Sen. Kimberly A. Lightford
Filed: 3/13/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1702




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    AMENDMENT NO. ______. Amend Senate Bill 1702 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The School Code is amended  by adding Sections 
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10-20.40 and 34-18.34 as follows:
 
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    (105 ILCS 5/10-20.40  new)
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    Sec. 10-20.40. Student biometric information.
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    (a)  For the purposes of this Section, "biometric 
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information" means any information that is collected through an 
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identification process for individuals based on their unique 
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behavioral or physiological characteristics, including 
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fingerprint, hand geometry, voice, or facial recognition or 
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iris or retinal scans.
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    (b) School districts that collect biometric information 
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from students shall adopt policies that require, at a minimum, 
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all of the following:
 


 






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        (1) Written permission from the individual who has 
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    legal custody of the student, as defined in Section 
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    10-20.12b of this Code, or from the student if he or she 
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    has reached the age of 18.
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        (2) The discontinuation of use of a student's biometric 
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    information under either of the following conditions:
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            (A) upon the student's graduation or withdrawal 
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        from the school district; or
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            (B) upon receipt in writing of a request for 
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        discontinuation by the individual having legal custody 
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        of the student or by the student if he or she has 
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        reached the age of 18.
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        (3) The destruction of all of a student's biometric 
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    information within 30 days after the biometric information 
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    is discontinued in accordance with item (2) of this 
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    subsection (b).
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        (4) The use of biometric information solely for 
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    identification or fraud prevention.
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        (5) A prohibition on the sale, lease, or other 
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    disclosure of biometric information to another person or 
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    entity, unless:
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            (A) the individual who has legal custody of the 
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        student or the student, if he or she has reached the  
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        age of 18, consents to the disclosure; or
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            (B) the disclosure is required by court order.
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        (6) The storage, transmittal, and protection of all 
 


 






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    biometric information from disclosure.
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    (c) Failure to provide written consent under item (1) of 
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subsection (b) of this Section by the individual who has legal 
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custody of the student or by the student, if he or she has 
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reached the age of 18, must not be the basis for refusal of any 
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services otherwise available to the student.
 
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    (105 ILCS 5/34-18.34 new)

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    Sec. 34-18.34. Student biometric information.

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    (a)  For the purposes of this Section, "biometric 
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information" means any information that is collected through an 
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identification process for individuals based on their unique 
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behavioral or physiological characteristics, including 
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fingerprint, hand geometry, voice, or facial recognition or 
14
iris or retinal scans.
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    (b) If the school district collects biometric information 
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from students, the district shall adopt a policy that requires, 
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at a minimum, all of the following:
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        (1) Written permission from the individual who has 
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    legal custody of the student, as defined in Section 
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    10-20.12b of this Code, or from the student if he or she 
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    has reached the age of 18.
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        (2) The discontinuation of use of a student's biometric 
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    information under either of the following conditions:
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            (A) upon the student's graduation or withdrawal 
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        from the school district; or
 


 






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            (B) upon receipt in writing of a request for 
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        discontinuation by the individual having legal custody 
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        of the student or by the student if he or she has 
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        reached the age of 18.
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        (3) The destruction of all of a student's biometric 
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    information within 30 days after the biometric information 
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    is discontinued in accordance with item (2) of this 
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    subsection (b).
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        (4) The use of biometric information solely for 
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    identification or fraud prevention.
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        (5) A prohibition on the sale, lease, or other 
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    disclosure of biometric information to another person or 
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    entity, unless:
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            (A) the individual who has legal custody of the 
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        student or the student, if he or she has reached the  
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        age of 18, consents to the disclosure; or
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            (B) the disclosure is required by court order.
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        (6) The storage, transmittal, and protection of all 
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    biometric information from disclosure.
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    (c) Failure to provide written consent under item (1) of 
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subsection (b) of this Section by the individual who has legal 
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custody of the student or by the student, if he or she has 
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reached the age of 18, must not be the basis for refusal of any 
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services otherwise available to the student.
 
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    Section 90. The State Mandates Act is amended by adding 
 


 






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Section 8.31 as follows:
 
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    (30 ILCS 805/8.31 new)
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    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 95th General Assembly.
 

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    Section 99. Effective date. This Act takes effect August 1, 
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2007.".