PUB HLTH-GENETICS-BIOMETRICS Senate SponsorsSen. Terry Link-Christine Radogno and Heather Steans-Iris Y. Martinez-David Koehler House Sponsors(Rep. Kathleen A. Ryg-Barbara Flynn Currie-Elizabeth Coulson-Patricia R. Bellock-Elaine Nekritz, Karen A. Yarbrough, Cynthia Soto, Mike Fortner, Naomi D. Jakobsson, Frank J. Mautino and Maria Antonia Berrios) 10/3/2008SenatePublic Act . . . . . . . . . 95-0994 New ActCreates the Biometric Information Privacy Act. Provides that a public agency or private entity in possession of biometric identifiers or biometric information must develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within 3 years of the individual's last interaction with the public agency or private entity. Provides that absent a valid warrant or subpoena, a public agency or private entity in possession of biometric identifiers or biometric information must comply with its established retention schedule and destruction guidelines. Provides that no public agency or private entity may collect, capture, purchase, receive through trade, or otherwise obtain a person's or a customer's biometric identifier or biometric information, unless it first satisfies certain conditions. Provides that these provisions do not apply to a public agency engaged in criminal investigations or prosecutions or a public agency acting pursuant to a valid warrant or subpoena. Provides that a public agency in possession of biometric identifiers or biometric information shall store, transmit, and protect from disclosure all biometric identifiers and biometric information in a manner that is the same as or more protective than the manner in which the public agency stores, transmits, and protects other confidential and sensitive information. Provides that any person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court. Preempts home rule. Contains other provisions.Senate Committee Amendment No. 1 Removes the definition for the term "prevailing party". Provides that "biometric identifiers" do not include writing samples, written signatures, photographs, or human biological samples used for valid scientific testing or screening. Provides that biometric identifiers do not include donated organs, tissues, or parts as defined in the Illinois Anatomical Gift Act or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally-designated organ procurement agency. Provides that biometric identifiers do not include biological materials regulated under the Genetic Information Privacy Act. Provides that specified provisions do not apply to a public agency engaged in criminal investigations or prosecutions, acting pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction, or issuing driver's licenses, driver's permits, or other similar identification cards. Provides that nothing in specified provisions shall be construed to prohibit or inhibit a public agency that issues driver's licenses, driver's permits, or other identification cards.Senate Committee Amendment No. 3 Makes a technical change.Senate Floor Amendment No. 4 Replaces everything after the enacting clause. Creates the Biometric Information Privacy Act. Provides that a public agency or private entity in possession of biometric identifiers or biometric information must develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within 3 years of the individual's last interaction with the public agency or private entity, whichever occurs first. Provides that no public agency or private entity may collect, capture, purchase, receive through trade, or otherwise obtain a person's or a customer's biometric identifier or biometric information, unless it first complies with specified criteria. Provides that specified provisions do not apply to a public agency that meets specified criteria. Provides that no public agency or private entity in possession of a biometric identifier or biometric information may sell, lease, trade, or otherwise profit from a person's or a customer's biometric identifier or biometric information. Provides that no public agency or private entity in possession of a biometric identifier or biometric information may disclose, redisclose, or otherwise disseminate a person's or a customer's biometric identifier or biometric information unless it meets specified criteria. Provides that nothing in specified provisions shall be construed to prohibit or inhibit a public agency (i) engaged in criminal investigations, arrests, prosecutions, or law enforcement, (ii) overseeing pretrial detention, post-trial commitment, corrections or incarceration, civil commitment, probation services, or parole services, (iii) serving as the State central repository of biometrics for criminal identification and investigation purposes, (iv) furnishing biometric identifiers or biometric information to a State or federal repository of biometrics pursuant to State or federal law, or (v) issuing driver's licenses, driver's permits, or identification cards pursuant to the Illinois Identification Card Act from taking specified actions. Provides that nothing in specified provisions shall be construed to conflict with the reporting and sharing practices for fingerprints, other biometric identifiers, or biometric information under the Criminal Identification Act, the Illinois Uniform Conviction Information Act, and the federal National Crime Prevention and Privacy Compact. Provides that nothing in specified provisions shall be construed to conflict with the reporting and sharing practices of a fingerprint vendor or fingerprint vendor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides that nothing in specified provisions shall be construed to prohibit or inhibit a public agency that issues occupational licenses from taking specified actions. Provides that nothing in specified provisions shall be construed to prohibit a public agency from performing employee background checks in accordance with the public agency's hiring policies or statutory obligations. Provides that a public agency in possession of biometric identifiers or biometric information shall store, transmit, and protect from disclosure all biometric identifiers and biometric information in a reasonable manner that is the same as or more protective than the manner in which the public agency stores, transmits, and protects other similar confidential and sensitive information specific to that public agency. Provides that a private entity in possession of a biometric identifier or biometric information shall comply with specified requirements. Provides that all information and records held by a public agency pertaining to biometric identifiers and biometric information shall be confidential and exempt from copying and inspection under the Freedom of Information Act to all except to the subject of the biometric identifier or biometric information. Provides that a person aggrieved by a violation of the Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. Preempts home rule. Provides that (1) the Act as it applies to private entities takes effect on the effective date of the Act and (2) the Act as it applies to public agencies takes effect on January 1, 2011. Effective immediately.House Amendment No. 1 Deletes everything after the enacting clause. Reinserts the contents of the bill as engrossed with the following changes. Makes changes to the intent of the Biometric Information Privacy Act. Makes changes to the definitions of "biometric identifier", "biometric information", and "private entity". Adds a definition for "written release". Deletes the definitions for "legally effective written release" and "public agency". Deletes all provisions concerning public agencies and State and local governments. Provides that nothing in the Biometric Information Privacy Act shall be deemed to apply in any manner to a financial institution or an affiliate of a financial institution that is subject to Title V of the federal Gramm-Leach-Bliley Act of 1999 and the rules promulgated thereunder. Provides that nothing in the Biometric Information Privacy Act shall be construed to conflict with the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and the rules promulgated thereunder. Creates the Biometric Information Privacy Study Committee to examine (1) policies, procedures, and practices used by State or local governments to protect against the unauthorized disclosure of biometric identifiers and information; (2) issues related to the collection, destruction, security, and ramifications of biometric identifiers, information, and technology; and (3) technical and procedural changes necessary in order to implement and enforce reasonable, uniform biometric safeguards by State and local government agencies. Makes other changes. Effective immediately.House Amendment No. 2 Deletes everything after the enacting clause. Reinserts the contents of the bill as engrossed with the following changes. Makes changes to the intent of the Biometric Information Privacy Act. Makes changes to the definitions of "biometric identifier", "biometric information", and "private entity". Adds a definition for "written release". Deletes the definitions for "legally effective written release" and "public agency". Deletes all provisions concerning public agencies and State and local governments. Provides that nothing in the Biometric Information Privacy Act shall be deemed to apply in any manner to a financial institution or an affiliate of a financial institution that is subject to Title V of the federal Gramm-Leach-Bliley Act of 1999 and the rules promulgated thereunder. Provides that nothing in the Biometric Information Privacy Act shall be construed to conflict with the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and the rules promulgated thereunder. Provides that nothing in the Biometric Information Privacy Act shall be construed to apply to a contractor, subcontractor, or agent of a State agency or local unit of government when working for that State agency or local unit of government. Deletes the provision concerning home rule. Creates the Biometric Information Privacy Study Committee to examine (1) policies, procedures, and practices used by State or local governments to protect against the unauthorized disclosure of biometric identifiers and information; (2) issues related to the collection, destruction, security, and ramifications of biometric identifiers, information, and technology; and (3) technical and procedural changes necessary in order to implement and enforce reasonable, uniform biometric safeguards by State and local government agencies. Makes other changes. Effective immediately. 2/14/2008SenateFiled with Secretary by Sen. Terry Link 2/14/2008SenateFirst Reading 2/14/2008SenateReferred to Rules 2/15/2008SenateAdded as Chief Co-Sponsor Sen. Christine Radogno 2/27/2008SenateAdded as Co-Sponsor Sen. Heather Steans 3/5/2008SenateAssigned to Executive 3/12/2008SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link 3/12/2008SenateSenate Committee Amendment No. 1 Referred to Rules 3/12/2008SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Terry Link 3/12/2008SenateSenate Committee Amendment No. 2 Referred to Rules 3/12/2008SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. Terry Link 3/12/2008SenateSenate Committee Amendment No. 3 Referred to Rules 3/12/2008SenateSenate Committee Amendment No. 1 Rules Refers to Executive 3/12/2008SenateSenate Committee Amendment No. 3 Rules Refers to Executive 3/12/2008SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez 3/12/2008SenateSenate Committee Amendment No. 1 Adopted 3/12/2008SenateSenate Committee Amendment No. 3 Adopted 3/13/2008SenateDo Pass as Amended Executive; 008-000-000 3/13/2008SenatePlaced on Calendar Order of 2nd Reading April 1, 2008 3/14/2008SenateAdded as Chief Co-Sponsor Sen. David Koehler 4/1/2008SenateSecond Reading 4/1/2008SenatePlaced on Calendar Order of 3rd Reading April 2, 2008 4/11/2008SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Terry Link 4/11/2008SenateSenate Floor Amendment No. 4 Referred to Rules 4/15/2008SenateSenate Floor Amendment No. 4 Rules Refers to Executive 4/16/2008SenateSenate Floor Amendment No. 4 Recommend Do Adopt Executive; 013-000-000 4/16/2008SenateRecalled to Second Reading 4/16/2008SenateSenate Floor Amendment No. 4 Adopted; Link 4/16/2008SenatePlaced on Calendar Order of 3rd Reading 4/16/2008SenateThird Reading - Passed; 058-000-000 4/16/2008SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a) 4/17/2008HouseArrived in House 4/17/2008HousePlaced on Calendar Order of First Reading 4/17/2008HouseChief House Sponsor Rep. Kathleen A. Ryg 4/24/2008HouseFirst Reading 4/24/2008HouseReferred to Rules Committee 5/7/2008HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie 5/7/2008HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Coulson 5/7/2008HouseAdded Alternate Chief Co-Sponsor Rep. Patricia R. Bellock 5/7/2008HouseAdded Alternate Chief Co-Sponsor Rep. Elaine Nekritz 5/7/2008HouseAdded Alternate Co-Sponsor Rep. Karen A. Yarbrough 5/7/2008HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto 5/7/2008HouseAdded Alternate Co-Sponsor Rep. Mike Fortner 5/7/2008HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson 5/8/2008HouseAdded Alternate Co-Sponsor Rep. Frank J. Mautino 5/15/2008HouseAdded Alternate Co-Sponsor Rep. Maria Antonia Berrios 5/21/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008 5/21/2008HouseAssigned to Executive Committee 5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008 5/28/2008HouseHouse Amendment No. 1 Filed with Clerk by Executive Committee 5/28/2008HouseHouse Amendment No. 1 Adopted in Executive Committee; by Voice Vote 5/28/2008HouseDo Pass as Amended / Short Debate Executive Committee; 012-000-000 5/28/2008HousePlaced on Calendar 2nd Reading - Short Debate 5/28/2008HouseSecond Reading - Short Debate 5/28/2008HouseHeld on Calendar Order of Second Reading - Short Debate 5/29/2008HouseHouse Amendment No. 2 Filed with Clerk by Rep. Kathleen A. Ryg 5/29/2008HouseHouse Amendment No. 2 Referred to Rules Committee 5/30/2008HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000 5/30/2008HouseHouse Amendment No. 2 Adopted by Voice Vote 5/30/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/30/2008HouseThird Reading - Short Debate - Passed 113-000-000 5/30/2008SenateSecretary's Desk - Concurrence House Amendment(s) 01,02 5/30/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02-May 31, 2008 5/31/2008SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. Terry Link 5/31/2008SenateHouse Amendment No. 1 Motion to Concur Referred to Rules 5/31/2008SenateHouse Amendment No. 2 Motion to Concur Filed with Secretary Sen. Terry Link 5/31/2008SenateHouse Amendment No. 2 Motion to Concur Referred to Rules 7/1/2008SenatePursuant to Senate Rule 3-9(b) / Referred to Rules 7/10/2008SenateApproved for Consideration Rules 7/10/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02-July 10, 2008 7/10/2008SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Executive 7/10/2008SenateHouse Amendment No. 2 Motion to Concur Rules Referred to Executive 7/10/2008SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 011-000-000 7/10/2008SenateHouse Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 011-000-000 7/10/2008Senate3/5 Vote Required 7/10/2008SenateHouse Amendment No. 1 Senate Concurs 042-000-000 7/10/2008Senate3/5 Vote Required 7/10/2008SenateHouse Amendment No. 2 Senate Concurs 042-000-000 7/10/2008SenatePassed Both Houses 8/8/2008SenateSent to the Governor 10/3/2008SenateGovernor Approved 10/3/2008SenateEffective Date October 3, 2008 10/3/2008SenatePublic Act . . . . . . . . . 95-0994