Full Text of SB1933 100th General Assembly
SB1933ham002 100TH GENERAL ASSEMBLY | Rep. Mike Fortner Filed: 5/24/2017
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| 1 | | AMENDMENT TO SENATE BILL 1933
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1933 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential | 11 | | under Section 4002 of the Technology Advancement and | 12 | | Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library | 15 | | Records Confidentiality Act. | 16 | | (c) Applications, related documents, and medical |
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| 1 | | records received by the Experimental Organ Transplantation | 2 | | Procedures Board and any and all documents or other records | 3 | | prepared by the Experimental Organ Transplantation | 4 | | Procedures Board or its staff relating to applications it | 5 | | has received. | 6 | | (d) Information and records held by the Department of | 7 | | Public Health and its authorized representatives relating | 8 | | to known or suspected cases of sexually transmissible | 9 | | disease or any information the disclosure of which is | 10 | | restricted under the Illinois Sexually Transmissible | 11 | | Disease Control Act. | 12 | | (e) Information the disclosure of which is exempted | 13 | | under Section 30 of the Radon Industry Licensing Act. | 14 | | (f) Firm performance evaluations under Section 55 of | 15 | | the Architectural, Engineering, and Land Surveying | 16 | | Qualifications Based Selection Act. | 17 | | (g) Information the disclosure of which is restricted | 18 | | and exempted under Section 50 of the Illinois Prepaid | 19 | | Tuition Act. | 20 | | (h) Information the disclosure of which is exempted | 21 | | under the State Officials and Employees Ethics Act, and | 22 | | records of any lawfully created State or local inspector | 23 | | general's office that would be exempt if created or | 24 | | obtained by an Executive Inspector General's office under | 25 | | that Act. | 26 | | (i) Information contained in a local emergency energy |
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| 1 | | plan submitted to a municipality in accordance with a local | 2 | | emergency energy plan ordinance that is adopted under | 3 | | Section 11-21.5-5 of the Illinois Municipal Code. | 4 | | (j) Information and data concerning the distribution | 5 | | of surcharge moneys collected and remitted by wireless | 6 | | carriers under the Wireless Emergency Telephone Safety | 7 | | Act. | 8 | | (k) Law enforcement officer identification information | 9 | | or driver identification information compiled by a law | 10 | | enforcement agency or the Department of Transportation | 11 | | under Section 11-212 of the Illinois Vehicle Code. | 12 | | (l) Records and information provided to a residential | 13 | | health care facility resident sexual assault and death | 14 | | review team or the Executive Council under the Abuse | 15 | | Prevention Review Team Act. | 16 | | (m) Information provided to the predatory lending | 17 | | database created pursuant to Article 3 of the Residential | 18 | | Real Property Disclosure Act, except to the extent | 19 | | authorized under that Article. | 20 | | (n) Defense budgets and petitions for certification of | 21 | | compensation and expenses for court appointed trial | 22 | | counsel as provided under Sections 10 and 15 of the Capital | 23 | | Crimes Litigation Act. This subsection (n) shall apply | 24 | | until the conclusion of the trial of the case, even if the | 25 | | prosecution chooses not to pursue the death penalty prior | 26 | | to trial or sentencing. |
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| 1 | | (o) Information that is prohibited from being | 2 | | disclosed under Section 4 of the Illinois Health and | 3 | | Hazardous Substances Registry Act. | 4 | | (p) Security portions of system safety program plans, | 5 | | investigation reports, surveys, schedules, lists, data, or | 6 | | information compiled, collected, or prepared by or for the | 7 | | Regional Transportation Authority under Section 2.11 of | 8 | | the Regional Transportation Authority Act or the St. Clair | 9 | | County Transit District under the Bi-State Transit Safety | 10 | | Act. | 11 | | (q) Information prohibited from being disclosed by the | 12 | | Personnel Records Review Act. | 13 | | (r) Information prohibited from being disclosed by the | 14 | | Illinois School Student Records Act. | 15 | | (s) Information the disclosure of which is restricted | 16 | | under Section 5-108 of the Public Utilities Act.
| 17 | | (t) All identified or deidentified health information | 18 | | in the form of health data or medical records contained in, | 19 | | stored in, submitted to, transferred by, or released from | 20 | | the Illinois Health Information Exchange, and identified | 21 | | or deidentified health information in the form of health | 22 | | data and medical records of the Illinois Health Information | 23 | | Exchange in the possession of the Illinois Health | 24 | | Information Exchange Authority due to its administration | 25 | | of the Illinois Health Information Exchange. The terms | 26 | | "identified" and "deidentified" shall be given the same |
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| 1 | | meaning as in the Health Insurance Portability and | 2 | | Accountability Act of 1996, Public Law 104-191, or any | 3 | | subsequent amendments thereto, and any regulations | 4 | | promulgated thereunder. | 5 | | (u) Records and information provided to an independent | 6 | | team of experts under Brian's Law. | 7 | | (v) Names and information of people who have applied | 8 | | for or received Firearm Owner's Identification Cards under | 9 | | the Firearm Owners Identification Card Act or applied for | 10 | | or received a concealed carry license under the Firearm | 11 | | Concealed Carry Act, unless otherwise authorized by the | 12 | | Firearm Concealed Carry Act; and databases under the | 13 | | Firearm Concealed Carry Act, records of the Concealed Carry | 14 | | Licensing Review Board under the Firearm Concealed Carry | 15 | | Act, and law enforcement agency objections under the | 16 | | Firearm Concealed Carry Act. | 17 | | (w) Personally identifiable information which is | 18 | | exempted from disclosure under subsection (g) of Section | 19 | | 19.1 of the Toll Highway Act. | 20 | | (x) Information which is exempted from disclosure | 21 | | under Section 5-1014.3 of the Counties Code or Section | 22 | | 8-11-21 of the Illinois Municipal Code. | 23 | | (y) Confidential information under the Adult | 24 | | Protective Services Act and its predecessor enabling | 25 | | statute, the Elder Abuse and Neglect Act, including | 26 | | information about the identity and administrative finding |
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| 1 | | against any caregiver of a verified and substantiated | 2 | | decision of abuse, neglect, or financial exploitation of an | 3 | | eligible adult maintained in the Registry established | 4 | | under Section 7.5 of the Adult Protective Services Act. | 5 | | (z) Records and information provided to a fatality | 6 | | review team or the Illinois Fatality Review Team Advisory | 7 | | Council under Section 15 of the Adult Protective Services | 8 | | Act. | 9 | | (aa) Information which is exempted from disclosure | 10 | | under Section 2.37 of the Wildlife Code. | 11 | | (bb) Information which is or was prohibited from | 12 | | disclosure by the Juvenile Court Act of 1987. | 13 | | (cc) Recordings made under the Law Enforcement | 14 | | Officer-Worn Body Camera Act, except to the extent | 15 | | authorized under that Act. | 16 | | (dd) Information that is prohibited from being | 17 | | disclosed under Section 45 of the Condominium and Common | 18 | | Interest Community Ombudsperson Act. | 19 | | (ee) (dd) Information that is exempted from disclosure | 20 | | under Section 30.1 of the Pharmacy Practice Act. | 21 | | (ff) Records that are exempt from disclosure under | 22 | | Section 1A-16.7 of the Election Code. | 23 | | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | 24 | | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | 25 | | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | 26 | | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. |
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| 1 | | 8-19-16; revised 9-1-16.) | 2 | | Section 10. The Election Code is amended by changing | 3 | | Sections 1A-16.6 and 1A-16.8 and by adding Sections 1-16, | 4 | | 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.9 as follows: | 5 | | (10 ILCS 5/1-16 new) | 6 | | Sec. 1-16. Election authorities; notices by electronic | 7 | | mail. If an election authority is required by law to send an | 8 | | election-related notice to an individual, that election | 9 | | authority may send that notice solely by electronic mail if the | 10 | | individual provides a current e-mail address to the election | 11 | | authority and authorizes the election authority to send notices | 12 | | by electronic mail. For the purposes of this Section, the term | 13 | | "notice" does not include a ballot or any notice required under | 14 | | Sections 1A-16.5 or 1A-16.7 of this Code. | 15 | | (10 ILCS 5/1A-16.1 new) | 16 | | Sec. 1A-16.1. Automatic voter registration; Secretary of | 17 | | State. | 18 | | (a) The Office of the Secretary of State and the State | 19 | | Board of Elections, pursuant to an interagency contract and | 20 | | jointly-adopted rules, shall establish an automatic voter | 21 | | registration program that satisfies the requirements of this | 22 | | Section and other applicable law. | 23 | | (b) If an application, an application for renewal, a change |
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| 1 | | of address form, or a recertification form for a driver's | 2 | | license, other than a temporary visitor's driver's license, or | 3 | | a State identification card issued by the Office of the | 4 | | Secretary of State meets the requirements of the federal REAL | 5 | | ID Act of 2005, then that application shall serve as a | 6 | | dual-purpose application. The dual-purpose application shall: | 7 | | (1) also serve as an application to register to vote in | 8 | | Illinois; | 9 | | (2) allow an applicant to change his or her registered | 10 | | residence address or name as it appears on the voter | 11 | | registration rolls; | 12 | | (3) provide the applicant with an opportunity to | 13 | | affirmatively decline to register to vote or to change his | 14 | | or her registered residence address or name by providing a | 15 | | check box on the application form without requiring the | 16 | | applicant to state the reason; and | 17 | | (4) unless the applicant declines to register to vote | 18 | | or change his or her registered residence address or name, | 19 | | require the applicant to attest, by signature under penalty | 20 | | of perjury as described in subsection (e) of this Section, | 21 | | to meeting the qualifications to register to vote in | 22 | | Illinois at his or her residence address as indicated on | 23 | | his or her driver's license or identification card | 24 | | dual-purpose application. | 25 | | (b-5) If an application, an application for renewal, a | 26 | | change of address form, or a recertification form for a |
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| 1 | | driver's license, other than a temporary visitor's driver's | 2 | | license, or a State identification card issued by the Office of | 3 | | the Secretary of State does not meet the requirements of the | 4 | | federal REAL ID Act of 2005, then that application shall serve | 5 | | as a dual-purpose application. The dual-purpose application | 6 | | shall: | 7 | | (1) also serve as an application to register to vote in | 8 | | Illinois; | 9 | | (2) allow an applicant to change his or her registered | 10 | | residence address or name as it appears on the voter | 11 | | registration rolls; and | 12 | | (3) if the applicant chooses to register to vote or to | 13 | | change his or her registered residence address or name, | 14 | | then require the applicant to attest, by a separate | 15 | | signature under penalty of perjury, to meeting the | 16 | | qualifications to register to vote in Illinois at his or | 17 | | her residence address as indicated on his or her | 18 | | dual-purpose application. | 19 | | (b-10) The Office of the Secretary of State shall clearly | 20 | | and conspicuously inform each applicant in writing: (i) of the | 21 | | qualifications to register to vote in Illinois, (ii) of the | 22 | | penalties provided by law for submission of a false voter | 23 | | registration application, (iii) that, unless the applicant | 24 | | declines to register to vote or update his or her voter | 25 | | registration, his or her dual-purpose application shall also | 26 | | serve as both an application to register to vote and his or her |
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| 1 | | attestation that he or she meets the eligibility requirements | 2 | | for voter registration, and that his or her application to | 3 | | register to vote or update his or her registration will be | 4 | | transmitted to the State Board of Elections for the purpose of | 5 | | registering the person to vote at the residence address to be | 6 | | indicated on his or her driver's license or identification | 7 | | card, and (iv) that declining to register to vote is | 8 | | confidential and will not affect any services the person may be | 9 | | seeking from the Office of the Secretary of State. | 10 | | (c) The Office of the Secretary of State shall review | 11 | | information provided to the Office of the Secretary of State by | 12 | | the State Board of Elections to inform each applicant for a | 13 | | driver's license or permit, other than a temporary visitor's | 14 | | driver's license, or a State identification card issued by the | 15 | | Office of the Secretary of State whether the applicant is | 16 | | currently registered to vote in Illinois and, if registered, at | 17 | | what address. | 18 | | (d) The Office of the Secretary of State shall not require | 19 | | an applicant for a driver's license or State identification | 20 | | card to provide duplicate identification or information in | 21 | | order to complete an application to register to vote or change | 22 | | his or her registered residence address or name. Before | 23 | | transmitting any personal information about an applicant to the | 24 | | State Board of Elections, the Office of the Secretary of State | 25 | | shall review its records of the identification documents the | 26 | | applicant provided in order to complete the application for a |
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| 1 | | driver's license or State identification card, to confirm that | 2 | | nothing in those documents indicates that the applicant does | 3 | | not satisfy the qualifications to register to vote in Illinois | 4 | | at his or her residence address. | 5 | | (e) A completed, signed application for (i) a driver's | 6 | | license or permit, other than a temporary visitor's driver's | 7 | | license, or a State identification card issued by the Office of | 8 | | the Secretary of State, that meets the requirements of the | 9 | | federal REAL ID Act of 2005; or (ii) a completed application | 10 | | under subsection (b-5) of this Section with a separate | 11 | | signature attesting the applicant meets the qualifications to | 12 | | register to vote in Illinois at his or her residence address as | 13 | | indicated on his or her application shall constitute a signed | 14 | | application to register to vote in Illinois at the residence | 15 | | address indicated in the application unless the person | 16 | | affirmatively declined in the application to register to vote | 17 | | or to change his or her registered residence address or name. | 18 | | If the identification documents provided to complete the | 19 | | dual-purpose application indicate that he or she does not | 20 | | satisfy the qualifications to register to vote in Illinois at | 21 | | his or her residence address, the application shall be marked | 22 | | as incomplete. | 23 | | (f) For each completed and signed application that | 24 | | constitutes an application to register to vote in Illinois or | 25 | | provides for a change in the applicant's registered residence | 26 | | address or name, the Office of the Secretary of State shall |
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| 1 | | electronically transmit to the State Board of Elections | 2 | | personal information needed to complete the person's | 3 | | registration to vote in Illinois at his or her residence | 4 | | address. The application to register to vote shall be processed | 5 | | in accordance with Section 1A-16.7. | 6 | | (g) If the federal REAL ID Act of 2005 is repealed, | 7 | | abrogated, superseded, or otherwise no longer in effect, then | 8 | | the State Board of Elections shall establish criteria for | 9 | | determining reliable personal information indicating | 10 | | citizenship status and shall adopt rules as necessary for the | 11 | | Secretary of State to continue processing dual-purpose | 12 | | applications under this Section. | 13 | | (h) As used in this Section, "dual-purpose application" | 14 | | means an application, an application for renewal, a change of | 15 | | address form, or a recertification form for driver's license or | 16 | | permit, other than a temporary visitor's driver's license, or a | 17 | | State identification card offered by the Secretary of State | 18 | | that also serves as an application to register to vote in | 19 | | Illinois. "Dual-purpose application" does not mean an | 20 | | application under subsection (c) of Section 6-109 of the | 21 | | Illinois Vehicle Code. | 22 | | (10 ILCS 5/1A-16.2 new) | 23 | | Sec. 1A-16.2. Automatic voter registration; designated | 24 | | automatic voter registration agencies. | 25 | | (a) Each designated automatic voter registration agency |
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| 1 | | shall, pursuant to an interagency contract and jointly-adopted | 2 | | rules with the State Board of Elections, agree to participate | 3 | | in an automatic voter registration program established by the | 4 | | State Board of Elections that satisfies the requirements of | 5 | | this Section and other applicable law. If the designated | 6 | | automatic voter registration agency provides applications, | 7 | | applications for renewal, change of address forms, or | 8 | | recertification forms to individuals for services offered by | 9 | | another agency, then the State Board of Elections and the | 10 | | designated automatic voter agency shall consult with the other | 11 | | agency. The State Board of Elections shall consider the current | 12 | | technological capabilities of the designated voter | 13 | | registration agency when drafting interagency contracts and | 14 | | jointly-adopted rules. The State Board of Elections and the | 15 | | designated automatic voter registration agency shall amend | 16 | | these contracts and rules as the technological capabilities of | 17 | | the designated voter registration agencies improve. | 18 | | (b) As provided in subsection (a) of this Section, each | 19 | | designated automatic voter registration agency that collects | 20 | | or cross-references reliable personal information indicating | 21 | | citizenship status may provide that an application for a | 22 | | license, permit, program, or service shall serve as a | 23 | | dual-purpose application. The dual-purpose application shall: | 24 | | (1) also serve as an application to register to vote in | 25 | | Illinois; | 26 | | (2) allow an applicant to change his or her registered |
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| 1 | | residence address or name as it appears on the voter | 2 | | registration rolls; | 3 | | (3) provide the applicant with an opportunity to | 4 | | affirmatively decline to register to vote or change his or | 5 | | her registered residence address or name by providing a | 6 | | check box on the application form without requiring the | 7 | | applicant to state the reason; and | 8 | | (4) unless the applicant declines to register to vote | 9 | | or to change his or her registered residence address or | 10 | | name, require the applicant to attest, by signature under | 11 | | penalty of perjury, to meeting the qualifications to | 12 | | register to vote in Illinois at his or her residence | 13 | | address as indicated on his or her dual-purpose | 14 | | application. | 15 | | (c) As provided in subsection (a) of this Section, each | 16 | | designated automatic voter registration agency that does not | 17 | | collect or cross-reference records containing reliable | 18 | | personal information indicating citizenship status may provide | 19 | | that an application, an application for renewal, a change of | 20 | | address form, or a recertification form for a license, permit, | 21 | | program, or service shall serve as a dual-purpose application. | 22 | | The dual-purpose application shall: | 23 | | (1) also serve as an application to register to vote in | 24 | | Illinois; | 25 | | (2) allow an applicant to change his or her registered | 26 | | residence address or name as it appears on the voter |
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| 1 | | registration rolls; and | 2 | | (3) if the applicant chooses to register to vote or to | 3 | | change his or her registered residence address or name, | 4 | | then require the applicant to attest, by a separate | 5 | | signature under penalty of perjury, to meeting the | 6 | | qualifications to register to vote in Illinois at his or | 7 | | her residence address as indicated on his or her | 8 | | dual-purpose application. | 9 | | (c-5) The designated automatic voter registration agency | 10 | | shall clearly and conspicuously inform each applicant in | 11 | | writing: (i) of the qualifications to register to vote in | 12 | | Illinois, (ii) of the penalties provided by law for submission | 13 | | of a false voter registration application, (iii) that, unless | 14 | | the applicant declines to register to vote or update his or her | 15 | | voter registration, his or her application shall also serve as | 16 | | both an application to register to vote and his or her | 17 | | attestation that he or she meets the eligibility requirements | 18 | | for voter registration, and that his or her application to | 19 | | register to vote or update his or her registration will be | 20 | | transmitted to the State Board of Elections for the purpose of | 21 | | registering the person to vote at the residence address to be | 22 | | indicated on the dual-purpose application, (iv) that | 23 | | information identifying the agency at which he or she applied | 24 | | to register to vote is confidential, (v) that declining to | 25 | | register to vote is confidential and will not affect any | 26 | | services the person may be seeking from the agency, and (vi) |
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| 1 | | any additional information needed in order to comply with | 2 | | Section 7 of the federal National Voter Registration Act of | 3 | | 1993. | 4 | | (d) The designated automatic voter registration agency | 5 | | shall review information provided to the agency by the State | 6 | | Board of Elections to inform each applicant whether the | 7 | | applicant is currently registered to vote in Illinois and, if | 8 | | registered, at what address. | 9 | | (e) The designated automatic voter registration agency | 10 | | shall not require an applicant for a dual-purpose application | 11 | | to provide duplicate identification or information in order to | 12 | | complete an application to register to vote or change his or | 13 | | her registered residence address or name. Before transmitting | 14 | | any personal information about an applicant to the State Board | 15 | | of Elections, the agency shall review its records of the | 16 | | identification documents the applicant provided or that the | 17 | | agency cross-references in order to complete the dual-purpose | 18 | | application, to confirm that nothing in those documents | 19 | | indicates that the applicant does not satisfy the | 20 | | qualifications to register to vote in Illinois at his or her | 21 | | residence address. A completed and signed dual-purpose | 22 | | application, including a completed application under | 23 | | subsection (c) of this Section with a separate signature | 24 | | attesting that the applicant meets the qualifications to | 25 | | register to vote in Illinois at his or her residence address as | 26 | | indicated on his or her application, shall constitute an |
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| 1 | | application to register to vote in Illinois at the residence | 2 | | address indicated in the application unless the person | 3 | | affirmatively declined in the application to register to vote | 4 | | or to change his or her registered residence address or name. | 5 | | If the identification documents provided to complete the | 6 | | dual-purpose application, or that the agency cross-references, | 7 | | indicate that he or she does not satisfy the qualifications to | 8 | | register to vote in Illinois at his or her residence address, | 9 | | the application shall be marked as incomplete. | 10 | | (f) For each completed and signed dual-purpose application | 11 | | that constitutes an application to register to vote in Illinois | 12 | | or provides for a change in the applicant's registered | 13 | | residence address or name, the designated automatic voter | 14 | | registration agency shall electronically transmit to the State | 15 | | Board of Elections personal information needed to complete the | 16 | | person's registration to vote in Illinois at his or her | 17 | | residence address. The application to register to vote shall be | 18 | | processed in accordance with Section 1A-16.7. | 19 | | (g) As used in this Section: | 20 | | "Designated automatic voter registration agency" or | 21 | | "agency" means the divisions of Family and Community | 22 | | Services and Rehabilitation Services of the Department of | 23 | | Human Services, the Department of Employment Security, the | 24 | | Department of Financial and Professional Regulation, the | 25 | | Department of Natural Resources, or an agency of the State | 26 | | or federal government that has been determined by the State |
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| 1 | | Board of Elections to have access to reliable personal | 2 | | information and has entered into an interagency contract | 3 | | with the State Board of Elections to participate in the | 4 | | automatic voter registration program under this Section. | 5 | | "Dual-purpose application" means an application, an | 6 | | application for renewal, a change of address form, or a | 7 | | recertification form for a license, permit, program, or | 8 | | service offered by a designated automatic voter | 9 | | registration agency that also serves as an application to | 10 | | register to vote in Illinois. | 11 | | "Reliable personal information" means information | 12 | | about individuals obtained from government sources that | 13 | | may be used to verify whether an individual is eligible to | 14 | | register to vote. | 15 | | (h) This Section shall be implemented no later than July, | 16 | | 1, 2019. | 17 | | (10 ILCS 5/1A-16.6) | 18 | | Sec. 1A-16.6. Government agency voter registration. | 19 | | (a) By April 1, 2016, the State Board of Elections shall | 20 | | establish and maintain a portal for government agency | 21 | | registration that permits an eligible person to electronically | 22 | | apply to register to vote or to update his or her existing | 23 | | voter registration whenever he or she conducts business, either | 24 | | online or in person, with a designated government agency. The | 25 | | portal shall interface with the online voter registration |
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| 1 | | system established in Section 1A-16.5 of this Code and shall be | 2 | | capable of receiving and processing voter registration | 3 | | application information, including electronic signatures, from | 4 | | a designated government agency. The State Board of Elections | 5 | | shall modify the online voter registration system as necessary | 6 | | to implement this Section. | 7 | | Voter registration data received from a designated | 8 | | government agency through the online registration system shall | 9 | | be processed as provided for in Section 1A-16.5 of this Code. | 10 | | Whenever the registration interface is accessible to the | 11 | | general public, including, but not limited to, online | 12 | | transactions, the interface shall allow the applicant to | 13 | | complete the process as provided for in Section 1A-16.5 of this | 14 | | Code. The online interface shall be capable of providing the | 15 | | applicant with the applicant's voter registration status with | 16 | | the State Board of Elections and, if registered, the | 17 | | applicant's current registration address. The applicant shall | 18 | | not be required to re-enter any registration data, such as | 19 | | name, address, and birth date, if the designated government | 20 | | agency already has that information on file. The applicant | 21 | | shall be informed that by choosing to register to vote or to | 22 | | update his or her existing voter registration, the applicant | 23 | | consents to the transfer of the applicant's personal | 24 | | information to the State Board of Elections. | 25 | | Whenever a government employee is accessing the | 26 | | registration system while servicing the applicant, the |
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| 1 | | government employee shall notify the applicant of the | 2 | | applicant's registration status with the State Board of | 3 | | Elections and, if registered, the applicant's current | 4 | | registration address. If the applicant elects to register to | 5 | | vote or to update his or her existing voter registration, the | 6 | | government employee shall collect the needed information and | 7 | | assist the applicant with his or her registration. The | 8 | | applicant shall be informed that by choosing to register to | 9 | | vote or to update his or her existing voter registration, the | 10 | | applicant consents to the transfer of the applicant's personal | 11 | | information to the State Board of Elections. | 12 | | In accordance with technical specifications provided by | 13 | | the State Board of Elections, each designated government agency | 14 | | shall maintain a data transfer mechanism capable of | 15 | | transmitting voter registration application information, | 16 | | including electronic signatures where available, to the online | 17 | | voter registration system established in Section 1A-16.5 of | 18 | | this Code. Each designated government agency shall establish | 19 | | and operate a voter registration system capable of transmitting | 20 | | voter registration application information to the portal as | 21 | | described in this Section by July 1, 2016. | 22 | | (b) Whenever an applicant's data is transferred from a | 23 | | designated government agency, the agency must transmit a | 24 | | signature image if available. If no signature image was | 25 | | provided by the agency or if no signature image is available in | 26 | | the Secretary of State's database or the statewide voter |
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| 1 | | registration database, the applicant must be notified that | 2 | | their registration will remain in a pending status and the | 3 | | applicant will be required to provide identification and a | 4 | | signature to the election authority on Election Day in the | 5 | | polling place or during early voting. | 6 | | (c) The State Board of Elections shall track registration | 7 | | data received through the online registration system that | 8 | | originated from a designated government agency for the purposes | 9 | | of maintaining statistics required by the federal National | 10 | | Voter Registration Act of 1993, as amended. | 11 | | (d) The State Board of Elections shall submit a report to | 12 | | the General Assembly and the Governor by December 1, 2015 | 13 | | detailing the progress made to implement the government agency | 14 | | voter registration portal described in this Section. | 15 | | (e) The Board shall adopt rules, in consultation with the | 16 | | impacted agencies. | 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 | | however, if the designated government agency becomes a | 23 | | designated automatic voter registration agency under Section | 24 | | 1A-16.1 or Section 1A-16.2 of this Code, that agency shall | 25 | | cease to be a designated government agency under this Section .
| 26 | | (Source: P.A. 98-1171, eff. 6-1-15 .) |
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| 1 | | (10 ILCS 5/1A-16.7 new) | 2 | | Sec. 1A-16.7. Automatic voter registration. | 3 | | (a) The State Board of Elections shall establish and | 4 | | maintain a portal for automatic government agency voter | 5 | | registration that permits an eligible person to electronically | 6 | | apply to register to vote or to update his or her existing | 7 | | voter registration as provided in Section 1A-16.1 or Section | 8 | | 1A-16.2. The portal shall interface with the online voter | 9 | | registration system established in Section 1A-16.5 of this Code | 10 | | and shall be capable of receiving and processing voter | 11 | | registration application information, including electronic | 12 | | signatures, from the Office of the Secretary of State and each | 13 | | designated automatic voter registration agency, as defined in | 14 | | Section 1A-16.2. The State Board of Elections may | 15 | | cross-reference voter registration information from any | 16 | | designated automatic voter registration agency, as defined | 17 | | under Section 1A-16.2 of this Code, with information contained | 18 | | in the database of the Secretary of State as provided under | 19 | | subsection (c) of Section 1A-16.5 of this Code. The State Board | 20 | | of Elections shall modify the online voter registration system | 21 | | as necessary to implement this Section. | 22 | | (b) Voter registration data received from the Office of the | 23 | | Secretary of State or a designated automatic voter registration | 24 | | agency through the online registration application system | 25 | | shall be processed as provided in Section 1A-16.5 of this Code. |
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| 1 | | (c) The State Board of Elections shall establish technical | 2 | | specifications applicable to each automatic government | 3 | | registration program, including data format and transmission | 4 | | specifications. The Office of the Secretary of State and each | 5 | | designated automatic voter registration agency shall maintain | 6 | | a data transfer mechanism capable of transmitting voter | 7 | | registration application information, including electronic | 8 | | signatures where available, to the online voter registration | 9 | | system established in Section 1A-16.5 of this Code. | 10 | | (d) The State Board of Elections shall, by rule, establish | 11 | | criteria and procedures for determining whether an agency of | 12 | | the State or federal government seeking to become a designated | 13 | | automatic voter registration agency has access to reliable | 14 | | personal information, as defined under this subsection (d) and | 15 | | subsection (f) of Section 1A-16.2 of this Code, and otherwise | 16 | | meets the requirements to enter into an interagency contract | 17 | | and to operate as a designated automatic voter registration | 18 | | agency. The State Board of Elections shall approve each | 19 | | interagency contract upon affirmative vote of a majority of its | 20 | | members. | 21 | | As used in this subsection (d), "reliable personal | 22 | | information" means information about individuals obtained from | 23 | | government sources that may be used to verify whether an | 24 | | individual is eligible to register to vote. | 25 | | (e) Whenever an applicant's data is transferred from the | 26 | | Office of the Secretary of State or a designated automatic |
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| 1 | | voter registration agency, the agency must transmit a signature | 2 | | image if available. If no signature image was provided by the | 3 | | agency, or if no signature image is available in the Office of | 4 | | the Secretary of State's database or the statewide voter | 5 | | registration database, the applicant must be notified that his | 6 | | or her registration will remain in a pending status, and the | 7 | | applicant will be required to provide identification that | 8 | | complies with the federal Help America Vote Act of 2002 and a | 9 | | signature to the election authority on election day in the | 10 | | polling place or during early voting. | 11 | | (f) Upon receipt of personal information collected and | 12 | | transferred by the Office of the Secretary of State or a | 13 | | designated automatic voter registration agency, the State | 14 | | Board of Elections shall check the information against the | 15 | | statewide voter registration database. The State Board of | 16 | | Elections shall create and electronically transmit to the | 17 | | appropriate election authority a voter registration | 18 | | application for any individual who is not registered to vote in | 19 | | Illinois and is not disqualified as provided in this Section or | 20 | | whose information reliably indicates a more recent update to | 21 | | the name or address of a person already included in the | 22 | | statewide voter database. The election authority shall process | 23 | | the application accordingly. | 24 | | (g) The appropriate election authority shall ensure that | 25 | | any applicant who is registered to vote or whose existing voter | 26 | | registration is updated under this Section is promptly sent |
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| 1 | | written notice of the change. The notice required by this | 2 | | subsection (g) may be sent or combined with other notices | 3 | | required or permitted by law, including, but not limited to, | 4 | | any notices sent pursuant to Section 1A-16.5 of this Code. Any | 5 | | notice required by this subsection (g) shall contain, at a | 6 | | minimum: (i) the applicant's name and residential address as | 7 | | reflected on the voter registration list; (ii) a statement | 8 | | notifying the applicant to contact the appropriate election | 9 | | authority if his or her voter registration has been updated in | 10 | | error; (iii) the qualifications to register to vote in | 11 | | Illinois; (iv) a statement notifying the applicant that he or | 12 | | she may opt out of voter registration or request a change to | 13 | | his or her registration information at any time by contacting | 14 | | an election official; and (v) contact information for the | 15 | | appropriate election authority, including a phone number, | 16 | | address, electronic mail address, and website address. | 17 | | (h) The appropriate election authority shall ensure that | 18 | | any applicant whose voter registration application is not | 19 | | accepted or deemed incomplete is promptly sent written notice | 20 | | of the application's status. The notice required by this | 21 | | subsection may be sent or combined with other notices required | 22 | | or permitted by law, including, but not limited to, any notices | 23 | | sent pursuant to Section 1A-16.5 of this Code. Any notice | 24 | | required by this subsection (h) shall contain, at a minimum, | 25 | | the reason the application was not accepted or deemed | 26 | | incomplete and contact information for the appropriate |
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| 1 | | election authority, including a phone number, address, | 2 | | electronic mail address, and website address. | 3 | | (i) If the Office of the Secretary of State or a designated | 4 | | automatic voter registration agency transfers information, or | 5 | | if the State Board of Elections creates and transmits a voter | 6 | | registration application, for a person who does not qualify as | 7 | | an eligible voter, then it shall not constitute a completed | 8 | | voter registration form, and the person shall not be considered | 9 | | to have registered to vote. | 10 | | (j) If the registration is processed by any election | 11 | | authority, then it shall be presumed to have been effected and | 12 | | officially authorized by the State, and that person shall not | 13 | | be found on that basis to have made a false claim to | 14 | | citizenship or to have committed an act of moral turpitude, nor | 15 | | shall that person be subject to penalty under any relevant | 16 | | laws, including, but not limited to, Sections 29-10 and 29-19 | 17 | | of this Code. This subsection (j) does not apply to a person | 18 | | who knows that he or she is not entitled to register to vote | 19 | | and who willfully votes, registers to vote, or attests under | 20 | | penalty of perjury that he or she is eligible to register to | 21 | | vote or willfully attempts to vote or to register to vote. | 22 | | (k) The State Board of Elections, the Office of the | 23 | | Secretary of State, and each designated automatic voter | 24 | | registration agency shall implement policies and procedures to | 25 | | protect the privacy and security of voter information as it is | 26 | | acquired, stored, and transmitted among agencies, including |
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| 1 | | policies for the retention and preservation of voter | 2 | | information. Information designated as confidential under this | 3 | | Section may be recorded and shared among the State Board of | 4 | | Elections, election authorities, the Office of the Secretary of | 5 | | State, and designated automatic voter registration agencies, | 6 | | but shall be used only for voter registration purposes, shall | 7 | | not be disclosed to the public except in the aggregate as | 8 | | required by subsection (m) of this Section, and shall not be | 9 | | subject to the Freedom of Information Act. The following | 10 | | information shall be designated as confidential: | 11 | | (1) any portion of an applicant's Social Security | 12 | | number; | 13 | | (2) any portion of an applicant's driver's license | 14 | | number or State identification number; | 15 | | (3) an applicant's decision to decline voter | 16 | | registration; | 17 | | (4) the identity of the person providing information | 18 | | relating to a specific applicant; and | 19 | | (5) the personal residence and contact information of | 20 | | any applicant for whom notice has been given by an | 21 | | appropriate legal authority. | 22 | | This subsection (k) shall not apply to information the | 23 | | State Board of Elections is required to share with the | 24 | | Electronic Registration Information Center. | 25 | | (l) The voter registration procedures implemented under | 26 | | this Section shall comport with the federal National Voter |
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| 1 | | Registration Act of 1993, as amended, and shall specifically | 2 | | require that the State Board of Elections track registration | 3 | | data received through the online registration system that | 4 | | originated from a designated automatic voter registration | 5 | | agency for the purposes of maintaining statistics. | 6 | | Nothing in this Code shall require designated voter | 7 | | registration agencies to transmit information that is | 8 | | confidential client information under State or federal law | 9 | | without the consent of the applicant. | 10 | | (m) The State Board of Elections, each election authority | 11 | | that maintains a website, the Office of the Secretary of State, | 12 | | and each designated automatic voter registration agency that | 13 | | maintains a website shall provide information on their websites | 14 | | informing the public about the new registration procedures | 15 | | described in this Section. The Office of the Secretary of State | 16 | | and each designated automatic voter registration agency shall | 17 | | display signage or provide literature for the public containing | 18 | | information about the new registration procedures described in | 19 | | this Section. | 20 | | (n) No later than 6 months after the effective date of this | 21 | | amendatory Act of the 100th General Assembly, the State Board | 22 | | of Elections shall hold at least one public hearing on | 23 | | implementing this amendatory Act of the 100th General Assembly | 24 | | at which the public may provide input. | 25 | | (o) The State Board of Elections shall submit an annual | 26 | | public report to the General Assembly and the Governor |
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| 1 | | detailing the progress made to implement this Section. The | 2 | | report shall include all of the following: the number of | 3 | | records transferred under this Section by agency, the number of | 4 | | voters newly added to the statewide voter registration list | 5 | | because of records transferred under this Section by agency, | 6 | | the number of updated registrations under this Section by | 7 | | agency, the number of persons who opted out of voter | 8 | | registration, and the number of voters who submitted voter | 9 | | registration forms using the online procedure described in | 10 | | Section 1A-16.5 of this Code. The 2018 and 2019 annual reports | 11 | | may include less detail if election authorities are not | 12 | | equipped to provide complete information to the State Board of | 13 | | Elections. Any report produced under this subsection (o) shall | 14 | | exclude any information that identifies any individual | 15 | | personally. | 16 | | (p) The State Board of Elections, in consultation with | 17 | | election authorities, the Office of the Secretary of State, | 18 | | designated automatic voter registration agencies, and | 19 | | community organizations, shall adopt rules as necessary to | 20 | | implement the provisions of this Section. | 21 | | (10 ILCS 5/1A-16.8) | 22 | | Sec. 1A-16.8. Automatic transfer of registration based | 23 | | upon information from the National Change of Address database | 24 | | and designated automatic voter registration agencies . | 25 | | (a) The State Board of Elections shall cross-reference the |
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| 1 | | statewide voter registration database against the United | 2 | | States Postal Service's National Change of Address database | 3 | | twice each calendar year, April 15 and October 1 in | 4 | | odd-numbered years and April 15 and December 1 in even-numbered | 5 | | years or with the same frequency as in subsection (b) of this | 6 | | Section , and shall share the findings with the election | 7 | | authorities. | 8 | | (b) In addition, beginning no later than September 1, 2017, | 9 | | the State Board of Elections shall utilize data provided as | 10 | | part of its membership in the Electronic Registration | 11 | | Information Center in order to cross-reference the statewide | 12 | | voter registration database against databases of relevant | 13 | | personal information kept by designated automatic voter | 14 | | registration agencies, including, but not limited to, driver's | 15 | | license information kept by the Secretary of State, at least 6 | 16 | | times each calendar year and shall share the findings with | 17 | | election authorities. | 18 | | This subsection (b) shall no longer apply once Sections | 19 | | 1A-16.1 and 1A-16.2 of this Code are fully implemented as | 20 | | determined by the State Board of Elections. Upon a | 21 | | determination by the State Board of Elections of full | 22 | | implementation of Sections 1A-16.1 and 1A-16.2 of this Code, | 23 | | the State Board of Elections shall file notice of full | 24 | | implementation and the inapplicability of this subsection (b) | 25 | | with the Index Department of the Office of the Secretary of | 26 | | State, the Governor, the General Assembly, and the Legislative |
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| 1 | | Reference Bureau. | 2 | | (b-5) The State Board of Elections shall not be required to | 3 | | share any data on any voter attained using the National Change | 4 | | of Address database under subsection (a) of this Section if | 5 | | that voter has a more recent government transaction indicated | 6 | | using the cross-reference under subsection (b) of this Section. | 7 | | If there is contradictory or unclear data between data obtained | 8 | | under subsections (a) and (b) of this Section, then data | 9 | | obtained under subsection (b) of this Section shall take | 10 | | priority. | 11 | | (c) An election authority shall automatically register any | 12 | | voter who has moved into its jurisdiction from another | 13 | | jurisdiction in Illinois or has moved within its jurisdiction | 14 | | provided that: | 15 | | (1) the election authority whose jurisdiction includes | 16 | | the new registration address provides the voter an | 17 | | opportunity to reject the change in registration address | 18 | | through a mailing, sent by non-forwardable mail, to the new | 19 | | registration address, and | 20 | | (2) when the election authority whose jurisdiction | 21 | | includes the previous registration address is a different | 22 | | election authority, then that election authority provides | 23 | | the same opportunity through a mailing, sent by forwardable | 24 | | mail, to the previous registration address. | 25 | | This change in registration shall trigger the same | 26 | | inter-jurisdictional or intra-jurisdictional workflows as if |
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| 1 | | the voter completed a new registration card, including the | 2 | | cancellation of the voter's previous registration. Should the | 3 | | registration of a voter be changed from one address to another | 4 | | within the State and should the voter appear at the polls and | 5 | | offer to vote from the prior registration address, attesting | 6 | | that the prior registration address is the true current | 7 | | address, the voter, if confirmed by the election authority as | 8 | | having been registered at the prior registration address and | 9 | | canceled only by the process authorized by this Section, shall | 10 | | be issued a regular ballot, and the change of registration | 11 | | address shall be canceled. If the election authority is unable | 12 | | to immediately confirm the registration, the voter shall be | 13 | | permitted to register and vote a regular ballot, provided that | 14 | | he or she meets the documentary requirements for same-day | 15 | | registration. If the election authority is unable to confirm | 16 | | the registration and the voter does not meet the requirements | 17 | | for same-day registration, the voter shall be issued a | 18 | | provisional ballot.
| 19 | | (d) No voter shall be disqualified from voting due to an | 20 | | error relating to an update of registration under this Section. | 21 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.) | 22 | | (10 ILCS 5/1A-16.9 new) | 23 | | Sec. 1A-16.9. Implementation. The changes made by this | 24 | | amendatory Act of the 100th General Assembly shall be | 25 | | implemented no later than July 1, 2018, except for the changes |
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| 1 | | made to Section 1A-16.2 of this Code. | 2 | | Section 15. The Illinois Vehicle Code is amended by | 3 | | changing Section 2-105 as follows:
| 4 | | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
| 5 | | Sec. 2-105. Offices of Secretary of State. | 6 | | (a) The Secretary of State shall maintain offices in the | 7 | | State capital and
in such other places in the State as he may | 8 | | deem necessary to properly
carry out the powers and duties | 9 | | vested in him.
| 10 | | (b) The Secretary of State may construct and equip one or | 11 | | more buildings in
the State of Illinois outside of the County | 12 | | of Sangamon as he deems
necessary to properly carry out the | 13 | | powers and duties vested in him. The
Secretary of State may, on | 14 | | behalf of the State of Illinois, acquire public
or private | 15 | | property needed therefor by lease, purchase or eminent domain.
| 16 | | The care, custody and control of such sites and buildings | 17 | | constructed
thereon shall be vested in the Secretary of State. | 18 | | Expenditures for the
construction and equipping of any of such | 19 | | buildings upon premises owned by
another public entity shall | 20 | | not be subject to the provisions of any State
law requiring | 21 | | that the State be vested with absolute fee title to the
| 22 | | premises. The exercise of the authority vested in the Secretary | 23 | | of State by
this Section is subject to the appropriation of the | 24 | | necessary funds.
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| 1 | | (c) Pursuant to Sections 1A-16.1, 1A-16.7, and Section | 2 | | 1A-25 of the Election Code,
the Secretary of State shall make | 3 | | driver services facilities available for use as places of | 4 | | accepting applications for voter registration.
| 5 | | (d) (Blank).
| 6 | | (e) Each person applying at a driver services facility for | 7 | | a driver's
license or permit, a corrected driver's license or | 8 | | permit, an Illinois
identification card or a corrected Illinois | 9 | | identification card
shall be notified , under the procedures set | 10 | | forth in Sections 1A-16.1 and 1A-16.7 of the Election Code, | 11 | | that unless he or she affirmatively declines, his or her | 12 | | personal information shall be transferred to the State Board of | 13 | | Elections for the purpose of creating an electronic voter | 14 | | registration application that the person may apply to register | 15 | | to vote at such station and may also apply to
transfer his or | 16 | | her voter registration at such station to a different address | 17 | | in the
State . Such notification may be made in
writing or | 18 | | verbally issued by an employee or the Secretary of State.
| 19 | | The Secretary of State shall promulgate such rules as may | 20 | | be necessary
for the efficient execution of his duties and the | 21 | | duties of his employees
under this Section.
| 22 | | (f) Any person applying at a driver services facility for | 23 | | issuance or renewal of a driver's license or Illinois | 24 | | Identification Card shall be provided, without charge, with a | 25 | | brochure warning the person of the dangers of financial | 26 | | identity theft. The Department of Financial and Professional |
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| 1 | | Regulation shall prepare these brochures and provide them to | 2 | | the Secretary of State for distribution. The brochures shall | 3 | | (i) identify signs warning the reader that he or she might be | 4 | | an intended victim of the crime of financial identity theft, | 5 | | (ii) instruct the reader in how to proceed if the reader | 6 | | believes that he or she is the victim of the crime of identity | 7 | | theft, and (iii) provide the reader with names and telephone | 8 | | numbers of law enforcement and other governmental agencies that | 9 | | provide assistance to victims of financial identity theft. | 10 | | (g) The changes made by this amendatory Act of the 100th | 11 | | General Assembly shall be implemented no later than July 1, | 12 | | 2018. | 13 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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