97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3378

 

Introduced 2/7/2012, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-117  from Ch. 95 1/2, par. 6-117

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning records to be kept by the Secretary of State.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-117 as follows:
 
6    (625 ILCS 5/6-117)  (from Ch. 95 1/2, par. 6-117)
7    Sec. 6-117. Records to be kept by the Secretary of State.
8    (a) The The Secretary of State shall file every application
9for a license or permit accepted under this Chapter, and shall
10maintain suitable indexes thereof. The records of the Secretary
11of State shall indicate the action taken with respect to such
12applications.
13    (b) The Secretary of State shall maintain appropriate
14records of all licenses and permits refused, cancelled,
15disqualified, revoked, or suspended and of the revocation,
16suspension, and disqualification of driving privileges of
17persons not licensed under this Chapter, and such records shall
18note the reasons for such action.
19    (c) The Secretary of State shall maintain appropriate
20records of convictions reported under this Chapter. Records of
21conviction may be maintained in a computer processible medium.
22    (d) The Secretary of State may also maintain appropriate
23records of any accident reports received.

 

 

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1    (e) The Secretary of State shall also maintain appropriate
2records of any disposition of supervision or records relative
3to a driver's referral to a driver remedial or rehabilitative
4program, as required by the Secretary of State or the courts.
5Such records shall only be available for use by the Secretary,
6the driver licensing administrator of any other state, law
7enforcement agencies, the courts, and the affected driver or,
8upon proper verification, such affected driver's attorney.
9    (f) The Secretary of State shall also maintain or contract
10to maintain appropriate records of all photographs and
11signatures obtained in the process of issuing any driver's
12license, permit, or identification card. The record shall be
13confidential and shall not be disclosed except to those
14entities listed under Section 6-110.1 of this Code.
15    (g) The Secretary of State may establish a First Person
16Consent organ and tissue donor registry in compliance with
17subsection (b-1) of Section 5-20 of the Illinois Anatomical
18Gift Act, as follows:
19        (1) The Secretary shall offer, to each applicant for
20    issuance or renewal of a driver's license or identification
21    card who is 18 years of age or older, the opportunity to
22    have his or her name included in the First Person Consent
23    organ and tissue donor registry. The Secretary must advise
24    the applicant or licensee that he or she is under no
25    compulsion to have his or her name included in the
26    registry. An individual who agrees to having his or her

 

 

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1    name included in the First Person Consent organ and tissue
2    donor registry has given full legal consent to the donation
3    of any of his or her organs or tissue upon his or her
4    death. A brochure explaining this method of executing an
5    anatomical gift must be given to each applicant for
6    issuance or renewal of a driver's license or identification
7    card. The brochure must advise the applicant or licensee
8    (i) that he or she is under no compulsion to have his or
9    her name included in this registry and (ii) that he or she
10    may wish to consult with family, friends, or clergy before
11    doing so.
12        (2) The Secretary of State may establish additional
13    methods by which an individual may have his or her name
14    included in the First Person Consent organ and tissue donor
15    registry.
16        (3) When an individual has agreed to have his or her
17    name included in the First Person Consent organ and tissue
18    donor registry, the Secretary of State shall note that
19    agreement in the First Person consent organ and tissue
20    donor registry. Representatives of federally designated
21    organ procurement agencies and tissue banks and the offices
22    of Illinois county coroners and medical examiners may
23    inquire of the Secretary of State whether a potential organ
24    donor's name is included in the First Person Consent organ
25    and tissue donor registry, and the Secretary of State may
26    provide that information to the representative.

 

 

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1        (4) An individual may withdraw his or her consent to be
2    listed in the First Person Consent organ and tissue donor
3    registry maintained by the Secretary of State by notifying
4    the Secretary of State in writing, or by any other means
5    approved by the Secretary, of the individual's decision to
6    have his or her name removed from the registry.
7        (5) The Secretary of State may undertake additional
8    efforts, including education and awareness activities, to
9    promote organ and tissue donation.
10        (6) In the absence of gross negligence or willful
11    misconduct, the Secretary of State and his or her employees
12    are immune from any civil or criminal liability in
13    connection with an individual's consent to be listed in the
14    organ and tissue donor registry.
15(Source: P.A. 94-75, eff. 1-1-06; 95-382, eff. 8-23-07;
1695-1034, eff. 2-17-09.)