99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5777

 

Introduced , by Rep. Emanuel Chris Welch

 

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

    Amends the Illinois Vehicle Code. Provides that the Secretary of State may release personal identifying information of any person or entity to a member of the news media for newsgathering purposes (rather than for newsgathering purposes that relate to the operation of a motor vehicle or public safety), unless the information is intended for a commercial purpose.


LRB099 18979 AXK 43368 b

 

 

A BILL FOR

 

HB5777LRB099 18979 AXK 43368 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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
9Secretary may make the driver's license, vehicle and title
10registration lists, in part or in whole, and any statistical
11information derived from these lists available to local
12governments, elected state officials, state educational
13institutions, and all other governmental units of the State and
14Federal Government requesting them for governmental purposes.
15The Secretary shall require any such applicant for services to
16pay for the costs of furnishing such services and the use of
17the equipment involved, and in addition is empowered to
18establish prices and charges for the services so furnished and
19for the use of the electronic equipment utilized.
20    (b) The Secretary is further empowered to and he may, in
21his discretion, furnish to any applicant, other than listed in
22subsection (a) of this Section, vehicle or driver data on a
23computer tape, disk, other electronic format or computer

 

 

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1processable medium, or printout at a fixed fee of $250 for
2orders received before October 1, 2003 and $500 for orders
3received on or after October 1, 2003, in advance, and require
4in addition a further sufficient deposit based upon the
5Secretary of State's estimate of the total cost of the
6information requested and a charge of $25 for orders received
7before October 1, 2003 and $50 for orders received on or after
8October 1, 2003, per 1,000 units or part thereof identified or
9the actual cost, whichever is greater. The Secretary is
10authorized to refund any difference between the additional
11deposit and the actual cost of the request. This service shall
12not be in lieu of an abstract of a driver's record nor of a
13title or registration search. This service may be limited to
14entities purchasing a minimum number of records as required by
15administrative rule. The information sold pursuant to this
16subsection shall be the entire vehicle or driver data list, or
17part thereof. The information sold pursuant to this subsection
18shall not contain personally identifying information unless
19the information is to be used for one of the purposes
20identified in subsection (f-5) of this Section. Commercial
21purchasers of driver and vehicle record databases shall enter
22into a written agreement with the Secretary of State that
23includes disclosure of the commercial use of the information to
24be purchased.
25    (b-1) The Secretary is further empowered to and may, in his
26or her discretion, furnish vehicle or driver data on a computer

 

 

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1tape, disk, or other electronic format or computer processible
2medium, at no fee, to any State or local governmental agency
3that uses the information provided by the Secretary to transmit
4data back to the Secretary that enables the Secretary to
5maintain accurate driving records, including dispositions of
6traffic cases. This information may be provided without fee not
7more often than once every 6 months.
8    (c) Secretary of State may issue registration lists. The
9Secretary of State may compile a list of all registered
10vehicles. Each list of registered vehicles shall be arranged
11serially according to the registration numbers assigned to
12registered vehicles and may contain in addition the names and
13addresses of registered owners and a brief description of each
14vehicle including the serial or other identifying number
15thereof. Such compilation may be in such form as in the
16discretion of the Secretary of State may seem best for the
17purposes intended.
18    (d) The Secretary of State shall furnish no more than 2
19current available lists of such registrations to the sheriffs
20of all counties and to the chiefs of police of all cities and
21villages and towns of 2,000 population and over in this State
22at no cost. Additional copies may be purchased by the sheriffs
23or chiefs of police at the fee of $500 each or at the cost of
24producing the list as determined by the Secretary of State.
25Such lists are to be used for governmental purposes only.
26    (e) (Blank).

 

 

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1    (e-1) (Blank).
2    (f) The Secretary of State shall make a title or
3registration search of the records of his office and a written
4report on the same for any person, upon written application of
5such person, accompanied by a fee of $5 for each registration
6or title search. The written application shall set forth the
7intended use of the requested information. No fee shall be
8charged for a title or registration search, or for the
9certification thereof requested by a government agency. The
10report of the title or registration search shall not contain
11personally identifying information unless the request for a
12search was made for one of the purposes identified in
13subsection (f-5) of this Section. The report of the title or
14registration search shall not contain highly restricted
15personal information unless specifically authorized by this
16Code.
17    The Secretary of State shall certify a title or
18registration record upon written request. The fee for
19certification shall be $5 in addition to the fee required for a
20title or registration search. Certification shall be made under
21the signature of the Secretary of State and shall be
22authenticated by Seal of the Secretary of State.
23    The Secretary of State may notify the vehicle owner or
24registrant of the request for purchase of his title or
25registration information as the Secretary deems appropriate.
26    No information shall be released to the requestor until

 

 

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1expiration of a 10 day period. This 10 day period shall not
2apply to requests for information made by law enforcement
3officials, government agencies, financial institutions,
4attorneys, insurers, employers, automobile associated
5businesses, persons licensed as a private detective or firms
6licensed as a private detective agency under the Private
7Detective, Private Alarm, Private Security, Fingerprint
8Vendor, and Locksmith Act of 2004, who are employed by or are
9acting on behalf of law enforcement officials, government
10agencies, financial institutions, attorneys, insurers,
11employers, automobile associated businesses, and other
12business entities for purposes consistent with the Illinois
13Vehicle Code, the vehicle owner or registrant or other entities
14as the Secretary may exempt by rule and regulation.
15    Any misrepresentation made by a requestor of title or
16vehicle information shall be punishable as a petty offense,
17except in the case of persons licensed as a private detective
18or firms licensed as a private detective agency which shall be
19subject to disciplinary sanctions under Section 40-10 of the
20Private Detective, Private Alarm, Private Security,
21Fingerprint Vendor, and Locksmith Act of 2004.
22    (f-5) The Secretary of State shall not disclose or
23otherwise make available to any person or entity any personally
24identifying information obtained by the Secretary of State in
25connection with a driver's license, vehicle, or title
26registration record unless the information is disclosed for one

 

 

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1of the following purposes:
2        (1) For use by any government agency, including any
3    court or law enforcement agency, in carrying out its
4    functions, or any private person or entity acting on behalf
5    of a federal, State, or local agency in carrying out its
6    functions.
7        (2) For use in connection with matters of motor vehicle
8    or driver safety and theft; motor vehicle emissions; motor
9    vehicle product alterations, recalls, or advisories;
10    performance monitoring of motor vehicles, motor vehicle
11    parts, and dealers; and removal of non-owner records from
12    the original owner records of motor vehicle manufacturers.
13        (3) For use in the normal course of business by a
14    legitimate business or its agents, employees, or
15    contractors, but only:
16            (A) to verify the accuracy of personal information
17        submitted by an individual to the business or its
18        agents, employees, or contractors; and
19            (B) if such information as so submitted is not
20        correct or is no longer correct, to obtain the correct
21        information, but only for the purposes of preventing
22        fraud by, pursuing legal remedies against, or
23        recovering on a debt or security interest against, the
24        individual.
25        (4) For use in research activities and for use in
26    producing statistical reports, if the personally

 

 

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1    identifying information is not published, redisclosed, or
2    used to contact individuals.
3        (5) For use in connection with any civil, criminal,
4    administrative, or arbitral proceeding in any federal,
5    State, or local court or agency or before any
6    self-regulatory body, including the service of process,
7    investigation in anticipation of litigation, and the
8    execution or enforcement of judgments and orders, or
9    pursuant to an order of a federal, State, or local court.
10        (6) For use by any insurer or insurance support
11    organization or by a self-insured entity or its agents,
12    employees, or contractors in connection with claims
13    investigation activities, antifraud activities, rating, or
14    underwriting.
15        (7) For use in providing notice to the owners of towed
16    or impounded vehicles.
17        (8) For use by any person licensed as a private
18    detective or firm licensed as a private detective agency
19    under the Private Detective, Private Alarm, Private
20    Security, Fingerprint Vendor, and Locksmith Act of 2004,
21    private investigative agency or security service licensed
22    in Illinois for any purpose permitted under this
23    subsection.
24        (9) For use by an employer or its agent or insurer to
25    obtain or verify information relating to a holder of a
26    commercial driver's license that is required under chapter

 

 

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1    313 of title 49 of the United States Code.
2        (10) For use in connection with the operation of
3    private toll transportation facilities.
4        (11) For use by any requester, if the requester
5    demonstrates it has obtained the written consent of the
6    individual to whom the information pertains.
7        (12) For use by members of the news media, as defined
8    in Section 1-148.5, for the purpose of newsgathering,
9    unless intended for a commercial purpose as defined in
10    Section 2 of the Freedom of Information Act. when the
11    request relates to the operation of a motor vehicle or
12    public safety.
13        (13) For any other use specifically authorized by law,
14    if that use is related to the operation of a motor vehicle
15    or public safety.
16    (f-6) The Secretary of State shall not disclose or
17otherwise make available to any person or entity any highly
18restricted personal information obtained by the Secretary of
19State in connection with a driver's license, vehicle, or title
20registration record unless specifically authorized by this
21Code.
22    (g) 1. The Secretary of State may, upon receipt of a
23    written request and a fee of $6 before October 1, 2003 and
24    a fee of $12 on and after October 1, 2003, furnish to the
25    person or agency so requesting a driver's record. Such
26    document may include a record of: current driver's license

 

 

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1    issuance information, except that the information on
2    judicial driving permits shall be available only as
3    otherwise provided by this Code; convictions; orders
4    entered revoking, suspending or cancelling a driver's
5    license or privilege; and notations of accident
6    involvement. All other information, unless otherwise
7    permitted by this Code, shall remain confidential.
8    Information released pursuant to a request for a driver's
9    record shall not contain personally identifying
10    information, unless the request for the driver's record was
11    made for one of the purposes set forth in subsection (f-5)
12    of this Section. The Secretary of State may, without fee,
13    allow a parent or guardian of a person under the age of 18
14    years, who holds an instruction permit or graduated
15    driver's license, to view that person's driving record
16    online, through a computer connection. The parent or
17    guardian's online access to the driving record will
18    terminate when the instruction permit or graduated
19    driver's license holder reaches the age of 18.
20        2. The Secretary of State shall not disclose or
21    otherwise make available to any person or entity any highly
22    restricted personal information obtained by the Secretary
23    of State in connection with a driver's license, vehicle, or
24    title registration record unless specifically authorized
25    by this Code. The Secretary of State may certify an
26    abstract of a driver's record upon written request

 

 

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1    therefor. Such certification shall be made under the
2    signature of the Secretary of State and shall be
3    authenticated by the Seal of his office.
4        3. All requests for driving record information shall be
5    made in a manner prescribed by the Secretary and shall set
6    forth the intended use of the requested information.
7        The Secretary of State may notify the affected driver
8    of the request for purchase of his driver's record as the
9    Secretary deems appropriate.
10        No information shall be released to the requester until
11    expiration of a 10 day period. This 10 day period shall not
12    apply to requests for information made by law enforcement
13    officials, government agencies, financial institutions,
14    attorneys, insurers, employers, automobile associated
15    businesses, persons licensed as a private detective or
16    firms licensed as a private detective agency under the
17    Private Detective, Private Alarm, Private Security,
18    Fingerprint Vendor, and Locksmith Act of 2004, who are
19    employed by or are acting on behalf of law enforcement
20    officials, government agencies, financial institutions,
21    attorneys, insurers, employers, automobile associated
22    businesses, and other business entities for purposes
23    consistent with the Illinois Vehicle Code, the affected
24    driver or other entities as the Secretary may exempt by
25    rule and regulation.
26        Any misrepresentation made by a requestor of driver

 

 

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1    information shall be punishable as a petty offense, except
2    in the case of persons licensed as a private detective or
3    firms licensed as a private detective agency which shall be
4    subject to disciplinary sanctions under Section 40-10 of
5    the Private Detective, Private Alarm, Private Security,
6    Fingerprint Vendor, and Locksmith Act of 2004.
7        4. The Secretary of State may furnish without fee, upon
8    the written request of a law enforcement agency, any
9    information from a driver's record on file with the
10    Secretary of State when such information is required in the
11    enforcement of this Code or any other law relating to the
12    operation of motor vehicles, including records of
13    dispositions; documented information involving the use of
14    a motor vehicle; whether such individual has, or previously
15    had, a driver's license; and the address and personal
16    description as reflected on said driver's record.
17        5. Except as otherwise provided in this Section, the
18    Secretary of State may furnish, without fee, information
19    from an individual driver's record on file, if a written
20    request therefor is submitted by any public transit system
21    or authority, public defender, law enforcement agency, a
22    state or federal agency, or an Illinois local
23    intergovernmental association, if the request is for the
24    purpose of a background check of applicants for employment
25    with the requesting agency, or for the purpose of an
26    official investigation conducted by the agency, or to

 

 

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1    determine a current address for the driver so public funds
2    can be recovered or paid to the driver, or for any other
3    purpose set forth in subsection (f-5) of this Section.
4        The Secretary may also furnish the courts a copy of an
5    abstract of a driver's record, without fee, subsequent to
6    an arrest for a violation of Section 11-501 or a similar
7    provision of a local ordinance. Such abstract may include
8    records of dispositions; documented information involving
9    the use of a motor vehicle as contained in the current
10    file; whether such individual has, or previously had, a
11    driver's license; and the address and personal description
12    as reflected on said driver's record.
13        6. Any certified abstract issued by the Secretary of
14    State or transmitted electronically by the Secretary of
15    State pursuant to this Section, to a court or on request of
16    a law enforcement agency, for the record of a named person
17    as to the status of the person's driver's license shall be
18    prima facie evidence of the facts therein stated and if the
19    name appearing in such abstract is the same as that of a
20    person named in an information or warrant, such abstract
21    shall be prima facie evidence that the person named in such
22    information or warrant is the same person as the person
23    named in such abstract and shall be admissible for any
24    prosecution under this Code and be admitted as proof of any
25    prior conviction or proof of records, notices, or orders
26    recorded on individual driving records maintained by the

 

 

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1    Secretary of State.
2        7. Subject to any restrictions contained in the
3    Juvenile Court Act of 1987, and upon receipt of a proper
4    request and a fee of $6 before October 1, 2003 and a fee of
5    $12 on or after October 1, 2003, the Secretary of State
6    shall provide a driver's record to the affected driver, or
7    the affected driver's attorney, upon verification. Such
8    record shall contain all the information referred to in
9    paragraph 1 of this subsection (g) plus: any recorded
10    accident involvement as a driver; information recorded
11    pursuant to subsection (e) of Section 6-117 and paragraph
12    (4) of subsection (a) of Section 6-204 of this Code. All
13    other information, unless otherwise permitted by this
14    Code, shall remain confidential.
15    (h) The Secretary shall not disclose social security
16numbers or any associated information obtained from the Social
17Security Administration except pursuant to a written request
18by, or with the prior written consent of, the individual
19except: (1) to officers and employees of the Secretary who have
20a need to know the social security numbers in performance of
21their official duties, (2) to law enforcement officials for a
22lawful, civil or criminal law enforcement investigation, and if
23the head of the law enforcement agency has made a written
24request to the Secretary specifying the law enforcement
25investigation for which the social security numbers are being
26sought, (3) to the United States Department of Transportation,

 

 

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1or any other State, pursuant to the administration and
2enforcement of the Commercial Motor Vehicle Safety Act of 1986,
3(4) pursuant to the order of a court of competent jurisdiction,
4(5) to the Department of Healthcare and Family Services
5(formerly Department of Public Aid) for utilization in the
6child support enforcement duties assigned to that Department
7under provisions of the Illinois Public Aid Code after the
8individual has received advanced meaningful notification of
9what redisclosure is sought by the Secretary in accordance with
10the federal Privacy Act, (5.5) to the Department of Healthcare
11and Family Services and the Department of Human Services solely
12for the purpose of verifying Illinois residency where such
13residency is an eligibility requirement for benefits under the
14Illinois Public Aid Code or any other health benefit program
15administered by the Department of Healthcare and Family
16Services or the Department of Human Services, (6) to the
17Illinois Department of Revenue solely for use by the Department
18in the collection of any tax or debt that the Department of
19Revenue is authorized or required by law to collect, provided
20that the Department shall not disclose the social security
21number to any person or entity outside of the Department, or
22(7) to the Illinois Department of Veterans' Affairs for the
23purpose of confirming veteran status.
24    (i) (Blank).
25    (j) Medical statements or medical reports received in the
26Secretary of State's Office shall be confidential. Except as

 

 

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1provided in this Section, no confidential information may be
2open to public inspection or the contents disclosed to anyone,
3except officers and employees of the Secretary who have a need
4to know the information contained in the medical reports and
5the Driver License Medical Advisory Board, unless so directed
6by an order of a court of competent jurisdiction. If the
7Secretary receives a medical report regarding a driver that
8does not address a medical condition contained in a previous
9medical report, the Secretary may disclose the unaddressed
10medical condition to the driver or his or her physician, or
11both, solely for the purpose of submission of a medical report
12that addresses the condition.
13    (k) Disbursement of fees collected under this Section shall
14be as follows: (1) of the $12 fee for a driver's record, $3
15shall be paid into the Secretary of State Special Services
16Fund, and $6 shall be paid into the General Revenue Fund; (2)
1750% of the amounts collected under subsection (b) shall be paid
18into the General Revenue Fund; and (3) all remaining fees shall
19be disbursed under subsection (g) of Section 2-119 of this
20Code.
21    (l) (Blank).
22    (m) Notations of accident involvement that may be disclosed
23under this Section shall not include notations relating to
24damage to a vehicle or other property being transported by a
25tow truck. This information shall remain confidential,
26provided that nothing in this subsection (m) shall limit

 

 

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1disclosure of any notification of accident involvement to any
2law enforcement agency or official.
3    (n) Requests made by the news media for driver's license,
4vehicle, or title registration information may be furnished
5without charge or at a reduced charge, as determined by the
6Secretary, when the specific purpose for requesting the
7documents is deemed to be in the public interest. Waiver or
8reduction of the fee is in the public interest if the principal
9purpose of the request is to access and disseminate information
10regarding the health, safety, and welfare or the legal rights
11of the general public and is not for the principal purpose of
12gaining a personal or commercial benefit. The information
13provided pursuant to this subsection shall not contain
14personally identifying information unless the information is
15to be used for one of the purposes identified in subsection
16(f-5) of this Section.
17    (o) The redisclosure of personally identifying information
18obtained pursuant to this Section is prohibited, except to the
19extent necessary to effectuate the purpose for which the
20original disclosure of the information was permitted.
21    (p) The Secretary of State is empowered to adopt rules to
22effectuate this Section.
23(Source: P.A. 98-463, eff. 8-16-13; 99-127, eff. 1-1-16.)