Full Text of SB1344 101st General Assembly
SB1344enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning the Secretary of State.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Identification Card Act is amended | 5 | | by changing Sections 1A and 11 as follows: | 6 | | (15 ILCS 335/1A) | 7 | | Sec. 1A. Definitions. As used in this Act: | 8 | | "Highly restricted personal information" means an | 9 | | individual's photograph, signature, social security number, | 10 | | and medical or disability information. | 11 | | "Identification card making implement" means any material, | 12 | | hardware, or software that is specifically designed for or | 13 | | primarily used in the manufacture, assembly, issuance, or | 14 | | authentication of an official identification card issued by the | 15 | | Secretary of State. | 16 | | "Fraudulent identification card" means any identification | 17 | | card
that purports to be an official identification card for | 18 | | which a computerized
number and file have not been created by | 19 | | the Secretary of State, the United
States Government or any | 20 | | state or political subdivision thereof, or any
governmental or | 21 | | quasi-governmental organization. For the purpose of this
Act, | 22 | | any identification card that resembles an official | 23 | | identification
card in either size, color, photograph |
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| 1 | | location, or design or uses the word
"official", "state", | 2 | | "Illinois", or the name of any other state or
political | 3 | | subdivision thereof, or any governmental or quasi-governmental
| 4 | | organization individually or in any combination
thereof to | 5 | | describe or modify the term "identification card" or "I.D. | 6 | | card"
anywhere on the card, or uses a shape in the likeness of | 7 | | Illinois
or any other state on the photograph side of
the card, | 8 | | is deemed to be a fraudulent identification card unless the | 9 | | words
"This is not an official Identification Card", appear | 10 | | prominently upon it in
black colored lettering in 12-point type | 11 | | on the photograph side of the card,
and no such card shall be | 12 | | smaller in size than 3 inches by 4 inches, and the
photograph | 13 | | shall be on the left side of the card only. | 14 | | "Legal name" means the full given name and surname of an | 15 | | individual as recorded at birth, recorded at marriage, or | 16 | | deemed as the correct legal name for use in reporting income by | 17 | | the Social Security Administration or the name as otherwise | 18 | | established through legal action that appears on the associated | 19 | | official document presented to the Secretary of State. | 20 | | "Personally identifying information" means information | 21 | | that identifies an individual, including his or her | 22 | | identification card number, name, address (but not the 5-digit | 23 | | zip code), date of birth, height, weight, hair color, eye | 24 | | color, email address, and telephone number.
| 25 | | "Homeless person" or "homeless individual" has the same | 26 | | meaning as defined by the federal McKinney-Vento Homeless |
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| 1 | | Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). | 2 | | "Youth for whom the Department of Children and Family | 3 | | Services is legally responsible" or "foster child" means a | 4 | | child or youth whose guardianship or custody has been accepted | 5 | | by the Department of Children and Family Services pursuant to | 6 | | the Juvenile Court Act of 1987, the Children and Family | 7 | | Services Act, the Abused and Neglected Child Reporting Act, and | 8 | | the Adoption Act. This applies to children for whom the | 9 | | Department of Children and Family Services has temporary | 10 | | protective custody, custody or guardianship via court order, or | 11 | | children whose parents have signed an adoptive surrender or | 12 | | voluntary placement agreement with the Department. | 13 | | "REAL ID compliant identification card" means a standard | 14 | | Illinois Identification Card or Illinois Person with a | 15 | | Disability Identification Card issued in compliance with the | 16 | | REAL ID Act and implementing regulations. REAL ID compliant | 17 | | identification cards shall bear a security marking approved by | 18 | | the United States Department of Homeland Security. | 19 | | "Non-compliant identification card" means a standard | 20 | | Illinois Identification Card or Illinois Person with a | 21 | | Disability Identification Card issued in a manner which is not | 22 | | compliant with the REAL ID Act and implementing regulations. | 23 | | Non-compliant identification cards shall be marked "Not for | 24 | | Federal Identification" and shall have a color or design | 25 | | different from the REAL ID compliant identification card. | 26 | | "Limited Term REAL ID compliant identification card" means |
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| 1 | | a REAL ID compliant identification card issued to persons who | 2 | | are not permanent residents or citizens of the United States, | 3 | | and marked "Limited Term" on the face of the card. | 4 | | (Source: P.A. 99-659, eff. 7-28-17; 100-201, eff. 8-18-17; | 5 | | 100-248, eff. 8-22-17.)
| 6 | | (15 ILCS 335/11) (from Ch. 124, par. 31)
| 7 | | Sec. 11. Records. | 8 | | (a) The Secretary may make a search of his records and | 9 | | furnish
information as to whether a person has a current | 10 | | Standard Illinois
Identification Card or an Illinois Person | 11 | | with a Disability Identification Card then on
file, upon | 12 | | receipt of a written application therefor accompanied with the
| 13 | | prescribed fee. However, the Secretary may not disclose medical
| 14 | | information concerning an individual to any person, public | 15 | | agency, private
agency, corporation or governmental body | 16 | | unless the individual has
submitted a written request for the | 17 | | information or unless the individual
has given prior written | 18 | | consent for the release of the information to a
specific person | 19 | | or entity. This exception shall not apply to: (1) offices
and | 20 | | employees of the Secretary who have a need to know the medical
| 21 | | information in performance of their official duties, or (2) | 22 | | orders of a
court of competent jurisdiction. When medical | 23 | | information is disclosed by
the Secretary in accordance with | 24 | | the provisions of this Section, no
liability shall rest with | 25 | | the Office of the Secretary of State as the
information is |
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| 1 | | released for informational purposes only. | 2 | | (b) The Secretary may release personally identifying | 3 | | information or highly restricted personal information only to: | 4 | | (1) officers and employees of the Secretary who have a | 5 | | need to know that information for issuance of driver's | 6 | | licenses, permits, or identification cards and | 7 | | investigation of fraud or misconduct ; | 8 | | (2) other governmental agencies for use in their | 9 | | official governmental functions; | 10 | | (3) law enforcement agencies that need the information | 11 | | for a criminal or civil investigation; | 12 | | (3-5) the State Board of Elections for the purpose of | 13 | | providing the signatures required by a local election | 14 | | authority to register a voter through an online voter | 15 | | registration system or as may be required by an agreement | 16 | | the State Board of Elections has entered into with a | 17 | | multi-state voter registration list maintenance system; or | 18 | | (4) any entity that the Secretary has authorized, by | 19 | | rule , to receive this information . | 20 | | (c) The Secretary may release highly restricted personal | 21 | | information only to: | 22 | | (1) officers and employees of the Secretary who have a | 23 | | need to access the information for the issuance of driver's | 24 | | licenses, permits, or identification cards and | 25 | | investigation of fraud or misconduct; | 26 | | (2) law enforcement officials for a criminal or civil |
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| 1 | | law enforcement investigation; | 2 | | (3) the State Board of Elections for the purpose of | 3 | | providing the signature for completion of voter | 4 | | registration; or | 5 | | (4) any other entity the Secretary has authorized by | 6 | | rule. | 7 | | (d) Documents required to be submitted with an application | 8 | | for an identification card to prove the applicant's identity | 9 | | (name and date of birth), social security number, written | 10 | | signature, residency, and, as applicable, proof of lawful | 11 | | status shall be confidential and shall not be disclosed except | 12 | | to the following persons: | 13 | | (1) the individual to whom the identification card was | 14 | | issued, upon written request; | 15 | | (2) officers and employees of the Secretary of State | 16 | | who have a need to have access to the stored images for | 17 | | purposes of issuing and controlling driver's licenses, | 18 | | permits, or identification cards and investigation of | 19 | | fraud or misconduct; | 20 | | (3) law enforcement officials for a civil or criminal | 21 | | law enforcement investigation; | 22 | | (4) other entities that the Secretary may authorize by | 23 | | rule. | 24 | | (e) The Secretary may not disclose an individual's social | 25 | | security number or any associated information obtained from the | 26 | | Social Security Administration without the written request or |
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| 1 | | consent of the individual except: (i) to officers and employees | 2 | | of the Secretary who have a need to know the social security | 3 | | number in the performance of their official duties; (ii) to law | 4 | | enforcement officials for a lawful civil or criminal law | 5 | | enforcement investigation if an officer the head of the law | 6 | | enforcement agency has made a written request to the Secretary | 7 | | specifying the law enforcement investigation for which the | 8 | | social security number is being sought; (iii) under a lawful | 9 | | court order signed by a judge; or (iv) to the Illinois | 10 | | Department of Veterans' Affairs for the purpose of confirming | 11 | | veteran status to agencies in other states responsible for the | 12 | | issuance of state identification cards for participation in | 13 | | State-to-State verification service; or (v) the last 4 digits | 14 | | to the Illinois State Board of Elections for purposes of voter | 15 | | registration and as may be required pursuant to an agreement | 16 | | for a multi-state voter registration list maintenance system. | 17 | | The Secretary retains the right to require additional | 18 | | verification regarding the validity of a request from law | 19 | | enforcement. If social security information is disclosed by the | 20 | | Secretary in accordance with this Section, no liability shall | 21 | | rest with the Office of the Secretary of State or any of its | 22 | | officers or employees, as the information is released for | 23 | | official purposes only .
| 24 | | (Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13; | 25 | | 98-115, eff. 7-29-13; 98-463, eff. 8-16-13; 98-1171, eff. | 26 | | 6-1-15 .)
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| 1 | | Section 10. The Illinois Vehicle Code is amended by | 2 | | changing Sections 1-159.2, 2-123, and 6-110.1 and by adding | 3 | | Section 6-110.2 as follows: | 4 | | (625 ILCS 5/1-159.2)
| 5 | | Sec. 1-159.2. Personally identifying information. | 6 | | Information that
identifies an individual, including his or her | 7 | | driver's license driver identification number, name, address | 8 | | (but not the 5 digit zip
code), date of birth, height, weight, | 9 | | hair color, eye color, email address, and
telephone number, but
| 10 | | "personally
identifying information" does not include | 11 | | information on vehicular accidents,
driving violations, and | 12 | | driver's status.
| 13 | | (Source: P.A. 92-32, eff. 7-1-01; 93-895, eff. 1-1-05.)
| 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
| 20 | | governments, elected state officials, state educational | 21 | | institutions, and all
other governmental units of the State and | 22 | | Federal
Government
requesting them for governmental purposes. | 23 | | The Secretary shall require any such
applicant for services to |
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| 1 | | pay for the costs of furnishing such services and the
use of | 2 | | the equipment involved, and in addition is empowered to | 3 | | establish prices
and charges for the services so furnished and | 4 | | for the use of the electronic
equipment utilized.
| 5 | | (b) The Secretary is further empowered to and he may, in | 6 | | his discretion,
furnish to any applicant, other than listed in | 7 | | subsection (a) of this Section,
vehicle or driver data on a | 8 | | computer tape, disk, other electronic format or
computer | 9 | | processable medium, or printout at a fixed fee of
$250 for | 10 | | orders received before October 1, 2003 and $500 for orders | 11 | | received
on or after October 1, 2003, in advance, and require | 12 | | in addition a
further sufficient
deposit based upon the | 13 | | Secretary of State's estimate of the total cost of the
| 14 | | information requested and a charge of $25 for orders received | 15 | | before October
1, 2003 and $50 for orders received on or after | 16 | | October 1, 2003, per 1,000
units or part
thereof identified or | 17 | | the actual cost, whichever is greater. The Secretary is
| 18 | | authorized to refund any difference between the additional | 19 | | deposit and the
actual cost of the request. This service shall | 20 | | not be in lieu of an abstract
of a driver's record nor of a | 21 | | title or registration search. This service may
be limited to | 22 | | entities purchasing a minimum number of records as required by
| 23 | | administrative rule. The information
sold pursuant to this | 24 | | subsection shall be the entire vehicle or driver data
list, or | 25 | | part thereof. The information sold pursuant to this subsection
| 26 | | shall not contain personally identifying information unless |
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| 1 | | the information is
to be used for one of the purposes | 2 | | identified in subsection (f-5) of this
Section. Commercial | 3 | | purchasers of driver and vehicle record databases shall
enter | 4 | | into a written agreement with the Secretary of State that | 5 | | includes
disclosure of the commercial use of the information to | 6 | | be purchased. | 7 | | (b-1) The Secretary is further empowered to and may, in his | 8 | | or her discretion, furnish vehicle or driver data on a computer | 9 | | tape, disk, or other electronic format or computer processible | 10 | | medium, at no fee, to any State or local governmental agency | 11 | | that uses the information provided by the Secretary to transmit | 12 | | data back to the Secretary that enables the Secretary to | 13 | | maintain accurate driving records, including dispositions of | 14 | | traffic cases. This information may be provided without fee not | 15 | | more often than once every 6 months.
| 16 | | (c) Secretary of State may issue registration lists. The | 17 | | Secretary
of State may compile a list of all registered
| 18 | | vehicles. Each list of registered vehicles shall be arranged | 19 | | serially
according to the registration numbers assigned to | 20 | | registered vehicles and
may contain in addition the names and | 21 | | addresses of registered owners and
a brief description of each | 22 | | vehicle including the serial or other
identifying number | 23 | | thereof. Such compilation may be in such form as in the
| 24 | | discretion of the Secretary of State may seem best for the | 25 | | purposes intended.
| 26 | | (d) The Secretary of State shall furnish no more than 2 |
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| 1 | | current available
lists of such registrations to the sheriffs | 2 | | of all counties and to the chiefs
of police of all cities and | 3 | | villages and towns of 2,000 population and over
in this State | 4 | | at no cost. Additional copies may be purchased by the sheriffs
| 5 | | or chiefs of police at the fee
of $500 each or at the cost of | 6 | | producing the list as determined
by the Secretary of State. | 7 | | Such lists are to be used for governmental
purposes only.
| 8 | | (e) (Blank).
| 9 | | (e-1) (Blank).
| 10 | | (f) The Secretary of State shall make a title or | 11 | | registration search of the
records of his office and a written | 12 | | report on the same for any person, upon
written application of | 13 | | such person, accompanied by a fee of $5 for
each registration | 14 | | or title search. The written application shall set forth
the | 15 | | intended use of the requested information. No fee shall be | 16 | | charged for a
title or
registration search, or for the | 17 | | certification thereof requested by a government
agency. The | 18 | | report of the title or registration search shall not contain
| 19 | | personally identifying information unless the request for a | 20 | | search was made for
one of the purposes identified in | 21 | | subsection (f-5) of this Section. The report of the title or | 22 | | registration search shall not contain highly
restricted | 23 | | personal
information unless specifically authorized by this | 24 | | Code.
| 25 | | The Secretary of State shall certify a title or | 26 | | registration record upon
written request. The fee for |
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| 1 | | certification shall be $5 in addition
to the fee required for a | 2 | | title or registration search. Certification shall
be made under | 3 | | the signature of the Secretary of State and shall be
| 4 | | authenticated by Seal of the Secretary of State.
| 5 | | The Secretary of State may notify the vehicle owner or | 6 | | registrant of
the request for purchase of his title or | 7 | | registration information as the
Secretary deems appropriate.
| 8 | | No information shall be released to the requester requestor | 9 | | until expiration of a 10-day
10 day period. This 10-day 10 day | 10 | | period shall not apply to requests for
information made by law | 11 | | enforcement officials, government agencies,
financial | 12 | | institutions, attorneys, insurers, employers, automobile
| 13 | | associated businesses, persons licensed as a private detective | 14 | | or firms
licensed as a private detective agency under the | 15 | | Private Detective, Private
Alarm, Private Security, | 16 | | Fingerprint Vendor, and Locksmith Act of 2004, who are employed | 17 | | by or are
acting on
behalf of law enforcement officials, | 18 | | government agencies, financial
institutions, attorneys, | 19 | | insurers, employers, automobile associated businesses,
and | 20 | | other business entities for purposes consistent with the | 21 | | Illinois Vehicle
Code, the vehicle owner or registrant or other | 22 | | entities as the Secretary may
exempt by rule and regulation.
| 23 | | Any misrepresentation made by a requester requestor of | 24 | | title or vehicle information
shall be punishable as a petty | 25 | | offense, except in the case of persons
licensed as a private | 26 | | detective or firms licensed as a private detective agency
which |
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| 1 | | shall be subject to disciplinary sanctions under Section 40-10 | 2 | | of the
Private Detective, Private Alarm, Private Security, | 3 | | Fingerprint Vendor, and Locksmith Act of 2004.
| 4 | | (f-5) The Secretary of State shall not disclose or | 5 | | otherwise make
available to
any person or entity any personally | 6 | | identifying information obtained by the
Secretary
of State in | 7 | | connection with a driver's license, vehicle, or title | 8 | | registration
record
unless the information is disclosed for one | 9 | | of the following purposes:
| 10 | | (1) For use by any government agency, including any | 11 | | court or law
enforcement agency, in carrying out its | 12 | | functions, or any private person or
entity acting on behalf | 13 | | of a federal, State, or local agency in carrying out
its
| 14 | | functions.
| 15 | | (2) For use in connection with matters of motor vehicle | 16 | | or driver safety
and theft; motor vehicle emissions; motor | 17 | | vehicle product alterations, recalls,
or advisories; | 18 | | performance monitoring of motor vehicles, motor vehicle | 19 | | parts,
and dealers; and removal of non-owner records from | 20 | | the original owner
records of motor vehicle manufacturers.
| 21 | | (3) For use in the normal course of business by a | 22 | | legitimate business or
its agents, employees, or | 23 | | contractors, but only:
| 24 | | (A) to verify the accuracy of personal information | 25 | | submitted by
an individual to the business or its | 26 | | agents, employees, or contractors;
and
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| 1 | | (B) if such information as so submitted is not | 2 | | correct or is no
longer correct, to obtain the correct | 3 | | information, but only for the
purposes of preventing | 4 | | fraud by, pursuing legal remedies against, or
| 5 | | recovering on a debt or security interest against, the | 6 | | individual.
| 7 | | (4) For use in research activities and for use in | 8 | | producing statistical
reports, if the personally | 9 | | identifying information is not published,
redisclosed, or | 10 | | used to
contact individuals.
| 11 | | (5) For use in connection with any civil, criminal, | 12 | | administrative, or
arbitral proceeding in any federal, | 13 | | State, or local court or agency or before
any
| 14 | | self-regulatory body, including the service of process, | 15 | | investigation in
anticipation of litigation, and the | 16 | | execution or enforcement of judgments and
orders, or | 17 | | pursuant to an order of a federal, State, or local court.
| 18 | | (6) For use by any insurer or insurance support | 19 | | organization or by a
self-insured entity or its agents, | 20 | | employees, or contractors in connection with
claims | 21 | | investigation activities, antifraud activities, rating, or | 22 | | underwriting.
| 23 | | (7) For use in providing notice to the owners of towed | 24 | | or
impounded vehicles.
| 25 | | (8) For use by any person licensed as a private | 26 | | detective or firm licensed as a private
detective agency |
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| 1 | | under
the Private Detective, Private Alarm, Private | 2 | | Security, Fingerprint Vendor, and Locksmith Act of
2004, | 3 | | private investigative agency or security service
licensed | 4 | | in Illinois for any purpose permitted under this | 5 | | subsection.
| 6 | | (9) For use by an employer or its agent or insurer to | 7 | | obtain or verify
information relating to a holder of a | 8 | | commercial driver's license that is
required under chapter | 9 | | 313 of title 49 of the United States Code.
| 10 | | (10) For use in connection with the operation of | 11 | | private toll
transportation facilities.
| 12 | | (11) For use by any requester, if the requester | 13 | | demonstrates it has
obtained the written consent of the | 14 | | individual to whom the information
pertains.
| 15 | | (12) For use by members of the news media, as defined | 16 | | in
Section 1-148.5, for the purpose of newsgathering when | 17 | | the request relates to
the
operation of a motor vehicle or | 18 | | public safety.
| 19 | | (13) For any other use specifically authorized by law, | 20 | | if that use is
related to the operation of a motor vehicle | 21 | | or public safety. | 22 | | (f-6) The Secretary of State shall not disclose or | 23 | | otherwise make
available to any
person or entity any highly | 24 | | restricted personal information obtained by the
Secretary of
| 25 | | State in connection with a driver's license, vehicle, or
title | 26 | | registration
record unless
specifically authorized by this |
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| 1 | | Code.
| 2 | | (g) 1. The Secretary of State may, upon receipt of a | 3 | | written request
and a fee as set forth in Section 6-118, | 4 | | furnish to the person or agency so requesting a
driver's record | 5 | | or data contained therein. Such document may include a record | 6 | | of: current driver's
license issuance information, except that | 7 | | the information on judicial driving
permits shall be available | 8 | | only as otherwise provided by this Code;
convictions; orders | 9 | | entered revoking, suspending or cancelling a
driver's
license | 10 | | or privilege; and notations of accident involvement. All other
| 11 | | information, unless otherwise permitted by
this Code, shall | 12 | | remain confidential. Information released pursuant to a
| 13 | | request for a driver's record shall not contain personally | 14 | | identifying
information, unless the request for the driver's | 15 | | record was made for one of the
purposes set forth in subsection | 16 | | (f-5) of this Section. The Secretary of State may, without fee, | 17 | | allow a parent or guardian of a person under the age of 18 | 18 | | years, who holds an instruction permit or graduated driver's | 19 | | license, to view that person's driving record online, through a | 20 | | computer connection.
The parent or guardian's online access to | 21 | | the driving record will terminate when the instruction permit | 22 | | or graduated driver's license holder reaches the age of 18.
| 23 | | 2. The Secretary of State shall not disclose or otherwise | 24 | | make available
to any
person or
entity any highly restricted | 25 | | personal information obtained by the Secretary of
State in
| 26 | | connection with a driver's license, vehicle, or title
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| 1 | | registration record
unless specifically
authorized by this | 2 | | Code. The Secretary of State may certify an abstract of a | 3 | | driver's record
upon written request therefor. Such | 4 | | certification
shall be made under the signature of the | 5 | | Secretary of State and shall be
authenticated by the Seal of | 6 | | his office.
| 7 | | 3. All requests for driving record information shall be | 8 | | made in a manner
prescribed by the Secretary and shall set | 9 | | forth the intended use of the
requested information.
| 10 | | The Secretary of State may notify the affected driver of | 11 | | the request
for purchase of his driver's record as the | 12 | | Secretary deems appropriate.
| 13 | | No information shall be released to the requester until | 14 | | expiration of a 10-day
10 day period. This 10-day 10 day period | 15 | | shall not apply to requests for information
made by law | 16 | | enforcement officials, government agencies, financial | 17 | | institutions,
attorneys, insurers, employers, automobile | 18 | | associated businesses, persons
licensed as a private detective | 19 | | or firms licensed as a private detective agency
under the | 20 | | Private Detective, Private Alarm, Private Security, | 21 | | Fingerprint Vendor, and Locksmith Act
of 2004,
who are employed | 22 | | by or are acting on behalf of law enforcement officials,
| 23 | | government agencies, financial institutions, attorneys, | 24 | | insurers, employers,
automobile associated businesses, and | 25 | | other business entities for purposes
consistent with the | 26 | | Illinois Vehicle Code, the affected driver or other
entities as |
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| 1 | | the Secretary may exempt by rule and regulation.
| 2 | | Any misrepresentation made by a requester requestor of | 3 | | driver information shall
be punishable as a petty offense, | 4 | | except in the case of persons licensed as
a private detective | 5 | | or firms licensed as a private detective agency which shall
be | 6 | | subject to disciplinary sanctions under Section 40-10 of the | 7 | | Private
Detective, Private Alarm, Private Security, | 8 | | Fingerprint Vendor, and Locksmith Act of 2004.
| 9 | | 4. The Secretary of State may furnish without fee, upon the | 10 | | written
request of a law enforcement agency, any information | 11 | | from a driver's
record on file with the Secretary of State when | 12 | | such information is required
in the enforcement of this Code or | 13 | | any other law relating to the operation
of motor vehicles, | 14 | | including records of dispositions; documented
information | 15 | | involving the use of a motor vehicle; whether such individual
| 16 | | has, or previously had, a driver's license; and the address and | 17 | | personal
description as reflected on said driver's record.
| 18 | | 5. Except as otherwise provided in this Section, the | 19 | | Secretary of
State may furnish, without fee, information from | 20 | | an individual driver's
record on file, if a written request | 21 | | therefor is submitted
by any public transit system or | 22 | | authority, public defender, law enforcement
agency, a state or | 23 | | federal agency, or an Illinois local intergovernmental
| 24 | | association, if the request is for the purpose of a background | 25 | | check of
applicants for employment with the requesting agency, | 26 | | or for the purpose of
an official investigation conducted by |
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| 1 | | the agency, or to determine a
current address for the driver so | 2 | | public funds can be recovered or paid to
the driver, or for any | 3 | | other 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 an | 6 | | arrest for a violation of
Section 11-501 or a similar provision | 7 | | of a local ordinance. Such abstract
may include records of | 8 | | dispositions; documented information involving
the use of a | 9 | | motor vehicle as contained in the current file; whether such
| 10 | | individual has, or previously had, a driver's license; and the | 11 | | address and
personal description as reflected on said driver's | 12 | | record.
| 13 | | 6. Any certified abstract issued by the Secretary of State | 14 | | or
transmitted electronically by the Secretary of State | 15 | | pursuant to this
Section,
to a court or on request of a law | 16 | | enforcement agency, for the record of a
named person as to the | 17 | | status of the person's driver's license shall be
prima facie | 18 | | evidence of the facts therein stated and if the name appearing
| 19 | | in such abstract is the same as that of a person named in an | 20 | | information or
warrant, such abstract shall be prima facie | 21 | | evidence that the person named
in such information or warrant | 22 | | is the same person as the person named in
such abstract and | 23 | | shall be admissible for any prosecution under this Code and
be | 24 | | admitted as proof of any prior conviction or proof of records, | 25 | | notices, or
orders recorded on individual driving records | 26 | | maintained by the Secretary of
State.
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| 1 | | 7. Subject to any restrictions contained in the Juvenile | 2 | | Court Act of
1987, and upon receipt of a proper request and a | 3 | | fee as set forth in Section 6-118, the
Secretary of
State shall | 4 | | provide a driver's record or data contained therein to the | 5 | | affected driver, or the affected
driver's attorney, upon | 6 | | verification. Such record shall contain all the
information | 7 | | referred to in paragraph 1 of this subsection (g) plus: any
| 8 | | recorded accident involvement as a driver; information | 9 | | recorded pursuant to
subsection (e) of Section 6-117 and | 10 | | paragraph (4) of subsection (a) of
Section 6-204 of this Code. | 11 | | All other information, unless otherwise permitted
by this Code, | 12 | | shall remain confidential.
| 13 | | (h) The Secretary shall not disclose social security | 14 | | numbers or any associated information obtained from the Social | 15 | | Security Administration except pursuant
to a written request | 16 | | by, or with the prior written consent of, the
individual | 17 | | except: (1) to officers and employees of the Secretary
who
have | 18 | | a need to know the social security numbers in performance of | 19 | | their
official duties, (2) to law enforcement officials for a | 20 | | lawful, civil or
criminal law enforcement investigation, and if | 21 | | an officer the head of the law enforcement
agency has made a | 22 | | written request to the Secretary specifying the law
enforcement | 23 | | investigation for which the social security numbers are being
| 24 | | sought, though the Secretary retains the right to require | 25 | | additional verification regarding the validity of the request, | 26 | | (3) to the United States Department of Transportation, or any |
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| 1 | | other
State, pursuant to the administration and enforcement of | 2 | | the Commercial
Motor Vehicle Safety Act of 1986 or | 3 | | participation in State-to-State verification service , (4) | 4 | | pursuant to the order of a court
of competent jurisdiction, (5) | 5 | | to the Department of Healthcare and Family Services (formerly | 6 | | Department of Public Aid) for
utilization
in the child support | 7 | | enforcement duties assigned to that Department under
| 8 | | provisions of the Illinois Public Aid Code after the individual | 9 | | has received advanced
meaningful notification of what | 10 | | redisclosure is sought by the Secretary in
accordance with the | 11 | | federal Privacy Act, (5.5) to the Department of Healthcare and | 12 | | Family Services and the Department of Human Services solely for | 13 | | the purpose of verifying Illinois residency where such | 14 | | residency is an eligibility requirement for benefits under the | 15 | | Illinois Public Aid Code or any other health benefit program | 16 | | administered by the Department of Healthcare and Family | 17 | | Services or the Department of Human Services, (6) to the | 18 | | Illinois Department of Revenue solely for use by the Department | 19 | | in the collection of any tax or debt that the Department of | 20 | | Revenue is authorized or required by law to collect, provided | 21 | | that the Department shall not disclose the social security | 22 | | number to any person or entity outside of the Department, or | 23 | | (7) to the Illinois Department of Veterans' Affairs for the | 24 | | purpose of confirming veteran status , or (8) the last 4 digits | 25 | | to the Illinois State Board of Elections for purposes of voter | 26 | | registration and as may be required pursuant to an agreement |
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| 1 | | for a multi-state voter registration list maintenance system. | 2 | | If social security information is disclosed by the Secretary in | 3 | | accordance with this Section, no liability shall rest with the | 4 | | Office of the Secretary of State or any of its officers or | 5 | | employees, as the information is released for official purposes | 6 | | only .
| 7 | | (i) (Blank).
| 8 | | (j) Medical statements or medical reports received in the | 9 | | Secretary of
State's Office shall be confidential. Except as | 10 | | provided in this Section, no confidential information may be
| 11 | | open to public inspection or the contents disclosed to anyone, | 12 | | except
officers and employees of the Secretary who have a need | 13 | | to know the information
contained in the medical reports and | 14 | | the Driver License Medical Advisory
Board, unless so directed | 15 | | by an order of a court of competent jurisdiction. If the | 16 | | Secretary receives a medical report regarding a driver that | 17 | | does not address a medical condition contained in a previous | 18 | | medical report, the Secretary may disclose the unaddressed | 19 | | medical condition to the driver or his or her physician, or | 20 | | both, solely for the purpose of submission of a medical report | 21 | | that addresses the condition.
| 22 | | (k) Disbursement of fees collected under this Section shall | 23 | | be as follows: (1) of the $12 fee for a driver's record, $3 | 24 | | shall be paid into the Secretary of State Special Services | 25 | | Fund, and $6 shall be paid into the General Revenue Fund; (2) | 26 | | 50% of the amounts collected under subsection (b) shall be paid |
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| 1 | | into the General Revenue Fund; and (3) all remaining fees shall | 2 | | be disbursed under subsection (g) of Section 2-119 of this | 3 | | Code.
| 4 | | (l) (Blank).
| 5 | | (m) Notations of accident involvement that may be disclosed | 6 | | under this
Section shall not include notations relating to | 7 | | damage to a vehicle or other
property being transported by a | 8 | | tow truck. This information shall remain
confidential, | 9 | | provided that nothing in this subsection (m) shall limit
| 10 | | disclosure of any notification of accident involvement to any | 11 | | law enforcement
agency or official.
| 12 | | (n) Requests made by the news media for driver's license, | 13 | | vehicle, or
title registration information may be furnished | 14 | | without charge or at a reduced
charge, as determined by the | 15 | | Secretary, when the specific purpose for
requesting the | 16 | | documents is deemed to be in the public interest. Waiver or
| 17 | | reduction of the fee is in the public interest if the principal | 18 | | purpose of the
request is to access and disseminate information | 19 | | regarding the health, safety,
and welfare or the legal rights | 20 | | of the general public and is not for the
principal purpose of | 21 | | gaining a personal or commercial benefit.
The information | 22 | | provided pursuant to this subsection shall not contain
| 23 | | personally identifying information unless the information is | 24 | | to be used for one
of the
purposes identified in subsection | 25 | | (f-5) of this Section.
| 26 | | (o) The redisclosure of personally identifying information
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| 1 | | obtained
pursuant
to this Section is prohibited, except to the | 2 | | extent necessary to effectuate the
purpose
for which the | 3 | | original disclosure of the information was permitted.
| 4 | | (p) The Secretary of State is empowered to adopt rules
to
| 5 | | effectuate this Section.
| 6 | | (Source: P.A. 99-127, eff. 1-1-16; 100-590, eff. 6-8-18; | 7 | | revised 10-11-18.)
| 8 | | (625 ILCS 5/6-110.1)
| 9 | | Sec. 6-110.1. Confidentiality of captured photographs or | 10 | | images. The
Secretary of State shall maintain a file on or | 11 | | contract to file all photographs
and signatures obtained in the | 12 | | process of issuing a driver's license, permit,
or | 13 | | identification card. The photographs and signatures shall be | 14 | | confidential
and shall not be disclosed except to the following | 15 | | persons:
| 16 | | (1) the individual upon written request;
| 17 | | (2) officers and employees of the Secretary of State | 18 | | who have a need
to have access to the stored images for | 19 | | purposes of issuing and controlling
driver's licenses, | 20 | | permits, or identification cards and investigation of | 21 | | fraud or misconduct ;
| 22 | | (3) law enforcement officials for a lawful civil or | 23 | | criminal
law enforcement investigation;
| 24 | | (3-5) the State Board of Elections for the sole purpose | 25 | | of providing the signatures required by a local election |
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| 1 | | authority to register a voter through an online voter | 2 | | registration system; | 3 | | (3-10) officers and employees of the Secretary of State | 4 | | who have a need to have access to the stored images for | 5 | | purposes of issuing and controlling notary public | 6 | | commissions and for the purpose of providing the signatures | 7 | | required to process online applications for appointment | 8 | | and commission as notaries public; or | 9 | | (4) other entities that the Secretary may authorize | 10 | | exempt by rule.
| 11 | | (Source: P.A. 98-115, eff. 7-29-13; 99-112, eff. 1-1-16 .)
| 12 | | (625 ILCS 5/6-110.2 new) | 13 | | Sec. 6-110.2. Confidentiality of documents submitted with | 14 | | an application for a driver's license. Documents required to be | 15 | | submitted with an application for a driver's license to prove | 16 | | the applicant's identity (name and date of birth), social | 17 | | security number, written signature, residency, and, as | 18 | | applicable, proof of lawful status shall be confidential and | 19 | | shall not be disclosed except to the following persons: | 20 | | (1) the individual to whom the driver's license or | 21 | | permit was issued, upon written request; | 22 | | (2) officers and employees of the Secretary of State | 23 | | who have a need to have access to the stored images for | 24 | | purposes of issuing and controlling driver's licenses, | 25 | | permits, or identification cards and investigation of |
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| 1 | | fraud or misconduct; | 2 | | (3) law enforcement officials for a civil or criminal | 3 | | law enforcement investigation; | 4 | | (4) other entities that the Secretary may authorize by | 5 | | rule.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 15 ILCS 335/1A | | | 4 | | 15 ILCS 335/11 | from Ch. 124, par. 31 | | 5 | | 625 ILCS 5/1-159.2 | | | 6 | | 625 ILCS 5/2-123 | from Ch. 95 1/2, par. 2-123 | | 7 | | 625 ILCS 5/6-110.1 | | | 8 | | 625 ILCS 5/6-110.2 new | |
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