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91_HB2824eng
HB2824 Engrossed LRB9105350KSks
1 AN ACT concerning the registration of motor vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 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
9 Secretary may make the driver's license, vehicle and title
10 registration lists, in part or in whole, and any statistical
11 information derived from these lists available to local
12 governments, elected state officials, state educational
13 institutions, public libraries and all other governmental
14 units of the State and Federal Government requesting them for
15 governmental purposes. The Secretary shall require any such
16 applicant for services to pay for the costs of furnishing
17 such services and the use of the equipment involved, and in
18 addition is empowered to establish prices and charges for the
19 services so furnished and for the use of the electronic
20 equipment utilized.
21 (b) The Secretary is further empowered to and he may, in
22 his discretion, furnish to any applicant, other than listed
23 in subsection (a) of this Section, vehicle or driver data on
24 a computer tape, disk, or printout at a fixed fee of $200 in
25 advance and require in addition a further sufficient deposit
26 based upon the Secretary of State's estimate of the total
27 cost of the information requested and a charge of $20 per
28 1,000 units or part thereof identified or the actual cost,
29 whichever is greater. The Secretary is authorized to refund
30 any difference between the additional deposit and the actual
31 cost of the request. This service shall not be in lieu of an
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1 abstract of a driver's record nor of a title or registration
2 search. The information sold pursuant to this subsection
3 shall be the entire vehicle or driver data list, or part
4 thereof.
5 (c) Secretary of State may issue registration lists.
6 The Secretary of State shall compile and publish, at least
7 annually, a list of all registered vehicles. Each list of
8 registered vehicles shall be arranged serially according to
9 the registration numbers assigned to registered vehicles and
10 shall contain in addition the names and addresses of
11 registered owners and a brief description of each vehicle
12 including the serial or other identifying number thereof.
13 Such compilation may be in such form as in the discretion of
14 the Secretary of State may seem best for the purposes
15 intended.
16 (d) The Secretary of State shall furnish no more than 2
17 current available lists of such registrations to the sheriffs
18 of all counties and to the chiefs of police of all cities and
19 villages and towns of 2,000 population and over in this State
20 at no cost. Additional copies may be purchased at the fee of
21 $400 each or at the cost of producing the list as determined
22 by the Secretary of State.
23 (e) The Secretary of State shall upon written request
24 and the payment of the fee of $400 furnish the current
25 available list of such motor vehicle registrations to any
26 person so long as the supply of available registration lists
27 shall last.
28 (e-1) Commercial purchasers of driver and vehicle record
29 databases shall enter into a written agreement with the
30 Secretary of State that includes disclosure of the commercial
31 use of the intended purchase. Affected drivers, vehicle
32 owners, or registrants may request that their personally
33 identifiable information not be used for commercial
34 solicitation purposes.
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1 (f) Title or registration search and certification
2 thereof - Fee. The Secretary of State shall make a title or
3 registration search of the records of his office and a
4 written report on the same for any person, upon written
5 application of such person, accompanied by a fee of $4 for
6 each registration or title search. No fee shall be charged
7 for a title or registration search, or for the certification
8 thereof requested by a government agency.
9 The Secretary of State shall certify a title or
10 registration record upon written request. The fee for
11 certification shall be $4 in addition to the fee required for
12 a title or registration search. Certification shall be made
13 under the signature of the Secretary of State and shall be
14 authenticated by Seal of the Secretary of State.
15 The Secretary of State may notify the vehicle owner or
16 registrant of the request for purchase of his title or
17 registration information as the Secretary deems appropriate.
18 If the Secretary of State has been notified that an order of
19 protection under the Domestic Violence Act of 1986 has been
20 issued in favor of a vehicle owner or registrant, the
21 Secretary shall notify the vehicle owner or registrant of any
22 request for the purchase of his or her title or registration
23 information.
24 The vehicle owner or registrant residence address and
25 other personally identifiable information on the record shall
26 not be disclosed. This nondisclosure shall not apply to
27 requests made by law enforcement officials, government
28 agencies, financial institutions, attorneys, insurers,
29 employers, automobile associated businesses, other business
30 entities for purposes consistent with the Illinois Vehicle
31 Code, the vehicle owner or registrant, or other entities as
32 the Secretary may exempt by rule and regulation. This
33 information may be withheld from the entities listed above,
34 except law enforcement and government agencies upon
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1 presentation of a valid court order of protection for the
2 duration of the order.
3 No information shall be released to the requestor until
4 expiration of a 10 day period. This 10 day period shall not
5 apply to requests for information made by law enforcement
6 officials, government agencies, financial institutions,
7 attorneys, insurers, employers, automobile associated
8 businesses, persons licensed as a private detective or firms
9 licensed as a private detective agency under the Private
10 Detective, Private Alarm, and Private Security Act of 1983,
11 who are employed by or are acting on behalf of law
12 enforcement officials, government agencies, financial
13 institutions, attorneys, insurers, employers, automobile
14 associated businesses, and other business entities for
15 purposes consistent with the Illinois Vehicle Code, the
16 vehicle owner or registrant or other entities as the
17 Secretary may exempt by rule and regulation.
18 Any misrepresentation made by a requestor of title or
19 vehicle information shall be punishable as a petty offense,
20 except in the case of persons licensed as a private detective
21 or firms licensed as a private detective agency which shall
22 be subject to disciplinary sanctions under Section 22 or 25
23 of the Private Detective, Private Alarm, and Private Security
24 Act of 1983.
25 (g) 1. The Secretary of State may, upon receipt of a
26 written request and a fee of $5, furnish to the person or
27 agency so requesting a driver's record. Such document
28 may include a record of: current driver's license
29 issuance information, except that the information on
30 judicial driving permits shall be available only as
31 otherwise provided by this Code; convictions; orders
32 entered revoking, suspending or cancelling a driver's
33 license or privilege; and notations of accident
34 involvement. All other information, unless otherwise
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1 permitted by this Code, shall remain confidential.
2 2. The Secretary of State may certify an abstract
3 of a driver's record upon written request therefor.
4 Such certification shall be made under the signature of
5 the Secretary of State and shall be authenticated by the
6 Seal of his office.
7 3. All requests for driving record information
8 shall be made in a manner prescribed by the Secretary.
9 The Secretary of State may notify the affected
10 driver of the request for purchase of his driver's record
11 as the Secretary deems appropriate.
12 The affected driver residence address and other
13 personally identifiable information on the record shall
14 not be disclosed. This nondisclosure shall not apply to
15 requests made by law enforcement officials, government
16 agencies, financial institutions, attorneys, insurers,
17 employers, automobile associated businesses, other
18 business entities for purposes consistent with the
19 Illinois Vehicle Code, the affected driver, or other
20 entities as the Secretary may exempt by rule and
21 regulation. This information may be withheld from the
22 entities listed above, except law enforcement and
23 government agencies, upon presentation of a valid court
24 order of protection for the duration of the order.
25 No information shall be released to the requester
26 until expiration of a 10 day period. This 10 day period
27 shall not apply to requests for information made by law
28 enforcement officials, government agencies, financial
29 institutions, attorneys, insurers, employers, automobile
30 associated businesses, persons licensed as a private
31 detective or firms licensed as a private detective agency
32 under the Private Detective, Private Alarm, and Private
33 Security Act of 1983, who are employed by or are acting
34 on behalf of law enforcement officials, government
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1 agencies, financial institutions, attorneys, insurers,
2 employers, automobile associated businesses, and other
3 business entities for purposes consistent with the
4 Illinois Vehicle Code, the affected driver or other
5 entities as the Secretary may exempt by rule and
6 regulation.
7 Any misrepresentation made by a requestor of driver
8 information shall be punishable as a petty offense,
9 except in the case of persons licensed as a private
10 detective or firms licensed as a private detective agency
11 which shall be subject to disciplinary sanctions under
12 Section 22 or 25 of the Private Detective, Private Alarm,
13 and Private Security Act of 1983.
14 4. The Secretary of State may furnish without fee,
15 upon the written request of a law enforcement agency, any
16 information from a driver's record on file with the
17 Secretary of State when such information is required in
18 the enforcement of this Code or any other law relating to
19 the operation of motor vehicles, including records of
20 dispositions; documented information involving the use of
21 a motor vehicle; whether such individual has, or
22 previously had, a driver's license; and the address and
23 personal description as reflected on said driver's
24 record.
25 5. Except as otherwise provided in this Section,
26 the Secretary of State may furnish, without fee,
27 information from an individual driver's record on file,
28 if a written request therefor is submitted by any public
29 transit system or authority, public defender, law
30 enforcement agency, a state or federal agency, or an
31 Illinois local intergovernmental association, if the
32 request is for the purpose of a background check of
33 applicants for employment with the requesting agency, or
34 for the purpose of an official investigation conducted by
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1 the agency, or to determine a current address for the
2 driver so public funds can be recovered or paid to the
3 driver, or for any other lawful purpose.
4 The Secretary may also furnish the courts a copy of
5 an abstract of a driver's record, without fee, subsequent
6 to an arrest for a violation of Section 11-501 or a
7 similar provision of a local ordinance. Such abstract
8 may include records of dispositions; documented
9 information involving the use of a motor vehicle as
10 contained in the current file; whether such individual
11 has, or previously had, a driver's license; and the
12 address and personal description as reflected on said
13 driver's record.
14 6. Any certified abstract issued by the Secretary
15 of State or transmitted electronically by the Secretary
16 of State pursuant to this Section, to a court or on
17 request of a law enforcement agency, for the record of a
18 named person as to the status of the person's driver's
19 license shall be prima facie evidence of the facts
20 therein stated and if the name appearing in such abstract
21 is the same as that of a person named in an information
22 or warrant, such abstract shall be prima facie evidence
23 that the person named in such information or warrant is
24 the same person as the person named in such abstract and
25 shall be admissible for any prosecution under this Code
26 and be admitted as proof of any prior conviction or proof
27 of records, notices, or orders recorded on individual
28 driving records maintained by the Secretary of State.
29 7. Subject to any restrictions contained in the
30 Juvenile Court Act of 1987, and upon receipt of a proper
31 request and a fee of $5, the Secretary of State shall
32 provide a driver's record to the affected driver, or the
33 affected driver's attorney, upon verification. Such
34 record shall contain all the information referred to in
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1 paragraph 1 of this subsection (g) plus: any recorded
2 accident involvement as a driver; information recorded
3 pursuant to subsection (e) of Section 6-117 and paragraph
4 4 of subsection (a) of Section 6-204 of this Code. All
5 other information, unless otherwise permitted by this
6 Code, shall remain confidential.
7 (h) The Secretary shall not disclose social security
8 numbers except pursuant to a written request by, or with the
9 prior written consent of, the individual except to: (1) to
10 officers and employees of the Secretary who have a need to
11 know the social security numbers in performance of their
12 official duties, (2) to law enforcement officials for a
13 lawful, civil or criminal law enforcement investigation, and
14 if the head of the law enforcement agency has made a written
15 request to the Secretary specifying the law enforcement
16 investigation for which the social security numbers are being
17 sought, (3) to the United States Department of
18 Transportation, or any other State, pursuant to the
19 administration and enforcement of the Commercial Motor
20 Vehicle Safety Act of 1986, (4) pursuant to the order of a
21 court of competent jurisdiction, or (5) to the Department of
22 Public Aid for utilization in the child support enforcement
23 duties assigned to that Department under provisions of the
24 Public Aid Code after the individual has received advanced
25 meaningful notification of what redisclosure is sought by the
26 Secretary in accordance with the federal Privacy Act;
27 provided, the redisclosure shall not be authorized by the
28 Secretary prior to September 30, 1992.
29 (i) The Secretary of State is empowered to promulgate
30 rules and regulations to effectuate this Section.
31 (j) Medical statements or medical reports received in
32 the Secretary of State's Office shall be confidential. No
33 confidential information may be open to public inspection or
34 the contents disclosed to anyone, except officers and
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1 employees of the Secretary who have a need to know the
2 information contained in the medical reports and the Driver
3 License Medical Advisory Board, unless so directed by an
4 order of a court of competent jurisdiction.
5 (k) All fees collected under this Section shall be paid
6 into the Road Fund of the State Treasury, except that $3 of
7 the $5 fee for a driver's record shall be paid into the
8 Secretary of State Special Services Fund.
9 (l) The Secretary of State shall report his
10 recommendations to the General Assembly by January 1, 1993,
11 regarding the sale and dissemination of the information
12 maintained by the Secretary, including the sale of lists of
13 driver and vehicle records.
14 (m) Notations of accident involvement that may be
15 disclosed under this Section shall not include notations
16 relating to damage to a vehicle or other property being
17 transported by a tow truck. This information shall remain
18 confidential, provided that nothing in this subsection (m)
19 shall limit disclosure of any notification of accident
20 involvement to any law enforcement agency or official.
21 (n) Requests made by the news media for driver's
22 license, vehicle, or title registration information may be
23 furnished without charge or at a reduced charge, as
24 determined by the Secretary, when the specific purpose for
25 requesting the documents is deemed to be in the public
26 interest. Waiver or reduction of the fee is in the public
27 interest if the principal purpose of the request is to access
28 and disseminate information regarding the health, safety, and
29 welfare or the legal rights of the general public and is not
30 for the principal purpose of gaining a personal or commercial
31 benefit.
32 (Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97;
33 90-330, eff. 8-8-97; 90-400, eff. 8-15-97; 90-655, eff.
34 7-30-98; revised 1-30-99.)
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1 Section 10. The Illinois Domestic Violence Act of 1986
2 is amended by changing Section 302 as follows:
3 (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
4 Sec. 302. Data maintenance by law enforcement agencies.
5 (a) All sheriffs shall furnish to the Department of
6 State Police, on the same day as received, in the form and
7 detail the Department requires, copies of any recorded
8 emergency, interim, or plenary orders of protection issued
9 by the court and transmitted to the sheriff by the clerk of
10 the court pursuant to subsection (b) of Section 222 of this
11 Act. Each order of protection shall be entered in the Law
12 Enforcement Automated Data System on the same day it is
13 issued by the court. If an emergency order of protection was
14 issued in accordance with subsection (c) of Section 217, the
15 order shall be entered in the Law Enforcement Automated Data
16 System as soon as possible after receipt from the clerk.
17 (b) The Department of State Police shall maintain a
18 complete and systematic record and index of all valid and
19 recorded orders of protection issued pursuant to this Act.
20 The data shall be used to inform all dispatchers and law
21 enforcement officers at the scene of an alleged incident of
22 abuse, neglect, or exploitation or violation of an order of
23 protection of any recorded prior incident of abuse, neglect,
24 or exploitation involving the abused, neglected, or exploited
25 party and the effective dates and terms of any recorded order
26 of protection. At least once a week the Department of State
27 Police shall transmit to the Secretary of State a copy of the
28 complete and systematic record and index of all valid and
29 recorded orders of protection for the purpose of enabling the
30 Secretary of State to notify a beneficiary of an order of
31 protection as required in subsection (f) of Section 2-123 of
32 the Illinois Vehicle Code.
33 (c) The data, records and transmittals required under
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1 this Section shall pertain to any valid emergency, interim or
2 plenary order of protection, whether issued in a civil or
3 criminal proceeding.
4 (Source: P.A. 90-392, eff. 1-1-98.)
5 Section 99. Effective date. This Act takes effect on
6 January 1, 2000.
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