Full Text of SB0250 99th General Assembly
SB0250sam002 99TH GENERAL ASSEMBLY | Sen. Andy Manar Filed: 5/18/2016
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| 1 | | AMENDMENT TO SENATE BILL 250
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 250 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 1A-16.6 and 1A-16.8 as follows: | 6 | | (10 ILCS 5/1A-16.6) | 7 | | Sec. 1A-16.6. Government agency voter registration. | 8 | | (a) The By April 1, 2016, the State Board of Elections | 9 | | shall establish and maintain a portal for automatic government | 10 | | agency registration that permits an eligible person to | 11 | | electronically apply to register to vote or to update his or | 12 | | her existing voter registration whenever he or she conducts | 13 | | business, either online or in person, with a designated | 14 | | government agency. The portal shall interface with the online | 15 | | voter registration system established in Section 1A-16.5 of | 16 | | this Code and shall be capable of receiving and processing |
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| 1 | | voter registration application information, including | 2 | | electronic signatures, from a designated government agency. | 3 | | The State Board of Elections shall modify the online voter | 4 | | registration system as necessary to implement this Section. | 5 | | Voter registration data received from a designated | 6 | | government agency through the online registration application | 7 | | system shall be processed as provided for in Section 1A-16.5 of | 8 | | this Code. | 9 | | Whenever the registration interface is accessible to the | 10 | | general public, including, but not limited to, online | 11 | | transactions, the interface shall allow the applicant to | 12 | | complete the process as provided for in Section 1A-16.5 of this | 13 | | Code. The online interface shall be capable of providing the | 14 | | applicant with the applicant's voter registration status with | 15 | | the State Board of Elections and, if registered, the | 16 | | applicant's current registration address. The applicant shall | 17 | | not be required to re-enter any registration data, such as | 18 | | name, address, and birth date, if the designated government | 19 | | agency already has that information on file. The applicant | 20 | | shall be informed that by choosing to register to vote or to | 21 | | update his or her existing voter registration, the applicant | 22 | | consents to the transfer of the applicant's personal | 23 | | information to the State Board of Elections. | 24 | | (a-5) Whenever an employee of a designated government | 25 | | agency serves a member of the public a government employee is | 26 | | accessing the registration system while servicing the |
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| 1 | | applicant , the agency shall inform the individual in writing of | 2 | | the qualifications to register to vote in Illinois and of the | 3 | | penalties provided by law for submission of a false voter | 4 | | registration application and shall provide an opportunity to | 5 | | attest to meeting those qualifications under penalty of | 6 | | perjury. The agency shall notify the individual that his or her | 7 | | personal information shall be transferred to the State Board of | 8 | | Elections for the purpose of creating an electronic voter | 9 | | registration application, and that the individual will only be | 10 | | registered to vote if he or she meets the qualifications to | 11 | | register to vote in Illinois. The agency shall not require the | 12 | | individual to provide duplicate information, including, but | 13 | | not limited to, any information he or she has already provided | 14 | | as part of the underlying service transaction, except for a | 15 | | signature. The agency shall inform the individual in writing | 16 | | that declining to transfer his or her personal information for | 17 | | voter registration purposes is confidential and will not affect | 18 | | any services the individual may be seeking from the agency. The | 19 | | individual shall not be required to disclose the reason for | 20 | | declining, including his or her citizenship status. After each | 21 | | transaction, the agency shall electronically transfer to the | 22 | | State Board of Elections personal information relevant to voter | 23 | | registration, including all records of documents relating to | 24 | | identity, address, and citizenship, for every applicant, | 25 | | regardless of whether or not the individual executed an | 26 | | attestation. The State Board of Elections shall electronically |
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| 1 | | transfer to the appropriate election authority all voter | 2 | | registration information required for each voter registration | 3 | | application it creates. government employee shall notify the | 4 | | applicant of the applicant's registration status with the State | 5 | | Board of Elections and, if registered, the applicant's current | 6 | | registration address. If the applicant elects to register to | 7 | | vote or to update his or her existing voter registration, the | 8 | | government employee shall collect the needed information and | 9 | | assist the applicant with his or her registration. The | 10 | | applicant shall be informed that by choosing to register to | 11 | | vote or to update his or her existing voter registration, the | 12 | | applicant consents to the transfer of the applicant's personal | 13 | | information to the State Board of Elections . | 14 | | (a-10) Upon receipt of personal information collected and | 15 | | transferred by a designated government agency, the State Board | 16 | | of Elections shall check the information against the statewide | 17 | | voter registration database. The State Board of Elections shall | 18 | | create and electronically transmit to the appropriate election | 19 | | authority a voter registration application for all individuals | 20 | | who are not registered to vote in Illinois and are not | 21 | | disqualified as provided in subsection (a-15) of this Section | 22 | | or whose information reliably indicates a more recent update to | 23 | | the name or address of a person already included in the | 24 | | statewide voter database, regardless of whether they provided | 25 | | an attestation during the agency transaction. The election | 26 | | authority shall process the application accordingly. If an |
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| 1 | | individual did not provide an attestation during the agency | 2 | | transaction, the election authority shall not treat the | 3 | | application as complete or add the individual to the voter | 4 | | registration list until the expiration of a period of time | 5 | | established by rule for declining registration. | 6 | | (a-15) If the State Board of Elections determines that | 7 | | personal information collected and transferred by the | 8 | | designated government agency includes a green card or other | 9 | | legal proof that the person is not a United States citizen, | 10 | | then the State Board of Elections shall not create a voter | 11 | | registration application and shall notify the person of the | 12 | | reason his or her voter registration application is incomplete. | 13 | | (a-20) Unless the application is incomplete pursuant to | 14 | | subsection (a-15), the State Board of Elections shall create | 15 | | and electronically transmit to the appropriate election | 16 | | authority a voter registration application for any individual | 17 | | who has attested to meeting voter registration applications. If | 18 | | the personal information collected and transferred by the | 19 | | designated government agency does not make it clear whether or | 20 | | not a person is qualified to register to vote in Illinois, the | 21 | | person's attestation that he or she is so qualified shall be | 22 | | deemed sufficient evidence of meeting qualifications to | 23 | | register to vote and the election authority shall process the | 24 | | application accordingly. | 25 | | (a-25) The appropriate election authority shall ensure | 26 | | that any applicant who is registered to vote or whose existing |
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| 1 | | voter registration is updated under this Section is promptly | 2 | | sent written notice of the change. The notice may be sent by | 3 | | electronic mail if the applicant has provided an electronic | 4 | | mail address on the voter registration form. The notice | 5 | | required by this subsection (a-25) may be sent or combined with | 6 | | other notices required or permitted by law, including, but not | 7 | | limited to, any notices sent pursuant to Section 1A-16.5 of | 8 | | this Code. Any notice required by this subsection (a-25) shall | 9 | | contain, at a minimum: | 10 | | (1) the applicant's name, date of birth, and | 11 | | residential address as reflected on the voter registration | 12 | | list; | 13 | | (2) a statement that the applicant will be registered | 14 | | to vote or will have his or her voter registration updated | 15 | | unless he or she declines registration within a period of | 16 | | time established by rule; | 17 | | (3) a statement of the qualifications to be a voter; | 18 | | (4) a statement that it is illegal for a person who is | 19 | | not qualified to be a voter to vote in an election, which | 20 | | shall be printed in larger text than the rest of the | 21 | | notice; | 22 | | (5) a statement notifying the applicant to contact the | 23 | | appropriate election authority if he or she does not meet | 24 | | the qualifications to be a voter and stating that the | 25 | | applicant does not have to provide a reason he or she is | 26 | | not qualified to vote or disclose citizenship status; |
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| 1 | | (6) a statement notifying the applicant to contact the | 2 | | appropriate election authority if his or her voter | 3 | | registration has been updated in error; | 4 | | (7) a statement notifying the applicant that he or she | 5 | | may opt out of voter registration, or request a change to | 6 | | registration information, at any time by contacting an | 7 | | election official; | 8 | | (8) a prepaid postcard allowing the applicant to opt | 9 | | out of voter registration or update his or her voter | 10 | | registration information, or directions for opting out of | 11 | | voter registration or updating voter registration | 12 | | information online; | 13 | | (9) contact information for the appropriate election | 14 | | authority, including a phone number, address, electronic | 15 | | mail address, and website address; | 16 | | (10) a statement notifying the applicant that some | 17 | | personal information related to voter registration may be | 18 | | subject to public disclosure for purposes related to the | 19 | | electoral process unless protected under an address | 20 | | confidentiality program; and | 21 | | (11) any other information necessary to fulfill the | 22 | | obligations of this Section or local, State, or federal | 23 | | law. | 24 | | (a-30) The appropriate election authority shall ensure | 25 | | that any applicant whose voter registration application is not | 26 | | accepted or deemed incomplete is promptly sent written notice |
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| 1 | | of the application's status. The notice may be sent by | 2 | | electronic mail if the applicant has provided an electronic | 3 | | mail address on the voter registration form. The notice | 4 | | required by this subsection (a-30) may be sent or combined with | 5 | | other notices required or permitted by law, including, but not | 6 | | limited to, any notices sent pursuant to Section 1A-16.5 of | 7 | | this Code. Any notice required by this subsection (a-30) shall | 8 | | contain, at a minimum, the reason the application was not | 9 | | accepted or deemed incomplete and contact information for the | 10 | | appropriate election authority including a phone number, | 11 | | address, electronic mail address, and website address. | 12 | | (a-35) If a designated government agency transfers | 13 | | information, or if the State Board of Elections creates and | 14 | | transmits a voter registration application, for a person who | 15 | | does not qualify as an eligible voter, it shall not constitute | 16 | | a completed voter registration form, and the person shall not | 17 | | be considered to have registered to vote. If the registration | 18 | | is processed by any election authority, it shall be presumed to | 19 | | have been effected and officially authorized by the State and | 20 | | that person shall not be found on that basis to have made a | 21 | | false claim to citizenship or to have committed an act of moral | 22 | | turpitude, nor shall that person be subject to penalty under | 23 | | any relevant laws, including, but not limited to, Sections | 24 | | 29-10 and 29-19 of this Code. This subsection (a-35) does not | 25 | | apply to any person who knows that he or she is ineligible to | 26 | | register to vote but who knowingly and willfully registers to |
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| 1 | | vote or attests under penalty of perjury that he or she is | 2 | | eligible to register to vote. | 3 | | (a-40) No employee of a designated government agency shall | 4 | | transmit to the State Board of Elections personal information | 5 | | for any person who applies for or is issued a temporary | 6 | | visitor's driver's license pursuant to Section 6-105.1 of the | 7 | | Illinois Vehicle Code. | 8 | | (a-45) In the event that the registration of a voter is | 9 | | changed from one address to another within the State and the | 10 | | voter appears at the polls and offers to vote from the prior | 11 | | registration address, attesting that the prior registration | 12 | | address is the true current address, the voter, if confirmed by | 13 | | the election authority as having been registered at the prior | 14 | | registration address and canceled only by the process | 15 | | authorized by this Section, shall be issued a regular ballot, | 16 | | and the change of registration address shall be canceled. If | 17 | | the election authority is unable to immediately confirm the | 18 | | registration, the voter shall be permitted to register and vote | 19 | | a regular ballot, provided that he or she meets the documentary | 20 | | requirements for same-day registration. If the election | 21 | | authority is unable to confirm the registration and the voter | 22 | | does not meet the requirements for same-day registration, the | 23 | | voter shall be issued a provisional ballot and the provisional | 24 | | ballot shall be counted as provided for under Article 18A of | 25 | | this Code. No voter shall be disqualified from voting due to an | 26 | | error relating to an update of registration made under this |
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| 1 | | Section. | 2 | | (a-50) In accordance with technical specifications | 3 | | provided by the State Board of Elections, each designated | 4 | | government agency shall maintain a data transfer mechanism | 5 | | capable of transmitting voter registration application | 6 | | information, including electronic signatures where available, | 7 | | to the online voter registration system established in Section | 8 | | 1A-16.5 of this Code. Each designated government agency shall | 9 | | establish and operate a voter registration system capable of | 10 | | transmitting voter registration application information to the | 11 | | portal as described in this Section by July 1, 2016. | 12 | | (b) Whenever an applicant's data is transferred from a | 13 | | designated government agency, the agency must transmit a | 14 | | signature image if available. If no signature image was | 15 | | provided by the agency or if no signature image is available in | 16 | | the Secretary of State's database or the statewide voter | 17 | | registration database, the applicant must be notified that | 18 | | their registration will remain in a pending status and the | 19 | | applicant will be required to provide identification and a | 20 | | signature to the election authority on Election Day in the | 21 | | polling place or during early voting. | 22 | | (b-5) The State Board of Elections and designated | 23 | | government agencies shall implement policies and procedures to | 24 | | protect the privacy and security of voter information as it is | 25 | | acquired, stored, and transmitted among agencies, including | 26 | | policies for the retention and preservation of voter |
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| 1 | | information. Information designated as confidential under this | 2 | | Section may be recorded and shared among the State Board of | 3 | | Elections, election authorities, and designated government | 4 | | agencies, but shall be used only for voter registration | 5 | | purposes, shall not be disclosed to the public except in the | 6 | | aggregate as required by subsection (d) of this Section, and | 7 | | shall not be subject to the Freedom of Information Act. The | 8 | | following information shall be designated as confidential: any | 9 | | portion of an applicant's Social Security number, any portion | 10 | | of an applicant's motor vehicle driver's license number or | 11 | | State identification number, an applicant's decision to | 12 | | decline voter registration, the identity of the designated | 13 | | government agency providing information relating to a specific | 14 | | applicant, and the personal residence and contact information | 15 | | of any applicant for whom local, State, or federal law requires | 16 | | confidentiality, including, but not limited to, a victim of | 17 | | domestic violence pursuant to the Address Confidentiality for | 18 | | Victims of Domestic Violence Act or a victim of stalking | 19 | | pursuant to the Stalking No Contact Order Act. This subsection | 20 | | (b-5) shall not apply to information the State Board of | 21 | | Elections is required to share with the Electronic Registration | 22 | | Information Center. | 23 | | (c) The voter registration procedures implemented under | 24 | | this Section shall comport with the federal National Voter | 25 | | Registration Act of 1993, as amended, and shall specifically | 26 | | require that the The State Board of Elections shall track |
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| 1 | | registration data received through the online registration | 2 | | system that originated from a designated government agency for | 3 | | the purposes of maintaining statistics required by the federal | 4 | | National Voter Registration Act of 1993, as amended . | 5 | | (c-5) No later than September 1, 2016, designated | 6 | | government agencies under this Section shall transfer all | 7 | | personal information contained in relevant agency databases | 8 | | and collected since September 1, 2015 to the State Board of | 9 | | Elections for cross-reference against the statewide voter | 10 | | registration database. The State Board of Elections shall | 11 | | create voter registration applications for all persons who are | 12 | | not registered to vote in Illinois and are not disqualified as | 13 | | provided in subsection (a-15) of this Section or whose records | 14 | | indicate a more recent update to an existing voter | 15 | | registration, and shall transmit these voter registration | 16 | | applications to the appropriate election authorities for | 17 | | processing and registration. | 18 | | (d) The State Board of Elections shall submit an annual | 19 | | public a report to the General Assembly and the Governor by | 20 | | December 1, 2015 detailing the progress made to implement the | 21 | | government agency voter registration portal described in this | 22 | | Section. The report shall include all of the following: the | 23 | | number of records transferred under this Section by agency, the | 24 | | number of voters newly added to the statewide voter | 25 | | registration list because of records transferred under this | 26 | | Section by agency, the number of updated registrations under |
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| 1 | | this Section by agency, the number of persons who opted out of | 2 | | voter registration, and the number of voters who submitted | 3 | | voter registration forms using the online procedure described | 4 | | in Section 1A-16.5 of this Code. Any report produced under this | 5 | | subsection (d) shall exclude any information that identifies | 6 | | any individual personally. | 7 | | (d-5) The State Board of Elections, each election authority | 8 | | that maintains a website, and each designated government agency | 9 | | that maintains a website shall provide information on their | 10 | | websites informing the public about the new registration | 11 | | procedures described in this Section. Each designated | 12 | | government agency shall display signage or provide literature | 13 | | for the public containing information about the new | 14 | | registration procedures described in this Section. | 15 | | (d-10) No later than January 1, 2017, the State Board of | 16 | | Elections shall hold at least one public hearing on | 17 | | implementing this amendatory Act of the 99th General Assembly | 18 | | at which the public may provide input. | 19 | | (e) The State Board of Elections, in consultation with | 20 | | election authorities, the Secretary of State, designated | 21 | | government agencies, and community organizations, shall adopt | 22 | | rules as necessary to implement the provisions of this Section | 23 | | , in consultation with the impacted agencies . | 24 | | (e-5) Subsection (c-5) of this Section shall be implemented | 25 | | no later than September 1, 2016. Subsections (a-5) through | 26 | | (a-45) and subsection (b-5) of this Section shall be |
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| 1 | | implemented no later than July 1, 2017 for all designated | 2 | | government agencies maintained by the Secretary of State and no | 3 | | later than January 1, 2018 for all other designated government | 4 | | agencies. | 5 | | (f) As used in this Section, a "designated government | 6 | | agency" means the Secretary of State's Driver Services and | 7 | | Vehicle Services Departments, the Department of Human | 8 | | Services, the Department of Healthcare and Family Services, the | 9 | | Department of Employment Security, and the Department on Aging , | 10 | | any federal source that agrees to submit personal | 11 | | identification information to the State for voter registration | 12 | | purposes, and any other reliable State government source the | 13 | | State Board of Elections may designate .
| 14 | | (Source: P.A. 98-1171, eff. 6-1-15 .) | 15 | | (10 ILCS 5/1A-16.8) | 16 | | Sec. 1A-16.8. Automatic transfer of registration based | 17 | | upon information from the National Change of Address database | 18 | | and designated government agencies, as defined in Section | 19 | | 1A-16.6 of this Code . The State Board of Elections shall | 20 | | cross-reference the statewide voter registration database | 21 | | against the United States Postal Service's National Change of | 22 | | Address database twice each calendar year, April 15 and October | 23 | | 1 in odd-numbered years and April 15 and December 1 in | 24 | | even-numbered years, and shall share the findings with the | 25 | | election authorities. In addition, beginning no later than |
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| 1 | | September 1, 2016, the State Board of Elections shall utilize | 2 | | data provided as part of its membership in the Electronic | 3 | | Registration Information Center in order to cross-reference | 4 | | the statewide voter registration database against databases of | 5 | | relevant personal information kept by designated government | 6 | | agencies, including, but not limited to, driver's license | 7 | | information kept by the Secretary of State, at least 6 times | 8 | | each calendar year and shall share the findings with election | 9 | | authorities. An election authority shall automatically | 10 | | register any voter who has moved into its jurisdiction from | 11 | | another jurisdiction in Illinois or has moved within its | 12 | | jurisdiction provided that: | 13 | | (1) the election authority whose jurisdiction includes | 14 | | the new registration address provides the voter an | 15 | | opportunity to reject the change in registration address | 16 | | through a mailing, sent by non-forwardable mail, to the new | 17 | | registration address, and | 18 | | (2) when the election authority whose jurisdiction | 19 | | includes the previous registration address is a different | 20 | | election authority, then that election authority provides | 21 | | the same opportunity through a mailing, sent by forwardable | 22 | | mail, to the previous registration address. | 23 | | This change in registration shall trigger the same | 24 | | inter-jurisdictional or intra-jurisdictional workflows as if | 25 | | the voter completed a new registration card, including the | 26 | | cancellation of the voter's previous registration. Should the |
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| 1 | | registration of a voter be changed from one address to another | 2 | | within the State and should the voter appear at the polls and | 3 | | offer to vote from the prior registration address, attesting | 4 | | that the prior registration address is the true current | 5 | | address, the voter, if confirmed by the election authority as | 6 | | having been registered at the prior registration address and | 7 | | canceled only by the process authorized by this Section, shall | 8 | | be issued a regular ballot, and the change of registration | 9 | | address shall be canceled. If the election authority is unable | 10 | | to immediately confirm the registration, the voter shall be | 11 | | permitted to register and vote a regular ballot, provided that | 12 | | he or she meets the documentary requirements for same-day | 13 | | registration. If the election authority is unable to confirm | 14 | | the registration and the voter does not meet the requirements | 15 | | for same-day registration, the voter shall be issued a | 16 | | provisional ballot and the provisional ballot shall be counted | 17 | | as provided under Article 18A of this Code . No voter shall be | 18 | | disqualified from voting due to an error relating to an update | 19 | | of registration under this Section.
| 20 | | (Source: P.A. 98-1171, eff. 6-1-15 .) | 21 | | Section 10. The Illinois Vehicle Code is amended by | 22 | | changing Section 2-105 as follows:
| 23 | | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
| 24 | | Sec. 2-105. Offices of Secretary of State. |
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| 1 | | (a) The Secretary of State shall maintain offices in the | 2 | | State capital and
in such other places in the State as he may | 3 | | deem necessary to properly
carry out the powers and duties | 4 | | vested in him.
| 5 | | (b) The Secretary of State may construct and equip one or | 6 | | more buildings in
the State of Illinois outside of the County | 7 | | of Sangamon as he deems
necessary to properly carry out the | 8 | | powers and duties vested in him. The
Secretary of State may, on | 9 | | behalf of the State of Illinois, acquire public
or private | 10 | | property needed therefor by lease, purchase or eminent domain.
| 11 | | The care, custody and control of such sites and buildings | 12 | | constructed
thereon shall be vested in the Secretary of State. | 13 | | Expenditures for the
construction and equipping of any of such | 14 | | buildings upon premises owned by
another public entity shall | 15 | | not be subject to the provisions of any State
law requiring | 16 | | that the State be vested with absolute fee title to the
| 17 | | premises. The exercise of the authority vested in the Secretary | 18 | | of State by
this Section is subject to the appropriation of the | 19 | | necessary funds.
| 20 | | (c) Pursuant to Sections 1A-16.6 and Section 1A-25 of the | 21 | | Election Code,
the Secretary of State shall make driver | 22 | | services facilities available for use as places of accepting | 23 | | applications for voter registration.
| 24 | | (d) (Blank).
| 25 | | (e) Each person applying at a driver services facility for | 26 | | a driver's
license or permit, a corrected driver's license or |
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| 1 | | permit, an Illinois
identification card or a corrected Illinois | 2 | | identification card
shall be notified , under the procedures set | 3 | | forth in Section 1A-16.6 of the Election Code, that unless he | 4 | | or she opts out that the person shall be registered may apply | 5 | | to register to vote , and if his or her address has changed, his | 6 | | or her voter registration information shall be updated to the | 7 | | new address within this State at such station and may also | 8 | | apply to
transfer his or her voter registration at such station | 9 | | to a different address in the
State . Such notification may be | 10 | | made in
writing or verbally issued by an employee or the | 11 | | Secretary of State.
| 12 | | The Secretary of State shall promulgate such rules as may | 13 | | be necessary
for the efficient execution of his duties and the | 14 | | duties of his employees
under this Section.
| 15 | | (f) Any person applying at a driver services facility for | 16 | | issuance or renewal of a driver's license or Illinois | 17 | | Identification Card shall be provided, without charge, with a | 18 | | brochure warning the person of the dangers of financial | 19 | | identity theft. The Department of Financial and Professional | 20 | | Regulation shall prepare these brochures and provide them to | 21 | | the Secretary of State for distribution. The brochures shall | 22 | | (i) identify signs warning the reader that he or she might be | 23 | | an intended victim of the crime of financial identity theft, | 24 | | (ii) instruct the reader in how to proceed if the reader | 25 | | believes that he or she is the victim of the crime of identity | 26 | | theft, and (iii) provide the reader with names and telephone |
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| 1 | | numbers of law enforcement and other governmental agencies that | 2 | | provide assistance to victims of financial identity theft. | 3 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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