Illinois General Assembly - Bill Status for HB4449
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 Bill Status of HB4449  102nd General Assembly


Short Description:  CONSUMER FRAUD-SECURITY BREACH

House Sponsors
Rep. Thomas Holbrook - Daniel V. Beiser - Jay C. Hoffman - Ron Stephens - Dan Reitz, Brandon W. Phelps, Sandra M. Pihos, Ruth Munson, Jack McGuire, Patrick J Verschoore, Michael K. Smith and Naomi D. Jakobsson

Senate Sponsors
(Sen. William R. Haine - James F. Clayborne, Jr. - Dave Syverson and Cheryl Axley)

Last Action
DateChamber Action
  6/27/2006HousePublic Act . . . . . . . . . 94-0947

Statutes Amended In Order of Appearance
815 ILCS 530/25 new
815 ILCS 530/30 new


Synopsis As Introduced
Amends the Personal Information Protection Act. Provides that any State agency that collects personal data and has had a breach of security of the system data or written material shall submit an annual report to the General Assembly listing the breaches and outlining any corrective measures that have been taken to prevent future breaches of the security of the system data or written material. Provides that any State agency that collects personal data that is no longer needed or stored at the agency shall dispose of the personal data or written material it has collected in such a manner as to ensure the security and confidentiality of the material. Effective immediately.

House Committee Amendment No. 1
Adds reference to:
815 ILCS 530/10
815 ILCS 530/12 new

Replaces everything after the enacting clause. Reinserts the provisions of the original bill with the following changes. Further amends the Personal Information Protection Act. Provides that the notice of the breach of the security of the system data shall be provided at no charge. Provides for notice requirements for State agencies that have a breach of security of the system data or written material. Provides that, in addition to the annual report, any State agency that collects personal data and has had a breach of security of the system data or written material shall submit a report to the General Assembly within 5 business days of the discovery or notification of the breach. Provides that, if a State agency is required to notify more than 1,000 persons of a breach of security, the State agency shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis of the timing, distribution, and content of the notices. Effective immediately.

 Fiscal Note (H-AM 1) (Dept. of Central Management Services)
 CMS anticipates that, for an average year, the fiscal impact of HB 4449, HA #1 would be minimal, less than $10,000.

House Floor Amendment No. 2
Permits the notification requirements concerning notice of breach of the security of the system data to be delayed upon a request by law enforcement if a law enforcement agency determines that the notification will impede a criminal investigation. Provides that the notification time period shall commence after the data collector receives notice from the law enforcement agency that the notification will not compromise the investigation.

Senate Floor Amendment No. 1
Provides that the notification of breach of security of the system data may be delayed if an appropriate law enforcement agency determines that the notification will interfere with a criminal investigation and provides the data collector with a written request for the delay. Requires the data collector to notify the Illinois resident as soon as the notification will no longer interfere with the investigation.

Actions 
DateChamber Action
  1/9/2006HouseFiled with the Clerk by Rep. Thomas Holbrook
  1/10/2006HouseFirst Reading
  1/10/2006HouseReferred to Rules Committee
  1/18/2006HouseAssigned to State Government Administration Committee
  1/25/2006HouseAdded Chief Co-Sponsor Rep. Daniel V. Beiser
  1/25/2006HouseAdded Chief Co-Sponsor Rep. Jay C. Hoffman
  1/25/2006HouseAdded Chief Co-Sponsor Rep. Ron Stephens
  1/25/2006HouseAdded Chief Co-Sponsor Rep. Dan Reitz
  1/25/2006HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  1/25/2006HouseHouse Committee Amendment No. 1 Filed with Clerk by State Government Administration Committee
  1/25/2006HouseHouse Committee Amendment No. 1 Adopted in State Government Administration Committee; by Voice Vote
  1/25/2006HouseDo Pass as Amended / Short Debate State Government Administration Committee; 007-000-000
  1/25/2006HousePlaced on Calendar 2nd Reading - Short Debate
  1/26/2006HouseSecond Reading - Short Debate
  1/26/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  1/26/2006HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  1/26/2006HouseAdded Co-Sponsor Rep. Ruth Munson
  1/31/2006HouseRecalled to Second Reading - Short Debate
  1/31/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  2/1/2006HouseFiscal Note Filed As Amended by HA 1
  2/1/2006HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Thomas Holbrook
  2/1/2006HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  2/14/2006HouseHouse Floor Amendment No. 2 Rules Refers to State Government Administration Committee
  2/15/2006HouseHouse Floor Amendment No. 2 Recommends Be Adopted State Government Administration Committee; 009-000-000
  2/16/2006HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  2/16/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/16/2006HouseAdded Co-Sponsor Rep. Jack McGuire
  2/16/2006HouseAdded Co-Sponsor Rep. Patrick J Verschoore
  2/16/2006HouseAdded Co-Sponsor Rep. Michael K. Smith
  2/16/2006HouseThird Reading - Short Debate - Passed 114-000-000
  2/22/2006SenateArrive in Senate
  2/22/2006SenatePlaced on Calendar Order of First Reading
  2/22/2006SenateChief Senate Sponsor Sen. William R. Haine
  2/22/2006SenateAdded as Alternate Chief Co-Sponsor Sen. James F. Clayborne, Jr.
  2/22/2006SenateFirst Reading
  2/22/2006SenateReferred to Rules
  3/1/2006HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  3/1/2006SenateAssigned to Executive
  3/16/2006SenateDo Pass Executive; 009-000-000
  3/16/2006SenatePlaced on Calendar Order of 2nd Reading March 22, 2006
  3/16/2006SenateAdded as Alternate Co-Sponsor Sen. Cheryl Axley
  3/16/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Dave Syverson
  3/22/2006SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  3/22/2006SenateSenate Floor Amendment No. 1 Referred to Rules
  3/24/2006SenateSecond Reading
  3/24/2006SenatePlaced on Calendar Order of 3rd Reading March 27, 2006
  3/28/2006SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Dave Syverson; -Axley
  3/28/2006SenateSenate Floor Amendment No. 2 Referred to Rules
  3/29/2006SenateSenate Floor Amendment No. 1 Rules Refers to Executive
  3/29/2006SenateSenate Floor Amendment No. 1 Recommend Do Adopt Executive; 009-000-000
  3/30/2006SenateRecalled to Second Reading
  3/30/2006SenateSenate Floor Amendment No. 1 Adopted; Haine
  3/30/2006SenatePlaced on Calendar Order of 3rd Reading
  3/30/2006SenateThird Reading - Passed; 057-000-000
  3/30/2006SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  3/30/2006HouseArrived in House
  3/30/2006HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  4/3/2006HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Thomas Holbrook
  4/3/2006HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  4/4/2006HouseSenate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  4/4/2006HouseSenate Floor Amendment No. 1 House Concurs 113-000-000
  4/4/2006HousePassed Both Houses
  5/3/2006HouseSent to the Governor
  6/27/2006HouseGovernor Approved
  6/27/2006HouseEffective Date June 27, 2006
  6/27/2006HousePublic Act . . . . . . . . . 94-0947

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