101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2269

 

Introduced 10/28/2019___________, by

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/11  from Ch. 124, par. 31
625 ILCS 5/6-110.1

    Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that the Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing an identification card or a driver's license or permit to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. Effective immediately.


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A BILL FOR

 

SB2269LRB101 13584 RJF 62436 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Section 11 as follows:
 
6    (15 ILCS 335/11)  (from Ch. 124, par. 31)
7    Sec. 11. Disclosure of information.
8    (a) The Secretary may make a search of his records and
9furnish information as to whether a person has a current
10Standard Illinois Identification Card or an Illinois Person
11with a Disability Identification Card then on file, upon
12receipt of a written application therefor accompanied with the
13prescribed fee. However, the Secretary may not disclose medical
14information concerning an individual to any person, public
15agency, private agency, corporation or governmental body
16unless the individual has submitted a written request for the
17information or unless the individual has given prior written
18consent for the release of the information to a specific person
19or entity. This exception shall not apply to: (1) offices and
20employees of the Secretary who have a need to know the medical
21information in performance of their official duties, or (2)
22orders of a court of competent jurisdiction. When medical
23information is disclosed by the Secretary in accordance with

 

 

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1the provisions of this Section, no liability shall rest with
2the Office of the Secretary of State as the information is
3released for informational purposes only.
4    (b) Except as otherwise provided in this Section, the The
5Secretary may release personally identifying information or
6highly restricted personal information only to:
7        (1) officers and employees of the Secretary who have a
8    need to know that information;
9        (2) other governmental agencies for use in their
10    official governmental functions;
11        (3) law enforcement agencies that need the information
12    for a criminal or civil investigation;
13        (3-5) the State Board of Elections for the purpose of
14    providing the signatures required by a local election
15    authority to register a voter through an online voter
16    registration system or as may be required by an agreement
17    the State Board of Elections has entered into with a
18    multi-state voter registration list maintenance system; or
19        (4) any entity that the Secretary has authorized, by
20    rule, to receive this information.
21    (c) The Secretary may not disclose an individual's social
22security number or any associated information obtained from the
23Social Security Administration without the written request or
24consent of the individual except: (i) to officers and employees
25of the Secretary who have a need to know the social security
26number in the performance of their official duties; (ii) to law

 

 

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1enforcement officials for a lawful civil or criminal law
2enforcement investigation if the head of the law enforcement
3agency has made a written request to the Secretary specifying
4the law enforcement investigation for which the social security
5number is being sought; (iii) under a lawful court order signed
6by a judge; or (iv) to the Illinois Department of Veterans'
7Affairs for the purpose of confirming veteran status.
8    (d) The Secretary of State shall not provide facial
9recognition search services or photographs obtained in the
10process of issuing an identification card to any federal,
11State, or local law enforcement agency or other governmental
12entity for the purpose of enforcing federal immigration laws.
13(Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13;
1498-115, eff. 7-29-13; 98-463, eff. 8-16-13; 98-1171, eff.
156-1-15.)
 
16    Section 10. The Illinois Vehicle Code is amended by
17changing Section 6-110.1 as follows:
 
18    (625 ILCS 5/6-110.1)
19    Sec. 6-110.1. Confidentiality of captured photographs or
20images.
21    (a) The Secretary of State shall maintain a file on or
22contract to file all photographs and signatures obtained in the
23process of issuing a driver's license, permit, or
24identification card. Except as otherwise provided in this

 

 

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1Section, the The photographs and signatures shall be
2confidential and shall not be disclosed except to the following
3persons:
4        (1) the individual upon written request;
5        (2) officers and employees of the Secretary of State
6    who have a need to have access to the stored images for
7    purposes of issuing and controlling driver's licenses,
8    permits, or identification cards;
9        (3) law enforcement officials for a lawful civil or
10    criminal law enforcement investigation;
11        (3-5) the State Board of Elections for the sole purpose
12    of providing the signatures required by a local election
13    authority to register a voter through an online voter
14    registration system;
15        (3-10) officers and employees of the Secretary of State
16    who have a need to have access to the stored images for
17    purposes of issuing and controlling notary public
18    commissions and for the purpose of providing the signatures
19    required to process online applications for appointment
20    and commission as notaries public; or
21        (4) other entities that the Secretary may exempt by
22    rule.
23    (b) The Secretary of State shall not provide facial
24recognition search services or photographs obtained in the
25process of issuing a driver's license or permit to any federal,
26State, or local law enforcement agency or other governmental

 

 

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1entity for the purpose of enforcing federal immigration laws.
2(Source: P.A. 98-115, eff. 7-29-13; 99-112, eff. 1-1-16.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.