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90_HB0475sam001
LRB9000083NTsbam02
1 AMENDMENT TO HOUSE BILL 475
2 AMENDMENT NO. . Amend House Bill 475 by replacing
3 the title with the following:
4 "AN ACT concerning vehicles, amending named Acts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 3. The State Finance Act is amended by adding
8 Section 5.449 as follows:
9 (30 ILCS 105/5.449 new)
10 Sec. 5.449. The Secretary of State Opt Out
11 Administration Fund.
12 Section 5. The Illinois Vehicle Code is amended by
13 changing Section 2-123 as follows:
14 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
15 Sec. 2-123. Sale and Distribution of Information.
16 (a) Except as otherwise provided in this Section, the
17 Secretary may make the driver's license, vehicle and title
18 registration lists, in part or in whole, and any statistical
19 information derived from these lists available to local
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1 governments, elected state officials, state educational
2 institutions, public libraries and all other governmental
3 units of the State and Federal Government requesting them for
4 governmental purposes. The Secretary shall require any such
5 applicant for services to pay for the costs of furnishing
6 such services and the use of the equipment involved, and in
7 addition is empowered to establish prices and charges for the
8 services so furnished and for the use of the electronic
9 equipment utilized.
10 (b) The Secretary shall is further empowered to and he
11 may, in his discretion, furnish to any applicant, other than
12 listed in subsection (a) of this Section, vehicle or driver
13 data on a computer tape, disk, or printout at a fixed fee of
14 $400 $200 in advance and require in addition a further
15 sufficient deposit based upon the Secretary of State's
16 estimate of the total cost of the information requested and a
17 charge of $26 $20 per 1,000 units or part thereof identified
18 or the actual cost, whichever is greater. For a period of 3
19 years after the effective date of this amendatory Act of
20 1997, the Secretary may impose upon and collect from an
21 applicant that intends to use the information for commercial
22 solicitation purposes a surcharge of up to 15% of the amounts
23 otherwise due under this subsection (b) to offset the
24 expenses of administering the opt out provisions of
25 subsection (e-1) of this Section. The Secretary is authorized
26 to refund any difference between the additional deposit and
27 the actual cost of the request. This service shall not be in
28 lieu of an abstract of a driver's record nor of a title or
29 registration search. The information sold pursuant to this
30 subsection shall be the entire vehicle or driver data list,
31 or part thereof.
32 (c) Secretary of State may issue registration lists.
33 The Secretary of State shall compile and publish, at least
34 annually, a list of all registered vehicles. Each list of
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1 registered vehicles shall be arranged serially according to
2 the registration numbers assigned to registered vehicles and
3 shall contain in addition the names and addresses of
4 registered owners and a brief description of each vehicle
5 including the serial or other identifying number thereof.
6 Such compilation may be in such form as in the discretion of
7 the Secretary of State may seem best for the purposes
8 intended.
9 (d) The Secretary of State shall furnish no more than 2
10 current available lists of such registrations to the sheriffs
11 of all counties and to the chiefs of police of all cities and
12 villages and towns of 2,000 population and over in this State
13 at no cost. Additional copies may be purchased at the fee of
14 $400 each or at the cost of producing the list as determined
15 by the Secretary of State.
16 (e) The Secretary of State shall upon written request
17 and the payment of the fee of $400 furnish the current
18 available list of such motor vehicle registrations to any
19 person so long as the supply of available registration lists
20 shall last.
21 (e-1) Commercial purchasers of driver and vehicle record
22 databases shall enter into a written agreement with the
23 Secretary of State that includes disclosure of the commercial
24 use of the intended purchase. Affected drivers, vehicle
25 owners, or registrants may request that their personally
26 identifiable information not be used for commercial
27 solicitation purposes. The Secretary of State shall provide
28 drivers, individual vehicle owners, and registrants with a
29 clear and conspicuous opportunity, at the time of application
30 for vehicle registration and renewal and at the time of
31 application for a license or permit and renewal, to request
32 that their personally identifiable information not be used
33 for commercial solicitation purposes; moreover, the Secretary
34 of State shall make available at all Secretary of State
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1 facilities forms for making such a request.
2 (f) Title or registration search and certification
3 thereof - Fee. The Secretary of State shall make a title or
4 registration search of the records of his office and a
5 written report on the same for any person, upon written
6 application of such person, accompanied by a fee of $4 for
7 each registration or title search. No fee shall be charged
8 for a title or registration search, or for the certification
9 thereof requested by a government agency.
10 The Secretary of State shall certify a title or
11 registration record upon written request. The fee for
12 certification shall be $4 in addition to the fee required for
13 a title or registration search. Certification shall be made
14 under the signature of the Secretary of State and shall be
15 authenticated by Seal of the Secretary of State.
16 The Secretary of State may notify the vehicle owner or
17 registrant of the request for purchase of his title or
18 registration information as the Secretary deems appropriate.
19 The vehicle owner or registrant residence address and
20 other personally identifiable information on the record shall
21 not be disclosed. This nondisclosure shall not apply to
22 requests made by law enforcement officials, government
23 agencies, financial institutions, attorneys, insurers,
24 employers, automobile associated businesses, other business
25 entities for purposes consistent with the Illinois Vehicle
26 Code, the vehicle owner or registrant, or other entities as
27 the Secretary may exempt by rule and regulation. This
28 information may be withheld from the entities listed above,
29 except law enforcement and government agencies upon
30 presentation of a valid court order of protection for the
31 duration of the order.
32 No information shall be released to the requestor until
33 expiration of a 10 day period. This 10 day period shall not
34 apply to requests for information made by law enforcement
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1 officials, government agencies, financial institutions,
2 attorneys, insurers, employers, automobile associated
3 businesses, persons licensed as a private detective or firms
4 licensed as a private detective agency under the Private
5 Detective, Private Alarm, and Private Security Act of 1983,
6 who are employed by or are acting on behalf of law
7 enforcement officials, government agencies, financial
8 institutions, attorneys, insurers, employers, automobile
9 associated businesses, and other business entities for
10 purposes consistent with the Illinois Vehicle Code, the
11 vehicle owner or registrant or other entities as the
12 Secretary may exempt by rule and regulation.
13 Any misrepresentation made by a requestor of title or
14 vehicle information shall be punishable as a petty offense,
15 except in the case of persons licensed as a private detective
16 or firms licensed as a private detective agency which shall
17 be subject to disciplinary sanctions under Section 22 or 25
18 of the Private Detective, Private Alarm, and Private Security
19 Act of 1983.
20 (g) 1. The Secretary of State may, upon receipt of a
21 written request and a fee of $5, furnish to the person or
22 agency so requesting a driver's record. Such document
23 may include a record of: current driver's license
24 issuance information, except that the information on
25 judicial driving permits shall be available only as
26 otherwise provided by this Code; convictions; orders
27 entered revoking, suspending or cancelling a driver's
28 license or privilege; and notations of accident
29 involvement. All other information, unless otherwise
30 permitted by this Code, shall remain confidential.
31 2. The Secretary of State may certify an abstract
32 of a driver's record upon written request therefor.
33 Such certification shall be made under the signature of
34 the Secretary of State and shall be authenticated by the
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1 Seal of his office.
2 3. All requests for driving record information
3 shall be made in a manner prescribed by the Secretary.
4 The Secretary of State may notify the affected
5 driver of the request for purchase of his driver's record
6 as the Secretary deems appropriate.
7 The affected driver residence address and other
8 personally identifiable information on the record shall
9 not be disclosed. This nondisclosure shall not apply to
10 requests made by law enforcement officials, government
11 agencies, financial institutions, attorneys, insurers,
12 employers, automobile associated businesses, other
13 business entities for purposes consistent with the
14 Illinois Vehicle Code, the affected driver, or other
15 entities as the Secretary may exempt by rule and
16 regulation. This information may be withheld from the
17 entities listed above, except law enforcement and
18 government agencies, upon presentation of a valid court
19 order of protection for the duration of the order.
20 No information shall be released to the requester
21 until expiration of a 10 day period. This 10 day period
22 shall not apply to requests for information made by law
23 enforcement officials, government agencies, financial
24 institutions, attorneys, insurers, employers, automobile
25 associated businesses, persons licensed as a private
26 detective or firms licensed as a private detective agency
27 under the Private Detective, Private Alarm, and Private
28 Security Act of 1983, who are employed by or are acting
29 on behalf of law enforcement officials, government
30 agencies, financial institutions, attorneys, insurers,
31 employers, automobile associated businesses, and other
32 business entities for purposes consistent with the
33 Illinois Vehicle Code, the affected driver or other
34 entities as the Secretary may exempt by rule and
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1 regulation.
2 Any misrepresentation made by a requestor of driver
3 information shall be punishable as a petty offense,
4 except in the case of persons licensed as a private
5 detective or firms licensed as a private detective agency
6 which shall be subject to disciplinary sanctions under
7 Section 22 or 25 of the Private Detective, Private Alarm,
8 and Private Security Act of 1983.
9 4. The Secretary of State may furnish without fee,
10 upon the written request of a law enforcement agency, any
11 information from a driver's record on file with the
12 Secretary of State when such information is required in
13 the enforcement of this Code or any other law relating to
14 the operation of motor vehicles, including records of
15 dispositions; documented information involving the use of
16 a motor vehicle; whether such individual has, or
17 previously had, a driver's license; and the address and
18 personal description as reflected on said driver's
19 record.
20 5. Except as otherwise provided in this Section,
21 the Secretary of State may furnish, without fee,
22 information from an individual driver's record on file,
23 if a written request therefor is submitted by any public
24 transit system or authority, public defender, law
25 enforcement agency, a state or federal agency, or an
26 Illinois local intergovernmental association, if the
27 request is for the purpose of a background check of
28 applicants for employment with the requesting agency, or
29 for the purpose of an official investigation conducted by
30 the agency, or to determine a current address for the
31 driver so public funds can be recovered or paid to the
32 driver, or for any other lawful purpose.
33 The Secretary may also furnish the courts a copy of
34 an abstract of a driver's record, without fee, subsequent
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1 to an arrest for a violation of Section 11-501 or a
2 similar provision of a local ordinance. Such abstract
3 may include records of dispositions; documented
4 information involving the use of a motor vehicle as
5 contained in the current file; whether such individual
6 has, or previously had, a driver's license; and the
7 address and personal description as reflected on said
8 driver's record.
9 6. Any abstract issued by the Secretary of State
10 pursuant to this Section, to a court or on request of a
11 law enforcement agency, for the record of a named person
12 as to the status of the person's driver's license shall
13 be prima facie evidence of the facts therein stated and
14 if the name appearing in such abstract is the same as
15 that of a person named in an information or warrant, such
16 abstract shall be prima facie evidence that the person
17 named in such information or warrant is the same person
18 as the person named in such abstract.
19 7. Subject to any restrictions contained in the
20 Juvenile Court Act of 1987, and upon receipt of a proper
21 request and a fee of $5, the Secretary of State shall
22 provide a driver's record to the affected driver, or the
23 affected driver's attorney, upon verification. Such
24 record shall contain all the information referred to in
25 paragraph 1 of this subsection (g) plus: any recorded
26 accident involvement as a driver; information recorded
27 pursuant to subsection (e) of Section 6-117 and paragraph
28 4 of subsection (a) of Section 6-204 of this Code. All
29 other information, unless otherwise permitted by this
30 Code, shall remain confidential.
31 (h) The Secretary shall not disclose social security
32 numbers except pursuant to a written request by, or with the
33 prior written consent of, the individual except to: (1)
34 officers and employees of the Secretary who have a need to
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1 know the social security numbers in performance of their
2 official duties, (2) law enforcement officials for a lawful,
3 civil or criminal law enforcement investigation, and if the
4 head of the law enforcement agency has made a written request
5 to the Secretary specifying the law enforcement investigation
6 for which the social security numbers are being sought, (3)
7 the United States Department of Transportation, or any other
8 State, pursuant to the administration and enforcement of the
9 Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
10 the order of a court of competent jurisdiction, or (5) the
11 Department of Public Aid for utilization in the child support
12 enforcement duties assigned to that Department under
13 provisions of the Public Aid Code after the individual has
14 received advanced meaningful notification of what
15 redisclosure is sought by the Secretary in accordance with
16 the federal Privacy Act; provided, the redisclosure shall not
17 be authorized by the Secretary prior to September 30, 1992.
18 (i) The Secretary of State is empowered to promulgate
19 rules and regulations to effectuate this Section.
20 (j) Medical statements or medical reports received in
21 the Secretary of State's Office shall be confidential. No
22 confidential information may be open to public inspection or
23 the contents disclosed to anyone, except officers and
24 employees of the Secretary who have a need to know the
25 information contained in the medical reports and the Driver
26 License Medical Advisory Board, unless so directed by an
27 order of a court of competent jurisdiction.
28 (k) All fees collected under this Section shall be paid
29 into the Road Fund of the State Treasury, except that (i) $3
30 of the $5 fee for a driver's record shall be paid into the
31 Secretary of State Special Services Fund and (ii) the entire
32 surcharge collected under subsection (b) of this Section
33 shall be paid into the Secretary of State Opt Out
34 Administration Fund.
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1 The Secretary of State Opt Out Administration Fund is
2 created as a special fund in the State treasury. All money
3 in the Secretary of State Opt Out Administration Fund shall
4 be used, subject to appropriation by the General Assembly, by
5 the Secretary of State to administer the opt out provisions
6 of subsection (e-1) of this Section.
7 (l) The Secretary of State shall report his
8 recommendations to the General Assembly by January 1, 1993,
9 regarding the sale and dissemination of the information
10 maintained by the Secretary, including the sale of lists of
11 driver and vehicle records.
12 (Source: P.A. 88-208; 88-363; 88-670, eff. 12-2-94; 89-503,
13 eff. 7-1-96.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.".