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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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