SB2558sam002 94TH GENERAL ASSEMBLY

Sen. Ira I. Silverstein

Filed: 2/15/2006

09400SB2558sam002 LRB094 18754 HLH 55951 a

AMENDMENT TO SENATE BILL 2558

AMENDMENT NO. ______. Amend Senate Bill 2558 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Identity Document Protection Act.

Section 5. Contactless integrated circuits. No identity document created, mandated, or issued the State, by a unit of local government, including a home rule unit, or a school district may contain a contactless integrated circuit that can broadcast personal information or enable personal information to be scanned remotely.

For the purposes of this Act, "contactless integrated circuit" means a data carrying unit, such as an integrated circuit or computer chip, that can be read remotely.

This Section does not apply to the I-Pass system of the Illinois State Toll Highway Authority.

This Section does not apply to identification badges issued to State or local government employees, but does apply to identification badges issued by school districts.

This Section does not apply to identification documents issued to inmates by the Department of Corrections.

Section 10. Home rule. A home rule unit may not regulate identity documents in a manner that is inconsistent with the regulation by the State of identity documents under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 90. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2XX as follows:

(815 ILCS 505/2XX new)

Sec. 2XX. Contactless integrated circuits.

(a) It shall be an unlawful practice under this Act for a retailer to offer for sale or sell any article that has a contactless integrated circuit attached to the article that contains personal identifying information, as defined in Section 16G-10 of the Criminal Code of 1961, unless:

(1) the consumer is notified of the existence of the contactless integrated circuit, and the consumer is afforded the opportunity to have the contactless integrated circuit removed at no charge to the consumer; or

(2) the device contains a contactless integrated circuit and is marketed, offered for sale, and sold to consumers as a device with contactless integrated circuit technology to be used by the consumer.

(b) For the purposes of this Section, "contactless integrated circuit" means a data carrying unit, such as an integrated circuit or computer chip, that can be read remotely.".