Illinois General Assembly - Full Text of HB0487
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Full Text of HB0487  94th General Assembly

HB0487ham001 94TH GENERAL ASSEMBLY

State Government Administration Committee

Filed: 2/9/2005

 

 


 

 


 
09400HB0487ham001 LRB094 06000 DRH 39378 a

1
AMENDMENT TO HOUSE BILL 487

2     AMENDMENT NO. ______. Amend House Bill 487 on page 1, line
3 1, by replacing "transportation" with "identification"; and
 
4 on page 1, below line 3, by inserting the following:
 
5     "Section 3. The Illinois Identification Card Act is amended
6 by adding Section 14D as follows:
 
7     (15 ILCS 335/14D new)
8     Sec. 14D. Limitations on use of identification card
9 information.
10     (a) When information is obtained from an identification
11 card issued by the Secretary of State to identify or prove the
12 age of the holder of the card, or in the course of a commercial
13 transaction, that information may be used only for purposes of
14 identification of the individual or for completing the
15 commercial transaction in which the information was obtained.
16 Information obtained from an identification card issued by the
17 Secretary of State may not be used for purposes unrelated to
18 the transaction in which it was obtained, including, but not
19 limited to, commercial solicitations. Information obtained
20 from an identification card issued by the Secretary of State to
21 identify or prove the age of the holder of the card, or in the
22 course of a commercial transaction, may not be sold, leased or
23 otherwise provided to any third party.

 

 

09400HB0487ham001 - 2 - LRB094 06000 DRH 39378 a

1     (b) As used in this Section, "information" on an
2 identification card issued by the Secretary of State includes
3 readable text on the face of the card and information encoded
4 or encrypted into a bar code, magnetic strip, or other
5 electronically readable device on or in the card.
6     (c) Any individual whose identification card information
7 has been used in violation of this Section has a cause of
8 action against the person who violated this Section. Upon a
9 finding that a violation did occur, the individual whose
10 information was used in violation of this Section is entitled
11 to recover actual damages, but not less than liquidated damages
12 in the amount of $250 for each violation, plus attorney's fees
13 and the costs of bringing the action.
14     (d) Use of information contained on an identification card
15 issued by the Secretary of State is not a violation of this
16 Section if the individual whose information has been used gave
17 express permission for that use, or if the information relating
18 to the individual was obtained from a source other than the
19 individual's identification card issued by the Secretary of
20 State.
21     (e) This Section does not apply to any agency of the United
22 States or to the State of Illinois or any of its political
23 subdivisions."; and
 
24 on page 1, line 26, by replacing "$250 for" with "actual
25 damages, but not less than liquidated damages in the amount of
26 $250 for".