093_HB1375

                                     LRB093 03921 RLC 03958 b

 1        AN  ACT  in  relation to victims of stalking and domestic
 2    violence.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  1.  Short  title.  This  Act may be cited as the
 6    Victims   of   Stalking   and   Domestic   Violence   Address
 7    Confidentiality Act.

 8        Section 5. Purposes.  The  General  Assembly  finds  that
 9    persons  attempting  to  escape  from  actual  or  threatened
10    domestic  violence or stalking frequently establish new names
11    or addresses in order to prevent their assailants or probable
12    assailants from finding them. The purpose of this Act  is  to
13    enable  State  and  local agencies to respond to requests for
14    public  records  without  disclosing  the  changed  name   or
15    location  of  a  victim  of domestic violence or stalking, to
16    enable interagency cooperation with the Attorney  General  in
17    providing  name  and  address  confidentiality for victims of
18    domestic violence or stalking, and to enable State and  local
19    agencies  to accept a program participant's use of an address
20    designated by the Attorney General as  a  substitute  mailing
21    address.

22        Section  10.  Definitions.  Unless  the  context  clearly
23    requires  otherwise,  the  definitions  in this Section apply
24    throughout this Act:
25        "Address" means  a  residential  street  address,  school
26    address,  or  work  address of an individual, as specified on
27    the individual's application  to  be  a  program  participant
28    under this Act.
29        "Adult person" means a person 18 years of age or older.
30        "Domestic  violence"  means  an act as defined in Section
 
                            -2-      LRB093 03921 RLC 03958 b
 1    103 of the Illinois Domestic Violence Act of 1986.
 2        "Stalking" means an act as defined in Section  12-7.3  or
 3    12-7.4 of the Criminal Code of 1961.
 4        "Program  participant"  means  a  person  certified  as a
 5    program participant under Section 15.

 6        Section 15. Program participants.
 7        (a)  An adult person, a  parent  or  guardian  acting  on
 8    behalf  of  a  minor,  or  a  guardian acting on behalf of an
 9    incapacitated person may apply to  the  Attorney  General  to
10    have  an  address designated by the Attorney General serve as
11    the  person's  address  or  the  address  of  the  minor   or
12    incapacitated  person.  An  application shall be completed in
13    person at a community-based victims' assistance program.
14        The application process shall include a requirement  that
15    the applicant shall meet with a victims' assistance counselor
16    and  receive  orientation  information about the program. The
17    Attorney General shall approve an application if it is  filed
18    in  the  manner  and  on  the form prescribed by the Attorney
19    General and if it contains all of the following:
20             (1)  A sworn statement by  the  applicant  that  the
21        applicant   has  good  reason  to  believe  both  of  the
22        following:
23                  (A)  That  the  applicant,  or  the  minor   or
24             incapacitated person on whose behalf the application
25             is  made,  is  a  victim  of  domestic  violence  or
26             stalking.
27                  (B)  That  the  applicant  fears for his or her
28             safety or his  or  her  children's  safety,  or  the
29             safety of the minor or incapacitated person on whose
30             behalf the application is made.
31             (2)  If the applicant alleges that the basis for the
32        application  is  that  the  applicant,  or  the  minor or
33        incapacitated person on whose behalf the  application  is
 
                            -3-      LRB093 03921 RLC 03958 b
 1        made,  is  a victim of domestic violence, the application
 2        may be accompanied by evidence including, but not limited
 3        to, any of the following:
 4                  (A)  Police, court, or other government  agency
 5             records or files.
 6                  (B)  Documentation  from  a  domestic  violence
 7             program  if  the person is alleged to be a victim of
 8             domestic violence.
 9                  (C)  Documentation  from  a  legal,   clerical,
10             medical,   or   other  professional  from  whom  the
11             applicant or person on whose behalf the  application
12             is  made  has  sought assistance in dealing with the
13             alleged domestic violence.
14                  (D)  Any other evidence that supports the sworn
15             statement,  such  as  a  statement  from  any  other
16             individual with knowledge of the circumstances  that
17             provides  the  basis  for  the  claim,  or  physical
18             evidence of the act or acts of domestic violence.
19             (3)  If the applicant alleges that the basis for the
20        application  is  that  the  applicant,  or  the  minor or
21        incapacitated person on whose behalf the  application  is
22        made,  is  a victim of stalking, the application shall be
23        accompanied by evidence including, but  not  limited  to,
24        any of the following:
25                  (A)  Police,  court, or other government agency
26             records or files.
27                  (B)  Legal,   clerical,   medical,   or   other
28             professionals from whom the applicant or  person  on
29             whose  behalf  the  application  is  made has sought
30             assistance in dealing with the alleged stalking.
31                  (C)  Any other evidence that supports the sworn
32             statement, such as a sworn statement from any  other
33             individual  with knowledge of the circumstances that
34             provide  the  basis  for  the  claim,  or   physical
 
                            -4-      LRB093 03921 RLC 03958 b
 1             evidence of the act or acts of stalking.
 2             (4)  A  statement  of whether there are any existing
 3        court orders involving the applicant for  child  support,
 4        child custody, or child visitation, and whether there are
 5        any  active  court  actions  involving  the applicant for
 6        child support, child custody, or  child  visitation,  the
 7        name and address of legal counsel of record, and the last
 8        known  address of the other parent or parents involved in
 9        those court orders or court actions.
10             (5)  A designation of the Attorney General as  agent
11        for purposes of service of process and for the purpose of
12        receipt of mail.
13                  (A)  Service  on  the  Attorney  General of any
14             summons, writ, notice, demand, or process  shall  be
15             made  by  delivering  to the address confidentiality
16             program personnel of  the  Office  of  the  Attorney
17             General  2  copies  of  the  summons,  writ, notice,
18             demand, or process.
19                  (B)  If a summons,  writ,  notice,  demand,  or
20             process  is  served  on  the  Attorney  General, the
21             Attorney General shall immediately cause a  copy  to
22             be  forwarded  to  the  program  participant  at the
23             address  shown  on  the  records  of   the   address
24             confidentiality  program  so that the summons, writ,
25             notice,  demand,  or  process  is  received  by  the
26             program participant within 3 days  of  the  Attorney
27             General's having received it.
28                  (C)  The  Attorney  General shall keep a record
29             of  all  summonses,  writs,  notices,  demands,  and
30             processes served upon  the  Attorney  General  under
31             this  Section  and  shall  record  the  time of that
32             service and the Attorney General's action.
33                  (D)  The office of the Attorney General and any
34             agent or person employed  by  the  Attorney  General
 
                            -5-      LRB093 03921 RLC 03958 b
 1             shall  be  held  harmless  from any liability in any
 2             action brought by any person injured or harmed as  a
 3             result of the handling of first-class mail on behalf
 4             of program participants.
 5             (6)  The  mailing address where the applicant can be
 6        contacted by the Attorney General, and the  phone  number
 7        or  numbers  where  the  applicant  can  be called by the
 8        Attorney General.
 9             (7)  The address or  addresses  that  the  applicant
10        requests  not be disclosed for the reason that disclosure
11        will increase the risk of domestic violence or stalking.
12             (8)  The signature  of  the  applicant  and  of  any
13        individual  or representative of any office designated in
14        writing under Section 50 who assisted in the  preparation
15        of  the  application, and the date on which the applicant
16        signed the application.
17        (b)  Applications shall be filed with the office  of  the
18    Attorney General.
19        (c)  Upon  filing  a  properly completed application, the
20    Attorney General shall certify the  applicant  as  a  program
21    participant.  Applicants  shall  be  certified  for  4  years
22    following  the  date  of  filing  unless the certification is
23    withdrawn or  invalidated  before  that  date.  The  Attorney
24    General shall by rule establish a renewal procedure.
25        (d)  Upon  certification,  in  any  case  where there are
26    court orders or court actions identified in paragraph (4)  of
27    subsection  (a)  of  this  Section  and  there is no other or
28    superseding court  order  dictating  the  specific  terms  of
29    communication  between  the  parties,  the  Attorney  General
30    shall,  within 10 days, notify the other parent or parents of
31    the address  designated  by  the  Attorney  General  for  the
32    program  participant  and  the  designation  of  the Attorney
33    General as agent for purposes  of  service  of  process.  The
34    notice  shall  be  given  by  mail, return receipt requested,
 
                            -6-      LRB093 03921 RLC 03958 b
 1    postage prepaid, to the  last  known  address  of  the  other
 2    parent  to  be  notified.  A  copy shall also be sent to that
 3    parent's counsel of record.
 4        (e)  A person who falsely attests in an application  that
 5    disclosure  of  the  applicant's  address  would endanger the
 6    applicant's safety or the safety of the applicant's  children
 7    or  the  minor  or  incapacitated  person on whose behalf the
 8    application is made,  or  who  knowingly  provides  false  or
 9    incorrect  information  upon making an application, is guilty
10    of a Class A misdemeanor. A notice shall be printed  in  bold
11    type  and  in  a  conspicuous  location  on  the  face of the
12    application informing the applicant of  the  penalties  under
13    this subsection (e).

14        Section   20.   Name  changes  of  program  participants;
15    confidential. The Attorney General  shall  keep  confidential
16    name  changes  of  program  participants obtained pursuant to
17    subsection (b)  of  Section  21-102  of  the  Code  of  Civil
18    Procedure.   The   Attorney   General  shall  have  the  same
19    responsibilities and obligations to program participants  who
20    have   obtained  a  name  change  as  to  any  other  program
21    participant under this Act.

22        Section    25.    Canceling     program     participant's
23    certification.
24        (a)  The   Attorney   General   may   cancel   a  program
25    participant's certification if  there  is  a  change  in  the
26    residential  address  from the one listed on the application,
27    unless the program participant provides the Attorney  General
28    with at least 7 days' prior notice of the change of address.
29        (b)  The   Attorney   General   may   cancel   a  program
30    participant's  certification  if  the   program   participant
31    changes   his  or  her  name  from  the  one  listed  in  the
32    application and fails to notify the Attorney General  of  the
 
                            -7-      LRB093 03921 RLC 03958 b
 1    name change within 7 days of the change.
 2        (c)  The  Attorney  General may cancel certification of a
 3    program participant if mail forwarded by the Attorney General
 4    to  the  program  participant's  address   is   returned   as
 5    nondeliverable.
 6        (d)  The Attorney General shall cancel certification of a
 7    program participant who applies using false information.
 8        (e)  Any  records  or  documents  pertaining to a program
 9    participant shall be retained and  held  confidential  for  a
10    period of 3 years after termination of certification and then
11    destroyed.

12        Section 30. Withdrawal from program participation.
13        (a)  A  program  participant  may  withdraw  from program
14    participation by submitting to  the  address  confidentiality
15    program manager written notification of withdrawal and his or
16    her  current  identification  card.  Certification  shall  be
17    terminated on the date of receipt of this notification.
18        (b)  The  address  confidentiality  program  manager  may
19    terminate   a   program   participant's   certification   and
20    invalidate  his  or  her  authorization  card  for any of the
21    following reasons:
22             (1)  The program  participant's  certification  term
23        has  expired  and  certification  renewal  has  not  been
24        completed.
25             (2)  The address confidentiality program manager has
26        determined   that  false  information  was  used  in  the
27        application process or that participation in the  program
28        is  being  used  as  a  subterfuge  to avoid detection of
29        illegal or  criminal  activity  or  apprehension  by  law
30        enforcement.
31             (3)  The  program  participant  no longer resides at
32        the residential address listed on  the  application,  and
33        has not provided at least 7 days' prior notice in writing
 
                            -8-      LRB093 03921 RLC 03958 b
 1        of a change in address.
 2             (4)  A service of process document or mail forwarded
 3        to    the      program   participant   by   the   address
 4        confidentiality   program   manager   is   returned    as
 5        nondeliverable.
 6             (5)  The  program  participant  obtains a legal name
 7        change and fails to notify the Attorney General within  7
 8        days.
 9        (c)  If  termination  is  a result of paragraph (1), (3),
10    (4), or (5) of subsection (b),  the  address  confidentiality
11    program  manager  shall  send  written  notification  of  the
12    intended  termination to the program participant. The program
13    participant shall have 5 business days in which to appeal the
14    termination  under  procedures  developed  by  the   Attorney
15    General.
16        (d)  The  address  confidentiality  program manager shall
17    notify in writing the  county  clerk  or  board  of  election
18    commissioners  and  authorized  personnel  of the appropriate
19    county clerk's or board of  election  commissioners'  office,
20    county  recorder's office, and the local department of public
21    health of the program participant's certification withdrawal,
22    invalidation, expiration, or termination.
23        (e)  Upon  receipt  of  this  termination   notification,
24    authorized   personnel   shall   transmit   to   the  address
25    confidentiality    program    manager     all     appropriate
26    administrative  records pertaining to the program participant
27    and  the  record  transmitting   agency   shall   no   longer
28    responsible   for   maintaining   the  confidentiality  of  a
29    terminated program participant's record.
30        (f)  Following   termination   of   program   participant
31    certification as a result  of  subsection  (b),  the  address
32    confidentiality  program  manager  may  disclose  information
33    contained in the participant's application.
 
                            -9-      LRB093 03921 RLC 03958 b
 1        Section 35. Designated address.
 2        (a)  A  program  participant  may  request that State and
 3    local agencies use the address  designated  by  the  Attorney
 4    General as his or her address. When creating a public record,
 5    State  and local agencies shall accept the address designated
 6    by the Attorney General as a program participant's substitute
 7    address, unless the Attorney General has determined  both  of
 8    the following:
 9             (1)  The   agency  has  a  bona  fide  statutory  or
10        administrative requirement for the  use  of  the  address
11        that would otherwise be confidential under this Act.
12             (2)  This  address  will  be  used  only  for  those
13        statutory  and  administrative  purposes  and  may not be
14        publicly disseminated.
15        (b)  A program participant may  request  that  State  and
16    local  agencies  use  the  address designated by the Attorney
17    General as his or her address. When modifying or  maintaining
18    a  public  record,  excluding  the record of any birth, fetal
19    death, death, or marriage registered under the Vital  Records
20    Act,  State  and  local  agencies  shall  accept  the address
21    designated by the Attorney General as a program participant's
22    substitute  address,  unless   the   Attorney   General   has
23    determined both of the following:
24             (1)  The   agency  has  a  bona  fide  statutory  or
25        administrative requirement for the  use  of  the  address
26        that would otherwise be confidential under this Act.
27             (2)  This  address  will  be  used  only  for  those
28        statutory  and  administrative  purposes  and  may not be
29        publicly disseminated.
30        (c)  A program participant may use the address designated
31    by the Attorney General as his or her work address.
32        (d)  The office of the Attorney General shall forward all
33    first-class mail and all mail sent by a  governmental  agency
34    to  the  appropriate  program participants. The office of the
 
                            -10-     LRB093 03921 RLC 03958 b
 1    Attorney  General  shall  not  handle  or  forward   packages
 2    regardless of size or type of mailing.
 3        (e)  Notwithstanding  subsections  (a)  and  (b), program
 4    participants shall comply with the  provisions  specified  in
 5    Section  6-117.5  of  the Illinois Vehicle Code if requesting
 6    suppression of the records maintained  by  the  Secretary  of
 7    State  under  the Illinois Vehicle Code. Program participants
 8    shall also comply with all other provisions of  the  Illinois
 9    Vehicle   Code   relating   to   providing   current  address
10    information to the Secretary of State.

11        Section 40. Confidential voting.  A  program  participant
12    who  is  otherwise qualified to vote may seek to register and
13    vote in a confidential manner under Section  4-34,  5-44,  or
14    6-81 of the Election Code.

15        Section  45.  Confidential  records. The Attorney General
16    may not make a program participant's address, other than  the
17    address  designated  by  the  Attorney  General, or a program
18    participant's  name  change  available  for   inspection   or
19    copying, except under any of the following circumstances:
20        (a)  If requested by a law enforcement agency, to the law
21    enforcement agency.
22        (b)  If directed by a court order, to a person identified
23    in the order.
24        (c)  If certification has been canceled.

25        Section  50. Assistance from other agencies. The Attorney
26    General  shall  designate  State  and  local   agencies   and
27    nonprofit   agencies  that  provide  counseling  and  shelter
28    services to victims  of  domestic  violence  or  stalking  to
29    assist  persons  applying  to  be  program  participants. Any
30    assistance and counseling  rendered  by  the  office  of  the
31    Attorney  General  or its designees to applicants shall in no
 
                            -11-     LRB093 03921 RLC 03958 b
 1    way be construed as legal advice.

 2        Section 55. Rules. The Attorney General may  adopt  rules
 3    to  facilitate  the  administration  of this Act by State and
 4    local agencies.

 5        Section 60. Custody or visitation orders not affected.
 6        (a)  Nothing in  this  Act,  nor  participation  in  this
 7    program, affects custody or visitation orders in effect prior
 8    to or during program participation. A program participant who
 9    falsifies  his  or  her location in order to unlawfully avoid
10    custody  or  visitation  orders  is  subject   to   immediate
11    termination  from  the  program  and  is  guilty of a Class A
12    misdemeanor.
13        (b)  Participation in the  program  does  not  constitute
14    evidence  of  domestic  violence  or stalking for purposes of
15    making custody or visitation orders.

16        Section 65. Report to the General Assembly.
17        (a)  The Attorney General shall  submit  to  the  General
18    Assembly,  no  later  than  January 10 of each year, a report
19    that includes the total number of applications  received  for
20    the  program  established  by  this  Act.  The  report  shall
21    disclose  the  number  of  program  participants  within each
22    county and shall also  describe  any  allegations  of  misuse
23    relating to election purposes.
24        (b)  The   Attorney   General  shall  commence  accepting
25    applications and other activities under this program on  July
26    1, 2004.
27        (c)  The  Attorney  General  shall submit a report to the
28    General Assembly by January 1, 2010 that includes  the  total
29    number  of  pieces of mail forwarded to program participants,
30    the number  of  program  participants  during  the  program's
31    duration,  the  number of program participants who obtained a
 
                            -12-     LRB093 03921 RLC 03958 b
 1    confidential name change  under  subsection  (b)  of  Section
 2    21-102  of the Code of Civil Procedure, the average length of
 3    time a participant remains in the program, and  the  targeted
 4    Act  changes  needed  to improve the program's efficiency and
 5    cost-effectiveness.

 6        Section 70. Repeal. This Act is repealed  on  January  1,
 7    2014.

 8        Section  105.  The  Election  Code  is  amended by adding
 9    Sections 4-34, 5-44, and 6-81 as follows:

10        (10 ILCS 5/4-34 new)
11        Sec. 4-34. Confidential registration.
12        (a) Any  person  filing  with  the  county  clerk  a  new
13    affidavit  of  registration  or  re-registration may have the
14    information  relating  to  his  or  her   residence   address
15    appearing on the affidavit of registration, or any registrant
16    list  or  roster  or  index prepared from that list, declared
17    confidential upon  presentation  of  certification  that  the
18    person  is  a  participant in the Address Confidentiality for
19    Victims of Domestic Violence and Stalking program  under  the
20    Victims   of   Stalking   and   Domestic   Violence   Address
21    Confidentiality Act.
22        (b)  Any  person granted confidentiality under subsection
23    (a) shall:
24             (1)  Be  considered  an   absent   voter   for   all
25        subsequent   elections  or  until  the  county  clerk  is
26        notified otherwise by the Attorney General or in  writing
27        by  the  voter.  A voter requesting termination of absent
28        voter  status  under  this  paragraph  (1)  consents   to
29        placement   of  his  or  her  residence  address  on  the
30        registration  record   card   or   computer-based   voter
31        registration file.
 
                            -13-     LRB093 03921 RLC 03958 b
 1             (2)  In  addition to the required residence address,
 2        provide a valid mailing address to be used  in  place  of
 3        the  residence  address for election purposes. The county
 4        clerk, in producing any list, roster, or  index  may,  at
 5        his  or  her choice, use the valid mailing address or the
 6        word "confidential" or some similar designation in  place
 7        of the residence address.
 8        (c)  No  action  in  negligence may be maintained against
 9    any government entity or officer or employee of a  government
10    entity  as  a result of disclosure of the information that is
11    the subject of this Section unless  by  a  showing  of  gross
12    negligence or willfulness.
13        (d)  Subsections  (a)  and (b) do not apply to any person
14    granted confidentiality upon receipt by the county clerk of a
15    written notice by the address confidentiality program manager
16    of the withdrawal, invalidation, expiration,  or  termination
17    of the program participant's certification.
18        (e) This Section is repealed on January 1, 2014.

19        (10 ILCS 5/5-44 new)
20        Sec. 5-44. Confidential registration.
21        (a)  Any  person  filing  with  the  county  clerk  a new
22    affidavit of registration or  re-registration  may  have  the
23    information   relating   to  his  or  her  residence  address
24    appearing on the affidavit of registration, or any registrant
25    list or roster or index prepared  from  that  list,  declared
26    confidential  upon  presentation  of  certification  that the
27    person is a participant in the  Address  Confidentiality  for
28    Victims  of  Domestic Violence and Stalking program under the
29    Victims   of   Stalking   and   Domestic   Violence   Address
30    Confidentiality Act.
31        (b) Any person granted confidentiality  under  subsection
32    (a) shall:
33             (1) Be considered an absent voter for all subsequent
 
                            -14-     LRB093 03921 RLC 03958 b
 1        elections or until the county clerk is notified otherwise
 2        by  the  Attorney  General  or in writing by the voter. A
 3        voter requesting termination of absent voter status under
 4        this paragraph (1) consents to placement of  his  or  her
 5        residence  address  on  the  registration  record card or
 6        computer-based voter registration file.
 7             (2)  In addition to the required residence  address,
 8        provide  a  valid  mailing address to be used in place of
 9        the residence address for election purposes.
10        The county clerk, in producing any list, roster, or index
11    may, at his or her choice, use the valid mailing  address  or
12    the  word "confidential" or some similar designation in place
13    of the residence address.
14        (c)  No action in negligence may  be  maintained  against
15    any  government entity or officer or employee of a government
16    entity as a result of disclosure of the information  that  is
17    the  subject  of  this  Section  unless by a showing of gross
18    negligence or willfulness.
19        (d)  Subsections (a) and (b) do not apply to  any  person
20    granted confidentiality upon receipt by the county clerk of a
21    written notice by the address confidentiality program manager
22    of  the  withdrawal, invalidation, expiration, or termination
23    of the program participant's certification.
24        (e) This Section is repealed on January 1, 2014.

25        (10 ILCS 5/6-81 new)
26        Sec. 6-81. Confidential registration.
27        (a)  Any  person  filing  with  the  Board  of   election
28    Commissioners    a   new   affidavit   of   registration   or
29    re-registration may have the information relating to  his  or
30    her   residence   address   appearing  on  the  affidavit  of
31    registration, or any  registrant  list  or  roster  or  index
32    prepared   from   that   list,   declared  confidential  upon
33    presentation  of  certification  that   the   person   is   a
 
                            -15-     LRB093 03921 RLC 03958 b
 1    participant  in  the  Address  Confidentiality for Victims of
 2    Domestic Violence and Stalking program under the  Victims  of
 3    Stalking and Domestic Violence Address Confidentiality Act.
 4        (b)  Any  person granted confidentiality under subsection
 5    (a) shall:
 6             (1)  Be  considered  an   absent   voter   for   all
 7        subsequent  elections  or   until  the  Board of Election
 8        Commissioners  is  notified  otherwise  by  the  Attorney
 9        General or in writing by the voter.  A  voter  requesting
10        termination  of  absent voter status under this paragraph
11        (1) consents to placement of his or her residence address
12        on the registration record card or  computer-based  voter
13        registration file.
14             (2)  In  addition to the required residence address,
15        provide a valid mailing address to be used  in  place  of
16        the residence address for election purposes. The Board of
17        Election  Commisssioners,  in producing any list, roster,
18        or index may, at his or her choice, use the valid mailing
19        address  or  the  word  "confidential"  or  some  similar
20        designation in place of the residence address.
21        (c)  No action in negligence may  be  maintained  against
22    any  government entity or officer or employee of a government
23    entity as a result of disclosure of the information  that  is
24    the  subject  of  this  Section  unless by a showing of gross
25    negligence or willfulness.
26        (d)  Subsections (a) and (b) do not apply to  any  person
27    granted confidentiality upon receipt by the county clerk of a
28    written notice by the address confidentiality program manager
29    of  the  withdrawal, invalidation, expiration, or termination
30    of the program participant's certification.
31        (e) This Section is repealed on January 1, 2014.

32        Section 110. The Illinois  Vehicle  Code  is  amended  by
33    changing Section 2-123 as follows:
 
                            -16-     LRB093 03921 RLC 03958 b
 1        (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
 2        Sec. 2-123.  Sale and Distribution of Information.
 3        (a)  Except  as  otherwise  provided in this Section, the
 4    Secretary may make the driver's license,  vehicle  and  title
 5    registration  lists, in part or in whole, and any statistical
 6    information derived  from  these  lists  available  to  local
 7    governments,   elected  state  officials,  state  educational
 8    institutions, and all other governmental units of  the  State
 9    and  Federal  Government  requesting  them  for  governmental
10    purposes.  The Secretary shall require any such applicant for
11    services to pay for the costs of furnishing such services and
12    the use  of  the  equipment  involved,  and  in  addition  is
13    empowered to establish prices and charges for the services so
14    furnished  and  for  the  use  of  the  electronic  equipment
15    utilized.
16        (b)  The Secretary is further empowered to and he may, in
17    his  discretion,  furnish to any applicant, other than listed
18    in subsection (a) of this Section, vehicle or driver data  on
19    a  computer  tape,  disk, other electronic format or computer
20    processable medium, or printout at a fixed  fee  of  $250  in
21    advance  and require in addition a further sufficient deposit
22    based upon the Secretary of State's  estimate  of  the  total
23    cost  of  the  information  requested and a charge of $25 per
24    1,000 units or part thereof identified or  the  actual  cost,
25    whichever  is  greater. The Secretary is authorized to refund
26    any difference between the additional deposit and the  actual
27    cost of the request.  This service shall not be in lieu of an
28    abstract  of a driver's record nor of a title or registration
29    search.  This service may be limited to entities purchasing a
30    minimum number of records as required by administrative rule.
31    The information sold pursuant to this subsection shall be the
32    entire vehicle or driver data list,  or  part  thereof.   The
33    information  sold  pursuant  to  this  subsection  shall  not
34    contain   personally   identifying   information  unless  the
 
                            -17-     LRB093 03921 RLC 03958 b
 1    information is to be used for one of the purposes  identified
 2    in  subsection  (f-5) of this Section.  Commercial purchasers
 3    of driver and vehicle record databases  shall  enter  into  a
 4    written  agreement  with the Secretary of State that includes
 5    disclosure of the commercial use of  the  information  to  be
 6    purchased.
 7        (c)  Secretary  of  State  may  issue registration lists.
 8    The Secretary of State shall compile and  publish,  at  least
 9    annually,  a  list  of all registered vehicles.  Each list of
10    registered vehicles shall be arranged serially  according  to
11    the  registration numbers assigned to registered vehicles and
12    shall  contain  in  addition  the  names  and  addresses   of
13    registered  owners  and  a  brief description of each vehicle
14    including the serial or  other  identifying  number  thereof.
15    Such  compilation may be in such form as in the discretion of
16    the Secretary  of  State  may  seem  best  for  the  purposes
17    intended.
18        (d)  The  Secretary of State shall furnish no more than 2
19    current available lists of such registrations to the sheriffs
20    of all counties and to the chiefs of police of all cities and
21    villages and towns of 2,000 population and over in this State
22    at no cost.   Additional  copies  may  be  purchased  by  the
23    sheriffs  or  chiefs  of police at the fee of $500 each or at
24    the cost of producing the list as determined by the Secretary
25    of State.   Such  lists  are  to  be  used  for  governmental
26    purposes only.
27        (e)  (Blank).
28        (e-1)  (Blank).
29        (f)  The  Secretary  of  State  shall  make  a  title  or
30    registration  search  of  the  records  of  his  office and a
31    written report on the  same  for  any  person,  upon  written
32    application  of  such  person, accompanied by a fee of $5 for
33    each registration or title search.  The  written  application
34    shall   set   forth   the   intended  use  of  the  requested
 
                            -18-     LRB093 03921 RLC 03958 b
 1    information.   No  fee  shall  be  charged  for  a  title  or
 2    registration  search,  or  for  the   certification   thereof
 3    requested by a government agency.  The report of the title or
 4    registration  search shall not contain personally identifying
 5    information unless the request for a search was made for  one
 6    of  the  purposes  identified  in  subsection  (f-5)  of this
 7    Section.
 8        The  Secretary  of  State  shall  certify  a   title   or
 9    registration   record  upon  written  request.  The  fee  for
10    certification shall be $5 in addition to the fee required for
11    a title or registration search. Certification shall  be  made
12    under  the  signature of the Secretary of State  and shall be
13    authenticated by Seal of the Secretary of State.
14        The Secretary of State may notify the  vehicle  owner  or
15    registrant  of  the  request  for  purchase  of  his title or
16    registration information as the Secretary deems appropriate.
17        No information shall be released to the  requestor  until
18    expiration  of a 10 day period.  This 10 day period shall not
19    apply to requests for information  made  by  law  enforcement
20    officials,   government   agencies,  financial  institutions,
21    attorneys,   insurers,   employers,   automobile   associated
22    businesses, persons licensed as a private detective or  firms
23    licensed  as  a  private  detective  agency under the Private
24    Detective, Private Alarm, and Private Security Act  of  1983,
25    who   are  employed  by  or  are  acting  on  behalf  of  law
26    enforcement   officials,   government   agencies,   financial
27    institutions,  attorneys,  insurers,  employers,   automobile
28    associated   businesses,  and  other  business  entities  for
29    purposes consistent  with  the  Illinois  Vehicle  Code,  the
30    vehicle   owner  or  registrant  or  other  entities  as  the
31    Secretary may exempt by rule and regulation.
32        Any misrepresentation made by a  requestor  of  title  or
33    vehicle  information  shall be punishable as a petty offense,
34    except in the case of persons licensed as a private detective
 
                            -19-     LRB093 03921 RLC 03958 b
 1    or firms licensed as a private detective agency  which  shall
 2    be  subject  to disciplinary sanctions under Section 22 or 25
 3    of the Private Detective, Private Alarm, and Private Security
 4    Act of 1983.
 5        (f-5)  The Secretary  of  State  shall  not  disclose  or
 6    otherwise   make  available  to  any  person  or  entity  any
 7    personally identifying information obtained by the  Secretary
 8    of  State  in connection with a driver's license, vehicle, or
 9    title registration record unless the information is disclosed
10    for one of the following purposes:
11             (1)  For use by any government agency, including any
12        court or law enforcement  agency,  in  carrying  out  its
13        functions,  or  any  private  person  or entity acting on
14        behalf of a federal, State, or local agency  in  carrying
15        out its functions.
16             (2)  For  use  in  connection  with matters of motor
17        vehicle  or  driver  safety  and  theft;  motor   vehicle
18        emissions; motor vehicle product alterations, recalls, or
19        advisories;  performance  monitoring  of  motor vehicles,
20        motor  vehicle  parts,  and  dealers;  and   removal   of
21        non-owner  records  from  the  original  owner records of
22        motor vehicle manufacturers.
23             (3)  For use in the normal course of business  by  a
24        legitimate   business   or   its  agents,  employees,  or
25        contractors, but only:
26                  (A)  to  verify  the   accuracy   of   personal
27             information   submitted  by  an  individual  to  the
28             business or its agents, employees,  or  contractors;
29             and
30                  (B)  if such information as so submitted is not
31             correct  or  is  no  longer  correct,  to obtain the
32             correct information, but only for  the  purposes  of
33             preventing   fraud   by,   pursuing  legal  remedies
34             against,  or  recovering  on  a  debt  or   security
 
                            -20-     LRB093 03921 RLC 03958 b
 1             interest against, the individual.
 2             (4)  For  use  in research activities and for use in
 3        producing  statistical   reports,   if   the   personally
 4        identifying information is not published, redisclosed, or
 5        used to contact individuals.
 6             (5)  For use in connection with any civil, criminal,
 7        administrative,  or  arbitral  proceeding in any federal,
 8        State,  or  local  court  or   agency   or   before   any
 9        self-regulatory  body,  including the service of process,
10        investigation in  anticipation  of  litigation,  and  the
11        execution  or  enforcement  of  judgments  and orders, or
12        pursuant to an order of a federal, State, or local court.
13             (6)  For use by any  insurer  or  insurance  support
14        organization  or  by a self-insured entity or its agents,
15        employees,  or  contractors  in  connection  with  claims
16        investigation activities, antifraud  activities,  rating,
17        or underwriting.
18             (7)  For  use  in  providing notice to the owners of
19        towed or impounded vehicles.
20             (8)  For use by any private investigative agency  or
21        security  service  licensed  in  Illinois for any purpose
22        permitted under this subsection.
23             (9)  For use by an employer or its agent or  insurer
24        to obtain or verify information relating to a holder of a
25        commercial   driver's  license  that  is  required  under
26        chapter 313 of title 49 of the United States Code.
27             (10)  For use in connection with  the  operation  of
28        private toll transportation facilities.
29             (11)  For  use  by  any  requester, if the requester
30        demonstrates it has obtained the written consent  of  the
31        individual to whom the information pertains.
32             (12)  For  use  by  members  of  the  news media, as
33        defined  in  Section  1-148.5,   for   the   purpose   of
34        newsgathering  when  the request relates to the operation
 
                            -21-     LRB093 03921 RLC 03958 b
 1        of a motor vehicle or public safety.
 2             (13)  For any other use specifically  authorized  by
 3        law,  if  that use is related to the operation of a motor
 4        vehicle or public safety.
 5        (f-6)  Notwithstanding  the  provisions   of   subsection
 6    (f-5),  any  residence  address  obtained by the Secretary of
 7    State in connection with  a  driver's  license,  vehicle,  or
 8    title  registration  record  is  confidential  and may not be
 9    disclosed to any person, except:
10             (1)  A  court,  law  enforcement  agency,  or  other
11        government agency, or as authorized in clauses (2),  (3),
12        (4), (5), (6), or (7) of this subsection (f-6).
13             (2)  A  financial  institution licensed by the State
14        or federal government to do business in this  State  that
15        states  under  penalty  of perjury that it has obtained a
16        written waiver from  the  confidentiality  provisions  of
17        this  subsection  (f-6)  signed  by  the individual whose
18        address  is  requested,   except   that   the   financial
19        institution may provide the address of any person who has
20        entered  into an agreement held by that institution prior
21        to the effective date of this amendatory Act of the  93rd
22        General  Assembly,  so  long as that agreement remains in
23        effect.
24             (3)  An insurance company licensed to do business in
25        this State when the company, under  penalty  of  perjury,
26        requests the information for the purpose of obtaining the
27        address  of another motorist or vehicle owner involved in
28        an accident with the company's insured  or  requests  the
29        information  on  an  individual  who has signed a written
30        waiver  of  this  subsection  (f-6)  or  the  individuals
31        insured under a policy if a named insured of that  policy
32        has signed a written waiver.
33             (4)  An  attorney  when  the  attorney states, under
34        penalty of perjury, that  the  motor  vehicle  registered
 
                            -22-     LRB093 03921 RLC 03958 b
 1        owner   or  driver  residential  address  information  is
 2        necessary in order to represent his or her  client  in  a
 3        criminal  or civil action which directly involves the use
 4        of the motor vehicle or vessel that is pending, is to  be
 5        filed,  or  is  being investigated. Information requested
 6        under this clause (4) is subject to all of the following:
 7                  (A)  The attorney shall state that the criminal
 8             or civil action that is pending, is to be filed,  or
 9             is being investigated relates directly to the use of
10             that motor vehicle.
11                  (B)  The  case  number, if any, or the names of
12             expected parties to the extent they are known to the
13             attorney requesting the information, shall be listed
14             on the request.
15                  (C)  A  residence  address  obtained  from  the
16             Secretary of State may not be used for  any  purpose
17             other  than  in  furtherance  of  the  case cited or
18             action to be filed or which is being investigated.
19                  (D)  If no action is filed within a  reasonable
20             time,  the  residence  address  information shall be
21             destroyed.
22                  (E)  An  attorney  may  not  request  residence
23             address information under this clause (4)  in  order
24             to sell the information to any person.
25                  (F)  Within  10  days  of receipt of a request,
26             the Secretary of State shall notify every individual
27             whose residence address  has  been  requested  under
28             this clause (4).
29        (5)  A  vehicle  manufacturer  licensed to do business in
30    this State if the manufacturer, or its agent,  under  penalty
31    of  perjury,  requests  and uses the information only for the
32    purpose of safety, warranty, emission, or product  recall  if
33    the  manufacturer  offers to make and makes any changes at no
34    cost to the vehicle owner.
 
                            -23-     LRB093 03921 RLC 03958 b
 1        (6)   A dealer licensed to do business in this  State  if
 2    the  dealer, or its agent, under penalty of perjury, requests
 3    and uses the information only for the purpose  of  completing
 4    registration transactions and documents.
 5        (7)    A  person  who, under penalty of perjury, requests
 6    and uses the information and makes a written assurance to the
 7    Secretary of State that the information will be  used  solely
 8    for  statistical  research or reporting purposes, but only if
 9    the information to be disclosed is in a form  that  will  not
10    identify  any individual and if the request specifies that no
11    persons will be contacted by mail or otherwise at the address
12    included  with  the  information  released.  The  information
13    released by the Secretary of State under this clause (7)  may
14    not  be  in  a  form that identifies any person.  Residential
15    addresses released under this clause (7) may not be used  for
16    direct  marketing  or  solicitation  for  the purchase of any
17    consumer product or service.
18        (f-7) Any registration or driver's license  record  of  a
19    person  may be suppressed from any other person, except those
20    persons  specified  in  subsection  (f-6),  if   the   person
21    requesting the suppression submits verification acceptable to
22    the Secretary of State that he or she has reasonable cause to
23    believe either of the following:
24             (1)  that he or she is the subject of stalking; and
25             (2)  that  there  exists  a threat of death or great
26        bodily injury to his or her person.
27        Upon  suppression  of  a   record,   each   request   for
28    information  about  that  record  shall  be authorized by the
29    subject of the record or  verified  as  legitimate  by  other
30    investigative  means  by  the  Secretary  of State before the
31    information is released.
32        (g) 1.  The Secretary of State may,  upon  receipt  of  a
33        written request and a fee of $6, furnish to the person or
34        agency  so  requesting  a driver's record.  Such document
 
                            -24-     LRB093 03921 RLC 03958 b
 1        may  include  a  record  of:  current  driver's   license
 2        issuance  information,  except  that  the  information on
 3        judicial driving  permits  shall  be  available  only  as
 4        otherwise  provided  by  this  Code;  convictions; orders
 5        entered revoking, suspending  or  cancelling  a  driver's
 6        license   or   privilege;   and   notations  of  accident
 7        involvement.  All  other  information,  unless  otherwise
 8        permitted   by  this  Code,  shall  remain  confidential.
 9        Information released pursuant to a request for a driver's
10        record   shall   not   contain   personally   identifying
11        information, unless the request for the  driver's  record
12        was  made for one of the purposes set forth in subsection
13        (f-5) of this Section.
14             2.  The Secretary of State may certify  an  abstract
15        of  a  driver's  record  upon  written  request therefor.
16        Such certification shall be made under the  signature  of
17        the  Secretary of State and shall be authenticated by the
18        Seal of his office.
19             3.  All  requests  for  driving  record  information
20        shall be made in a manner prescribed by the Secretary and
21        shall  set  forth  the  intended  use  of  the  requested
22        information.
23             The Secretary  of  State  may  notify  the  affected
24        driver of the request for purchase of his driver's record
25        as the Secretary deems appropriate.
26             No  information  shall  be released to the requester
27        until expiration of a 10 day period.  This 10 day  period
28        shall  not  apply to requests for information made by law
29        enforcement  officials,  government  agencies,  financial
30        institutions, attorneys, insurers, employers,  automobile
31        associated  businesses,  persons  licensed  as  a private
32        detective or firms licensed as a private detective agency
33        under the Private Detective, Private Alarm,  and  Private
34        Security  Act  of 1983, who are employed by or are acting
 
                            -25-     LRB093 03921 RLC 03958 b
 1        on  behalf  of  law  enforcement  officials,   government
 2        agencies,  financial  institutions,  attorneys, insurers,
 3        employers, automobile associated  businesses,  and  other
 4        business   entities  for  purposes  consistent  with  the
 5        Illinois Vehicle  Code,  the  affected  driver  or  other
 6        entities   as  the  Secretary  may  exempt  by  rule  and
 7        regulation.
 8             Any misrepresentation made by a requestor of  driver
 9        information  shall  be  punishable  as  a  petty offense,
10        except in the case  of  persons  licensed  as  a  private
11        detective or firms licensed as a private detective agency
12        which  shall  be  subject to disciplinary sanctions under
13        Section 22 or 25 of the Private Detective, Private Alarm,
14        and Private Security Act of 1983.
15             4.  The Secretary of State may furnish without  fee,
16        upon the written request of a law enforcement agency, any
17        information  from  a  driver's  record  on  file with the
18        Secretary of State when such information is  required  in
19        the enforcement of this Code or any other law relating to
20        the  operation  of  motor  vehicles, including records of
21        dispositions; documented information involving the use of
22        a  motor  vehicle;  whether  such  individual   has,   or
23        previously  had,  a driver's license; and the address and
24        personal  description  as  reflected  on  said   driver's
25        record.
26             5.  Except  as  otherwise  provided in this Section,
27        the  Secretary  of  State  may  furnish,   without   fee,
28        information  from  an individual driver's record on file,
29        if a written request therefor is submitted by any  public
30        transit   system   or  authority,  public  defender,  law
31        enforcement agency, a state  or  federal  agency,  or  an
32        Illinois  local  intergovernmental  association,  if  the
33        request  is  for  the  purpose  of  a background check of
34        applicants for employment with the requesting agency,  or
 
                            -26-     LRB093 03921 RLC 03958 b
 1        for the purpose of an official investigation conducted by
 2        the  agency,  or  to  determine a current address for the
 3        driver so public funds can be recovered or  paid  to  the
 4        driver,  or for any other purpose set forth in subsection
 5        (f-5) of this Section.
 6             The Secretary may also furnish the courts a copy  of
 7        an abstract of a driver's record, without fee, subsequent
 8        to  an  arrest  for  a  violation  of Section 11-501 or a
 9        similar provision of a local  ordinance.   Such  abstract
10        may   include   records   of   dispositions;   documented
11        information  involving  the  use  of  a  motor vehicle as
12        contained in the current file;  whether  such  individual
13        has,  or  previously  had,  a  driver's  license; and the
14        address and personal description  as  reflected  on  said
15        driver's record.
16             6.  Any  certified  abstract issued by the Secretary
17        of State or transmitted electronically by  the  Secretary
18        of  State  pursuant  to  this  Section,  to a court or on
19        request of a law enforcement agency, for the record of  a
20        named  person  as  to the status of the person's driver's
21        license shall  be  prima  facie  evidence  of  the  facts
22        therein stated and if the name appearing in such abstract
23        is  the  same as that of a person named in an information
24        or warrant, such abstract shall be prima  facie  evidence
25        that  the  person named in such information or warrant is
26        the same person as the person named in such abstract  and
27        shall  be  admissible for any prosecution under this Code
28        and be admitted as proof of any prior conviction or proof
29        of records, notices, or  orders  recorded  on  individual
30        driving records maintained by the Secretary of State.
31             7.  Subject  to  any  restrictions  contained in the
32        Juvenile Court Act of 1987, and upon receipt of a  proper
33        request  and  a  fee  of $6, the Secretary of State shall
34        provide a driver's record to the affected driver, or  the
 
                            -27-     LRB093 03921 RLC 03958 b
 1        affected  driver's  attorney,  upon  verification.   Such
 2        record  shall  contain all the information referred to in
 3        paragraph 1 of this subsection  (g)  plus:  any  recorded
 4        accident  involvement  as  a driver; information recorded
 5        pursuant to subsection (e) of Section 6-117 and paragraph
 6        (4) of subsection (a) of Section 6-204 of this Code.  All
 7        other information, unless  otherwise  permitted  by  this
 8        Code, shall remain confidential.
 9        (h)  The  Secretary  shall  not  disclose social security
10    numbers except pursuant to a written request by, or with  the
11    prior  written  consent  of,  the  individual  except: (1) to
12    officers and employees of the Secretary who have  a  need  to
13    know  the  social  security  numbers  in performance of their
14    official duties, (2)  to  law  enforcement  officials  for  a
15    lawful,  civil or criminal law enforcement investigation, and
16    if the head of the law enforcement agency has made a  written
17    request  to  the  Secretary  specifying  the  law enforcement
18    investigation for which the social security numbers are being
19    sought,   (3)   to   the   United   States   Department    of
20    Transportation,   or   any   other  State,  pursuant  to  the
21    administration  and  enforcement  of  the  Commercial   Motor
22    Vehicle  Safety  Act of 1986, (4)  pursuant to the order of a
23    court of competent jurisdiction, or (5) to the Department  of
24    Public  Aid  for utilization in the child support enforcement
25    duties assigned to that Department under  provisions  of  the
26    Public  Aid  Code  after the individual has received advanced
27    meaningful notification of what redisclosure is sought by the
28    Secretary in accordance with the federal Privacy Act.
29        (i)  (Blank).
30        (j)  Medical statements or medical  reports  received  in
31    the  Secretary  of  State's Office shall be confidential.  No
32    confidential information may be open to public inspection  or
33    the   contents  disclosed  to  anyone,  except  officers  and
34    employees of the Secretary  who  have  a  need  to  know  the
 
                            -28-     LRB093 03921 RLC 03958 b
 1    information  contained  in the medical reports and the Driver
 2    License Medical Advisory Board,  unless  so  directed  by  an
 3    order of a court of competent jurisdiction.
 4        (k)  All  fees collected under this Section shall be paid
 5    into the Road Fund of the State Treasury, except that  $3  of
 6    the  $6  fee  for  a  driver's  record shall be paid into the
 7    Secretary of State Special Services Fund.
 8        (l)  (Blank).
 9        (m)  Notations  of  accident  involvement  that  may   be
10    disclosed  under  this  Section  shall  not include notations
11    relating to damage to  a  vehicle  or  other  property  being
12    transported  by  a  tow truck.  This information shall remain
13    confidential, provided that nothing in  this  subsection  (m)
14    shall  limit  disclosure  of  any  notification  of  accident
15    involvement to any law enforcement agency or official.
16        (n)  Requests   made  by  the  news  media  for  driver's
17    license, vehicle, or title registration  information  may  be
18    furnished   without   charge  or  at  a  reduced  charge,  as
19    determined by the Secretary, when the  specific  purpose  for
20    requesting  the  documents  is  deemed  to  be  in the public
21    interest.  Waiver or reduction of the fee is  in  the  public
22    interest if the principal purpose of the request is to access
23    and disseminate information regarding the health, safety, and
24    welfare  or the legal rights of the general public and is not
25    for the principal purpose of gaining a personal or commercial
26    benefit. The information provided pursuant to this subsection
27    shall not contain personally identifying  information  unless
28    the  information  is  to  be  used  for  one  of the purposes
29    identified in subsection (f-5) of this Section.
30        (o)  The   redisclosure   of    personally    identifying
31    information  obtained pursuant to this Section is prohibited,
32    except to the extent necessary to effectuate the purpose  for
33    which   the   original  disclosure  of  the  information  was
34    permitted.
 
                            -29-     LRB093 03921 RLC 03958 b
 1        (p)  The Secretary of State is empowered to  adopt  rules
 2    to effectuate this Section.
 3    (Source: P.A.  91-37,  eff.  7-1-99;  91-357,  eff.  7-29-99;
 4    91-716,  eff.  10-1-00;  92-32,  eff.  7-1-01;  92-651,  eff.
 5    7-11-02.)

 6        Section  115.  The  Code of Civil Procedure is amended by
 7    changing Section 21-102 as follows:

 8        (735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
 9        Sec. 21-102. Petition.
10        (a)  The petition shall set forth the name then held, the
11    name sought to be assumed, the residence of  the  petitioner,
12    the  length of time the petitioner has resided in this State,
13    and the state or country  of  the  petitioner's  nativity  or
14    supposed  nativity.   The  petition  shall  be  signed by the
15    person petitioning or, in case of minors, by  the  parent  or
16    guardian having the legal custody of the minor.  The petition
17    shall be verified by the affidavit of some credible person.
18        (b)  When  the petition for a change of name alleges that
19    the reason for the petition is to avoid domestic violence, as
20    defined in Section 103 of the Illinois Domestic Violence  Act
21    of  1986, or stalking, as defined in Section 12-7.3 or 12-7.4
22    of the Criminal  Code  of  1961,  and  the  petitioner  is  a
23    participant  in  the  address confidentiality program created
24    under the Victims of Stalking and Domestic  Violence  Address
25    Confidentiality  Act,  the  petition, the order of the court,
26    and the  notice  of  publication  in  Section  21-103  shall,
27    instead  of  reciting  the  proposed  name, indicate that the
28    proposed name is confidential and will be on  file  with  the
29    Attorney   General   under  the  provisions  of  the  address
30    confidentiality program created under the Victims of Stalking
31    and Domestic Violence Address Confidentiality Act.
32    (Source: P.A. 87-409.)