Full Text of HB1559 95th General Assembly
HB1559ham001 95TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Adopted in House Comm. on Mar 14, 2007
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LRB095 10164 RAS 32977 a |
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| AMENDMENT TO HOUSE BILL 1559
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| AMENDMENT NO. ______. Amend House Bill 1559 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by adding Sections | 5 |
| 10-20.40 and 34-18.34 as follows: | 6 |
| (105 ILCS 5/10-20.40 new) | 7 |
| Sec. 10-20.40. Student biometric information. | 8 |
| (a) For the purposes of this Section, "biometric | 9 |
| information" means any information that is collected through an | 10 |
| identification process for individuals based on their unique | 11 |
| behavioral or physiological characteristics, including | 12 |
| fingerprint, hand geometry, voice, or facial recognition or | 13 |
| iris or retinal scans. | 14 |
| (b) School districts that collect biometric information | 15 |
| from students shall adopt policies that require, at a minimum, | 16 |
| all of the following: |
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| (1) Written permission from the individual who has | 2 |
| legal custody of the student, as defined in Section | 3 |
| 10-20.12b of this Code, or from the student if he or she | 4 |
| has reached the age of 18. | 5 |
| (2) The discontinuation of use of a student's biometric | 6 |
| information under either of the following conditions: | 7 |
| (A) upon the student's graduation or withdrawal | 8 |
| from the school district; or | 9 |
| (B) upon receipt in writing of a request for | 10 |
| discontinuation by the individual having legal custody | 11 |
| of the student or by the student if he or she has | 12 |
| reached the age of 18. | 13 |
| (3) The destruction of all of a student's biometric | 14 |
| information within 30 days after the biometric information | 15 |
| is discontinued in accordance with item (2) of this | 16 |
| subsection (b). | 17 |
| (4) The use of biometric information solely for | 18 |
| identification or fraud prevention. | 19 |
| (5) A prohibition on the sale, lease, or other | 20 |
| disclosure of biometric information to another person or | 21 |
| entity, unless: | 22 |
| (A) the individual who has legal custody of the | 23 |
| student or the student, if he or she has reached the | 24 |
| age of 18, consents to the disclosure; or | 25 |
| (B) the disclosure is required by court order. | 26 |
| (6) The storage, transmittal, and protection of all |
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LRB095 10164 RAS 32977 a |
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| biometric information from disclosure. | 2 |
| (c) Failure to provide written consent under item (1) of | 3 |
| subsection (b) of this Section by the individual who has legal | 4 |
| custody of the student or by the student, if he or she has | 5 |
| reached the age of 18, must not be the basis for refusal of any | 6 |
| services otherwise available to the student. | 7 |
| (105 ILCS 5/34-18.34 new)
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| Sec. 34-18.34. Student biometric information.
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| (a) For the purposes of this Section, "biometric | 10 |
| information" means any information that is collected through an | 11 |
| identification process for individuals based on their unique | 12 |
| behavioral or physiological characteristics, including | 13 |
| fingerprint, hand geometry, voice, or facial recognition or | 14 |
| iris or retinal scans. | 15 |
| (b) If the school district collects biometric information | 16 |
| from students, the district shall adopt a policy that requires, | 17 |
| at a minimum, all of the following: | 18 |
| (1) Written permission from the individual who has | 19 |
| legal custody of the student, as defined in Section | 20 |
| 10-20.12b of this Code, or from the student if he or she | 21 |
| has reached the age of 18. | 22 |
| (2) The discontinuation of use of a student's biometric | 23 |
| information under either of the following conditions: | 24 |
| (A) upon the student's graduation or withdrawal | 25 |
| from the school district; or |
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LRB095 10164 RAS 32977 a |
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| (B) upon receipt in writing of a request for | 2 |
| discontinuation by the individual having legal custody | 3 |
| of the student or by the student if he or she has | 4 |
| reached the age of 18. | 5 |
| (3) The destruction of all of a student's biometric | 6 |
| information within 30 days after the biometric information | 7 |
| is discontinued in accordance with item (2) of this | 8 |
| subsection (b). | 9 |
| (4) The use of biometric information solely for | 10 |
| identification or fraud prevention. | 11 |
| (5) A prohibition on the sale, lease, or other | 12 |
| disclosure of biometric information to another person or | 13 |
| entity, unless: | 14 |
| (A) the individual who has legal custody of the | 15 |
| student or the student, if he or she has reached the | 16 |
| age of 18, consents to the disclosure; or | 17 |
| (B) the disclosure is required by court order. | 18 |
| (6) The storage, transmittal, and protection of all | 19 |
| biometric information from disclosure. | 20 |
| (c) Failure to provide written consent under item (1) of | 21 |
| subsection (b) of this Section by the individual who has legal | 22 |
| custody of the student or by the student, if he or she has | 23 |
| reached the age of 18, must not be the basis for refusal of any | 24 |
| services otherwise available to the student. | 25 |
| Section 90. The State Mandates Act is amended by adding |
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| Section 8.31 as follows: | 2 |
| (30 ILCS 805/8.31 new) | 3 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 4 |
| of this Act, no reimbursement by the State is required for the | 5 |
| implementation of any mandate created by this amendatory Act of | 6 |
| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect August 1, | 8 |
| 2007.".
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