Public Act 095-1034
 
HB4861 Enrolled LRB095 15331 LCT 41319 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 6-117 as follows:
 
    (625 ILCS 5/6-117)  (from Ch. 95 1/2, par. 6-117)
    Sec. 6-117. Records to be kept by the Secretary of State.
    (a) The Secretary of State shall file every application for
a license or permit accepted under this Chapter, and shall
maintain suitable indexes thereof. The records of the Secretary
of State shall indicate the action taken with respect to such
applications.
    (b) The Secretary of State shall maintain appropriate
records of all licenses and permits refused, cancelled,
disqualified, revoked, or suspended and of the revocation,
suspension, and disqualification of driving privileges of
persons not licensed under this Chapter, and such records shall
note the reasons for such action.
    (c) The Secretary of State shall maintain appropriate
records of convictions reported under this Chapter. Records of
conviction may be maintained in a computer processible medium.
    (d) The Secretary of State may also maintain appropriate
records of any accident reports received.
    (e) The Secretary of State shall also maintain appropriate
records of any disposition of supervision or records relative
to a driver's referral to a driver remedial or rehabilitative
program, as required by the Secretary of State or the courts.
Such records shall only be available for use by the Secretary,
the driver licensing administrator of any other state, law
enforcement agencies, the courts, and the affected driver or,
upon proper verification, such affected driver's attorney.
    (f) The Secretary of State shall also maintain or contract
to maintain appropriate records of all photographs and
signatures obtained in the process of issuing any driver's
license, permit, or identification card. The record shall be
confidential and shall not be disclosed except to those
entities listed under Section 6-110.1 of this Code.
    (g) The Secretary of State may establish a First Person
Consent organ and tissue donor registry in compliance with
subsection (b-1) of Section 5-20 of the Illinois Anatomical
Gift Act, as follows:
            (1) The Secretary shall offer, to each applicant
    for issuance or renewal of a driver's license or
    identification card who is 18 years of age or older, the
    opportunity to have his or her name included in the First
    Person Consent organ and tissue donor registry. The
    Secretary must advise the applicant or licensee that he or
    she is under no compulsion to have his or her name included
    in the registry. An individual who agrees to having his or
    her name included in the First Person Consent organ and
    tissue donor registry has given full legal consent to the
    donation of any of his or her organs or tissue upon his or
    her death. A brochure explaining this method of executing
    an anatomical gift must be given to each applicant for
    issuance or renewal of a driver's license or identification
    card. The brochure must advise the applicant or licensee
    (i) that he or she is under no compulsion to have his or
    her name included in this registry and (ii) that he or she
    may wish to consult with family, friends, or clergy before
    doing so.
            (2) The Secretary of State may establish
    additional methods by which an individual may have his or
    her name included in the First Person Consent organ and
    tissue donor registry.
            (3) When an individual has agreed to have his or
    her name included in the First Person Consent organ and
    tissue donor registry, the Secretary of State shall note
    that agreement in the First Person consent organ and tissue
    donor registry. Representatives of federally designated
    organ procurement agencies and tissue banks and the offices
    of Illinois county coroners and medical examiners may
    inquire of the Secretary of State whether a potential organ
    donor's name is included in the First Person Consent organ
    and tissue donor registry, and the Secretary of State may
    provide that information to the representative.
            (4) An individual may withdraw his or her consent
    to be listed in the First Person Consent organ and tissue
    donor registry maintained by the Secretary of State by
    notifying the Secretary of State in writing, or by any
    other means approved by the Secretary, of the individual's
    decision to have his or her name removed from the registry.
            (5) The Secretary of State may undertake
    additional efforts, including education and awareness
    activities, to promote organ and tissue donation.
            (6) In the absence of gross negligence or willful
    misconduct, the Secretary of State and his or her employees
    are immune from any civil or criminal liability in
    connection with an individual's consent to be listed in the
    organ and tissue donor registry.
(Source: P.A. 94-75, eff. 1-1-06; 95-382, eff. 8-23-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.