Full Text of SB2978 103rd General Assembly
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| 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 by changing | 5 | | Section 1-100 and adding Article 2A as follows: | 6 | | (625 ILCS 5/1-100) (from Ch. 95 1/2, par. 1-100) | 7 | | Sec. 1-100. Short Title. This Act may be cited as the | 8 | | Illinois Vehicle Code. | 9 | | Portions of this Act may likewise be cited by a short title | 10 | | as follows: | 11 | | Chapters 2, 3, 4 and 5: the Illinois Vehicle Title & | 12 | | Registration Law. | 13 | | Chapter 2A: the Driver and Motor Vehicle Record Data | 14 | | Privacy Law. | 15 | | Chapter 6: the Illinois Driver Licensing Law. | 16 | | Chapter 7: the Illinois Safety and Family Financial | 17 | | Responsibility Law. | 18 | | Chapter 11: the Illinois Rules of the Road. | 19 | | Chapter 12: the Illinois Vehicle Equipment Law. | 20 | | Chapter 13: the Illinois Vehicle Inspection Law. | 21 | | Chapter 14: the Illinois Vehicle Equipment Safety Compact. | 22 | | Chapter 15: the Illinois Size and Weight Law. | 23 | | Chapter 17: the Illinois Highway Safety Law. |
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| 1 | | Chapter 18a: the Illinois Commercial Relocation of | 2 | | Trespassing Vehicles Law. | 3 | | Chapter 18b: the Illinois Motor Carrier Safety Law. | 4 | | Chapter 18c: the Illinois Commercial Transportation Law. | 5 | | Chapter 18d: The Illinois Commercial Safety Towing Law. | 6 | | (Source: P.A. 95-562, eff. 7-1-08 .) | 7 | | (625 ILCS 5/Ch. 2A heading new) | 8 | | CHAPTER 2A. DRIVER AND MOTOR VEHICLE RECORD PRIVACY | 9 | | (625 ILCS 5/2A-101 new) | 10 | | Sec. 2A-101. Statement of intent and purpose. The purpose | 11 | | of this Chapter is to comply with the federal Driver's Privacy | 12 | | Protection Act of 1994 in order to protect the interest of | 13 | | individuals in their personal privacy by prohibiting the | 14 | | disclosure and use of personal information contained in their | 15 | | motor vehicle record, except as authorized by the individual | 16 | | or by law. | 17 | | (625 ILCS 5/2A-102 new) | 18 | | Sec. 2A-102. Definitions. As used in this Chapter: | 19 | | "Access agreement" means an agreement between the | 20 | | Secretary and any person, governmental entity, or private | 21 | | party for access to the Secretary of State's electronic motor | 22 | | vehicle records. | 23 | | "Breach of the security of the system data" or "breach" |
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| 1 | | means unauthorized acquisition of computerized data that | 2 | | compromises the security, confidentiality, or integrity of | 3 | | personally identifying information maintained by an authorized | 4 | | recipient. "Breach of the security of the system data" does | 5 | | not include good faith acquisition of personally identifying | 6 | | information by an employee or agent of the authorized | 7 | | recipient for an authorized purpose under this Chapter if the | 8 | | personally identifying information is not used for a purpose | 9 | | unrelated to the authorized purpose for which the personal | 10 | | identifying information as obtained or subject to further | 11 | | unauthorized disclosure. | 12 | | "Disclose" means to engage in any practice or conduct to | 13 | | make available and make known personal information contained | 14 | | in a motor vehicle record about a person to any person, | 15 | | organization, or entity, by any means of communication. | 16 | | "Motor vehicle record" means any record that pertains to a | 17 | | motor vehicle operator's permit, including, but not limited | 18 | | to, a commercial learner's permit, driver's license, | 19 | | instruction permit, monitoring device driving permit, | 20 | | probationary license or restricted driving permit, motor | 21 | | vehicle title, motor vehicle registration, or identification | 22 | | card issued by the Secretary of State. | 23 | | "Private party" means any natural person, firm, | 24 | | co-partnership, association, or business entity other than a | 25 | | governmental entity. | 26 | | "Private toll transportation facility" means any toll |
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| 1 | | operated or maintained on the roads, highways, or interstates | 2 | | by a nongovernmental entity. | 3 | | "Requester" means a person, private party, or governmental | 4 | | entity requesting motor vehicle records or other information | 5 | | from the Secretary of State. | 6 | | (625 ILCS 5/2A-103 new) | 7 | | Sec. 2A-103. Prohibition on disclosure of social security | 8 | | number. | 9 | | (a) The Secretary shall not disclose a social security | 10 | | number provided to the Secretary of State in connection with a | 11 | | motor vehicle record, whether an applicant provided a social | 12 | | security number, or any associated information obtained from | 13 | | the Social Security Administration except pursuant to a | 14 | | written request by, or with the prior written consent of, the | 15 | | individual, except: | 16 | | (1) to officers and employees of the Secretary who | 17 | | have a need to know the social security numbers in | 18 | | performance of their official duties; | 19 | | (2) to law enforcement officials for a civil or | 20 | | criminal law enforcement investigation, and if an officer | 21 | | of the law enforcement agency has made a written request | 22 | | to the Secretary specifying the law enforcement | 23 | | investigation for which the social security numbers are | 24 | | being sought, though the Secretary retains the right to | 25 | | require additional verification regarding the validity of |
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| 1 | | the request; | 2 | | (3) to the United States Department of Transportation | 3 | | or any other state, pursuant to the administration and | 4 | | enforcement of the Commercial Motor Vehicle Safety Act of | 5 | | 1986 or participation in state-to-state verification | 6 | | service; | 7 | | (4) pursuant to the order of a court of or a subpoena | 8 | | issued by a court; | 9 | | (5) to the Department of Healthcare and Family | 10 | | Services for utilization in the child support enforcement | 11 | | duties assigned to that Department under provisions of the | 12 | | Illinois Public Aid Code after the individual has received | 13 | | advanced notification of what redisclosure is sought by | 14 | | the Secretary in accordance with the federal Privacy Act; | 15 | | (6) to the Department of Healthcare and Family | 16 | | Services and the Department of Human Services solely for | 17 | | the purpose of verifying identity and Illinois residency | 18 | | where such residency is an eligibility requirement for | 19 | | benefits under the Illinois Public Aid Code or any other | 20 | | health benefit program administered by the Department of | 21 | | Healthcare and Family Services or the Department of Human | 22 | | Services; | 23 | | (7) to the Illinois Department of Revenue solely for | 24 | | use by the Department in the collection of any tax or debt | 25 | | that the Department of Revenue is authorized or required | 26 | | by law to collect, provided that the Department shall not |
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| 1 | | disclose the social security number to any person or | 2 | | entity outside the Department; | 3 | | (8) to the Illinois Department of Veterans' Affairs | 4 | | for the purpose of confirming veteran status; | 5 | | (9) the last 4 digits to the Illinois State Board of | 6 | | Elections for purposes of voter registration and as may be | 7 | | required pursuant to an agreement for a multi-state voter | 8 | | registration list maintenance system. If social security | 9 | | information is disclosed by the Secretary in accordance | 10 | | with this Section, no liability shall rest with the Office | 11 | | of the Secretary of State or any of its officers or | 12 | | employees, as the information is released for official | 13 | | purposes only; or | 14 | | (10) to the United States Selective Service for | 15 | | purposes of Selective Service registration. | 16 | | (b) An Illinois governmental agency that receives an | 17 | | individual's social security number under subsection (a) of | 18 | | this Section may not redisclose the social security number | 19 | | except as required by law. An Illinois governmental agency | 20 | | that rediscloses a social security number as authorized by | 21 | | this subsection shall maintain records for a minimum of 5 | 22 | | years that identify every entity to which the government | 23 | | agency provided the social security number. Records kept in | 24 | | accordance with this subsection must be made available to the | 25 | | Secretary upon request. | 26 | | (c) Nothing in this Section prohibits an individual from |
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| 1 | | having access to that individual's own social security number | 2 | | that was provided to the Secretary in connection with a motor | 3 | | vehicle record. | 4 | | (d) Knowingly obtaining or using a social security number | 5 | | from a motor vehicle record in violation of this Section is a | 6 | | Class A misdemeanor. | 7 | | (e) Any person who uses or acquires a social security | 8 | | number in violation of this Section that subjects the | 9 | | Secretary to any liability or claim shall indemnify and hold | 10 | | harmless the Secretary from all such liabilities and claims, | 11 | | including attorney fees and court costs, incurred in any | 12 | | action. | 13 | | (625 ILCS 5/2A-104 new) | 14 | | Sec. 2A-104. Confidentiality of captured photographs, | 15 | | signatures, or images. | 16 | | (a) The Secretary of State shall maintain all photographs, | 17 | | signatures and images obtained in the process of issuing a | 18 | | driver's license, permit, identification card, or in | 19 | | connection to a Certificate of Title or vehicle registration. | 20 | | Except as otherwise provided in this Section and | 21 | | notwithstanding any other provision of law, the photographs, | 22 | | signatures, and images shall be confidential and shall not be | 23 | | disclosed except to the following persons: | 24 | | (1) the individual to whom the driver's license, | 25 | | permit, identification card, Certificate of Title, or |
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| 1 | | vehicle registration was issued upon written request; | 2 | | (2) officers and employees of the Secretary of State | 3 | | who have a need to have access to the stored photographs, | 4 | | signatures, and images for purposes of issuing and | 5 | | controlling driver's licenses, permits, or identification | 6 | | cards and investigation of fraud or misconduct; | 7 | | (3) law enforcement officials for a civil or criminal | 8 | | law enforcement investigation, except as restricted by | 9 | | Section 2A-106; | 10 | | (4) the State Board of Elections for the sole purpose | 11 | | of providing the signatures required by a local election | 12 | | authority to register a voter through an online voter | 13 | | registration system; | 14 | | (5) officers and employees of the Secretary of State | 15 | | who have a need to have access to the stored photographs, | 16 | | signatures, and images for purposes of issuing and | 17 | | controlling notary public commissions and for the purpose | 18 | | of providing the signatures required to process online | 19 | | applications for appointment and commission as notaries | 20 | | public; or | 21 | | (6) other entities that the Secretary may authorize by | 22 | | rule. | 23 | | (b) The Secretary of State shall not provide facial | 24 | | recognition search services or photographs obtained in the | 25 | | process of issuing a driver's license or permit to any | 26 | | federal, state, or local law enforcement agency or other |
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| 1 | | governmental entity for the purpose of enforcing federal | 2 | | immigration laws and in accordance with Section 2A-106. This | 3 | | subsection shall not apply to requests from federal, state, or | 4 | | local law enforcement agencies or other governmental entities | 5 | | for facial recognition search services or photographs obtained | 6 | | in the process of issuing a driver's license or permit when the | 7 | | purpose of the request relates to criminal activity other than | 8 | | violations of immigration laws. | 9 | | (625 ILCS 5/2A-105 new) | 10 | | Sec. 2A-105. Confidentiality of documents submitted with | 11 | | an application for driver's licenses and vehicle transactions. | 12 | | Notwithstanding any other provision of law, documents required | 13 | | to be submitted with an application for a Certificate of | 14 | | Title, vehicle registration, or driver's license to prove the | 15 | | applicant's identity (name and date of birth), social security | 16 | | number or lack of a social security number, written signature, | 17 | | residency, and, as applicable, citizenship or immigration | 18 | | status and country of citizenship shall be confidential and | 19 | | shall not be disclosed except to the following persons: | 20 | | (1) the individual to whom the Certificate of Title, | 21 | | vehicle registration, or driver's license or permit was | 22 | | issued, upon written request; | 23 | | (2) officers and employees of the Secretary of State | 24 | | who have a need to access the stored photographs, | 25 | | signatures, and images for purposes of issuing and |
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| 1 | | controlling vehicle titling or vehicle registration, | 2 | | driver's licenses, permits, or identification cards and | 3 | | investigation of fraud or misconduct; | 4 | | (3) law enforcement officials for a civil or criminal | 5 | | law enforcement investigation, except as restricted by | 6 | | this Chapter; | 7 | | (4) other entities that the Secretary may authorize by | 8 | | rule. | 9 | | (625 ILCS 5/2A-106 new) | 10 | | Sec. 2A-106. Restrictions on use of information for | 11 | | immigration enforcement. | 12 | | (a) Notwithstanding any other provision of law, the | 13 | | Secretary may not release or make accessible in any manner any | 14 | | highly restricted personal information as defined in Section | 15 | | 1-125.9 or personally identifying information as defined in | 16 | | Section 1-159.2, provide images, photos, or facial recognition | 17 | | services as described in Section 2A-104 or disclose documents | 18 | | as described in Section 2A-105 to any immigration agent as | 19 | | defined in Section 10 of the Illinois TRUST Act, unless | 20 | | necessary to comply with the following, to the extent that | 21 | | production of such information or documents is specifically | 22 | | required: | 23 | | (1) a lawful court order; | 24 | | (2) a judicial warrant signed by a judge appointed | 25 | | pursuant to Article III of the Constitution of the United |
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| 1 | | States; or | 2 | | (3) a subpoena for individual records issued by a | 3 | | federal or State court. | 4 | | When responding to such a court order, warrant, or | 5 | | subpoena, the Secretary shall disclose only those documents or | 6 | | information specifically requested. Within 3 business days | 7 | | after receiving such a court order, warrant, or subpoena, the | 8 | | Secretary shall send a notification to the individual about | 9 | | whom such information was requested that a court order, | 10 | | warrant, or subpoena was received and the identity of the | 11 | | entity that presented the court order, warrant, or subpoena. | 12 | | (b) The Secretary shall not enter into or maintain any | 13 | | agreement regarding the sharing of any highly restricted | 14 | | personal information as defined in Section 1-125.9, personally | 15 | | identifying information as defined in Section 1-159.2, images | 16 | | or photos described in Section 2A-104 or documents described | 17 | | in Section 2A-105 unless all other parties to such agreement | 18 | | certify that the information obtained will not be used for | 19 | | civil immigration purposes or knowingly disseminated to any | 20 | | third party for any purpose related to civil immigration | 21 | | enforcement. | 22 | | (625 ILCS 5/2A-108 new) | 23 | | Sec. 2A-108. Disclosure with consent. Personally | 24 | | identifying information as defined in this Code may be | 25 | | disclosed upon request if the person making the request is the |
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| 1 | | subject of the information or the person making the request | 2 | | demonstrates in such form and manner as the Secretary | 3 | | prescribes that the person has obtained the written consent of | 4 | | the person who is the subject of the information. | 5 | | (625 ILCS 5/2A-109 new) | 6 | | Sec. 2A-109. Permitted disclosures. | 7 | | (a) Except as otherwise provided in this Section, the | 8 | | Secretary may make the driver's license, vehicle and title | 9 | | registration lists, in part or in whole, and any statistical | 10 | | information derived from these lists available to local | 11 | | governments, elected State officials, State educational | 12 | | institutions, and all other governmental units of the State or | 13 | | federal government requesting them for governmental purposes. | 14 | | The Secretary shall require any such applicant for services to | 15 | | pay for the costs of furnishing such services and in addition | 16 | | is empowered to establish prices and charges for the services | 17 | | so furnished. | 18 | | (b) The Secretary is further empowered to and may, in the | 19 | | Secretary's discretion, furnish to any applicant other than | 20 | | listed in subsection (a) of this Section, vehicle or driver | 21 | | data via digital transmission at a fixed fee of $500, in | 22 | | advance, and a charge of $50, per 1,000 motor vehicle records | 23 | | or part thereof. This service shall not be in lieu of an | 24 | | abstract of a driver's record nor of a title or registration | 25 | | search. This information sold pursuant to this subsection may |
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| 1 | | be the entire vehicle or driver data list, or part thereof. The | 2 | | information sold pursuant to this subsection shall not contain | 3 | | personally identifying information unless the information is | 4 | | to be used for one of the purposes identified in subsection | 5 | | (d-5) of this Section and may not be used for solicitation in | 6 | | any form or manner. Commercial purchasers of driver and | 7 | | vehicle record databases shall enter into a written access | 8 | | agreement with the Secretary that includes disclosure of the | 9 | | commercial use of the information to be purchased. | 10 | | (c) The Secretary may compile a list of all registered | 11 | | vehicles. Each list of registered vehicles shall be arranged | 12 | | serially according to the registration numbers assigned to | 13 | | registered vehicles and may contain in addition the names and | 14 | | addresses of registered owners and a brief description of each | 15 | | vehicle including the serial or other identifying number | 16 | | thereof. Such compilation may be in such form as in the | 17 | | discretion of the Secretary may deem best for the purposes | 18 | | intended. | 19 | | (d) The Secretary shall make a title or registration | 20 | | search of the records of his office and a written report on the | 21 | | same for any person, upon written application of such person, | 22 | | accompanied by a fee of $5 for each registration or title | 23 | | search. The written application shall set forth the intended | 24 | | use of the requested information. No fee shall be charged for a | 25 | | title or registration search, or for the certification | 26 | | thereof, requested by a government agency. The report of the |
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| 1 | | title or registration search shall not contain personally | 2 | | identifying information unless the request for a search was | 3 | | made for one of the purposes identified in subsection (e) of | 4 | | this Section. The report of the title or registration search | 5 | | shall not contain highly restricted personal information | 6 | | unless specifically authorized by this Chapter. | 7 | | The Secretary shall certify a title or registration record | 8 | | upon written request. The fee for certification shall be $5 in | 9 | | addition to the fee required for a title or registration | 10 | | search. Certification shall be made under the signature of the | 11 | | Secretary and shall be authenticated by Seal of the Secretary. | 12 | | The Secretary may notify the vehicle owner or registrant | 13 | | of the request for purchase of his title or registration | 14 | | information as the Secretary deems appropriate. No information | 15 | | shall be released to the requester until expiration of a | 16 | | 10-day period. This 10-day period shall not apply to requests | 17 | | for information made by law enforcement officials, government | 18 | | agencies, financial institutions, attorneys, insurers, | 19 | | employers, automobile associated businesses, the vehicle owner | 20 | | or registrant or other entities as the Secretary may deem by | 21 | | rule and regulation. | 22 | | (e) The Secretary shall not disclose or otherwise make | 23 | | available to any person or entity any personally identifying | 24 | | information obtained by the Secretary in connection with a | 25 | | motor vehicle record unless the information is disclosed for | 26 | | one of the following purposes and the disclosure is not |
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| 1 | | further limited by this Code: | 2 | | (1) For use by any governmental agency, including any | 3 | | court or law enforcement agency, in carrying out its | 4 | | functions, or any private person or entity acting on | 5 | | behalf of a federal, State, or local agency in carrying | 6 | | out its functions. | 7 | | (2) For use in connection with matters of motor | 8 | | vehicle or driver safety or theft; motor vehicle | 9 | | emissions; motor vehicle product alterations, recalls, or | 10 | | advisories; performance monitoring of the motor vehicles, | 11 | | motor vehicle parts, and dealers; and removal of non-owner | 12 | | records from the original owner records of motor vehicle | 13 | | manufacturers. | 14 | | (3) For use in the normal course of business by a | 15 | | legitimate business or its agents, employees, or | 16 | | contractors, but only if: | 17 | | (A) to verify the accuracy of personal information | 18 | | submitted by an individual to the business or its | 19 | | agents, employees, or contractors; and | 20 | | (B) if such information as so submitted is not | 21 | | correct or is no longer correct, to obtain the correct | 22 | | information, but only for the purposes of preventing | 23 | | fraud by, pursuing legal remedies against, or | 24 | | recovering on a debt or security interest, against the | 25 | | individual. | 26 | | (4) For use in research activities and for use in |
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| 1 | | producing statistical reports, if the personally | 2 | | identifying information is not published, redisclosed, or | 3 | | used to contact individuals. | 4 | | (5) For use in connection with any civil, criminal, | 5 | | administrative, or arbitral proceeding in any federal, | 6 | | State, or local court or agency or before any | 7 | | self-regulatory body, including the service of process, | 8 | | investigation in anticipation of litigation, and the | 9 | | execution or enforcement of judgments and orders, or | 10 | | pursuant to an order of a federal, State, or local court. | 11 | | (6) For use by any insurer or insurance support | 12 | | organization or by a self-insured entity or its agents, | 13 | | employees, or contractors in connection with claims | 14 | | investigation activities, antifraud activities, rating, or | 15 | | underwriting. | 16 | | (7) For use in providing notice to the owners of towed | 17 | | or impounded vehicles. | 18 | | (8) For use by an employer or its agent or insurer to | 19 | | obtain or verify information relating to a holder of a | 20 | | commercial driver's license that is required under Chapter | 21 | | 313 of Title 49 of the United States Code. | 22 | | (9) For use in connection with the operation of | 23 | | private toll transportation facilities. | 24 | | (10) For use by any requester, if the requester | 25 | | demonstrates it has obtained the written consent of the | 26 | | individual to whom the information pertains. |
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| 1 | | (11) For use by members of the news media, as defined | 2 | | in Section 1-148.5 for the purpose of newsgathering when | 3 | | the request relates to the operation of a motor vehicle or | 4 | | public safety. Requests made by the news media for motor | 5 | | vehicle record information may be furnished without charge | 6 | | or at a reduced charge, as determined by the Secretary, | 7 | | when the specific purpose for requesting the documents is | 8 | | deemed to be in the public interest. Waiver or reduction | 9 | | of the fee is in the public interest if the principal | 10 | | purpose of the request is to access and disseminate | 11 | | information regarding the health, safety, and welfare or | 12 | | the legal rights of the general public and is not for the | 13 | | principal purpose of gaining a personal or commercial | 14 | | benefit. | 15 | | (12) For any other use specifically authorized by law, | 16 | | if that use is related to the operation of a motor vehicle | 17 | | or public safety. | 18 | | (f) The Secretary shall not disclose or otherwise make | 19 | | available to any person or entity any highly restricted | 20 | | personal information obtained by the Secretary in connection | 21 | | with a motor vehicle record unless specifically authorized by | 22 | | this Code. | 23 | | (g)(1) The Secretary may, in accordance with this Code, | 24 | | furnish to the person or agency so requesting a driver's | 25 | | record or data contained therein. Such document may include a | 26 | | record of: current driver's license issuance information, |
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| 1 | | except that the information on judicial permits or monitoring | 2 | | device driving permits shall be available only as otherwise | 3 | | provided by this Code; convictions, orders entered revoking | 4 | | suspending or canceling a driver's license or privilege; and | 5 | | notations of crash involvement. All other information, unless | 6 | | otherwise permitted by this Code, shall remain confidential. | 7 | | Information released pursuant to a request for a driver's | 8 | | record shall not contain personally identifying information, | 9 | | unless the request for the driver's record was made for one of | 10 | | the purposes set forth in subsection (e) of this Section. The | 11 | | Secretary may, without fee, allow a parent or guardian of a | 12 | | person under the age of 18 years, who holds an instruction | 13 | | permit or graduated driver's license, to view that person's | 14 | | driving record online, through a computer connection. The | 15 | | parent or guardian's online access to the driving record will | 16 | | terminate when the instruction permit or graduated driver's | 17 | | license holder reaches the age of 18. | 18 | | (2) The Secretary of State may certify an abstract of a | 19 | | driver's record upon written request therefor. Such | 20 | | certification shall be made under the signature of the | 21 | | Secretary and shall be authenticated by the Seal of his | 22 | | office. | 23 | | (3) All requests for driving record information shall be | 24 | | made in a manner prescribed by the Secretary and shall set | 25 | | forth the intended use of the requested information. | 26 | | The Secretary may notify the affected driver of the |
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| 1 | | request for purchase of his driver's record as the Secretary | 2 | | deems appropriate. | 3 | | No information shall be released to the requester until | 4 | | expiration of a 10-day period. This 10-day period shall not | 5 | | apply to requests for information made by law enforcement | 6 | | officials, government agencies, financial institutions, | 7 | | attorneys, insurers, employers, automobile associated | 8 | | businesses, the affected driver or other entities as the | 9 | | Secretary may exempt by rule or regulation. | 10 | | (4) The Secretary may furnish without fee, upon the | 11 | | written request of a law enforcement agency, any information | 12 | | from a driver's record on file with the Secretary when such | 13 | | information is required in the enforcement of this Code or any | 14 | | other law relating to the operation of motor vehicles, | 15 | | including records of dispositions; documented information | 16 | | involving the use of a motor vehicle; whether such individual | 17 | | has, or previously had, a driver's license; and the address | 18 | | and personal description as reflected on said driver's record. | 19 | | (5) Except as otherwise provided in this Section, the | 20 | | Secretary may furnish, without fee, information from an | 21 | | individual driver's record on file, if a written request | 22 | | therefor is submitted by any public transit system or | 23 | | authority, public defender, law enforcement agency, a state or | 24 | | federal agency, or an Illinois local intergovernmental | 25 | | association, if the request is for the purpose of a background | 26 | | check of applicants for employment with the requesting agency, |
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| 1 | | or the purpose of an official investigation conducted by the | 2 | | agency, or to determine a current address for the driver so | 3 | | public funds can be recovered or paid to the driver, or for any | 4 | | other purpose set forth in subsection (e) of this Section. | 5 | | The Secretary may also furnish the courts a copy of an | 6 | | abstract of a driver's record, without fee, subsequent to an | 7 | | arrest or issuance of a Uniform Citation and Complaint for any | 8 | | violation of a provision of this Code or a similar provision of | 9 | | a local ordinance. Such abstract may include records of | 10 | | dispositions; documented information involving the use of a | 11 | | motor vehicle as contained in the current file; whether such | 12 | | individual has, or previously had, a driver's license; and the | 13 | | address and personal description as reflected on said driver's | 14 | | record. | 15 | | (6) Any certified abstract issued by the Secretary or | 16 | | transmitted electronically by the Secretary pursuant to this | 17 | | Section, to a court or on request of a law enforcement agency, | 18 | | for the record of a named person as to the status of the | 19 | | person's driver's license shall be prima facie evidence of the | 20 | | facts therein stated and if the name appearing in such | 21 | | abstract is the same as that of a person named in an | 22 | | information or warrant, such abstract shall be prima facie | 23 | | evidence that the person named in such information or warrant | 24 | | is the same person as the person named in such abstract and | 25 | | shall be admissible for any prosecution under this Code and be | 26 | | admitted as proof of any prior conviction or proof of records, |
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| 1 | | notices, or orders recorded on individual driving records | 2 | | maintained by the Secretary. | 3 | | (7) Subject to any restrictions contained in the Juvenile | 4 | | Court Act of 1987, and upon receipt of a proper request and a | 5 | | fee as set forth in Section 6-118, the Secretary shall provide | 6 | | a driver's record or data contained therein to the affected | 7 | | driver, or the affected driver's attorney, upon verification. | 8 | | Such record shall contain all the information referred to in | 9 | | paragraph (1) of this subsection, plus: any recorded crash | 10 | | involvement as a driver; information recorded pursuant to | 11 | | subsection (e) of Section 6-117 and paragraph (4) of | 12 | | subsection (a) of Section 6-204. All other information, unless | 13 | | otherwise permitted by this Code, shall remain confidential. | 14 | | (h) Medical statements or medical reports received by the | 15 | | Secretary of State's Office shall be confidential. Except as | 16 | | provided in this Section, no confidential information may be | 17 | | open to public inspection or the contents disclosed to anyone, | 18 | | except officers and employees of the Secretary who have a need | 19 | | to know the information contained in the medical reports and | 20 | | the Driver License Medical Advisory Board, unless so directed | 21 | | by an order of a court of competent jurisdiction, or in | 22 | | response to a civil action filed pursuant to the | 23 | | Administrative Procedure Act as it relates to an order of | 24 | | cancellation, suspension, or revocation. If the Secretary | 25 | | receives a medical report regarding a driver that does not | 26 | | address a medical condition contained in a previous medical |
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| 1 | | report, the Secretary may disclose the unaddressed medical | 2 | | condition to the driver or his or her physician, or both, | 3 | | solely for the purpose of submission of a medical report that | 4 | | addresses the condition. | 5 | | (i) Notations of crash 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. The information shall remain confidential, provided | 9 | | that nothing in this subsection shall limit disclosure of any | 10 | | notification of crash involvement to any law enforcement | 11 | | agency or official. | 12 | | (j) Pursuant to the Uniform Anatomical Gift Act and | 13 | | pursuant to an access agreement as set forth in Section | 14 | | 2A-108, the Secretary shall allow organ procurement | 15 | | organizations, as defined by the Uniform Anatomical Gift Act, | 16 | | access to the name, address, gender, date of birth, driver's | 17 | | license or identification card number, and date of consent a | 18 | | person joined the First Person Consent organ and donor | 19 | | registry for the purpose of determining whether a potential | 20 | | organ and tissue donor is included in the First Person Consent | 21 | | organ and tissue donor registry. | 22 | | (625 ILCS 5/2A-110 new) | 23 | | Sec. 2A-110. Fees. Disbursement of fees collected under | 24 | | this Chapter shall be as follows: | 25 | | (1) of the $20 fee for a driver's record, $11 shall be |
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| 1 | | paid into the Secretary of State Special Services Fund, | 2 | | and $6 shall be paid into the General Revenue Fund; | 3 | | (2) 50% of the amounts collected under this Chapter | 4 | | shall be paid into the General Revenue Fund; and | 5 | | (3) all remaining fees shall be disbursed under | 6 | | subsection (g) of Section 2-119 of this Code. | 7 | | (625 ILCS 5/2A-111 new) | 8 | | Sec. 2A-111. Commercial requesters; access agreements; | 9 | | electronic access; data security; procedural safeguards. | 10 | | (a) The Secretary may grant access to the electronic motor | 11 | | vehicle records as provided in this Section or Section 5-47 of | 12 | | the Anatomical Gift Act, for commercial use if the Secretary | 13 | | determines there is a legitimate business need to grant access | 14 | | and access is in the best interests of the State of Illinois. | 15 | | (b) The Secretary may limit the number of persons | 16 | | authorized to obtain direct electronic access and may | 17 | | restrict, or establish priority for, access to motor vehicle | 18 | | records as the Secretary deems necessary to avoid disruption | 19 | | to the Secretary's normal operations, or as the Secretary | 20 | | deems is in the best interests of the public. | 21 | | (c) A request for electronic access to motor vehicle | 22 | | records must be submitted in writing and include: | 23 | | (1) a signed and notarized certified statement of use | 24 | | that sets forth the purpose of the request and the | 25 | | specific information or type of information sought. If |
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| 1 | | personally identifying information is requested, the | 2 | | statement shall include the basis under which such | 3 | | information may be disclosed under the Driver's Privacy | 4 | | Protection Act, 18 U.S.C. 2721 et seq., and subsection (e) | 5 | | of Section 2A-108 or that the requester has obtained the | 6 | | consent of the person whose information has been requested | 7 | | and that the data will not be used for any other purpose; | 8 | | and | 9 | | (2) the requester's identity, including name, job | 10 | | title and business address, and the name and address of | 11 | | any organization associated with the request. | 12 | | (d) Every requester must execute an access agreement and | 13 | | agree to be responsible for: | 14 | | (1) obtaining and maintaining access to the Internet | 15 | | that is capable of Virtual Private Network (VPN) traffic | 16 | | and preventing unauthorized use, access, or misuse of the | 17 | | VPN; | 18 | | (2) ensuring that any technology used by the requester | 19 | | is compatible with Secretary of State technology; this | 20 | | includes, but is not limited to, VPN tunnels, firewalls, | 21 | | and routers; | 22 | | (3) maintaining security procedures in the requester's | 23 | | network and procedures deemed appropriate in the sole | 24 | | discretion of the Secretary; | 25 | | (4) maintaining reasonable measures in accordance with | 26 | | industry-recognized leading cybersecurity practices, |
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| 1 | | necessary to prevent the unauthorized uses, access, | 2 | | misuse, and disclosure of motor vehicle records and to | 3 | | prevent unauthorized persons or entities from obtaining, | 4 | | accessing, or using motor vehicle records; | 5 | | (5) providing quarterly written certifications through | 6 | | the duration of the access agreement confirming that the | 7 | | requester has no evidence or other reason to believe that | 8 | | the information systems have been breached or otherwise | 9 | | compromised in the preceding quarter; | 10 | | (6) providing the requester's latest Service | 11 | | Organization Control SOC 2, Type II report completed by a | 12 | | certified auditing agency, as well as any gap letters | 13 | | required to cover stated controls for the applicable | 14 | | annual period not to exceed 3 months, if required in the | 15 | | sole discretion of the Secretary; | 16 | | (7) providing to the Secretary the names, work | 17 | | addresses, and work phone numbers of all persons | 18 | | responsible for maintaining motor vehicle record files | 19 | | provided by the Secretary or otherwise executing the | 20 | | provisions of an access agreement on behalf of the | 21 | | requester. The names on the list are considered the users | 22 | | on behalf of the requester; | 23 | | (8) providing a written certification that Secretary | 24 | | of State motor vehicle records or any portion thereof | 25 | | shall not be transferred, nor accessed outside of the | 26 | | United States, electronically or otherwise; |
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| 1 | | (9) certifying that the requester adheres to the most | 2 | | current ISO NIST CSF or NIST Special Publication standards | 3 | | available; | 4 | | (10) agreeing to complete the Secretary of State | 5 | | security assessment, if required by the Secretary, prior | 6 | | to the execution of the access agreement; | 7 | | (11) certifying that no employee nor officer of the | 8 | | requester accessing motor vehicle records has been | 9 | | convicted of a felony, or that at least 5 years have passed | 10 | | since the completion of the sentence; | 11 | | (12) indemnifying and holding the Secretary of State | 12 | | harmless from any data breach or unauthorized use of data. | 13 | | (e) The Secretary may establish minimum security standards | 14 | | and technological requirements and any terms and conditions as | 15 | | he deems necessary for the agreement and the direct electronic | 16 | | access to motor vehicle records, including, but not limited | 17 | | to, requiring a comprehensive data security program and | 18 | | designing, implementing, and regular tests of its safeguards. | 19 | | If required by the Secretary of State, the requester shall be | 20 | | required to perform penetrative testing of its data security | 21 | | system at least semi-annually and shall promptly provide the | 22 | | results of the testing upon request by the Secretary. | 23 | | (f) An access agreement shall be for a term to be | 24 | | determined by the Secretary. | 25 | | (g) All users granted direct access are prohibited from | 26 | | any type of data mining or web mining of Secretary of State |
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| 1 | | data. Prohibited data mining or web mining includes, but is | 2 | | not limited to, use of website copying software, web data | 3 | | pre-processing, creation of web metrics and mathematical | 4 | | models, web log analysis, static and dynamic visitor | 5 | | profiling, intelligent information retrieval, hyperlink | 6 | | analysis, use of spider, crawl or both programs (vertical | 7 | | search engines), web usage mining, web structure mining, web | 8 | | content mining, data/information extraction, web information | 9 | | integration and schema matching, knowledge synthesis, | 10 | | segmenting, noise detection, use of topic-sensitive PageRank | 11 | | software, use of filtering techniques, meta-search engines, or | 12 | | any other type of automated search of information that goes | 13 | | beyond keyword extraction. Violation of this Section is | 14 | | considered a material breach and may result in termination of | 15 | | an access agreement and access to motor vehicle records. Data | 16 | | or web mining is further considered computer tampering under | 17 | | Section 17-51 of the Criminal Code of 2012. | 18 | | (h)(1) The requester shall properly and timely dispose of | 19 | | the materials containing personally identifiable information | 20 | | in a manner that renders the personal information unreadable | 21 | | and undecipherable, in accordance with the Personal | 22 | | Information Protection Act. | 23 | | (2) The requester shall not make any information from | 24 | | motor vehicle records available to other persons, firms, | 25 | | corporations, partnerships, members of the public, persons | 26 | | outside the employ or direct control of the requester, or |
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| 1 | | other entities without the prior express written consent of | 2 | | the Secretary, except as provided in an approved Certified | 3 | | Statement of Use(s). | 4 | | (3) A requester who sells or discloses any personally | 5 | | identifying information obtained from the Secretary in any | 6 | | manner allowed under the access agreement shall enter into a | 7 | | written agreement with the party receiving the personally | 8 | | identifying information that, at a minimum: | 9 | | (A) prohibits the redisclosure of the information; | 10 | | (B) sets forth the authorized use as provided in | 11 | | Section 2A-109 for which the receiving party acquired the | 12 | | information; | 13 | | (C) requires the person or entity receiving the | 14 | | personally identifying information to acknowledge the | 15 | | terms and conditions of the authorized recipient's access | 16 | | agreement with the Secretary of State and to be subject to | 17 | | the laws of the State of Illinois, including this Code; | 18 | | and | 19 | | (D) indemnifies and holds the Secretary of State | 20 | | harmless from any data breach or unauthorized use of data. | 21 | | (4) A requester who sells or discloses any personally | 22 | | identifying information obtained from the Secretary in any | 23 | | manner allowed under the access agreement shall maintain | 24 | | records of the redisclosure and the written agreement required | 25 | | by paragraph (5) of subsection (k) for a minimum of 5 years, | 26 | | The requester shall make the records available to the |
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| 1 | | Secretary within 5 days upon request of the Secretary. | 2 | | (5) The requester shall not sell or repackage any | 3 | | information from motor vehicle records under the name of the | 4 | | Secretary of State or use the State seal with respect to any | 5 | | data obtained through an access agreement. | 6 | | (6) The requester shall adhere to the Data Processing | 7 | | Confidentiality Act. The requester agrees not to use, sell, | 8 | | furnish, or otherwise make available any motor vehicle record | 9 | | accessed pursuant to an access agreement for any prohibited | 10 | | reason, including, but not limited to, commercial solicitation | 11 | | purposes, to contact individuals for advertising, offering for | 12 | | sale, marketing or sale of products or services; or | 13 | | identifying potential employees. A violation of this | 14 | | subsection shall result in the denial of information for a | 15 | | term of 5 years. | 16 | | (7) The requester shall carry insurance coverage in | 17 | | amounts sufficient to cover requester's potential liabilities | 18 | | arising out of the provision of services under an access | 19 | | agreement. The requester shall provide an insurance | 20 | | certificate naming the Secretary as an additional insured on | 21 | | the general liability, professional liability, and cyber | 22 | | liability coverages and shall provide the insurance | 23 | | certificates with evidence of additional insured status and | 24 | | all required coverages prior to the execution of additional | 25 | | insured status and all required coverages prior to the | 26 | | execution of the access agreement. Insurance shall not limit |
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| 1 | | the requester's obligations to indemnify, defend, or settle | 2 | | any and all claims. Requesters shall procure and maintain the | 3 | | following insurance coverage throughout the term of an access | 4 | | agreement and any renewals thereof: | 5 | | (A) professional liability (errors and omissions) | 6 | | insurance covering errors, omissions, or negligence in the | 7 | | provision of services under an access agreement with | 8 | | limits determined by the Secretary in an amount | 9 | | commiserate with the volume of records purchased by the | 10 | | requester and necessary to protect the constituents of the | 11 | | State of Illinois; | 12 | | (B) cyber liability or data/privacy protection | 13 | | insurance with limits determined by the Secretary in an | 14 | | amount commiserate with the volume of records purchased by | 15 | | the requester and necessary to protect the constituents of | 16 | | the State of Illinois. | 17 | | (i) The Secretary may require an agreement that a | 18 | | requester seeking to obtain motor vehicle records shall hold | 19 | | harmless and indemnify the Secretary for any money damages, | 20 | | criminal fines, civil penalties, court costs, and attorney's | 21 | | fees awarded to any person or entity by any state or federal | 22 | | court resulting from any disclosure by the requester or by any | 23 | | person to whom the requester provided information from a motor | 24 | | vehicle record that is contrary to state or federal law. | 25 | | (j) A breach of any provision contained within this | 26 | | Chapter or the access agreement may be deemed a material |
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| 1 | | breach of the access agreement and result in the immediate | 2 | | revocation of the access agreement. | 3 | | (k) The Secretary may terminate an access agreement | 4 | | immediately, if: | 5 | | (1) the requested information is used for a purpose | 6 | | other than the purpose identified in the written | 7 | | application or in violation of any provision of Section | 8 | | 2A-114; | 9 | | (2) the requester violates any provision of the access | 10 | | agreement; or | 11 | | (3) the requester violates any provision of this | 12 | | Chapter. | 13 | | (625 ILCS 5/2A-112 new) | 14 | | Sec. 2A-112. Random audit. The Secretary may, at any time, | 15 | | conduct a random audit of applications for access agreements, | 16 | | requests for information, or certified statements of use(s) | 17 | | submitted and processed pursuant to this Chapter to verify the | 18 | | authenticity of the documents and information submitted in | 19 | | support of those applications. | 20 | | Any person or entity receiving information from a motor | 21 | | vehicle record or electronic access to motor vehicle records | 22 | | pursuant to this Chapter shall have an affirmative duty to | 23 | | cooperate with the audit and provide any information or | 24 | | supporting documentation requested by the Secretary. |
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| 1 | | (625 ILCS 5/2A-113 new) | 2 | | Sec. 2A-113. Redisclosure. | 3 | | (a) If the Secretary discovers that personally identifying | 4 | | information from a motor vehicle record has been wrongfully | 5 | | disclosed by a requester, the requester shall notify the | 6 | | entity or person to whom the personally identifying | 7 | | information was wrongfully disclosed that the personally | 8 | | identifying information may not be used, resold, or | 9 | | redisclosed in any way and must be immediately destroyed. The | 10 | | Secretary shall notify the subject of the personally | 11 | | identifying information that the personally identifying | 12 | | information was wrongly disclosed. | 13 | | (b) A requester who has access to motor vehicle records | 14 | | and who rediscloses any personally identifying information | 15 | | connected with a motor vehicle record must notify each entity | 16 | | or person to whom the personally identifying information is | 17 | | redisclosed that the personally identifying information may | 18 | | not be further disclosed unless the redisclosure is authorized | 19 | | by the Driver's Privacy Protection Act and this Code. | 20 | | (625 ILCS 5/2A-114 new) | 21 | | Sec. 2A-114. Prohibitions and violations of this Chapter. | 22 | | (a) It is unlawful for any person to: | 23 | | (1) knowingly misrepresent the person's identity or to | 24 | | make a false statement to obtain any information | 25 | | associated with a motor vehicle record; |
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| 1 | | (2) knowingly disclose, sell, or otherwise provide | 2 | | personally identifying information from a motor vehicle | 3 | | record to any person who is not authorized under this | 4 | | Chapter to receive personally identifying information; | 5 | | (3) knowingly obtain or use a motor vehicle record for | 6 | | a reason other than authorized by this Code. | 7 | | (b) A violation of this Section is a Class A misdemeanor. | 8 | | Each unauthorized disclosure, unauthorized use, or false | 9 | | representation shall be a separate offense. | 10 | | (c) Except for willful or wanton misconduct, neither the | 11 | | Secretary nor the Secretary's departments or employees shall | 12 | | be civilly liable for any improper use or release of motor | 13 | | vehicle records to any person obtaining such records as | 14 | | provided in this Section. | 15 | | (d) Any person convicted of a violation of this Chapter | 16 | | shall be permanently barred from receiving motor vehicle | 17 | | records. | 18 | | (e) The Secretary shall forward any violations of this | 19 | | Chapter to the appropriate prosecuting authority for | 20 | | prosecution. | 21 | | (f) The Secretary may refuse to disclose data under this | 22 | | Chapter if the Secretary concludes that the requester is | 23 | | likely to use the data for a purpose not authorized by this | 24 | | Chapter. | 25 | | (625 ILCS 5/2A-115 new) |
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| 1 | | Sec. 2A-115. Data system security breach. Any person who | 2 | | has access to motor vehicle records who experiences a breach | 3 | | of the security of the data system as defined in this Chapter | 4 | | or has any reason to believe that Secretary of State data has | 5 | | been compromised must comply with the Personal Information | 6 | | Protection Act and provide the required notices to all persons | 7 | | whose personally identifying information has been exposed. If | 8 | | notices are not required by the Personal Information | 9 | | Protection Act, the Secretary of State may, at its discretion, | 10 | | require notice be sent to persons whose data was obtained in a | 11 | | data breach or by an unauthorized user. | 12 | | (625 ILCS 5/2A-116 new) | 13 | | Sec. 2A-116. Procedural safeguards to protect | 14 | | confidentiality. Any person who has access to personally | 15 | | identifying information from motor vehicle records shall | 16 | | establish procedures to protect the confidentiality of those | 17 | | records. If any personally identifying information is | 18 | | redisclosed as allowed by this Chapter, the person receiving | 19 | | the personally identifying information must also take all | 20 | | steps necessary to ensure confidentiality and to prevent the | 21 | | release of the personally identifying information. | 22 | | (625 ILCS 5/2A-117 new) | 23 | | Sec. 2A-117. Rules. The Secretary may adopt rules to | 24 | | administer and enforce this Chapter. |
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| 1 | | (625 ILCS 5/2-123 rep.) | 2 | | (625 ILCS 5/6-110.1 rep.) | 3 | | (625 ILCS 5/6-110.2 rep.) | 4 | | (625 ILCS 5/6-110.3 rep.) | 5 | | Section 10. The Illinois Vehicle Code is amended by | 6 | | repealing Sections 2-123, 6-110.1, 6-110.2, and 6-110.3. | | | | SB2978 Engrossed | - 36 - | LRB103 37104 MXP 67223 b |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 625 ILCS 5/1-100 | from Ch. 95 1/2, par. 1-100 | | 4 | | 625 ILCS 5/Ch. 2A heading | 5 | | new | | | 6 | | 625 ILCS 5/2A-101 new | | | 7 | | 625 ILCS 5/2A-102 new | | | 8 | | 625 ILCS 5/2A-103 new | | | 9 | | 625 ILCS 5/2A-104 new | | | 10 | | 625 ILCS 5/2A-105 new | | | 11 | | 625 ILCS 5/2A-106 new | | | 12 | | 625 ILCS 5/2A-107 new | | | 13 | | 625 ILCS 5/2A-108 new | | | 14 | | 625 ILCS 5/2A-109 new | | | 15 | | 625 ILCS 5/2A-110 new | | | 16 | | 625 ILCS 5/2A-111 new | | | 17 | | 625 ILCS 5/2A-112 new | | | 18 | | 625 ILCS 5/2A-113 new | | | 19 | | 625 ILCS 5/2A-114 new | | | 20 | | 625 ILCS 5/2A-115 new | | | 21 | | 625 ILCS 5/2A-116 new | | | 22 | | 625 ILCS 5/2A-117 new | | | 23 | | 625 ILCS 5/2-123 rep. | | | 24 | | 625 ILCS 5/6-110.1 rep. | | | 25 | | 625 ILCS 5/6-110.2 rep. | | |
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| 1 | | 625 ILCS 5/6-110.3 rep. | |
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