Bill Text: IL HB5669 | 2009-2010 | 96th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Creates the Secretary of State Special Needs Alert Act. Establishes the special needs alert database to ensure persons with disabilities, special needs, or both have the same access to public safety services as provided to all citizens. Provides that the special needs alert database shall be connected to the Secretary of State vehicle, driver, and identification card database in a manner that allows public safety workers to access information relating to the disability or special need of individual. Provides that any person holding a vehicle registration, State identification card, driver's license, instruction permit, or any other type of driving permit issued by the Secretary of State shall be afforded the opportunity to provide the Secretary of State, in a manner and form designated by the Secretary of State, disability or special needs information relating to the holder or any disabled or special needs individual that does not hold identification issued by the Secretary of State and for which the holder is the primary caregiver. Provides that the Secretary of State shall adopt rules to implement this Act. Contains provisions concerning data control and accessibility, confidentiality, liability, and duration, among others. Effective immediately.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2010-07-22 - Public Act . . . . . . . . . 96-1168 [HB5669 Detail]

Download: Illinois-2009-HB5669-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5669 Introduced 2/9/2010, by Rep. Tom Cross - Timothy L. Schmitz SYNOPSIS AS INTRODUCED:
New Act
Creates the Secretary of State Special Needs Alert Act. Establishes the special needs alert database to ensure persons with disabilities, special needs, or both have the same access to public safety services as provided to all citizens. Provides that the special needs alert database shall be connected to the Secretary of State vehicle, driver, and identification card database in a manner that allows public safety workers to access information relating to the disability or special need of individual. Provides that any person holding a vehicle registration, State identification card, driver's license, instruction permit, or any other type of driving permit issued by the Secretary of State shall be afforded the opportunity to provide the Secretary of State, in a manner and form designated by the Secretary of State, disability or special needs information relating to the holder or any disabled or special needs individual that does not hold identification issued by the Secretary of State and for which the holder is the primary caregiver. Provides that the Secretary of State shall adopt rules to implement this Act. Contains provisions concerning data control and accessibility, confidentiality, liability, and duration, among others. Effective immediately.
LRB096 19999 AJT 35486 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5669 LRB096 19999 AJT 35486 b
AN ACT concerning public safety.
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
Secretary of State Special Needs Alert Act.
Section 5. Purpose. It is the policy of the State of
Illinois to ensure that consistently high levels of public
safety services are available to all members of the State,
including people who may require special consideration in order
to access services. This Act shall seek to afford people with
disabilities or special needs or both the same access to public
safety services provided to all citizens. It is the intent of
this Act to offer guidance and direction to public safety
workers in responding to and assisting those people with
special needs, disabilities, or both with whom they will have
contact in the performance of their duties and
responsibilities. The ability to effectively deal with
disabled or special needs individuals is enhanced with
knowledge or information. The ability to identify disabled or
special needs individuals, their places of employment,
educational facilities, and residences are valuable resources
in instances when or if an emergency response by law
enforcement or fire protection personnel or both are needed.

HB5669 - 2 - LRB096 19999 AJT 35486 b
Section 10. Definitions. As used in this Act:
"Disability" means an individual's physical or mental
impairment that substantially limits one or more of the major
life activities; a record of such impairment; or when the
individual is regarded as having such an impairment.
"Special needs individuals" means those individuals who
have or are at increased risk for a chronic physical,
developmental, behavioral, or emotional condition and who also
require health and related services of a type or amount beyond
that required by individuals generally.
"Public safety worker" means a person employed by this
State or a political subdivision thereof that provides
firefighting, law enforcement, medical, or other emergency
services.
"Secretary of State identification database" means any
database maintained by the Secretary of State that is
accessible by a public safety worker and contains information
identifying persons who hold: a vehicle registration; a
driver's license, instruction permit, or any other type of
driving permit; or a State identification card.
"Special needs alert database" means a database of disabled
or special needs individuals maintained by the Secretary of
State that is connected to Secretary of State identification
database in a manner that allows public safety workers to
access information relating to the disability or special need

HB5669 - 3 - LRB096 19999 AJT 35486 b
of the individual.
Section 15. Special needs alert database.
(a) The Secretary of State shall establish a special needs
alert database of persons with a disability or special needs
who hold a vehicle registration, State identification card,
driver's license, instruction permit, or any other type of
driving permit issued by the Secretary of State. The special
needs alert database shall be connected to the Secretary of
State identification database in a manner that allows public
safety workers to access information relating to the disability
or special need of individuals.
(b) The Secretary of State shall make reasonable efforts to
publicize the special needs alert database. The means of
publicizing the database shall include, but are not limited to,
pamphlets and websites.
(c) Any person holding a vehicle registration, State
identification card, driver's license, instruction permit, or
any other type of driving permit issued by the Secretary of
State shall be afforded the opportunity to provide the
Secretary of State, in a manner and form designated by the
Secretary of State, disability or special needs information
relating to the holder or any disabled or special needs
individual that does not hold identification issued by the
Secretary of State and for which the holder is the primary
caregiver.

HB5669 - 4 - LRB096 19999 AJT 35486 b
(d) The Secretary shall adopt rules to implement this
Section. At a minimum, the rules shall address all of the
following:
(1) the method whereby a holder may provide the
Secretary of State with disability or special needs
information;
(2) the method whereby a holder may provide the
Secretary of State with a change to the disability or
special needs information; and
(3) any other aspect of the database or its operation
that the Secretary determines is necessary to implement
this Section.
Section 20. Data accessibility. When disability or special
needs information is accessed in any Secretary of State
database, a public safety worker shall relay the information to
other public safety workers when the information relevant in
assisting the public safety needs of the disabled or special
needs individual.
Section 24. Data control. Any person designated by the
Secretary of State to control data entered into the special
needs alert database shall develop policies and procedures for
the control of such data.
Section 25. Confidentiality. The information contained in

HB5669 - 5 - LRB096 19999 AJT 35486 b
the special needs alert database shall remain strictly
confidential. Information in the special needs alert database
shall be accessible only to employees of the Office of the
Secretary of State or public safety workers employed by this
State or any political subdivision thereof. The information
shall be used only to provide assistance to public safety
workers. No public safety worker shall knowingly violate this
Section. Citizens who believe their health privacy rights have
been violated may file a complaint with the U.S. Department of
Health and Human Services (DHHS) via the Office of Civil Rights
(OCR).
Section 30. No waiver. Nothing in this Act shall be
construed as a waiver of any right of privacy in any law
relating to the confidentiality or privacy of personal
information or medical records, including provisions under the
Federal Health Insurance Portability and Accountability Act
(HIPAA).
Section 35. Liability. Except for willful or wanton
misconduct, a public safety worker shall not be subject to
civil liabilities for duties relating to the reporting of
special needs individuals.
Section 40. Citizen advisory. Citizens electing to provide
disability or special needs information pursuant to this Act

HB5669 - 6 - LRB096 19999 AJT 35486 b
must be advised that the provision of disability or special
needs information will not result in preferential treatment.
Section 45. Duration of Act. The establishment and
continued existence of the special needs alert database shall
be based on funding availability.
Section 999. Effective date. This Act takes effect upon
becoming law.