Bill Status of HB0559  102nd General Assembly


Short Description:  BIPA-PROCEDURE-LIMIT DAMAGES

House Sponsors
Rep. Jim Durkin - Dan Caulkins - Thomas M. Bennett - Dan Ugaste and Dan Brady

Last Action
DateChamber Action
  4/23/2021HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
740 ILCS 14/5
740 ILCS 14/10
740 ILCS 14/15
740 ILCS 14/20
740 ILCS 14/25


Synopsis As Introduced
Amends the Biometric Information Privacy Act. Changes the term of "written release" to "written consent". Provides that the written policy that is developed by a private entity in possession of biometric identifiers shall be made available to the person from whom biometric information is to be collected or was collected (rather than to the public). Provides that an action brought under the Act shall be commenced within one year after the cause of action accrued if, prior to initiating any action against a private entity, the aggrieved person provides a private entity 30 days' written notice identifying the specific provisions the aggrieved person alleges have been or are being violated. Provides that if within the 30 days the private entity actually cures the noticed violation and provides the aggrieved person an express written statement that the violation has been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the private entity. Provides that if a private entity continues to violate the Act in breach of the express written statement, the aggrieved person may initiate an action against the private entity to enforce the written statement and may pursue statutory damages for each breach of the express written statement and any other violation that postdates the written statement. Provides that a prevailing party may recover: against a private entity that negligently violates the Act, actual damages (rather than liquidated damages of $1,000 or actual damages, whichever is greater); or against a private entity that willfully (rather than intentionally or recklessly) violates the Act, actual damages plus liquidated damages up to the amount of actual damages (rather than liquidated damages of $5,000 or actual damages, whichever is greater). Provides that the Act does not apply to a private entity if the private entity's employees are covered by a collective bargaining agreement that provides for different policies regarding the retention, collection, disclosure, and destruction of biometric information. Makes other changes.

Actions 
DateChamber Action
  2/2/2021HouseFiled with the Clerk by Rep. Jim Durkin
  2/2/2021HouseChief Co-Sponsor Rep. Dan Caulkins
  2/2/2021HouseChief Co-Sponsor Rep. Thomas M. Bennett
  2/8/2021HouseFirst Reading
  2/8/2021HouseReferred to Rules Committee
  3/2/2021HouseAssigned to Judiciary - Civil Committee
  3/9/2021HouseDo Pass / Short Debate Judiciary - Civil Committee; 010-005-001
  3/17/2021HousePlaced on Calendar 2nd Reading - Short Debate
  4/14/2021HouseSecond Reading - Short Debate
  4/14/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/22/2021HouseAdded Chief Co-Sponsor Rep. Dan Ugaste
  4/22/2021HouseAdded Co-Sponsor Rep. Dan Brady
  4/23/2021HouseRule 19(a) / Re-referred to Rules Committee