Bill Text: IL SB3488 | 2017-2018 | 100th General Assembly | Chaptered
Bill Title: Creates the Anti-Registry Program Act. Provides that no agent or agency shall use any moneys, facilities, property, equipment, or personnel of the agency to participate in or provide support in any manner for the creation, publication, or maintenance of a registry program. Provides that no agent or agency shall provide or disclose to any government authority personal demographic information 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. Provides that no agent or agency shall make available personal demographic information from any agency database, including any database maintained by a private vendor under contract with the agency. Provides provisions regarding the construction and interpretation of the Act. Defines terms.
Spectrum: Partisan Bill (Democrat 39-0)
Status: (Passed) 2018-08-24 - Public Act . . . . . . . . . 100-1088 [SB3488 Detail]
Download: Illinois-2017-SB3488-Chaptered.html
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Public Act 100-1088 | ||||
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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 |
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 |
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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