Full Text of SB3488 100th General Assembly
SB3488enr 100TH GENERAL ASSEMBLY |
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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 | | Section 1. Short title. This Act may be cited as the | 5 | | Anti-registry Program Act. | 6 | | Section 5. Definitions. As used in this Act:
| 7 | | "Agency" means any State or local government department, | 8 | | agency, division, commission, council, committee, board, or | 9 | | other body established by authority of a statute, ordinance, or | 10 | | executive order.
| 11 | | "Agent" means any person employed by or acting on behalf of | 12 | | an agency.
| 13 | | "Personal demographic information" means information | 14 | | concerning a person's race, color, gender identity, age, | 15 | | religion, disability, national origin, ancestry, sexual | 16 | | orientation, marital status, military status, order of | 17 | | protection status, pregnancy, or unfavorable discharge from | 18 | | military service that can be used to contact, track, locate, | 19 | | identify, or reasonably infer the identity of, a specific | 20 | | individual.
| 21 | | "Registry program" means a public, private, or joint | 22 | | public-private initiative: (1) for which particular | 23 | | individuals or groups of individuals, designated on the basis |
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| 1 | | of their race, color, gender identity, age, religion, | 2 | | disability, national origin, ancestry, sexual orientation, | 3 | | marital status, military status, order of protection status, | 4 | | pregnancy, or unfavorable discharge from military service, are | 5 | | required by law to register; and (2) whose primary purpose is | 6 | | to compile a list of individuals who fall within a demographic | 7 | | category identified by their race, color, gender identity, age, | 8 | | religion, disability, national origin, ancestry, sexual | 9 | | orientation, marital status, military status, order of | 10 | | protection status, pregnancy, or unfavorable discharge from | 11 | | military service. "Registry program" does not include: (1) any | 12 | | initiative whose purpose is administration of services, | 13 | | benefits, contracts, or programs, including permits, licenses, | 14 | | and other regulatory programs; (2) the decennial census | 15 | | mandated by Article I, Section 2 of the United States | 16 | | Constitution; or (3) Selective Service registration as | 17 | | required under Chapter 49 of Title 50 of the United States | 18 | | Code.
| 19 | | Section 10. Prohibition on participation in registry | 20 | | programs.
| 21 | | (a) No agent or agency shall use any moneys, facilities, | 22 | | property, equipment, or personnel of the agency, or any | 23 | | personal demographic information in the agency's possession, | 24 | | to participate in or provide support in any manner for the | 25 | | creation, publication, or maintenance of a registry program.
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| 1 | | (b) Notwithstanding any other law to the contrary, no agent | 2 | | or agency shall provide or disclose to any government authority | 3 | | personal demographic information that is not otherwise | 4 | | publicly available regarding any individual that is requested | 5 | | for the purpose of: (1) creating a registry program; or (2) | 6 | | requiring registration of persons in a registry program. No | 7 | | agent or agency shall make available personal demographic | 8 | | information that is not otherwise publicly available from any | 9 | | agency database for such purposes, including any database | 10 | | maintained by a private vendor under contract with the agency.
| 11 | | Section 15. Construction.
| 12 | | (a) Nothing in this Act prohibits an agent or agency from | 13 | | sending to, or receiving from, any local, State, or federal | 14 | | agency, aggregate information concerning personal demographic | 15 | | information in any case in which such information cannot be | 16 | | used to identify individual persons.
| 17 | | (b) Nothing in this Act prohibits an agent or agency from | 18 | | sending to, or receiving from, a federal agency charged with | 19 | | enforcement of federal immigration law information regarding | 20 | | an individual's citizenship or immigration status, lawful or | 21 | | unlawful. For purposes of this Act, "information regarding an | 22 | | individual's citizenship or immigration status, lawful or | 23 | | unlawful" shall be interpreted consistently with Section 1373 | 24 | | of Title 8 of the United States Code. This subsection (b) shall | 25 | | no longer be effective if a court of competent jurisdiction |
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| 1 | | declares Section 1373 of Title 8 of the United States Code | 2 | | unconstitutional.
| 3 | | (c) Nothing in this Act prohibits an agent or agency from | 4 | | creating or maintaining a database that contains personal | 5 | | demographic information where such information is collected | 6 | | for purposes of complying with anti-discrimination laws or laws | 7 | | regarding the administration of public benefits, or for | 8 | | purposes of ensuring agency programs adequately serve their | 9 | | respective communities, or where the agency collects this | 10 | | information to administer or ensure equal access to agency | 11 | | services, benefits, contracts, and programs, or for the purpose | 12 | | of tax administration by the Department of Revenue, or the | 13 | | information is contained within personnel files kept in the | 14 | | ordinary course of business. For the purposes of this | 15 | | subsection (c), "programs" includes permits, licenses, and | 16 | | other regulatory programs.
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