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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. | ||||
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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