Illinois 93rd Regular Session Status: Enacted 1 D cosponsors

SB 404 — CHILDREN'S PRIVACY PROTECTION

Last action — Public Act . . . . . . . . . 93-0462

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2003. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    0 primary, 11 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Creates the Children's Privacy Protection and Parental Empowerment Act. Prohibits: the sale or purchase of personal information concerning children without parental consent; the processing of personal information concerning children by prisoners or convicted sex offenders; and the distribution or exchange of children's personal information that one has reason to believe will be used to harm or abuse a child. Provides that persons who broker, solicit, or facilitate the sale of personal information concerning children are required to disclose to parents, upon request, the source and content of personal information on file with regard to their children, and to disclose to parents, upon request, the names of persons or entities that have received or solicited personal information with regard to their children. Violation of this Act is a Class A misdemeanor.

Bill Text

What changed in the latest version

79 added · 69 removed

Plain-language change summary

The bill has been updated to redefine "child" as a person under the age of 16 instead of under 18, which narrows the age range it applies to. Additionally, the definition of "personal information" now specifies that it excludes any information not directly concerning a child, offering clearer protections related to children's privacy. These changes are important as they aim to enhance the protection of younger individuals’ personal data, ensuring that their sensitive information is handled carefully.

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SB404 Engrossed LRB093 09317 BDD 09550 b AN ACT concerning information about children.
SB404 Enrolled LRB093 09317 BDD 09550 b AN ACT concerning information about children.
"Child" means a person under the age of 18.
"Child" means a person under the age of 16.
"Child" does not include a minor emancipated by operation of law.
"Parent" means a parent, step-parent, or legal guardian.
(6) Any other information that can be used to identify a specific individual.
(6) Any other information that can be used to locate or contact a specific individual.
Personal information does not include public records as defined by Section 2 of the Freedom of Information Act.
"Personal information" does not include any of the following:
Section 10.
(1) Public records as defined by Section 2 of the Freedom of Information Act.
Prohibited acts.
(2) Court records.
The following acts are prohibited:
(3) Information found in publicly available sources, including newspapers, magazines, and telephone directories.
(a) the sale or purchase of personal information concerning a child without parental consent;
(4) Any other information that is not known to concern a child.
(b) the processing of personal information concerning a child by prisoners or convicted sex offenders;
SB404 Enrolled -2- LRB093 09317 BDD 09550 b Section 10.
and (c) the distribution or exchange of a child's personal information that one has reason to believe will be used to harm or abuse the child.
Prohibited act.
SB404 Engrossed -2- LRB093 09317 BDD 09550 b Section 15.
The sale or purchase of personal information concerning an individual known to be a child without parental consent is prohibited.
Information brokers and solicitors.
Section 15.
Persons who broker, solicit, or facilitate the sale of personal information concerning children are required:
Information brokers.
(a) To disclose to a parent, step-parent, or legal guardian, upon request, the source and content of personal information on file with regard to that person's child, step-child, or ward.
(a) For the purpose of this Act, the consent of a parent to the sale or purchase of information concerning a child is presumed unless the parent withdraws consent under this Section.
(b) To disclose to a parent, step-parent, or legal guardian, upon request, the names of persons or entities that have received or solicited personal information with regard to that person's child, step-child, or ward.
A person who brokers or facilitates the sale of personal information concerning children must, upon written request from a parent that specifically identifies the child, provide to the parent within 20 days of the written request procedures that the parent must follow in order to withdraw consent to use personal information relating to that child.
(c) Upon the request of a parent, step-parent, or legal guardian, to cease to broker, solicit, or facilitate the sale of personal information concerning that person's child, step-child, or ward.
The person who brokers or facilitates the sale of personal information must discontinue disclosing a child's personal information within 20 days after the parent has completed the procedures to withdraw consent to use personal information relating to that child.
(b) This Section does not apply to any of the following:
(1) Any federal, state, or local government agency or any law enforcement agency.
(2) The National Center for Missing and Exploited Children.
(3) Any educational institution, consortium, organization, or professional association, including but not limited to, public community colleges, public universities, post-secondary educational institutions as defined in the Private College Act, and private business and vocational schools as defined in the Private Business and Vocational Schools Act.
(4) Any not-for-profit entity that is exempt from the payment of federal taxes under Section 501(c)(3) of SB404 Enrolled -3- LRB093 09317 BDD 09550 b the Internal Revenue Code of 1986.
Section 90.
This Act, however, shall not be considered or construed to provide any private right of action.
The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:
Section 80.
(815 ILCS 505/2Z) (from Ch.
The School Code is amended by adding Section 1A-9 as follows:
121 1/2, par.
(105 ILCS 5/1A-9 new) _e_____________________h______________________e_____________ _____r______________________P_____________________a_____________ _____e_____________________d______________________d_____________ _____e_____________________g______________________a_____________ _____t_____________________n______________________r_____________ _____C_____________________P______________________l_____________ _____n______________________i_______________________p___________ _______r____________________C_____________________r_____________ _____t____________________
262Z) Sec.
2Z.
Violations of other Acts.
Any person who knowingly violates the Automotive Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the SB404 Engrossed -3- LRB093 09317 BDD 09550 b Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, t __________e_____________ _____c______________________E________________ subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, or paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code commits an unlawful practice within the meaning of this Act.
(Source:
P.A.
91-164, eff.
7-16-99;
91-230, eff.
1-1-00;
91-233, eff.
1-1-00;
91-810, eff.
Show all 43 changed rows (3 more)
Previous
Latest
6-13-00;
92-426, eff.
1-1-02.)
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Action History

  1. Public Act . . . . . . . . . 93-0462

  2. Effective Date January 1, 2004

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 2 Senate Concurs 058-000-001

  7. House Committee Amendment No. 1 Senate Concurs 058-000-001

  8. House Floor Amendment No. 2 Motion to Concur Be Approved for Consideration Judiciary; 010-000-000

  9. House Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Judiciary; 010-000-000

  10. House Floor Amendment No. 2 Motion to Concur Postponed Judiciary

  11. House Committee Amendment No. 1 Motion to Concur Postponed Judiciary

  12. House Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary

  13. House Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary

  14. Added Alternate Co-Sponsor Rep. Wyvetter H. Younge

  15. House Floor Amendment No. 2 Motion to Concur Referred to Rules

  16. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Jeffrey M. Schoenberg

  17. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  18. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Jeffrey M. Schoenberg

  19. Placed on Calendar Order of Concurrence House Amendment(s) 01,02 - May 23, 2003

  20. Secretary's Desk - Concurrence House Amendment(s) 01,02

  21. Third Reading - Short Debate - Passed 098-018-002

  22. Added Alternate Co-Sponsor Rep. Patricia Bailey

  23. Added Alternate Co-Sponsor Rep. Susana Mendoza

  24. Added Alternate Co-Sponsor Rep. Maria Antonia Berrios

  25. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  26. Added Alternate Co-Sponsor Rep. Jack D. Franks

  27. Added Alternate Co-Sponsor Rep. Robert F. Flider

  28. Added Alternate Chief Co-Sponsor Rep. Robin Kelly

  29. Placed on Calendar Order of 3rd Reading - Short Debate

  30. House Floor Amendment No. 2 Adopted by Voice Vote

  31. Second Reading - Short Debate

  32. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-002-000

  33. Committee/3rd Reading Deadline Extended-Rule 9(b); May 23, 2003

  34. House Floor Amendment No. 2 Referred to Rules Committee

  35. House Floor Amendment No. 2 Filed with Clerk by Rep. Elaine Nekritz

  36. Added Alternate Co-Sponsor Rep. Robert Rita

  37. Added Alternate Co-Sponsor Rep. Monique D. Davis

  38. Added Alternate Co-Sponsor Rep. Charles E. Jefferson

  39. Added Alternate Chief Co-Sponsor Rep. Deborah L. Graham

  40. Placed on Calendar 2nd Reading - Short Debate

  41. Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000

  42. House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote

  43. House Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee

  44. Added Alternate Chief Co-Sponsor Rep. Kathleen A. Ryg

  45. Added Alternate Chief Co-Sponsor Rep. Marlow H. Colvin

  46. Assigned to Judiciary II - Criminal Law Committee

  47. Referred to Rules Committee

  48. First Reading

  49. Chief House Sponsor Rep. Elaine Nekritz

  50. Arrived in House

  51. Third Reading - Passed; 058-000-000

  52. Placed on Calendar Order of 3rd Reading April 3, 2003

  53. Senate Floor Amendment No. 1 Adopted; Schoenberg

  54. Recalled to Second Reading

  55. Senate Floor Amendment No. 1 Be Approved for Consideration Judiciary; 010-000-000

  56. Senate Floor Amendment No. 1 Rules Refers to Judiciary

  57. Senate Floor Amendment No. 1 Referred to Rules

  58. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Jeffrey M. Schoenberg

  59. Placed on Calendar Order of 3rd Reading March 26, 2003

  60. Second Reading

  61. Placed on Calendar Order of 2nd Reading March 18, 2003

  62. Do Pass Judiciary; 010-000-000

  63. Added as Co-Sponsor Sen. Mattie Hunter

  64. Postponed - Judiciary

  65. Postponed - Judiciary

  66. Assigned to Judiciary

  67. Referred to Rules

  68. First Reading

  69. Filed with Secretary by Sen. Jeffrey M. Schoenberg

Sponsors

  • Jeffrey M. Schoenberg · Cosponsor
  • Charles E. Jefferson · Cosponsor
  • Monique D. Davis · Cosponsor
  • Robert "Bob" Rita · Cosponsor
  • Robert F. Flider · Cosponsor
  • Jack D. Franks · Cosponsor
  • Maria Antonia Berrios · Cosponsor
  • Susana Mendoza · Cosponsor
  • Patricia Bailey · Cosponsor
  • Wyvetter H. Younge · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 11 co-sponsors · 172 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (11)

  • Jeffrey M. Schoenberg
  • Charles E. Jefferson
  • Monique D. Davis
  • Robert "Bob" Rita Democrat
  • Robert F. Flider
  • Jack D. Franks
  • Maria Antonia Berrios
  • Susana Mendoza
  • Patricia Bailey
  • Wyvetter H. Younge
  • Chapa LaVia

Not signed on (172)

172 members have not signed on to this bill.

Show all 172 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 50001
Democrat 7000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Soden — Yea
Lauzen — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Halvorson — Yea
Link — Yea
Munoz — Yea
Obama — Yea
Peterson — Yea
Radogno — Yea
Sullivan, D. — Yea
Brady — Yea
Petka — Yea
Silverstein — Yea
Trotter — Yea
Jacobs — Yea
Jones, J. — Yea
Viverito — Yea
Jones, W. — Yea
Watson — Yea
Cullerton — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
DeLeo — Yea
Haine — Yea
Hendon — Yea
Winkel — Yea
Wojcik — Yea
Demuzio — Yea
Sullivan, J. — Not Voting
Maloney — Yea
Meeks — Yea
Woolard — Yea
Dillard — Yea
Garrett — Yea
Geo-Karis — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Concurrence, Amendment 2

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 50001
Democrat 7000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Soden — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Haine — Yea
Halvorson — Yea
Obama — Yea
Munoz — Yea
Lauzen — Yea
Link — Yea
Maloney — Yea
Sullivan, D. — Yea
Meeks — Yea
Brady — Yea
Petka — Yea
Radogno — Yea
Rauschenberger — Yea
Jacobs — Yea
Jones, J. — Yea
Schoenberg — Yea
Jones, W. — Yea
Shadid — Yea
Watson — Yea
Cullerton — Yea
Demuzio — Yea
Trotter — Yea
Sullivan, J. — Not Voting
Viverito — Yea
Winkel — Yea
Wojcik — Yea
Woolard — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Yea
Geo-Karis — Yea
Hendon — Yea
Peterson — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 98 Yea · 18 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 871702
Republican 2100
Democrat 9000
Total 981802
% of votes cast 83%15%0%2%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Sommer — Nay
Soto — Yea
Younge — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Biggins — Nay
Black — Nay
Boland — Yea
May — Yea
Bost — Nay
Brauer — Yea
Churchill — Nay
Colvin — Yea
Cross — Yea
Cultra — Nay
Currie — Yea
Daniels — Yea
Dunn — Nay
Fritchey — Not Voting
Hassert — Yea
Holbrook — Yea
Hultgren — Nay
Kosel — Nay
Krause — Yea
Kurtz — Nay
Lang — Yea
Leitch — Nay
Madigan — Yea
Molaro — Yea
Morrow — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
O'Brien — Yea
Osmond — Yea
Pankau — Yea
Pihos — Nay
Tenhouse — Nay
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Wirsing — Nay
Yarbrough — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Mitchell, Jerry — Yea
Howard — Yea
Watson — Yea
Jones — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Lyons, Eileen — Nay
Sullivan — Nay
Brady — Not Voting
Brosnahan — Yea
Capparelli — Yea
McAuliffe — Yea
Moffitt — Yea
Coulson — Yea
Eddy — Nay
Munson — Yea
Jakobsson — Yea
Jefferson — Yea
Novak — Yea
Osterman — Yea
Lindner — Yea
Mathias — Yea
Mautino — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Meyer — Yea
Bailey — Yea
Lyons, Joseph — Yea
Millner — Yea
Parke — Yea
Reitz — Yea
Scully — Yea
Slone — Yea
McGuire — Yea
Bradley, Richard — Yea
Dunkin — Yea
Flider — Yea
Flowers — Yea
Forby — Yea
Franks — Yea
Froehlich — Yea
Giles — Yea
Graham — Yea
Granberg — Yea
Grunloh — Yea
Hamos — Yea
Phelps — Yea
Poe — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Nay
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 50001
Democrat 7000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Shadid — Yea
Silverstein — Yea
Lauzen — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Dillard — Yea
Halvorson — Yea
Luechtefeld — Yea
Maloney — Yea
Munoz — Yea
Obama — Yea
Peterson — Yea
Radogno — Yea
Sullivan, D. — Yea
Brady — Yea
Sullivan, J. — Yea
Petka — Yea
Schoenberg — Yea
Sieben — Yea
Jacobs — Yea
Jones, J. — Yea
Jones, W. — Yea
Trotter — Yea
Watson — Yea
Cullerton — Yea
Viverito — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
DeLeo — Yea
Haine — Yea
Hendon — Yea
Winkel — Yea
Wojcik — Yea
Woolard — Yea
Meeks — Yea
Garrett — Yea
Geo-Karis — Yea
Philip — Not Voting
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

What does SB 404 do?
Creates the Children's Privacy Protection and Parental Empowerment Act. Prohibits: the sale or purchase of personal information concerning children without parental consent; the processing of personal information concerning children by prisoners or convicted sex offenders; and the distribution or exchange of children's personal information that one has reason to believe will be used to harm or abuse a child. Provides that persons who broker, solicit, or facilitate the sale of personal information concerning children are required to disclose to parents, upon request, the source and content of personal information on file with regard to their children, and to disclose to parents, upon request, the names of persons or entities that have received or solicited personal information with regard to their children. Violation of this Act is a Class A misdemeanor.
Who sponsors SB 404?
SB 404 is sponsored by Jeffrey M. Schoenberg, Charles E. Jefferson, Monique D. Davis, Robert "Bob" Rita (Democrat), Robert F. Flider, Jack D. Franks, Maria Antonia Berrios, Susana Mendoza, Patricia Bailey, Wyvetter H. Younge, and Chapa LaVia.
What is the current status of SB 404?
This bill has been enacted into law. Introduced February 18, 2003. Enacted.
Where can I track SB 404?
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