Bill Text: IL HB4285 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Freedom of Information Act, the Election Code, and the Illinois Vehicle Code. Restores the provisions that were amended by Public Act 100-464 to the form in which they existed before their amendment by Public Act 100-464. Effective immediately.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2020-01-29 - Added Chief Co-Sponsor Rep. John M. Cabello [HB4285 Detail]

Download: Illinois-2019-HB4285-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4285 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
5 ILCS 140/7.5
10 ILCS 5/1A-16.6
10 ILCS 5/1A-16.8
10 ILCS 5/1-16 rep.
10 ILCS 5/1A-16.1 rep.
10 ILCS 5/1A-16.2 rep.
10 ILCS 5/1A-16.7 rep.
10 ILCS 5/1A-16.9 rep.
625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105
Amends the Freedom of Information Act, the Election Code, and the Illinois Vehicle Code. Restores the provisions that were amended by Public Act 100-464 to the form in which they existed before their amendment by Public Act 100-464. Effective immediately.
LRB101 18000 SMS 67438 b
A BILL FOR
HB4285 LRB101 18000 SMS 67438 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating

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to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information

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or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair

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County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied

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for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services

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Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) (Blank) Records that are exempt from disclosure
under Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day and
temporary labor service agencies but are exempt from

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disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session prohibited
from disclosure under the First Responders Suicide
Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois

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Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) (oo) Information prohibited from being disclosed
under the Illinois Educational Labor Relations Act.
(zz) (pp) Information prohibited from being disclosed
under the Illinois Public Labor Relations Act.
(aaa) (qq) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;

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101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised
1-6-20.)
Section 10. The Election Code is amended by changing
Sections 1A-16.6 and 1A-16.8 as follows:
(10 ILCS 5/1A-16.6)
Sec. 1A-16.6. Government agency voter registration.
(a) By April 1, 2016, the State Board of Elections shall
establish and maintain a portal for government agency
registration that permits an eligible person to electronically
apply to register to vote or to update his or her existing
voter registration whenever he or she conducts business, either
online or in person, with a designated government agency. The
portal shall interface with the online voter registration
system established in Section 1A-16.5 of this Code and shall be
capable of receiving and processing voter registration
application information, including electronic signatures, from
a designated government agency. The State Board of Elections
shall modify the online voter registration system as necessary
to implement this Section.
Voter registration data received from a designated
government agency through the online registration system shall
be processed as provided for in Section 1A-16.5 of this Code.
Whenever the registration interface is accessible to the

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general public, including, but not limited to, online
transactions, the interface shall allow the applicant to
complete the process as provided for in Section 1A-16.5 of this
Code. The online interface shall be capable of providing the
applicant with the applicant's voter registration status with
the State Board of Elections and, if registered, the
applicant's current registration address. The applicant shall
not be required to re-enter any registration data, such as
name, address, and birth date, if the designated government
agency already has that information on file. The applicant
shall be informed that by choosing to register to vote or to
update his or her existing voter registration, the applicant
consents to the transfer of the applicant's personal
information to the State Board of Elections.
Whenever a government employee is accessing the
registration system while servicing the applicant, the
government employee shall notify the applicant of the
applicant's registration status with the State Board of
Elections and, if registered, the applicant's current
registration address. If the applicant elects to register to
vote or to update his or her existing voter registration, the
government employee shall collect the needed information and
assist the applicant with his or her registration. The
applicant shall be informed that by choosing to register to
vote or to update his or her existing voter registration, the
applicant consents to the transfer of the applicant's personal

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information to the State Board of Elections.
In accordance with technical specifications provided by
the State Board of Elections, each designated government agency
shall maintain a data transfer mechanism capable of
transmitting voter registration application information,
including electronic signatures where available, to the online
voter registration system established in Section 1A-16.5 of
this Code. Each designated government agency shall establish
and operate a voter registration system capable of transmitting
voter registration application information to the portal as
described in this Section by July 1, 2016.
(b) Whenever an applicant's data is transferred from a
designated government agency, the agency must transmit a
signature image if available. If no signature image was
provided by the agency or if no signature image is available in
the Secretary of State's database or the statewide voter
registration database, the applicant must be notified that
their registration will remain in a pending status and the
applicant will be required to provide identification and a
signature to the election authority on Election Day in the
polling place or during early voting.
(c) The State Board of Elections shall track registration
data received through the online registration system that
originated from a designated government agency for the purposes
of maintaining statistics required by the federal National
Voter Registration Act of 1993, as amended.

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(d) The State Board of Elections shall submit a report to
the General Assembly and the Governor by December 1, 2015
detailing the progress made to implement the government agency
voter registration portal described in this Section.
(e) The Board shall adopt rules, in consultation with the
impacted agencies.
(f) As used in this Section, a "designated government
agency" means the Secretary of State's Driver Services and
Vehicle Services Departments, the Department of Human
Services, the Department of Healthcare and Family Services, the
Department of Employment Security, and the Department on Aging;
however, if the designated government agency becomes a
designated automatic voter registration agency under Section
1A-16.1 or Section 1A-16.2 of this Code, that agency shall
cease to be a designated government agency under this Section.
(Source: P.A. 100-464, eff. 8-28-17.)
(10 ILCS 5/1A-16.8)
Sec. 1A-16.8. Automatic transfer of registration based
upon information from the National Change of Address database
and designated automatic voter registration agencies.
(a) The State Board of Elections shall cross-reference the
statewide voter registration database against the United
States Postal Service's National Change of Address database
twice each calendar year, April 15 and October 1 in
odd-numbered years and April 15 and December 1 in even-numbered

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years or with the same frequency as in subsection (b) of this
Section, and shall share the findings with the election
authorities.
(b) In addition, beginning no later than September 1, 2017,
the State Board of Elections shall utilize data provided as
part of its membership in the Electronic Registration
Information Center in order to cross-reference the statewide
voter registration database against databases of relevant
personal information kept by designated automatic voter
registration agencies, including, but not limited to, driver's
license information kept by the Secretary of State, at least 6
times each calendar year and shall share the findings with
election authorities.
This subsection (b) shall no longer apply once Sections
1A-16.1 and 1A-16.2 of this Code are fully implemented as
determined by the State Board of Elections. Upon a
determination by the State Board of Elections of full
implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
the State Board of Elections shall file notice of full
implementation and the inapplicability of this subsection (b)
with the Index Department of the Office of the Secretary of
State, the Governor, the General Assembly, and the Legislative
Reference Bureau.
(b-5) The State Board of Elections shall not be required to
share any data on any voter attained using the National Change
of Address database under subsection (a) of this Section if

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that voter has a more recent government transaction indicated
using the cross-reference under subsection (b) of this Section.
If there is contradictory or unclear data between data obtained
under subsections (a) and (b) of this Section, then data
obtained under subsection (b) of this Section shall take
priority.
(c) An election authority shall automatically register any
voter who has moved into its jurisdiction from another
jurisdiction in Illinois or has moved within its jurisdiction
provided that:
(1) the election authority whose jurisdiction includes
the new registration address provides the voter an
opportunity to reject the change in registration address
through a mailing, sent by non-forwardable mail, to the new
registration address, and
(2) when the election authority whose jurisdiction
includes the previous registration address is a different
election authority, then that election authority provides
the same opportunity through a mailing, sent by forwardable
mail, to the previous registration address.
This change in registration shall trigger the same
inter-jurisdictional or intra-jurisdictional workflows as if
the voter completed a new registration card, including the
cancellation of the voter's previous registration. Should the
registration of a voter be changed from one address to another
within the State and should the voter appear at the polls and

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offer to vote from the prior registration address, attesting
that the prior registration address is the true current
address, the voter, if confirmed by the election authority as
having been registered at the prior registration address and
canceled only by the process authorized by this Section, shall
be issued a regular ballot, and the change of registration
address shall be canceled. If the election authority is unable
to immediately confirm the registration, the voter shall be
permitted to register and vote a regular ballot, provided that
he or she meets the documentary requirements for same-day
registration. If the election authority is unable to confirm
the registration and the voter does not meet the requirements
for same-day registration, the voter shall be issued a
provisional ballot.
(d) No voter shall be disqualified from voting due to an
error relating to an update of registration under this Section.
(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
(10 ILCS 5/1-16 rep.)
(10 ILCS 5/1A-16.1 rep.)
(10 ILCS 5/1A-16.2 rep.)
(10 ILCS 5/1A-16.7 rep.)
(10 ILCS 5/1A-16.9 rep.)
Section 15. The Election Code is amended by repealing
Sections 1-16, 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.9.

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Section 20. The Illinois Vehicle Code is amended by
changing Section 2-105 as follows:
(625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
Sec. 2-105. Offices of Secretary of State.
(a) The Secretary of State shall maintain offices in the
State capital and in such other places in the State as he may
deem necessary to properly carry out the powers and duties
vested in him.
(b) The Secretary of State may construct and equip one or
more buildings in the State of Illinois outside of the County
of Sangamon as he deems necessary to properly carry out the
powers and duties vested in him. The Secretary of State may, on
behalf of the State of Illinois, acquire public or private
property needed therefor by lease, purchase or eminent domain.
The care, custody and control of such sites and buildings
constructed thereon shall be vested in the Secretary of State.
Expenditures for the construction and equipping of any of such
buildings upon premises owned by another public entity shall
not be subject to the provisions of any State law requiring
that the State be vested with absolute fee title to the
premises. The exercise of the authority vested in the Secretary
of State by this Section is subject to the appropriation of the
necessary funds.
(c) Pursuant to Sections 1A-16.1, 1A-16.7, and Section
1A-25 of the Election Code, the Secretary of State shall make

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driver services facilities available for use as places of
accepting applications for voter registration.
(d) (Blank).
(e) Each person applying at a driver services facility for
a driver's license or permit, a corrected driver's license or
permit, an Illinois identification card or a corrected Illinois
identification card shall be notified, under the procedures set
forth in Sections 1A-16.1 and 1A-16.7 of the Election Code,
that unless he or she affirmatively declines, his or her
personal information shall be transferred to the State Board of
Elections for the purpose of creating an electronic voter
registration application that the person may apply to register
to vote at such station and may also apply to transfer his or
her voter registration at such station to a different address
in the State. Such notification may be made in writing or
verbally issued by an employee or the Secretary of State.
The Secretary of State shall promulgate such rules as may
be necessary for the efficient execution of his duties and the
duties of his employees under this Section.
(f) Any person applying at a driver services facility for
issuance or renewal of a driver's license or Illinois
Identification Card shall be provided, without charge, with a
brochure warning the person of the dangers of financial
identity theft. The Department of Financial and Professional
Regulation shall prepare these brochures and provide them to
the Secretary of State for distribution. The brochures shall

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(i) identify signs warning the reader that he or she might be
an intended victim of the crime of financial identity theft,
(ii) instruct the reader in how to proceed if the reader
believes that he or she is the victim of the crime of identity
theft, and (iii) provide the reader with names and telephone
numbers of law enforcement and other governmental agencies that
provide assistance to victims of financial identity theft.
(g) The changes made by this amendatory Act of the 100th
General Assembly shall be implemented no later than July 1,
2018.
(Source: P.A. 100-464, eff. 8-28-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.