Illinois General Assembly - Full Text of SB2978
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Full Text of SB2978  103rd General Assembly



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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 by changing
5Section 1-100 and adding Article 2A as follows:
6    (625 ILCS 5/1-100)  (from Ch. 95 1/2, par. 1-100)
7    Sec. 1-100. Short Title. This Act may be cited as the
8Illinois Vehicle Code.
9    Portions of this Act may likewise be cited by a short title
10as follows:
11    Chapters 2, 3, 4 and 5: the Illinois Vehicle Title &
12Registration Law.
13    Chapter 2A: the Driver and Motor Vehicle Record Data
14Privacy Law.
15    Chapter 6: the Illinois Driver Licensing Law.
16    Chapter 7: the Illinois Safety and Family Financial
17Responsibility Law.
18    Chapter 11: the Illinois Rules of the Road.
19    Chapter 12: the Illinois Vehicle Equipment Law.
20    Chapter 13: the Illinois Vehicle Inspection Law.
21    Chapter 14: the Illinois Vehicle Equipment Safety Compact.
22    Chapter 15: the Illinois Size and Weight Law.
23    Chapter 17: the Illinois Highway Safety Law.



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1    Chapter 18a: the Illinois Commercial Relocation of
2Trespassing Vehicles Law.
3    Chapter 18b: the Illinois Motor Carrier Safety Law.
4    Chapter 18c: the Illinois Commercial Transportation Law.
5    Chapter 18d: The Illinois Commercial Safety Towing Law.
6(Source: P.A. 95-562, eff. 7-1-08.)
7    (625 ILCS 5/Ch. 2A heading new)

9    (625 ILCS 5/2A-101 new)
10    Sec. 2A-101. Statement of intent and purpose. The purpose
11of this Chapter is to comply with the federal Driver's Privacy
12Protection Act of 1994 in order to protect the interest of
13individuals in their personal privacy by prohibiting the
14disclosure and use of personal information contained in their
15motor vehicle record, except as authorized by the individual
16or by law.
17    (625 ILCS 5/2A-102 new)
18    Sec. 2A-102. Definitions. As used in this Chapter:
19    "Access agreement" means an agreement between the
20Secretary and any person, governmental entity, or private
21party for access to the Secretary of State's electronic motor
22vehicle records.
23    "Breach of the security of the system data" or "breach"



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1means unauthorized acquisition of computerized data that
2compromises the security, confidentiality, or integrity of
3personally identifying information maintained by an authorized
4recipient. "Breach of the security of the system data" does
5not include good faith acquisition of personally identifying
6information by an employee or agent of the authorized
7recipient for an authorized purpose under this Chapter if the
8personally identifying information is not used for a purpose
9unrelated to the authorized purpose for which the personal
10identifying information as obtained or subject to further
11unauthorized disclosure.
12    "Disclose" means to engage in any practice or conduct to
13make available and make known personal information contained
14in a motor vehicle record about a person to any person,
15organization, or entity, by any means of communication.
16    "Motor vehicle record" means any record that pertains to a
17motor vehicle operator's permit, including, but not limited
18to, a commercial learner's permit, driver's license,
19instruction permit, monitoring device driving permit,
20probationary license or restricted driving permit, motor
21vehicle title, motor vehicle registration, or identification
22card issued by the Secretary of State.
23    "Private party" means any natural person, firm,
24co-partnership, association, or business entity other than a
25governmental entity.
26    "Private toll transportation facility" means any toll



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1operated or maintained on the roads, highways, or interstates
2by a nongovernmental entity.
3    "Requester" means a person, private party, or governmental
4entity requesting motor vehicle records or other information
5from the Secretary of State.
6    (625 ILCS 5/2A-103 new)
7    Sec. 2A-103. Prohibition on disclosure of social security
9    (a) The Secretary shall not disclose a social security
10number provided to the Secretary of State in connection with a
11motor vehicle record, whether an applicant provided a social
12security number, or any associated information obtained from
13the Social Security Administration except pursuant to a
14written request by, or with the prior written consent of, the
15individual, except:
16        (1) to officers and employees of the Secretary who
17    have a need to know the social security numbers in
18    performance of their official duties;
19        (2) to law enforcement officials for a civil or
20    criminal law enforcement investigation, and if an officer
21    of the law enforcement agency has made a written request
22    to the Secretary specifying the law enforcement
23    investigation for which the social security numbers are
24    being sought, though the Secretary retains the right to
25    require additional verification regarding the validity of



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1    the request;
2        (3) to the United States Department of Transportation
3    or any other state, pursuant to the administration and
4    enforcement of the Commercial Motor Vehicle Safety Act of
5    1986 or participation in state-to-state verification
6    service;
7        (4) pursuant to the order of a court of or a subpoena
8    issued by a court;
9        (5) to the Department of Healthcare and Family
10    Services for utilization in the child support enforcement
11    duties assigned to that Department under provisions of the
12    Illinois Public Aid Code after the individual has received
13    advanced notification of what redisclosure is sought by
14    the Secretary in accordance with the federal Privacy Act;
15        (6) to the Department of Healthcare and Family
16    Services and the Department of Human Services solely for
17    the purpose of verifying identity and Illinois residency
18    where such residency is an eligibility requirement for
19    benefits under the Illinois Public Aid Code or any other
20    health benefit program administered by the Department of
21    Healthcare and Family Services or the Department of Human
22    Services;
23        (7) to the Illinois Department of Revenue solely for
24    use by the Department in the collection of any tax or debt
25    that the Department of Revenue is authorized or required
26    by law to collect, provided that the Department shall not



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1    disclose the social security number to any person or
2    entity outside the Department;
3        (8) to the Illinois Department of Veterans' Affairs
4    for the purpose of confirming veteran status;
5        (9) the last 4 digits to the Illinois State Board of
6    Elections for purposes of voter registration and as may be
7    required pursuant to an agreement for a multi-state voter
8    registration list maintenance system. If social security
9    information is disclosed by the Secretary in accordance
10    with this Section, no liability shall rest with the Office
11    of the Secretary of State or any of its officers or
12    employees, as the information is released for official
13    purposes only; or
14        (10) to the United States Selective Service for
15    purposes of Selective Service registration.
16    (b) An Illinois governmental agency that receives an
17individual's social security number under subsection (a) of
18this Section may not redisclose the social security number
19except as required by law. An Illinois governmental agency
20that rediscloses a social security number as authorized by
21this subsection shall maintain records for a minimum of 5
22years that identify every entity to which the government
23agency provided the social security number. Records kept in
24accordance with this subsection must be made available to the
25Secretary upon request.
26    (c) Nothing in this Section prohibits an individual from



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1having access to that individual's own social security number
2that was provided to the Secretary in connection with a motor
3vehicle record.
4    (d) Knowingly obtaining or using a social security number
5from a motor vehicle record in violation of this Section is a
6Class A misdemeanor.
7    (e) Any person who uses or acquires a social security
8number in violation of this Section that subjects the
9Secretary to any liability or claim shall indemnify and hold
10harmless the Secretary from all such liabilities and claims,
11including attorney fees and court costs, incurred in any
13    (625 ILCS 5/2A-104 new)
14    Sec. 2A-104. Confidentiality of captured photographs,
15signatures, or images.
16    (a) The Secretary of State shall maintain all photographs,
17signatures and images obtained in the process of issuing a
18driver's license, permit, identification card, or in
19connection to a Certificate of Title or vehicle registration.
20Except as otherwise provided in this Section and
21notwithstanding any other provision of law, the photographs,
22signatures, and images shall be confidential and shall not be
23disclosed except to the following persons:
24        (1) the individual to whom the driver's license,
25    permit, identification card, Certificate of Title, or



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1    vehicle registration was issued upon written request;
2        (2) officers and employees of the Secretary of State
3    who have a need to have access to the stored photographs,
4    signatures, and images for purposes of issuing and
5    controlling driver's licenses, permits, or identification
6    cards and investigation of fraud or misconduct;
7        (3) law enforcement officials for a civil or criminal
8    law enforcement investigation, except as restricted by
9    Section 2A-106;
10        (4) the State Board of Elections for the sole purpose
11    of providing the signatures required by a local election
12    authority to register a voter through an online voter
13    registration system;
14        (5) officers and employees of the Secretary of State
15    who have a need to have access to the stored photographs,
16    signatures, and images for purposes of issuing and
17    controlling notary public commissions and for the purpose
18    of providing the signatures required to process online
19    applications for appointment and commission as notaries
20    public; or
21        (6) other entities that the Secretary may authorize by
22    rule.
23    (b) The Secretary of State shall not provide facial
24recognition search services or photographs obtained in the
25process of issuing a driver's license or permit to any
26federal, state, or local law enforcement agency or other



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1governmental entity for the purpose of enforcing federal
2immigration laws and in accordance with Section 2A-106. This
3subsection shall not apply to requests from federal, state, or
4local law enforcement agencies or other governmental entities
5for facial recognition search services or photographs obtained
6in the process of issuing a driver's license or permit when the
7purpose of the request relates to criminal activity other than
8violations of immigration laws.
9    (625 ILCS 5/2A-105 new)
10    Sec. 2A-105. Confidentiality of documents submitted with
11an application for driver's licenses and vehicle transactions.
12Notwithstanding any other provision of law, documents required
13to be submitted with an application for a Certificate of
14Title, vehicle registration, or driver's license to prove the
15applicant's identity (name and date of birth), social security
16number or lack of a social security number, written signature,
17residency, and, as applicable, citizenship or immigration
18status and country of citizenship shall be confidential and
19shall not be disclosed except to the following persons:
20        (1) the individual to whom the Certificate of Title,
21    vehicle registration, or driver's license or permit was
22    issued, upon written request;
23        (2) officers and employees of the Secretary of State
24    who have a need to access the stored photographs,
25    signatures, and images for purposes of issuing and



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1    controlling vehicle titling or vehicle registration,
2    driver's licenses, permits, or identification cards and
3    investigation of fraud or misconduct;
4        (3) law enforcement officials for a civil or criminal
5    law enforcement investigation, except as restricted by
6    this Chapter;
7        (4) other entities that the Secretary may authorize by
8    rule.
9    (625 ILCS 5/2A-106 new)
10    Sec. 2A-106. Restrictions on use of information for
11immigration enforcement.
12    (a) Notwithstanding any other provision of law, the
13Secretary may not release or make accessible in any manner any
14highly restricted personal information as defined in Section
151-125.9 or personally identifying information as defined in
16Section 1-159.2, provide images, photos, or facial recognition
17services as described in Section 2A-104 or disclose documents
18as described in Section 2A-105 to any immigration agent as
19defined in Section 10 of the Illinois TRUST Act, unless
20necessary to comply with the following, to the extent that
21production of such information or documents is specifically
23        (1) a lawful court order;
24        (2) a judicial warrant signed by a judge appointed
25    pursuant to Article III of the Constitution of the United



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1    States; or
2        (3) a subpoena for individual records issued by a
3    federal or State court.
4    When responding to such a court order, warrant, or
5subpoena, the Secretary shall disclose only those documents or
6information specifically requested. Within 3 business days
7after receiving such a court order, warrant, or subpoena, the
8Secretary shall send a notification to the individual about
9whom such information was requested that a court order,
10warrant, or subpoena was received and the identity of the
11entity that presented the court order, warrant, or subpoena.
12    (b) The Secretary shall not enter into or maintain any
13agreement regarding the sharing of any highly restricted
14personal information as defined in Section 1-125.9, personally
15identifying information as defined in Section 1-159.2, images
16or photos described in Section 2A-104 or documents described
17in Section 2A-105 unless all other parties to such agreement
18certify that the information obtained will not be used for
19civil immigration purposes or knowingly disseminated to any
20third party for any purpose related to civil immigration
22    (625 ILCS 5/2A-108 new)
23    Sec. 2A-108. Disclosure with consent. Personally
24identifying information as defined in this Code may be
25disclosed upon request if the person making the request is the



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1subject of the information or the person making the request
2demonstrates in such form and manner as the Secretary
3prescribes that the person has obtained the written consent of
4the person who is the subject of the information.
5    (625 ILCS 5/2A-109 new)
6    Sec. 2A-109. Permitted disclosures.
7    (a) Except as otherwise provided in this Section, the
8Secretary may make the driver's license, vehicle and title
9registration lists, in part or in whole, and any statistical
10information derived from these lists available to local
11governments, elected State officials, State educational
12institutions, and all other governmental units of the State or
13federal government requesting them for governmental purposes.
14The Secretary shall require any such applicant for services to
15pay for the costs of furnishing such services and in addition
16is empowered to establish prices and charges for the services
17so furnished.
18    (b) The Secretary is further empowered to and may, in the
19Secretary's discretion, furnish to any applicant other than
20listed in subsection (a) of this Section, vehicle or driver
21data via digital transmission at a fixed fee of $500, in
22advance, and a charge of $50, per 1,000 motor vehicle records
23or part thereof. This service shall not be in lieu of an
24abstract of a driver's record nor of a title or registration
25search. This information sold pursuant to this subsection may



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1be the entire vehicle or driver data list, or part thereof. The
2information sold pursuant to this subsection shall not contain
3personally identifying information unless the information is
4to be used for one of the purposes identified in subsection
5(d-5) of this Section and may not be used for solicitation in
6any form or manner. Commercial purchasers of driver and
7vehicle record databases shall enter into a written access
8agreement with the Secretary that includes disclosure of the
9commercial use of the information to be purchased.
10    (c) The Secretary 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 may deem best for the purposes
19    (d) The Secretary shall make a title or registration
20search of the records of his office and a written report on the
21same for any person, upon written application of such person,
22accompanied by a fee of $5 for each registration or title
23search. The written application shall set forth the intended
24use of the requested information. No fee shall be charged for a
25title or registration search, or for the certification
26thereof, requested by a government agency. The report of the



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1title or registration search shall not contain personally
2identifying information unless the request for a search was
3made for one of the purposes identified in subsection (e) of
4this Section. The report of the title or registration search
5shall not contain highly restricted personal information
6unless specifically authorized by this Chapter.
7    The Secretary shall certify a title or registration record
8upon written request. The fee for certification shall be $5 in
9addition to the fee required for a title or registration
10search. Certification shall be made under the signature of the
11Secretary and shall be authenticated by Seal of the Secretary.
12    The Secretary may notify the vehicle owner or registrant
13of the request for purchase of his title or registration
14information as the Secretary deems appropriate. No information
15shall be released to the requester until expiration of a
1610-day period. This 10-day period shall not apply to requests
17for information made by law enforcement officials, government
18agencies, financial institutions, attorneys, insurers,
19employers, automobile associated businesses, the vehicle owner
20or registrant or other entities as the Secretary may deem by
21rule and regulation.
22    (e) The Secretary shall not disclose or otherwise make
23available to any person or entity any personally identifying
24information obtained by the Secretary in connection with a
25motor vehicle record unless the information is disclosed for
26one of the following purposes and the disclosure is not



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1further limited by this Code:
2        (1) For use by any governmental agency, including any
3    court or law enforcement agency, in carrying out its
4    functions, or any private person or entity acting on
5    behalf of a federal, State, or local agency in carrying
6    out its functions.
7        (2) For use in connection with matters of motor
8    vehicle or driver safety or theft; motor vehicle
9    emissions; motor vehicle product alterations, recalls, or
10    advisories; performance monitoring of the motor vehicles,
11    motor vehicle parts, and dealers; and removal of non-owner
12    records from the original owner records of motor vehicle
13    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 if:
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 an employer or its agent or insurer to
19    obtain or verify information relating to a holder of a
20    commercial driver's license that is required under Chapter
21    313 of Title 49 of the United States Code.
22        (9) For use in connection with the operation of
23    private toll transportation facilities.
24        (10) For use by any requester, if the requester
25    demonstrates it has obtained the written consent of the
26    individual to whom the information pertains.



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1        (11) For use by members of the news media, as defined
2    in Section 1-148.5 for the purpose of newsgathering when
3    the request relates to the operation of a motor vehicle or
4    public safety. Requests made by the news media for motor
5    vehicle record information may be furnished without charge
6    or at a reduced charge, as determined by the Secretary,
7    when the specific purpose for requesting the documents is
8    deemed to be in the public interest. Waiver or reduction
9    of the fee is in the public interest if the principal
10    purpose of the request is to access and disseminate
11    information regarding the health, safety, and welfare or
12    the legal rights of the general public and is not for the
13    principal purpose of gaining a personal or commercial
14    benefit.
15        (12) For any other use specifically authorized by law,
16    if that use is related to the operation of a motor vehicle
17    or public safety.
18    (f) The Secretary shall not disclose or otherwise make
19available to any person or entity any highly restricted
20personal information obtained by the Secretary in connection
21with a motor vehicle record unless specifically authorized by
22this Code.
23    (g)(1) The Secretary may, in accordance with this Code,
24furnish to the person or agency so requesting a driver's
25record or data contained therein. Such document may include a
26record of: current driver's license issuance information,



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1except that the information on judicial permits or monitoring
2device driving permits shall be available only as otherwise
3provided by this Code; convictions, orders entered revoking
4suspending or canceling a driver's license or privilege; and
5notations of crash involvement. All other information, unless
6otherwise permitted by this Code, shall remain confidential.
7Information released pursuant to a request for a driver's
8record shall not contain personally identifying information,
9unless the request for the driver's record was made for one of
10the purposes set forth in subsection (e) of this Section. The
11Secretary may, without fee, allow a parent or guardian of a
12person under the age of 18 years, who holds an instruction
13permit or graduated driver's license, to view that person's
14driving record online, through a computer connection. The
15parent or guardian's online access to the driving record will
16terminate when the instruction permit or graduated driver's
17license holder reaches the age of 18.
18    (2) The Secretary of State may certify an abstract of a
19driver's record upon written request therefor. Such
20certification shall be made under the signature of the
21Secretary and shall be authenticated by the Seal of his
23    (3) All requests for driving record information shall be
24made in a manner prescribed by the Secretary and shall set
25forth the intended use of the requested information.
26    The Secretary may notify the affected driver of the



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1request for purchase of his driver's record as the Secretary
2deems appropriate.
3    No information shall be released to the requester until
4expiration of a 10-day period. This 10-day period shall not
5apply to requests for information made by law enforcement
6officials, government agencies, financial institutions,
7attorneys, insurers, employers, automobile associated
8businesses, the affected driver or other entities as the
9Secretary may exempt by rule or regulation.
10    (4) The Secretary may furnish without fee, upon the
11written request of a law enforcement agency, any information
12from a driver's record on file with the Secretary when such
13information is required in the enforcement of this Code or any
14other law relating to the operation of motor vehicles,
15including records of dispositions; documented information
16involving the use of a motor vehicle; whether such individual
17has, or previously had, a driver's license; and the address
18and personal description as reflected on said driver's record.
19    (5) Except as otherwise provided in this Section, the
20Secretary may furnish, without fee, information from an
21individual driver's record on file, if a written request
22therefor is submitted by any public transit system or
23authority, public defender, law enforcement agency, a state or
24federal agency, or an Illinois local intergovernmental
25association, if the request is for the purpose of a background
26check of applicants for employment with the requesting agency,



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



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1notices, or orders recorded on individual driving records
2maintained by the Secretary.
3    (7) Subject to any restrictions contained in the Juvenile
4Court Act of 1987, and upon receipt of a proper request and a
5fee as set forth in Section 6-118, the Secretary shall provide
6a driver's record or data contained therein to the affected
7driver, or the affected driver's attorney, upon verification.
8Such record shall contain all the information referred to in
9paragraph (1) of this subsection, plus: any recorded crash
10involvement as a driver; information recorded pursuant to
11subsection (e) of Section 6-117 and paragraph (4) of
12subsection (a) of Section 6-204. All other information, unless
13otherwise permitted by this Code, shall remain confidential.
14    (h) Medical statements or medical reports received by the
15Secretary of State's Office shall be confidential. Except as
16provided in this Section, no confidential information may be
17open to public inspection or the contents disclosed to anyone,
18except officers and employees of the Secretary who have a need
19to know the information contained in the medical reports and
20the Driver License Medical Advisory Board, unless so directed
21by an order of a court of competent jurisdiction, or in
22response to a civil action filed pursuant to the
23Administrative Procedure Act as it relates to an order of
24cancellation, suspension, or revocation. If the Secretary
25receives a medical report regarding a driver that does not
26address a medical condition contained in a previous medical



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1report, the Secretary may disclose the unaddressed medical
2condition to the driver or his or her physician, or both,
3solely for the purpose of submission of a medical report that
4addresses the condition.
5    (i) Notations of crash involvement that may be disclosed
6under this Section shall not include notations relating to
7damage to a vehicle or other property being transported by a
8tow truck. The information shall remain confidential, provided
9that nothing in this subsection shall limit disclosure of any
10notification of crash involvement to any law enforcement
11agency or official.
12    (j) Pursuant to the Uniform Anatomical Gift Act and
13pursuant to an access agreement as set forth in Section
142A-108, the Secretary shall allow organ procurement
15organizations, as defined by the Uniform Anatomical Gift Act,
16access to the name, address, gender, date of birth, driver's
17license or identification card number, and date of consent a
18person joined the First Person Consent organ and donor
19registry for the purpose of determining whether a potential
20organ and tissue donor is included in the First Person Consent
21organ and tissue donor registry.
22    (625 ILCS 5/2A-110 new)
23    Sec. 2A-110. Fees. Disbursement of fees collected under
24this Chapter shall be as follows:
25        (1) of the $20 fee for a driver's record, $11 shall be



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1    paid into the Secretary of State Special Services Fund,
2    and $6 shall be paid into the General Revenue Fund;
3        (2) 50% of the amounts collected under this Chapter
4    shall be paid into the General Revenue Fund; and
5        (3) all remaining fees shall be disbursed under
6    subsection (g) of Section 2-119 of this Code.
7    (625 ILCS 5/2A-111 new)
8    Sec. 2A-111. Commercial requesters; access agreements;
9electronic access; data security; procedural safeguards.
10    (a) The Secretary may grant access to the electronic motor
11vehicle records as provided in this Section or Section 5-47 of
12the Anatomical Gift Act, for commercial use if the Secretary
13determines there is a legitimate business need to grant access
14and access is in the best interests of the State of Illinois.
15    (b) The Secretary may limit the number of persons
16authorized to obtain direct electronic access and may
17restrict, or establish priority for, access to motor vehicle
18records as the Secretary deems necessary to avoid disruption
19to the Secretary's normal operations, or as the Secretary
20deems is in the best interests of the public.
21    (c) A request for electronic access to motor vehicle
22records must be submitted in writing and include:
23        (1) a signed and notarized certified statement of use
24    that sets forth the purpose of the request and the
25    specific information or type of information sought. If



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1    personally identifying information is requested, the
2    statement shall include the basis under which such
3    information may be disclosed under the Driver's Privacy
4    Protection Act, 18 U.S.C. 2721 et seq., and subsection (e)
5    of Section 2A-108 or that the requester has obtained the
6    consent of the person whose information has been requested
7    and that the data will not be used for any other purpose;
8    and
9        (2) the requester's identity, including name, job
10    title and business address, and the name and address of
11    any organization associated with the request.
12    (d) Every requester must execute an access agreement and
13agree to be responsible for:
14        (1) obtaining and maintaining access to the Internet
15    that is capable of Virtual Private Network (VPN) traffic
16    and preventing unauthorized use, access, or misuse of the
17    VPN;
18        (2) ensuring that any technology used by the requester
19    is compatible with Secretary of State technology; this
20    includes, but is not limited to, VPN tunnels, firewalls,
21    and routers;
22        (3) maintaining security procedures in the requester's
23    network and procedures deemed appropriate in the sole
24    discretion of the Secretary;
25        (4) maintaining reasonable measures in accordance with
26    industry-recognized leading cybersecurity practices,



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1    necessary to prevent the unauthorized uses, access,
2    misuse, and disclosure of motor vehicle records and to
3    prevent unauthorized persons or entities from obtaining,
4    accessing, or using motor vehicle records;
5        (5) providing quarterly written certifications through
6    the duration of the access agreement confirming that the
7    requester has no evidence or other reason to believe that
8    the information systems have been breached or otherwise
9    compromised in the preceding quarter;
10        (6) providing the requester's latest Service
11    Organization Control SOC 2, Type II report completed by a
12    certified auditing agency, as well as any gap letters
13    required to cover stated controls for the applicable
14    annual period not to exceed 3 months, if required in the
15    sole discretion of the Secretary;
16        (7) providing to the Secretary the names, work
17    addresses, and work phone numbers of all persons
18    responsible for maintaining motor vehicle record files
19    provided by the Secretary or otherwise executing the
20    provisions of an access agreement on behalf of the
21    requester. The names on the list are considered the users
22    on behalf of the requester;
23        (8) providing a written certification that Secretary
24    of State motor vehicle records or any portion thereof
25    shall not be transferred, nor accessed outside of the
26    United States, electronically or otherwise;



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1        (9) certifying that the requester adheres to the most
2    current ISO NIST CSF or NIST Special Publication standards
3    available;
4        (10) agreeing to complete the Secretary of State
5    security assessment, if required by the Secretary, prior
6    to the execution of the access agreement;
7        (11) certifying that no employee nor officer of the
8    requester accessing motor vehicle records has been
9    convicted of a felony, or that at least 5 years have passed
10    since the completion of the sentence;
11        (12) indemnifying and holding the Secretary of State
12    harmless from any data breach or unauthorized use of data.
13    (e) The Secretary may establish minimum security standards
14and technological requirements and any terms and conditions as
15he deems necessary for the agreement and the direct electronic
16access to motor vehicle records, including, but not limited
17to, requiring a comprehensive data security program and
18designing, implementing, and regular tests of its safeguards.
19If required by the Secretary of State, the requester shall be
20required to perform penetrative testing of its data security
21system at least semi-annually and shall promptly provide the
22results of the testing upon request by the Secretary.
23    (f) An access agreement shall be for a term to be
24determined by the Secretary.
25    (g) All users granted direct access are prohibited from
26any type of data mining or web mining of Secretary of State



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1data. Prohibited data mining or web mining includes, but is
2not limited to, use of website copying software, web data
3pre-processing, creation of web metrics and mathematical
4models, web log analysis, static and dynamic visitor
5profiling, intelligent information retrieval, hyperlink
6analysis, use of spider, crawl or both programs (vertical
7search engines), web usage mining, web structure mining, web
8content mining, data/information extraction, web information
9integration and schema matching, knowledge synthesis,
10segmenting, noise detection, use of topic-sensitive PageRank
11software, use of filtering techniques, meta-search engines, or
12any other type of automated search of information that goes
13beyond keyword extraction. Violation of this Section is
14considered a material breach and may result in termination of
15an access agreement and access to motor vehicle records. Data
16or web mining is further considered computer tampering under
17Section 17-51 of the Criminal Code of 2012.
18    (h)(1) The requester shall properly and timely dispose of
19the materials containing personally identifiable information
20in a manner that renders the personal information unreadable
21and undecipherable, in accordance with the Personal
22Information Protection Act.
23    (2) The requester shall not make any information from
24motor vehicle records available to other persons, firms,
25corporations, partnerships, members of the public, persons
26outside the employ or direct control of the requester, or



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1other entities without the prior express written consent of
2the Secretary, except as provided in an approved Certified
3Statement of Use(s).
4    (3) A requester who sells or discloses any personally
5identifying information obtained from the Secretary in any
6manner allowed under the access agreement shall enter into a
7written agreement with the party receiving the personally
8identifying information that, at a minimum:
9        (A) prohibits the redisclosure of the information;
10        (B) sets forth the authorized use as provided in
11    Section 2A-109 for which the receiving party acquired the
12    information;
13        (C) requires the person or entity receiving the
14    personally identifying information to acknowledge the
15    terms and conditions of the authorized recipient's access
16    agreement with the Secretary of State and to be subject to
17    the laws of the State of Illinois, including this Code;
18    and
19        (D) indemnifies and holds the Secretary of State
20    harmless from any data breach or unauthorized use of data.
21    (4) A requester who sells or discloses any personally
22identifying information obtained from the Secretary in any
23manner allowed under the access agreement shall maintain
24records of the redisclosure and the written agreement required
25by paragraph (5) of subsection (k) for a minimum of 5 years,
26The requester shall make the records available to the



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1Secretary within 5 days upon request of the Secretary.
2    (5) The requester shall not sell or repackage any
3information from motor vehicle records under the name of the
4Secretary of State or use the State seal with respect to any
5data obtained through an access agreement.
6    (6) The requester shall adhere to the Data Processing
7Confidentiality Act. The requester agrees not to use, sell,
8furnish, or otherwise make available any motor vehicle record
9accessed pursuant to an access agreement for any prohibited
10reason, including, but not limited to, commercial solicitation
11purposes, to contact individuals for advertising, offering for
12sale, marketing or sale of products or services; or
13identifying potential employees. A violation of this
14subsection shall result in the denial of information for a
15term of 5 years.
16    (7) The requester shall carry insurance coverage in
17amounts sufficient to cover requester's potential liabilities
18arising out of the provision of services under an access
19agreement. The requester shall provide an insurance
20certificate naming the Secretary as an additional insured on
21the general liability, professional liability, and cyber
22liability coverages and shall provide the insurance
23certificates with evidence of additional insured status and
24all required coverages prior to the execution of additional
25insured status and all required coverages prior to the
26execution of the access agreement. Insurance shall not limit



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1the requester's obligations to indemnify, defend, or settle
2any and all claims. Requesters shall procure and maintain the
3following insurance coverage throughout the term of an access
4agreement and any renewals thereof:
5        (A) professional liability (errors and omissions)
6    insurance covering errors, omissions, or negligence in the
7    provision of services under an access agreement with
8    limits determined by the Secretary in an amount
9    commiserate with the volume of records purchased by the
10    requester and necessary to protect the constituents of the
11    State of Illinois;
12        (B) cyber liability or data/privacy protection
13    insurance with limits determined by the Secretary in an
14    amount commiserate with the volume of records purchased by
15    the requester and necessary to protect the constituents of
16    the State of Illinois.
17    (i) The Secretary may require an agreement that a
18requester seeking to obtain motor vehicle records shall hold
19harmless and indemnify the Secretary for any money damages,
20criminal fines, civil penalties, court costs, and attorney's
21fees awarded to any person or entity by any state or federal
22court resulting from any disclosure by the requester or by any
23person to whom the requester provided information from a motor
24vehicle record that is contrary to state or federal law.
25    (j) A breach of any provision contained within this
26Chapter or the access agreement may be deemed a material



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1breach of the access agreement and result in the immediate
2revocation of the access agreement.
3    (k) The Secretary may terminate an access agreement
4immediately, if:
5        (1) the requested information is used for a purpose
6    other than the purpose identified in the written
7    application or in violation of any provision of Section
8    2A-114;
9        (2) the requester violates any provision of the access
10    agreement; or
11        (3) the requester violates any provision of this
12    Chapter.
13    (625 ILCS 5/2A-112 new)
14    Sec. 2A-112. Random audit. The Secretary may, at any time,
15conduct a random audit of applications for access agreements,
16requests for information, or certified statements of use(s)
17submitted and processed pursuant to this Chapter to verify the
18authenticity of the documents and information submitted in
19support of those applications.
20    Any person or entity receiving information from a motor
21vehicle record or electronic access to motor vehicle records
22pursuant to this Chapter shall have an affirmative duty to
23cooperate with the audit and provide any information or
24supporting documentation requested by the Secretary.



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1    (625 ILCS 5/2A-113 new)
2    Sec. 2A-113. Redisclosure.
3    (a) If the Secretary discovers that personally identifying
4information from a motor vehicle record has been wrongfully
5disclosed by a requester, the requester shall notify the
6entity or person to whom the personally identifying
7information was wrongfully disclosed that the personally
8identifying information may not be used, resold, or
9redisclosed in any way and must be immediately destroyed. The
10Secretary shall notify the subject of the personally
11identifying information that the personally identifying
12information was wrongly disclosed.
13    (b) A requester who has access to motor vehicle records
14and who rediscloses any personally identifying information
15connected with a motor vehicle record must notify each entity
16or person to whom the personally identifying information is
17redisclosed that the personally identifying information may
18not be further disclosed unless the redisclosure is authorized
19by the Driver's Privacy Protection Act and this Code.
20    (625 ILCS 5/2A-114 new)
21    Sec. 2A-114. Prohibitions and violations of this Chapter.
22    (a) It is unlawful for any person to:
23        (1) knowingly misrepresent the person's identity or to
24    make a false statement to obtain any information
25    associated with a motor vehicle record;



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1        (2) knowingly disclose, sell, or otherwise provide
2    personally identifying information from a motor vehicle
3    record to any person who is not authorized under this
4    Chapter to receive personally identifying information;
5        (3) knowingly obtain or use a motor vehicle record for
6    a reason other than authorized by this Code.
7    (b) A violation of this Section is a Class A misdemeanor.
8Each unauthorized disclosure, unauthorized use, or false
9representation shall be a separate offense.
10    (c) Except for willful or wanton misconduct, neither the
11Secretary nor the Secretary's departments or employees shall
12be civilly liable for any improper use or release of motor
13vehicle records to any person obtaining such records as
14provided in this Section.
15    (d) Any person convicted of a violation of this Chapter
16shall be permanently barred from receiving motor vehicle
18    (e) The Secretary shall forward any violations of this
19Chapter to the appropriate prosecuting authority for
21    (f) The Secretary may refuse to disclose data under this
22Chapter if the Secretary concludes that the requester is
23likely to use the data for a purpose not authorized by this
25    (625 ILCS 5/2A-115 new)



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1    Sec. 2A-115. Data system security breach. Any person who
2has access to motor vehicle records who experiences a breach
3of the security of the data system as defined in this Chapter
4or has any reason to believe that Secretary of State data has
5been compromised must comply with the Personal Information
6Protection Act and provide the required notices to all persons
7whose personally identifying information has been exposed. If
8notices are not required by the Personal Information
9Protection Act, the Secretary of State may, at its discretion,
10require notice be sent to persons whose data was obtained in a
11data breach or by an unauthorized user.
12    (625 ILCS 5/2A-116 new)
13    Sec. 2A-116. Procedural safeguards to protect
14confidentiality. Any person who has access to personally
15identifying information from motor vehicle records shall
16establish procedures to protect the confidentiality of those
17records. If any personally identifying information is
18redisclosed as allowed by this Chapter, the person receiving
19the personally identifying information must also take all
20steps necessary to ensure confidentiality and to prevent the
21release of the personally identifying information.
22    (625 ILCS 5/2A-117 new)
23    Sec. 2A-117. Rules. The Secretary may adopt rules to
24administer and enforce this Chapter.



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1    (625 ILCS 5/2-123 rep.)
2    (625 ILCS 5/6-110.1 rep.)
3    (625 ILCS 5/6-110.2 rep.)
4    (625 ILCS 5/6-110.3 rep.)
5    Section 10. The Illinois Vehicle Code is amended by
6repealing Sections 2-123, 6-110.1, 6-110.2, and 6-110.3.



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2 Statutes amended in order of appearance
3    625 ILCS 5/1-100from Ch. 95 1/2, par. 1-100
4    625 ILCS 5/Ch. 2A heading
5    new
6    625 ILCS 5/2A-101 new
7    625 ILCS 5/2A-102 new
8    625 ILCS 5/2A-103 new
9    625 ILCS 5/2A-104 new
10    625 ILCS 5/2A-105 new
11    625 ILCS 5/2A-106 new
12    625 ILCS 5/2A-107 new
13    625 ILCS 5/2A-108 new
14    625 ILCS 5/2A-109 new
15    625 ILCS 5/2A-110 new
16    625 ILCS 5/2A-111 new
17    625 ILCS 5/2A-112 new
18    625 ILCS 5/2A-113 new
19    625 ILCS 5/2A-114 new
20    625 ILCS 5/2A-115 new
21    625 ILCS 5/2A-116 new
22    625 ILCS 5/2A-117 new
23    625 ILCS 5/2-123 rep.
24    625 ILCS 5/6-110.1 rep.
25    625 ILCS 5/6-110.2 rep.



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1    625 ILCS 5/6-110.3 rep.