101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2134

 

Introduced 2/15/2019, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 14/20
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

    Amends the Biometric Information Privacy Act. Deletes language creating a private right of action. Provides instead that any violation that results from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes is subject to the enforcement authority of the Department of Labor. Provides that an employee or former employee may file a complaint with the Department alleging a violation, within one year from the date of the violation, by submitting a signed, completed complaint form. Provides that any violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act and may be enforced by the Attorney General. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.


LRB101 10399 LNS 55505 b

 

 

A BILL FOR

 

SB2134LRB101 10399 LNS 55505 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Biometric Information Privacy Act is amended
5by changing Section 20 as follows:
 
6    (740 ILCS 14/20)
7    Sec. 20. Violation Right of action.
8    (a) Any violation that results from the collection of
9biometric information by an employer for employment, human
10resources, fraud prevention, or security purposes is subject to
11the enforcement authority of the Department of Labor. The
12Director of Labor shall adopt rules necessary to administer and
13enforce this authority.
14    (b) An employee or former employee may file a complaint
15with the Department of Labor alleging a violation of this Act
16by submitting a signed, completed complaint form. All
17complaints shall be filed with the Department of Labor within
18one year from the date of the violation.
19    (c) Any violation of this Act constitutes a violation of
20the Consumer Fraud and Deceptive Business Practices Act. The
21Office of the Attorney General or the appropriate State's
22Attorney's Office has enforcement authority of the provisions
23of this Act and may enforce a violation of this Act as an

 

 

SB2134- 2 -LRB101 10399 LNS 55505 b

1unlawful practice under the Consumer Fraud and Deceptive
2Business Practices Act.
3Any person aggrieved by a violation of this Act shall have a
4right of action in a State circuit court or as a supplemental
5claim in federal district court against an offending party. A
6prevailing party may recover for each violation:
7        (1) against a private entity that negligently violates
8    a provision of this Act, liquidated damages of $1,000 or
9    actual damages, whichever is greater;
10        (2) against a private entity that intentionally or
11    recklessly violates a provision of this Act, liquidated
12    damages of $5,000 or actual damages, whichever is greater;
13        (3) reasonable attorneys' fees and costs, including
14    expert witness fees and other litigation expenses; and
15        (4) other relief, including an injunction, as the State
16    or federal court may deem appropriate.
17(Source: P.A. 95-994, eff. 10-3-08.)
 
18    Section 10. The Consumer Fraud and Deceptive Business
19Practices Act is amended by changing Section 2Z as follows:
 
20    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
21    Sec. 2Z. Violations of other Acts. Any person who knowingly
22violates the Automotive Repair Act, the Automotive Collision
23Repair Act, the Biometric Information Privacy Act, the Home
24Repair and Remodeling Act, the Dance Studio Act, the Physical

 

 

SB2134- 3 -LRB101 10399 LNS 55505 b

1Fitness Services Act, the Hearing Instrument Consumer
2Protection Act, the Illinois Union Label Act, the Installment
3Sales Contract Act, the Job Referral and Job Listing Services
4Consumer Protection Act, the Travel Promotion Consumer
5Protection Act, the Credit Services Organizations Act, the
6Automatic Telephone Dialers Act, the Pay-Per-Call Services
7Consumer Protection Act, the Telephone Solicitations Act, the
8Illinois Funeral or Burial Funds Act, the Cemetery Oversight
9Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the
10Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan
11Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act,
12subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act,
13subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax
14Act, the Electronic Mail Act, the Internet Caller
15Identification Act, paragraph (6) of subsection (k) of Section
166-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115,
1718d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois
18Vehicle Code, Article 3 of the Residential Real Property
19Disclosure Act, the Automatic Contract Renewal Act, the Reverse
20Mortgage Act, Section 25 of the Youth Mental Health Protection
21Act, the Personal Information Protection Act, or the Student
22Online Personal Protection Act commits an unlawful practice
23within the meaning of this Act.
24(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
25eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
26100-863, eff. 8-14-18.)
 

 

 

SB2134- 4 -LRB101 10399 LNS 55505 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.