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1 | AN ACT concerning identification cards.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Identification Card Act is amended | ||||||||||||||||||||||||||||||
5 | by changing Sections 4 and 11 as follows:
| ||||||||||||||||||||||||||||||
6 | (15 ILCS 335/4) (from Ch. 124, par. 24)
| ||||||||||||||||||||||||||||||
7 | Sec. 4. Identification Card.
| ||||||||||||||||||||||||||||||
8 | (a) The Secretary of State shall issue a
standard Illinois | ||||||||||||||||||||||||||||||
9 | Identification Card to any natural person who is a resident
of | ||||||||||||||||||||||||||||||
10 | the State of Illinois who applies for such card, or renewal | ||||||||||||||||||||||||||||||
11 | thereof,
or who applies for a standard Illinois Identification | ||||||||||||||||||||||||||||||
12 | Card upon release as a
committed person on parole, mandatory | ||||||||||||||||||||||||||||||
13 | supervised release, final discharge, or
pardon from the | ||||||||||||||||||||||||||||||
14 | Department of Corrections by submitting an identification card
| ||||||||||||||||||||||||||||||
15 | issued by the Department of Corrections under Section 3-14-1 of | ||||||||||||||||||||||||||||||
16 | the Unified
Code of Corrections,
together with the prescribed | ||||||||||||||||||||||||||||||
17 | fees. No identification card shall be issued to any person who | ||||||||||||||||||||||||||||||
18 | holds a valid
foreign state
identification card, license, or | ||||||||||||||||||||||||||||||
19 | permit unless the person first surrenders to
the Secretary of
| ||||||||||||||||||||||||||||||
20 | State the valid foreign state identification card, license, or | ||||||||||||||||||||||||||||||
21 | permit. The card shall be prepared and
supplied by the | ||||||||||||||||||||||||||||||
22 | Secretary of State and shall include a photograph of the
| ||||||||||||||||||||||||||||||
23 | applicant. The applicant, upon receipt of a card and prior to |
| |||||||
| |||||||
1 | its use
for any purpose, shall affix his signature thereon in | ||||||
2 | the space provided
therefor. The Illinois Identification Card | ||||||
3 | may be used for
identification purposes in any lawful situation | ||||||
4 | only by the person to
whom it was issued.
As used in this Act, | ||||||
5 | "photograph" means any color photograph or digitally
produced | ||||||
6 | and captured image of an applicant for an identification card. | ||||||
7 | As
used in this Act, "signature" means the name of a person as | ||||||
8 | written by that
person and captured in a manner acceptable to | ||||||
9 | the Secretary of State.
| ||||||
10 | (b) The Secretary of State shall issue a special Illinois
| ||||||
11 | Identification Card, which shall be known as an Illinois | ||||||
12 | Disabled Person
Identification Card, to any natural person who | ||||||
13 | is a resident of the State
of Illinois, who is a disabled | ||||||
14 | person as defined in Section 4A of this Act,
who applies for | ||||||
15 | such card, or renewal thereof. No Disabled Person | ||||||
16 | Identification Card shall be issued to any person who
holds a | ||||||
17 | valid
foreign state identification card, license, or permit | ||||||
18 | unless the person first
surrenders to the
Secretary of State | ||||||
19 | the valid foreign state identification card, license, or
| ||||||
20 | permit. The Secretary of State
shall charge no fee to issue | ||||||
21 | such card. The card shall be prepared and
supplied by the | ||||||
22 | Secretary of State, and shall include a photograph of the
| ||||||
23 | applicant, a designation indicating that the card is an | ||||||
24 | Illinois Disabled
Person Identification Card, and shall | ||||||
25 | include a comprehensible designation
of the type and | ||||||
26 | classification of the applicant's disability as set out in
|
| |||||||
| |||||||
1 | Section 4A of this Act. If the applicant so requests, the card | ||||||
2 | shall
include a description of the applicant's disability and | ||||||
3 | any information
about the applicant's disability or medical | ||||||
4 | history which the Secretary
determines would be helpful to the | ||||||
5 | applicant in securing emergency medical
care. The applicant, | ||||||
6 | upon receipt of such a card and prior to its use for
any | ||||||
7 | purpose, shall have affixed thereon in the space provided | ||||||
8 | therefor his
signature or mark. If a mark is used in lieu of a | ||||||
9 | signature, such mark
shall be affixed to the card in the | ||||||
10 | presence of two witnesses who attest to
the authenticity of the | ||||||
11 | mark. The Illinois
Disabled Person Identification Card may be | ||||||
12 | used for identification purposes
in any lawful situation by the | ||||||
13 | person to whom it was issued.
| ||||||
14 | The Illinois Disabled Person Identification Card may be | ||||||
15 | used as adequate
documentation of disability in lieu of a | ||||||
16 | physician's determination of
disability, a determination of | ||||||
17 | disability from a physician assistant who has
been delegated | ||||||
18 | the authority to make this determination by his or her
| ||||||
19 | supervising physician, a determination of disability from an | ||||||
20 | advanced practice
nurse who has a written collaborative | ||||||
21 | agreement with a collaborating physician
that
authorizes the | ||||||
22 | advanced practice nurse to make this determination, or any
| ||||||
23 | other documentation
of disability whenever
any
State law
| ||||||
24 | requires that a disabled person provide such documentation of | ||||||
25 | disability,
however an Illinois Disabled Person Identification | ||||||
26 | Card shall not qualify
the cardholder to participate in any |
| |||||||
| |||||||
1 | program or to receive any benefit
which is not available to all | ||||||
2 | persons with like disabilities.
Notwithstanding any other | ||||||
3 | provisions of law, an Illinois Disabled Person
Identification | ||||||
4 | Card, or evidence that the Secretary of State has issued an
| ||||||
5 | Illinois Disabled Person Identification Card, shall not be used | ||||||
6 | by any
person other than the person named on such card to prove | ||||||
7 | that the person
named on such card is a disabled person or for | ||||||
8 | any other purpose unless the
card is used for the benefit of | ||||||
9 | the person named on such card, and the
person named on such | ||||||
10 | card consents to such use at the time the card is so used.
| ||||||
11 | An optometrist's determination of a visual disability | ||||||
12 | under Section 4A of this Act is acceptable as documentation for | ||||||
13 | the purpose of issuing an Illinois Disabled Person | ||||||
14 | Identification Card. | ||||||
15 | When medical information is contained on an Illinois | ||||||
16 | Disabled Person
Identification Card, the Office of the | ||||||
17 | Secretary of State shall not be
liable for any actions taken | ||||||
18 | based upon that medical information.
| ||||||
19 | (c) Beginning January 1, 1986, the Secretary of State shall | ||||||
20 | provide
that each original or renewal Illinois Identification | ||||||
21 | Card or Illinois
Disabled Person Identification Card issued to | ||||||
22 | a person under the age of 21,
shall be of a distinct nature | ||||||
23 | from those Illinois Identification Cards or
Illinois Disabled | ||||||
24 | Person Identification Cards issued to individuals 21
years of | ||||||
25 | age or older. The color designated for Illinois Identification
| ||||||
26 | Cards or Illinois Disabled Person Identification Cards for |
| |||||||
| |||||||
1 | persons under
the age of 21 shall be at the discretion of the | ||||||
2 | Secretary of State.
| ||||||
3 | (c-1) Beginning January 1, 2003, each original or renewal | ||||||
4 | Illinois
Identification Card or Illinois Disabled Person | ||||||
5 | Identification Card issued to
a person under the age of 21 | ||||||
6 | shall display the date upon which the person
becomes 18 years | ||||||
7 | of age and the date upon which the person becomes 21 years of
| ||||||
8 | age.
| ||||||
9 | (d) The Secretary of State may issue a Senior Citizen
| ||||||
10 | discount card, to any natural person who is a resident of the | ||||||
11 | State of
Illinois who is 60 years of age or older and who | ||||||
12 | applies for such a card or
renewal thereof. The Secretary of | ||||||
13 | State shall charge no fee to issue such
card. The card shall be | ||||||
14 | issued in every county and applications shall be
made available | ||||||
15 | at, but not limited to, nutrition sites, senior citizen
centers | ||||||
16 | and Area Agencies on Aging. The applicant, upon receipt of such
| ||||||
17 | card and prior to its use for any purpose, shall have affixed | ||||||
18 | thereon in
the space provided therefor his signature or mark.
| ||||||
19 | (e) The Secretary of State, in his or her discretion, may | ||||||
20 | designate on each Illinois
Identification Card or Illinois | ||||||
21 | Disabled Person Identification Card a space where the card | ||||||
22 | holder may place a sticker or decal, issued by the Secretary of | ||||||
23 | State, of uniform size as the Secretary may specify, that shall | ||||||
24 | indicate in appropriate language that the card holder has | ||||||
25 | renewed his or her Illinois
Identification Card or Illinois | ||||||
26 | Disabled Person Identification Card. |
| |||||||
| |||||||
1 | (f) The Secretary of State shall designate on each | ||||||
2 | identification card issued under this Act
a space where the | ||||||
3 | word "veteran", on a distinct background, shall be placed at | ||||||
4 | the request of an applicant for an identification card who also | ||||||
5 | presents to the Secretary of State a written confirmation from | ||||||
6 | the Department of Veteran's Affairs that the applicant is a | ||||||
7 | veteran of the United States Armed Forces and was not | ||||||
8 | dishonorably discharged. | ||||||
9 | (Source: P.A. 95-762, eff. 1-1-09; 95-779, eff. 1-1-09; revised | ||||||
10 | 9-5-08.)
| ||||||
11 | (15 ILCS 335/11) (from Ch. 124, par. 31)
| ||||||
12 | Sec. 11. The Secretary may make a search of his records and | ||||||
13 | furnish
information as to whether a person has a current | ||||||
14 | Standard Illinois
Identification Card or an Illinois Disabled | ||||||
15 | Person Identification Card then on
file, upon receipt of a | ||||||
16 | written application therefor accompanied with the
prescribed | ||||||
17 | fee. However, the Secretary may not disclose medical
| ||||||
18 | information concerning an individual to any person, public | ||||||
19 | agency, private
agency, corporation or governmental body | ||||||
20 | unless the individual has
submitted a written request for the | ||||||
21 | information or unless the individual
has given prior written | ||||||
22 | consent for the release of the information to a
specific person | ||||||
23 | or entity. This exception shall not apply to: (1) offices
and | ||||||
24 | employees of the Secretary who have a need to know the medical
| ||||||
25 | information in performance of their official duties, or (2) |
| |||||||
| |||||||
1 | orders of a
court of competent jurisdiction. When medical | ||||||
2 | information is disclosed by
the Secretary in accordance with | ||||||
3 | the provisions of this Section, no
liability shall rest with | ||||||
4 | the Office of the Secretary of State as the
information is | ||||||
5 | released for informational purposes only. | ||||||
6 | The Secretary may release personally identifying | ||||||
7 | information or highly restricted personal information only to: | ||||||
8 | (1) officers and employees of the Secretary who have a | ||||||
9 | need to know that information; | ||||||
10 | (2) other governmental agencies for use in their | ||||||
11 | official governmental functions; | ||||||
12 | (3) law enforcement agencies that need the information | ||||||
13 | for a criminal or civil investigation; or | ||||||
14 | (4) any entity that the Secretary has authorized, by | ||||||
15 | rule, to receive this information. | ||||||
16 | The Secretary may not disclose an individual's social | ||||||
17 | security number or any associated information obtained from the | ||||||
18 | Social Security Administration without the written request or | ||||||
19 | consent of the individual except: (i) to officers and employees | ||||||
20 | of the Secretary who have a need to know the social security | ||||||
21 | number in the performance of their official duties; (ii) to law | ||||||
22 | enforcement officials for a lawful civil or criminal law | ||||||
23 | enforcement investigation if the head of the law enforcement | ||||||
24 | agency has made a written request to the Secretary specifying | ||||||
25 | the law enforcement investigation for which the social security | ||||||
26 | number is being sought; or (iii) under a lawful court order |
| |||||||
| |||||||
1 | signed by a judge ; or (iv) to the Department of Veterans' | ||||||
2 | Affairs for the purpose of confirming veteran status for | ||||||
3 | qualification for distinct identification cards .
| ||||||
4 | (Source: P.A. 93-895, eff. 1-1-05.)
| ||||||
5 | Section 10. The Illinois Vehicle Code is amended by | ||||||
6 | changing Sections 2-123 and 6-110 as follows:
| ||||||
7 | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
| ||||||
8 | Sec. 2-123. Sale and Distribution of Information.
| ||||||
9 | (a) Except as otherwise provided in this Section, the | ||||||
10 | Secretary may make the
driver's license, vehicle and title | ||||||
11 | registration lists, in part or in whole,
and any statistical | ||||||
12 | information derived from these lists available to local
| ||||||
13 | governments, elected state officials, state educational | ||||||
14 | institutions, and all
other governmental units of the State and | ||||||
15 | Federal
Government
requesting them for governmental purposes. | ||||||
16 | The Secretary shall require any such
applicant for services to | ||||||
17 | pay for the costs of furnishing such services and the
use of | ||||||
18 | the equipment involved, and in addition is empowered to | ||||||
19 | establish prices
and charges for the services so furnished and | ||||||
20 | for the use of the electronic
equipment utilized.
| ||||||
21 | (b) The Secretary is further empowered to and he may, in | ||||||
22 | his discretion,
furnish to any applicant, other than listed in | ||||||
23 | subsection (a) of this Section,
vehicle or driver data on a | ||||||
24 | computer tape, disk, other electronic format or
computer |
| |||||||
| |||||||
1 | processable medium, or printout at a fixed fee of
$250 for | ||||||
2 | orders received before October 1, 2003 and $500 for orders | ||||||
3 | received
on or after October 1, 2003, in advance, and require | ||||||
4 | in addition a
further sufficient
deposit based upon the | ||||||
5 | Secretary of State's estimate of the total cost of the
| ||||||
6 | information requested and a charge of $25 for orders received | ||||||
7 | before October
1, 2003 and $50 for orders received on or after | ||||||
8 | October 1, 2003, per 1,000
units or part
thereof identified or | ||||||
9 | the actual cost, whichever is greater. The Secretary is
| ||||||
10 | authorized to refund any difference between the additional | ||||||
11 | deposit and the
actual cost of the request. This service shall | ||||||
12 | not be in lieu of an abstract
of a driver's record nor of a | ||||||
13 | title or registration search. This service may
be limited to | ||||||
14 | entities purchasing a minimum number of records as required by
| ||||||
15 | administrative rule. The information
sold pursuant to this | ||||||
16 | subsection shall be the entire vehicle or driver data
list, or | ||||||
17 | part thereof. The information sold pursuant to this subsection
| ||||||
18 | shall not contain personally identifying information unless | ||||||
19 | the information is
to be used for one of the purposes | ||||||
20 | identified in subsection (f-5) of this
Section. Commercial | ||||||
21 | purchasers of driver and vehicle record databases shall
enter | ||||||
22 | into a written agreement with the Secretary of State that | ||||||
23 | includes
disclosure of the commercial use of the information to | ||||||
24 | be purchased. | ||||||
25 | (b-1) The Secretary is further empowered to and may, in his | ||||||
26 | or her discretion, furnish vehicle or driver data on a computer |
| |||||||
| |||||||
1 | tape, disk, or other electronic format or computer processible | ||||||
2 | medium, at no fee, to any State or local governmental agency | ||||||
3 | that uses the information provided by the Secretary to transmit | ||||||
4 | data back to the Secretary that enables the Secretary to | ||||||
5 | maintain accurate driving records, including dispositions of | ||||||
6 | traffic cases. This information may be provided without fee not | ||||||
7 | more often than once every 6 months.
| ||||||
8 | (c) Secretary of State may issue registration lists. The | ||||||
9 | Secretary
of State may compile a list of all registered
| ||||||
10 | vehicles. Each list of registered vehicles shall be arranged | ||||||
11 | serially
according to the registration numbers assigned to | ||||||
12 | registered vehicles and
may contain in addition the names and | ||||||
13 | addresses of registered owners and
a brief description of each | ||||||
14 | vehicle including the serial or other
identifying number | ||||||
15 | thereof. Such compilation may be in such form as in the
| ||||||
16 | discretion of the Secretary of State may seem best for the | ||||||
17 | purposes intended.
| ||||||
18 | (d) The Secretary of State shall furnish no more than 2 | ||||||
19 | current available
lists of such registrations to the sheriffs | ||||||
20 | of all counties and to the chiefs
of police of all cities and | ||||||
21 | villages and towns of 2,000 population and over
in this State | ||||||
22 | at no cost. Additional copies may be purchased by the sheriffs
| ||||||
23 | or chiefs of police at the fee
of $500 each or at the cost of | ||||||
24 | producing the list as determined
by the Secretary of State. | ||||||
25 | Such lists are to be used for governmental
purposes only.
| ||||||
26 | (e) (Blank).
|
| |||||||
| |||||||
1 | (e-1) (Blank).
| ||||||
2 | (f) The Secretary of State shall make a title or | ||||||
3 | registration search of the
records of his office and a written | ||||||
4 | report on the same for any person, upon
written application of | ||||||
5 | such person, accompanied by a fee of $5 for
each registration | ||||||
6 | or title search. The written application shall set forth
the | ||||||
7 | intended use of the requested information. No fee shall be | ||||||
8 | charged for a
title or
registration search, or for the | ||||||
9 | certification thereof requested by a government
agency. The | ||||||
10 | report of the title or registration search shall not contain
| ||||||
11 | personally identifying information unless the request for a | ||||||
12 | search was made for
one of the purposes identified in | ||||||
13 | subsection (f-5) of this Section. The report of the title or | ||||||
14 | registration search shall not contain highly
restricted | ||||||
15 | personal
information unless specifically authorized by this | ||||||
16 | Code.
| ||||||
17 | The Secretary of State shall certify a title or | ||||||
18 | registration record upon
written request. The fee for | ||||||
19 | certification shall be $5 in addition
to the fee required for a | ||||||
20 | title or registration search. Certification shall
be made under | ||||||
21 | the signature of the Secretary of State and shall be
| ||||||
22 | authenticated by Seal of the Secretary of State.
| ||||||
23 | The Secretary of State may notify the vehicle owner or | ||||||
24 | registrant of
the request for purchase of his title or | ||||||
25 | registration information as the
Secretary deems appropriate.
| ||||||
26 | No information shall be released to the requestor until |
| |||||||
| |||||||
1 | expiration of a
10 day period. This 10 day period shall not | ||||||
2 | apply to requests for
information made by law enforcement | ||||||
3 | officials, government agencies,
financial institutions, | ||||||
4 | attorneys, insurers, employers, automobile
associated | ||||||
5 | businesses, persons licensed as a private detective or firms
| ||||||
6 | licensed as a private detective agency under the Private | ||||||
7 | Detective, Private
Alarm, Private Security, Fingerprint | ||||||
8 | Vendor, and Locksmith Act of 2004, who are employed by or are
| ||||||
9 | acting on
behalf of law enforcement officials, government | ||||||
10 | agencies, financial
institutions, attorneys, insurers, | ||||||
11 | employers, automobile associated businesses,
and other | ||||||
12 | business entities for purposes consistent with the Illinois | ||||||
13 | Vehicle
Code, the vehicle owner or registrant or other entities | ||||||
14 | as the Secretary may
exempt by rule and regulation.
| ||||||
15 | Any misrepresentation made by a requestor of title or | ||||||
16 | vehicle information
shall be punishable as a petty offense, | ||||||
17 | except in the case of persons
licensed as a private detective | ||||||
18 | or firms licensed as a private detective agency
which shall be | ||||||
19 | subject to disciplinary sanctions under Section 40-10 of the
| ||||||
20 | Private Detective, Private Alarm, Private Security, | ||||||
21 | Fingerprint Vendor, and Locksmith Act of 2004.
| ||||||
22 | (f-5) The Secretary of State shall not disclose or | ||||||
23 | otherwise make
available to
any person or entity any personally | ||||||
24 | identifying information obtained by the
Secretary
of State in | ||||||
25 | connection with a driver's license, vehicle, or title | ||||||
26 | registration
record
unless the information is disclosed for one |
| |||||||
| |||||||
1 | of the following purposes:
| ||||||
2 | (1) For use by any government agency, including any | ||||||
3 | court or law
enforcement agency, in carrying out its | ||||||
4 | functions, or any private person or
entity acting on behalf | ||||||
5 | of a federal, State, or local agency in carrying out
its
| ||||||
6 | functions.
| ||||||
7 | (2) For use in connection with matters of motor vehicle | ||||||
8 | or driver safety
and theft; motor vehicle emissions; motor | ||||||
9 | vehicle product alterations, recalls,
or advisories; | ||||||
10 | performance monitoring of motor vehicles, motor vehicle | ||||||
11 | parts,
and dealers; and removal of non-owner records from | ||||||
12 | the original owner
records of motor vehicle manufacturers.
| ||||||
13 | (3) For use in the normal course of business by a | ||||||
14 | legitimate business or
its agents, employees, or | ||||||
15 | contractors, but only:
| ||||||
16 | (A) to verify the accuracy of personal information | ||||||
17 | submitted by
an individual to the business or its | ||||||
18 | agents, employees, or contractors;
and
| ||||||
19 | (B) if such information as so submitted is not | ||||||
20 | correct or is no
longer correct, to obtain the correct | ||||||
21 | information, but only for the
purposes of preventing | ||||||
22 | fraud by, pursuing legal remedies against, or
| ||||||
23 | recovering on a debt or security interest against, the | ||||||
24 | individual.
| ||||||
25 | (4) For use in research activities and for use in | ||||||
26 | producing statistical
reports, if the personally |
| |||||||
| |||||||
1 | identifying information is not published,
redisclosed, or | ||||||
2 | used to
contact individuals.
| ||||||
3 | (5) For use in connection with any civil, criminal, | ||||||
4 | administrative, or
arbitral proceeding in any federal, | ||||||
5 | State, or local court or agency or before
any
| ||||||
6 | self-regulatory body, including the service of process, | ||||||
7 | investigation in
anticipation of litigation, and the | ||||||
8 | execution or enforcement of judgments and
orders, or | ||||||
9 | pursuant to an order of a federal, State, or local court.
| ||||||
10 | (6) For use by any insurer or insurance support | ||||||
11 | organization or by a
self-insured entity or its agents, | ||||||
12 | employees, or contractors in connection with
claims | ||||||
13 | investigation activities, antifraud activities, rating, or | ||||||
14 | underwriting.
| ||||||
15 | (7) For use in providing notice to the owners of towed | ||||||
16 | or
impounded vehicles.
| ||||||
17 | (8) For use by any person licensed as a private | ||||||
18 | detective or firm licensed as a private
detective agency | ||||||
19 | under
the Private Detective, Private Alarm, Private | ||||||
20 | Security, Fingerprint Vendor, and Locksmith Act of
2004, | ||||||
21 | private investigative agency or security service
licensed | ||||||
22 | in Illinois for any purpose permitted under this | ||||||
23 | subsection.
| ||||||
24 | (9) For use by an employer or its agent or insurer to | ||||||
25 | obtain or verify
information relating to a holder of a | ||||||
26 | commercial driver's license that is
required under chapter |
| |||||||
| |||||||
1 | 313 of title 49 of the United States Code.
| ||||||
2 | (10) For use in connection with the operation of | ||||||
3 | private toll
transportation facilities.
| ||||||
4 | (11) For use by any requester, if the requester | ||||||
5 | demonstrates it has
obtained the written consent of the | ||||||
6 | individual to whom the information
pertains.
| ||||||
7 | (12) For use by members of the news media, as defined | ||||||
8 | in
Section 1-148.5, for the purpose of newsgathering when | ||||||
9 | the request relates to
the
operation of a motor vehicle or | ||||||
10 | public safety.
| ||||||
11 | (13) For any other use specifically authorized by law, | ||||||
12 | if that use is
related to the operation of a motor vehicle | ||||||
13 | or public safety. | ||||||
14 | (f-6) The Secretary of State shall not disclose or | ||||||
15 | otherwise make
available to any
person or entity any highly | ||||||
16 | restricted personal information obtained by the
Secretary of
| ||||||
17 | State in connection with a driver's license, vehicle, or
title | ||||||
18 | registration
record unless
specifically authorized by this | ||||||
19 | Code.
| ||||||
20 | (g) 1. The Secretary of State may, upon receipt of a | ||||||
21 | written request
and a fee of $6 before October 1, 2003 and | ||||||
22 | a fee of $12 on and after October
1, 2003, furnish to the | ||||||
23 | person or agency so requesting a
driver's record. Such | ||||||
24 | document may include a record of: current driver's
license | ||||||
25 | issuance information, except that the information on | ||||||
26 | judicial driving
permits shall be available only as |
| |||||||
| |||||||
1 | otherwise provided by this Code;
convictions; orders | ||||||
2 | entered revoking, suspending or cancelling a
driver's
| ||||||
3 | license or privilege; and notations of accident | ||||||
4 | involvement. All other
information, unless otherwise | ||||||
5 | permitted by
this Code, shall remain confidential. | ||||||
6 | Information released pursuant to a
request for a driver's | ||||||
7 | record shall not contain personally identifying
| ||||||
8 | information, unless the request for the driver's record was | ||||||
9 | made for one of the
purposes set forth in subsection (f-5) | ||||||
10 | of this Section. The Secretary of State may, without fee, | ||||||
11 | allow a parent or guardian of a person under the age of 18 | ||||||
12 | years, who holds an instruction permit or graduated | ||||||
13 | driver's license, to view that person's driving record | ||||||
14 | online, through a computer connection.
The parent or | ||||||
15 | guardian's online access to the driving record will | ||||||
16 | terminate when the instruction permit or graduated | ||||||
17 | driver's license holder reaches the age of 18.
| ||||||
18 | 2. The Secretary of State shall not disclose or | ||||||
19 | otherwise make available
to any
person or
entity any highly | ||||||
20 | restricted personal information obtained by the Secretary | ||||||
21 | of
State in
connection with a driver's license, vehicle, or | ||||||
22 | title
registration record
unless specifically
authorized | ||||||
23 | by this Code. The Secretary of State may certify an | ||||||
24 | abstract of a driver's record
upon written request | ||||||
25 | therefor. Such certification
shall be made under the | ||||||
26 | signature of the Secretary of State and shall be
|
| |||||||
| |||||||
1 | authenticated by the Seal of his office.
| ||||||
2 | 3. All requests for driving record information shall be | ||||||
3 | made in a manner
prescribed by the Secretary and shall set | ||||||
4 | forth the intended use of the
requested information.
| ||||||
5 | The Secretary of State may notify the affected driver | ||||||
6 | of the request
for purchase of his driver's record as the | ||||||
7 | Secretary deems appropriate.
| ||||||
8 | No information shall be released to the requester until | ||||||
9 | expiration of a
10 day period. This 10 day period shall not | ||||||
10 | apply to requests for information
made by law enforcement | ||||||
11 | officials, government agencies, financial institutions,
| ||||||
12 | attorneys, insurers, employers, automobile associated | ||||||
13 | businesses, persons
licensed as a private detective or | ||||||
14 | firms licensed as a private detective agency
under the | ||||||
15 | Private Detective, Private Alarm, Private Security, | ||||||
16 | Fingerprint Vendor, and Locksmith Act
of 2004,
who are | ||||||
17 | employed by or are acting on behalf of law enforcement | ||||||
18 | officials,
government agencies, financial institutions, | ||||||
19 | attorneys, insurers, employers,
automobile associated | ||||||
20 | businesses, and other business entities for purposes
| ||||||
21 | consistent with the Illinois Vehicle Code, the affected | ||||||
22 | driver or other
entities as the Secretary may exempt by | ||||||
23 | rule and regulation.
| ||||||
24 | Any misrepresentation made by a requestor of driver | ||||||
25 | information shall
be punishable as a petty offense, except | ||||||
26 | in the case of persons licensed as
a private detective or |
| |||||||
| |||||||
1 | firms licensed as a private detective agency which shall
be | ||||||
2 | subject to disciplinary sanctions under Section 40-10 of | ||||||
3 | the Private
Detective, Private Alarm, Private Security, | ||||||
4 | Fingerprint Vendor, and Locksmith Act of 2004.
| ||||||
5 | 4. The Secretary of State may furnish without fee, upon | ||||||
6 | the written
request of a law enforcement agency, any | ||||||
7 | information from a driver's
record on file with the | ||||||
8 | Secretary of State when such information is required
in the | ||||||
9 | enforcement of this Code or any other law relating to the | ||||||
10 | operation
of motor vehicles, including records of | ||||||
11 | dispositions; documented
information involving the use of | ||||||
12 | a motor vehicle; whether such individual
has, or previously | ||||||
13 | had, a driver's license; and the address and personal
| ||||||
14 | description as reflected on said driver's record.
| ||||||
15 | 5. Except as otherwise provided in this Section, the | ||||||
16 | Secretary of
State may furnish, without fee, information | ||||||
17 | from an individual driver's
record on file, if a written | ||||||
18 | request therefor is submitted
by any public transit system | ||||||
19 | or authority, public defender, law enforcement
agency, a | ||||||
20 | state or federal agency, or an Illinois local | ||||||
21 | intergovernmental
association, if the request is for the | ||||||
22 | purpose of a background check of
applicants for employment | ||||||
23 | with the requesting agency, or for the purpose of
an | ||||||
24 | official investigation conducted by the agency, or to | ||||||
25 | determine a
current address for the driver so public funds | ||||||
26 | can be recovered or paid to
the driver, or for any other |
| |||||||
| |||||||
1 | purpose set forth in subsection (f-5)
of this Section.
| ||||||
2 | The Secretary may also furnish the courts a copy of an | ||||||
3 | abstract of a
driver's record, without fee, subsequent to | ||||||
4 | an arrest for a violation of
Section 11-501 or a similar | ||||||
5 | provision of a local ordinance. Such abstract
may include | ||||||
6 | records of dispositions; documented information involving
| ||||||
7 | the use of a motor vehicle as contained in the current | ||||||
8 | file; whether such
individual has, or previously had, a | ||||||
9 | driver's license; and the address and
personal description | ||||||
10 | as reflected on said driver's record.
| ||||||
11 | 6. Any certified abstract issued by the Secretary of | ||||||
12 | State or
transmitted electronically by the Secretary of | ||||||
13 | State pursuant to this
Section,
to a court or on request of | ||||||
14 | a law enforcement agency, for the record of a
named person | ||||||
15 | as to the status of the person's driver's license shall be
| ||||||
16 | prima facie evidence of the facts therein stated and if the | ||||||
17 | name appearing
in such abstract is the same as that of a | ||||||
18 | person named in an information or
warrant, such abstract | ||||||
19 | shall be prima facie evidence that the person named
in such | ||||||
20 | information or warrant is the same person as the person | ||||||
21 | named in
such abstract and shall be admissible for any | ||||||
22 | prosecution under this Code and
be admitted as proof of any | ||||||
23 | prior conviction or proof of records, notices, or
orders | ||||||
24 | recorded on individual driving records maintained by the | ||||||
25 | Secretary of
State.
| ||||||
26 | 7. Subject to any restrictions contained in the |
| |||||||
| |||||||
1 | Juvenile Court Act of
1987, and upon receipt of a proper | ||||||
2 | request and a fee of $6 before October 1,
2003 and a fee of | ||||||
3 | $12 on or after October 1, 2003, the
Secretary of
State | ||||||
4 | shall provide a driver's record to the affected driver, or | ||||||
5 | the affected
driver's attorney, upon verification. Such | ||||||
6 | record shall contain all the
information referred to in | ||||||
7 | paragraph 1 of this subsection (g) plus: any
recorded | ||||||
8 | accident involvement as a driver; information recorded | ||||||
9 | pursuant to
subsection (e) of Section 6-117 and paragraph | ||||||
10 | (4) of subsection (a) of
Section 6-204 of this Code. All | ||||||
11 | other information, unless otherwise permitted
by this | ||||||
12 | Code, shall remain confidential.
| ||||||
13 | (h) The Secretary shall not disclose social security | ||||||
14 | numbers or any associated information obtained from the Social | ||||||
15 | Security Administration except pursuant
to a written request | ||||||
16 | by, or with the prior written consent of, the
individual | ||||||
17 | except: (1) to officers and employees of the Secretary
who
have | ||||||
18 | a need to know the social security numbers in performance of | ||||||
19 | their
official duties, (2) to law enforcement officials for a | ||||||
20 | lawful, civil or
criminal law enforcement investigation, and if | ||||||
21 | the head of the law enforcement
agency has made a written | ||||||
22 | request to the Secretary specifying the law
enforcement | ||||||
23 | investigation for which the social security numbers are being
| ||||||
24 | sought, (3) to the United States Department of Transportation, | ||||||
25 | or any other
State, pursuant to the administration and | ||||||
26 | enforcement of the Commercial
Motor Vehicle Safety Act of 1986, |
| |||||||
| |||||||
1 | (4) pursuant to the order of a court
of competent jurisdiction, | ||||||
2 | or (5) to the Department of Healthcare and Family Services | ||||||
3 | (formerly Department of Public Aid) for
utilization
in the | ||||||
4 | child support enforcement duties assigned to that Department | ||||||
5 | under
provisions of the Illinois Public Aid Code after the | ||||||
6 | individual has received advanced
meaningful notification of | ||||||
7 | what redisclosure is sought by the Secretary in
accordance with | ||||||
8 | the federal Privacy Act , or (6) to the Department of Veterans' | ||||||
9 | Affairs for the purpose of confirming veteran status for | ||||||
10 | qualification for special license plates and distinct driver's | ||||||
11 | licenses .
| ||||||
12 | (i) (Blank).
| ||||||
13 | (j) Medical statements or medical reports received in the | ||||||
14 | Secretary of
State's Office shall be confidential. No | ||||||
15 | confidential information may be
open to public inspection or | ||||||
16 | the contents disclosed to anyone, except
officers and employees | ||||||
17 | of the Secretary who have a need to know the information
| ||||||
18 | contained in the medical reports and the Driver License Medical | ||||||
19 | Advisory
Board, unless so directed by an order of a court of | ||||||
20 | competent jurisdiction.
| ||||||
21 | (k) All fees collected under this Section shall be paid | ||||||
22 | into the Road
Fund of the State Treasury, except that (i) for | ||||||
23 | fees collected before October
1, 2003, $3 of the $6 fee for a
| ||||||
24 | driver's record shall be paid into the Secretary of State | ||||||
25 | Special Services
Fund, (ii) for fees collected on and after | ||||||
26 | October 1, 2003, of the $12 fee
for a driver's record, $3 shall |
| |||||||
| |||||||
1 | be paid into the Secretary of State Special
Services Fund and | ||||||
2 | $6 shall be paid into the General Revenue Fund, and (iii) for
| ||||||
3 | fees collected on and after October 1, 2003, 50% of the amounts | ||||||
4 | collected
pursuant to subsection (b) shall be paid into the | ||||||
5 | General Revenue Fund.
| ||||||
6 | (l) (Blank).
| ||||||
7 | (m) Notations of accident involvement that may be disclosed | ||||||
8 | under this
Section shall not include notations relating to | ||||||
9 | damage to a vehicle or other
property being transported by a | ||||||
10 | tow truck. This information shall remain
confidential, | ||||||
11 | provided that nothing in this subsection (m) shall limit
| ||||||
12 | disclosure of any notification of accident involvement to any | ||||||
13 | law enforcement
agency or official.
| ||||||
14 | (n) Requests made by the news media for driver's license, | ||||||
15 | vehicle, or
title registration information may be furnished | ||||||
16 | without charge or at a reduced
charge, as determined by the | ||||||
17 | Secretary, when the specific purpose for
requesting the | ||||||
18 | documents is deemed to be in the public interest. Waiver or
| ||||||
19 | reduction of the fee is in the public interest if the principal | ||||||
20 | purpose of the
request is to access and disseminate information | ||||||
21 | regarding the health, safety,
and welfare or the legal rights | ||||||
22 | of the general public and is not for the
principal purpose of | ||||||
23 | gaining a personal or commercial benefit.
The information | ||||||
24 | provided pursuant to this subsection shall not contain
| ||||||
25 | personally identifying information unless the information is | ||||||
26 | to be used for one
of the
purposes identified in subsection |
| |||||||
| |||||||
1 | (f-5) of this Section.
| ||||||
2 | (o) The redisclosure of personally identifying information
| ||||||
3 | obtained
pursuant
to this Section is prohibited, except to the | ||||||
4 | extent necessary to effectuate the
purpose
for which the | ||||||
5 | original disclosure of the information was permitted.
| ||||||
6 | (p) The Secretary of State is empowered to adopt rules
to
| ||||||
7 | effectuate this Section.
| ||||||
8 | (Source: P.A. 94-56, eff. 6-17-05; 95-201, eff. 1-1-08; 95-287, | ||||||
9 | eff. 1-1-08; 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | ||||||
10 | 95-876, eff. 8-21-08.)
| ||||||
11 | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| ||||||
12 | Sec. 6-110. Licenses issued to drivers.
| ||||||
13 | (a) The Secretary of State shall issue to every qualifying | ||||||
14 | applicant a
driver's license as applied for, which license | ||||||
15 | shall bear a
distinguishing
number assigned to the licensee, | ||||||
16 | the legal name,
zip
code, date of birth, residence address, and | ||||||
17 | a brief description of the
licensee, and
a space where the | ||||||
18 | licensee may write his usual signature.
| ||||||
19 | Licenses issued shall also indicate the classification and
| ||||||
20 | the restrictions under Section 6-104 of this Code.
| ||||||
21 | In lieu of the social security number, the Secretary may in | ||||||
22 | his
discretion substitute a federal tax number or other | ||||||
23 | distinctive number.
| ||||||
24 | A driver's license issued may, in the discretion of the | ||||||
25 | Secretary,
include a suitable photograph of a type prescribed |
| |||||||
| |||||||
1 | by the Secretary.
| ||||||
2 | (a-1) If the licensee is less than 18 years of age, unless | ||||||
3 | one of the exceptions in subsection (a-2) apply, the license | ||||||
4 | shall, as a matter of law, be invalid for the operation of any | ||||||
5 | motor vehicle during the following times: | ||||||
6 | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | ||||||
7 | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||||||
8 | Sunday; and | ||||||
9 | (C) Between 10:00 p.m. on Sunday to Thursday, | ||||||
10 | inclusive, and 6:00 a.m. on the following day. | ||||||
11 | (a-2) The driver's license of a person under the age of 18 | ||||||
12 | shall not be invalid as described in subsection (a-1) of this | ||||||
13 | Section if the licensee under the age of 18 was: | ||||||
14 | (1) accompanied by the licensee's parent or guardian or | ||||||
15 | other person in custody or control of the minor; | ||||||
16 | (2) on an errand at the direction of the minor's parent | ||||||
17 | or guardian, without any detour or stop; | ||||||
18 | (3) in a motor vehicle involved in interstate travel; | ||||||
19 | (4) going to or returning home from an employment | ||||||
20 | activity, without any detour or stop; | ||||||
21 | (5) involved in an emergency; | ||||||
22 | (6) going to or returning home from, without any detour | ||||||
23 | or stop, an official school, religious, or other | ||||||
24 | recreational activity supervised by adults and sponsored | ||||||
25 | by a government or governmental agency, a civic | ||||||
26 | organization, or another similar entity that takes |
| |||||||
| |||||||
1 | responsibility for the licensee, without any detour or | ||||||
2 | stop; | ||||||
3 | (7) exercising First Amendment rights protected by the | ||||||
4 | United States Constitution, such as the free exercise of | ||||||
5 | religion, freedom of speech, and the right of assembly; or | ||||||
6 | (8) married or had been married or is an emancipated | ||||||
7 | minor under the Emancipation of Minors Act. | ||||||
8 | (a-2.5) The driver's license of a person who is 17 years of | ||||||
9 | age and has been licensed for at least 12 months is not invalid | ||||||
10 | as described in subsection (a-1) of this Section while the | ||||||
11 | licensee is participating as an assigned driver in a Safe Rides | ||||||
12 | program that meets the following criteria: | ||||||
13 | (1) the program is sponsored by the Boy Scouts of | ||||||
14 | America or another national public service organization; | ||||||
15 | and | ||||||
16 | (2) the sponsoring organization carries liability | ||||||
17 | insurance covering the program. | ||||||
18 | (a-3) If a graduated driver's license holder over the age | ||||||
19 | of 18 committed an offense against traffic regulations | ||||||
20 | governing the movement of vehicles or any violation of Section | ||||||
21 | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | ||||||
22 | the graduated driver's license holder's 18th birthday, and was | ||||||
23 | subsequently convicted of the offense, the provisions of | ||||||
24 | subsection (a-1) shall continue to apply until such time as a | ||||||
25 | period of 6 consecutive months has elapsed without an | ||||||
26 | additional violation and subsequent conviction of an offense |
| |||||||
| |||||||
1 | against traffic regulations governing the movement of vehicles | ||||||
2 | or Section 6-107 or Section 12-603.1 of this Code.
| ||||||
3 | (b) Until the Secretary of State establishes a First Person | ||||||
4 | Consent organ and tissue donor registry under Section 6-117 of | ||||||
5 | this Code, the Secretary of State shall provide a format on the | ||||||
6 | reverse of
each driver's license issued which the licensee may | ||||||
7 | use to execute a document
of gift conforming to the provisions | ||||||
8 | of the Illinois Anatomical Gift Act.
The format shall allow the | ||||||
9 | licensee to indicate the gift intended, whether
specific | ||||||
10 | organs, any organ, or the entire body, and shall accommodate | ||||||
11 | the
signatures of the donor and 2 witnesses. The Secretary | ||||||
12 | shall also inform
each applicant or licensee of this format, | ||||||
13 | describe the procedure for its
execution, and may offer the | ||||||
14 | necessary witnesses; provided that in so doing,
the Secretary | ||||||
15 | shall advise the applicant or licensee that he or she is
under | ||||||
16 | no compulsion to execute a document of gift. A brochure
| ||||||
17 | explaining this method of executing an anatomical gift document | ||||||
18 | shall be given
to each applicant or licensee. The brochure | ||||||
19 | shall advise the applicant or
licensee that he or she is under | ||||||
20 | no compulsion to execute a document of
gift, and that he or she | ||||||
21 | may wish to consult with family, friends or clergy
before doing | ||||||
22 | so. The Secretary of State may undertake additional efforts,
| ||||||
23 | including education and awareness activities, to promote organ | ||||||
24 | and tissue
donation.
| ||||||
25 | (c) The Secretary of State shall designate on each driver's | ||||||
26 | license issued
a space where the licensee may place a sticker |
| |||||||
| |||||||
1 | or decal of the uniform
size as the Secretary may specify, | ||||||
2 | which sticker or decal may indicate in
appropriate language | ||||||
3 | that the owner of the license carries an Emergency
Medical | ||||||
4 | Information Card.
| ||||||
5 | The sticker may be provided by any person, hospital, | ||||||
6 | school,
medical group, or association interested in assisting | ||||||
7 | in implementing
the Emergency Medical Information Card, but | ||||||
8 | shall meet the specifications
as the Secretary may by rule or | ||||||
9 | regulation require.
| ||||||
10 | (c-5) The Secretary of State shall designate on each | ||||||
11 | driver's license issued
under this Chapter a space where the | ||||||
12 | word "veteran", on a distinct background, shall be placed at | ||||||
13 | the request of an applicant for a driver's license who also | ||||||
14 | presents to the Secretary of State a written confirmation from | ||||||
15 | the Department of Veteran's Affairs that the applicant is a | ||||||
16 | veteran of the United States Armed Forces and was not | ||||||
17 | dishonorably discharged. | ||||||
18 | (d) The Secretary of State shall designate on each driver's | ||||||
19 | license issued
a space where the licensee may indicate his | ||||||
20 | blood type and RH factor.
| ||||||
21 | (e) The Secretary of State shall provide
that each original | ||||||
22 | or renewal driver's license issued to a licensee under
21 years | ||||||
23 | of age shall be of a distinct nature from those driver's | ||||||
24 | licenses
issued to individuals 21 years of age and older. The | ||||||
25 | color designated for
driver's licenses for licensees under 21 | ||||||
26 | years of age shall be at the
discretion of the Secretary of |
| |||||||
| |||||||
1 | State.
| ||||||
2 | (e-1) The Secretary shall provide that each driver's | ||||||
3 | license issued to a
person under the age of 21 displays the | ||||||
4 | date upon which the person becomes 18
years of age and the date | ||||||
5 | upon which the person becomes 21 years of age.
| ||||||
6 | (f) The Secretary of State shall inform all Illinois | ||||||
7 | licensed
commercial motor vehicle operators of the | ||||||
8 | requirements of the Uniform
Commercial Driver License Act, | ||||||
9 | Article V of this Chapter, and shall make
provisions to insure | ||||||
10 | that all drivers, seeking to obtain a commercial
driver's | ||||||
11 | license, be afforded an opportunity prior to April 1, 1992, to
| ||||||
12 | obtain the license. The Secretary is authorized to extend
| ||||||
13 | driver's license expiration dates, and assign specific times, | ||||||
14 | dates and
locations where these commercial driver's tests shall | ||||||
15 | be conducted. Any
applicant, regardless of the current | ||||||
16 | expiration date of the applicant's
driver's license, may be | ||||||
17 | subject to any assignment by the Secretary.
Failure to comply | ||||||
18 | with the Secretary's assignment may result in the
applicant's | ||||||
19 | forfeiture of an opportunity to receive a commercial driver's
| ||||||
20 | license prior to April 1, 1992.
| ||||||
21 | (g) The Secretary of State shall designate on a
driver's | ||||||
22 | license issued, a space where the licensee may indicate that he | ||||||
23 | or
she has drafted a living will in accordance with the | ||||||
24 | Illinois Living Will
Act or a durable power of attorney for | ||||||
25 | health care in accordance with the
Illinois Power of Attorney | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (g-1) The Secretary of State, in his or her discretion, may | ||||||
2 | designate on
each driver's license issued a space where the | ||||||
3 | licensee may place a sticker or
decal, issued by the Secretary | ||||||
4 | of State, of uniform size as the Secretary may
specify, that | ||||||
5 | shall indicate in appropriate language that the owner of the
| ||||||
6 | license has renewed his or her driver's license.
| ||||||
7 | (h) A person who acts in good faith in accordance with the | ||||||
8 | terms of
this Section is not liable for damages in any civil | ||||||
9 | action or subject to
prosecution in any criminal proceeding for | ||||||
10 | his or her act.
| ||||||
11 | (Source: P.A. 94-75, eff. 1-1-06; 94-930, eff. 6-26-06; 95-310, | ||||||
12 | eff. 1-1-08; 95-747, eff. 7-22-08.)
| ||||||
13 | Section 99. Effective date. This Act takes effect January | ||||||
14 | 1, 2010.
|