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Public Act 101-0326 | ||||
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AN ACT concerning the Secretary of State.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Identification Card Act is amended | ||||
by changing Sections 1A and 11 as follows: | ||||
(15 ILCS 335/1A) | ||||
Sec. 1A. Definitions. As used in this Act: | ||||
"Highly restricted personal information" means an | ||||
individual's photograph, signature, social security number, | ||||
and medical or disability information. | ||||
"Identification card making implement" means any material, | ||||
hardware, or software that is specifically designed for or | ||||
primarily used in the manufacture, assembly, issuance, or | ||||
authentication of an official identification card issued by the | ||||
Secretary of State. | ||||
"Fraudulent identification card" means any identification | ||||
card
that purports to be an official identification card for | ||||
which a computerized
number and file have not been created by | ||||
the Secretary of State, the United
States Government or any | ||||
state or political subdivision thereof, or any
governmental or | ||||
quasi-governmental organization. For the purpose of this
Act, | ||||
any identification card that resembles an official | ||||
identification
card in either size, color, photograph |
location, or design or uses the word
"official", "state", | ||
"Illinois", or the name of any other state or
political | ||
subdivision thereof, or any governmental or quasi-governmental
| ||
organization individually or in any combination
thereof to | ||
describe or modify the term "identification card" or "I.D. | ||
card"
anywhere on the card, or uses a shape in the likeness of | ||
Illinois
or any other state on the photograph side of
the card, | ||
is deemed to be a fraudulent identification card unless the | ||
words
"This is not an official Identification Card", appear | ||
prominently upon it in
black colored lettering in 12-point type | ||
on the photograph side of the card,
and no such card shall be | ||
smaller in size than 3 inches by 4 inches, and the
photograph | ||
shall be on the left side of the card only. | ||
"Legal name" means the full given name and surname of an | ||
individual as recorded at birth, recorded at marriage, or | ||
deemed as the correct legal name for use in reporting income by | ||
the Social Security Administration or the name as otherwise | ||
established through legal action that appears on the associated | ||
official document presented to the Secretary of State. | ||
"Personally identifying information" means information | ||
that identifies an individual, including his or her | ||
identification card number, name, address (but not the 5-digit | ||
zip code), date of birth, height, weight, hair color, eye | ||
color, email address, and telephone number.
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"Homeless person" or "homeless individual" has the same | ||
meaning as defined by the federal McKinney-Vento Homeless |
Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). | ||
"Youth for whom the Department of Children and Family | ||
Services is legally responsible" or "foster child" means a | ||
child or youth whose guardianship or custody has been accepted | ||
by the Department of Children and Family Services pursuant to | ||
the Juvenile Court Act of 1987, the Children and Family | ||
Services Act, the Abused and Neglected Child Reporting Act, and | ||
the Adoption Act. This applies to children for whom the | ||
Department of Children and Family Services has temporary | ||
protective custody, custody or guardianship via court order, or | ||
children whose parents have signed an adoptive surrender or | ||
voluntary placement agreement with the Department. | ||
"REAL ID compliant identification card" means a standard | ||
Illinois Identification Card or Illinois Person with a | ||
Disability Identification Card issued in compliance with the | ||
REAL ID Act and implementing regulations. REAL ID compliant | ||
identification cards shall bear a security marking approved by | ||
the United States Department of Homeland Security. | ||
"Non-compliant identification card" means a standard | ||
Illinois Identification Card or Illinois Person with a | ||
Disability Identification Card issued in a manner which is not | ||
compliant with the REAL ID Act and implementing regulations. | ||
Non-compliant identification cards shall be marked "Not for | ||
Federal Identification" and shall have a color or design | ||
different from the REAL ID compliant identification card. | ||
"Limited Term REAL ID compliant identification card" means |
a REAL ID compliant identification card issued to persons who | ||
are not permanent residents or citizens of the United States, | ||
and marked "Limited Term" on the face of the card. | ||
(Source: P.A. 99-659, eff. 7-28-17; 100-201, eff. 8-18-17; | ||
100-248, eff. 8-22-17.)
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(15 ILCS 335/11) (from Ch. 124, par. 31)
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Sec. 11. Records. | ||
(a) The Secretary may make a search of his records and | ||
furnish
information as to whether a person has a current | ||
Standard Illinois
Identification Card or an Illinois Person | ||
with a Disability Identification Card then on
file, upon | ||
receipt of a written application therefor accompanied with the
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prescribed fee. However, the Secretary may not disclose medical
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information concerning an individual to any person, public | ||
agency, private
agency, corporation or governmental body | ||
unless the individual has
submitted a written request for the | ||
information or unless the individual
has given prior written | ||
consent for the release of the information to a
specific person | ||
or entity. This exception shall not apply to: (1) offices
and | ||
employees of the Secretary who have a need to know the medical
| ||
information in performance of their official duties, or (2) | ||
orders of a
court of competent jurisdiction. When medical | ||
information is disclosed by
the Secretary in accordance with | ||
the provisions of this Section, no
liability shall rest with | ||
the Office of the Secretary of State as the
information is |
released for informational purposes only. | ||
(b) The Secretary may release personally identifying | ||
information or highly restricted personal information only to: | ||
(1) officers and employees of the Secretary who have a | ||
need to know that information for issuance of driver's | ||
licenses, permits, or identification cards and | ||
investigation of fraud or misconduct ; | ||
(2) other governmental agencies for use in their | ||
official governmental functions; | ||
(3) law enforcement agencies that need the information | ||
for a criminal or civil investigation; | ||
(3-5) the State Board of Elections for the purpose of | ||
providing the signatures required by a local election | ||
authority to register a voter through an online voter | ||
registration system or as may be required by an agreement | ||
the State Board of Elections has entered into with a | ||
multi-state voter registration list maintenance system; or | ||
(4) any entity that the Secretary has authorized, by | ||
rule , to receive this information . | ||
(c) The Secretary may release highly restricted personal | ||
information only to: | ||
(1) officers and employees of the Secretary who have a | ||
need to access the information for the issuance of driver's | ||
licenses, permits, or identification cards and | ||
investigation of fraud or misconduct; | ||
(2) law enforcement officials for a criminal or civil |
law enforcement investigation; | ||
(3) the State Board of Elections for the purpose of | ||
providing the signature for completion of voter | ||
registration; or | ||
(4) any other entity the Secretary has authorized by | ||
rule. | ||
(d) Documents required to be submitted with an application | ||
for an identification card to prove the applicant's identity | ||
(name and date of birth), social security number, written | ||
signature, residency, and, as applicable, proof of lawful | ||
status shall be confidential and shall not be disclosed except | ||
to the following persons: | ||
(1) the individual to whom the identification card was | ||
issued, upon written request; | ||
(2) officers and employees of the Secretary of State | ||
who have a need to have access to the stored images for | ||
purposes of issuing and controlling driver's licenses, | ||
permits, or identification cards and investigation of | ||
fraud or misconduct; | ||
(3) law enforcement officials for a civil or criminal | ||
law enforcement investigation; | ||
(4) other entities that the Secretary may authorize by | ||
rule. | ||
(e) The Secretary may not disclose an individual's social | ||
security number or any associated information obtained from the | ||
Social Security Administration without the written request or |
consent of the individual except: (i) to officers and employees | ||
of the Secretary who have a need to know the social security | ||
number in the performance of their official duties; (ii) to law | ||
enforcement officials for a lawful civil or criminal law | ||
enforcement investigation if an officer the head of the law | ||
enforcement agency has made a written request to the Secretary | ||
specifying the law enforcement investigation for which the | ||
social security number is being sought; (iii) under a lawful | ||
court order signed by a judge; or (iv) to the Illinois | ||
Department of Veterans' Affairs for the purpose of confirming | ||
veteran status to agencies in other states responsible for the | ||
issuance of state identification cards for participation in | ||
State-to-State verification service; or (v) the last 4 digits | ||
to the Illinois State Board of Elections for purposes of voter | ||
registration and as may be required pursuant to an agreement | ||
for a multi-state voter registration list maintenance system. | ||
The Secretary retains the right to require additional | ||
verification regarding the validity of a request from law | ||
enforcement. If social security information is disclosed by the | ||
Secretary in accordance with this Section, no liability shall | ||
rest with the Office of the Secretary of State or any of its | ||
officers or employees, as the information is released for | ||
official purposes only .
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(Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13; | ||
98-115, eff. 7-29-13; 98-463, eff. 8-16-13; 98-1171, eff. | ||
6-1-15 .)
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Section 10. The Illinois Vehicle Code is amended by | ||
changing Sections 1-159.2, 2-123, and 6-110.1 and by adding | ||
Section 6-110.2 as follows: | ||
(625 ILCS 5/1-159.2)
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Sec. 1-159.2. Personally identifying information. | ||
Information that
identifies an individual, including his or her | ||
driver's license driver identification number, name, address | ||
(but not the 5 digit zip
code), date of birth, height, weight, | ||
hair color, eye color, email address, and
telephone number, but
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"personally
identifying information" does not include | ||
information on vehicular accidents,
driving violations, and | ||
driver's status.
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(Source: P.A. 92-32, eff. 7-1-01; 93-895, eff. 1-1-05.)
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(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
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Sec. 2-123. Sale and distribution of information.
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(a) Except as otherwise provided in this Section, the | ||
Secretary may make the
driver's license, vehicle and title | ||
registration lists, in part or in whole,
and any statistical | ||
information derived from these lists available to local
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governments, elected state officials, state educational | ||
institutions, and all
other governmental units of the State and | ||
Federal
Government
requesting them for governmental purposes. | ||
The Secretary shall require any such
applicant for services to |
pay for the costs of furnishing such services and the
use of | ||
the equipment involved, and in addition is empowered to | ||
establish prices
and charges for the services so furnished and | ||
for the use of the electronic
equipment utilized.
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(b) The Secretary is further empowered to and he may, in | ||
his discretion,
furnish to any applicant, other than listed in | ||
subsection (a) of this Section,
vehicle or driver data on a | ||
computer tape, disk, other electronic format or
computer | ||
processable medium, or printout at a fixed fee of
$250 for | ||
orders received before October 1, 2003 and $500 for orders | ||
received
on or after October 1, 2003, in advance, and require | ||
in addition a
further sufficient
deposit based upon the | ||
Secretary of State's estimate of the total cost of the
| ||
information requested and a charge of $25 for orders received | ||
before October
1, 2003 and $50 for orders received on or after | ||
October 1, 2003, per 1,000
units or part
thereof identified or | ||
the actual cost, whichever is greater. The Secretary is
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authorized to refund any difference between the additional | ||
deposit and the
actual cost of the request. This service shall | ||
not be in lieu of an abstract
of a driver's record nor of a | ||
title or registration search. This service may
be limited to | ||
entities purchasing a minimum number of records as required by
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administrative rule. The information
sold pursuant to this | ||
subsection shall be the entire vehicle or driver data
list, or | ||
part thereof. The information sold pursuant to this subsection
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shall not contain personally identifying information unless |
the information is
to be used for one of the purposes | ||
identified in subsection (f-5) of this
Section. Commercial | ||
purchasers of driver and vehicle record databases shall
enter | ||
into a written agreement with the Secretary of State that | ||
includes
disclosure of the commercial use of the information to | ||
be purchased. | ||
(b-1) The Secretary is further empowered to and may, in his | ||
or her discretion, furnish vehicle or driver data on a computer | ||
tape, disk, or other electronic format or computer processible | ||
medium, at no fee, to any State or local governmental agency | ||
that uses the information provided by the Secretary to transmit | ||
data back to the Secretary that enables the Secretary to | ||
maintain accurate driving records, including dispositions of | ||
traffic cases. This information may be provided without fee not | ||
more often than once every 6 months.
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(c) Secretary of State may issue registration lists. The | ||
Secretary
of State may compile a list of all registered
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vehicles. Each list of registered vehicles shall be arranged | ||
serially
according to the registration numbers assigned to | ||
registered vehicles and
may contain in addition the names and | ||
addresses of registered owners and
a brief description of each | ||
vehicle including the serial or other
identifying number | ||
thereof. Such compilation may be in such form as in the
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discretion of the Secretary of State may seem best for the | ||
purposes intended.
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(d) The Secretary of State shall furnish no more than 2 |
current available
lists of such registrations to the sheriffs | ||
of all counties and to the chiefs
of police of all cities and | ||
villages and towns of 2,000 population and over
in this State | ||
at no cost. Additional copies may be purchased by the sheriffs
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or chiefs of police at the fee
of $500 each or at the cost of | ||
producing the list as determined
by the Secretary of State. | ||
Such lists are to be used for governmental
purposes only.
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(e) (Blank).
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(e-1) (Blank).
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(f) The Secretary of State shall make a title or | ||
registration search of the
records of his office and a written | ||
report on the same for any person, upon
written application of | ||
such person, accompanied by a fee of $5 for
each registration | ||
or title search. The written application shall set forth
the | ||
intended use of the requested information. No fee shall be | ||
charged for a
title or
registration search, or for the | ||
certification thereof requested by a government
agency. The | ||
report of the title or registration search shall not contain
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personally identifying information unless the request for a | ||
search was made for
one of the purposes identified in | ||
subsection (f-5) of this Section. The report of the title or | ||
registration search shall not contain highly
restricted | ||
personal
information unless specifically authorized by this | ||
Code.
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The Secretary of State shall certify a title or | ||
registration record upon
written request. The fee for |
certification shall be $5 in addition
to the fee required for a | ||
title or registration search. Certification shall
be made under | ||
the signature of the Secretary of State and shall be
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authenticated by Seal of the Secretary of State.
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The Secretary of State may notify the vehicle owner or | ||
registrant of
the request for purchase of his title or | ||
registration information as the
Secretary deems appropriate.
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No information shall be released to the requester requestor | ||
until expiration of a 10-day
10 day period. This 10-day 10 day | ||
period shall not apply to requests for
information made by law | ||
enforcement officials, government agencies,
financial | ||
institutions, attorneys, insurers, employers, automobile
| ||
associated businesses, persons licensed as a private detective | ||
or firms
licensed as a private detective agency under the | ||
Private Detective, Private
Alarm, Private Security, | ||
Fingerprint Vendor, and Locksmith Act of 2004, who are employed | ||
by or are
acting on
behalf of law enforcement officials, | ||
government agencies, financial
institutions, attorneys, | ||
insurers, employers, automobile associated businesses,
and | ||
other business entities for purposes consistent with the | ||
Illinois Vehicle
Code, the vehicle owner or registrant or other | ||
entities as the Secretary may
exempt by rule and regulation.
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Any misrepresentation made by a requester requestor of | ||
title or vehicle information
shall be punishable as a petty | ||
offense, except in the case of persons
licensed as a private | ||
detective or firms licensed as a private detective agency
which |
shall be subject to disciplinary sanctions under Section 40-10 | ||
of the
Private Detective, Private Alarm, Private Security, | ||
Fingerprint Vendor, and Locksmith Act of 2004.
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(f-5) The Secretary of State shall not disclose or | ||
otherwise make
available to
any person or entity any personally | ||
identifying information obtained by the
Secretary
of State in | ||
connection with a driver's license, vehicle, or title | ||
registration
record
unless the information is disclosed for one | ||
of the following purposes:
| ||
(1) For use by any government agency, including any | ||
court or law
enforcement agency, in carrying out its | ||
functions, or any private person or
entity acting on behalf | ||
of a federal, State, or local agency in carrying out
its
| ||
functions.
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(2) For use in connection with matters of motor vehicle | ||
or driver safety
and theft; motor vehicle emissions; motor | ||
vehicle product alterations, recalls,
or advisories; | ||
performance monitoring of motor vehicles, motor vehicle | ||
parts,
and dealers; and removal of non-owner records from | ||
the original owner
records of motor vehicle manufacturers.
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(3) For use in the normal course of business by a | ||
legitimate business or
its agents, employees, or | ||
contractors, but only:
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(A) to verify the accuracy of personal information | ||
submitted by
an individual to the business or its | ||
agents, employees, or contractors;
and
|
(B) if such information as so submitted is not | ||
correct or is no
longer correct, to obtain the correct | ||
information, but only for the
purposes of preventing | ||
fraud by, pursuing legal remedies against, or
| ||
recovering on a debt or security interest against, the | ||
individual.
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(4) For use in research activities and for use in | ||
producing statistical
reports, if the personally | ||
identifying information is not published,
redisclosed, or | ||
used to
contact individuals.
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(5) For use in connection with any civil, criminal, | ||
administrative, or
arbitral proceeding in any federal, | ||
State, or local court or agency or before
any
| ||
self-regulatory body, including the service of process, | ||
investigation in
anticipation of litigation, and the | ||
execution or enforcement of judgments and
orders, or | ||
pursuant to an order of a federal, State, or local court.
| ||
(6) For use by any insurer or insurance support | ||
organization or by a
self-insured entity or its agents, | ||
employees, or contractors in connection with
claims | ||
investigation activities, antifraud activities, rating, or | ||
underwriting.
| ||
(7) For use in providing notice to the owners of towed | ||
or
impounded vehicles.
| ||
(8) For use by any person licensed as a private | ||
detective or firm licensed as a private
detective agency |
under
the Private Detective, Private Alarm, Private | ||
Security, Fingerprint Vendor, and Locksmith Act of
2004, | ||
private investigative agency or security service
licensed | ||
in Illinois for any purpose permitted under this | ||
subsection.
| ||
(9) For use by an employer or its agent or insurer to | ||
obtain or verify
information relating to a holder of a | ||
commercial driver's license that is
required under chapter | ||
313 of title 49 of the United States Code.
| ||
(10) For use in connection with the operation of | ||
private toll
transportation facilities.
| ||
(11) For use by any requester, if the requester | ||
demonstrates it has
obtained the written consent of the | ||
individual to whom the information
pertains.
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(12) For use by members of the news media, as defined | ||
in
Section 1-148.5, for the purpose of newsgathering when | ||
the request relates to
the
operation of a motor vehicle or | ||
public safety.
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(13) For any other use specifically authorized by law, | ||
if that use is
related to the operation of a motor vehicle | ||
or public safety. | ||
(f-6) The Secretary of State shall not disclose or | ||
otherwise make
available to any
person or entity any highly | ||
restricted personal information obtained by the
Secretary of
| ||
State in connection with a driver's license, vehicle, or
title | ||
registration
record unless
specifically authorized by this |
Code.
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(g) 1. The Secretary of State may, upon receipt of a | ||
written request
and a fee as set forth in Section 6-118, | ||
furnish to the person or agency so requesting a
driver's record | ||
or data contained therein. Such document may include a record | ||
of: current driver's
license issuance information, except that | ||
the information on judicial driving
permits shall be available | ||
only as otherwise provided by this Code;
convictions; orders | ||
entered revoking, suspending or cancelling a
driver's
license | ||
or privilege; and notations of accident involvement. All other
| ||
information, unless otherwise permitted by
this Code, shall | ||
remain confidential. Information released pursuant to a
| ||
request for a driver's record shall not contain personally | ||
identifying
information, unless the request for the driver's | ||
record was made for one of the
purposes set forth in subsection | ||
(f-5) of this Section. The Secretary of State may, without fee, | ||
allow a parent or guardian of a person under the age of 18 | ||
years, who holds an instruction permit or graduated driver's | ||
license, to view that person's driving record online, through a | ||
computer connection.
The parent or guardian's online access to | ||
the driving record will terminate when the instruction permit | ||
or graduated driver's license holder reaches the age of 18.
| ||
2. The Secretary of State shall not disclose or otherwise | ||
make available
to any
person or
entity any highly restricted | ||
personal information obtained by the Secretary of
State in
| ||
connection with a driver's license, vehicle, or title
|
registration record
unless specifically
authorized by this | ||
Code. The Secretary of State may certify an abstract of a | ||
driver's record
upon written request therefor. Such | ||
certification
shall be made under the signature of the | ||
Secretary of State and shall be
authenticated by the Seal of | ||
his office.
| ||
3. All requests for driving record information shall be | ||
made in a manner
prescribed by the Secretary and shall set | ||
forth the intended use of the
requested information.
| ||
The Secretary of State may notify the affected driver of | ||
the request
for purchase of his driver's record as the | ||
Secretary deems appropriate.
| ||
No information shall be released to the requester until | ||
expiration of a 10-day
10 day period. This 10-day 10 day period | ||
shall not apply to requests for information
made by law | ||
enforcement officials, government agencies, financial | ||
institutions,
attorneys, insurers, employers, automobile | ||
associated businesses, persons
licensed as a private detective | ||
or firms licensed as a private detective agency
under the | ||
Private Detective, Private Alarm, Private Security, | ||
Fingerprint Vendor, and Locksmith Act
of 2004,
who are employed | ||
by or are acting on behalf of law enforcement officials,
| ||
government agencies, financial institutions, attorneys, | ||
insurers, employers,
automobile associated businesses, and | ||
other business entities for purposes
consistent with the | ||
Illinois Vehicle Code, the affected driver or other
entities as |
the Secretary may exempt by rule and regulation.
| ||
Any misrepresentation made by a requester requestor of | ||
driver information shall
be punishable as a petty offense, | ||
except in the case of persons licensed as
a private detective | ||
or firms licensed as a private detective agency which shall
be | ||
subject to disciplinary sanctions under Section 40-10 of the | ||
Private
Detective, Private Alarm, Private Security, | ||
Fingerprint Vendor, and Locksmith Act of 2004.
| ||
4. The Secretary of State may furnish without fee, upon the | ||
written
request of a law enforcement agency, any information | ||
from a driver's
record on file with the Secretary of State when | ||
such information is required
in the enforcement of this Code or | ||
any other law relating to the operation
of motor vehicles, | ||
including records of dispositions; documented
information | ||
involving the use of a motor vehicle; whether such individual
| ||
has, or previously had, a driver's license; and the address and | ||
personal
description as reflected on said driver's record.
| ||
5. Except as otherwise provided in this Section, the | ||
Secretary of
State may furnish, without fee, information from | ||
an individual driver's
record on file, if a written request | ||
therefor is submitted
by any public transit system or | ||
authority, public defender, law enforcement
agency, a state or | ||
federal agency, or an Illinois local intergovernmental
| ||
association, if the request is for the purpose of a background | ||
check of
applicants for employment with the requesting agency, | ||
or for the purpose of
an official investigation conducted by |
the agency, or to determine a
current address for the driver so | ||
public funds can be recovered or paid to
the driver, or for any | ||
other purpose set forth in subsection (f-5)
of this Section.
| ||
The Secretary may also furnish the courts a copy of an | ||
abstract of a
driver's record, without fee, subsequent to an | ||
arrest for a violation of
Section 11-501 or a similar provision | ||
of a local ordinance. Such abstract
may include records of | ||
dispositions; documented information involving
the use of a | ||
motor vehicle as contained in the current file; whether such
| ||
individual has, or previously had, a driver's license; and the | ||
address and
personal description as reflected on said driver's | ||
record.
| ||
6. Any certified abstract issued by the Secretary of State | ||
or
transmitted electronically by the Secretary of State | ||
pursuant to this
Section,
to a court or on request of a law | ||
enforcement agency, for the record of a
named person as to the | ||
status of the person's driver's license shall be
prima facie | ||
evidence of the facts therein stated and if the name appearing
| ||
in such abstract is the same as that of a person named in an | ||
information or
warrant, such abstract shall be prima facie | ||
evidence that the person named
in such information or warrant | ||
is the same person as the person named in
such abstract and | ||
shall be admissible for any prosecution under this Code and
be | ||
admitted as proof of any prior conviction or proof of records, | ||
notices, or
orders recorded on individual driving records | ||
maintained by the Secretary of
State.
|
7. Subject to any restrictions contained in the Juvenile | ||
Court Act of
1987, and upon receipt of a proper request and a | ||
fee as set forth in Section 6-118, the
Secretary of
State shall | ||
provide a driver's record or data contained therein to the | ||
affected driver, or the affected
driver's attorney, upon | ||
verification. Such record shall contain all the
information | ||
referred to in paragraph 1 of this subsection (g) plus: any
| ||
recorded accident involvement as a driver; information | ||
recorded pursuant to
subsection (e) of Section 6-117 and | ||
paragraph (4) of subsection (a) of
Section 6-204 of this Code. | ||
All other information, unless otherwise permitted
by this Code, | ||
shall remain confidential.
| ||
(h) The Secretary shall not disclose social security | ||
numbers or any associated information obtained from the Social | ||
Security Administration except pursuant
to a written request | ||
by, or with the prior written consent of, the
individual | ||
except: (1) to officers and employees of the Secretary
who
have | ||
a need to know the social security numbers in performance of | ||
their
official duties, (2) to law enforcement officials for a | ||
lawful, civil or
criminal law enforcement investigation, and if | ||
an officer the head of the law enforcement
agency has made a | ||
written request to the Secretary specifying the law
enforcement | ||
investigation for which the social security numbers are being
| ||
sought, though the Secretary retains the right to require | ||
additional verification regarding the validity of the request, | ||
(3) to the United States Department of Transportation, or any |
other
State, pursuant to the administration and enforcement of | ||
the Commercial
Motor Vehicle Safety Act of 1986 or | ||
participation in State-to-State verification service , (4) | ||
pursuant to the order of a court
of competent jurisdiction, (5) | ||
to the Department of Healthcare and Family Services (formerly | ||
Department of Public Aid) for
utilization
in the child support | ||
enforcement duties assigned to that Department under
| ||
provisions of the Illinois Public Aid Code after the individual | ||
has received advanced
meaningful notification of what | ||
redisclosure is sought by the Secretary in
accordance with the | ||
federal Privacy Act, (5.5) to the Department of Healthcare and | ||
Family Services and the Department of Human Services solely for | ||
the purpose of verifying Illinois residency where such | ||
residency is an eligibility requirement for benefits under the | ||
Illinois Public Aid Code or any other health benefit program | ||
administered by the Department of Healthcare and Family | ||
Services or the Department of Human Services, (6) to the | ||
Illinois Department of Revenue solely for use by the Department | ||
in the collection of any tax or debt that the Department of | ||
Revenue is authorized or required by law to collect, provided | ||
that the Department shall not disclose the social security | ||
number to any person or entity outside of the Department, or | ||
(7) to the Illinois Department of Veterans' Affairs for the | ||
purpose of confirming veteran status , or (8) the last 4 digits | ||
to the Illinois State Board of Elections for purposes of voter | ||
registration and as may be required pursuant to an agreement |
for a multi-state voter registration list maintenance system. | ||
If social security information is disclosed by the Secretary in | ||
accordance with this Section, no liability shall rest with the | ||
Office of the Secretary of State or any of its officers or | ||
employees, as the information is released for official purposes | ||
only .
| ||
(i) (Blank).
| ||
(j) Medical statements or medical reports received in the | ||
Secretary of
State's Office shall be confidential. Except as | ||
provided in this Section, no confidential information may be
| ||
open to public inspection or the contents disclosed to anyone, | ||
except
officers and employees of the Secretary who have a need | ||
to know the information
contained in the medical reports and | ||
the Driver License Medical Advisory
Board, unless so directed | ||
by an order of a court of competent jurisdiction. If the | ||
Secretary receives a medical report regarding a driver that | ||
does not address a medical condition contained in a previous | ||
medical report, the Secretary may disclose the unaddressed | ||
medical condition to the driver or his or her physician, or | ||
both, solely for the purpose of submission of a medical report | ||
that addresses the condition.
| ||
(k) Disbursement of fees collected under this Section shall | ||
be as follows: (1) of the $12 fee for a driver's record, $3 | ||
shall be paid into the Secretary of State Special Services | ||
Fund, and $6 shall be paid into the General Revenue Fund; (2) | ||
50% of the amounts collected under subsection (b) shall be paid |
into the General Revenue Fund; and (3) all remaining fees shall | ||
be disbursed under subsection (g) of Section 2-119 of this | ||
Code.
| ||
(l) (Blank).
| ||
(m) Notations of accident involvement that may be disclosed | ||
under this
Section shall not include notations relating to | ||
damage to a vehicle or other
property being transported by a | ||
tow truck. This information shall remain
confidential, | ||
provided that nothing in this subsection (m) shall limit
| ||
disclosure of any notification of accident involvement to any | ||
law enforcement
agency or official.
| ||
(n) Requests made by the news media for driver's license, | ||
vehicle, or
title registration information may be furnished | ||
without charge or at a reduced
charge, as determined by the | ||
Secretary, when the specific purpose for
requesting the | ||
documents is deemed to be in the public interest. Waiver or
| ||
reduction of the fee is in the public interest if the principal | ||
purpose of the
request is to access and disseminate information | ||
regarding the health, safety,
and welfare or the legal rights | ||
of the general public and is not for the
principal purpose of | ||
gaining a personal or commercial benefit.
The information | ||
provided pursuant to this subsection shall not contain
| ||
personally identifying information unless the information is | ||
to be used for one
of the
purposes identified in subsection | ||
(f-5) of this Section.
| ||
(o) The redisclosure of personally identifying information
|
obtained
pursuant
to this Section is prohibited, except to the | ||
extent necessary to effectuate the
purpose
for which the | ||
original disclosure of the information was permitted.
| ||
(p) The Secretary of State is empowered to adopt rules
to
| ||
effectuate this Section.
| ||
(Source: P.A. 99-127, eff. 1-1-16; 100-590, eff. 6-8-18; | ||
revised 10-11-18.)
| ||
(625 ILCS 5/6-110.1)
| ||
Sec. 6-110.1. Confidentiality of captured photographs or | ||
images. The
Secretary of State shall maintain a file on or | ||
contract to file all photographs
and signatures obtained in the | ||
process of issuing a driver's license, permit,
or | ||
identification card. The photographs and signatures shall be | ||
confidential
and shall not be disclosed except to the following | ||
persons:
| ||
(1) the individual upon written request;
| ||
(2) officers and employees of the Secretary of State | ||
who have a need
to have access to the stored images for | ||
purposes of issuing and controlling
driver's licenses, | ||
permits, or identification cards and investigation of | ||
fraud or misconduct ;
| ||
(3) law enforcement officials for a lawful civil or | ||
criminal
law enforcement investigation;
| ||
(3-5) the State Board of Elections for the sole purpose | ||
of providing the signatures required by a local election |
authority to register a voter through an online voter | ||
registration system; | ||
(3-10) officers and employees of the Secretary of State | ||
who have a need to have access to the stored images for | ||
purposes of issuing and controlling notary public | ||
commissions and for the purpose of providing the signatures | ||
required to process online applications for appointment | ||
and commission as notaries public; or | ||
(4) other entities that the Secretary may authorize | ||
exempt by rule.
| ||
(Source: P.A. 98-115, eff. 7-29-13; 99-112, eff. 1-1-16 .)
| ||
(625 ILCS 5/6-110.2 new) | ||
Sec. 6-110.2. Confidentiality of documents submitted with | ||
an application for a driver's license. Documents required to be | ||
submitted with an application for a driver's license to prove | ||
the applicant's identity (name and date of birth), social | ||
security number, written signature, residency, and, as | ||
applicable, proof of lawful status shall be confidential and | ||
shall not be disclosed except to the following persons: | ||
(1) the individual to whom the driver's license or | ||
permit was issued, upon written request; | ||
(2) officers and employees of the Secretary of State | ||
who have a need to have access to the stored images for | ||
purposes of issuing and controlling driver's licenses, | ||
permits, or identification cards and investigation of |
fraud or misconduct; | ||||||||||||||||||||||||||||||
(3) law enforcement officials for a civil or criminal | ||||||||||||||||||||||||||||||
law enforcement investigation; | ||||||||||||||||||||||||||||||
(4) other entities that the Secretary may authorize by | ||||||||||||||||||||||||||||||
rule.
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Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||
becoming law.
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