SB1911 95TH GENERAL ASSEMBLY

LRB095 14842 DRH 40782 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1911

Introduced 1/16/2008, by Sen. Antonio Munoz

SYNOPSIS AS INTRODUCED:

15 ILCS 335/11A new
625 ILCS 5/3-835 new

Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that the Secretary of State shall establish a database of the next of kin of persons who are issued State identification cards and driver's licenses or permits. Provides that information in the database shall be accessible only to employees of the Office of the Secretary, deputy registrars, and law enforcement officers. Provides that, when a person applies for a State identification card or a driver's license or permit, the applicant shall be afforded the opportunity to list the name, address, telephone number, and relationship to the applicant of at least one contact person whom the applicant wishes to be contacted by a law enforcement officer if the applicant is involved in a motor vehicle accident or other emergency situation and the applicant is unable to communicate with the contact person. Provides that a law enforcement officer shall make a good faith effort to notify the contact person of the situation, but neither the officer nor his or her employing law enforcement agency incurs any liability if the officer is not able to make contact with the contact person.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

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 adding Section 11A as follows:

(15 ILCS 335/11A new)

Sec. 11A. Next of kin database.

(a) The Secretary of State shall establish a database of the next of kin of persons who are issued identification cards. Information in the database shall be accessible only to employees of the Office of the Secretary, deputy registrars, and law enforcement officers employed by a law enforcement agency.

(b) When a person applies for an identification card, the applicant shall be afforded the opportunity to list the name, address, telephone number, and relationship to the applicant of at least one contact person whom the applicant wishes to be contacted by a law enforcement officer if the applicant is involved in a motor vehicle accident or other emergency situation and the applicant is unable to communicate with the contact person. The contact person may or may not be a next of kin of the applicant.

(c) The Secretary shall adopt rules to implement this Section. At a minimum, the rules shall address all of the following:

(1) the methods whereby a person who has submitted the name of a contact person for inclusion in the database may make changes to that entry;

(2) whether or not the entries in the database are to be included at any location and in any form on identification cards. If database entries are placed on identification cards, the entries shall be in a form so that they can be read only by employees of the bureau, deputy registrars, and law enforcement officers employed by a law enforcement agency; 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 specified in the database, a law enforcement officer shall make a good faith effort to notify the contact person 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.

Section 10. The Illinois Vehicle Code is amended by adding Section 3-835 as follows:

(625 ILCS 5/3-835 new)

Sec. 3-835. Next of kin database.

(a) The Secretary of State shall establish a database of the next of kin of persons who are issued certificates of registration, driver's licenses or permits, and commercial driver's licenses. Information in the database shall be accessible only to employees of the Office of the Secretary, deputy registrars, and law enforcement officers employed by a law enforcement agency.

(b) When a person applies for a certificate of registration, driver's license or permit, or a commercial driver's license, the applicant shall be afforded the opportunity to list the name, address, telephone number, and relationship to the applicant of at least one contact person whom the applicant wishes to be contacted by a law enforcement officer if the applicant is involved in a motor vehicle accident or other emergency situation and is unable to communicate with the contact person. The contact person may or may not be a next of kin of the applicant.

(c) The Secretary shall adopt rules to implement this Section. At a minimum, the rules shall address all of the following:

(1) the methods whereby a person who has submitted the name of a contact person for inclusion in the database may make changes to that entry;

(2) whether or not the entries in the database are to be included at any location and in any form on driver's licenses, commercial driver's licenses, temporary instruction permits, or identification cards. If database entries are placed on these items, the entries shall be in a form so that they can be read only by employees of the bureau, deputy registrars, and law enforcement officers employed by a law enforcement agency; 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 specified in the database, a law enforcement officer shall make a good faith effort to notify the contact person 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.