Rep. Luis Arroyo
Filed: 5/21/2008
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1 | AMENDMENT TO HOUSE BILL 4861
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2 | AMENDMENT NO. ______. Amend House Bill 4861 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 6-117 as follows:
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6 | (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
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7 | Sec. 6-117. Records to be kept by the Secretary of State.
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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.
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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,
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16 | suspension, and disqualification of driving privileges of |
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1 | persons not licensed
under this Chapter, and such records shall | ||||||
2 | note the reasons for such
action.
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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.
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6 | (d) The Secretary of State may also maintain appropriate | ||||||
7 | records of any
accident reports received.
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8 | (e) The Secretary of State shall also maintain appropriate | ||||||
9 | records
of any disposition of supervision or records
relative
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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.
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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.
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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 |
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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 |
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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.
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22 | (Source: P.A. 94-75, eff. 1-1-06; 95-382, eff. 8-23-07.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
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