Public Act 90-0144 of the 90th General Assembly
Public Act 90-0144
HB0274 Enrolled LRB9000456DPcc
AN ACT concerning disclosure of information, amending
named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies
shall be open to the public unless excepted in subsection (c)
and closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings
to consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body, including hearing testimony
on a complaint lodged against an employee to determine
its validity.
(2) Collective negotiating matters between the
public body and its employees or their representatives,
or deliberations concerning salary schedules for one or
more classes of employees.
(3) The selection of a person to fill a public
office, as defined in this Act, including a vacancy in a
public office, when the public body is given power to
appoint under law or ordinance, or the discipline,
performance or removal of the occupant of a public
office, when the public body is given power to remove the
occupant under law or ordinance.
(4) Evidence or testimony presented in open
hearing, or in closed hearing where specifically
authorized by law, to a quasi-adjudicative body, as
defined in this Act, provided that the body prepares and
makes available for public inspection a written decision
setting forth its determinative reasoning.
(5) The purchase or lease of real property for the
use of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities,
investments, or investment contracts.
(8) Emergency security procedures and the use of
personnel and equipment to respond to actual danger to
the safety of employees, students, staff or public
property, provided that a description of the actual
danger shall be made a part of the motion to close the
meeting.
(9) Student disciplinary cases.
(10) The placement of individual students in
special education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting
or on behalf of the particular public body has been filed
and is pending before a court or administrative tribunal,
or when the public body finds that an action is probable
or imminent, in which case the basis for the finding
shall be recorded and entered into the minutes of the
closed meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise
the disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss
or risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination
in the sale or rental of housing, when closed meetings
are authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a
public body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative
of a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals for a hospital, or other institution
providing medical care, that is operated by the public
body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Employees Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully
closed under this Act, whether for purposes of approval
by the body of the minutes or semi-annual review of the
minutes as mandated by Section 2.06.
(22) Deliberations for decisions The business of
the State Emergency Medical Services Disciplinary Review
Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to
conduct hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a
closed meeting. Final action shall be preceded by a public
recital of the nature of the matter being considered and
other information that will inform the public of the business
being conducted.
(Source: P.A. 88-530; 88-621, eff. 1-1-95; 89-86, eff.
6-30-95; 89-177, eff. 7-19-95; 89-626, eff. 8-9-96.)
Section 7. The Freedom of Information Act is amended by
changing Sections 2 and 6 as follows:
(5 ILCS 140/2) (from Ch. 116, par. 202)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means any legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees, or
commissions of this State, and any subsidiary bodies of any
of the foregoing including but not limited to committees and
subcommittees which are supported in whole or in part by tax
revenue, or which expend tax revenue. "Public body" does not
include a child death review team established under the Child
Death Review Team Act.
(b) "Person" means any individual, corporation,
partnership, firm, organization or association, acting
individually or as a group.
(c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, recorded information and all other
documentary materials, regardless of physical form or
characteristics, having been prepared, or having been or
being used, received, possessed or under the control of any
public body. "Public records" includes, but is expressly not
limited to: (i) administrative manuals, procedural rules,
and instructions to staff, unless exempted by Section 7(p) of
this Act; (ii) final opinions and orders made in the
adjudication of cases, except an educational institution's
adjudication of student or employee grievance or disciplinary
cases; (iii) substantive rules; (iv) statements and
interpretations of policy which have been adopted by a public
body; (v) final planning policies, recommendations, and
decisions; (vi) factual reports, inspection reports, and
studies whether prepared by or for the public body; (vii) all
information in any account, voucher, or contract dealing with
the receipt or expenditure of public or other funds of public
bodies; (viii) the names, salaries, titles, and dates of
employment of all employees and officers of public bodies;
(ix) materials containing opinions concerning the rights of
the state, the public, a subdivision of state or a local
government, or of any private persons; (x) the name of every
official and the final records of voting in all proceedings
of public bodies; (xi) applications for any contract, permit,
grant, or agreement except as exempted from disclosure by
subsection (g) of Section 7 of this Act; (xii) each report,
document, study, or publication prepared by independent
consultants or other independent contractors for the public
body; (xiii) all other information required by law to be made
available for public inspection or copying; (xiv) information
relating to any grant or contract made by or between a public
body and another public body or private organization; and
(xv) waiver documents filed with the State Superintendent of
Education or the president of the University of Illinois
under Section 30-12.5 of the School Code, concerning nominees
for General Assembly scholarships under Sections 30-9, 30-10,
and 30-11 of the School Code.
(d) "Copying" means the reproduction of any public
record by means of any photographic, electronic, mechanical
or other process, device or means.
(e) "Head of the public body" means the president,
mayor, chairman, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body,
or such person's duly authorized designee.
(f) "News media" means a newspaper or other periodical
issued at regular intervals, a news service, a radio station,
a television station, a community antenna television service,
or a person or corporation engaged in making news reels or
other motion picture news for public showing.
(Source: P.A. 88-614, eff. 9-7-94; 89-681, eff. 12-13-96.)
(5 ILCS 140/6) (from Ch. 116, par. 206)
Sec. 6. Authority to charge fees.
(a) Each public body may charge fees reasonably
calculated to reimburse its actual cost for reproducing and
certifying public records and for the use, by any person, of
the equipment of the public body to copy records. Such fees
shall exclude the costs of any search for and review of the
record, and shall not exceed the actual cost of reproduction
and certification, unless otherwise provided by State
statute. Such fees shall be imposed according to a standard
scale of fees, established and made public by the body
imposing them.
(b) Documents shall be furnished without charge or at a
reduced charge, as determined by the public body, if the
person requesting the documents states the specific purpose
for the request and indicates that a waiver or reduction of
the fee is 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
personal or commercial benefit. For purposes of this
subsection, "commercial benefit" shall not apply to requests
made by news media when 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. In setting the amount of the waiver or
reduction, the public body may take into consideration the
amount of materials requested and the cost of copying them.
(c) The purposeful imposition of a fee not consistent
with subsections (6)(a) and (b) of this Act shall be
considered a denial of access to public records for the
purposes of judicial review.
(d) The fee for an abstract of a driver's record shall
be as provided in Section 6-118 of "The Illinois Vehicle
Code", approved September 29, 1969, as amended.
(Source: P.A. 85-1357.)
Section 10. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.45 and 3.110 as
follows:
(210 ILCS 50/3.45)
Sec. 3.45. State Emergency Medical Services Disciplinary
Review Board.
(a) The Governor shall appoint a State Emergency Medical
Services Disciplinary Review Board, composed of an EMS
Medical Director, an EMS System Coordinator, an Emergency
Medical Technician-Paramedic (EMT-P), an Emergency Medical
Technician-Basic (EMT-B), and the following members, who
shall only review cases in which a party is from the same
professional category: a Pre-Hospital RN, an ECRN, a Trauma
Nurse Specialist, an Emergency Medical
Technician-Intermediate (EMT-I), a representative from a
private vehicle service provider, a representative from a
public vehicle service provider, and an emergency physician
who monitors telecommunications from and gives voice orders
to EMS personnel. The Governor shall also appoint one
alternate for each member of the Board, from the same
professional category as the member of the Board.
(b) Of the members first appointed, 2 members shall be
appointed for a term of one year, 2 members shall be
appointed for a term of 2 years and the remaining members
shall be appointed for a term of 3 years. The terms of
subsequent appointments shall be 3 years. All appointees
shall serve until their successors are appointed. The
alternate members shall be appointed and serve in the same
fashion as the members of the Board. If a member resigns his
or her appointment, the corresponding alternate shall serve
the remainder of that member's term until a subsequent member
is appointed by the Governor.
(c) The function of the Board is to review and affirm,
reverse or modify orders to suspend an EMT or other
individual provider from participating within an EMS System.
(d) An individual, individual provider or other
participant who received an immediate suspension from an EMS
Medical Director may request the Board to reverse or modify
the suspension order. If the suspension had been affirmed or
modified by a local System review board, the suspended
participant may request the Board to reverse or modify the
local board's decision.
(e) An individual, individual provider or other
participant who received a non-immediate suspension order
from an EMS Medical Director which was affirmed or modified
by a local System review board may request the Board to
reverse or modify the local board's decision.
(f) An EMS Medical Director whose suspension order was
reversed or modified by a local System review board may
request the Board to reverse or modify the local board's
decision.
(g) The Board shall regularly meet on the first Tuesday
of every month, unless no requests for review have been
submitted. Additional meetings of the Board shall be
scheduled as necessary to insure that a request for direct
review of an immediate suspension order is scheduled within
14 days after the Department receives the request for review
or as soon thereafter as a quorum is available. The Board
shall meet in Springfield or Chicago, whichever location is
closer to the majority of the members or alternates attending
the meeting. The Department shall reimburse the members and
alternates of the Board for reasonable travel expenses
incurred in attending meetings of the Board.
(h) A request for review shall be submitted in writing
to the Chief of the Department's Division of Emergency
Medical Services and Highway Safety, within 10 days after
receiving the local board's decision or the EMS Medical
Director's suspension order, whichever is applicable, a copy
of which shall be enclosed.
(i) At its regularly scheduled meetings, the Board shall
review requests which have been received by the Department at
least 10 working days prior to the Board's meeting date.
Requests for review which are received less than 10 working
days prior to a scheduled meeting shall be considered at the
Board's next scheduled meeting, except that requests for
direct review of an immediate suspension order may be
scheduled up to 3 working days prior to the Board's meeting
date.
(j) A quorum shall be required for the Board to meet,
which shall consist of 3 members or alternates, including the
EMS Medical Director or alternate and the member or alternate
from the same professional category as the subject of the
suspension order. At each meeting of the Board, the members
or alternates present shall select a Chairperson to conduct
the meeting.
(k) Deliberations for decisions Meetings of the State
EMS Disciplinary Review Board shall be conducted in closed
session. Department staff may attend for the purpose of
providing clerical assistance, but. no other persons may be
in attendance except for the parties to the dispute being
reviewed by the Board and their attorneys, unless by request
of the Board. Meetings of the Board shall be exempt from the
provisions of the Open Meetings Act.
(l) The Board shall review the transcript, evidence and
written decision of the local review board or the written
decision and supporting documentation of the EMS Medical
Director, whichever is applicable, along with any additional
written or verbal testimony or argument offered by the
parties to the dispute.
(m) At the conclusion of its review, the Board shall
issue its decision and the basis for its decision on a form
provided by the Department, and shall submit to the
Department its written decision together with the record of
the local System review board. The Department shall promptly
issue a copy of the Board's decision to all affected parties.
The Board's decision shall be binding on all parties.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.110)
Sec. 3.110. EMS system and trauma center confidentiality
and immunity.
(a) All information contained in or relating to any
medical audit performed of a trauma center's trauma services
pursuant to this Act or by an EMS Medical Director or his
designee of medical care rendered by System personnel, shall
be afforded the same status as is provided information
concerning medical studies in Article VIII, Part 21 of the
Code of Civil Procedure. Disclosure of such information to
the Department pursuant to this Act shall not be considered a
violation of Article VIII, Part 21 of the Code of Civil
Procedure.
(b) Hospitals, trauma centers and individuals that
perform or participate in medical audits pursuant to this Act
shall be immune from civil liability to the same extent as
provided in Section 10.2 of the Hospital Licensing Act.
(c) All information relating to the State Emergency
Medical Services Disciplinary Review Board or a local review
board, except final decisions, shall be afforded the same
status as is provided information concerning medical studies
in Article VIII, Part 21 of the Code of Civil Procedure.
Disclosure of such information to the Department pursuant to
this Act shall not ee considered a violation of Article VIII,
Part 21 of the Code of Civil Procedure.
(Source: P.A. 89-177, eff. 7-19-95.)
Section 15. The Illinois Vehicle Code is amended by
changing Section 2-123 and adding Section 1-148.5 as follows:
(625 ILCS 5/1-148.5 new)
Sec. 1-148.5. News media. A newspaper or other
periodical issued at regular intervals, a news service, a
radio station, a television station, a community antenna
television service, or a person or corporation engaged in
making news reels or other motion picture news for public
showing.
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and distribution of information.
(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
governments, elected state officials, state educational
institutions, public libraries 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.
(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, or printout at a fixed fee of $200 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 $20 per
1,000 units or part thereof identified or the actual cost,
whichever is greater. The Secretary is 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. The information sold pursuant to this subsection
shall be the entire vehicle or driver data list, or part
thereof.
(c) Secretary of State may issue registration lists.
The Secretary of State shall compile and publish, at least
annually, a list of all registered vehicles. Each list of
registered vehicles shall be arranged serially according to
the registration numbers assigned to registered vehicles and
shall 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 discretion of
the Secretary of State may seem best for the purposes
intended.
(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 at the fee of
$400 each or at the cost of producing the list as determined
by the Secretary of State.
(e) The Secretary of State shall upon written request
and the payment of the fee of $400 furnish the current
available list of such motor vehicle registrations to any
person so long as the supply of available registration lists
shall last.
(e-1) 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 intended purchase. Affected drivers, vehicle
owners, or registrants may request that their personally
identifiable information not be used for commercial
solicitation purposes.
(f) Title or registration search and certification
thereof - Fee. 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 $4 for
each registration or title search. No fee shall be charged
for a title or registration search, or for the certification
thereof requested by a government agency.
The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $4 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
authenticated by Seal of the Secretary of State.
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.
The vehicle owner or registrant residence address and
other personally identifiable information on the record shall
not be disclosed. This nondisclosure shall not apply to
requests made by law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, 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. This
information may be withheld from the entities listed above,
except law enforcement and government agencies upon
presentation of a valid court order of protection for the
duration of the order.
No information shall be released to the requestor until
expiration of a 10 day period. This 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, and Private Security Act of 1983,
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.
Any misrepresentation made by a 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 22 or 25
of the Private Detective, Private Alarm, and Private Security
Act of 1983.
(g) 1. The Secretary of State may, upon receipt of a
written request and a fee of $5, furnish to the person or
agency so requesting a driver's record. 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.
2. 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.
The Secretary of State may notify the affected
driver of the request for purchase of his driver's record
as the Secretary deems appropriate.
The affected driver residence address and other
personally identifiable information on the record shall
not be disclosed. This nondisclosure shall not apply to
requests made by law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, 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. This information may be withheld from the
entities listed above, except law enforcement and
government agencies, upon presentation of a valid court
order of protection for the duration of the order.
No information shall be released to the requester
until expiration of a 10 day period. This 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, and Private
Security Act of 1983, 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 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 22 or 25 of the Private Detective, Private Alarm,
and Private Security Act of 1983.
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 lawful purpose.
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 abstract issued 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.
7. Subject to any restrictions contained in the
Juvenile Court Act of 1987, and upon receipt of a proper
request and a fee of $5, the Secretary of State shall
provide a driver's record 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 except pursuant to a written request by, or with the
prior written consent of, the individual except to: (1)
officers and employees of the Secretary who have a need to
know the social security numbers in performance of their
official duties, (2) law enforcement officials for a lawful,
civil or criminal law enforcement investigation, and if 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, (3)
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, (4) pursuant to
the order of a court of competent jurisdiction, or (5) the
Department of Public Aid for utilization in the child support
enforcement duties assigned to that Department under
provisions of the 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; provided, the redisclosure shall not
be authorized by the Secretary prior to September 30, 1992.
(i) The Secretary of State is empowered to promulgate
rules and regulations to effectuate this Section.
(j) Medical statements or medical reports received in
the Secretary of State's Office shall be confidential. 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.
(k) All fees collected under this Section shall be paid
into the Road Fund of the State Treasury, except that $3 of
the $5 fee for a driver's record shall be paid into the
Secretary of State Special Services Fund.
(l) The Secretary of State shall report his
recommendations to the General Assembly by January 1, 1993,
regarding the sale and dissemination of the information
maintained by the Secretary, including the sale of lists of
driver and vehicle records.
(m) 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.
(Source: P.A. 88-208; 88-363; 88-670, eff. 12-2-94; 89-503,
eff. 7-1-96.)
Section 20. The Clinical Psychologist Licensing Act is
amended by adding Section 12.5 as follows:
(225 ILCS 15/12.5 new)
Sec. 12.5. Social Security Number on license
application. In addition to any other information required
to be contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 21. The Clinical Social Work and Social Work
Practice Act is amended by adding Section 7.5 as follows:
(225 ILCS 20/7.5 new)
Sec. 7.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 22. The Illinois Dental Practice Act is amended
by adding Section 8.05 as follows:
(225 ILCS 25/8.05 new)
Sec. 8.05. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 23. The Dietetic and Nutrition Services Practice
Act is amended by adding Section 37 as follows:
(225 ILCS 30/37 new)
Sec. 37. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 24. The Funeral Directors and Embalmers
Licensing Code is amended by adding Section 10-22 as
follows:
(225 ILCS 41/10-22 new)
Sec. 10-22. Social Security Number on license
application. In addition to any other information required
to be contained in the application, every application for an
original, renewal, reinstated, or restored license under
this Code shall include the applicant's Social Security
Number.
Section 25. The Marriage and Family Therapy Licensing
Act is amended by adding Section 32 as follows:
(225 ILCS 55/32 new)
Sec. 32. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 26. The Medical Practice Act of 1987 is amended
by adding Section 9.5 as follows:
(225 ILCS 60/9.5 new)
Sec. 9.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 27. The Naprapathic Practice Act is amended by
adding Section 57 as follows:
(225 ILCS 63/57 new)
Sec. 57. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, reinstated, or restored license under this
Act shall include the applicant's Social Security Number.
Section 28. The Illinois Nursing Act of 1987 is amended
by adding Section 4.2 as follows:
(225 ILCS 65/4.2 new)
Sec. 4.2. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 29. The Nursing Home Administrators Licensing
and Disciplinary Act is amended by adding Section 6.5 as
follows:
(225 ILCS 70/6.5 new)
Sec. 6.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 30. The Illinois Occupational Therapy Practice
Act is amended by adding Section 6.5 as follows:
(225 ILCS 75/6.5 new)
Sec. 6.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 31. The Illinois Optometric Practice Act of 1987
is amended by adding Section 12.5 as follows:
(225 ILCS 80/12.5 new)
Sec. 12.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, reinstated, or restored license under this
Act shall include the applicant's Social Security Number.
Section 32. The Pharmacy Practice Act of 1987 is amended
by adding Section 7.5 as follows:
(225 ILCS 85/7.5 new)
Sec. 7.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 33. The Illinois Physical Therapy Act is amended
by adding Section 8.5 as follows:
(225 ILCS 90/8.5 new)
Sec. 8.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 34. The Physician Assistant Practice Act of 1987
is amended by adding Section 9.5 as follows:
(225 ILCS 95/9.5 new)
Sec. 9.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 35. The Podiatric Medical Practice Act of 1987
is amended by adding Section 8.5 as follows:
(225 ILCS 100/8.5 new)
Sec. 8.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 36. The Respiratory Care Practice Act is amended
by adding Section 42 as follows:
(225 ILCS 106/42 new)
Sec. 42. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 37. The Professional Counselor and Clinical
Professional Counselor Licensing Act is amended by adding
Section 37 as follows:
(225 ILCS 107/37 new)
Sec. 37. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 38. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by adding Section 7.2 as
follows:
(225 ILCS 110/7.2 new)
Sec. 7.2. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 39. The Veterinary Medicine and Surgery Practice
Act of 1994 is amended by adding Section 10.5 as follows:
(225 ILCS 115/10.5 new)
Sec. 10.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 40. The Wholesale Drug Distribution Licensing
Act is amended by adding Section 27 as follows:
(225 ILCS 120/27 new)
Sec. 27. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 41. The Illinois Architecture Practice Act of
1989 is amended by adding Section 11.5 as follows:
(225 ILCS 305/11.5 new)
Sec. 11.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 42. The Professional Engineering Practice Act of
1989 is amended by adding Section 8.5 as follows:
(225 ILCS 325/8.5 new)
Sec. 8.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 43. The Illinois Professional Land Surveyor Act
is amended by adding Section 10.5 as follows:
(225 ILCS 330/10.5 new)
Sec. 10.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 44. The Structural Engineering Licensing Act of
1989 is amended by adding Section 9.5 as follows:
(225 ILCS 340/9.5 new)
Sec. 9.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 45. The Detection of Deception Examiners Act is
amended by adding Section 8.5 as follows:
(225 ILCS 430/8.5 new)
Sec. 8.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, reinstated, or restored license under this
Act shall include the applicant's Social Security Number.
Section 46. The Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 is amended by
adding Section 92 as follows:
(225 ILCS 446/92 new)
Sec. 92. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 47. The Illinois Public Accounting Act is
amended by adding Section 13.5 as follows:
(225 ILCS 450/13.5 new)
Sec. 13.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
Section 48. The Real Estate License Act of 1983 is
amended by adding Section 11.5 as follows:
(225 ILCS 455/11.5 new)
Sec. 11.5. Social Security Number on license application.
In addition to any other information required to be
contained in the application, every application for an
original or renewal license under this Act shall include the
applicant's Social Security Number.
Section 49. The Vital Records Act is amended by changing
Section 25 as follows:
(410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
Sec. 25. In accordance with Section 24 of this Act, and
the regulations adopted pursuant thereto:
(1) The State Registrar of Vital Records shall search
the files of birth, death, and fetal death records, upon
receipt of a written request and a fee of $10 from any
applicant entitled to such search. A search fee shall not be
required for commemorative birth certificates issued by the
State Registrar. If, upon search, the record requested is
found, the State Registrar shall furnish the applicant one
certification of such record, under the seal of such office.
If the request is for a certified copy of the record an
additional fee of $5 shall be required. A further fee of $2
shall be required for each additional certification or
certified copy requested. If the requested record is not
found, the State Registrar shall furnish the applicant a
certification attesting to that fact, if so requested by the
applicant. A further fee of $2 shall be required for each
additional certification that no record has been found.
Any local registrar or county clerk shall search the
files of birth, death and fetal death records, upon receipt
of a written request from any applicant entitled to such
search. If upon search the record requested is found, such
local registrar or county clerk shall furnish the applicant
one certification or certified copy of such record, under the
seal of such office. If the requested record is not found,
the local registrar or county clerk shall furnish the
applicant a certification attesting to that fact, if so
requested by the applicant. The local registrar or county
clerk may charge fees for providing services for which the
State Registrar may charge fees under this Section, except
that such fees may not exceed the fees charged by the State
Registrar.
A request to any custodian of vital records for a search
of the death record indexes for genealogical research shall
require a fee of $10 per name for a 5 year search. An
additional fee of $1 for each additional year searched shall
be required. If the requested record is found, one
uncertified copy shall be issued without additional charge.
Any fee received by the State Registrar pursuant to this
Section which is of an insufficient amount may be returned by
the State Registrar upon his recording the receipt of such
fee and the reason for its return. The State Registrar is
authorized to maintain a 2 signature, revolving checking
account with a suitable commercial bank for the purpose of
depositing and withdrawing-for-return cash received and
determined insufficient for the service requested.
(2) The certification of birth may contain only the
name, sex, date of birth, and place of birth, of the person
to whom it relates, the name, age and birthplace of the
parents, and the file number; and none of the other data on
the certificate of birth except as authorized under
subsection (5) of this Section.
(3) The certification of death shall contain only the
name, Social Security Number, sex, date of death, and place
of death of the person to whom it relates, and file number;
and none of the other data on the certificate of death except
as authorized under subsection (5) of this Section.
(4) Certification or a certified copy of a certificate
shall be issued:
(a) Upon the order of a court of competent
jurisdiction; or
(b) In case of a birth certificate, upon the
specific written request for a certification or certified
copy by the person, if of legal age, by a parent or other
legal representative of the person to whom the record of
birth relates, or by a person having a genealogical
interest; or
(c) Upon the specific written request for a
certification or certified copy by a department of the
state or a municipal corporation or the federal
government; or
(d) In case of a death or fetal death certificate,
upon specific written request for a certified copy by a
person, or his duly authorized agent, having a
genealogical, personal or property right interest in the
record.
A genealogical interest shall be a proper purpose with
respect to births which occurred not less than 75 years and
deaths which occurred not less than 20 years prior to the
date of written request. Where the purpose of the request is
a genealogical interest, the custodian shall stamp the
certification or copy with the words, FOR GENEALOGICAL
PURPOSES ONLY.
(5) Any certification or certified copy issued pursuant
to this Section shall show the date of registration; and
copies issued from records marked "delayed," "amended," or
"court order" shall be similarly marked and show the
effective date.
(6) Any certification or certified copy of a certificate
issued in accordance with this Section shall be considered as
prima facie evidence of the facts therein stated, provided
that the evidentiary value of a certificate or record filed
more than one year after the event, or a record which has
been amended, shall be determined by the judicial or
administrative body or official before whom the certificate
is offered as evidence.
(7) Any certification or certified copy issued pursuant
to this Section shall be issued without charge when the
record is required by the United States Veterans
Administration or by any accredited veterans organization to
be used in determining the eligibility of any person to
participate in benefits available from such organization.
Requests for such copies must be in accordance with Sections
1 and 2 of "An Act to provide for the furnishing of copies of
public documents to interested parties," approved May 17,
1935, as now or hereafter amended.
(8) The National Vital Statistics Division, or any
agency which may be substituted therefor, may be furnished
such copies or data as it may require for national
statistics; provided that the State shall be reimbursed for
the cost of furnishing such data; and provided further that
such data shall not be used for other than statistical
purposes by the National Vital Statistics Division, or any
agency which may be substituted therefor, unless so
authorized by the State Registrar of Vital Records.
(9) Federal, State, local, and other public or private
agencies may, upon request, be furnished copies or data for
statistical purposes upon such terms or conditions as may be
prescribed by the Department.
(10) The State Registrar of Vital Records, at his
discretion and in the interest of promoting registration of
births, may issue, without fee, to the parents or guardian of
any or every child whose birth has been registered in
accordance with the provisions of this Act, a special notice
of registration of birth.
(11) No person shall prepare or issue any certificate
which purports to be an original, certified copy, or
certification of a certificate of birth, death, or fetal
death, except as authorized in this Act or regulations
adopted hereunder.
(12) A computer print-out of any record of birth, death
or fetal record that may be certified under this Section may
be used in place of such certification and such computer
print-out shall have the same legal force and effect as a
certified copy of the document.
(13) The State Registrar may verify from the information
contained in the index maintained by the State Registrar the
authenticity of information on births, deaths, marriages and
dissolution of marriages provided to a federal agency or a
public agency of another state by a person seeking benefits
or employment from the agency, provided the agency pays a fee
of $10.
(14) The State Registrar may issue commemorative birth
certificates to persons eligible to receive birth
certificates under this Section upon the payment of a fee to
be determined by the State Registrar.
(Source: P.A. 87-1058.)
Section 99. Effective date. This Act takes effect upon
becoming law.