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Sen. Bill Cunningham
Filed: 4/9/2021
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| 1 | | AMENDMENT TO SENATE BILL 1607
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1607 on page 1, |
| 3 | | line 5, by replacing "Section 10" with "Sections 10 and 25"; |
| 4 | | and
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| 5 | | on page 3, directly below line 16, by inserting the following:
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| 6 | | "(740 ILCS 14/25)
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| 7 | | Sec. 25. Construction. |
| 8 | | (a) Nothing in this Act shall be construed to impact the |
| 9 | | admission or discovery of biometric identifiers and biometric |
| 10 | | information in any action of any kind in any court, or before |
| 11 | | any tribunal, board, agency, or person. |
| 12 | | (b) Nothing in this Act shall be construed to conflict |
| 13 | | with the X-Ray Retention Act, the federal Health Insurance |
| 14 | | Portability and Accountability Act of 1996 and the rules |
| 15 | | promulgated under either Act. |
| 16 | | (c) Nothing in this Act shall be deemed to apply in any |
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| 1 | | manner to a financial institution or an affiliate of a |
| 2 | | financial institution that is subject to Title V of the |
| 3 | | federal Gramm-Leach-Bliley Act of 1999 and the rules |
| 4 | | promulgated thereunder. |
| 5 | | (d) Nothing in this Act shall be construed to conflict |
| 6 | | with the Private Detective, Private Alarm, Private Security, |
| 7 | | Fingerprint Vendor, and Locksmith Act of 2004 and the rules |
| 8 | | promulgated thereunder. |
| 9 | | (e) Nothing in this Act shall be construed to apply to a |
| 10 | | contractor, subcontractor, or agent of a State agency or local |
| 11 | | unit of government when working for that State agency or local |
| 12 | | unit of government. |
| 13 | | (f) Nothing in this Act shall be construed to apply to any |
| 14 | | health care employer, as defined in the Health Care Worker |
| 15 | | Background Check Act, that: (1) hires an employee pursuant to |
| 16 | | the Health Care Worker Background Check Act and the employee |
| 17 | | has submitted to a fingerprint-based criminal history records |
| 18 | | check; (2) uses and stores biometric information or biometric |
| 19 | | identifiers exclusively for employment, human resources, |
| 20 | | compliance, payroll, identification, authentication, safety, |
| 21 | | security, or fraud prevention purposes; (3) does not sell, |
| 22 | | lease, or trade the biometric information or biometric |
| 23 | | identifiers collected; and (4) maintains and follows a |
| 24 | | documented process to delete any biometric information or |
| 25 | | biometric identifier used for the purposes identified in this |
| 26 | | subsection.
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