Illinois-2023-HB5209-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5209

Introduced , by Rep. Brad Halbrook

SYNOPSIS AS INTRODUCED:

`5 ILCS 805/Act rep.`
`15 ILCS 335/11`	`from Ch. 124, par. 31`
`625 ILCS 5/6-110.3`

Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately.

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A BILL FOR

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1 AN ACT concerning government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 (5 ILCS 805/Act rep.)

5 Section 5. The Illinois TRUST Act is repealed.

6 Section 10. The Illinois Identification Card Act is

7 amended by changing Section 11 as follows:

8 (15 ILCS 335/11) (from Ch. 124, par. 31)

9 (Text of Section before amendment by P.A. 103-210)

10 Sec. 11. Records.

11 (a) The Secretary may make a search of his records and

12 furnish information as to whether a person has a current

13 Standard Illinois Identification Card or an Illinois Person

14 with a Disability Identification Card then on file, upon

15 receipt of a written application therefor accompanied with the

16 prescribed fee. However, the Secretary may not disclose

17 medical information concerning an individual to any person,

18 public agency, private agency, corporation or governmental

19 body unless the individual has submitted a written request for

20 the information or unless the individual has given prior

21 written consent for the release of the information to a

22 specific person or entity. This exception shall not apply to:

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1 (1) offices and employees of the Secretary who have a need to

2 know the medical information in performance of their official

3 duties, or (2) orders of a court of competent jurisdiction.

4 When medical information is disclosed by the Secretary in

5 accordance with the provisions of this Section, no liability

6 shall rest with the Office of the Secretary of State as the

7 information is released for informational purposes only.

8 (b) Except as otherwise provided in this Section, the

9 Secretary may release personally identifying information only

10 to:

11 (1) officers and employees of the Secretary who have a

12 need to know that information for issuance of driver's

13 licenses, permits, or identification cards and

14 investigation of fraud or misconduct;

15 (2) other governmental agencies for use in their

16 official governmental functions;

17 (3) law enforcement agencies for a criminal or civil

18 investigation;

19 (3-5) the State Board of Elections as may be required

20 by an agreement the State Board of Elections has entered

21 into with a multi-state voter registration list

22 maintenance system; or

23 (4) any entity that the Secretary has authorized, by

24 rule.

25 (c) Except as otherwise provided in this Section, the

26 Secretary may release highly restricted personal information

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1 only to:

2 (1) officers and employees of the Secretary who have a

3 need to access the information for the issuance of

4 driver's licenses, permits, or identification cards and

5 investigation of fraud or misconduct;

6 (2) law enforcement officials for a criminal or civil

7 law enforcement investigation;

8 (3) the State Board of Elections for the purpose of

9 providing the signature for completion of voter

10 registration; or

11 (4) any other entity the Secretary has authorized by

12 rule.

13 (d) Documents required to be submitted with an application

14 for an identification card to prove the applicant's identity

15 (name and date of birth), social security number, written

16 signature, residency, and, as applicable, proof of lawful

17 status shall be confidential and shall not be disclosed except

18 to the following persons:

19 (1) the individual to whom the identification card was

20 issued, upon written request;

21 (2) officers and employees of the Secretary of State

22 who have a need to have access to the stored images for

23 purposes of issuing and controlling driver's licenses,

24 permits, or identification cards and investigation of

25 fraud or misconduct;

26 (3) law enforcement officials for a civil or criminal

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1 law enforcement investigation;

2 (4) other entities that the Secretary may authorize by

3 rule.

4 (e) The Secretary may not disclose an individual's social

5 security number or any associated information obtained from

6 the Social Security Administration without the written request

7 or consent of the individual except: (i) to officers and

8 employees of the Secretary who have a need to know the social

9 security number in the performance of their official duties;

10 (ii) to law enforcement officials for a civil or criminal law

11 enforcement investigation if an officer of the law enforcement

12 agency has made a written request to the Secretary specifying

13 the law enforcement investigation for which the social

14 security number is being sought; (iii) under a lawful court

15 order signed by a judge; (iv) to the Illinois Department of

16 Veterans' Affairs for the purpose of confirming veteran status

17 to agencies in other states responsible for the issuance of

18 state identification cards for participation in State-to-State

19 verification service; or (v) the last 4 digits to the Illinois

20 State Board of Elections for purposes of voter registration

21 and as may be required pursuant to an agreement for a

22 multi-state voter registration list maintenance system. The

23 Secretary retains the right to require additional verification

24 regarding the validity of a request from law enforcement. If

25 social security information is disclosed by the Secretary in

26 accordance with this Section, no liability shall rest with the

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1 Office of the Secretary of State or any of its officers or

2 employees, as the information is released for official

3 purposes only.

4 (f) The Secretary of State shall not provide facial

5 recognition search services or photographs obtained in the

6 process of issuing an identification card to any federal,

7 State, or local law enforcement agency or other governmental

8 entity for the purpose of enforcing federal immigration laws.

9 This subsection shall not apply to requests from federal,

10 State, or local law enforcement agencies or other governmental

11 entities for facial recognition search services or photographs

12 obtained in the process of issuing a driver's license or

13 permit when the purpose of the request relates to criminal

14 activity other than violations of immigration laws.

15 (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)

16 (Text of Section after amendment by P.A. 103-210)

17 Sec. 11. Records.

18 (a) The Secretary may make a search of his records and

19 furnish information as to whether a person has a current

20 Standard Illinois Identification Card or an Illinois Person

21 with a Disability Identification Card then on file, upon

22 receipt of a written application therefor accompanied with the

23 prescribed fee. However, the Secretary may not disclose

24 medical information concerning an individual to any person,

25 public agency, private agency, corporation or governmental

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1 body unless the individual has submitted a written request for

2 the information or unless the individual has given prior

3 written consent for the release of the information to a

4 specific person or entity. This exception shall not apply to:

5 (1) offices and employees of the Secretary who have a need to

6 know the medical information in performance of their official

7 duties, or (2) orders of a court of competent jurisdiction.

8 When medical information is disclosed by the Secretary in

9 accordance with the provisions of this Section, no liability

10 shall rest with the Office of the Secretary of State as the

11 information is released for informational purposes only.

12 (b) Except as otherwise provided in this Section, the

13 Secretary may release personally identifying information only

14 to:

15 (1) officers and employees of the Secretary who have a

16 need to know that information for issuance of driver's

17 licenses, permits, or identification cards and

18 investigation of fraud or misconduct;

19 (2) other governmental agencies for use in their

20 official governmental functions;

21 (3) law enforcement agencies for a criminal or civil

22 investigation, except as restricted by subsections (g) and

23 (h);

24 (3-5) the State Board of Elections as may be required

25 by an agreement the State Board of Elections has entered

26 into with a multi-state voter registration list

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1 maintenance system; or

2 (4) any entity that the Secretary has authorized, by

3 rule.

4 (c) Except as otherwise provided in this Section, the

5 Secretary may release highly restricted personal information

6 only to:

7 (1) officers and employees of the Secretary who have a

8 need to access the information for the issuance of

9 driver's licenses, permits, or identification cards and

10 investigation of fraud or misconduct;

11 (2) law enforcement officials for a criminal or civil

12 law enforcement investigation, except as restricted by

13 subsections (g) and (h);

14 (3) the State Board of Elections for the purpose of

15 providing the signature for completion of voter

16 registration; or

17 (4) any other entity the Secretary has authorized by

18 rule.

19 (d) Documents required to be submitted with an application

20 for an identification card to prove the applicant's identity

21 (name and date of birth), social security number or lack of a

22 social security number, written signature, residency, and, as

23 applicable, citizenship and immigration status and country of

24 citizenship shall be confidential and shall not be disclosed

25 except to the following persons:

26 (1) the individual to whom the identification card was

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1 issued, upon written request;

2 (2) officers and employees of the Secretary of State

3 who have a need to have access to the stored images for

4 purposes of issuing and controlling driver's licenses,

5 permits, or identification cards and investigation of

6 fraud or misconduct;

7 (3) law enforcement officials for a civil or criminal

8 law enforcement investigation, except as restricted by

9 subsections (g) and (h);

10 (4) other entities that the Secretary may authorize by

11 rule.

12 (e) The Secretary may not disclose an individual's social

13 security number or any associated information obtained from

14 the Social Security Administration without the written request

15 or consent of the individual except: (i) to officers and

16 employees of the Secretary who have a need to know the social

17 security number in the performance of their official duties;

18 (ii) except as restricted by subsections (g) and (h) to law

19 enforcement officials for a civil or criminal law enforcement

20 investigation if an officer of the law enforcement agency has

21 made a written request to the Secretary specifying the law

22 enforcement investigation for which the social security number

23 is being sought; (iii) under a lawful court order signed by a

24 judge; (iv) to the Illinois Department of Veterans' Affairs

25 for the purpose of confirming veteran status to agencies in

26 other states responsible for the issuance of state

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1 identification cards for participation in State-to-State

2 verification service; or (v) the last 4 digits to the Illinois

3 State Board of Elections for purposes of voter registration

4 and as may be required pursuant to an agreement for a

5 multi-state voter registration list maintenance system. The

6 Secretary retains the right to require additional verification

7 regarding the validity of a request from law enforcement. If

8 social security information is disclosed by the Secretary in

9 accordance with this Section, no liability shall rest with the

10 Office of the Secretary of State or any of its officers or

11 employees, as the information is released for official

12 purposes only.

13 (f) The Secretary of State shall not provide facial

14 recognition search services or photographs obtained in the

15 process of issuing an identification card to any federal,

16 State, or local law enforcement agency or other governmental

17 entity for the purpose of enforcing federal immigration laws.

18 This subsection shall not apply to requests from federal,

19 State, or local law enforcement agencies or other governmental

20 entities for facial recognition search services or photographs

21 obtained in the process of issuing a driver's license or

22 permit when the purpose of the request relates to criminal

23 activity other than violations of immigration laws.

24 (g) Notwithstanding any other provision of law, the

25 Secretary may not release highly restricted personal

26 information or personally identifying information or disclose

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1 documents described in subsection (d) to any immigration

2 agent~~, as defined in Section 10 of the Illinois TRUST Act,~~

3 unless necessary to comply with the following, to the extent

4 that production of such information or documents is

5 specifically required:

6 (1) a lawful court order;

7 (2) a judicial warrant signed by a judge appointed

8 pursuant to Article III of the Constitution of the United

9 States; or

10 (3) a subpoena for individual records issued by a

11 federal or State court.

12 When responding to such a court order, warrant, or

13 subpoena, the Secretary shall disclose only those documents or

14 information specifically requested. Within 3 business days of

15 receiving such a court order, warrant, or subpoena, the

16 Secretary shall send a notification to the individual about

17 whom such information was requested that a court order,

18 warrant, or subpoena was received and the identity of the

19 entity that presented the court order, warrant, or subpoena.

20 As used in this subsection (g), "immigration agent" means

21 an agent of federal Immigration and Customs Enforcement,

22 federal Customs and Border Protection, or any similar or

23 successor agency.

24 (h) The Secretary shall not enter into or maintain any

25 agreement regarding the sharing of any highly restricted

26 personal information or personally identifying information or

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1 documents described in subsection (d) unless all other parties

2 to such agreement certify that the information obtained will

3 not be used for civil immigration purposes or knowingly

4 disseminated to any third party for any purpose related to

5 civil immigration enforcement.

6 (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)

7 Section 15. The Illinois Vehicle Code is amended by

8 changing Section 6-110.3 as follows:

9 (625 ILCS 5/6-110.3)

10 (This Section may contain text from a Public Act with a

11 delayed effective date)

12 Sec. 6-110.3. Restrictions on use of information for

13 certain purposes.

14 (a) Notwithstanding any other provision of law, the

15 Secretary may not release or make accessible in any manner any

16 highly restricted personal information as defined in Section

17 1-125.9 or personally identifying information as defined in

18 Section 1-159.2, provide images, photos, or facial recognition

19 services as described in Section 6-110.1, or disclose

20 documents as described in Section 6-110.2 to any immigration

21 agent ~~as defined in Section 10 of the Illinois TRUST Act,~~

22 unless necessary to comply with the following, to the extent

23 that production of such information or documents is

24 specifically required:

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1 (1) a lawful court order;

2 (2) a judicial warrant signed by a judge appointed

3 pursuant to Article III of the Constitution of the United

4 States; or

5 (3) a subpoena for individual records issued by a

6 federal or State court.

7 When responding to such a court order, warrant, or

8 subpoena, the Secretary shall disclose only those documents or

9 information specifically requested. Within 3 business days of

10 receiving such a court order, warrant, or subpoena, the

11 Secretary shall send a notification to the individual about

12 whom such information was requested that a court order,

13 warrant, or subpoena was received and the identity of the

14 entity that presented the court order, warrant, or subpoena.

15 As used in this subsection (a), "immigration agent" means

16 an agent of federal Immigration and Customs Enforcement,

17 federal Customs and Border Protection, or any similar or

18 successor agency.

19 (b) The Secretary shall not enter into or maintain any

20 agreement regarding the sharing of any highly restricted

21 personal information as defined in Section 1-125.9, personally

22 identifying information as defined in Section 1-159.2, images

23 or photos described in Section 6-110.1, or documents described

24 in Section 6-110.2 unless all other parties to such agreement

25 certify that the information obtained will not be used for

26 civil immigration purposes or knowingly disseminated to any

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1 third party for any purpose related to civil immigration

2 enforcement.

3 (Source: P.A. 103-210, eff. 7-1-24.)

4 Section 95. No acceleration or delay. Where this Act makes

5 changes in a statute that is represented in this Act by text

6 that is not yet or no longer in effect (for example, a Section

7 represented by multiple versions), the use of that text does

8 not accelerate or delay the taking effect of (i) the changes

9 made by this Act or (ii) provisions derived from any other

10 Public Act.