Public Act 102-0354
 
SB0225 EnrolledLRB102 03890 RJF 13905 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Identification Card Act is amended  
by changing Section 11 as follows:
 


    (15 ILCS 335/11)  (from Ch. 124, par. 31)



    Sec. 11. Records. 
    (a) The Secretary may make a search of his records and 
furnish
information as to whether a person has a current 
Standard Illinois
Identification Card or an Illinois Person 
with a Disability Identification Card then on
file, upon 
receipt of a written application therefor accompanied with the

prescribed fee. However, the Secretary may not disclose 
medical
information concerning an individual to any person, 
public agency, private
agency, corporation or governmental 
body unless the individual has
submitted a written request for 
the information or unless the individual
has given prior 
written consent for the release of the information to a

specific person or entity. This exception shall not apply to: 
(1) offices
and employees of the Secretary who have a need to 
know the medical
information in performance of their official 
duties, or (2) orders of a
court of competent jurisdiction. 
When medical information is disclosed by
the Secretary in 
accordance with the provisions of this Section, no
liability 
shall rest with the Office of the Secretary of State as the

information is released for informational purposes only.
    (b) Except as otherwise provided in this Section, the The 
Secretary may release personally identifying information only 
to:
        (1) officers and employees of the Secretary who have a 
    need to know that information for issuance of driver's 
    licenses, permits, or identification cards and 
    investigation of fraud or misconduct;
        (2) other governmental agencies for use in their 
    official governmental functions;
        (3) law enforcement agencies for a criminal or civil 
    investigation;
        (3-5) the State Board of Elections as may be required 
    by an agreement the State Board of Elections has entered 
    into with a multi-state voter registration list 
    maintenance system; or 
        (4) any entity that the Secretary has authorized, by 
    rule.
    (c) Except as otherwise provided in this Section, the The 
Secretary may release highly restricted personal information 
only to:
        (1) officers and employees of the Secretary who have a 
    need to access the information for the issuance of 
    driver's licenses, permits, or identification cards and 
    investigation of fraud or misconduct;
        (2) law enforcement officials for a criminal or civil 
    law enforcement investigation;
        (3) the State Board of Elections for the purpose of 
    providing the signature for completion of voter 
    registration; or
        (4) any other entity the Secretary has authorized by 
    rule.
    (d) Documents required to be submitted with an application 
for an identification card to prove the applicant's identity 
(name and date of birth), social security number, written 
signature, residency, and, as applicable, proof of lawful 
status shall be confidential and shall not be disclosed except 
to the following persons:
        (1) the individual to whom the identification card was 
    issued, upon written request;
        (2) officers and employees of the Secretary of State 
    who have a need to have access to the stored images for 
    purposes of issuing and controlling driver's licenses, 
    permits, or identification cards and investigation of 
    fraud or misconduct;
        (3) law enforcement officials for a civil or criminal 
    law enforcement investigation;
        (4) other entities that the Secretary may authorize by 
    rule.
    (e) The Secretary may not disclose an individual's social 
security number or any associated information obtained from 
the Social Security Administration without the written request 
or consent of the individual except: (i) to officers and 
employees of the Secretary who have a need to know the social 
security number in the performance of their official duties; 
(ii) to law enforcement officials for a civil or criminal law 
enforcement investigation if an officer of the law enforcement 
agency has made a written request to the Secretary specifying 
the law enforcement investigation for which the social 
security number is being sought; (iii) under a lawful court 
order signed by a judge; (iv) to the Illinois Department of 
Veterans' Affairs for the purpose of confirming veteran status 
to agencies in other states responsible for the issuance of 
state identification cards for participation in State-to-State 
verification service; or (v) the last 4 digits to the Illinois 
State Board of Elections for purposes of voter registration 
and as may be required pursuant to an agreement for a 
multi-state voter registration list maintenance system. The 
Secretary retains the right to require additional verification 
regarding the validity of a request from law enforcement. If 
social security information is disclosed by the Secretary in 
accordance with this Section, no liability shall rest with the 
Office of the Secretary of State or any of its officers or 
employees, as the information is released for official 
purposes only.


    (f) The Secretary of State shall not provide facial 
recognition search services or photographs obtained in the 
process of issuing an identification card to any federal, 
State, or local law enforcement agency or other governmental 
entity for the purpose of enforcing federal immigration laws. 
This subsection shall not apply to requests from federal, 
State, or local law enforcement agencies or other governmental 
entities for facial recognition search services or photographs 
obtained in the process of issuing a driver's license or 
permit when the purpose of the request relates to criminal 
activity other than violations of immigration laws. 
(Source: P.A. 101-326, eff. 8-9-19.)

 
    Section 10. The Illinois Vehicle Code is amended  by 
changing Section 6-110.1 as follows:
 


    (625 ILCS 5/6-110.1)




    Sec. 6-110.1. Confidentiality of captured photographs or 
images. 
    (a) The
Secretary of State shall maintain a file on or 
contract to file all photographs
and signatures obtained in 
the process of issuing a driver's license, permit,
or 
identification card. Except as otherwise provided in this 
Section, the  The photographs and signatures shall be 
confidential
and shall not be disclosed except to the 
following persons:

        (1) the individual upon written request;

        (2) officers and employees of the Secretary of State 
    who have a need
to have access to the stored images for 
    purposes of issuing and controlling
driver's licenses, 
    permits, or identification cards and investigation of 
    fraud or misconduct;

        (3) law enforcement officials for a civil or criminal

    law enforcement investigation;

        (3-5) the State Board of Elections for the sole 
    purpose of providing the signatures required by a local 
    election authority to register a voter through an online 
    voter registration system; 
        (3-10) officers and employees of the Secretary of 
    State who have a need to have access to the stored images 
    for purposes of issuing and controlling notary public 
    commissions and for the purpose of providing the 
    signatures required to process online applications for 
    appointment and commission as notaries public; or 
        (4) other entities that the Secretary may authorize by 
    rule.

    (b) The Secretary of State shall not provide facial 
recognition search services or photographs obtained in the 
process of issuing a driver's license or permit to any 
federal, State, or local law enforcement agency or other 
governmental entity for the purpose of enforcing federal 
immigration laws. This subsection shall not apply to requests 
from federal, State, or local law enforcement agencies or 
other governmental entities for facial recognition search 
services or photographs obtained in the process of issuing a 
driver's license or permit when the purpose of the request 
relates to criminal activity other than violations of 
immigration laws.  
(Source: P.A. 101-326, eff. 8-9-19.)


 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.