Full Text of SB3000 94th General Assembly
SB3000 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB3000
Introduced 1/20/2006, by Sen. Peter J. Roskam - Dave Syverson - Larry K. Bomke - Christine Radogno SYNOPSIS AS INTRODUCED: |
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Amends the Consumer Fraud and Deceptive Business Practices Act. Prohibits a person from requiring an individual's social security number in order for the individual to obtain a service, including, but not limited to, the provision of satellite television and wireless telecommunications service, unless the person: (i) presents the individual with a written notice stating that the individual's social security number will be used only for purposes of conducting a credit check and detailing all of the measures that the person has taken to protect the individual's social security number; and (ii) provides an alternative to provision of the individual's social security number as a requirement for service, such as requiring a higher security deposit amount. Prohibits the use of an individual's social security number as a personal identification number or account number.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB3000 |
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LRB094 18893 MKM 54337 b |
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| AN ACT concerning business.
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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 5. The Consumer Fraud and Deceptive Business | 5 |
| Practices Act is amended by changing and re-numbering Section | 6 |
| 2QQ as follows:
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| (815 ILCS 505/2RR)
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| (This Section may contain text from a Public Act with a | 9 |
| delayed effective date ) | 10 |
| Sec. 2RR
2QQ . Use of Social Security numbers. | 11 |
| (a) Except as otherwise provided in this Section,
a person | 12 |
| may not do any of the following: | 13 |
| (1) Publicly post or publicly display in any manner an | 14 |
| individual's social security number. As used in this | 15 |
| Section, "publicly post" or "publicly display" means to | 16 |
| intentionally communicate or otherwise make available to | 17 |
| the general public. | 18 |
| (2) Print an individual's social security number on any | 19 |
| card
required for the individual to access products or | 20 |
| services provided by the person or entity; however, a | 21 |
| person or entity that provides an insurance card must print | 22 |
| on the card an identification number unique to the holder | 23 |
| of the card in the format prescribed by Section 15 of the
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| Uniform Prescription Drug Information Card Act. | 25 |
| (3) Require an individual to transmit his or her social | 26 |
| security number over the Internet, unless the connection is | 27 |
| secure or the social security number is encrypted. | 28 |
| (4) Require an individual to use his or her social | 29 |
| security number to access an Internet web site, unless a | 30 |
| password or unique personal identification number or other | 31 |
| authentication device is also required to access the | 32 |
| Internet Web site. |
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SB3000 |
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LRB094 18893 MKM 54337 b |
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| (5) Print an individual's social security number on any | 2 |
| materials that are mailed to the individual, unless State | 3 |
| or federal law requires the social security number to be on | 4 |
| the document to be mailed. Notwithstanding any provision in | 5 |
| this Section to the contrary, social security numbers may | 6 |
| be included in applications and forms sent by mail, | 7 |
| including documents sent as part of an application or | 8 |
| enrollment process or to establish, amend, or terminate an | 9 |
| account, contract, or policy or to confirm the accuracy of | 10 |
| the social security number. A social security number that | 11 |
| may permissibly be mailed under this Section may not be | 12 |
| printed, in whole or in part, on a postcard or other mailer | 13 |
| that does not require an envelope or be visible on an | 14 |
| envelope or visible without the envelope having been | 15 |
| opened. | 16 |
| (6) Require an individual's social security number in | 17 |
| order for the individual to obtain a service, including, | 18 |
| but not limited to, the provision of satellite television | 19 |
| and wireless telecommunications service, unless the | 20 |
| person: (i) presents the individual with a written notice | 21 |
| stating that the individual's social security number will | 22 |
| be used only for purposes of conducting a credit check and | 23 |
| detailing all of the measures that the person has taken to | 24 |
| protect the individual's social security number; and (ii) | 25 |
| provides an alternative to provision of the individual's | 26 |
| social security number as a requirement for service, such | 27 |
| as requiring a higher security deposit amount.
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| (7) Use an individual's social security number as a | 29 |
| personal identification number or account number.
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| (b) A person that used, before July 1, 2005, an | 31 |
| individual's social security
number in a manner inconsistent | 32 |
| with subsection (a) may continue
using that individual's social | 33 |
| security number in the same manner on or
after July 1, 2005 if | 34 |
| all of the following conditions are met: | 35 |
| (1) The use of the social security number is | 36 |
| continuous. If the use is stopped for any reason, |
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LRB094 18893 MKM 54337 b |
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| subsection (a) shall apply. | 2 |
| (2) The individual is provided an annual disclosure | 3 |
| that informs the individual that he or she has the right to | 4 |
| stop the use of his or her social security number in a | 5 |
| manner prohibited by subsection (a). | 6 |
| A written request by an individual to stop the use of his | 7 |
| or her social security number in a manner prohibited by | 8 |
| subsection (a) shall be implemented within 30 days of the | 9 |
| receipt of the request. There shall be no fee or charge for | 10 |
| implementing the request. A person shall not deny services to | 11 |
| an individual because the individual makes such a written | 12 |
| request. | 13 |
| (c) This Section does not apply to the collection, use, or | 14 |
| release
of a social security number as required by State or | 15 |
| federal law or
the use of a social security number for internal | 16 |
| verification or
administrative purposes. This Section does not | 17 |
| apply to the collection, use, or
release of a social security | 18 |
| number by the State, a subdivision of the State, or an | 19 |
| individual in the employ of the State or a subdivision of the | 20 |
| State in connection with his or her official duties. | 21 |
| (d) This Section does not apply to documents that are | 22 |
| recorded or
required to be open to the public under State or | 23 |
| federal law, applicable case law, Supreme Court Rule, or the | 24 |
| Constitution of the State of Illinois. | 25 |
| (e) If a federal law takes effect requiring the United | 26 |
| States
Department of Health and Human Services to establish a | 27 |
| national
unique patient health identifier program, any person | 28 |
| who complies with the federal law shall be deemed to be in | 29 |
| compliance with this
Section. | 30 |
| (f) A person may not encode or embed a social security
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| number in or on a card or document, including, but not limited | 32 |
| to,
using a bar code, chip, magnetic strip, or other | 33 |
| technology, in place
of removing the social security number as | 34 |
| required by this Section. | 35 |
| (g) Any person who violates this Section commits an | 36 |
| unlawful practice within the meaning of this Act.
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LRB094 18893 MKM 54337 b |
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| (Source: P.A. 93-739, eff. 7-1-06; revised 11-10-04.)
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| Section 95. No acceleration or delay. Where this Act makes | 3 |
| changes in a statute that is represented in this Act by text | 4 |
| that is not yet or no longer in effect (for example, a Section | 5 |
| represented by multiple versions), the use of that text does | 6 |
| not accelerate or delay the taking effect of (i) the changes | 7 |
| made by this Act or (ii) provisions derived from any other | 8 |
| Public Act.
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