Full Text of SB2283 94th General Assembly
SB2283 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2283
Introduced 1/12/2006, by Sen. Arthur J. Wilhelmi SYNOPSIS AS INTRODUCED: |
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15 ILCS 335/14D new |
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625 ILCS 5/6-117.1 new |
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Amends the Illinois Vehicle Code and the Illinois Identification Card Act. Provides that, when information is obtained from a driver's license or identification card to identify or prove the age of the holder of the license or identification card, or in the course of a commercial transaction, that information may be used only for purposes of identification of the individual or for completing the commercial transaction in which the information was obtained. Provides that the information may not be used for any other purpose and may not be provided to a third party. Provides that a person whose driver's license or identification card information was used in violation of the provision is entitled to recover actual damages, but not less than liquidated damages in the amount of $250 for each violation, plus attorney's fees and costs. Creates exceptions.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2283 |
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LRB094 15332 DRH 50523 b |
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| AN ACT concerning identification.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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 |
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SB2283 |
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LRB094 15332 DRH 50523 b |
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| 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 |
| (f) This Section does not apply to the transfer of | 15 |
| information to a third party if (i) a federal or State law, | 16 |
| rule, or regulation requires that the information be | 17 |
| transferred to a third party after being recorded in specified | 18 |
| transactions or (ii) the information is transferred to a third | 19 |
| party for purposes of the detection or possible prosecution of | 20 |
| criminal offenses or fraud. If information is transferred to a | 21 |
| third party under this subsection (f), it may be used only for | 22 |
| the purposes authorized by this subsection (f). | 23 |
| (g) This Section does not apply to the use of information | 24 |
| obtained from an identification card which has been provided by | 25 |
| the holder of the card in the course of a potential or | 26 |
| completed employment, commercial, business or professional | 27 |
| transaction for the purpose of completing written documents | 28 |
| including, but not limited to, contracts, agreements, purchase | 29 |
| orders, retail installment contracts, buyer's orders, purchase | 30 |
| contracts, repair orders, applications, disclosure forms or | 31 |
| waiver forms.
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| Section 5. The Illinois Vehicle Code is amended by adding | 33 |
| Section 6-117.1 as follows: | 34 |
| (625 ILCS 5/6-117.1 new) |
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SB2283 |
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LRB094 15332 DRH 50523 b |
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| Sec. 6-117.1. Prohibited use of driver's license | 2 |
| information. | 3 |
| (a) When information is obtained from a driver's license to | 4 |
| identify or prove the age of the holder of the license, or in | 5 |
| the course of a commercial transaction, that information may be | 6 |
| used only for purposes of identification of the individual or | 7 |
| for completing the commercial transaction in which the | 8 |
| information was obtained. Information obtained from a driver's | 9 |
| license may not be used for purposes unrelated to the | 10 |
| transaction in which it was obtained, including, but not | 11 |
| limited to, commercial solicitations. Information obtained | 12 |
| from a driver's license to identify the holder of the license, | 13 |
| or in the course of a commercial transaction, may not be sold, | 14 |
| leased, or otherwise provided to any third party. | 15 |
| (b) Any individual whose driver's license information has | 16 |
| been used in violation of this Section has a cause of action | 17 |
| against the person who violated this Section. Upon a finding | 18 |
| that a violation did occur, the individual whose information | 19 |
| was used in violation of this Section is entitled to recover | 20 |
| actual damages, but not less than liquidated damages in the | 21 |
| amount of $250 for each violation, plus attorney's fees and the | 22 |
| costs of bringing the action. | 23 |
| (c) Use of information contained on a driver's license is | 24 |
| not a violation of this Section if (i) the individual whose | 25 |
| information has been used gave express permission for that use | 26 |
| or (ii) the information relating to the individual was obtained | 27 |
| from a source other than the individual's driver's license. | 28 |
| (d) This Section does not apply to any agency of the United | 29 |
| States, the State of Illinois, or any other state or political | 30 |
| subdivision thereof. | 31 |
| (e) This Section does not apply to the transfer of | 32 |
| information to a third party if (i) a federal or State law, | 33 |
| rule, or regulation requires that the information be | 34 |
| transferred to a third party after being recorded in specified | 35 |
| transactions or (ii) the information is transferred to a third | 36 |
| party for purposes of the detection or possible prosecution of |
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SB2283 |
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LRB094 15332 DRH 50523 b |
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| criminal offenses or fraud. If information is transferred to a | 2 |
| third party under this subsection (e), it may be used only for | 3 |
| the purposes authorized by this subsection (e).
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| (f) This Section does not apply to the use of information | 5 |
| obtained from a driver's license which has been provided by the | 6 |
| holder of the license in the course of a potential or completed | 7 |
| employment, commercial, business or professional transaction | 8 |
| for the purpose of completing written documents including, but | 9 |
| not limited to, contracts, agreements, purchase orders, retail | 10 |
| installment contracts, buyer's orders, purchase contracts, | 11 |
| repair orders, applications, disclosure forms or waiver forms.
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