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 Bill Status of SB1502  100th General Assembly


Short Description:  RIGHT TO KNOW ACT

Senate Sponsors
Sen. Michael E. Hastings - Omar Aquino - Iris Y. Martinez - Ira I. Silverstein - Mattie Hunter, Bill Cunningham, Daniel Biss, Julie A. Morrison, Linda Holmes, Kwame Raoul, Jacqueline Y. Collins, Cristina Castro, Thomas Cullerton, Emil Jones, III, Patricia Van Pelt, David Koehler, Melinda Bush, Laura M. Murphy, Donne E. Trotter and Scott M. Bennett

House Sponsors
(Rep. Arthur Turner - Martin J. Moylan - Stephanie A. Kifowit - Mary E. Flowers - Elizabeth Hernandez, Emanuel Chris Welch, Jay Hoffman, Natalie A. Manley, Kelly M. Cassidy, John C. D'Amico, Carol Sente, Deb Conroy, Anna Moeller, Laura Fine, Robert Rita, Marcus C. Evans, Jr., Justin Slaughter, Litesa E. Wallace, Daniel V. Beiser, Juliana Stratton, Camille Y. Lilly, Lawrence Walsh, Jr., Daniel J. Burke, Luis Arroyo, La Shawn K. Ford, Michelle Mussman, Frances Ann Hurley, Theresa Mah, Michael Halpin, Katie Stuart, Ann M. Williams, Robyn Gabel, Carol Ammons, Sonya M. Harper, Kelly M. Burke, Sara Feigenholtz, LaToya Greenwood, Elgie R. Sims, Jr., Gregory Harris and Kathleen Willis)

Last Action
DateChamber Action
  7/6/2017HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Right to Know Act. Provides that an operator of a commercial website or online service that collects personally identifiable information through the internet about individual customers residing in Illinois who use or visit its commercial website or online service shall notify those customers of certain specified information pertaining to its personal information sharing practices. Requires an operator to make available certain specified information upon disclosing a customer's personal information to a third party, and to provide an e-mail address or toll-free telephone number whereby customers may request or obtain that information. Provides for a right of action to customers whose rights are violated under the Act. Provides that any waiver of the provisions of the Act or any agreement that does not comply with the applicable provisions of the Act shall be void and unenforceable. Provides that no provision of the Act shall be construed to conflict with or apply to certain specified provisions of federal law or certain interactions with State or local government. Provides findings and purpose. Defines terms.

Senate Committee Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced with changes. Provides that the parent or legal guardian of a customer under the age of 18 may submit a request for specified information on behalf of that customer. Provides that an operator shall not be required to respond to a request made by the same customer more than once within a given 12-month period. Modifies the term "operator" to mean any person or entity that owns a website located on the Internet or an online service that collects and maintains personal information (rather than personally identifiable information) from a customer residing in Illinois. Modifies a Section concerning a right of action for a violation of the Act to specify that a violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Provides that any person whose rights under the Act are violated shall also have, in addition to any rights under the Consumer Fraud and Deceptive Business Practices Act, a right of action against an offending party to seek injunctive relief, if appropriate. Removes language concerning liquidated damages and recovery of reasonable attorneys' fees, costs, and expenses. Makes conforming changes.

Senate Floor Amendment No. 3
Provides that nothing in the Section concerning violation and right of action under the Act shall prevent a person from seeking a right of action for a violation of the Biometric Information Privacy Act or otherwise seeking relief under the Code of Civil Procedure. Provides that nothing in the Act shall be construed to apply to any State agency, federal agency, unit of local government, or any contractor, subcontractor, or agent thereof. Provides that nothing in the Act shall be construed to apply to any entity recognized as a tax-exempt organization under 501(c)(3) and 501(c)(4) of the Internal Revenue Code of 1986.

Senate Floor Amendment No. 4
Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment #2 with changes. Changes the title of the Act to the Illinois Right to Know Data Transparency and Privacy Protection Act (rather than the Right to Know Act). Modifies the term "operator" to not include businesses having 10 (rather than 5) or fewer employees. Allows operators to provide required specified information in a conspicuous location on its website or online service platform where similar notices are customarily posted. Removes requirement that operators shall identify all categories of third party persons or entities with whom the operator may disclose personal information. Modifies a Section concerning information availability to further specify operator requirements for providing requested information to customers. Provides that the Office of the Attorney General or the appropriate State's Attorney's Office shall have sole enforcement authority of the provisions of the Act and may enforce a violation of the Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that nothing in the Section concerning violations shall prevent a person from seeking a right of action for a violation of the Biometric Information Privacy Act or otherwise seeking relief under the Code of Civil Procedure. Removes a provision exempting the applicability of the Act's provisions from certain persons or entities under the federal Communications Act of 1934. Provides that nothing in the Act shall be construed to apply to any State agency, federal agency, unit of local government, or any contractor, subcontractor, or agent thereof. Provides that nothing in the Act shall be construed to apply to any entity recognized as a tax-exempt organization under 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986. Provides that nothing in the Act shall be construed to apply to a public utility, an alternative retail electric supplier, or an alternative gas supplier, as those terms are defined under the Public Utilities Act. Makes conforming changes.

House Committee Amendment No. 1
Modifies the definition of "designated request address" to include a webform whereby customers may request or obtain the information required to be provided under the Act. Removes language under the definition of "disclose" requiring a private entity to enforce certain provisions in connection with disclosure of personal information. Modifies the definition of "disclose" to not include disclosure of personal information by a private entity to a transportation network company driver under the Transportation Network Providers Act. Modifies requirements concerning disclosure of a customer's personal information to a third party. Provides that an operator in violation of the Act shall have 15 days after being notified of a violation to rectify that violation before the Attorney General or appropriate State's Attorney's Office seek an enforcement action against that operator. Provides that nothing in the Act shall be construed to apply to: (i) internet, wireless, or telecommunications service providers; or (ii) a public utility, an alternative retail electric supplier, or an alternative gas supplier, as those terms are defined under the Public Utilities Act, or an electric cooperative, as defined under the Electric Supplier Act. Provides that nothing in the Act shall be construed to apply to: (i) a hospital operated under the Hospital Licensing Act; (ii) a hospital affiliate, as defined under the Hospital Licensing Act; or (iii) a hospital operated under the University of Illinois Hospital Act. Makes a conforming change.

 Fiscal Note, House Committee Amendment No. 1 (Office of the Attorney General)
 No dollar estimate can be provided. However, it is anticipated that there would be minimal cost.

 State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

Actions 
DateChamber Action
  2/9/2017SenateFiled with Secretary by Sen. Michael E. Hastings
  2/9/2017SenateFirst Reading
  2/9/2017SenateReferred to Assignments
  2/22/2017SenateAssigned to Judiciary
  2/22/2017SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Michael E. Hastings
  2/22/2017SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/28/2017SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/8/2017SenatePostponed - Judiciary
  3/8/2017SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  3/10/2017SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Michael E. Hastings
  3/10/2017SenateSenate Committee Amendment No. 2 Referred to Assignments
  3/14/2017SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  3/14/2017SenateSenate Committee Amendment No. 2 Adopted
  3/15/2017SenateDo Pass as Amended Judiciary; 007-004-001
  3/15/2017SenatePlaced on Calendar Order of 2nd Reading March 16, 2017
  3/17/2017SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
  3/29/2017SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Michael E. Hastings
  3/29/2017SenateSenate Floor Amendment No. 3 Referred to Assignments
  3/31/2017SenateAdded as Chief Co-Sponsor Sen. Omar Aquino
  4/3/2017SenateAdded as Co-Sponsor Sen. Bill Cunningham
  4/4/2017SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  4/5/2017SenateAdded as Co-Sponsor Sen. Daniel Biss
  4/6/2017SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 008-003-000
  4/13/2017SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  4/19/2017SenateAdded as Chief Co-Sponsor Sen. Ira I. Silverstein
  4/20/2017SenateAdded as Co-Sponsor Sen. Steven M. Landek
  4/21/2017SenateAdded as Co-Sponsor Sen. Julie A. Morrison
  4/21/2017SenateAdded as Co-Sponsor Sen. Linda Holmes
  4/24/2017SenateAdded as Co-Sponsor Sen. Kwame Raoul
  4/25/2017SenateAdded as Co-Sponsor Sen. Jacqueline Y. Collins
  4/25/2017SenateAdded as Co-Sponsor Sen. Cristina Castro
  4/26/2017SenateSponsor Removed Sen. Steven M. Landek
  4/28/2017SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Michael E. Hastings
  4/28/2017SenateSenate Floor Amendment No. 4 Referred to Assignments
  4/28/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  5/2/2017SenateAdded as Co-Sponsor Sen. Thomas Cullerton
  5/2/2017SenateSenate Floor Amendment No. 4 Assignments Refers to Judiciary
  5/2/2017SenateSecond Reading
  5/2/2017SenateSenate Floor Amendment No. 3 Adopted; Hastings
  5/2/2017SenatePlaced on Calendar Order of 3rd Reading May 3, 2017
  5/2/2017SenateAdded as Co-Sponsor Sen. Emil Jones, III
  5/3/2017SenateSenate Floor Amendment No. 4 Recommend Do Adopt Judiciary; 007-004-000
  5/3/2017SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  5/3/2017SenateAdded as Co-Sponsor Sen. Patricia Van Pelt
  5/3/2017SenateAdded as Co-Sponsor Sen. David Koehler
  5/3/2017SenateAdded as Co-Sponsor Sen. Melinda Bush
  5/3/2017SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  5/3/2017SenateAdded as Co-Sponsor Sen. Donne E. Trotter
  5/4/2017SenateAdded as Co-Sponsor Sen. Scott M. Bennett
  5/4/2017SenateRecalled to Second Reading
  5/4/2017SenateSenate Floor Amendment No. 4 Adopted; Hastings
  5/4/2017SenatePlaced on Calendar Order of 3rd Reading
  5/4/2017SenateVerified
  5/4/2017SenateThird Reading - Passed; 031-021-001
  5/5/2017HouseArrived in House
  5/5/2017HouseChief House Sponsor Rep. Arthur Turner
  5/9/2017HouseFirst Reading
  5/9/2017HouseReferred to Rules Committee
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Jay Hoffman
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Natalie A. Manley
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. John C. D'Amico
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Carol Sente
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Deb Conroy
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Anna Moeller
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Laura Fine
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Justin Slaughter
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Litesa E. Wallace
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Daniel V. Beiser
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Robert Martwick
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Juliana Stratton
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Lawrence Walsh, Jr.
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Daniel J. Burke
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Luis Arroyo
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. La Shawn K. Ford
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Michelle Mussman
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Frances Ann Hurley
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Theresa Mah
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Michael Halpin
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Katie Stuart
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Ann M. Williams
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Sam Yingling
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Carol Ammons
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Sonya M. Harper
  5/10/2017HouseAdded Alternate Chief Co-Sponsor Rep. Martin J. Moylan
  5/10/2017HouseAdded Alternate Chief Co-Sponsor Rep. Stephanie A. Kifowit
  5/10/2017HouseAdded Alternate Chief Co-Sponsor Rep. Mary E. Flowers
  5/10/2017HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Hernandez
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Kelly M. Burke
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Sara Feigenholtz
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. LaToya Greenwood
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Elgie R. Sims, Jr.
  5/10/2017HouseAdded Alternate Co-Sponsor Rep. Gregory Harris
  5/15/2017HouseAdded Alternate Co-Sponsor Rep. Kathleen Willis
  5/15/2017HouseAssigned to Consumer Protection Committee
  5/15/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Arthur Turner
  5/15/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/16/2017HouseHouse Committee Amendment No. 1 Rules Refers to Consumer Protection Committee
  5/19/2017HouseCommittee Deadline Extended-Rule 9(b) May 26, 2017
  5/19/2017HouseHouse Committee Amendment No. 1 Committee Deadline Extended-Rule 9(b) May 26, 2017
  5/25/2017HouseHouse Committee Amendment No. 1 Adopted in Consumer Protection Committee; by Voice Vote
  5/25/2017HouseDo Pass as Amended / Short Debate Consumer Protection Committee; 003-002-000
  5/25/2017HousePlaced on Calendar 2nd Reading - Short Debate
  5/25/2017HouseAlternate Co-Sponsor Removed Rep. Cynthia Soto
  5/25/2017HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Tom Demmer
  5/25/2017HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Tom Demmer
  5/25/2017HouseAlternate Co-Sponsor Removed Rep. Sam Yingling
  5/25/2017HouseSecond Reading - Short Debate
  5/25/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  5/26/2017HouseFinal Action Deadline Extended-9(b) May 31, 2017
  5/26/2017HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  5/29/2017HouseSecond Reading - Short Debate
  5/29/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  5/29/2017HouseHouse Committee Amendment No. 1 Note / Motion Filed - Note Act Does Not Apply Rep. Arthur Turner
  5/29/2017HouseHouse Committee Amendment No. 1 Motion Prevailed 063-048-001
  5/29/2017HouseState Mandates Fiscal Note Request is Inapplicable
  5/29/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/29/2017HouseRemoved from Short Debate Status
  5/29/2017HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  5/29/2017HousePlaced on Calendar - Consideration Postponed
  5/29/2017HouseThird Reading - Consideration Postponed
  5/29/2017HouseAlternate Co-Sponsor Removed Rep. Rita Mayfield
  5/31/2017HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  5/31/2017HouseFinal Action Deadline Extended-9(b) June 30, 2017
  6/30/2017HouseAlternate Co-Sponsor Removed Rep. Robert Martwick
  6/30/2017HouseFinal Action Deadline Extended-9(b) July 7, 2017
  7/6/2017HouseRule 19(a) / Re-referred to Rules Committee

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