97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4967

 

Introduced 2/3/2012, by Rep. Marlow H. Colvin

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/2-123  from Ch. 95 1/2, par. 2-123

    Amends the Illinois Vehicle Code. Provides that the Secretary of State is empowered to and "shall" (rather than "may, in his discretion") furnish to an applicant vehicle or driver data on a computer tape, disk, other electronic format or computer processable medium, or printout at a fixed fee of $500, in advance, and require a further sufficient deposit based upon the Secretary's estimate of the total cost of the information requested and a charge of $50 for orders received per 1,000 units or part thereof identified or the actual cost, whichever is greater. Provides that the Secretary shall make vehicle and driver data available to commercial purchasers of driver and vehicle record databases, provided the commercial purchasers shall enter into a written agreement with the Secretary that includes disclosure of the commercial use of the information to be purchased.


LRB097 17931 HEP 63154 b

 

 

A BILL FOR

 

HB4967LRB097 17931 HEP 63154 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 2-123 as follows:
 
6    (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)
7    Sec. 2-123. Sale and Distribution of Information.
8    (a) Except as otherwise provided in this Section, the
9Secretary may make the driver's license, vehicle and title
10registration lists, in part or in whole, and any statistical
11information derived from these lists available to local
12governments, elected state officials, state educational
13institutions, and all other governmental units of the State and
14Federal Government requesting them for governmental purposes.
15The Secretary shall require any such applicant for services to
16pay for the costs of furnishing such services and the use of
17the equipment involved, and in addition is empowered to
18establish prices and charges for the services so furnished and
19for the use of the electronic equipment utilized.
20    (b) The Secretary is further empowered to and shall he may,
21in his discretion, furnish to any applicant, other than listed
22in subsection (a) of this Section, vehicle or driver data on a
23computer tape, disk, other electronic format or computer

 

 

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1processable medium, or printout at a fixed fee of $250 for
2orders received before October 1, 2003 and $500 for orders
3received on or after October 1, 2003, in advance, and require
4in addition a further sufficient deposit based upon the
5Secretary of State's estimate of the total cost of the
6information requested and a charge of $25 for orders received
7before October 1, 2003 and $50 for orders received on or after
8October 1, 2003, per 1,000 units or part thereof identified or
9the actual cost, whichever is greater. The Secretary is
10authorized to refund any difference between the additional
11deposit and the actual cost of the request. This service shall
12not be in lieu of an abstract of a driver's record nor of a
13title or registration search. This service may be limited to
14entities purchasing a minimum number of records as required by
15administrative rule. The information sold pursuant to this
16subsection shall be the entire vehicle or driver data list, or
17part thereof. The information sold pursuant to this subsection
18shall not contain personally identifying information unless
19the information is to be used for one of the purposes
20identified in subsection (f-5) of this Section. The Secretary
21shall make vehicle and driver data available to commercial
22Commercial purchasers of driver and vehicle record databases,
23provided the commercial purchasers shall enter into a written
24agreement with the Secretary of State that includes disclosure
25of the commercial use of the information to be purchased.
26    (b-1) The Secretary is further empowered to and may, in his

 

 

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1or her discretion, furnish vehicle or driver data on a computer
2tape, disk, or other electronic format or computer processible
3medium, at no fee, to any State or local governmental agency
4that uses the information provided by the Secretary to transmit
5data back to the Secretary that enables the Secretary to
6maintain accurate driving records, including dispositions of
7traffic cases. This information may be provided without fee not
8more often than once every 6 months.
9    (c) Secretary of State may issue registration lists. The
10Secretary of State may compile a list of all registered
11vehicles. Each list of registered vehicles shall be arranged
12serially according to the registration numbers assigned to
13registered vehicles and may contain in addition the names and
14addresses of registered owners and a brief description of each
15vehicle including the serial or other identifying number
16thereof. Such compilation may be in such form as in the
17discretion of the Secretary of State may seem best for the
18purposes intended.
19    (d) The Secretary of State shall furnish no more than 2
20current available lists of such registrations to the sheriffs
21of all counties and to the chiefs of police of all cities and
22villages and towns of 2,000 population and over in this State
23at no cost. Additional copies may be purchased by the sheriffs
24or chiefs of police at the fee of $500 each or at the cost of
25producing the list as determined by the Secretary of State.
26Such lists are to be used for governmental purposes only.

 

 

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1    (e) (Blank).
2    (e-1) (Blank).
3    (f) The Secretary of State shall make a title or
4registration search of the records of his office and a written
5report on the same for any person, upon written application of
6such person, accompanied by a fee of $5 for each registration
7or title search. The written application shall set forth the
8intended use of the requested information. No fee shall be
9charged for a title or registration search, or for the
10certification thereof requested by a government agency. The
11report of the title or registration search shall not contain
12personally identifying information unless the request for a
13search was made for one of the purposes identified in
14subsection (f-5) of this Section. The report of the title or
15registration search shall not contain highly restricted
16personal information unless specifically authorized by this
17Code.
18    The Secretary of State shall certify a title or
19registration record upon written request. The fee for
20certification shall be $5 in addition to the fee required for a
21title or registration search. Certification shall be made under
22the signature of the Secretary of State and shall be
23authenticated by Seal of the Secretary of State.
24    The Secretary of State may notify the vehicle owner or
25registrant of the request for purchase of his title or
26registration information as the Secretary deems appropriate.

 

 

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1    No information shall be released to the requestor until
2expiration of a 10 day period. This 10 day period shall not
3apply to requests for information made by law enforcement
4officials, government agencies, financial institutions,
5attorneys, insurers, employers, automobile associated
6businesses, persons licensed as a private detective or firms
7licensed as a private detective agency under the Private
8Detective, Private Alarm, Private Security, Fingerprint
9Vendor, and Locksmith Act of 2004, who are employed by or are
10acting on behalf of law enforcement officials, government
11agencies, financial institutions, attorneys, insurers,
12employers, automobile associated businesses, and other
13business entities for purposes consistent with the Illinois
14Vehicle Code, the vehicle owner or registrant or other entities
15as the Secretary may exempt by rule and regulation.
16    Any misrepresentation made by a requestor of title or
17vehicle information shall be punishable as a petty offense,
18except in the case of persons licensed as a private detective
19or firms licensed as a private detective agency which shall be
20subject to disciplinary sanctions under Section 40-10 of the
21Private Detective, Private Alarm, Private Security,
22Fingerprint Vendor, and Locksmith Act of 2004.
23    (f-5) The Secretary of State shall not disclose or
24otherwise make available to any person or entity any personally
25identifying information obtained by the Secretary of State in
26connection with a driver's license, vehicle, or title

 

 

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1registration record unless the information is disclosed for one
2of the following purposes:
3        (1) For use by any government agency, including any
4    court or law enforcement agency, in carrying out its
5    functions, or any private person or entity acting on behalf
6    of a federal, State, or local agency in carrying out its
7    functions.
8        (2) For use in connection with matters of motor vehicle
9    or driver safety and theft; motor vehicle emissions; motor
10    vehicle product alterations, recalls, or advisories;
11    performance monitoring of motor vehicles, motor vehicle
12    parts, and dealers; and removal of non-owner records from
13    the original owner records of motor vehicle manufacturers.
14        (3) For use in the normal course of business by a
15    legitimate business or its agents, employees, or
16    contractors, but only:
17            (A) to verify the accuracy of personal information
18        submitted by an individual to the business or its
19        agents, employees, or contractors; and
20            (B) if such information as so submitted is not
21        correct or is no longer correct, to obtain the correct
22        information, but only for the purposes of preventing
23        fraud by, pursuing legal remedies against, or
24        recovering on a debt or security interest against, the
25        individual.
26        (4) For use in research activities and for use in

 

 

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1    producing statistical reports, if the personally
2    identifying information is not published, redisclosed, or
3    used to contact individuals.
4        (5) For use in connection with any civil, criminal,
5    administrative, or arbitral proceeding in any federal,
6    State, or local court or agency or before any
7    self-regulatory body, including the service of process,
8    investigation in anticipation of litigation, and the
9    execution or enforcement of judgments and orders, or
10    pursuant to an order of a federal, State, or local court.
11        (6) For use by any insurer or insurance support
12    organization or by a self-insured entity or its agents,
13    employees, or contractors in connection with claims
14    investigation activities, antifraud activities, rating, or
15    underwriting.
16        (7) For use in providing notice to the owners of towed
17    or impounded vehicles.
18        (8) For use by any person licensed as a private
19    detective or firm licensed as a private detective agency
20    under the Private Detective, Private Alarm, Private
21    Security, Fingerprint Vendor, and Locksmith Act of 2004,
22    private investigative agency or security service licensed
23    in Illinois for any purpose permitted under this
24    subsection.
25        (9) For use by an employer or its agent or insurer to
26    obtain or verify information relating to a holder of a

 

 

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1    commercial driver's license that is required under chapter
2    313 of title 49 of the United States Code.
3        (10) For use in connection with the operation of
4    private toll transportation facilities.
5        (11) For use by any requester, if the requester
6    demonstrates it has obtained the written consent of the
7    individual to whom the information pertains.
8        (12) For use by members of the news media, as defined
9    in Section 1-148.5, for the purpose of newsgathering when
10    the request relates to the operation of a motor vehicle or
11    public safety.
12        (13) For any other use specifically authorized by law,
13    if that use is related to the operation of a motor vehicle
14    or public safety.
15    (f-6) The Secretary of State shall not disclose or
16otherwise make available to any person or entity any highly
17restricted personal information obtained by the Secretary of
18State in connection with a driver's license, vehicle, or title
19registration record unless specifically authorized by this
20Code.
21    (g) 1. The Secretary of State may, upon receipt of a
22    written request and a fee of $6 before October 1, 2003 and
23    a fee of $12 on and after October 1, 2003, furnish to the
24    person or agency so requesting a driver's record. Such
25    document may include a record of: current driver's license
26    issuance information, except that the information on

 

 

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1    judicial driving permits shall be available only as
2    otherwise provided by this Code; convictions; orders
3    entered revoking, suspending or cancelling a driver's
4    license or privilege; and notations of accident
5    involvement. All other information, unless otherwise
6    permitted by this Code, shall remain confidential.
7    Information released pursuant to a request for a driver's
8    record shall not contain personally identifying
9    information, unless the request for the driver's record was
10    made for one of the purposes set forth in subsection (f-5)
11    of this Section. The Secretary of State may, without fee,
12    allow a parent or guardian of a person under the age of 18
13    years, who holds an instruction permit or graduated
14    driver's license, to view that person's driving record
15    online, through a computer connection. The parent or
16    guardian's online access to the driving record will
17    terminate when the instruction permit or graduated
18    driver's license holder reaches the age of 18.
19        2. The Secretary of State shall not disclose or
20    otherwise make available to any person or entity any highly
21    restricted personal information obtained by the Secretary
22    of State in connection with a driver's license, vehicle, or
23    title registration record unless specifically authorized
24    by this Code. The Secretary of State may certify an
25    abstract of a driver's record upon written request
26    therefor. Such certification shall be made under the

 

 

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1    signature of the Secretary of State and shall be
2    authenticated by the Seal of his office.
3        3. All requests for driving record information shall be
4    made in a manner prescribed by the Secretary and shall set
5    forth the intended use of the requested information.
6        The Secretary of State may notify the affected driver
7    of the request for purchase of his driver's record as the
8    Secretary deems appropriate.
9        No information shall be released to the requester until
10    expiration of a 10 day period. This 10 day period shall not
11    apply to requests for information made by law enforcement
12    officials, government agencies, financial institutions,
13    attorneys, insurers, employers, automobile associated
14    businesses, persons licensed as a private detective or
15    firms licensed as a private detective agency under the
16    Private Detective, Private Alarm, Private Security,
17    Fingerprint Vendor, and Locksmith Act of 2004, who are
18    employed by or are acting on behalf of law enforcement
19    officials, government agencies, financial institutions,
20    attorneys, insurers, employers, automobile associated
21    businesses, and other business entities for purposes
22    consistent with the Illinois Vehicle Code, the affected
23    driver or other entities as the Secretary may exempt by
24    rule and regulation.
25        Any misrepresentation made by a requestor of driver
26    information shall be punishable as a petty offense, except

 

 

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1    in the case of persons licensed as a private detective or
2    firms licensed as a private detective agency which shall be
3    subject to disciplinary sanctions under Section 40-10 of
4    the Private Detective, Private Alarm, Private Security,
5    Fingerprint Vendor, and Locksmith Act of 2004.
6        4. The Secretary of State may furnish without fee, upon
7    the written request of a law enforcement agency, any
8    information from a driver's record on file with the
9    Secretary of State when such information is required in the
10    enforcement of this Code or any other law relating to the
11    operation of motor vehicles, including records of
12    dispositions; documented information involving the use of
13    a motor vehicle; whether such individual has, or previously
14    had, a driver's license; and the address and personal
15    description as reflected on said driver's record.
16        5. Except as otherwise provided in this Section, the
17    Secretary of State may furnish, without fee, information
18    from an individual driver's record on file, if a written
19    request therefor is submitted by any public transit system
20    or authority, public defender, law enforcement agency, a
21    state or federal agency, or an Illinois local
22    intergovernmental association, if the request is for the
23    purpose of a background check of applicants for employment
24    with the requesting agency, or for the purpose of an
25    official investigation conducted by the agency, or to
26    determine a current address for the driver so public funds

 

 

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1    can be recovered or paid to the driver, or for any other
2    purpose set forth in subsection (f-5) of this Section.
3        The Secretary may also furnish the courts a copy of an
4    abstract of a driver's record, without fee, subsequent to
5    an arrest for a violation of Section 11-501 or a similar
6    provision of a local ordinance. Such abstract may include
7    records of dispositions; documented information involving
8    the use of a motor vehicle as contained in the current
9    file; whether such individual has, or previously had, a
10    driver's license; and the address and personal description
11    as reflected on said driver's record.
12        6. Any certified abstract issued by the Secretary of
13    State or transmitted electronically by the Secretary of
14    State pursuant to this Section, to a court or on request of
15    a law enforcement agency, for the record of a named person
16    as to the status of the person's driver's license shall be
17    prima facie evidence of the facts therein stated and if the
18    name appearing in such abstract is the same as that of a
19    person named in an information or warrant, such abstract
20    shall be prima facie evidence that the person named in such
21    information or warrant is the same person as the person
22    named in such abstract and shall be admissible for any
23    prosecution under this Code and be admitted as proof of any
24    prior conviction or proof of records, notices, or orders
25    recorded on individual driving records maintained by the
26    Secretary of State.

 

 

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1        7. Subject to any restrictions contained in the
2    Juvenile Court Act of 1987, and upon receipt of a proper
3    request and a fee of $6 before October 1, 2003 and a fee of
4    $12 on or after October 1, 2003, the Secretary of State
5    shall provide a driver's record to the affected driver, or
6    the affected driver's attorney, upon verification. Such
7    record shall contain all the information referred to in
8    paragraph 1 of this subsection (g) plus: any recorded
9    accident involvement as a driver; information recorded
10    pursuant to subsection (e) of Section 6-117 and paragraph
11    (4) of subsection (a) of Section 6-204 of this Code. All
12    other information, unless otherwise permitted by this
13    Code, shall remain confidential.
14    (h) The Secretary shall not disclose social security
15numbers or any associated information obtained from the Social
16Security Administration except pursuant to a written request
17by, or with the prior written consent of, the individual
18except: (1) to officers and employees of the Secretary who have
19a need to know the social security numbers in performance of
20their official duties, (2) to law enforcement officials for a
21lawful, civil or criminal law enforcement investigation, and if
22the head of the law enforcement agency has made a written
23request to the Secretary specifying the law enforcement
24investigation for which the social security numbers are being
25sought, (3) to the United States Department of Transportation,
26or any other State, pursuant to the administration and

 

 

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1enforcement of the Commercial Motor Vehicle Safety Act of 1986,
2(4) pursuant to the order of a court of competent jurisdiction,
3(5) to the Department of Healthcare and Family Services
4(formerly Department of Public Aid) for utilization in the
5child support enforcement duties assigned to that Department
6under provisions of the Illinois Public Aid Code after the
7individual has received advanced meaningful notification of
8what redisclosure is sought by the Secretary in accordance with
9the federal Privacy Act, (5.5) to the Department of Healthcare
10and Family Services and the Department of Human Services solely
11for the purpose of verifying Illinois residency where such
12residency is an eligibility requirement for benefits under the
13Illinois Public Aid Code or any other health benefit program
14administered by the Department of Healthcare and Family
15Services or the Department of Human Services, or (6) to the
16Illinois Department of Revenue solely for use by the Department
17in the collection of any tax or debt that the Department of
18Revenue is authorized or required by law to collect, provided
19that the Department shall not disclose the social security
20number to any person or entity outside of the Department.
21    (i) (Blank).
22    (j) Medical statements or medical reports received in the
23Secretary of State's Office shall be confidential. Except as
24provided in this Section, no confidential information may be
25open to public inspection or the contents disclosed to anyone,
26except officers and employees of the Secretary who have a need

 

 

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1to know the information contained in the medical reports and
2the Driver License Medical Advisory Board, unless so directed
3by an order of a court of competent jurisdiction. If the
4Secretary receives a medical report regarding a driver that
5does not address a medical condition contained in a previous
6medical report, the Secretary may disclose the unaddressed
7medical condition to the driver or his or her physician, or
8both, solely for the purpose of submission of a medical report
9that addresses the condition.
10    (k) All fees collected under this Section shall be paid
11into the Road Fund of the State Treasury, except that (i) for
12fees collected before October 1, 2003, $3 of the $6 fee for a
13driver's record shall be paid into the Secretary of State
14Special Services Fund, (ii) for fees collected on and after
15October 1, 2003, of the $12 fee for a driver's record, $3 shall
16be paid into the Secretary of State Special Services Fund and
17$6 shall be paid into the General Revenue Fund, and (iii) for
18fees collected on and after October 1, 2003, 50% of the amounts
19collected pursuant to subsection (b) shall be paid into the
20General Revenue Fund.
21    (l) (Blank).
22    (m) Notations of accident involvement that may be disclosed
23under this Section shall not include notations relating to
24damage to a vehicle or other property being transported by a
25tow truck. This information shall remain confidential,
26provided that nothing in this subsection (m) shall limit

 

 

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1disclosure of any notification of accident involvement to any
2law enforcement agency or official.
3    (n) Requests made by the news media for driver's license,
4vehicle, or title registration information may be furnished
5without charge or at a reduced charge, as determined by the
6Secretary, when the specific purpose for requesting the
7documents is deemed to be in the public interest. Waiver or
8reduction of the fee is in the public interest if the principal
9purpose of the request is to access and disseminate information
10regarding the health, safety, and welfare or the legal rights
11of the general public and is not for the principal purpose of
12gaining a personal or commercial benefit. The information
13provided pursuant to this subsection shall not contain
14personally identifying information unless the information is
15to be used for one of the purposes identified in subsection
16(f-5) of this Section.
17    (o) The redisclosure of personally identifying information
18obtained pursuant to this Section is prohibited, except to the
19extent necessary to effectuate the purpose for which the
20original disclosure of the information was permitted.
21    (p) The Secretary of State is empowered to adopt rules to
22effectuate this Section.
23(Source: P.A. 96-1383, eff. 1-1-11; 96-1501, eff. 1-25-11;
2497-229, eff. 7-28-11.)