Full Text of SB0225 102nd General Assembly
SB0225enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Identification Card Act is amended | 5 | | by changing Section 11 as follows:
| 6 | | (15 ILCS 335/11) (from Ch. 124, par. 31)
| 7 | | Sec. 11. Records. | 8 | | (a) The Secretary may make a search of his records and | 9 | | furnish
information as to whether a person has a current | 10 | | Standard Illinois
Identification Card or an Illinois Person | 11 | | with a Disability Identification Card then on
file, upon | 12 | | receipt of a written application therefor accompanied with the
| 13 | | prescribed fee. However, the Secretary may not disclose | 14 | | medical
information concerning an individual to any person, | 15 | | public agency, private
agency, corporation or governmental | 16 | | body unless the individual has
submitted a written request for | 17 | | the information or unless the individual
has given prior | 18 | | written consent for the release of the information to a
| 19 | | specific person or entity. This exception shall not apply to: | 20 | | (1) offices
and employees of the Secretary who have a need to | 21 | | know the medical
information in performance of their official | 22 | | duties, or (2) orders of a
court of competent jurisdiction. | 23 | | When medical information is disclosed by
the Secretary in |
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| 1 | | accordance with the provisions of this Section, no
liability | 2 | | shall rest with the Office of the Secretary of State as the
| 3 | | information is released for informational purposes only. | 4 | | (b) Except as otherwise provided in this Section, the The | 5 | | Secretary may release personally identifying information only | 6 | | to: | 7 | | (1) officers and employees of the Secretary who have a | 8 | | need to know that information for issuance of driver's | 9 | | licenses, permits, or identification cards and | 10 | | investigation of fraud or misconduct; | 11 | | (2) other governmental agencies for use in their | 12 | | official governmental functions; | 13 | | (3) law enforcement agencies for a criminal or civil | 14 | | investigation; | 15 | | (3-5) the State Board of Elections as may be required | 16 | | by an agreement the State Board of Elections has entered | 17 | | into with a multi-state voter registration list | 18 | | maintenance system; or | 19 | | (4) any entity that the Secretary has authorized, by | 20 | | rule. | 21 | | (c) Except as otherwise provided in this Section, the The | 22 | | Secretary may release highly restricted personal information | 23 | | only to: | 24 | | (1) officers and employees of the Secretary who have a | 25 | | need to access the information for the issuance of | 26 | | driver's licenses, permits, or identification cards and |
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| 1 | | investigation of fraud or misconduct; | 2 | | (2) law enforcement officials for a criminal or civil | 3 | | law enforcement investigation; | 4 | | (3) the State Board of Elections for the purpose of | 5 | | providing the signature for completion of voter | 6 | | registration; or | 7 | | (4) any other entity the Secretary has authorized by | 8 | | rule. | 9 | | (d) Documents required to be submitted with an application | 10 | | for an identification card to prove the applicant's identity | 11 | | (name and date of birth), social security number, written | 12 | | signature, residency, and, as applicable, proof of lawful | 13 | | status shall be confidential and shall not be disclosed except | 14 | | to the following persons: | 15 | | (1) the individual to whom the identification card was | 16 | | issued, upon written request; | 17 | | (2) officers and employees of the Secretary of State | 18 | | who have a need to have access to the stored images for | 19 | | purposes of issuing and controlling driver's licenses, | 20 | | permits, or identification cards and investigation of | 21 | | fraud or misconduct; | 22 | | (3) law enforcement officials for a civil or criminal | 23 | | law enforcement investigation; | 24 | | (4) other entities that the Secretary may authorize by | 25 | | rule. | 26 | | (e) The Secretary may not disclose an individual's social |
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| 1 | | security number or any associated information obtained from | 2 | | the Social Security Administration without the written request | 3 | | or consent of the individual except: (i) to officers and | 4 | | employees of the Secretary who have a need to know the social | 5 | | security number in the performance of their official duties; | 6 | | (ii) to law enforcement officials for a civil or criminal law | 7 | | enforcement investigation if an officer of the law enforcement | 8 | | agency has made a written request to the Secretary specifying | 9 | | the law enforcement investigation for which the social | 10 | | security number is being sought; (iii) under a lawful court | 11 | | order signed by a judge; (iv) to the Illinois Department of | 12 | | Veterans' Affairs for the purpose of confirming veteran status | 13 | | to agencies in other states responsible for the issuance of | 14 | | state identification cards for participation in State-to-State | 15 | | verification service; or (v) the last 4 digits to the Illinois | 16 | | State Board of Elections for purposes of voter registration | 17 | | and as may be required pursuant to an agreement for a | 18 | | multi-state voter registration list maintenance system. The | 19 | | Secretary retains the right to require additional verification | 20 | | regarding the validity of a request from law enforcement. If | 21 | | social security information is disclosed by the Secretary in | 22 | | accordance with this Section, no liability shall rest with the | 23 | | Office of the Secretary of State or any of its officers or | 24 | | employees, as the information is released for official | 25 | | purposes only.
| 26 | | (f) The Secretary of State shall not provide facial |
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| 1 | | recognition search services or photographs obtained in the | 2 | | process of issuing an identification card to any federal, | 3 | | State, or local law enforcement agency or other governmental | 4 | | entity for the purpose of enforcing federal immigration laws. | 5 | | This subsection shall not apply to requests from federal, | 6 | | State, or local law enforcement agencies or other governmental | 7 | | entities for facial recognition search services or photographs | 8 | | obtained in the process of issuing a driver's license or | 9 | | permit when the purpose of the request relates to criminal | 10 | | activity other than violations of immigration laws. | 11 | | (Source: P.A. 101-326, eff. 8-9-19.)
| 12 | | Section 10. The Illinois Vehicle Code is amended by | 13 | | changing Section 6-110.1 as follows:
| 14 | | (625 ILCS 5/6-110.1)
| 15 | | Sec. 6-110.1. Confidentiality of captured photographs or | 16 | | images. | 17 | | (a) The
Secretary of State shall maintain a file on or | 18 | | contract to file all photographs
and signatures obtained in | 19 | | the process of issuing a driver's license, permit,
or | 20 | | identification card. Except as otherwise provided in this | 21 | | Section, the The photographs and signatures shall be | 22 | | confidential
and shall not be disclosed except to the | 23 | | following persons:
| 24 | | (1) the individual upon written request;
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| 1 | | (2) officers and employees of the Secretary of State | 2 | | who have a need
to have access to the stored images for | 3 | | purposes of issuing and controlling
driver's licenses, | 4 | | permits, or identification cards and investigation of | 5 | | fraud or misconduct;
| 6 | | (3) law enforcement officials for a civil or criminal
| 7 | | law enforcement investigation;
| 8 | | (3-5) the State Board of Elections for the sole | 9 | | purpose of providing the signatures required by a local | 10 | | election authority to register a voter through an online | 11 | | voter registration system; | 12 | | (3-10) officers and employees of the Secretary of | 13 | | State who have a need to have access to the stored images | 14 | | for purposes of issuing and controlling notary public | 15 | | commissions and for the purpose of providing the | 16 | | signatures required to process online applications for | 17 | | appointment and commission as notaries public; or | 18 | | (4) other entities that the Secretary may authorize by | 19 | | rule.
| 20 | | (b) The Secretary of State shall not provide facial | 21 | | recognition search services or photographs obtained in the | 22 | | process of issuing a driver's license or permit to any | 23 | | federal, State, or local law enforcement agency or other | 24 | | governmental entity for the purpose of enforcing federal | 25 | | immigration laws. This subsection shall not apply to requests | 26 | | from federal, State, or local law enforcement agencies or |
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| 1 | | other governmental entities for facial recognition search | 2 | | services or photographs obtained in the process of issuing a | 3 | | driver's license or permit when the purpose of the request | 4 | | relates to criminal activity other than violations of | 5 | | immigration laws. | 6 | | (Source: P.A. 101-326, eff. 8-9-19.)
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| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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