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Full Text of SB1933  100th General Assembly

SB1933sam002 100TH GENERAL ASSEMBLY

Sen. Andy Manar

Filed: 4/25/2017

 

 


 

 


 
10000SB1933sam002LRB100 11359 MLM 25515 a

1
AMENDMENT TO SENATE BILL 1933

2    AMENDMENT NO. ______. Amend Senate Bill 1933, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Freedom of Information Act is amended by
6changing Section 7.5 as follows:
 
7    (5 ILCS 140/7.5)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be exempt
10from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.

 

 

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1        (c) Applications, related documents, and medical
2    records received by the Experimental Organ Transplantation
3    Procedures Board and any and all documents or other records
4    prepared by the Experimental Organ Transplantation
5    Procedures Board or its staff relating to applications it
6    has received.
7        (d) Information and records held by the Department of
8    Public Health and its authorized representatives relating
9    to known or suspected cases of sexually transmissible
10    disease or any information the disclosure of which is
11    restricted under the Illinois Sexually Transmissible
12    Disease Control Act.
13        (e) Information the disclosure of which is exempted
14    under Section 30 of the Radon Industry Licensing Act.
15        (f) Firm performance evaluations under Section 55 of
16    the Architectural, Engineering, and Land Surveying
17    Qualifications Based Selection Act.
18        (g) Information the disclosure of which is restricted
19    and exempted under Section 50 of the Illinois Prepaid
20    Tuition Act.
21        (h) Information the disclosure of which is exempted
22    under the State Officials and Employees Ethics Act, and
23    records of any lawfully created State or local inspector
24    general's office that would be exempt if created or
25    obtained by an Executive Inspector General's office under
26    that Act.

 

 

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1        (i) Information contained in a local emergency energy
2    plan submitted to a municipality in accordance with a local
3    emergency energy plan ordinance that is adopted under
4    Section 11-21.5-5 of the Illinois Municipal Code.
5        (j) Information and data concerning the distribution
6    of surcharge moneys collected and remitted by wireless
7    carriers under the Wireless Emergency Telephone Safety
8    Act.
9        (k) Law enforcement officer identification information
10    or driver identification information compiled by a law
11    enforcement agency or the Department of Transportation
12    under Section 11-212 of the Illinois Vehicle Code.
13        (l) Records and information provided to a residential
14    health care facility resident sexual assault and death
15    review team or the Executive Council under the Abuse
16    Prevention Review Team Act.
17        (m) Information provided to the predatory lending
18    database created pursuant to Article 3 of the Residential
19    Real Property Disclosure Act, except to the extent
20    authorized under that Article.
21        (n) Defense budgets and petitions for certification of
22    compensation and expenses for court appointed trial
23    counsel as provided under Sections 10 and 15 of the Capital
24    Crimes Litigation Act. This subsection (n) shall apply
25    until the conclusion of the trial of the case, even if the
26    prosecution chooses not to pursue the death penalty prior

 

 

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1    to trial or sentencing.
2        (o) Information that is prohibited from being
3    disclosed under Section 4 of the Illinois Health and
4    Hazardous Substances Registry Act.
5        (p) Security portions of system safety program plans,
6    investigation reports, surveys, schedules, lists, data, or
7    information compiled, collected, or prepared by or for the
8    Regional Transportation Authority under Section 2.11 of
9    the Regional Transportation Authority Act or the St. Clair
10    County Transit District under the Bi-State Transit Safety
11    Act.
12        (q) Information prohibited from being disclosed by the
13    Personnel Records Review Act.
14        (r) Information prohibited from being disclosed by the
15    Illinois School Student Records Act.
16        (s) Information the disclosure of which is restricted
17    under Section 5-108 of the Public Utilities Act.
18        (t) All identified or deidentified health information
19    in the form of health data or medical records contained in,
20    stored in, submitted to, transferred by, or released from
21    the Illinois Health Information Exchange, and identified
22    or deidentified health information in the form of health
23    data and medical records of the Illinois Health Information
24    Exchange in the possession of the Illinois Health
25    Information Exchange Authority due to its administration
26    of the Illinois Health Information Exchange. The terms

 

 

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1    "identified" and "deidentified" shall be given the same
2    meaning as in the Health Insurance Portability and
3    Accountability Act of 1996, Public Law 104-191, or any
4    subsequent amendments thereto, and any regulations
5    promulgated thereunder.
6        (u) Records and information provided to an independent
7    team of experts under Brian's Law.
8        (v) Names and information of people who have applied
9    for or received Firearm Owner's Identification Cards under
10    the Firearm Owners Identification Card Act or applied for
11    or received a concealed carry license under the Firearm
12    Concealed Carry Act, unless otherwise authorized by the
13    Firearm Concealed Carry Act; and databases under the
14    Firearm Concealed Carry Act, records of the Concealed Carry
15    Licensing Review Board under the Firearm Concealed Carry
16    Act, and law enforcement agency objections under the
17    Firearm Concealed Carry Act.
18        (w) Personally identifiable information which is
19    exempted from disclosure under subsection (g) of Section
20    19.1 of the Toll Highway Act.
21        (x) Information which is exempted from disclosure
22    under Section 5-1014.3 of the Counties Code or Section
23    8-11-21 of the Illinois Municipal Code.
24        (y) Confidential information under the Adult
25    Protective Services Act and its predecessor enabling
26    statute, the Elder Abuse and Neglect Act, including

 

 

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1    information about the identity and administrative finding
2    against any caregiver of a verified and substantiated
3    decision of abuse, neglect, or financial exploitation of an
4    eligible adult maintained in the Registry established
5    under Section 7.5 of the Adult Protective Services Act.
6        (z) Records and information provided to a fatality
7    review team or the Illinois Fatality Review Team Advisory
8    Council under Section 15 of the Adult Protective Services
9    Act.
10        (aa) Information which is exempted from disclosure
11    under Section 2.37 of the Wildlife Code.
12        (bb) Information which is or was prohibited from
13    disclosure by the Juvenile Court Act of 1987.
14        (cc) Recordings made under the Law Enforcement
15    Officer-Worn Body Camera Act, except to the extent
16    authorized under that Act.
17        (dd) Information that is prohibited from being
18    disclosed under Section 45 of the Condominium and Common
19    Interest Community Ombudsperson Act.
20        (ee) (dd) Information that is exempted from disclosure
21    under Section 30.1 of the Pharmacy Practice Act.
22        (ff) Records that are exempt from disclosure under
23    Section 1A-16.6 of the Election Code.
24(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
25eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
2699-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;

 

 

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199-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
28-19-16; revised 9-1-16.)
 
3    Section 10. The Election Code is amended by changing
4Sections 1A-16.6 and 1A-16.8 and by adding Sections 1-16,
51A-16.1, 1A-16.2, and 1A-16.9 as follows:
 
6    (10 ILCS 5/1-16 new)
7    Sec. 1-16. Election authorities; notices by electronic
8mail. If an election authority is required by law to send an
9election-related notice to an individual, that election
10authority may send that notice solely by electronic mail if the
11individual provides a current e-mail address to the election
12authority and authorizes the election authority to send notices
13by electronic mail. For the purposes of this Section, the term
14"notice" does not include a ballot or any notice required under
15Sections 16.5 or 16.6 of this Code.
 
16    (10 ILCS 5/1A-16.1 new)
17    Sec. 1A-16.1. Automatic voter registration; Secretary of
18State.
19    (a) The Office of the Secretary of State and the State
20Board of Elections, pursuant to an interagency contract and
21jointly-adopted rules, shall establish an automatic voter
22registration program that satisfies the requirements of this
23Section and other applicable law.

 

 

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1    (b) If an application for a driver's license, other than a
2temporary visitor's driver's license, or a State
3identification card issued by the Office of the Secretary of
4State meets the requirements of the federal REAL ID Act of
52005, then that application shall serve as a dual-purpose
6application. The dual-purpose application shall:
7        (1) also serve as an application to register to vote in
8    Illinois;
9        (2) allow an applicant to change his or her registered
10    residence address or name as it appears on the voter
11    registration rolls;
12        (3) provide the applicant with an opportunity to
13    affirmatively decline to register to vote or to change his
14    or her registered residence address or name by providing a
15    check box on the application form without requiring the
16    applicant to state the reason; and
17        (4) unless the applicant declines to register to vote
18    or change his or her registered residence address or name,
19    require the applicant to attest, by signature under penalty
20    of perjury as described in subsection (e) of this Section,
21    to meeting the qualifications to register to vote in
22    Illinois at his or her residence address as indicated on
23    his or her driver's license or identification card
24    dual-purpose application.
25    (b-5) If an application for a driver's license, other than
26a temporary visitor's driver's license, or a State

 

 

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1identification card issued by the Office of the Secretary of
2State does not meet the requirements of the federal REAL ID Act
3of 2005, then that application shall serve as a dual-purpose
4application. The dual-purpose application shall:
5        (1) also serve as an application to register to vote in
6    Illinois;
7        (2) allow an applicant to change his or her registered
8    residence address or name as it appears on the voter
9    registration rolls; and
10        (3) require the applicant to attest, by a separate
11    signature under penalty of perjury, to meeting the
12    qualifications to register to vote in Illinois at his or
13    her residence address as indicated on his or her
14    dual-purpose application.
15    (b-10) The Office of the Secretary of State shall clearly
16and conspicuously inform each applicant in writing: (i) of the
17qualifications to register to vote in Illinois, (ii) of the
18penalties provided by law for submission of a false voter
19registration application, (iii) that, unless the applicant
20declines to register to vote or update his or her voter
21registration, his or her dual-purpose application shall also
22serve as both an application to register to vote and his or her
23attestation that he or she meets the eligibility requirements
24for voter registration, and that his or her application to
25register to vote or update his or her registration will be
26transmitted to the State Board of Elections for the purpose of

 

 

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1registering the person to vote at the residence address to be
2indicated on his or her driver's license or identification
3card, and (iv) that declining to register to vote is
4confidential and will not affect any services the person may be
5seeking from the Office of the Secretary of State.
6    (c) The Office of the Secretary of State shall review
7information provided to the Office of the Secretary of State by
8the State Board of Elections to inform each applicant for a
9driver's license or permit, other than a temporary visitor's
10driver's license, or a State identification card issued by the
11Office of the Secretary of State whether the applicant is
12currently registered to vote in Illinois and, if registered, at
13what address.
14    (d) The Office of the Secretary of State shall not require
15an applicant for a driver's license or State identification
16card to provide duplicate identification or information in
17order to complete an application to register to vote or change
18his or her registered residence address or name. Before
19transmitting any personal information about an applicant to the
20State Board of Elections, the Office of the Secretary of State
21shall review its records of the identification documents the
22applicant provided in order to complete the application for a
23driver's license or State identification card, to confirm that
24the Office of the Secretary of State is not in possession of
25any information that indicates that the applicant does not
26satisfy the qualifications to register to vote in Illinois at

 

 

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1his or her residence address.
2    (e) A completed, signed application for a driver's license
3or permit, other than a temporary visitor's driver's license,
4or a State identification card issued by the Office of the
5Secretary of State that meets the requirements of the federal
6REAL ID Act of 2005, shall constitute a signed application to
7register to vote in Illinois at the residence address indicated
8in the application unless the person affirmatively declined in
9the application to register to vote or to change his or her
10registered residence address or name. If records of the Office
11of the Secretary of State regarding the applicant indicate that
12he or she does not satisfy the qualifications to register to
13vote in Illinois at his or her residence address, the
14application shall be marked as incomplete and the Office of the
15Secretary of State shall transmit all such records to the State
16Board of Elections.
17    (f) For each completed and signed application that
18constitutes an application to register to vote in Illinois or
19provides for a change in the applicant's registered residence
20address or name, the Office of the Secretary of State shall
21electronically transmit to the State Board of Elections
22personal information needed to complete the person's
23registration to vote in Illinois at his or her residence
24address. The application to register to vote shall be processed
25in accordance with Section 1A-16.6.
26    (g) If the federal REAL ID Act of 2005 is repealed,

 

 

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1abrogated, superseded, or otherwise no longer in effect, then
2the State Board of Elections shall establish criteria for
3determining reliable personal information indicating
4citizenship status and shall adopt rules as necessary for the
5Secretary of State to continue processing dual-purpose
6applications under this Section.
7    (h) As used in this Section, "dual-purpose application"
8means an application for driver's license or permit, other than
9a temporary visitor's driver's license, or a State
10identification card offered by the Secretary of State that also
11serves as an application to register to vote in Illinois.
 
12    (10 ILCS 5/1A-16.2 new)
13    Sec. 1A-16.2. Automatic voter registration; designated
14automatic voter registration agencies.
15    (a) Each designated automatic voter registration agency
16may, pursuant to an interagency contract and jointly-adopted
17rules with the State Board of Elections, agree to participate
18in an automatic voter registration program established by the
19State Board of Elections that satisfies the requirements of
20this Section and other applicable law.
21    (b) As provided in subsection (a), each designated
22automatic voter registration agency that collects or
23cross-references reliable personal information indicating
24citizenship status may provide that an application for a
25license, permit, program, or service offered by that agency

 

 

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1shall serve as a dual-purpose application. The dual-purpose
2application shall:
3        (1) also serve as an application to register to vote in
4    Illinois;
5        (2) allow an applicant to change his or her registered
6    residence address or name as it appears on the voter
7    registration rolls;
8        (3) provide the applicant with an opportunity to
9    affirmatively decline to register to vote or change his or
10    her registered residence address or name by providing a
11    check box on the application form without requiring the
12    applicant to state the reason; and
13        (4) unless the applicant declines to register to vote
14    or to change his or her registered residence address or
15    name, require the applicant to attest, by signature under
16    penalty of perjury, to meeting the qualifications to
17    register to vote in Illinois at his or her residence
18    address as indicated on his or her dual-purpose
19    application.
20    (c) As provided in subsection (a) of this Section, each
21designated automatic voter registration agency that does not
22collect or cross-reference records containing reliable
23personal information indicating citizenship status may provide
24that an application for a license, permit, program, or service
25offered by that agency shall serve as a dual-purpose
26application. The dual-purpose application shall:

 

 

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1        (1) also serve as an application to register to vote in
2    Illinois;
3        (2) allow an applicant to change his or her registered
4    residence address; and
5        (3) require the applicant to attest, by a separate
6    signature under penalty of perjury, to meeting the
7    qualifications to register to vote in Illinois at his or
8    her residence address as indicated on his or her
9    dual-purpose application.
10    (c-5) The designated automatic voter registration agency
11shall clearly and conspicuously inform each applicant in
12writing: (i) of the qualifications to register to vote in
13Illinois, (ii) of the penalties provided by law for submission
14of a false voter registration application, (iii) that, unless
15the applicant declines to register to vote or update his or her
16voter registration, his or her application shall also serve as
17both an application to register to vote and his or her
18attestation that he or she meets the eligibility requirements
19for voter registration, and that his or her application to
20register to vote or update his or her registration will be
21transmitted to the State Board of Elections for the purpose of
22registering the person to vote at the residence address to be
23indicated on the dual-purpose application, (iv) that
24information identifying the agency at which he or she applied
25to register to vote is confidential, (v) that declining to
26register to vote is confidential and will not affect any

 

 

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1services the person may be seeking from the agency, and (vi)
2any additional information needed in order to comply with
3Section 7 of the federal National Voter Registration Act of
41993.
5    (d) The designated automatic voter registration agency
6shall review information provided to the agency by the State
7Board of Elections to inform each applicant whether the
8applicant is currently registered to vote in Illinois and, if
9registered, at what address.
10    (e) The designated automatic voter registration agency
11shall not require an applicant for a dual-purpose application
12to provide duplicate identification or information in order to
13complete an application to register to vote or change his or
14her registered residence address or name. Before transmitting
15any personal information about an applicant to the State Board
16of Elections, the agency shall review its records of the
17identification documents the applicant provided or that the
18agency cross-references in order to complete the dual-purpose
19application, to confirm that the agency is not in possession of
20any information that indicates that the applicant does not
21satisfy the qualifications to register to vote in Illinois at
22his or her residence address. A completed and signed
23dual-purpose application, including a completed application
24under subsection (c) of this Section with a separate signature
25attesting that the applicant meets the qualifications to
26register to vote in Illinois at his or her residence address as

 

 

10000SB1933sam002- 16 -LRB100 11359 MLM 25515 a

1indicated on his or her application, shall constitute an
2application to register to vote in Illinois at the residence
3address indicated in the application unless the person
4affirmatively declined in the application to register to vote
5or to change his or her registered residence address or name.
6If the agency's records regarding the applicant indicate that
7he or she does not satisfy the qualifications to register to
8vote in Illinois at his or her residence address, the
9application shall be marked as incomplete and the agency shall
10transmit all such records to the State Board of Elections.
11    (f) For each completed and signed dual-purpose application
12that constitutes an application to register to vote in Illinois
13or provides for a change in the applicant's registered
14residence address or name, the designated automatic voter
15registration agency shall electronically transmit to the State
16Board of Elections personal information needed to complete the
17person's registration to vote in Illinois at his or her
18residence address. The application to register to vote shall be
19processed in accordance with Section 1A-16.6.
20    (g) As used in this Section:
21        "Designated automatic voter registration agency" or
22    "agency" means the Department of Human Services, the
23    Department of Healthcare and Family Services, the
24    Department of Employment Security, the Department on
25    Aging, or an agency of the State or federal government that
26    has been determined by the State Board of Elections to have

 

 

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1    access to reliable personal information and has entered
2    into an interagency contract with the State Board of
3    Elections to participate in the automatic voter
4    registration program under this Section.
5        "Dual-purpose application" means an application for a
6    license, permit, program, or service offered by a
7    designated automatic voter registration agency that also
8    serves as an application to register to vote in Illinois.
9        "Reliable personal information" means information
10    about individuals obtained from government sources that
11    may be used to verify whether an individual is eligible to
12    register to vote.
 
13    (10 ILCS 5/1A-16.6)
14    Sec. 1A-16.6. Automatic Government agency voter
15registration.
16    (a) The State Board of Elections shall establish and
17maintain a portal for automatic government agency voter
18registration that permits an eligible person to electronically
19apply to register to vote or to update his or her existing
20voter registration as provided in Section 1A-16.1 or Section
211A-16.2. The portal shall interface with the online voter
22registration system established in Section 1A-16.5 of this Code
23and shall be capable of receiving and processing voter
24registration application information, including electronic
25signatures, from the Office of the Secretary of State and each

 

 

10000SB1933sam002- 18 -LRB100 11359 MLM 25515 a

1designated automatic voter registration agency, as defined in
2Section 1A-16.2. The State Board of Elections may
3cross-reference voter registration information from any
4designated automatic voter registration agency, as defined
5under Section 1A-16.2 of this Code, with information contained
6in the database of the Secretary of State as provided under
7subsection (c) of Section 1A-16.5 of this Code. The State Board
8of Elections shall modify the online voter registration system
9as necessary to implement this Section. By April 1, 2016, the
10State Board of Elections shall establish and maintain a portal
11for government agency registration that permits an eligible
12person to electronically apply to register to vote or to update
13his or her existing voter registration whenever he or she
14conducts business, either online or in person, with a
15designated government agency. The portal shall interface with
16the online voter registration system established in Section
171A-16.5 of this Code and shall be capable of receiving and
18processing voter registration application information,
19including electronic signatures, from a designated government
20agency. The State Board of Elections shall modify the online
21voter registration system as necessary to implement this
22Section.
23    Voter registration data received from a designated
24government agency through the online registration system shall
25be processed as provided for in Section 1A-16.5 of this Code.
26    Whenever the registration interface is accessible to the

 

 

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1general public, including, but not limited to, online
2transactions, the interface shall allow the applicant to
3complete the process as provided for in Section 1A-16.5 of this
4Code. The online interface shall be capable of providing the
5applicant with the applicant's voter registration status with
6the State Board of Elections and, if registered, the
7applicant's current registration address. The applicant shall
8not be required to re-enter any registration data, such as
9name, address, and birth date, if the designated government
10agency already has that information on file. The applicant
11shall be informed that by choosing to register to vote or to
12update his or her existing voter registration, the applicant
13consents to the transfer of the applicant's personal
14information to the State Board of Elections.
15    Whenever a government employee is accessing the
16registration system while servicing the applicant, the
17government employee shall notify the applicant of the
18applicant's registration status with the State Board of
19Elections and, if registered, the applicant's current
20registration address. If the applicant elects to register to
21vote or to update his or her existing voter registration, the
22government employee shall collect the needed information and
23assist the applicant with his or her registration. The
24applicant shall be informed that by choosing to register to
25vote or to update his or her existing voter registration, the
26applicant consents to the transfer of the applicant's personal

 

 

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1information to the State Board of Elections.
2    In accordance with technical specifications provided by
3the State Board of Elections, each designated government agency
4shall maintain a data transfer mechanism capable of
5transmitting voter registration application information,
6including electronic signatures where available, to the online
7voter registration system established in Section 1A-16.5 of
8this Code. Each designated government agency shall establish
9and operate a voter registration system capable of transmitting
10voter registration application information to the portal as
11described in this Section by July 1, 2016.
12    (b) Voter registration data received from the Office of the
13Secretary of State or a designated automatic voter registration
14agency through the online registration application system
15shall be processed as provided in Section 1A-16.5 of this Code.
16Whenever an applicant's data is transferred from a designated
17government agency, the agency must transmit a signature image
18if available. If no signature image was provided by the agency
19or if no signature image is available in the Secretary of
20State's database or the statewide voter registration database,
21the applicant must be notified that their registration will
22remain in a pending status and the applicant will be required
23to provide identification and a signature to the election
24authority on Election Day in the polling place or during early
25voting.
26    (c) The State Board of Elections shall establish technical

 

 

10000SB1933sam002- 21 -LRB100 11359 MLM 25515 a

1specifications applicable to each automatic government
2registration program. The Office of the Secretary of State and
3each designated automatic voter registration agency shall
4maintain a data transfer mechanism capable of transmitting
5voter registration application information, including
6electronic signatures where available, to the online voter
7registration system established in Section 1A-16.5 of this
8Code. The State Board of Elections shall track registration
9data received through the online registration system that
10originated from a designated government agency for the purposes
11of maintaining statistics required by the federal National
12Voter Registration Act of 1993, as amended.
13    (d) The State Board of Elections shall, by rule, establish
14criteria and procedures for determining whether an agency of
15the State or federal government seeking to become a designated
16automatic voter registration agency has access to reliable
17personal information, as defined under this subsection (d) and
18subsection (f) of Section 1A-16.2 of this Code, and otherwise
19meets the requirements to enter into an interagency contract
20and to operate as a designated automatic voter registration
21agency. The State Board of Elections shall approve each
22interagency contract upon affirmative vote of a majority of its
23members. The State Board of Elections shall submit a report to
24the General Assembly and the Governor by December 1, 2015
25detailing the progress made to implement the government agency
26voter registration portal described in this Section.

 

 

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1    As used in this subsection (d), "reliable personal
2information" means information about individuals obtained from
3government sources that may be used to verify whether an
4individual is eligible to register to vote.
5    (e) Whenever an applicant's data is transferred from the
6Office of the Secretary of State or a designated automatic
7voter registration agency, the agency must transmit a signature
8image if available. If no signature image was provided by the
9agency, or if no signature image is available in the Office of
10the Secretary of State's database or the statewide voter
11registration database, the applicant must be notified that his
12or her registration will remain in a pending status, and the
13applicant will be required to provide identification that
14complies with the federal Help America Vote Act of 2002 and a
15signature to the election authority on election day in the
16polling place or during early voting. The Board shall adopt
17rules, in consultation with the impacted agencies.
18    (f) Upon receipt of personal information collected and
19transferred by the Office of the Secretary of State or a
20designated automatic voter registration agency, the State
21Board of Elections shall check the information against the
22statewide voter registration database. The State Board of
23Elections shall create and electronically transmit to the
24appropriate election authority a voter registration
25application for any individual who is not registered to vote in
26Illinois and is not disqualified as provided in this Section or

 

 

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1whose information reliably indicates a more recent update to
2the name or address of a person already included in the
3statewide voter database. The election authority shall process
4the application accordingly. As used in this Section, a
5"designated government agency" means the Secretary of State's
6Driver Services and Vehicle Services Departments, the
7Department of Human Services, the Department of Healthcare and
8Family Services, the Department of Employment Security, and the
9Department on Aging.
10    (g) The appropriate election authority shall ensure that
11any applicant who is registered to vote or whose existing voter
12registration is updated under this Section is promptly sent
13written notice of the change. The notice required by this
14subsection (g) may be sent or combined with other notices
15required or permitted by law, including, but not limited to,
16any notices sent pursuant to Section 1A-16.5 of this Code. Any
17notice required by this subsection (g) shall contain, at a
18minimum: (i) the applicant's name and residential address as
19reflected on the voter registration list; (ii) a statement
20notifying the applicant to contact the appropriate election
21authority if his or her voter registration has been updated in
22error; (iii) the qualifications to register to vote in
23Illinois; (iv) a statement notifying the applicant that he or
24she may opt out of voter registration or request a change to
25his or her registration information at any time by contacting
26an election official; and (v) contact information for the

 

 

10000SB1933sam002- 24 -LRB100 11359 MLM 25515 a

1appropriate election authority, including a phone number,
2address, electronic mail address, and website address.
3    (h) The appropriate election authority shall ensure that
4any applicant whose voter registration application is not
5accepted or deemed incomplete is promptly sent written notice
6of the application's status. The notice required by this
7subsection may be sent or combined with other notices required
8or permitted by law, including, but not limited to, any notices
9sent pursuant to Section 1A-16.5 of this Code. Any notice
10required by this subsection (h) shall contain, at a minimum,
11the reason the application was not accepted or deemed
12incomplete and contact information for the appropriate
13election authority, including a phone number, address,
14electronic mail address, and website address.
15    (i) If the Office of the Secretary of State or a designated
16automatic voter registration agency transfers information, or
17if the State Board of Elections creates and transmits a voter
18registration application, for a person who does not qualify as
19an eligible voter, then it shall not constitute a completed
20voter registration form, and the person shall not be considered
21to have registered to vote.
22    (j) If the registration is processed by any election
23authority, then it shall be presumed to have been effected and
24officially authorized by the State, and that person shall not
25be found on that basis to have made a false claim to
26citizenship or to have committed an act of moral turpitude, nor

 

 

10000SB1933sam002- 25 -LRB100 11359 MLM 25515 a

1shall that person be subject to penalty under any relevant
2laws, including, but not limited to, Sections 29-10 and 29-19
3of this Code. This subsection (j) does not apply to a person
4who knows that he or she is not entitled to register to vote
5and who willfully votes, registers to vote, or attests under
6penalty of perjury that he or she is eligible to register to
7vote or willfully attempts to vote or to register to vote.
8    (k) The State Board of Elections, the Office of the
9Secretary of State, and each designated automatic voter
10registration agency shall implement policies and procedures to
11protect the privacy and security of voter information as it is
12acquired, stored, and transmitted among agencies, including
13policies for the retention and preservation of voter
14information. Information designated as confidential under this
15Section may be recorded and shared among the State Board of
16Elections, election authorities, the Office of the Secretary of
17State, and designated automatic voter registration agencies,
18but shall be used only for voter registration purposes, shall
19not be disclosed to the public except in the aggregate as
20required by subsection (m) of this Section, and shall not be
21subject to the Freedom of Information Act. The following
22information shall be designated as confidential:
23        (1) any portion of an applicant's Social Security
24    number;
25        (2) any portion of an applicant's driver's license
26    number or State identification number;

 

 

10000SB1933sam002- 26 -LRB100 11359 MLM 25515 a

1        (3) an applicant's decision to decline voter
2    registration;
3        (4) the identity of the person providing information
4    relating to a specific applicant; and
5        (5) the personal residence and contact information of
6    any applicant for whom local, State, or federal law
7    requires confidentiality, including, but not limited to, a
8    victim of domestic violence pursuant to the Address
9    Confidentiality for Victims of Domestic Violence Act or a
10    victim of stalking pursuant to the Stalking No Contact
11    Order Act.
12    This subsection (k) shall not apply to information the
13State Board of Elections is required to share with the
14Electronic Registration Information Center.
15    (l) The voter registration procedures implemented under
16this Section shall comport with the federal National Voter
17Registration Act of 1993, as amended, and shall specifically
18require that the State Board of Elections track registration
19data received through the online registration system that
20originated from a designated automatic voter registration
21agency for the purposes of maintaining statistics.
22    (m) The State Board of Elections, each election authority
23that maintains a website, the Office of the Secretary of State,
24and each designated automatic voter registration agency that
25maintains a website shall provide information on their websites
26informing the public about the new registration procedures

 

 

10000SB1933sam002- 27 -LRB100 11359 MLM 25515 a

1described in this Section. The Office of the Secretary of State
2and each designated automatic voter registration agency shall
3display signage or provide literature for the public containing
4information about the new registration procedures described in
5this Section.
6    (n) No later than 6 months after the effective date of this
7amendatory Act of the 100th General Assembly, the State Board
8of Elections shall hold at least one public hearing on
9implementing this amendatory Act of the 100th General Assembly
10at which the public may provide input.
11    (o) The State Board of Elections shall submit an annual
12public report to the General Assembly and the Governor
13detailing the progress made to implement this Section. The
14report shall include all of the following: the number of
15records transferred under this Section by agency, the number of
16voters newly added to the statewide voter registration list
17because of records transferred under this Section by agency,
18the number of updated registrations under this Section by
19agency, the number of persons who opted out of voter
20registration, and the number of voters who submitted voter
21registration forms using the online procedure described in
22Section 1A-16.5 of this Code. Any report produced under this
23subsection shall exclude any information that identifies any
24individual personally.
25    (p) The State Board of Elections, in consultation with
26election authorities, the Office of the Secretary of State,

 

 

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1designated automatic voter registration agencies, and
2community organizations, shall adopt rules as necessary to
3implement the provisions of this Section.
4(Source: P.A. 98-1171, eff. 6-1-15.)
 
5    (10 ILCS 5/1A-16.8)
6    Sec. 1A-16.8. Automatic transfer of registration based
7upon information from the National Change of Address database
8and designated automatic voter registration agencies.
9    (a) The State Board of Elections shall cross-reference the
10statewide voter registration database against the United
11States Postal Service's National Change of Address database
12twice each calendar year, April 15 and October 1 in
13odd-numbered years and April 15 and December 1 in even-numbered
14years, and shall share the findings with the election
15authorities.
16    (b) In addition, beginning no later than September 1, 2017,
17the State Board of Elections shall utilize data provided as
18part of its membership in the Electronic Registration
19Information Center in order to cross-reference the statewide
20voter registration database against databases of relevant
21personal information kept by designated automatic voter
22registration agencies, including, but not limited to, driver's
23license information kept by the Secretary of State, at least 6
24times each calendar year and shall share the findings with
25election authorities.

 

 

10000SB1933sam002- 29 -LRB100 11359 MLM 25515 a

1    This subsection (b) shall no longer apply once Sections
21A-16.1 and 1A-16.2 of this Code are fully implemented as
3determined by the State Board of Elections. Upon a
4determination by the State Board of Elections of full
5implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
6the State Board of Elections shall file notice of full
7implementation and the inapplicability of this subsection (b)
8with the Index Department of the Office of the Secretary of
9State, the Governor, the General Assembly, and the Legislative
10Reference Bureau.
11    (c) An election authority shall automatically register any
12voter who has moved into its jurisdiction from another
13jurisdiction in Illinois or has moved within its jurisdiction
14provided that:
15        (1) the election authority whose jurisdiction includes
16    the new registration address provides the voter an
17    opportunity to reject the change in registration address
18    through a mailing, sent by non-forwardable mail, to the new
19    registration address, and
20        (2) when the election authority whose jurisdiction
21    includes the previous registration address is a different
22    election authority, then that election authority provides
23    the same opportunity through a mailing, sent by forwardable
24    mail, to the previous registration address.
25    This change in registration shall trigger the same
26inter-jurisdictional or intra-jurisdictional workflows as if

 

 

10000SB1933sam002- 30 -LRB100 11359 MLM 25515 a

1the voter completed a new registration card, including the
2cancellation of the voter's previous registration. Should the
3registration of a voter be changed from one address to another
4within the State and should the voter appear at the polls and
5offer to vote from the prior registration address, attesting
6that the prior registration address is the true current
7address, the voter, if confirmed by the election authority as
8having been registered at the prior registration address and
9canceled only by the process authorized by this Section, shall
10be issued a regular ballot, and the change of registration
11address shall be canceled. If the election authority is unable
12to immediately confirm the registration, the voter shall be
13permitted to register and vote a regular ballot, provided that
14he or she meets the documentary requirements for same-day
15registration. If the election authority is unable to confirm
16the registration and the voter does not meet the requirements
17for same-day registration, the voter shall be issued a
18provisional ballot.
19    (d) No voter shall be disqualified from voting due to an
20error relating to an update of registration under this Section.
21(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
 
22    (10 ILCS 5/1A-16.9 new)
23    Sec. 1A-16.9. Implementation. The changes made by this
24amendatory Act of the 100th General Assembly shall be
25implemented no later than July 1, 2018.
 

 

 

10000SB1933sam002- 31 -LRB100 11359 MLM 25515 a

1    Section 15. The Illinois Vehicle Code is amended by
2changing Section 2-105 as follows:
 
3    (625 ILCS 5/2-105)  (from Ch. 95 1/2, par. 2-105)
4    Sec. 2-105. Offices of Secretary of State.
5    (a) The Secretary of State shall maintain offices in the
6State capital and in such other places in the State as he may
7deem necessary to properly carry out the powers and duties
8vested in him.
9    (b) The Secretary of State may construct and equip one or
10more buildings in the State of Illinois outside of the County
11of Sangamon as he deems necessary to properly carry out the
12powers and duties vested in him. The Secretary of State may, on
13behalf of the State of Illinois, acquire public or private
14property needed therefor by lease, purchase or eminent domain.
15The care, custody and control of such sites and buildings
16constructed thereon shall be vested in the Secretary of State.
17Expenditures for the construction and equipping of any of such
18buildings upon premises owned by another public entity shall
19not be subject to the provisions of any State law requiring
20that the State be vested with absolute fee title to the
21premises. The exercise of the authority vested in the Secretary
22of State by this Section is subject to the appropriation of the
23necessary funds.
24    (c) Pursuant to Sections 1A-16.1, 1A-16.6, and Section

 

 

10000SB1933sam002- 32 -LRB100 11359 MLM 25515 a

11A-25 of the Election Code, the Secretary of State shall make
2driver services facilities available for use as places of
3accepting applications for voter registration.
4    (d) (Blank).
5    (e) Each person applying at a driver services facility for
6a driver's license or permit, a corrected driver's license or
7permit, an Illinois identification card or a corrected Illinois
8identification card shall be notified, under the procedures set
9forth in Sections 1A-16.1 and 1A-16.6 of the Election Code,
10that unless he or she affirmatively declines, his or her
11personal information shall be transferred to the State Board of
12Elections for the purpose of creating an electronic voter
13registration application that the person may apply to register
14to vote at such station and may also apply to transfer his or
15her voter registration at such station to a different address
16in the State. Such notification may be made in writing or
17verbally issued by an employee or the Secretary of State.
18    The Secretary of State shall promulgate such rules as may
19be necessary for the efficient execution of his duties and the
20duties of his employees under this Section.
21    (f) Any person applying at a driver services facility for
22issuance or renewal of a driver's license or Illinois
23Identification Card shall be provided, without charge, with a
24brochure warning the person of the dangers of financial
25identity theft. The Department of Financial and Professional
26Regulation shall prepare these brochures and provide them to

 

 

10000SB1933sam002- 33 -LRB100 11359 MLM 25515 a

1the Secretary of State for distribution. The brochures shall
2(i) identify signs warning the reader that he or she might be
3an intended victim of the crime of financial identity theft,
4(ii) instruct the reader in how to proceed if the reader
5believes that he or she is the victim of the crime of identity
6theft, and (iii) provide the reader with names and telephone
7numbers of law enforcement and other governmental agencies that
8provide assistance to victims of financial identity theft.
9    (g) The changes made by this amendatory Act of the 100th
10General Assembly shall be implemented no later than July 1,
112018.
12(Source: P.A. 97-81, eff. 7-5-11.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".