Full Text of HB0487 94th General Assembly
HB0487eng 94TH GENERAL ASSEMBLY
|
|
|
HB0487 Engrossed |
|
LRB094 06000 DRH 36058 b |
|
| 1 |
| AN ACT concerning identification.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 3. The Illinois Identification Card Act is amended | 5 |
| by adding Section 14D as follows: | 6 |
| (15 ILCS 335/14D new) | 7 |
| Sec. 14D. Limitations on use of identification card | 8 |
| information. | 9 |
| (a) When information is obtained from an identification | 10 |
| card issued by the Secretary of State to identify or prove the | 11 |
| age of the holder of the card, or in the course of a commercial | 12 |
| transaction, that information may be used only for purposes of | 13 |
| identification of the individual or for completing the | 14 |
| commercial transaction in which the information was obtained. | 15 |
| Information obtained from an identification card issued by the | 16 |
| Secretary of State may not be used for purposes unrelated to | 17 |
| the transaction in which it was obtained, including, but not | 18 |
| limited to, commercial solicitations. Information obtained | 19 |
| from an identification card issued by the Secretary of State to | 20 |
| identify or prove the age of the holder of the card, or in the | 21 |
| course of a commercial transaction, may not be sold, leased or | 22 |
| otherwise provided to any third party. | 23 |
| (b) As used in this Section, "information" on an | 24 |
| identification card issued by the Secretary of State includes | 25 |
| readable text on the face of the card and information encoded | 26 |
| or encrypted into a bar code, magnetic strip, or other | 27 |
| electronically readable device on or in the card. | 28 |
| (c) Any individual whose identification card information | 29 |
| has been used in violation of this Section has a cause of | 30 |
| action against the person who violated this Section. Upon a | 31 |
| finding that a violation did occur, the individual whose | 32 |
| information was used in violation of this Section is entitled |
|
|
|
HB0487 Engrossed |
- 2 - |
LRB094 06000 DRH 36058 b |
|
| 1 |
| to recover actual damages, but not less than liquidated damages | 2 |
| in the amount of $250 for each violation, plus attorney's fees | 3 |
| and the costs of bringing the action. | 4 |
| (d) Use of information contained on an identification card | 5 |
| issued by the Secretary of State is not a violation of this | 6 |
| Section if the individual whose information has been used gave | 7 |
| express permission for that use, or if the information relating | 8 |
| to the individual was obtained from a source other than the | 9 |
| individual's identification card issued by the Secretary of | 10 |
| State. | 11 |
| (e) This Section does not apply to any agency of the United | 12 |
| States or to the State of Illinois or any of its political | 13 |
| subdivisions. | 14 |
| Section 5. The Illinois Vehicle Code is amended by adding | 15 |
| Section 6-117.1 as follows: | 16 |
| (625 ILCS 5/6-117.1 new) | 17 |
| Sec. 6-117.1. Prohibited use of driver's license | 18 |
| information. | 19 |
| (a) When information is obtained from a driver's license to | 20 |
| identify or prove the age of the holder of the license, or in | 21 |
| the course of a commercial transaction, that information may be | 22 |
| used only for purposes of identification of the individual or | 23 |
| for completing the commercial transaction in which the | 24 |
| information was obtained. Information obtained from a driver's | 25 |
| license may not be used for purposes unrelated to the | 26 |
| transaction in which it was obtained, including, but not | 27 |
| limited to, commercial solicitations. Information obtained | 28 |
| from a driver's license to identify the holder of the license, | 29 |
| or in the course of a commercial transaction, may not be sold, | 30 |
| leased, or otherwise provided to any third party. | 31 |
| (b) Any individual whose driver's license information has | 32 |
| been used in violation of this Section has a cause of action | 33 |
| against the person who violated this Section. Upon a finding | 34 |
| that a violation did occur, the individual whose information |
|
|
|
HB0487 Engrossed |
- 3 - |
LRB094 06000 DRH 36058 b |
|
| 1 |
| was used in violation of this Section is entitled to recover | 2 |
| actual damages, but not less than liquidated damages in the | 3 |
| amount of $250 for each violation, plus attorney's fees and the | 4 |
| costs of bringing the action. | 5 |
| (c) Use of information contained on a driver's license is | 6 |
| not a violation of this Section if (i) the individual whose | 7 |
| information has been used gave express permission for that use | 8 |
| or (ii) the information relating to the individual was obtained | 9 |
| from a source other than the individual's driver's license. | 10 |
| (d) This Section does not apply to any agency of the United | 11 |
| States, the State of Illinois, or any other state or political | 12 |
| subdivision thereof.
|
|