Bill Status of SB2310  103rd General Assembly


Short Description:  CONSUMER FRAUD-CREDIT REPORT

Senate Sponsors
Sen. John J. Cullerton - Jacqueline Y. Collins - Don Harmon - Mattie Hunter, Antonio Munoz, Ira I. Silverstein, Gary Forby, William R. Haine, Iris Y. Martinez, Louis S. Viverito, James A. DeLeo, Martin A. Sandoval, Kimberly A. Lightford, M. Maggie Crotty, Miguel del Valle, Pamela J. Althoff, Cheryl Axley, Dale E. Risinger and Dale A. Righter

House Sponsors
(Rep. Marlow H. Colvin - Charles E. Jefferson - Elizabeth Coulson - Larry McKeon - Karen A. Yarbrough, Donald L. Moffitt, John D'Amico, Sara Feigenholtz, Patrick J Verschoore, Jack McGuire, Esther Golar, Thomas Holbrook, Eddie Washington, Constance A. Howard, Calvin L. Giles, Monique D. Davis, Mary E. Flowers, Patricia Reid Lindner, Michael K. Smith, Deborah L. Graham, Robin Kelly, John E. Bradley, Robert Rita, Cynthia Soto, Elaine Nekritz, Jack D. Franks, Daniel V. Beiser, Lisa M. Dugan, Naomi D. Jakobsson, Brandon W. Phelps, Robert F. Flider, Careen M Gordon, Ruth Munson and Rosemary Mulligan)

Last Action
DateChamber Action
  5/24/2006SenatePublic Act . . . . . . . . . 94-0799

Statutes Amended In Order of Appearance
815 ILCS 505/2MM


Synopsis As Introduced
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person who uses a consumer credit report in connection with the approval of credit based on the application for an extension of credit, and who has received notification of a police report filed with a consumer credit reporting agency that the applicant has been a victim of aggravated identity theft, may not lend money or extend credit without taking reasonable steps to verify the consumer's identity and confirm that the application for an extension of credit is not the result of financial identity theft or aggravated identity theft. Adds that a consumer may place a security freeze on his or her credit report by making a request directly to the consumer credit reporting agency through a secure electronic mail connection, if an electronic mail connection is provided by the consumer credit reporting agency. Provides that a consumer credit reporting agency shall not charge a fee for placing, removing, or removing for a specific party or period of time a security freeze on a credit report, if the consumer submits to the credit reporting agency a valid copy of a police report, investigative report, or complaint that the consumer has filed with a law enforcement agency about the unlawful use of his or her personal information by another person. Allows the credit reporting agency to charge a fee of not more than $10 to a consumer for each security freeze or temporary lift of a security freeze for a specific party and a fee of not more than $8 for removal of a security freeze or temporary lift of a security freeze for a period of time. Provides that the consumer credit reporting agency shall send a written confirmation of the security freeze to the consumer within 5 (instead of 10) business days of placing the freeze on the account. Requires the Director of the Division of Financial Institutions in the Department of Financial and Professional Regulation to promulgate rules necessary to allow the use of electronic media to receive and process a request from a consumer to temporarily lift a security freeze as quickly as possible, with the goal of processing a request within 15 minutes of that request. Defines "consumer", "consumer credit reporting agency", "credit report", "Director", and "security freeze". Changes references from "credit reporting agency" to "consumer credit reporting agency". Effective January 1, 2007.

Senate Committee Amendment No. 2
Replaces everything after the enacting clause. Amends the Consumer Fraud and Deceptive Business Practices Act. Makes a technical change to the Section concerning the verification of accuracy of credit reporting information used to extend credit and security freezes on credit reports for identity theft victims.

Senate Floor Amendment No. 3
Replaces everything after the enacting clause. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer (instead of a consumer who has been the victim of identity theft) may request that a security freeze be placed on his or her credit report by sending a request in writing by certified mail to a consumer reporting agency at an address designated by the consumer reporting agency to receive such requests. Authorizes a consumer credit reporting agency to charge a fee for placing a security freeze on a consumer's credit report of no more than $10 for each freeze, removal, or temporary lift of the freeze, except that a consumer reporting agency may not charge a fee to (i) a consumer 65 years of age or over for placement and removal of a freeze and (ii) may not charge a victim of identity theft who has complied with the listed requirements. Sets out what information must be provided for a contact method by a consumer reporting agency. Provides that the listed consumer credit reporting requirements do not apply to any person using the information in connection with the underwriting of insurance. Defines "credit report", "consumer reporting agency", and "security freeze". Makes other changes.

 Fiscal Note (Office of the Attorney General)
 Fiscal impact: No Impact.

Actions 
DateChamber Action
  1/12/2006SenateFiled with Secretary by Sen. John J. Cullerton
  1/12/2006SenateFirst Reading
  1/12/2006SenateReferred to Rules
  1/19/2006SenateAssigned to Executive
  1/31/2006SenateAdded as Co-Sponsor Sen. Antonio Munoz
  2/2/2006SenateAdded as Co-Sponsor Sen. Ira I. Silverstein
  2/3/2006SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
  2/3/2006SenateSenate Committee Amendment No. 1 Referred to Rules
  2/7/2006SenateSenate Committee Amendment No. 1 Rules Refers to Executive
  2/8/2006SenateSenate Committee Amendment No. 1 Held in Executive
  2/8/2006SenateHeld in Executive
  2/10/2006SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
  2/10/2006SenateSenate Committee Amendment No. 2 Referred to Rules
  2/14/2006SenateSenate Committee Amendment No. 2 Rules Refers to Executive
  2/15/2006SenateSenate Committee Amendment No. 1 Held in Executive
  2/15/2006SenateSenate Committee Amendment No. 2 Adopted
  2/15/2006SenateDo Pass as Amended Executive; 010-000-000
  2/15/2006SenatePlaced on Calendar Order of 2nd Reading February 16, 2006
  2/16/2006SenateSecond Reading
  2/16/2006SenatePlaced on Calendar Order of 3rd Reading February 22, 2006
  2/17/2006SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Rules
  3/2/2006SenateRule 2-10 Third Reading Deadline Extended to January 9, 2007
  3/8/2006SenateAdded as Co-Sponsor Sen. Gary Forby
  3/8/2006SenateAdded as Co-Sponsor Sen. William R. Haine
  3/8/2006SenateAdded as Co-Sponsor Sen. Iris Y. Martinez
  3/8/2006SenateAdded as Co-Sponsor Sen. Louis S. Viverito
  3/8/2006SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/8/2006SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  3/8/2006SenateAdded as Co-Sponsor Sen. James A. DeLeo
  3/8/2006SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  3/8/2006SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  3/8/2006SenateAdded as Co-Sponsor Sen. M. Maggie Crotty
  3/9/2006SenateAdded as Co-Sponsor Sen. Miguel del Valle
  3/9/2006SenateAdded as Co-Sponsor Sen. Pamela J. Althoff
  3/14/2006SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton
  3/14/2006SenateSenate Floor Amendment No. 3 Referred to Rules
  3/15/2006SenateSenate Floor Amendment No. 3 Rules Refers to Executive
  3/16/2006SenateSenate Floor Amendment No. 3 Recommend Do Adopt Executive; 012-000-000
  3/16/2006SenateAdded as Co-Sponsor Sen. Cheryl Axley
  3/16/2006SenateAdded as Co-Sponsor Sen. Dale E. Risinger
  4/4/2006SenateAdded as Co-Sponsor Sen. Dale A. Righter
  4/4/2006SenateRecalled to Second Reading
  4/4/2006SenateSenate Floor Amendment No. 3 Adopted; Cullerton
  4/4/2006SenatePlaced on Calendar Order of 3rd Reading
  4/4/2006SenateThird Reading - Passed; 058-000-000
  4/4/2006SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  4/4/2006HouseArrived in House
  4/4/2006HousePlaced on Calendar Order of First Reading
  4/5/2006HouseChief House Sponsor Rep. Marlow H. Colvin
  4/5/2006HouseAdded Alternate Chief Co-Sponsor Rep. Charles E. Jefferson
  4/5/2006HouseAdded Alternate Chief Co-Sponsor Rep. Sara Feigenholtz
  4/5/2006HouseAdded Alternate Chief Co-Sponsor Rep. Patrick J Verschoore
  4/5/2006HouseAdded Alternate Chief Co-Sponsor Rep. Jack McGuire
  4/5/2006HouseFirst Reading
  4/5/2006HouseReferred to Rules Committee
  4/5/2006SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  4/6/2006HouseAdded Alternate Co-Sponsor Rep. Donald L. Moffitt
  4/6/2006HouseAdded Alternate Co-Sponsor Rep. John D'Amico
  4/7/2006HouseAlternate Chief Co-Sponsor Removed Rep. Sara Feigenholtz
  4/7/2006HouseAlternate Chief Co-Sponsor Removed Rep. Patrick J Verschoore
  4/7/2006HouseAlternate Chief Co-Sponsor Removed Rep. Jack McGuire
  4/7/2006HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Coulson
  4/7/2006HouseAdded Alternate Chief Co-Sponsor Rep. Larry McKeon
  4/7/2006HouseAdded Alternate Chief Co-Sponsor Rep. Karen A. Yarbrough
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Sara Feigenholtz
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Patrick J Verschoore
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Jack McGuire
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Esther Golar
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Thomas Holbrook
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Eddie Washington
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Constance A. Howard
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Calvin L. Giles
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Monique D. Davis
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Patricia Reid Lindner
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Michael K. Smith
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Deborah L. Graham
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Robin Kelly
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. John E. Bradley
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Elaine Nekritz
  4/7/2006HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  4/10/2006HouseFinal Action Deadline Extended-9(b) April 13, 2006
  4/10/2006HouseAssigned to Consumer Protection Committee
  4/13/2006HouseFinal Action Deadline Extended-9(b) April 30, 2006
  4/18/2006HouseAdded Alternate Co-Sponsor Rep. Daniel V. Beiser
  4/18/2006HouseAdded Alternate Co-Sponsor Rep. Lisa M. Dugan
  4/18/2006HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  4/18/2006HouseAdded Alternate Co-Sponsor Rep. Brandon W. Phelps
  4/18/2006HouseAdded Alternate Co-Sponsor Rep. Robert F. Flider
  4/18/2006HouseAdded Alternate Co-Sponsor Rep. Careen M Gordon
  4/18/2006HouseDo Pass / Short Debate Consumer Protection Committee; 007-000-000
  4/18/2006HousePlaced on Calendar 2nd Reading - Short Debate
  4/19/2006HouseSecond Reading - Short Debate
  4/19/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/20/2006HouseFiscal Note Filed
  4/25/2006HouseThird Reading - Short Debate - Passed 101-000-000
  4/25/2006SenatePassed Both Houses
  5/24/2006SenateSent to the Governor
  5/24/2006SenateGovernor Approved
  5/24/2006SenateEffective Date January 1, 2007
  5/24/2006SenatePublic Act . . . . . . . . . 94-0799