Elementary & Secondary Education Committee
Adopted in House Comm. on Mar 14, 2007
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1 | AMENDMENT TO HOUSE BILL 1559
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2 | AMENDMENT NO. ______. Amend House Bill 1559 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "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 | (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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1 | 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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8 | Sec. 34-18.34. Student biometric information.
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9 | (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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1 | (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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1 | 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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7 | Section 99. Effective date. This Act takes effect August 1, | ||||||
8 | 2007.".
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