Illinois General Assembly - Full Text of HB3513
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Full Text of HB3513  97th General Assembly


Rep. Sandra M. Pihos

Filed: 3/17/2011





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2    AMENDMENT NO. ______. Amend House Bill 3513 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by changing Section 2RR as follows:
6    (815 ILCS 505/2RR)
7    Sec. 2RR. Use of Social Security numbers.
8    (a) Except as otherwise provided in this Section, a person
9may not do any of the following:
10        (1) Publicly post or publicly display in any manner an
11    individual's social security number. As used in this
12    Section, "publicly post" or "publicly display" means to
13    intentionally communicate or otherwise make available to
14    the general public.
15        (2) Print an individual's social security number on any
16    card required for the individual to access products or



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1    services provided by the person or entity, or on a
2    wristband or on the outside of any file associated with the
3    products or services provided by the person or entity;
4    however, a person or entity that provides an insurance card
5    must print on the card an identification number unique to
6    the holder of the card in the format prescribed by Section
7    15 of the Uniform Prescription Drug Information Card Act.
8        (3) Require an individual to transmit his or her social
9    security number over the Internet, unless the connection is
10    secure or the social security number is encrypted.
11        (4) Require an individual to use his or her social
12    security number to access an Internet web site, unless a
13    password or unique personal identification number or other
14    authentication device is also required to access the
15    Internet Web site.
16        (5) Print an individual's social security number on any
17    materials that are mailed to the individual, unless State
18    or federal law requires the social security number to be on
19    the document to be mailed. Notwithstanding any provision in
20    this Section to the contrary, social security numbers may
21    be included in applications and forms sent by mail,
22    including documents sent as part of an application or
23    enrollment process or to establish, amend, or terminate an
24    account, contract, or policy or to confirm the accuracy of
25    the social security number. A social security number that
26    may permissibly be mailed under this Section may not be



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1    printed, in whole or in part, on a postcard or other mailer
2    that does not require an envelope or be visible on an
3    envelope or visible without the envelope having been
4    opened.
5    (b) A person that used, before July 1, 2005, an
6individual's social security number in a manner inconsistent
7with subsection (a) may continue using that individual's social
8security number in the same manner on or after July 1, 2005 if
9all of the following conditions are met:
10        (1) The use of the social security number is
11    continuous. If the use is stopped for any reason,
12    subsection (a) shall apply.
13        (2) The individual is provided an annual disclosure
14    that informs the individual that he or she has the right to
15    stop the use of his or her social security number in a
16    manner prohibited by subsection (a).
17    A written request by an individual to stop the use of his
18or her social security number in a manner prohibited by
19subsection (a) shall be implemented within 30 days of the
20receipt of the request. There shall be no fee or charge for
21implementing the request. A person shall not deny services to
22an individual because the individual makes such a written
24    (c) This Section does not apply to the collection, use, or
25release of a social security number as required by State or
26federal law or the use of a social security number for internal



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1verification or administrative purposes. This Section does not
2apply to the collection, use, or release of a social security
3number by the State, a subdivision of the State, or an
4individual in the employ of the State or a subdivision of the
5State in connection with his or her official duties.
6    (d) This Section does not apply to documents that are
7recorded or required to be open to the public under State or
8federal law, applicable case law, Supreme Court Rule, or the
9Constitution of the State of Illinois.
10    (e) If a federal law takes effect requiring the United
11States Department of Health and Human Services to establish a
12national unique patient health identifier program, any person
13who complies with the federal law shall be deemed to be in
14compliance with this Section.
15    (f) A person may not encode or embed a social security
16number in or on a card or document, including, but not limited
17to, using a bar code, chip, magnetic strip, or other
18technology, in place of removing the social security number as
19required by this Section.
20    (g) Any person who violates this Section commits an
21unlawful practice within the meaning of this Act.
22(Source: P.A. 95-331, eff. 8-21-07.)".