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

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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-Enrolled.html

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AN ACT concerning public safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Identification Card Act is amended
by changing Section 11A as follows:
(15 ILCS 335/11A)
Sec. 11A. Emergency contact database.
(a) The Secretary of State shall establish a database of
the emergency contacts of persons who hold identification
cards. Information in the database shall be accessible only to
employees of the Office of the Secretary and law enforcement
officers employed by a law enforcement agency. Law enforcement
officers may share information contained in the emergency
contact database, including disabilities and special needs
information, with other public safety workers on scene, as
needed to conduct official law enforcement duties.
(b) Any person holding an identification card shall be
afforded the opportunity to provide the Secretary of State, in
a manner and form designated by the Secretary of State, the
name, address, telephone number, and relationship to the holder
of no more than 2 emergency contact persons whom the holder
wishes to be contacted by a law enforcement officer if the
holder is involved in a motor vehicle accident or other

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emergency situation and the holder is unable to communicate
with the contact person or persons and may designate whether
the holder has a disability or is a special needs individual. A
contact person need not be the holder's next of kin.
(c) 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 emergency contact, disability, and
special needs information;
(2) the method whereby a holder may provide the
Secretary of State with a change to the emergency contact,
disability, and special needs information; and
(3) any other aspect of the database or its operation
that the Secretary determines is necessary to implement
this Section.
(d) If a person involved in a motor vehicle accident or
other emergency situation is unable to communicate with the
contact person or persons specified in the database, a law
enforcement officer shall make a good faith effort to notify
the contact person or persons of the situation. Neither the law
enforcement officer nor the law enforcement agency that employs
that law enforcement officer incurs any liability, however, if
the law enforcement officer is not able to make contact with
the contact person. Except for willful or wanton misconduct,
neither the law enforcement officer, nor the law enforcement

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agency that employs the law enforcement officer, shall incur
any liability relating to the reporting or use of the database
during a motor vehicle accident or other emergency situation.
(e) The Secretary of State shall make a good faith effort
to maintain accurate data as provided by the identification
card holder and to provide that information to law enforcement
as provided in subsection (a). The Secretary of State is not
liable for any damages, costs, or expenses, including, without
limitation, consequential damages, arising or resulting from
any inaccurate or incomplete data or system unavailability.
Except for willful or wanton misconduct, the Secretary of State
shall not incur any liability relating to the reporting of
disabilities or special needs individuals.
(f) As used in this Section:
"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 impairment.
"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.
"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

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that required by individuals generally.
(Source: P.A. 95-898, eff. 7-1-09.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 6-117.2 as follows:
(625 ILCS 5/6-117.2)
Sec. 6-117.2. Emergency contact database.
(a) The Secretary of State shall establish a database of
the emergency contacts of persons who hold a driver's license,
instruction permit, or any other type of driving permit issued
by the Secretary of State. Information in the database shall be
accessible only to employees of the Office of the Secretary and
law enforcement officers employed by a law enforcement agency.
Law enforcement officers may share information contained in the
emergency contact database, including disabilities and special
needs information, with other public safety workers on scene,
as needed to conduct official law enforcement duties.
(b) Any person holding a 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, the name, address, telephone number, and
relationship to the holder of no more than 2 emergency contact
persons whom the holder wishes to be contacted by a law
enforcement officer if the holder is involved in a motor

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vehicle accident or other emergency situation and the holder is
unable to communicate with the contact person or persons and
may designate whether the holder has a disability or is a
special needs individual. A contact person need not be the
holder's next of kin.
(c) 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 emergency contact, disability, and
special needs information;
(2) the method whereby a holder may provide the
Secretary of State with a change to the emergency contact,
disability, and special needs information; and
(3) any other aspect of the database or its operation
that the Secretary determines is necessary to implement
this Section.
(d) If a person involved in a motor vehicle accident or
other emergency situation is unable to communicate with the
contact person or persons specified in the database, a law
enforcement officer shall make a good faith effort to notify
the contact person or persons of the situation. Neither the law
enforcement officer nor the law enforcement agency that employs
that law enforcement officer incurs any liability, however, if
the law enforcement officer is not able to make contact with
the contact person. Except for willful or wanton misconduct,

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neither the law enforcement officer, nor the law enforcement
agency that employs the law enforcement officer, shall incur
any liability relating to the reporting or use of the database
during a motor vehicle accident or other emergency situation.
(e) The Secretary of State shall make a good faith effort
to maintain accurate data as provided by the driver's license
or instruction permit holder and to provide that information to
law enforcement as provided in subsection (a). The Secretary of
State is not liable for any damages, costs, or expenses,
including, without limitation, consequential damages, arising
or resulting from any inaccurate or incomplete data or system
unavailability. Except for willful or wanton misconduct, the
Secretary of State shall not incur any liability relating to
the reporting of disabilities or special needs individuals.
(f) As used in this Section:
"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 impairment.
"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.
"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

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require health and related services of a type or amount beyond
that required by individuals generally.
(Source: P.A. 95-898, eff. 7-1-09.)
Section 99. Effective date. This Act takes effect January
1, 2011.