Bill Status of SB 2978   103rd General Assembly

Short Description:  VEH CD-DATA PRIVACY LAW

Senate Sponsors
Sen. Sara Feigenholtz

House Sponsors
(Rep. Margaret Croke)


Last Action  View All Actions

DateChamber Action
  5/31/2024HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
625 ILCS 5/1-100from Ch. 95 1/2, par. 1-100
625 ILCS 5/Ch. 2A heading new
625 ILCS 5/2A-101 new
625 ILCS 5/2A-102 new
625 ILCS 5/2A-103 new
625 ILCS 5/2A-104 new
625 ILCS 5/2A-105 new
625 ILCS 5/2A-106 new
625 ILCS 5/2A-107 new
625 ILCS 5/2A-108 new
625 ILCS 5/2A-109 new
625 ILCS 5/2A-110 new
625 ILCS 5/2A-111 new
625 ILCS 5/2A-112 new
625 ILCS 5/2A-113 new
625 ILCS 5/2A-114 new
625 ILCS 5/2A-115 new
625 ILCS 5/2A-116 new
625 ILCS 5/2A-117 new
625 ILCS 5/2-123 rep.
625 ILCS 5/6-110.1 rep.
625 ILCS 5/6-110.2 rep.
625 ILCS 5/6-110.3 rep.

Synopsis As Introduced
Amends the Illinois Vehicle Code. Creates the Driver and Motor Vehicle Records Data Privacy Law. Provides that the purpose is to comply with the federal Driver's Privacy Protection Act of 1994 in order to protect the interest of individuals in their personal privacy by prohibiting the disclosure and use of personal information contained in their motor vehicle record, except as authorized by the individual or by law. Adds provisions concerning: disclosure of social security number; confidentiality of captured photographs, signatures, and images; confidentiality of documents submitted with applications for driver's licenses and vehicle transactions; restrictions on use of information for immigration enforcement; disclosure with consent; permitted disclosures; fees; commercial requesters; access agreements; audits; redisclosures; prohibitions and violations; data system security breaches; procedural safeguards; and rules. Repeals provisions of the Illinois Vehicle Code regarding confidentiality of captured photographs and images; confidentiality of documents submitted with an application for a driver's license; restrictions on use of information; and sale and distribution of information.

Senate Committee Amendment No. 1
Deletes reference to:
625 ILCS 5/2A-107

Provides that an exception to a provision concerning the confidentiality of photographs, signatures, and images obtained in the process of issuing or applying for a driver's license, permit, identification card, or in connection to a Certificate of Title or vehicle registration is notwithstanding any other provision of law. Provides that those photographs, signatures, and images may be disclosed to the individual to whom the driver's license, permit, identification card, Certificate of Title, or vehicle registration was issued, upon written request (rather than to the individual upon written request). In a provision concerning disclosure of those photographs, signatures, and images to law enforcement officials for a civil or criminal law enforcement investigation, adds a cross-reference to provisions setting forth restrictions on the use of certain information for immigration enforcement. Corrects cross-references. Removes a provision concerning confidentiality of documents submitted with an application for a driver's license.

Senate Floor Amendment No. 2
In a provision limiting civil liability for the Secretary of State or the Secretary's departments or employees for the improper use or release of motor vehicle records to certain persons, provides an exception for willful or wanton misconduct. Makes a grammatical change.

House Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes. Defines "law enforcement agency" and "material breach". Allows the Secretary to disclose a social security number provided to the Secretary in connection with a motor vehicle record to the Treasurer for purposes of administering the Revised Uniform Unclaimed Property Act. Allows (i) photographs, signatures, and images obtained by the Secretary in the process of issuing a driver's license, permit, identification card, or in connection to a certificate of title or vehicle registration or (ii) documents required to be submitted with an application for a certificate of title, vehicle registration, or driver's license to be disclosed to law enforcement officials for a civil or criminal law enforcement investigation only if an officer of the law enforcement agency has made a written request to the Secretary specifying the law enforcement investigation for which the photographs, signatures, and images or documents are being sought. Removes language allowing the Secretary to limit the number of persons authorized to obtain direct electronic access and to restrict, or establish priority for, access to motor vehicle records as the Secretary deems necessary to avoid disruption to the Secretary's normal operations, or as the Secretary deems is in the best interests of the public. Removes language providing that every requester must execute an access agreement and agree to be responsible for (i) maintaining security procedures in the requester's network and procedures deemed appropriate in the sole discretion of the Secretary, (ii) providing to the Secretary the names, work addresses, and work phone numbers of all persons responsible for maintaining motor vehicle record files provided by the Secretary or otherwise executing the provisions of an access agreement on behalf of the requester, (iii) providing a written certification that the Secretary's motor vehicle records or any portion thereof shall not be transferred, nor accessed outside of the United States, electronically or otherwise, and (iv) certifying that no employee nor officer of the requester accessing motor vehicle records has been convicted of a felony, or that at least 5 years have passed since the completion of the sentence. Removes language allowing the Secretary to require an agreement that a requester seeking to obtain motor vehicle records shall hold harmless and indemnify the Secretary for any money damages, criminal fines, civil penalties, court costs, and attorney's fees awarded to any person or entity by any State or federal court resulting from any disclosure by the requester or by any person to whom the requester provided information from a motor vehicle record that is contrary to State or federal law. Makes other changes.

Actions 
DateChamber Action
  1/31/2024SenateFiled with Secretary by Sen. Sara Feigenholtz
  1/31/2024SenateFirst Reading
  1/31/2024SenateReferred to Assignments
  2/6/2024SenateAssigned to Judiciary
  3/8/2024SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Sara Feigenholtz
  3/8/2024SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/12/2024SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/15/2024SenateRule 2-10 Committee Deadline Established As April 5, 2024
  3/20/2024SenateSenate Committee Amendment No. 1 Adopted
  3/21/2024SenateDo Pass as Amended Judiciary; 008-000-000
  3/21/2024SenatePlaced on Calendar Order of 2nd Reading March 22, 2024
  3/22/2024SenateSecond Reading
  3/22/2024SenatePlaced on Calendar Order of 3rd Reading April 9, 2024
  4/1/2024SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Sara Feigenholtz
  4/1/2024SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/9/2024SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  4/10/2024SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000
  4/12/2024SenateRule 2-10 Third Reading Deadline Established As April 19, 2024
  4/19/2024SenateRule 2-10 Third Reading Deadline Established As May 3, 2024
  5/2/2024SenateRecalled to Second Reading
  5/2/2024SenateSenate Floor Amendment No. 2 Adopted; Feigenholtz
  5/2/2024SenatePlaced on Calendar Order of 3rd Reading
  5/2/2024SenateThird Reading - Passed; 037-018-000
  5/3/2024HouseArrived in House
  5/3/2024HouseChief House Sponsor Rep. Margaret Croke
  5/3/2024HouseFirst Reading
  5/3/2024HouseReferred to Rules Committee
  5/13/2024HouseAssigned to Executive Committee
  5/13/2024HouseCommittee/Final Action Deadline Extended-9(b) May 24, 2024
  5/15/2024HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Margaret Croke
  5/15/2024HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/16/2024HouseHouse Committee Amendment No. 1 Rules Refers to Executive Committee
  5/20/2024HouseHouse Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote
  5/20/2024HouseDo Pass as Amended / Short Debate Executive Committee; 008-004-000
  5/21/2024HousePlaced on Calendar 2nd Reading - Short Debate
  5/21/2024HouseSecond Reading - Short Debate
  5/21/2024HouseHeld on Calendar Order of Second Reading - Short Debate
  5/22/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/22/2024HousePlaced on Calendar - Consideration Postponed
  5/24/2024HouseThird Reading/Final Action Deadline Extended-9(b) May 27, 2024
  5/26/2024HouseThird Reading/Final Action Deadline Extended-9(b) May 31, 2024
  5/31/2024HouseRule 19(a) / Re-referred to Rules Committee

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