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Public Act 100-1088
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| SB3488 Enrolled | LRB100 20676 RJF 36129 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Anti-registry Program Act.
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Section 5. Definitions. As used in this Act:
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"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.
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"Agent" means any person employed by or acting on behalf of |
an agency.
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"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.
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"Registry program" means a public, private, or joint |
public-private initiative: (1) for which particular |
individuals or groups of individuals, designated on the basis |
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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.
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Section 10. Prohibition on participation in registry |
programs.
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(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.
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(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.
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Section 15. Construction.
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(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.
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(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 |
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declares Section 1373 of Title 8 of the United States Code |
unconstitutional.
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(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.
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