|
Rep. Luis Arroyo
Filed: 5/21/2008
|
|
09500HB4861ham003 |
|
LRB095 15331 LCT 51203 a |
|
|
1 |
| AMENDMENT TO HOUSE BILL 4861
|
2 |
| AMENDMENT NO. ______. Amend House Bill 4861 by replacing |
3 |
| everything after the enacting clause with the following:
|
4 |
| "Section 5. The Illinois Vehicle Code is amended by |
5 |
| changing Section 6-117 as follows:
|
6 |
| (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
|
7 |
| Sec. 6-117. Records to be kept by the Secretary of State.
|
8 |
| (a) The Secretary of State shall file every application for |
9 |
| a license or
permit accepted under this Chapter, and shall |
10 |
| maintain suitable
indexes thereof. The records of the Secretary |
11 |
| of State shall indicate the
action taken with respect to such |
12 |
| applications.
|
13 |
| (b) The Secretary of State shall maintain appropriate |
14 |
| records of all
licenses and permits refused, cancelled, |
15 |
| disqualified, revoked, or suspended and of the
revocation,
|
16 |
| suspension, and disqualification of driving privileges of |
|
|
|
09500HB4861ham003 |
- 2 - |
LRB095 15331 LCT 51203 a |
|
|
1 |
| persons not licensed
under this Chapter, and such records shall |
2 |
| note the reasons for such
action.
|
3 |
| (c) The Secretary of State shall maintain appropriate |
4 |
| records of
convictions reported under this Chapter. Records of |
5 |
| conviction may be
maintained in a computer processible medium.
|
6 |
| (d) The Secretary of State may also maintain appropriate |
7 |
| records of any
accident reports received.
|
8 |
| (e) The Secretary of State shall also maintain appropriate |
9 |
| records
of any disposition of supervision or records
relative
|
10 |
| to a driver's referral to a driver remedial or rehabilitative |
11 |
| program, as
required by the Secretary of State or the courts. |
12 |
| Such records shall only
be available for use by the Secretary, |
13 |
| the driver licensing administrator of any other state, law |
14 |
| enforcement agencies, the
courts, and the affected driver or, |
15 |
| upon proper verification,
such affected driver's attorney.
|
16 |
| (f) The Secretary of State shall also maintain or contract |
17 |
| to maintain
appropriate records of all photographs and |
18 |
| signatures obtained in the process
of issuing any driver's |
19 |
| license, permit, or identification card. The record
shall be |
20 |
| confidential and shall not be disclosed except to those |
21 |
| entities
listed under Section 6-110.1 of this Code.
|
22 |
| (g) The Secretary of State may establish a First Person |
23 |
| Consent organ and tissue donor registry in compliance with |
24 |
| subsection (b-1) of Section 5-20 of the Illinois Anatomical |
25 |
| Gift Act, as follows: |
26 |
| (1) The Secretary shall offer, to each applicant |
|
|
|
09500HB4861ham003 |
- 3 - |
LRB095 15331 LCT 51203 a |
|
|
1 |
| for issuance or renewal of a driver's license or |
2 |
| identification card who is 18 years of age or older, the |
3 |
| opportunity to have his or her name included in the First |
4 |
| Person Consent organ and tissue donor registry. The |
5 |
| Secretary must advise the applicant or licensee that he or |
6 |
| she is under no compulsion to have his or her name included |
7 |
| in the registry. An individual who agrees to having his or |
8 |
| her name included in the First Person Consent organ and |
9 |
| tissue donor registry has given full legal consent to the |
10 |
| donation of any of his or her organs or tissue upon his or |
11 |
| her death. A brochure explaining this method of executing |
12 |
| an anatomical gift must be given to each applicant for |
13 |
| issuance or renewal of a driver's license or identification |
14 |
| card. The brochure must advise the applicant or licensee |
15 |
| (i) that he or she is under no compulsion to have his or |
16 |
| her name included in this registry and (ii) that he or she |
17 |
| may wish to consult with family, friends, or clergy before |
18 |
| doing so. |
19 |
| (2) The Secretary of State may establish |
20 |
| additional methods by which an individual may have his or |
21 |
| her name included in the First Person Consent organ and |
22 |
| tissue donor registry. |
23 |
| (3) When an individual has agreed to have his or |
24 |
| her name included in the First Person Consent organ and |
25 |
| tissue donor registry, the Secretary of State shall note |
26 |
| that agreement in the First Person consent organ and tissue |
|
|
|
09500HB4861ham003 |
- 4 - |
LRB095 15331 LCT 51203 a |
|
|
1 |
| donor registry. Representatives of federally designated |
2 |
| organ procurement agencies and tissue banks and the offices |
3 |
| of Illinois county coroners and medical examiners may |
4 |
| inquire of the Secretary of State whether a potential organ |
5 |
| donor's name is included in the First Person Consent organ |
6 |
| and tissue donor registry, and the Secretary of State may |
7 |
| provide that information to the representative. |
8 |
| (4) An individual may withdraw his or her consent |
9 |
| to be listed in the First Person Consent organ and tissue |
10 |
| donor registry maintained by the Secretary of State by |
11 |
| notifying the Secretary of State in writing, or by any |
12 |
| other means approved by the Secretary, of the individual's |
13 |
| decision to have his or her name removed from the registry. |
14 |
| (5) The Secretary of State may undertake |
15 |
| additional efforts, including education and awareness |
16 |
| activities, to promote organ and tissue donation. |
17 |
| (6) In the absence of gross negligence or willful |
18 |
| misconduct, the Secretary of State and his or her employees |
19 |
| are immune from any civil or criminal liability in |
20 |
| connection with an individual's consent to be listed in the |
21 |
| organ and tissue donor registry.
|
22 |
| (Source: P.A. 94-75, eff. 1-1-06; 95-382, eff. 8-23-07.)
|
23 |
| Section 99. Effective date. This Act takes effect upon |
24 |
| becoming law.".
|