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1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Anti-registry Program Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Agency" means any State or local government department,
8agency, division, commission, council, committee, board, or
9other body established by authority of a statute, ordinance, or
10executive order.
11    "Agent" means any person employed by or acting on behalf of
12an agency.
13    "Personal demographic information" means information
14concerning a person's race, color, gender identity, age,
15religion, disability, national origin, ancestry, sexual
16orientation, marital status, military status, order of
17protection status, pregnancy, or unfavorable discharge from
18military service that can be used to contact, track, locate,
19identify, or reasonably infer the identity of, a specific
20individual.
21    "Registry program" means a public, private, or joint
22public-private initiative: (1) for which particular
23individuals or groups of individuals, designated on the basis

 

 

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1of their race, color, gender identity, age, religion,
2disability, national origin, ancestry, sexual orientation,
3marital status, military status, order of protection status,
4pregnancy, or unfavorable discharge from military service, are
5required by law to register; and (2) whose primary purpose is
6to compile a list of individuals who fall within a demographic
7category identified by their race, color, gender identity, age,
8religion, disability, national origin, ancestry, sexual
9orientation, marital status, military status, order of
10protection status, pregnancy, or unfavorable discharge from
11military service. "Registry program" does not include: (1) any
12initiative whose purpose is administration of services,
13benefits, contracts, or programs, including permits, licenses,
14and other regulatory programs; (2) the decennial census
15mandated by Article I, Section 2 of the United States
16Constitution; or (3) Selective Service registration as
17required under Chapter 49 of Title 50 of the United States
18Code.
 
19    Section 10. Prohibition on participation in registry
20programs.
21    (a) No agent or agency shall use any moneys, facilities,
22property, equipment, or personnel of the agency, or any
23personal demographic information in the agency's possession,
24to participate in or provide support in any manner for the
25creation, publication, or maintenance of a registry program.

 

 

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1    (b) Notwithstanding any other law to the contrary, no agent
2or agency shall provide or disclose to any government authority
3personal demographic information that is not otherwise
4publicly available regarding any individual that is requested
5for the purpose of: (1) creating a registry program; or (2)
6requiring registration of persons in a registry program. No
7agent or agency shall make available personal demographic
8information that is not otherwise publicly available from any
9agency database for such purposes, including any database
10maintained by a private vendor under contract with the agency.
 
11    Section 15. Construction.
12    (a) Nothing in this Act prohibits an agent or agency from
13sending to, or receiving from, any local, State, or federal
14agency, aggregate information concerning personal demographic
15information in any case in which such information cannot be
16used to identify individual persons.
17    (b) Nothing in this Act prohibits an agent or agency from
18sending to, or receiving from, a federal agency charged with
19enforcement of federal immigration law information regarding
20an individual's citizenship or immigration status, lawful or
21unlawful. For purposes of this Act, "information regarding an
22individual's citizenship or immigration status, lawful or
23unlawful" shall be interpreted consistently with Section 1373
24of Title 8 of the United States Code. This subsection (b) shall
25no longer be effective if a court of competent jurisdiction

 

 

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1declares Section 1373 of Title 8 of the United States Code
2unconstitutional.
3    (c) Nothing in this Act prohibits an agent or agency from
4creating or maintaining a database that contains personal
5demographic information where such information is collected
6for purposes of complying with anti-discrimination laws or laws
7regarding the administration of public benefits, or for
8purposes of ensuring agency programs adequately serve their
9respective communities, or where the agency collects this
10information to administer or ensure equal access to agency
11services, benefits, contracts, and programs, or for the purpose
12of tax administration by the Department of Revenue, or the
13information is contained within personnel files kept in the
14ordinary course of business. For the purposes of this
15subsection (c), "programs" includes permits, licenses, and
16other regulatory programs.