Illinois General Assembly - Bill Status for SB0404
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 Bill Status of SB0404  93rd General Assembly


Short Description:  CHILDREN'S PRIVACY PROTECTION

Senate Sponsors
Sen. Jeffrey M. Schoenberg and Mattie Hunter

House Sponsors
(Rep. Elaine Nekritz - Marlow H. Colvin - Kathleen A. Ryg - Deborah L. Graham - Robin Kelly, Charles E. Jefferson, Monique D. Davis, Robert Rita, Robert F. Flider, Jack D. Franks, Linda Chapa LaVia, Maria Antonia Berrios, Susana Mendoza, Patricia Bailey and Wyvetter H. Younge)

Last Action
DateChamber Action
  8/8/2003SenatePublic Act . . . . . . . . . 93-0462

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Children's Privacy Protection and Parental Empowerment Act. Prohibits: the sale or purchase of personal information concerning children without parental consent; the processing of personal information concerning children by prisoners or convicted sex offenders; and the distribution or exchange of children's personal information that one has reason to believe will be used to harm or abuse a child. Provides that persons who broker, solicit, or facilitate the sale of personal information concerning children are required to disclose to parents, upon request, the source and content of personal information on file with regard to their children, and to disclose to parents, upon request, the names of persons or entities that have received or solicited personal information with regard to their children. Violation of this Act is a Class A misdemeanor.

Senate Floor Amendment No. 1
Adds reference to:
815 ILCS 505/2Z

Deletes everything. Reinserts the provisions of the bill as introduced with the following changes: Defines "child", and "personal information". Provides that information brokers and solicitors must, upon the request of a parent, step-parent, or legal guardian, cease to broker, solicit, or facilitate the sale of personal information concerning that person's child. Provides that a violation of the Act is a violation of the Consumer Fraud and Deceptive Business Practices Act (instead of a Class A misdemeanor), and amends the Consumer Fraud and Deceptive Business Practices Act to make corresponding changes. Makes other technical changes.

House Committee Amendment No. 1
Deletes reference to:
815 ILCS 505/2z

Exempts from the definition of "personal information" court records, information found in publicly available sources, and any other information that is not known to concern a child. Provides that the Act shall not be construed as providing any private right of action. Deletes the changes to the Consumer Fraud and Deceptive Businesses Practices Act.

House Floor Amendment No. 2
Adds reference to:
105 ILCS 5/1A-9 new

Deletes everything. Reinserts the provisions of the engrossed bill as amended by House Amendment No. 1 with the following changes. In the Children's Privacy Protection and Parental Empowerment Act, provides that a child is a person under the age of 16 (instead of 18). Defines "parent" as a parent, step-parent, or legal guardian. Deletes provisions prohibiting the processing of personal information concerning a child by prisoners or convicted sex offenders or distributing or exchanging a child's personal information that one has reason to believe will be used to harm or abuse the child. Changes the requirements for information brokers to broker or facilitate the sale of personal information concerning children and provides that the consent of a parent to the sale or purchase of information concerning a child is presumed unless the parent withdraws consent. Amends the School Code. Provides that the State Board of Education shall prepare and disseminate information concerning the Children's Privacy Protection and Parental Empowerment Act and post a notice of rights under the Act on its website.

Actions 
DateChamber Action
  2/18/2003SenateFiled with Secretary by Sen. Jeffrey M. Schoenberg
  2/18/2003SenateFirst Reading
  2/18/2003SenateReferred to Rules
  2/19/2003SenateAssigned to Judiciary
  2/27/2003SenatePostponed - Judiciary
  3/5/2003SenatePostponed - Judiciary
  3/6/2003SenateAdded as Co-Sponsor Sen. Mattie Hunter
  3/13/2003SenateDo Pass Judiciary; 010-000-000
  3/13/2003SenatePlaced on Calendar Order of 2nd Reading March 18, 2003
  3/25/2003SenateSecond Reading
  3/25/2003SenatePlaced on Calendar Order of 3rd Reading March 26, 2003
  3/31/2003SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Jeffrey M. Schoenberg
  3/31/2003SenateSenate Floor Amendment No. 1 Referred to Rules
  4/2/2003SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary
  4/2/2003SenateSenate Floor Amendment No. 1 Be Approved for Consideration Judiciary; 010-000-000
  4/2/2003SenateRecalled to Second Reading
  4/2/2003SenateSenate Floor Amendment No. 1 Adopted; Schoenberg
  4/2/2003SenatePlaced on Calendar Order of 3rd Reading April 3, 2003
  4/3/2003SenateThird Reading - Passed; 058-000-000
  4/4/2003HouseArrived in House
  4/4/2003HouseChief House Sponsor Rep. Elaine Nekritz
  4/4/2003HouseFirst Reading
  4/4/2003HouseReferred to Rules Committee
  4/8/2003HouseAssigned to Judiciary II - Criminal Law Committee
  4/9/2003HouseAdded Alternate Chief Co-Sponsor Rep. Marlow H. Colvin
  4/10/2003HouseAdded Alternate Chief Co-Sponsor Rep. Kathleen A. Ryg
  5/1/2003HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  5/1/2003HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  5/1/2003HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  5/1/2003HousePlaced on Calendar 2nd Reading - Short Debate
  5/7/2003HouseAdded Alternate Chief Co-Sponsor Rep. Deborah L. Graham
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Charles E. Jefferson
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Monique D. Davis
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  5/15/2003HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Elaine Nekritz
  5/15/2003HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/16/2003HouseCommittee/3rd Reading Deadline Extended-Rule 9(b); May 23, 2003
  5/20/2003HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-002-000
  5/21/2003HouseSecond Reading - Short Debate
  5/21/2003HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  5/21/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/22/2003HouseAdded Alternate Chief Co-Sponsor Rep. Robin Kelly
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Robert F. Flider
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Maria Antonia Berrios
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Susana Mendoza
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Patricia Bailey
  5/22/2003HouseThird Reading - Short Debate - Passed 098-018-002
  5/22/2003SenateSecretary's Desk - Concurrence House Amendment(s) 01,02
  5/22/2003SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02 - May 23, 2003
  5/22/2003SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Jeffrey M. Schoenberg
  5/22/2003SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Rules
  5/22/2003SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Jeffrey M. Schoenberg
  5/22/2003SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Rules
  5/23/2003HouseAdded Alternate Co-Sponsor Rep. Wyvetter H. Younge
  5/28/2003SenateHouse Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary
  5/28/2003SenateHouse Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary
  5/28/2003SenateHouse Committee Amendment No. 1 Motion to Concur Postponed Judiciary
  5/28/2003SenateHouse Floor Amendment No. 2 Motion to Concur Postponed Judiciary
  5/30/2003SenateHouse Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Judiciary; 010-000-000
  5/30/2003SenateHouse Floor Amendment No. 2 Motion to Concur Be Approved for Consideration Judiciary; 010-000-000
  5/30/2003SenateHouse Committee Amendment No. 1 Senate Concurs 058-000-001
  5/30/2003SenateHouse Floor Amendment No. 2 Senate Concurs 058-000-001
  5/30/2003SenatePassed Both Houses
  6/27/2003SenateSent to the Governor
  8/8/2003SenateGovernor Approved
  8/8/2003SenateEffective Date January 1, 2004
  8/8/2003SenatePublic Act . . . . . . . . . 93-0462

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