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 Bill Status of HB3449  100th General Assembly


Short Description:  GEOLOCATION PRIVACY PROTECTION

House Sponsors
Rep. Ann M. Williams - Arthur Turner - Carol Ammons - Jerry Costello, II - Carol Sente, Deb Conroy, Kelly M. Cassidy, Laura Fine, Litesa E. Wallace, Melissa Conyears-Ervin, Theresa Mah, Juliana Stratton, Jaime M. Andrade, Jr., La Shawn K. Ford, Emanuel Chris Welch, Robert Martwick, Anna Moeller, Sara Feigenholtz, Elaine Nekritz, Robert Rita, Linda Chapa LaVia, Elizabeth Hernandez, Kathleen Willis, Stephanie A. Kifowit, Barbara Flynn Currie, Sue Scherer, Sam Yingling, Cynthia Soto and Camille Y. Lilly

Last Action
DateChamber Action
  4/27/2017HouseThird Reading - Short Debate - Passed 069-042-001

Statutes Amended In Order of Appearance
New Act
815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z


Synopsis As Introduced
Creates the Geolocation Privacy Protection Act. Defines "geolocation information", "location-based application", and "private entity". Provides that a private entity may not collect, use, store, or disclose geolocation information from a location-based application on a person's device unless the private entity first receives the person's affirmative express consent after complying with specified notice requirements. Provides exceptions. Provides that a person whose rights are violated may recover: (1) liquidated damages of $1,000 or actual damages, whichever is greater; (2) reasonable attorney's fees and costs; and (3) other relief, including an injunction, as the court may deem appropriate. Provides that authority to seek remedies and impose penalties granted to the Attorney General under the Consumer Fraud and Deceptive Business Practices Act is also granted to the Attorney General for the enforcement of the Geolocation Privacy Protection Act. Provides that in any action brought by the Attorney General to enforce the Act, the court may order that persons who incurred actual damages be awarded 3 times the amount at which actual damages are assessed. Provides that a violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that the provisions of the Act may not be waived. Contains applicability language. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.

House Floor Amendment No. 2
Provides that "geolocation information" means, inter alia, information that is sufficient to determine or infer the precise location, rather than merely the location of a device. Provides that a private entity need not obtain a person's affirmative consent after that person's initial consent unless the terms previously agreed upon have been materially changed. Removes the private right of action and provides that a violation is also a violation of the Consumer Fraud and Deceptive Business Practices Act. Provides that only a State's Attorney or the Attorney General may enforce violations of the Consumer Fraud and Deceptive Business Practices Act. Provides that the Geolocation Privacy Protection Act does not apply to Internet, wireless, or telecommunications service providers; cable or video service providers under Article XXI of the Public Utilities Act; or a person licensed as a private detective pursuant to the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Removes the immediate effective date.

Actions 
DateChamber Action
  2/10/2017HouseFiled with the Clerk by Rep. Ann M. Williams
  2/10/2017HouseFirst Reading
  2/10/2017HouseReferred to Rules Committee
  2/22/2017HouseAssigned to Cybersecurity, Data Analytics, & IT Committee
  3/24/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Ann M. Williams
  3/24/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/27/2017HouseHouse Committee Amendment No. 1 Rules Refers to Cybersecurity, Data Analytics, & IT Committee
  3/30/2017HouseDo Pass / Short Debate Cybersecurity, Data Analytics, & IT Committee; 006-004-000
  3/30/2017HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/30/2017HousePlaced on Calendar 2nd Reading - Short Debate
  3/30/2017HouseAdded Chief Co-Sponsor Rep. Arthur Turner
  3/30/2017HouseAdded Co-Sponsor Rep. Deb Conroy
  3/30/2017HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/30/2017HouseAdded Co-Sponsor Rep. Laura Fine
  3/30/2017HouseAdded Co-Sponsor Rep. Litesa E. Wallace
  3/30/2017HouseAdded Co-Sponsor Rep. Melissa Conyears-Ervin
  3/30/2017HouseAdded Co-Sponsor Rep. Theresa Mah
  3/30/2017HouseAdded Co-Sponsor Rep. Juliana Stratton
  3/30/2017HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  3/30/2017HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  3/30/2017HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  3/30/2017HouseAdded Co-Sponsor Rep. Robert Martwick
  3/30/2017HouseAdded Co-Sponsor Rep. Anna Moeller
  3/30/2017HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  3/30/2017HouseAdded Co-Sponsor Rep. Elaine Nekritz
  3/30/2017HouseAdded Co-Sponsor Rep. Robert Rita
  3/30/2017HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/30/2017HouseAdded Chief Co-Sponsor Rep. Carol Sente
  3/30/2017HouseAdded Chief Co-Sponsor Rep. Carol Ammons
  3/30/2017HouseAdded Chief Co-Sponsor Rep. Jerry Costello, II
  3/30/2017HouseChief Co-Sponsor Changed to Rep. Carol Sente
  3/30/2017HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/30/2017HouseAdded Co-Sponsor Rep. Kathleen Willis
  3/30/2017HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  3/30/2017HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  3/30/2017HouseAdded Co-Sponsor Rep. Sue Scherer
  4/4/2017HouseAdded Co-Sponsor Rep. Sam Yingling
  4/25/2017HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Ann M. Williams
  4/25/2017HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/25/2017HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/26/2017HouseHouse Floor Amendment No. 2 Rules Refers to Cybersecurity, Data Analytics, & IT Committee
  4/26/2017HouseSecond Reading - Short Debate
  4/26/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  4/27/2017HouseHouse Floor Amendment No. 2 Recommends Be Adopted Cybersecurity, Data Analytics, & IT Committee; 006-002-001
  4/27/2017HouseHouse Floor Amendment No. 2 Adopted
  4/27/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/27/2017HouseThird Reading - Short Debate - Passed 069-042-001
  4/27/2017HouseAdded Co-Sponsor Rep. Camille Y. Lilly

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