Full Text of HB4259 94th General Assembly
HB4259ham002 94TH GENERAL ASSEMBLY
|
Rep. Ruth Munson
Filed: 3/1/2006
|
|
09400HB4259ham002 |
|
LRB094 15649 HLH 56699 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 4259
| 2 |
| AMENDMENT NO. ______. Amend House Bill 4259, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 1. Short title. This Act may be cited as the | 6 |
| Identity Protection Act of 2006.
| 7 |
| Section 5. Definitions. In this Act: | 8 |
| "Local government agency" means that term as it is defined | 9 |
| in Section 1-8 of the Illinois State Auditing Act.
| 10 |
| "Person" means any individual in the employ of a State | 11 |
| agency or local government agency. | 12 |
| "Publicly post" or "publicly display" means to | 13 |
| intentionally communicate or otherwise intentionally make | 14 |
| available to the general public. | 15 |
| "State agency" means that term as it is defined in Section | 16 |
| 1-7 of the Illinois State Auditing Act.
| 17 |
| Section 10. Prohibited activities. | 18 |
| (a) Except as otherwise provided in this Act,
beginning | 19 |
| July 1, 2008, no
person or State or local government agency may | 20 |
| do any of the following: | 21 |
| (1) Publicly post or publicly display in any manner an | 22 |
| individual's social security number. | 23 |
| (2) Print an individual's social security number on any |
|
|
|
09400HB4259ham002 |
- 2 - |
LRB094 15649 HLH 56699 a |
|
| 1 |
| card
required for the individual to access products or | 2 |
| services provided by the person or entity; however, a | 3 |
| person or entity that provides an insurance card must print | 4 |
| on the card an identification number unique to the holder | 5 |
| of the card in the format prescribed by Section 15 of the
| 6 |
| Uniform Prescription Drug Information Card Act. | 7 |
| (3) Require an individual to transmit his or her social | 8 |
| security number over the Internet, unless the connection is | 9 |
| secure or the social security number is encrypted. | 10 |
| (4) Require an individual to use his or her social | 11 |
| security number to access an Internet web site, unless a | 12 |
| password or unique personal identification number or other | 13 |
| authentication device is also required to access the | 14 |
| Internet Web site. | 15 |
| (5) Print an individual's social security number on any | 16 |
| materials that are mailed to the individual, through the | 17 |
| U.S. Postal Service, any private mail service, electronic | 18 |
| mail, or any similar method of delivery, unless State or | 19 |
| federal law requires the social security number to be on | 20 |
| the document to be mailed. Notwithstanding any provision in | 21 |
| this Section to the contrary, social security numbers may | 22 |
| be included in applications and forms sent by mail, | 23 |
| including, but not limited to, any material mailed in | 24 |
| connection with the administration of the Unemployment | 25 |
| Insurance Act, any material mailed in connection with any | 26 |
| tax administered by the Department of Revenue, and | 27 |
| documents sent as part of an application or enrollment | 28 |
| process or to establish, amend, or terminate an account, | 29 |
| contract, or policy or to confirm the accuracy of the | 30 |
| social security number. A social security number that may | 31 |
| permissibly be mailed under this Section may not be | 32 |
| printed, in whole or in part, on a postcard or other mailer | 33 |
| that does not require an envelope or be visible on an | 34 |
| envelope or visible without the envelope having been |
|
|
|
09400HB4259ham002 |
- 3 - |
LRB094 15649 HLH 56699 a |
|
| 1 |
| opened. | 2 |
| (6) Collect a social security number from an | 3 |
| individual, unless required to do so under State or federal | 4 |
| law, rules, or regulations, unless the collection of the | 5 |
| social security number is otherwise necessary for the | 6 |
| performance of that agency's duties and responsibilities. | 7 |
| Social security numbers collected by a State or local | 8 |
| government agency must be relevant to the purpose for which | 9 |
| the number was collected and must not be collected unless | 10 |
| and until the need for social security numbers for that | 11 |
| purpose has been clearly documented. | 12 |
| (7) When collecting a social security number from an | 13 |
| individual or when filing a document containing a social | 14 |
| security number with the clerk of the circuit court or with | 15 |
| the recorder of deeds, fail to segregate the social | 16 |
| security number on a separate page from the rest of the | 17 |
| record, provide a discrete location for a social security | 18 |
| number when required on a standardized form, or otherwise | 19 |
| place the number in a manner that makes it easily redacted | 20 |
| if required to be released as part of a public records | 21 |
| request. | 22 |
| (8) When collecting a social security number from an | 23 |
| individual, fail to provide to the individual, at the time | 24 |
| of or prior to the actual collection of the social security | 25 |
| number by that agency, upon request by the individual, a | 26 |
| statement of the purpose or purposes for which the agency | 27 |
| is collecting and using the social security number. | 28 |
| (9) Use the social security number for any purpose | 29 |
| other than the purpose stated in the statement provided | 30 |
| under item (8). | 31 |
| (10) Intentionally communicate or otherwise make | 32 |
| available to the general public a person's social security | 33 |
| number or other identifying information. | 34 |
| (b) The prohibitions in subsection (a) do not apply in the |
|
|
|
09400HB4259ham002 |
- 4 - |
LRB094 15649 HLH 56699 a |
|
| 1 |
| following circumstances: | 2 |
| (1) The disclosure of social security numbers or other | 3 |
| identifying information disclosed to agents, employees, or | 4 |
| contractors of a governmental entity or disclosed by a | 5 |
| governmental entity to another governmental entity or its | 6 |
| agents, employees, or contractors if disclosure is | 7 |
| necessary in order for the entity to perform its duties and | 8 |
| responsibilities and if the governmental entity and its | 9 |
| agents, employees, and contractors maintain the | 10 |
| confidential and exempt status of the social security | 11 |
| numbers or other identifying information. | 12 |
| (2) The disclosure of social security numbers or other | 13 |
| identifying information disclosed pursuant to a court | 14 |
| order, warrant, or subpoena. | 15 |
| (3) The collection, use, or disclosure of social | 16 |
| security numbers or other identifying information in order | 17 |
| to ensure the safety of: State and local government | 18 |
| employees; persons committed to correctional facilities, | 19 |
| local jails, and other law-enforcement facilities or | 20 |
| retention centers; wards of the State; and all persons | 21 |
| working in or visiting a State or local government agency | 22 |
| facility. | 23 |
| (4) The disclosure of social security numbers by a | 24 |
| State agency to any entity for the collection of delinquent | 25 |
| child support or of any State debt. | 26 |
| (5) The collection, use, or disclosure of social | 27 |
| security numbers or other identifying information to | 28 |
| investigate or prevent fraud, to conduct background | 29 |
| checks, to conduct social or scientific research, to | 30 |
| collect a debt, to obtain a credit report from or furnish | 31 |
| data to a consumer reporting agency under the federal Fair | 32 |
| Credit Reporting Act, to undertake any permissible purpose | 33 |
| that is enumerated under the federal Gramm Leach Bliley | 34 |
| Act, or to locate a missing person, a lost relative, or a |
|
|
|
09400HB4259ham002 |
- 5 - |
LRB094 15649 HLH 56699 a |
|
| 1 |
| person who is due a benefit, such as a pension benefit or | 2 |
| an unclaimed-property benefit. | 3 |
| (c) If any State agency or local government agency has | 4 |
| adopted standards for the collection, use, or disclosure of | 5 |
| social security numbers or other identifying information that | 6 |
| are stricter than the standards under this Act with respect to | 7 |
| the protection of that identifying information, then, in the | 8 |
| event of any conflict with the provisions of this Act, the | 9 |
| stricter standards adopted by the State agency or local | 10 |
| government agency shall control. | 11 |
| Section 15. Public inspection and copying of information | 12 |
| and documents. Notwithstanding any other provision of this Act | 13 |
| to the contrary, a person or State or local government agency | 14 |
| must comply with the provisions of any other State law with | 15 |
| respect to allowing the public inspection and copying of | 16 |
| information or documents containing all or any portion of an | 17 |
| individual's social security number or other identifying | 18 |
| information. | 19 |
| Section 20. Applicability. | 20 |
| (a) This Act does not apply to the collection, use, or | 21 |
| release
of a social security number or other identifying | 22 |
| information, as required by State or federal law, rule, or | 23 |
| regulation, or
the use of a social security number or other | 24 |
| identifying information for internal verification or
| 25 |
| administrative purposes. | 26 |
| (b) This Act does not apply to documents that are recorded | 27 |
| or
required to be open to the public under any State or federal | 28 |
| law, rule, or regulation, applicable case law, Supreme Court | 29 |
| Rule, or the Constitution of the State of Illinois. | 30 |
| Section 25. Compliance with federal law. If a federal law | 31 |
| takes effect requiring any federal agency to establish a |
|
|
|
09400HB4259ham002 |
- 6 - |
LRB094 15649 HLH 56699 a |
|
| 1 |
| national
unique patient health identifier program, any State or | 2 |
| local government agency that complies with the federal law | 3 |
| shall be deemed to be in compliance with this
Act. | 4 |
| Section 30. Embedded social security numbers. Beginning | 5 |
| July 1, 2008, no person or State or local government agency may | 6 |
| encode or embed a social security
number in or on a card or | 7 |
| document, including, but not limited to,
using a bar code, | 8 |
| chip, magnetic strip, RFID technology, or other technology, in | 9 |
| place
of removing the social security number as required by | 10 |
| this Act. | 11 |
| Section 35. Identity-protection policy. Each State agency | 12 |
| and local government agency must establish an | 13 |
| identity-protection policy and must implement that policy on or | 14 |
| before July 1, 2008. The policy must do all of the following:
| 15 |
| (1) Require all employees of the State or local | 16 |
| government agency to be trained to protect the | 17 |
| confidentiality of social security numbers and to | 18 |
| understand the requirements of this Section. | 19 |
| (2) Prohibit the unlawful disclosure of social | 20 |
| security numbers. | 21 |
| (3) Limit the number of employees who have access to | 22 |
| information or documents that contain social security | 23 |
| numbers. | 24 |
| (4) Describe how to properly dispose of information and | 25 |
| documents that contain social security numbers. | 26 |
| (5) Establish penalties for violation of the privacy | 27 |
| policy.
| 28 |
| (6) Prevent the intentional communication of or | 29 |
| ability of the general public to access an individual's | 30 |
| social security number. | 31 |
| Each State agency must file a written copy of its privacy | 32 |
| policy with the Clerk of the House of Representatives and the |
|
|
|
09400HB4259ham002 |
- 7 - |
LRB094 15649 HLH 56699 a |
|
| 1 |
| Secretary of the Senate. Each local government agency must file | 2 |
| a written copy of its privacy policy with the governing board | 3 |
| of the unit of local government. Each State or local government | 4 |
| agency must also provide a written copy of the policy to each | 5 |
| of its employees, and must also make its privacy policy | 6 |
| available to any member of the public, upon request. If a State | 7 |
| or local government agency amends its privacy policy, then that | 8 |
| agency must file a written copy of the amended policy with the | 9 |
| appropriate entity and must also provide each of its employee | 10 |
| with a new written copy of the amended policy.
| 11 |
| Section 40. Recording and filing of legal documents. | 12 |
| Beginning July 1, 2008, a social security number may not be | 13 |
| included in any document filed with any recorder of deeds or | 14 |
| circuit court clerk except as part of a pleading in an action | 15 |
| to recover State debt or in response to an action under the | 16 |
| Administrative Review Law, unless a social security number is | 17 |
| otherwise required by law or by court rule. | 18 |
| Section 45. Violation. Any person who knowingly violates | 19 |
| this Act is guilty of a Class B misdemeanor. | 20 |
| Section 50. Home rule. A home rule unit may not regulate | 21 |
| the use of social security numbers in a manner that is | 22 |
| inconsistent with this Act. This Act is a limitation under | 23 |
| subsection (i) of Section 6 of Article VII of the Illinois | 24 |
| Constitution on the concurrent exercise by home rule units of | 25 |
| powers and functions exercised by the State.
| 26 |
| Section 55. This Act does not supersede any more | 27 |
| restrictive law, rule, or regulation regarding the collection, | 28 |
| use, or release of social security numbers. | 29 |
| Section 905. The Social Security Number Protection Task |
|
|
|
09400HB4259ham002 |
- 8 - |
LRB094 15649 HLH 56699 a |
|
| 1 |
| Force Act is amended by changing Section 10 and by adding | 2 |
| Section 15 as follows: | 3 |
| (20 ILCS 4040/10)
| 4 |
| Sec. 10. Social Security Number Protection Task Force. | 5 |
| (a) The Social Security Number Protection Task Force is | 6 |
| created within the Office of the Attorney General . The Attorney | 7 |
| General is responsible for administering the activities of the | 8 |
| Task Force. The Task Force shall consist of the following | 9 |
| members: | 10 |
| (1) Two members
One member representing the House of | 11 |
| Representatives, appointed by the Speaker of the House of | 12 |
| Representatives; | 13 |
| (2) Two members
One member representing the House of | 14 |
| Representatives, appointed by the Minority Leader of the | 15 |
| House of Representatives; | 16 |
| (3) Two members
One member representing the Senate, | 17 |
| appointed by the President of the Senate; | 18 |
| (4) Two members
One member representing the Senate, | 19 |
| appointed by the Minority Leader of the Senate; | 20 |
| (5) One member , who shall serve as the chairperson of | 21 |
| the Task Force, representing the Office of the Attorney | 22 |
| General, appointed by the Attorney General; | 23 |
| (6) One member representing the Office of the Secretary | 24 |
| of State, appointed by the Secretary of State; | 25 |
| (7) One member representing the Office of the Governor, | 26 |
| appointed by the Governor; | 27 |
| (8) One member representing the Department of Natural | 28 |
| Resources, appointed by the Director of Natural Resources; | 29 |
| (9) One member representing the Department of | 30 |
| Healthcare and Family Services
Public Aid , appointed by the | 31 |
| Director of Healthcare and Family Services
Public Aid ; | 32 |
| (10) One member representing the Department of | 33 |
| Revenue, appointed by the Director of Revenue; |
|
|
|
09400HB4259ham002 |
- 9 - |
LRB094 15649 HLH 56699 a |
|
| 1 |
| (11) One member representing the Department of State | 2 |
| Police, appointed by the Director of State Police;
| 3 |
| (12) One member representing the Department of | 4 |
| Employment Security, appointed by the Director of | 5 |
| Employment Security; | 6 |
| (13) One member representing the Illinois Courts, | 7 |
| appointed by the Director of the Administrative Office of | 8 |
| Illinois Courts; and | 9 |
| (14) One member representing the Department on Aging, | 10 |
| appointed by the Director of the Department on Aging ;
. | 11 |
| (15) One member appointed by the Director of Central | 12 |
| Management Services;
| 13 |
| (16) One member of the Board of Higher Education, | 14 |
| appointed by the Executive Director of the Board of Higher | 15 |
| Education;
| 16 |
| (17) One member appointed by the Secretary of Human | 17 |
| Services; and
| 18 |
| (18) Three members appointed by the chairperson of the | 19 |
| Task Force, representing local-governmental organizations, | 20 |
| who may include representatives of clerks of the circuit | 21 |
| court, recorders of deeds, counties, and municipalities.
| 22 |
| (b) The Task Force shall examine the procedures used by the | 23 |
| State to protect an individual against the unauthorized | 24 |
| disclosure of his or her social security number when the State | 25 |
| requires the individual to provide his or her social security | 26 |
| number to an officer or agency of the State. | 27 |
| (c) The Task Force shall report its findings and | 28 |
| recommendations , including its recommendations concerning a | 29 |
| unique identification number system under Section 15, to the | 30 |
| Governor, the Attorney General, the Secretary of State, and the | 31 |
| General Assembly no later than December 31 of each year
March | 32 |
| 1, 2006 .
| 33 |
| (Source: P.A. 93-813, eff. 7-27-04; 94-611, eff. 8-18-05; | 34 |
| revised 12-15-05.) |
|
|
|
09400HB4259ham002 |
- 10 - |
LRB094 15649 HLH 56699 a |
|
| 1 |
| (20 ILCS 4040/15 new)
| 2 |
| Sec. 15. Unique identification numbers. | 3 |
| (a) The Task Force shall explore the technical and | 4 |
| procedural changes that
are
necessary in
order to implement a | 5 |
| unique identification number system to replace the use of | 6 |
| social security numbers by State and local government agencies | 7 |
| for identification and record-keeping purposes.
The Task Force | 8 |
| shall identify other states and local governments that have | 9 |
| implemented a unique identification number system and make
| 10 |
| recommendations and devise procedures for creating a Statewide | 11 |
| unique identification number program. | 12 |
| (b) The Task Force shall report its findings on unique | 13 |
| identification numbers and recommendations to the Governor, | 14 |
| the Attorney General, the Secretary of State, and the General
| 15 |
| Assembly, by
December 31, 2007. | 16 |
| Section 990. The State Mandates Act is amended by adding | 17 |
| Section 8.30 as
follows:
| 18 |
| (30 ILCS 805/8.30 new)
| 19 |
| Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 | 20 |
| of this
Act, no reimbursement by the State is required for the | 21 |
| implementation of
any mandate created by this amendatory Act of | 22 |
| the 94th General Assembly.
| 23 |
| Section 999. Effective date. This Act takes effect upon | 24 |
| becoming law.".
|
|