Full Text of SB0250 99th General Assembly
SB0250enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 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 | 17 | | voter registration application information, including | 18 | | electronic signatures, from a designated government agency. | 19 | | The State Board of Elections shall modify the online voter | 20 | | registration system as necessary to implement this Section. | 21 | | Voter registration data received from a designated | 22 | | government agency through the online registration application | 23 | | system shall be processed as provided for in Section 1A-16.5 of |
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| 1 | | this Code. | 2 | | Whenever the registration interface is accessible to the | 3 | | general public, including, but not limited to, online | 4 | | transactions, the interface shall allow the applicant to | 5 | | complete the process as provided for in Section 1A-16.5 of this | 6 | | Code. The online interface shall be capable of providing the | 7 | | applicant with the applicant's voter registration status with | 8 | | the State Board of Elections and, if registered, the | 9 | | applicant's current registration address. The applicant shall | 10 | | not be required to re-enter any registration data, such as | 11 | | name, address, and birth date, if the designated government | 12 | | agency already has that information on file. The applicant | 13 | | shall be informed that by choosing to register to vote or to | 14 | | update his or her existing voter registration, the applicant | 15 | | consents to the transfer of the applicant's personal | 16 | | information to the State Board of Elections. | 17 | | (a-5) Whenever an employee of a designated government | 18 | | agency serves a member of the public a government employee is | 19 | | accessing the registration system while servicing the | 20 | | applicant , the agency shall inform the individual in writing of | 21 | | the qualifications to register to vote in Illinois and of the | 22 | | penalties provided by law for submission of a false voter | 23 | | registration application and shall provide an opportunity to | 24 | | attest to meeting those qualifications under penalty of | 25 | | perjury. The agency shall notify the individual that his or her | 26 | | personal information shall be transferred to the State Board of |
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| 1 | | Elections for the purpose of creating an electronic voter | 2 | | registration application, and that the individual will only be | 3 | | registered to vote if he or she meets the qualifications to | 4 | | register to vote in Illinois. The agency shall not require the | 5 | | individual to provide duplicate information, including, but | 6 | | not limited to, any information he or she has already provided | 7 | | as part of the underlying service transaction, except for a | 8 | | signature. The agency shall inform the individual in writing | 9 | | that declining to transfer his or her personal information for | 10 | | voter registration purposes is confidential and will not affect | 11 | | any services the individual may be seeking from the agency. The | 12 | | agency shall inform the individual that the identity of the | 13 | | designated government agency transferring voter registration | 14 | | information is confidential. The individual shall not be | 15 | | required to disclose the reason for declining, including his or | 16 | | her citizenship status. The agency shall collect all needed | 17 | | information for voter registration. After each transaction, | 18 | | the agency shall electronically transfer to the State Board of | 19 | | Elections personal information relevant to voter registration, | 20 | | including all records of documents relating to identity, | 21 | | address, and citizenship. The Secretary of State's Driver | 22 | | Services Department shall send this information to the State | 23 | | Board of Elections for every applicant, regardless of whether | 24 | | or not the individual attested to his or her eligibility to | 25 | | register to vote. All other designated government agencies | 26 | | shall send this information to the State Board of Elections |
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| 1 | | only if the individual attested that he or she is eligible to | 2 | | register to vote. The State Board of Elections shall | 3 | | electronically transfer to the appropriate election authority | 4 | | all voter registration information required for each voter | 5 | | registration application it creates government employee shall | 6 | | notify the applicant of the applicant's registration status | 7 | | with the State Board of Elections and, if registered, the | 8 | | applicant's current registration address. If the applicant | 9 | | elects to register to vote or to update his or her existing | 10 | | voter registration, the government employee shall collect the | 11 | | needed information and assist the applicant with his or her | 12 | | registration. The applicant shall be informed that by choosing | 13 | | to register to vote or to update his or her existing voter | 14 | | registration, the applicant consents to the transfer of the | 15 | | applicant's personal information to the State Board of | 16 | | Elections . | 17 | | (a-10) Upon receipt of personal information collected and | 18 | | transferred by a designated government agency, the State Board | 19 | | of Elections shall check the information against the statewide | 20 | | voter registration database. The State Board of Elections shall | 21 | | create and electronically transmit to the appropriate election | 22 | | authority a voter registration application for any individual | 23 | | who is not registered to vote in Illinois and is not | 24 | | disqualified as provided in subsection (a-15) of this Section | 25 | | or whose information reliably indicates a more recent update to | 26 | | the name or address of a person already included in the |
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| 1 | | statewide voter database, regardless of whether the individual | 2 | | attested to his or her eligibility to register to vote during | 3 | | the agency transaction. The election authority shall process | 4 | | the application accordingly. | 5 | | (a-15) If the State Board of Elections determines that | 6 | | personal information collected and transferred by the | 7 | | designated government agency of an individual who attested to | 8 | | his or her eligibility to register to vote includes a green | 9 | | card or other legal proof that the person is not a United | 10 | | States citizen, then the State Board of Elections shall not | 11 | | create a voter registration application and shall notify the | 12 | | person of the reason his or her voter registration application | 13 | | is incomplete. | 14 | | (a-20) Unless the application is incomplete pursuant to | 15 | | subsection (a-15), the State Board of Elections shall create | 16 | | and electronically transmit to the appropriate election | 17 | | authority a voter registration application for any individual | 18 | | who has attested to meeting voter eligibility requirements. If | 19 | | the personal information collected and transferred by the | 20 | | designated government agency does not make it clear whether or | 21 | | not a person is qualified to register to vote in Illinois, then | 22 | | the person's attestation that he or she is so qualified shall | 23 | | be deemed sufficient evidence of meeting qualifications to | 24 | | register to vote and the election authority shall process the | 25 | | application accordingly. | 26 | | (a-25) The appropriate election authority shall ensure |
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| 1 | | that any applicant who is registered to vote or whose existing | 2 | | voter registration is updated under this Section is promptly | 3 | | sent written notice of the change. The notice may be sent by | 4 | | electronic mail if the applicant has provided an electronic | 5 | | mail address on the voter registration form. The notice | 6 | | required by this subsection (a-25) may be sent or combined with | 7 | | other notices required or permitted by law, including, but not | 8 | | limited to, any notices sent pursuant to Section 1A-16.5 of | 9 | | this Code. Any notice required by this subsection (a-25) shall | 10 | | contain, at a minimum: | 11 | | (1) the applicant's name, date of birth, and | 12 | | residential address as reflected on the voter registration | 13 | | list; | 14 | | (2) a statement that the applicant will be registered | 15 | | to vote or will have his or her voter registration updated | 16 | | unless he or she declines registration; | 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 (i) notifying the applicant to opt out | 23 | | if he or she does not meet the qualifications to be a voter | 24 | | by returning a prepaid postcard, opting out online, or | 25 | | otherwise contacting the appropriate election authority | 26 | | and (ii) stating that the applicant does not have to |
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| 1 | | provide a reason he or she is declining voter registration | 2 | | or disclose citizenship status. | 3 | | (6) a statement notifying the applicant to contact the | 4 | | appropriate election authority if his or her voter | 5 | | registration has been updated in error; | 6 | | (7) a statement notifying the applicant that he or she | 7 | | may opt out of voter registration, or request a change to | 8 | | registration information, at any time by contacting an | 9 | | election official; | 10 | | (8) a prepaid postcard allowing the applicant to opt | 11 | | out of voter registration or update his or her voter | 12 | | registration information, or directions for opting out of | 13 | | voter registration or updating voter registration | 14 | | information online; | 15 | | (9) contact information for the appropriate election | 16 | | authority, including a phone number, address, electronic | 17 | | mail address, and website address; | 18 | | (10) a statement notifying the applicant that some | 19 | | personal information related to voter registration may be | 20 | | subject to public disclosure for purposes related to the | 21 | | electoral process unless protected under an address | 22 | | confidentiality program; and | 23 | | (11) any other information necessary to fulfill the | 24 | | obligations of this Section or local, State, or federal | 25 | | law. | 26 | | (a-30) The appropriate election authority shall ensure |
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| 1 | | that any applicant whose voter registration application is not | 2 | | accepted or deemed incomplete is promptly sent written notice | 3 | | of the application's status. The notice may be sent by | 4 | | electronic mail if the applicant has provided an electronic | 5 | | mail address on the voter registration form. The notice | 6 | | required by this subsection (a-30) may be sent or combined with | 7 | | other notices required or permitted by law, including, but not | 8 | | limited to, any notices sent pursuant to Section 1A-16.5 of | 9 | | this Code. Any notice required by this subsection (a-30) shall | 10 | | contain, at a minimum, the reason the application was not | 11 | | accepted or deemed incomplete and contact information for the | 12 | | appropriate election authority including a phone number, | 13 | | address, electronic mail address, and website address. | 14 | | (a-35) If a designated government agency transfers | 15 | | information, or if the State Board of Elections creates and | 16 | | transmits a voter registration application, for a person who | 17 | | does not qualify as an eligible voter, then it shall not | 18 | | constitute a completed voter registration form, and the person | 19 | | shall not be considered to have registered to vote. If the | 20 | | registration is processed by any election authority, then it | 21 | | shall be presumed to have been effected and officially | 22 | | authorized by the State and that person shall not be found on | 23 | | that basis to have made a false claim to citizenship or to have | 24 | | committed an act of moral turpitude, nor shall that person be | 25 | | subject to penalty under any relevant laws, including, but not | 26 | | limited to, Sections 29-10 and 29-19 of this Code. This |
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| 1 | | subsection (a-35) does not apply to any person who knows that | 2 | | he or she is ineligible to register to vote but who knowingly | 3 | | and willfully registers to vote or attests under penalty of | 4 | | perjury that he or she is eligible to register to vote. | 5 | | (a-40) No employee of a designated government agency shall | 6 | | transmit to the State Board of Elections personal information | 7 | | for any person who applies for or is issued a temporary | 8 | | visitor's driver's license pursuant to Section 6-105.1 of the | 9 | | Illinois Vehicle Code. | 10 | | (a-45) In the event that the registration of a voter is | 11 | | changed from one address to another within the State and the | 12 | | voter appears at the polls and offers to vote from the prior | 13 | | registration address, attesting that the prior registration | 14 | | address is the true current address, the voter, if confirmed by | 15 | | the election authority as having been registered at the prior | 16 | | registration address and canceled only by the process | 17 | | authorized by this Section, shall be issued a regular ballot, | 18 | | and the change of registration address shall be canceled. If | 19 | | the election authority is unable to immediately confirm the | 20 | | registration, then the voter shall be permitted to register and | 21 | | vote a regular ballot, provided that he or she meets the | 22 | | documentary requirements for same-day registration. If the | 23 | | election authority is unable to confirm the registration and | 24 | | the voter does not meet the requirements for same-day | 25 | | registration, then the voter shall be issued a provisional | 26 | | ballot and the provisional ballot shall be counted as provided |
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| 1 | | for under Article 18A of this Code. No voter shall be | 2 | | disqualified from voting due to an error relating to an update | 3 | | of registration made under this Section. | 4 | | (a-50) In accordance with technical specifications | 5 | | provided by the State Board of Elections, each designated | 6 | | government agency shall maintain a data transfer mechanism | 7 | | capable of transmitting voter registration application | 8 | | information, including electronic signatures where available, | 9 | | to the online voter registration system established in Section | 10 | | 1A-16.5 of this Code. Each designated government agency shall | 11 | | establish and operate a voter registration system capable of | 12 | | transmitting voter registration application information to the | 13 | | portal as described in this Section by July 1, 2016. | 14 | | (b) Whenever an applicant's data is transferred from a | 15 | | designated government agency, the agency must transmit a | 16 | | signature image if available. If no signature image was | 17 | | provided by the agency or if no signature image is available in | 18 | | the Secretary of State's database or the statewide voter | 19 | | registration database, the applicant must be notified that his | 20 | | or her their registration will remain in a pending status and | 21 | | the applicant will be required to provide identification that | 22 | | complies with the federal Help America Vote Act of 2002 and a | 23 | | signature to the election authority on Election Day in the | 24 | | polling place or during early voting. | 25 | | (b-5) The State Board of Elections and designated | 26 | | government agencies shall implement policies and procedures to |
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| 1 | | protect the privacy and security of voter information as it is | 2 | | acquired, stored, and transmitted among agencies, including | 3 | | policies for the retention and preservation of voter | 4 | | information. Information designated as confidential under this | 5 | | Section may be recorded and shared among the State Board of | 6 | | Elections, election authorities, and designated government | 7 | | agencies, but shall be used only for voter registration | 8 | | purposes, shall not be disclosed to the public except in the | 9 | | aggregate as required by subsection (d) of this Section, and | 10 | | shall not be subject to the Freedom of Information Act. The | 11 | | following information shall be designated as confidential: any | 12 | | portion of an applicant's Social Security number, any portion | 13 | | of an applicant's motor vehicle driver's license number or | 14 | | State identification number, an applicant's decision to | 15 | | decline voter registration, the identity of the designated | 16 | | government agency providing information relating to a specific | 17 | | applicant, and the personal residence and contact information | 18 | | of any applicant for whom local, State, or federal law requires | 19 | | confidentiality, including, but not limited to, a victim of | 20 | | domestic violence pursuant to the Address Confidentiality for | 21 | | Victims of Domestic Violence Act or a victim of stalking | 22 | | pursuant to the Stalking No Contact Order Act. This subsection | 23 | | (b-5) shall not apply to information the State Board of | 24 | | Elections is required to share with the Electronic Registration | 25 | | Information Center. | 26 | | (c) The voter registration procedures implemented under |
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| 1 | | this Section shall comport with the federal National Voter | 2 | | Registration Act of 1993, as amended, and shall specifically | 3 | | require that the The State Board of Elections shall track | 4 | | registration data received through the online registration | 5 | | system that originated from a designated government agency for | 6 | | the purposes of maintaining statistics required by the federal | 7 | | National Voter Registration Act of 1993, as amended . | 8 | | (d) The State Board of Elections shall submit an annual | 9 | | public a report to the General Assembly and the Governor by | 10 | | December 1, 2015 detailing the progress made to implement the | 11 | | government agency voter registration portal described in this | 12 | | Section. The report shall include all of the following: the | 13 | | number of records transferred under this Section by agency, the | 14 | | number of voters newly added to the statewide voter | 15 | | registration list because of records transferred under this | 16 | | Section by agency, the number of updated registrations under | 17 | | this Section by agency, the number of persons who opted out of | 18 | | voter registration, and the number of voters who submitted | 19 | | voter registration forms using the online procedure described | 20 | | in Section 1A-16.5 of this Code. Any report produced under this | 21 | | subsection (d) shall exclude any information that identifies | 22 | | any individual personally. | 23 | | (d-5) The State Board of Elections, each election authority | 24 | | that maintains a website, and each designated government agency | 25 | | that maintains a website shall provide information on their | 26 | | websites informing the public about the new registration |
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| 1 | | procedures described in this Section. Each designated | 2 | | government agency shall display signage or provide literature | 3 | | for the public containing information about the new | 4 | | registration procedures described in this Section. | 5 | | (d-10) No later than January 1, 2017, the State Board of | 6 | | Elections shall hold at least one public hearing on | 7 | | implementing this amendatory Act of the 99th General Assembly | 8 | | at which the public may provide input. | 9 | | (e) The State Board of Elections, in consultation with | 10 | | election authorities, the Secretary of State, designated | 11 | | government agencies, and community organizations, shall adopt | 12 | | rules as necessary to implement the provisions of this Section | 13 | | , in consultation with the impacted agencies . | 14 | | (e-5) Subsections (a-5) through (a-45) and subsection | 15 | | (b-5) of this Section shall be implemented no later than | 16 | | January 1, 2018. | 17 | | (f) As used in this Section, a "designated government | 18 | | agency" means the Secretary of State's Driver Services and | 19 | | Vehicle Services Departments, the Department of Human | 20 | | Services, the Department of Healthcare and Family Services, the | 21 | | Department of Employment Security, and the Department on Aging , | 22 | | any federal source that agrees to submit personal | 23 | | identification information to the State for voter registration | 24 | | purposes, and any other reliable State government source the | 25 | | State Board of Elections may designate .
| 26 | | (Source: P.A. 98-1171, eff. 6-1-15 .) |
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| 1 | | (10 ILCS 5/1A-16.8) | 2 | | Sec. 1A-16.8. Automatic transfer of registration based | 3 | | upon information from the National Change of Address database | 4 | | and designated government agencies, as defined in Section | 5 | | 1A-16.6 of this Code . The State Board of Elections shall | 6 | | cross-reference the statewide voter registration database | 7 | | against the United States Postal Service's National Change of | 8 | | Address database twice each calendar year, April 15 and October | 9 | | 1 in odd-numbered years and April 15 and December 1 in | 10 | | even-numbered years, and shall share the findings with the | 11 | | election authorities. In addition, beginning no later than | 12 | | September 1, 2016, the State Board of Elections shall utilize | 13 | | data provided as part of its membership in the Electronic | 14 | | Registration Information Center in order to cross-reference | 15 | | the statewide voter registration database against databases of | 16 | | relevant personal information kept by designated government | 17 | | agencies, including, but not limited to, driver's license | 18 | | information kept by the Secretary of State, at least 6 times | 19 | | each calendar year and shall share the findings with election | 20 | | authorities. An election authority shall automatically | 21 | | register any voter who has moved into its jurisdiction from | 22 | | another jurisdiction in Illinois or has moved within its | 23 | | jurisdiction provided that: | 24 | | (1) the election authority whose jurisdiction includes | 25 | | the new registration address provides the voter an |
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| 1 | | opportunity to reject the change in registration address | 2 | | through a mailing, sent by non-forwardable mail, to the new | 3 | | registration address, and | 4 | | (2) when the election authority whose jurisdiction | 5 | | includes the previous registration address is a different | 6 | | election authority, then that election authority provides | 7 | | the same opportunity through a mailing, sent by forwardable | 8 | | mail, to the previous registration address. | 9 | | This change in registration shall trigger the same | 10 | | inter-jurisdictional or intra-jurisdictional workflows as if | 11 | | the voter completed a new registration card, including the | 12 | | cancellation of the voter's previous registration. Should the | 13 | | registration of a voter be changed from one address to another | 14 | | within the State and should the voter appear at the polls and | 15 | | offer to vote from the prior registration address, attesting | 16 | | that the prior registration address is the true current | 17 | | address, the voter, if confirmed by the election authority as | 18 | | having been registered at the prior registration address and | 19 | | canceled only by the process authorized by this Section, shall | 20 | | be issued a regular ballot, and the change of registration | 21 | | address shall be canceled. If the election authority is unable | 22 | | to immediately confirm the registration, the voter shall be | 23 | | permitted to register and vote a regular ballot, provided that | 24 | | he or she meets the documentary requirements for same-day | 25 | | registration. If the election authority is unable to confirm | 26 | | the registration and the voter does not meet the requirements |
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| 1 | | for same-day registration, the voter shall be issued a | 2 | | provisional ballot and the provisional ballot shall be counted | 3 | | as provided under Article 18A of this Code . No voter shall be | 4 | | disqualified from voting due to an error relating to an update | 5 | | of registration under this Section.
| 6 | | (Source: P.A. 98-1171, eff. 6-1-15 .) | 7 | | Section 10. The Illinois Vehicle Code is amended by | 8 | | changing Section 2-105 as follows:
| 9 | | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
| 10 | | Sec. 2-105. Offices of Secretary of State. | 11 | | (a) The Secretary of State shall maintain offices in the | 12 | | State capital and
in such other places in the State as he may | 13 | | deem necessary to properly
carry out the powers and duties | 14 | | vested in him.
| 15 | | (b) The Secretary of State may construct and equip one or | 16 | | more buildings in
the State of Illinois outside of the County | 17 | | of Sangamon as he deems
necessary to properly carry out the | 18 | | powers and duties vested in him. The
Secretary of State may, on | 19 | | behalf of the State of Illinois, acquire public
or private | 20 | | property needed therefor by lease, purchase or eminent domain.
| 21 | | The care, custody and control of such sites and buildings | 22 | | constructed
thereon shall be vested in the Secretary of State. | 23 | | Expenditures for the
construction and equipping of any of such | 24 | | buildings upon premises owned by
another public entity shall |
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| 1 | | not be subject to the provisions of any State
law requiring | 2 | | that the State be vested with absolute fee title to the
| 3 | | premises. The exercise of the authority vested in the Secretary | 4 | | of State by
this Section is subject to the appropriation of the | 5 | | necessary funds.
| 6 | | (c) Pursuant to Sections 1A-16.6 and Section 1A-25 of the | 7 | | Election Code,
the Secretary of State shall make driver | 8 | | services facilities available for use as places of accepting | 9 | | applications for voter registration.
| 10 | | (d) (Blank).
| 11 | | (e) Each person applying at a driver services facility for | 12 | | a driver's
license or permit, a corrected driver's license or | 13 | | permit, an Illinois
identification card or a corrected Illinois | 14 | | identification card
shall be notified , under the procedures set | 15 | | forth in Section 1A-16.6 of the Election Code, that his or her | 16 | | personal information shall be transferred to the State Board of | 17 | | Elections for the purpose of creating an electronic voter | 18 | | registration application, and that the individual will only be | 19 | | registered to vote if he or she meets the qualifications to | 20 | | register to vote in Illinois. that the person may apply to | 21 | | register to vote at such station and may also apply to
transfer | 22 | | his or her voter registration at such station to a different | 23 | | address in the
State. Such notification may be made in
writing | 24 | | or verbally issued by an employee or the Secretary of State.
| 25 | | The Secretary of State shall promulgate such rules as may | 26 | | be necessary
for the efficient execution of his duties and the |
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| 1 | | duties of his employees
under this Section.
| 2 | | (f) Any person applying at a driver services facility for | 3 | | issuance or renewal of a driver's license or Illinois | 4 | | Identification Card shall be provided, without charge, with a | 5 | | brochure warning the person of the dangers of financial | 6 | | identity theft. The Department of Financial and Professional | 7 | | Regulation shall prepare these brochures and provide them to | 8 | | the Secretary of State for distribution. The brochures shall | 9 | | (i) identify signs warning the reader that he or she might be | 10 | | an intended victim of the crime of financial identity theft, | 11 | | (ii) instruct the reader in how to proceed if the reader | 12 | | believes that he or she is the victim of the crime of identity | 13 | | theft, and (iii) provide the reader with names and telephone | 14 | | numbers of law enforcement and other governmental agencies that | 15 | | provide assistance to victims of financial identity theft. | 16 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law. |
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