State of Illinois
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92nd General Assembly

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Public Act 92-0032

SB610 Enrolled                                 LRB9207776LDpr

    AN ACT concerning matters relating to  the  Secretary  of
State.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The State Finance Act is amended by  changing
Section 6z-34 as follows:

    (30 ILCS 105/6z-34)
    Sec.  6z-34.  Secretary  of  State Special Services Fund.
There is created in the State Treasury a special fund  to  be
known  as  the  Secretary  of  State  Special  Services Fund.
Moneys deposited into the Fund may, subject to appropriation,
be used by the Secretary of State  for  any  or  all  of  the
following purposes:
         (1)  For    general    automation   efforts   within
    operations of the Office of Secretary of State.
         (2)  For technology applications in  any  form  that
    will  enhance  the operational capabilities of the Office
    of Secretary of State.
         (3)  To provide funds for any type of library grants
    authorized and administered by the Secretary of State  as
    State Librarian.
    These  funds are in addition to any other funds otherwise
authorized to the Office of Secretary of State  for  like  or
similar purposes.
    On  August  15,  1997, all fiscal year 1997 receipts that
exceed the amount of $15,000,000 shall  be  transferred  from
this  Fund to the Statistical Services Revolving Fund; and on
August 15, 1998 and each year thereafter  through  2000,  all
receipts  from  the  fiscal  year ending on the previous June
30th   that  exceed  the  amount  of  $17,000,000  shall   be
transferred  from  this  Fund  to  the  Statistical  Services
Revolving  Fund;  and  on  August  15,  2001  and  each  year
thereafter,  all  receipts from the fiscal year ending on the
previous June 30th that  exceed  the  amount  of  $19,000,000
shall  be  transferred  from  this  Fund  to  the Statistical
Services Revolving Fund.
(Source: P.A. 89-503, eff. 7-1-96; 89-697, eff. 1-6-97.)

    Section 10.  The Illinois  Vehicle  Code  is  amended  by
adding Section 1-159.2 and changing Section 2-123 as follows:

    (625 ILCS 5/1-159.2 new)
    Sec.   1-159.2.   Personally   identifying   information.
Information  that  identifies an individual, including his or
her photograph, social security number, driver identification
number, name,  address  (but  not  the  5  digit  zip  code),
telephone  number, and medical or disability information, but
"personally  identifying  information"   does   not   include
information  on  vehicular accidents, driving violations, and
driver's status.

    (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, other electronic  format  or  computer
processable  medium,  or  printout  at a fixed fee of $250 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  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.  This service may be limited to entities purchasing a
minimum number of records as required by 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  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.
    (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 by the
sheriffs 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.
    (e)  (Blank). The Secretary of State shall  upon  written
request  and  the  payment  of  the  fee  of $500 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)  (Blank).   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)  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 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   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
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.
    (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.
         (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.
         (3)  For use in the normal course of business  by  a
    legitimate   business   or   its  agents,  employees,  or
    contractors, but only:
              (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.
         (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.
         (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 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.
         (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.
         (13)  For any other use specifically  authorized  by
    law,  if  that use is related to the operation of a motor
    vehicle or public safety.
    (g) 1.  The Secretary of State may,  upon  receipt  of  a
    written request and a fee of $6, 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.
    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.
         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 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.
         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 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  of $6, 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: (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 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)   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, (4)  pursuant to the order of a
court of competent jurisdiction, or (5) to 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)  (Blank). 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 $6 fee for a driver's  record  shall  be  paid  into  the
Secretary of State Special Services Fund.
    (l)  (Blank).  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)  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.
    (m)  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.
    (n)  The  Secretary  of State is empowered to adopt rules
to effectuate this Section.
(Source: P.A. 90-144,  eff.  7-23-97;  90-330,  eff.  8-8-97;
90-400,  eff.  8-15-97;  90-655,  eff.  7-30-98;  91-37, eff.
7-1-99; 91-357, eff. 7-29-99; 91-716, eff. 10-1-00.)

    Section 99.  Effective date.  This Act  takes  effect  on
July 1, 2001.
    Passed in the General Assembly April 26, 2001.
    Approved June 28, 2001.

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