State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]

91_HB0069ham003

 










                                             LRB9100531DHpcam

 1                     AMENDMENT TO HOUSE BILL 69

 2        AMENDMENT NO.     .  Amend House Bill 69, AS AMENDED,  by
 3    replacing the title with the following:
 4        "AN  ACT  to  amend the Illinois Vehicle Code by changing
 5    Section 2-123."; and

 6    by replacing everything after the enacting  clause  with  the
 7    following:

 8        "Section  5.  The  Illinois  Vehicle  Code  is amended by
 9    changing Section 2-123 as follows:

10        (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
11        Sec. 2-123.  Sale and Distribution of Information.
12        (a)  Except as otherwise provided in  this  Section,  the
13    Secretary  may  make  the driver's license, vehicle and title
14    registration lists, in part or in whole, and any  statistical
15    information  derived  from  these  lists  available  to local
16    governments,  elected  state  officials,  state   educational
17    institutions,  public  libraries  and  all other governmental
18    units of the State and Federal Government requesting them for
19    governmental purposes. The Secretary shall require  any  such
20    applicant  for  services  to  pay for the costs of furnishing
21    such services and the use of the equipment involved,  and  in
 
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 1    addition is empowered to establish prices and charges for the
 2    services  so  furnished  and  for  the  use of the electronic
 3    equipment utilized.
 4        (b)  The Secretary is further empowered to and he may, in
 5    his discretion, furnish to any applicant, other  than  listed
 6    in  subsection (a) of this Section, vehicle or driver data on
 7    a computer tape, disk, or printout at a fixed fee of $200  in
 8    advance  and require in addition a further sufficient deposit
 9    based upon the Secretary of State's  estimate  of  the  total
10    cost  of  the  information  requested and a charge of $20 per
11    1,000 units or part thereof identified or  the  actual  cost,
12    whichever  is  greater. The Secretary is authorized to refund
13    any difference between the additional deposit and the  actual
14    cost of the request.  This service shall not be in lieu of an
15    abstract  of a driver's record nor of a title or registration
16    search.  The information sold  pursuant  to  this  subsection
17    shall  be  the  entire  vehicle  or driver data list, or part
18    thereof.
19        (c)  Secretary of State  may  issue  registration  lists.
20    The  Secretary  of  State shall compile and publish, at least
21    annually, a list of all registered vehicles.   Each  list  of
22    registered  vehicles  shall be arranged serially according to
23    the registration numbers assigned to registered vehicles  and
24    shall   contain  in  addition  the  names  and  addresses  of
25    registered owners and a brief  description  of  each  vehicle
26    including  the  serial  or  other identifying number thereof.
27    Such compilation may be in such form as in the discretion  of
28    the  Secretary  of  State  may  seem  best  for  the purposes
29    intended.
30        (d)  The Secretary of State shall furnish no more than  2
31    current available lists of such registrations to the sheriffs
32    of all counties and to the chiefs of police of all cities and
33    villages and towns of 2,000 population and over in this State
34    at no cost.  Additional copies may be purchased at the fee of
 
                            -3-              LRB9100531DHpcam
 1    $400  each or at the cost of producing the list as determined
 2    by the Secretary of State.
 3        (e)  The Secretary of State shall  upon  written  request
 4    and  the  payment  of  the  fee  of  $400 furnish the current
 5    available list of such motor  vehicle  registrations  to  any
 6    person  so long as the supply of available registration lists
 7    shall last.
 8        (e-1)  Commercial purchasers of driver and vehicle record
 9    databases shall enter  into  a  written  agreement  with  the
10    Secretary of State that includes disclosure of the commercial
11    use  of  the  intended  purchase.   Affected drivers, vehicle
12    owners, or registrants  may  request  that  their  personally
13    identifiable   information   not   be   used  for  commercial
14    solicitation purposes.
15        (e-2)  The Secretary of State may not knowingly  disclose
16    or  otherwise  make  available  to  any  person or entity for
17    commercial solicitation purposes a  photograph  or  digitally
18    produced and captured image of any individual obtained by the
19    Secretary  of  State's  office  in  connection  with  a motor
20    vehicle record.  "Commercial solicitation purposes" means the
21    use of a State database to contact individuals to  advertise,
22    offer  for  sale,  market, or sell products or services or to
23    identify potential employees.
24        (f)  Title  or  registration  search  and   certification
25    thereof  -  Fee. The Secretary of State shall make a title or
26    registration search of  the  records  of  his  office  and  a
27    written  report  on  the  same  for  any person, upon written
28    application of such person, accompanied by a fee  of  $4  for
29    each  registration  or title search.  No fee shall be charged
30    for a title or registration search, or for the  certification
31    thereof requested by a government agency.
32        The   Secretary   of  State  shall  certify  a  title  or
33    registration  record  upon  written  request.  The  fee   for
34    certification shall be $4 in addition to the fee required for
 
                            -4-              LRB9100531DHpcam
 1    a  title  or registration search. Certification shall be made
 2    under the signature of the Secretary of State  and  shall  be
 3    authenticated by Seal of the Secretary of State.
 4        The  Secretary  of  State may notify the vehicle owner or
 5    registrant of the  request  for  purchase  of  his  title  or
 6    registration information as the Secretary deems appropriate.
 7        The  vehicle  owner  or  registrant residence address and
 8    other personally identifiable information on the record shall
 9    not be disclosed.  This  nondisclosure  shall  not  apply  to
10    requests   made  by  law  enforcement  officials,  government
11    agencies,  financial   institutions,   attorneys,   insurers,
12    employers,  automobile  associated businesses, other business
13    entities for purposes consistent with  the  Illinois  Vehicle
14    Code,  the  vehicle owner or registrant, or other entities as
15    the Secretary  may  exempt  by  rule  and  regulation.   This
16    information  may  be withheld from the entities listed above,
17    except  law  enforcement   and   government   agencies   upon
18    presentation  of  a  valid  court order of protection for the
19    duration of the order.
20        No information shall be released to the  requestor  until
21    expiration  of a 10 day period.  This 10 day period shall not
22    apply to requests for information  made  by  law  enforcement
23    officials,   government   agencies,  financial  institutions,
24    attorneys,   insurers,   employers,   automobile   associated
25    businesses, persons licensed as a private detective or  firms
26    licensed  as  a  private  detective  agency under the Private
27    Detective, Private Alarm, and Private Security Act  of  1983,
28    who   are  employed  by  or  are  acting  on  behalf  of  law
29    enforcement   officials,   government   agencies,   financial
30    institutions,  attorneys,  insurers,  employers,   automobile
31    associated   businesses,  and  other  business  entities  for
32    purposes consistent  with  the  Illinois  Vehicle  Code,  the
33    vehicle   owner  or  registrant  or  other  entities  as  the
34    Secretary may exempt by rule and regulation.
 
                            -5-              LRB9100531DHpcam
 1        Any misrepresentation made by a  requestor  of  title  or
 2    vehicle  information  shall be punishable as a petty offense,
 3    except in the case of persons licensed as a private detective
 4    or firms licensed as a private detective agency  which  shall
 5    be  subject  to disciplinary sanctions under Section 22 or 25
 6    of the Private Detective, Private Alarm, and Private Security
 7    Act of 1983.
 8        (g) 1.  The Secretary of State may,  upon  receipt  of  a
 9        written request and a fee of $5, furnish to the person or
10        agency  so  requesting  a driver's record.  Such document
11        may  include  a  record  of:  current  driver's   license
12        issuance  information,  except  that  the  information on
13        judicial driving  permits  shall  be  available  only  as
14        otherwise  provided  by  this  Code;  convictions; orders
15        entered revoking, suspending  or  cancelling  a  driver's
16        license   or   privilege;   and   notations  of  accident
17        involvement.  All  other  information,  unless  otherwise
18        permitted by this Code, shall remain confidential.
19             2.  The  Secretary  of State may certify an abstract
20        of a  driver's  record  upon  written  request  therefor.
21        Such  certification  shall be made under the signature of
22        the Secretary of State and shall be authenticated by  the
23        Seal of his office.
24             3.  All  requests  for  driving  record  information
25        shall be made in a manner prescribed by the Secretary.
26             The  Secretary  of  State  may  notify  the affected
27        driver of the request for purchase of his driver's record
28        as the Secretary deems appropriate.
29             The affected  driver  residence  address  and  other
30        personally  identifiable  information on the record shall
31        not be disclosed.  This nondisclosure shall not apply  to
32        requests  made  by  law enforcement officials, government
33        agencies, financial  institutions,  attorneys,  insurers,
34        employers,   automobile   associated   businesses,  other
 
                            -6-              LRB9100531DHpcam
 1        business  entities  for  purposes  consistent  with   the
 2        Illinois  Vehicle  Code,  the  affected  driver, or other
 3        entities  as  the  Secretary  may  exempt  by  rule   and
 4        regulation.   This  information  may be withheld from the
 5        entities  listed  above,  except  law   enforcement   and
 6        government  agencies,  upon presentation of a valid court
 7        order of protection for the duration of the order.
 8             No information shall be released  to  the  requester
 9        until  expiration of a 10 day period.  This 10 day period
10        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
14        detective or firms licensed as a private detective agency
15        under  the  Private Detective, Private Alarm, and Private
16        Security Act of 1983, who are employed by or  are  acting
17        on   behalf  of  law  enforcement  officials,  government
18        agencies, financial  institutions,  attorneys,  insurers,
19        employers,  automobile  associated  businesses, and other
20        business  entities  for  purposes  consistent  with   the
21        Illinois  Vehicle  Code,  the  affected  driver  or other
22        entities  as  the  Secretary  may  exempt  by  rule   and
23        regulation.
24             Any  misrepresentation made by a requestor of driver
25        information shall  be  punishable  as  a  petty  offense,
26        except  in  the  case  of  persons  licensed as a private
27        detective or firms licensed as a private detective agency
28        which shall be subject to  disciplinary  sanctions  under
29        Section 22 or 25 of the Private Detective, Private Alarm,
30        and Private Security Act of 1983.
31             4.  The  Secretary of State may furnish without fee,
32        upon the written request of a law enforcement agency, any
33        information from a  driver's  record  on  file  with  the
34        Secretary  of  State when such information is required in
 
                            -7-              LRB9100531DHpcam
 1        the enforcement of this Code or any other law relating to
 2        the operation of motor  vehicles,  including  records  of
 3        dispositions; documented information involving the use of
 4        a   motor   vehicle;  whether  such  individual  has,  or
 5        previously had, a driver's license; and the  address  and
 6        personal   description  as  reflected  on  said  driver's
 7        record.
 8             5.  Except as otherwise provided  in  this  Section,
 9        the   Secretary   of  State  may  furnish,  without  fee,
10        information from an individual driver's record  on  file,
11        if  a written request therefor is submitted by any public
12        transit  system  or  authority,  public   defender,   law
13        enforcement  agency,  a  state  or  federal agency, or an
14        Illinois  local  intergovernmental  association,  if  the
15        request is for the  purpose  of  a  background  check  of
16        applicants  for employment with the requesting agency, or
17        for the purpose of an official investigation conducted by
18        the agency, or to determine a  current  address  for  the
19        driver  so  public  funds can be recovered or paid to the
20        driver, or for any other lawful purpose.
21             The Secretary may also furnish the courts a copy  of
22        an abstract of a driver's record, without fee, subsequent
23        to  an  arrest  for  a  violation  of Section 11-501 or a
24        similar provision of a local  ordinance.   Such  abstract
25        may   include   records   of   dispositions;   documented
26        information  involving  the  use  of  a  motor vehicle as
27        contained in the current file;  whether  such  individual
28        has,  or  previously  had,  a  driver's  license; and the
29        address and personal description  as  reflected  on  said
30        driver's record.
31             6.  Any  certified  abstract issued by the Secretary
32        of State or transmitted electronically by  the  Secretary
33        of  State  pursuant  to  this  Section,  to a court or on
34        request of a law enforcement agency, for the record of  a
 
                            -8-              LRB9100531DHpcam
 1        named  person  as  to the status of the person's driver's
 2        license shall  be  prima  facie  evidence  of  the  facts
 3        therein stated and if the name appearing in such abstract
 4        is  the  same as that of a person named in an information
 5        or warrant, such abstract shall be prima  facie  evidence
 6        that  the  person named in such information or warrant is
 7        the same person as the person named in such abstract  and
 8        shall  be  admissible for any prosecution under this Code
 9        and be admitted as proof of any prior conviction or proof
10        of records, notices, or  orders  recorded  on  individual
11        driving records maintained by the Secretary of State.
12             7.  Subject  to  any  restrictions  contained in the
13        Juvenile Court Act of 1987, and upon receipt of a  proper
14        request  and  a  fee  of $5, the Secretary of State shall
15        provide a driver's record to the affected driver, or  the
16        affected  driver's  attorney,  upon  verification.   Such
17        record  shall  contain all the information referred to in
18        paragraph 1 of this subsection  (g)  plus:  any  recorded
19        accident  involvement  as  a driver; information recorded
20        pursuant to subsection (e) of Section 6-117 and paragraph
21        4 of subsection (a) of Section 6-204 of this  Code.   All
22        other  information,  unless  otherwise  permitted by this
23        Code, shall remain confidential.
24        (h)  The Secretary shall  not  disclose  social  security
25    numbers  except pursuant to a written request by, or with the
26    prior written consent of, the individual except  to:  (1)  to
27    officers  and  employees  of the Secretary who have a need to
28    know the social security  numbers  in  performance  of  their
29    official  duties,  (2)  to  law  enforcement  officials for a
30    lawful, civil or criminal law enforcement investigation,  and
31    if  the head of the law enforcement agency has made a written
32    request to  the  Secretary  specifying  the  law  enforcement
33    investigation for which the social security numbers are being
34    sought,    (3)   to   the   United   States   Department   of
 
                            -9-              LRB9100531DHpcam
 1    Transportation,  or  any  other  State,   pursuant   to   the
 2    administration   and  enforcement  of  the  Commercial  Motor
 3    Vehicle Safety Act of 1986, (4)  pursuant to the order  of  a
 4    court  of competent jurisdiction, or (5) to the Department of
 5    Public Aid for utilization in the child  support  enforcement
 6    duties  assigned  to  that Department under provisions of the
 7    Public Aid Code after the individual  has  received  advanced
 8    meaningful notification of what redisclosure is sought by the
 9    Secretary   in  accordance  with  the  federal  Privacy  Act;
10    provided, the redisclosure shall not  be  authorized  by  the
11    Secretary prior to September 30, 1992.
12        (i)  The  Secretary  of  State is empowered to promulgate
13    rules and regulations to effectuate this Section.
14        (j)  Medical statements or medical  reports  received  in
15    the  Secretary  of  State's Office shall be confidential.  No
16    confidential information may be open to public inspection  or
17    the   contents  disclosed  to  anyone,  except  officers  and
18    employees of the Secretary  who  have  a  need  to  know  the
19    information  contained  in the medical reports and the Driver
20    License Medical Advisory Board,  unless  so  directed  by  an
21    order of a court of competent jurisdiction.
22        (k)  All  fees collected under this Section shall be paid
23    into the Road Fund of the State Treasury, except that  $3  of
24    the  $5  fee  for  a  driver's  record shall be paid into the
25    Secretary of State Special Services Fund.
26        (l)  The   Secretary   of   State   shall   report    his
27    recommendations  to  the General Assembly by January 1, 1993,
28    regarding the  sale  and  dissemination  of  the  information
29    maintained  by  the Secretary, including the sale of lists of
30    driver and vehicle records.
31        (m)  Notations  of  accident  involvement  that  may   be
32    disclosed  under  this  Section  shall  not include notations
33    relating to damage to  a  vehicle  or  other  property  being
34    transported  by  a  tow truck.  This information shall remain
 
                            -10-             LRB9100531DHpcam
 1    confidential, provided that nothing in  this  subsection  (m)
 2    shall  limit  disclosure  of  any  notification  of  accident
 3    involvement to any law enforcement agency or official.
 4        (n)  Requests   made  by  the  news  media  for  driver's
 5    license, vehicle, or title registration  information  may  be
 6    furnished   without   charge  or  at  a  reduced  charge,  as
 7    determined by the Secretary, when the  specific  purpose  for
 8    requesting  the  documents  is  deemed  to  be  in the public
 9    interest.  Waiver or reduction of the fee is  in  the  public
10    interest if the principal purpose of the request is to access
11    and disseminate information regarding the health, safety, and
12    welfare  or the legal rights of the general public and is not
13    for the principal purpose of gaining a personal or commercial
14    benefit.
15    (Source: P.A. 89-503,  eff.  7-1-96;  90-144,  eff.  7-23-97;
16    90-330,  eff.  8-8-97;  90-400,  eff.  8-15-97;  90-655, eff.
17    7-30-98; revised 1-30-99.)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.".

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