HB5669 96TH GENERAL ASSEMBLY

LRB096 19999 AJT 35486 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5669

Introduced 2/9/2010, by Rep. Tom Cross - Timothy L. Schmitz

SYNOPSIS AS INTRODUCED:

New Act

Creates the Secretary of State Special Needs Alert Act. Establishes the special needs alert database to ensure persons with disabilities, special needs, or both have the same access to public safety services as provided to all citizens. Provides that the special needs alert database shall be connected to the Secretary of State vehicle, driver, and identification card database in a manner that allows public safety workers to access information relating to the disability or special need of individual. Provides that any person holding a vehicle registration, State identification card, driver's license, instruction permit, or any other type of driving permit issued by the Secretary of State shall be afforded the opportunity to provide the Secretary of State, in a manner and form designated by the Secretary of State, disability or special needs information relating to the holder or any disabled or special needs individual that does not hold identification issued by the Secretary of State and for which the holder is the primary caregiver. Provides that the Secretary of State shall adopt rules to implement this Act. Contains provisions concerning data control and accessibility, confidentiality, liability, and duration, among others. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public safety.

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

Section 1. Short title. This Act may be cited as the Secretary of State Special Needs Alert Act.

Section 5. Purpose. It is the policy of the State of Illinois to ensure that consistently high levels of public safety services are available to all members of the State, including people who may require special consideration in order to access services. This Act shall seek to afford people with disabilities or special needs or both the same access to public safety services provided to all citizens. It is the intent of this Act to offer guidance and direction to public safety workers in responding to and assisting those people with special needs, disabilities, or both with whom they will have contact in the performance of their duties and responsibilities. The ability to effectively deal with disabled or special needs individuals is enhanced with knowledge or information. The ability to identify disabled or special needs individuals, their places of employment, educational facilities, and residences are valuable resources in instances when or if an emergency response by law enforcement or fire protection personnel or both are needed.

Section 10. Definitions. As used in this Act:

"Disability" means an individual's physical or mental impairment that substantially limits one or more of the major life activities; a record of such impairment; or when the individual is regarded as having such an impairment.

"Special needs individuals" means those individuals who have or are at increased risk for a chronic physical, developmental, behavioral, or emotional condition and who also require health and related services of a type or amount beyond that required by individuals generally.

"Public safety worker" means a person employed by this State or a political subdivision thereof that provides firefighting, law enforcement, medical, or other emergency services.

"Secretary of State identification database" means any database maintained by the Secretary of State that is accessible by a public safety worker and contains information identifying persons who hold: a vehicle registration; a driver's license, instruction permit, or any other type of driving permit; or a State identification card.

"Special needs alert database" means a database of disabled or special needs individuals maintained by the Secretary of State that is connected to Secretary of State identification database in a manner that allows public safety workers to access information relating to the disability or special need of the individual.

Section 15. Special needs alert database.

(a) The Secretary of State shall establish a special needs alert database of persons with a disability or special needs who hold a vehicle registration, State identification card, driver's license, instruction permit, or any other type of driving permit issued by the Secretary of State. The special needs alert database shall be connected to the Secretary of State identification database in a manner that allows public safety workers to access information relating to the disability or special need of individuals.

(b) The Secretary of State shall make reasonable efforts to publicize the special needs alert database. The means of publicizing the database shall include, but are not limited to, pamphlets and websites.

(c) Any person holding a vehicle registration, State identification card, driver's license, instruction permit, or any other type of driving permit issued by the Secretary of State shall be afforded the opportunity to provide the Secretary of State, in a manner and form designated by the Secretary of State, disability or special needs information relating to the holder or any disabled or special needs individual that does not hold identification issued by the Secretary of State and for which the holder is the primary caregiver.

(d) The Secretary shall adopt rules to implement this Section. At a minimum, the rules shall address all of the following:

(1) the method whereby a holder may provide the Secretary of State with disability or special needs information;

(2) the method whereby a holder may provide the Secretary of State with a change to the disability or special needs information; and

(3) any other aspect of the database or its operation that the Secretary determines is necessary to implement this Section.

Section 20. Data accessibility. When disability or special needs information is accessed in any Secretary of State database, a public safety worker shall relay the information to other public safety workers when the information relevant in assisting the public safety needs of the disabled or special needs individual.

Section 24. Data control. Any person designated by the Secretary of State to control data entered into the special needs alert database shall develop policies and procedures for the control of such data.

Section 25. Confidentiality. The information contained in the special needs alert database shall remain strictly confidential. Information in the special needs alert database shall be accessible only to employees of the Office of the Secretary of State or public safety workers employed by this State or any political subdivision thereof. The information shall be used only to provide assistance to public safety workers. No public safety worker shall knowingly violate this Section. Citizens who believe their health privacy rights have been violated may file a complaint with the U.S. Department of Health and Human Services (DHHS) via the Office of Civil Rights (OCR).

Section 30. No waiver. Nothing in this Act shall be construed as a waiver of any right of privacy in any law relating to the confidentiality or privacy of personal information or medical records, including provisions under the Federal Health Insurance Portability and Accountability Act (HIPAA).

Section 35. Liability. Except for willful or wanton misconduct, a public safety worker shall not be subject to civil liabilities for duties relating to the reporting of special needs individuals.

Section 40. Citizen advisory. Citizens electing to provide disability or special needs information pursuant to this Act must be advised that the provision of disability or special needs information will not result in preferential treatment.

Section 45. Duration of Act. The establishment and continued existence of the special needs alert database shall be based on funding availability.

Section 999. Effective date. This Act takes effect upon becoming law.