94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3679

 

Introduced 02/24/05, by Rep. Gary Hannig

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/2-123   from Ch. 95 1/2, par. 2-123

    Amends the Illinois Vehicle Code. Reduces from $500 to $250 the fee the Secretary of State may charge certain persons for providing driver or vehicle data in electronic format, computer processable medium, or printout. Reduces from $50 to $25 the additional amount the Secretary may charge those persons per 1,000 units of data. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3679 LRB094 03475 DRH 33478 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Section 2-123 as follows:
 
6     (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)
7     Sec. 2-123. Sale and Distribution of Information.
8     (a) Except as otherwise provided in this Section, the
9 Secretary may make the driver's license, vehicle and title
10 registration lists, in part or in whole, and any statistical
11 information derived from these lists available to local
12 governments, elected state officials, state educational
13 institutions, and all other governmental units of the State and
14 Federal Government requesting them for governmental purposes.
15 The Secretary shall require any such applicant for services to
16 pay for the costs of furnishing such services and the use of
17 the equipment involved, and in addition is empowered to
18 establish prices and charges for the services so furnished and
19 for the use of the electronic equipment utilized.
20     (b) The Secretary is further empowered to and he may, in
21 his discretion, furnish to any applicant, other than listed in
22 subsection (a) of this Section, vehicle or driver data on a
23 computer tape, disk, other electronic format or computer
24 processable medium, or printout at a fixed fee of $250 for
25 orders received before October 1, 2003, and $500 for orders
26 received on or after October 1, 2003 and before the effective
27 date of this amendatory Act of the 94th General Assembly, and
28 $250 for orders received on or after the effective date of this
29 amendatory Act of the 94th General Assembly, in advance, and
30 require in addition a further sufficient deposit based upon the
31 Secretary of State's estimate of the total cost of the
32 information requested and a charge of $25 for orders received

 

 

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1 before October 1, 2003, and $50 for orders received on or after
2 October 1, 2003 and before the effective date of this
3 amendatory Act of the 94th General Assembly, and $25 for orders
4 received on or after the effective date of this amendatory Act
5 of the 94th General Assembly, per 1,000 units or part thereof
6 identified or the actual cost, whichever is greater. The
7 Secretary is authorized to refund any difference between the
8 additional deposit and the actual cost of the request. This
9 service shall not be in lieu of an abstract of a driver's
10 record nor of a title or registration search. This service may
11 be limited to entities purchasing a minimum number of records
12 as required by administrative rule. The information sold
13 pursuant to this subsection shall be the entire vehicle or
14 driver data list, or part thereof. The information sold
15 pursuant to this subsection shall not contain personally
16 identifying information unless the information is to be used
17 for one of the purposes identified in subsection (f-5) of this
18 Section. Commercial purchasers of driver and vehicle record
19 databases shall enter into a written agreement with the
20 Secretary of State that includes disclosure of the commercial
21 use of the information to be purchased.
22     (c) Secretary of State may issue registration lists. The
23 Secretary of State shall compile and publish, at least
24 annually, a list of all registered vehicles. Each list of
25 registered vehicles shall be arranged serially according to the
26 registration numbers assigned to registered vehicles and shall
27 contain in addition the names and addresses of registered
28 owners and a brief description of each vehicle including the
29 serial or other identifying number thereof. Such compilation
30 may be in such form as in the discretion of the Secretary of
31 State may seem best for the purposes intended.
32     (d) The Secretary of State shall furnish no more than 2
33 current available lists of such registrations to the sheriffs
34 of all counties and to the chiefs of police of all cities and
35 villages and towns of 2,000 population and over in this State
36 at no cost. Additional copies may be purchased by the sheriffs

 

 

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1 or chiefs of police at the fee of $500 each or at the cost of
2 producing the list as determined by the Secretary of State.
3 Such lists are to be used for governmental purposes only.
4     (e) (Blank).
5     (e-1) (Blank).
6     (f) The Secretary of State shall make a title or
7 registration search of the records of his office and a written
8 report on the same for any person, upon written application of
9 such person, accompanied by a fee of $5 for each registration
10 or title search. The written application shall set forth the
11 intended use of the requested information. No fee shall be
12 charged for a title or registration search, or for the
13 certification thereof requested by a government agency. The
14 report of the title or registration search shall not contain
15 personally identifying information unless the request for a
16 search was made for one of the purposes identified in
17 subsection (f-5) of this Section. The report of the title or
18 registration search shall not contain highly restricted
19 personal information unless specifically authorized by this
20 Code.
21     The Secretary of State shall certify a title or
22 registration record upon written request. The fee for
23 certification shall be $5 in addition to the fee required for a
24 title or registration search. Certification shall be made under
25 the signature of the Secretary of State and shall be
26 authenticated by Seal of the Secretary of State.
27     The Secretary of State may notify the vehicle owner or
28 registrant of the request for purchase of his title or
29 registration information as the Secretary deems appropriate.
30     No information shall be released to the requestor until
31 expiration of a 10 day period. This 10 day period shall not
32 apply to requests for information made by law enforcement
33 officials, government agencies, financial institutions,
34 attorneys, insurers, employers, automobile associated
35 businesses, persons licensed as a private detective or firms
36 licensed as a private detective agency under the Private

 

 

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1 Detective, Private Alarm, Private Security, and Locksmith Act
2 of 2004, who are employed by or are acting on behalf of law
3 enforcement officials, government agencies, financial
4 institutions, attorneys, insurers, employers, automobile
5 associated businesses, and other business entities for
6 purposes consistent with the Illinois Vehicle Code, the vehicle
7 owner or registrant or other entities as the Secretary may
8 exempt by rule and regulation.
9     Any misrepresentation made by a requestor of title or
10 vehicle information shall be punishable as a petty offense,
11 except in the case of persons licensed as a private detective
12 or firms licensed as a private detective agency which shall be
13 subject to disciplinary sanctions under Section 40-10 of the
14 Private Detective, Private Alarm, Private Security, and
15 Locksmith Act of 2004.
16     (f-5) The Secretary of State shall not disclose or
17 otherwise make available to any person or entity any personally
18 identifying information obtained by the Secretary of State in
19 connection with a driver's license, vehicle, or title
20 registration record unless the information is disclosed for one
21 of the following purposes:
22         (1) For use by any government agency, including any
23     court or law enforcement agency, in carrying out its
24     functions, or any private person or entity acting on behalf
25     of a federal, State, or local agency in carrying out its
26     functions.
27         (2) For use in connection with matters of motor vehicle
28     or driver safety and theft; motor vehicle emissions; motor
29     vehicle product alterations, recalls, or advisories;
30     performance monitoring of motor vehicles, motor vehicle
31     parts, and dealers; and removal of non-owner records from
32     the original owner records of motor vehicle manufacturers.
33         (3) For use in the normal course of business by a
34     legitimate business or its agents, employees, or
35     contractors, but only:
36             (A) to verify the accuracy of personal information

 

 

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1         submitted by an individual to the business or its
2         agents, employees, or contractors; and
3             (B) if such information as so submitted is not
4         correct or is no longer correct, to obtain the correct
5         information, but only for the purposes of preventing
6         fraud by, pursuing legal remedies against, or
7         recovering on a debt or security interest against, the
8         individual.
9         (4) For use in research activities and for use in
10     producing statistical reports, if the personally
11     identifying information is not published, redisclosed, or
12     used to contact individuals.
13         (5) For use in connection with any civil, criminal,
14     administrative, or arbitral proceeding in any federal,
15     State, or local court or agency or before any
16     self-regulatory body, including the service of process,
17     investigation in anticipation of litigation, and the
18     execution or enforcement of judgments and orders, or
19     pursuant to an order of a federal, State, or local court.
20         (6) For use by any insurer or insurance support
21     organization or by a self-insured entity or its agents,
22     employees, or contractors in connection with claims
23     investigation activities, antifraud activities, rating, or
24     underwriting.
25         (7) For use in providing notice to the owners of towed
26     or impounded vehicles.
27         (8) For use by any person licensed as a private
28     detective or firm licensed as a private detective agency
29     under the Private Detective, Private Alarm, Private
30     Security, and Locksmith Act of 1993, private investigative
31     agency or security service licensed in Illinois for any
32     purpose permitted under this subsection.
33         (9) For use by an employer or its agent or insurer to
34     obtain or verify information relating to a holder of a
35     commercial driver's license that is required under chapter
36     313 of title 49 of the United States Code.

 

 

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1         (10) For use in connection with the operation of
2     private toll transportation facilities.
3         (11) For use by any requester, if the requester
4     demonstrates it has obtained the written consent of the
5     individual to whom the information pertains.
6         (12) For use by members of the news media, as defined
7     in Section 1-148.5, for the purpose of newsgathering when
8     the request relates to the operation of a motor vehicle or
9     public safety.
10         (13) For any other use specifically authorized by law,
11     if that use is related to the operation of a motor vehicle
12     or public safety.
13     (f-6) The Secretary of State shall not disclose or
14 otherwise make available to any person or entity any highly
15 restricted personal information obtained by the Secretary of
16 State in connection with a driver's license, vehicle, or title
17 registration record unless specifically authorized by this
18 Code.
19     (g) 1. The Secretary of State may, upon receipt of a
20     written request and a fee of $6 before October 1, 2003 and
21     a fee of $12 on and after October 1, 2003, furnish to the
22     person or agency so requesting a driver's record. Such
23     document 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     Information released pursuant to a request for a driver's
32     record shall not contain personally identifying
33     information, unless the request for the driver's record was
34     made for one of the purposes set forth in subsection (f-5)
35     of this Section.
36         2. The Secretary of State shall not disclose or

 

 

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1     otherwise make available to any person or entity any highly
2     restricted personal information obtained by the Secretary
3     of State in connection with a driver's license, vehicle, or
4     title registration record unless specifically authorized
5     by this Code. The Secretary of State may certify an
6     abstract of a driver's record upon written request
7     therefor. Such certification shall be made under the
8     signature of the Secretary of State and shall be
9     authenticated by the Seal of his office.
10         3. All requests for driving record information shall be
11     made in a manner prescribed by the Secretary and shall set
12     forth the intended use of the requested information.
13         The Secretary of State may notify the affected driver
14     of the request for purchase of his driver's record as the
15     Secretary deems appropriate.
16         No information shall be released to the requester until
17     expiration of a 10 day period. This 10 day period shall not
18     apply to requests for information made by law enforcement
19     officials, government agencies, financial institutions,
20     attorneys, insurers, employers, automobile associated
21     businesses, persons licensed as a private detective or
22     firms licensed as a private detective agency under the
23     Private Detective, Private Alarm, Private Security, and
24     Locksmith Act of 2004, who are employed by or are acting on
25     behalf of law enforcement officials, government agencies,
26     financial institutions, attorneys, insurers, employers,
27     automobile associated businesses, and other business
28     entities for purposes consistent with the Illinois Vehicle
29     Code, the affected driver or other entities as the
30     Secretary may exempt by rule and regulation.
31         Any misrepresentation made by a requestor of driver
32     information shall be punishable as a petty offense, except
33     in the case of persons licensed as a private detective or
34     firms licensed as a private detective agency which shall be
35     subject to disciplinary sanctions under Section 40-10 of
36     the Private Detective, Private Alarm, Private Security,

 

 

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1     and Locksmith Act of 2004.
2         4. The Secretary of State may furnish without fee, upon
3     the written request of a law enforcement agency, any
4     information from a driver's record on file with the
5     Secretary of State when such information is required in the
6     enforcement of this Code or any other law relating to the
7     operation of motor vehicles, including records of
8     dispositions; documented information involving the use of
9     a motor vehicle; whether such individual has, or previously
10     had, a driver's license; and the address and personal
11     description as reflected on said driver's record.
12         5. Except as otherwise provided in this Section, the
13     Secretary of State may furnish, without fee, information
14     from an individual driver's record on file, if a written
15     request therefor is submitted by any public transit system
16     or authority, public defender, law enforcement agency, a
17     state or federal agency, or an Illinois local
18     intergovernmental association, if the request is for the
19     purpose of a background check of applicants for employment
20     with the requesting agency, or for the purpose of an
21     official investigation conducted by the agency, or to
22     determine a current address for the driver so public funds
23     can be recovered or paid to the driver, or for any other
24     purpose set forth in subsection (f-5) of this Section.
25         The Secretary may also furnish the courts a copy of an
26     abstract of a driver's record, without fee, subsequent to
27     an arrest for a violation of Section 11-501 or a similar
28     provision of a local ordinance. Such abstract may include
29     records of dispositions; documented information involving
30     the use of a motor vehicle as contained in the current
31     file; whether such individual has, or previously had, a
32     driver's license; and the address and personal description
33     as reflected on said driver's record.
34         6. Any certified abstract issued by the Secretary of
35     State or transmitted electronically by the Secretary of
36     State pursuant to this Section, to a court or on request of

 

 

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1     a law enforcement agency, for the record of a named person
2     as to the status of the person's driver's license shall be
3     prima facie evidence of the facts therein stated and if the
4     name appearing in such abstract is the same as that of a
5     person named in an information or warrant, such abstract
6     shall be prima facie evidence that the person named in such
7     information or warrant is the same person as the person
8     named in such abstract and shall be admissible for any
9     prosecution under this Code and be admitted as proof of any
10     prior conviction or proof of records, notices, or orders
11     recorded on individual driving records maintained by the
12     Secretary of State.
13         7. Subject to any restrictions contained in the
14     Juvenile Court Act of 1987, and upon receipt of a proper
15     request and a fee of $6 before October 1, 2003 and a fee of
16     $12 on or after October 1, 2003, the Secretary of State
17     shall provide a driver's record to the affected driver, or
18     the affected driver's attorney, upon verification. Such
19     record shall contain all the information referred to in
20     paragraph 1 of this subsection (g) plus: any recorded
21     accident involvement as a driver; information recorded
22     pursuant to subsection (e) of Section 6-117 and paragraph
23     (4) of subsection (a) of Section 6-204 of this Code. All
24     other information, unless otherwise permitted by this
25     Code, shall remain confidential.
26     (h) The Secretary shall not disclose social security
27 numbers or any associated information obtained from the Social
28 Security Administration except pursuant to a written request
29 by, or with the prior written consent of, the individual
30 except: (1) to officers and employees of the Secretary who have
31 a need to know the social security numbers in performance of
32 their official duties, (2) to law enforcement officials for a
33 lawful, civil or criminal law enforcement investigation, and if
34 the head of the law enforcement agency has made a written
35 request to the Secretary specifying the law enforcement
36 investigation for which the social security numbers are being

 

 

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1 sought, (3) to the United States Department of Transportation,
2 or any other State, pursuant to the administration and
3 enforcement of the Commercial Motor Vehicle Safety Act of 1986,
4 (4) pursuant to the order of a court of competent jurisdiction,
5 or (5) to the Department of Public Aid for utilization in the
6 child support enforcement duties assigned to that Department
7 under provisions of the Public Aid Code after the individual
8 has received advanced meaningful notification of what
9 redisclosure is sought by the Secretary in accordance with the
10 federal Privacy Act.
11     (i) (Blank).
12     (j) Medical statements or medical reports received in the
13 Secretary of State's Office shall be confidential. No
14 confidential information may be open to public inspection or
15 the contents disclosed to anyone, except officers and employees
16 of the Secretary who have a need to know the information
17 contained in the medical reports and the Driver License Medical
18 Advisory Board, unless so directed by an order of a court of
19 competent jurisdiction.
20     (k) All fees collected under this Section shall be paid
21 into the Road Fund of the State Treasury, except that (i) for
22 fees collected before October 1, 2003, $3 of the $6 fee for a
23 driver's record shall be paid into the Secretary of State
24 Special Services Fund, (ii) for fees collected on and after
25 October 1, 2003, of the $12 fee for a driver's record, $3 shall
26 be paid into the Secretary of State Special Services Fund and
27 $6 shall be paid into the General Revenue Fund, and (iii) for
28 fees collected on and after October 1, 2003, 50% of the amounts
29 collected pursuant to subsection (b) shall be paid into the
30 General Revenue Fund.
31     (l) (Blank).
32     (m) Notations of accident involvement that may be disclosed
33 under this Section shall not include notations relating to
34 damage to a vehicle or other property being transported by a
35 tow truck. This information shall remain confidential,
36 provided that nothing in this subsection (m) shall limit

 

 

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1 disclosure of any notification of accident involvement to any
2 law enforcement agency or official.
3     (n) Requests made by the news media for driver's license,
4 vehicle, or title registration information may be furnished
5 without charge or at a reduced charge, as determined by the
6 Secretary, when the specific purpose for requesting the
7 documents is deemed to be in the public interest. Waiver or
8 reduction of the fee is in the public interest if the principal
9 purpose of the request is to access and disseminate information
10 regarding the health, safety, and welfare or the legal rights
11 of the general public and is not for the principal purpose of
12 gaining a personal or commercial benefit. The information
13 provided pursuant to this subsection shall not contain
14 personally identifying information unless the information is
15 to be used for one of the purposes identified in subsection
16 (f-5) of this Section.
17     (o) The redisclosure of personally identifying information
18 obtained pursuant to this Section is prohibited, except to the
19 extent necessary to effectuate the purpose for which the
20 original disclosure of the information was permitted.
21     (p) The Secretary of State is empowered to adopt rules to
22 effectuate this Section.
23 (Source: P.A. 92-32, eff. 7-1-01; 92-651, eff. 7-11-02; 93-32,
24 eff. 7-1-03; 93-438, eff. 8-5-03; 93-895, eff. 1-1-05.)
 
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.