Sen. Ira I. Silverstein

Filed: 2/15/2006

 

 


 

 


 
09400SB2558sam002 LRB094 18754 HLH 55951 a

1
AMENDMENT TO SENATE BILL 2558

2     AMENDMENT NO. ______. Amend Senate Bill 2558 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Identity Document Protection Act.
 
6     Section 5. Contactless integrated circuits. No identity
7 document created, mandated, or issued the State, by a unit of
8 local government, including a home rule unit, or a school
9 district may contain a contactless integrated circuit that can
10 broadcast personal information or enable personal information
11 to be scanned remotely.
12     For the purposes of this Act, "contactless integrated
13 circuit" means a data carrying unit, such as an integrated
14 circuit or computer chip, that can be read remotely.
15     This Section does not apply to the I-Pass system of the
16 Illinois State Toll Highway Authority.
17     This Section does not apply to identification badges issued
18 to State or local government employees, but does apply to
19 identification badges issued by school districts.
20     This Section does not apply to identification documents
21 issued to inmates by the Department of Corrections.
 
22     Section 10. Home rule. A home rule unit may not regulate
23 identity documents in a manner that is inconsistent with the

 

 

09400SB2558sam002 - 2 - LRB094 18754 HLH 55951 a

1 regulation by the State of identity documents under this Act.
2 This Section is a limitation under subsection (i) of Section 6
3 of Article VII of the Illinois Constitution on the concurrent
4 exercise by home rule units of powers and functions exercised
5 by the State.
 
6     Section 90. The Consumer Fraud and Deceptive Business
7 Practices Act is amended by adding Section 2XX as follows:
 
8     (815 ILCS 505/2XX new)
9     Sec. 2XX. Contactless integrated circuits.
10     (a) It shall be an unlawful practice under this Act for a
11 retailer to offer for sale or sell any article that has a
12 contactless integrated circuit attached to the article that
13 contains personal identifying information, as defined in
14 Section 16G-10 of the Criminal Code of 1961, unless:
15         (1) the consumer is notified of the existence of the
16     contactless integrated circuit, and the consumer is
17     afforded the opportunity to have the contactless
18     integrated circuit removed at no charge to the consumer; or
19         (2) the device contains a contactless integrated
20     circuit and is marketed, offered for sale, and sold to
21     consumers as a device with contactless integrated circuit
22     technology to be used by the consumer.
23     (b) For the purposes of this Section, "contactless
24 integrated circuit" means a data carrying unit, such as an
25 integrated circuit or computer chip, that can be read
26 remotely.".