093_SB0404sam001











                                     LRB093 09317 BDD 14050 a

 1                    AMENDMENT TO SENATE BILL 404

 2        AMENDMENT NO.     .  Amend Senate Bill 404  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Children's Privacy Protection and Parental Empowerment Act.

 6        Section 5.  Definitions. As used in this Act:
 7        "Child" means a person under the age of 18.
 8        "Personal information" means any of the following:
 9             (1)  A person's name.
10             (2)  A person's address.
11             (3)  A person's telephone number.
12             (4)  A person's driver's license number or State  of
13        Illinois  identification card as assigned by the Illinois
14        Secretary of State or by  a  similar  agency  of  another
15        state.
16             (5)  A person's social security number.
17             (6)  Any  other  information  that  can  be  used to
18        identify a specific individual.
19        Personal information does not include public  records  as
20    defined by Section 2 of the Freedom of Information Act.

21        Section  10.  Prohibited  acts.  The  following  acts are
 
                            -2-      LRB093 09317 BDD 14050 a
 1    prohibited:
 2        (a)  the  sale  or  purchase  of   personal   information
 3    concerning a child without parental consent;
 4        (b)  the  processing of personal information concerning a
 5    child by prisoners or convicted sex offenders; and
 6        (c)  the distribution or exchange of a  child's  personal
 7    information  that  one  has reason to believe will be used to
 8    harm or abuse the child.

 9        Section 15.  Information brokers and solicitors.  Persons
10    who  broker,  solicit,  or  facilitate  the  sale of personal
11    information concerning children are required:
12        (a)  To disclose  to  a  parent,  step-parent,  or  legal
13    guardian,  upon  request,  the source and content of personal
14    information on file  with  regard  to  that  person's  child,
15    step-child, or ward.
16        (b)  To  disclose  to  a  parent,  step-parent,  or legal
17    guardian, upon request, the names of persons or entities that
18    have received or solicited personal information  with  regard
19    to that person's child, step-child, or ward.
20        (c)  Upon  the request of a parent, step-parent, or legal
21    guardian, to cease to broker, solicit, or facilitate the sale
22    of  personal  information  concerning  that  person's  child,
23    step-child, or ward.

24        Section  20.  Application  of  the  Consumer  Fraud   and
25    Deceptive   Business   Practices  Act.  A  violation  of  any
26    provision of this Act is a violation of  the  Consumer  Fraud
27    and Deceptive Business Practices Act.

28        Section  90.  The  Consumer  Fraud and Deceptive Business
29    Practices Act is amended by changing Section 2Z as follows:

30        (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
 
                            -3-      LRB093 09317 BDD 14050 a
 1        Sec. 2Z.  Violations  of  other  Acts.   Any  person  who
 2    knowingly violates the Automotive Repair Act, the Home Repair
 3    and  Remodeling  Act,  the  Dance  Studio  Act,  the Physical
 4    Fitness  Services  Act,  the  Hearing   Instrument   Consumer
 5    Protection  Act,  the  Illinois  Union  Label  Act,  the  Job
 6    Referral  and  Job  Listing Services Consumer Protection Act,
 7    the Travel Promotion  Consumer  Protection  Act,  the  Credit
 8    Services  Organizations  Act, the Automatic Telephone Dialers
 9    Act, the Pay-Per-Call Services Consumer Protection  Act,  the
10    Telephone  Solicitations  Act, the Illinois Funeral or Burial
11    Funds Act, the Cemetery Care Act, the Safe and  Hygienic  Bed
12    Act,  the Pre-Need Cemetery Sales Act, the Children's Privacy
13    Protection and Parental Empowerment Act,  subsection  (a)  or
14    (b)  of Section 3-10 of the Cigarette Tax Act, subsection (a)
15    or (b) of Section 3-10 of the  Cigarette  Use  Tax  Act,  the
16    Electronic  Mail  Act,  or paragraph (6) of subsection (k) of
17    Section  6-305  of  the  Illinois  Vehicle  Code  commits  an
18    unlawful practice within the meaning of this Act.
19    (Source: P.A. 91-164,  eff.  7-16-99;  91-230,  eff.  1-1-00;
20    91-233,  eff.  1-1-00;  91-810,  eff.  6-13-00;  92-426, eff.
21    1-1-02.)".