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Public Act 100-1088


 

Public Act 1088 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-1088
 
SB3488 EnrolledLRB100 20676 RJF 36129 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Anti-registry Program Act.
 
    Section 5. Definitions. As used in this Act:
    "Agency" means any State or local government department,
agency, division, commission, council, committee, board, or
other body established by authority of a statute, ordinance, or
executive order.
    "Agent" means any person employed by or acting on behalf of
an agency.
    "Personal demographic information" means information
concerning a person's race, color, gender identity, age,
religion, disability, national origin, ancestry, sexual
orientation, marital status, military status, order of
protection status, pregnancy, or unfavorable discharge from
military service that can be used to contact, track, locate,
identify, or reasonably infer the identity of, a specific
individual.
    "Registry program" means a public, private, or joint
public-private initiative: (1) for which particular
individuals or groups of individuals, designated on the basis
of their race, color, gender identity, age, religion,
disability, national origin, ancestry, sexual orientation,
marital status, military status, order of protection status,
pregnancy, or unfavorable discharge from military service, are
required by law to register; and (2) whose primary purpose is
to compile a list of individuals who fall within a demographic
category identified by their race, color, gender identity, age,
religion, disability, national origin, ancestry, sexual
orientation, marital status, military status, order of
protection status, pregnancy, or unfavorable discharge from
military service. "Registry program" does not include: (1) any
initiative whose purpose is administration of services,
benefits, contracts, or programs, including permits, licenses,
and other regulatory programs; (2) the decennial census
mandated by Article I, Section 2 of the United States
Constitution; or (3) Selective Service registration as
required under Chapter 49 of Title 50 of the United States
Code.
 
    Section 10. Prohibition on participation in registry
programs.
    (a) No agent or agency shall use any moneys, facilities,
property, equipment, or personnel of the agency, or any
personal demographic information in the agency's possession,
to participate in or provide support in any manner for the
creation, publication, or maintenance of a registry program.
    (b) Notwithstanding any other law to the contrary, no agent
or agency shall provide or disclose to any government authority
personal demographic information that is not otherwise
publicly available regarding any individual that is requested
for the purpose of: (1) creating a registry program; or (2)
requiring registration of persons in a registry program. No
agent or agency shall make available personal demographic
information that is not otherwise publicly available from any
agency database for such purposes, including any database
maintained by a private vendor under contract with the agency.
 
    Section 15. Construction.
    (a) Nothing in this Act prohibits an agent or agency from
sending to, or receiving from, any local, State, or federal
agency, aggregate information concerning personal demographic
information in any case in which such information cannot be
used to identify individual persons.
    (b) Nothing in this Act prohibits an agent or agency from
sending to, or receiving from, a federal agency charged with
enforcement of federal immigration law information regarding
an individual's citizenship or immigration status, lawful or
unlawful. For purposes of this Act, "information regarding an
individual's citizenship or immigration status, lawful or
unlawful" shall be interpreted consistently with Section 1373
of Title 8 of the United States Code. This subsection (b) shall
no longer be effective if a court of competent jurisdiction
declares Section 1373 of Title 8 of the United States Code
unconstitutional.
    (c) Nothing in this Act prohibits an agent or agency from
creating or maintaining a database that contains personal
demographic information where such information is collected
for purposes of complying with anti-discrimination laws or laws
regarding the administration of public benefits, or for
purposes of ensuring agency programs adequately serve their
respective communities, or where the agency collects this
information to administer or ensure equal access to agency
services, benefits, contracts, and programs, or for the purpose
of tax administration by the Department of Revenue, or the
information is contained within personnel files kept in the
ordinary course of business. For the purposes of this
subsection (c), "programs" includes permits, licenses, and
other regulatory programs.

Effective Date: 1/1/2019