Public Act 095-1034
 		





HB4861 Enrolled
LRB095 15331 LCT 41319 b






    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 6-117 as follows:
 



    (625 ILCS 5/6-117)  (from Ch. 95 1/2, par. 6-117)



    Sec. 6-117. Records to be kept by the Secretary of State. 

    (a) The Secretary of State shall file every application for 
a license or
permit accepted under this Chapter, and shall 
maintain suitable
indexes thereof. The records of the Secretary 
of State shall indicate the
action taken with respect to such 
applications.

    (b) The Secretary of State shall maintain appropriate 
records of all
licenses and permits refused, cancelled, 
disqualified, revoked, or suspended and of the
revocation,


suspension, and disqualification of driving privileges of 
persons not licensed
under this Chapter, and such records shall 
note the reasons for such
action.

    (c) The Secretary of State shall maintain appropriate 
records of
convictions reported under this Chapter. Records of 
conviction may be
maintained in a computer processible medium.

    (d) The Secretary of State may also maintain appropriate 
records of any
accident reports received.

    (e) The Secretary of State shall also maintain appropriate 
records
of any disposition of supervision or records
relative

to a driver's referral to a driver remedial or rehabilitative 
program, as
required by the Secretary of State or the courts.  
Such records shall only
be available for use by the Secretary, 
the driver licensing administrator of any other state, law 
enforcement agencies, the
courts, and the affected driver or, 
upon proper verification,
such affected driver's attorney.

    (f) The Secretary of State shall also maintain or contract 
to maintain
appropriate records of all photographs and 
signatures obtained in the process
of issuing any driver's 
license, permit, or identification card.  The record
shall be 
confidential and shall not be disclosed except to those 
entities
listed under Section 6-110.1 of this Code.

    (g) The Secretary of State may establish a First Person 
Consent organ and tissue donor registry in compliance with 
subsection (b-1) of Section 5-20 of the Illinois Anatomical 
Gift Act, as follows:
            (1)  The Secretary shall offer, to each applicant 
    for issuance or renewal of a driver's license or 
    identification card who is 18 years of age or older, the 
    opportunity to have his or her name included in the First 
    Person Consent organ and tissue donor registry. The 
    Secretary must advise the applicant or licensee that he or 
    she is under no compulsion to have his or her name included 
    in the registry. An individual who agrees to having his or 
    her name included in the First Person Consent organ and 
    tissue donor registry has given full legal consent to the 
    donation of any of his or her organs or tissue upon his or 
    her death.  A brochure explaining this method of executing 
    an anatomical gift must be given to each applicant for 
    issuance or renewal of a driver's license or identification 
    card.  The brochure must advise the applicant or licensee 
    (i) that he or she is under no compulsion to have his or 
    her name included in this registry and (ii) that he or she 
    may wish to consult with family, friends, or clergy before 
    doing so.
            (2)  The Secretary of State may establish 
    additional methods by which an individual may have his or 
    her name included in the First Person Consent organ and 
    tissue donor registry.
            (3)  When an individual has agreed to have his or 
    her name included in the First Person Consent organ and 
    tissue donor registry, the Secretary of State shall note 
    that agreement in the First Person consent organ and tissue 
    donor registry.   Representatives of federally designated 
    organ procurement agencies and tissue banks and the offices 
    of Illinois county coroners and medical examiners may 
    inquire of the Secretary of State whether a potential organ 
    donor's name is included in the First Person Consent organ 
    and tissue donor registry, and the Secretary of State may 
    provide that information to the representative.
            (4)  An individual may withdraw his or her consent 
    to be listed in the First Person Consent organ and tissue 
    donor registry maintained by the Secretary of State by 
    notifying the Secretary of State in writing, or by any 
    other means approved by the Secretary, of the individual's 
    decision to have his or her name removed from the registry.
            (5)  The Secretary of State may undertake 
    additional efforts, including education and awareness 
    activities, to promote organ and tissue donation.
            (6)  In the absence of gross negligence or willful 
    misconduct, the Secretary  of State and his or her employees 
    are immune from any civil or criminal liability in 
    connection with an individual's consent to be listed in the 
    organ and tissue donor registry.

(Source: P.A. 94-75, eff. 1-1-06; 95-382, eff. 8-23-07.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.