Full Text of SB0459 94th General Assembly
SB0459 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0459
Introduced 2/16/2005, by Sen. Arthur J. Wilhelmi SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/2-123 |
from Ch. 95 1/2, par. 2-123 |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State may, in his or her discretion, furnish vehicle or driver data on an electronic format or computer processible medium, at no fee, to any State or local governmental agency that uses the information to transmit data back to the Secretary that enables the Secretary to maintain accurate driving records. Provides that this information may be provided without fee not more often than once every 6 months. Effective immediately.
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A BILL FOR
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SB0459 |
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LRB094 09297 DRH 39536 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 2-123 as follows:
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| (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
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| Sec. 2-123. Sale and Distribution of Information.
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| (a) Except as otherwise provided in this Section, the | 9 |
| Secretary may make the
driver's license, vehicle and title | 10 |
| registration lists, in part or in whole,
and any statistical | 11 |
| information derived from these lists available to local
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| governments, elected state officials, state educational | 13 |
| institutions, and all
other governmental units of the State and | 14 |
| Federal
Government
requesting them for governmental purposes. | 15 |
| The Secretary shall require any such
applicant for services to | 16 |
| pay for the costs of furnishing such services and the
use of | 17 |
| the equipment involved, and in addition is empowered to | 18 |
| establish prices
and charges for the services so furnished and | 19 |
| for the use of the electronic
equipment utilized.
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| (b) The Secretary is further empowered to and he may, in | 21 |
| his discretion,
furnish to any applicant, other than listed in | 22 |
| subsection (a) of this Section,
vehicle or driver data on a | 23 |
| computer tape, disk, other electronic format or
computer | 24 |
| processable medium, or printout at a fixed fee of
$250 for | 25 |
| orders received before October 1, 2003 and $500 for orders | 26 |
| received
on or after October 1, 2003, in advance, and require | 27 |
| in addition a
further sufficient
deposit based upon the | 28 |
| Secretary of State's estimate of the total cost of the
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| information requested and a charge of $25 for orders received | 30 |
| before October
1, 2003 and $50 for orders received on or after | 31 |
| October 1, 2003, per 1,000
units or part
thereof identified or | 32 |
| the actual cost, whichever is greater. The Secretary is
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| authorized to refund any difference between the additional | 2 |
| deposit and the
actual cost of the request. This service shall | 3 |
| not be in lieu of an abstract
of a driver's record nor of a | 4 |
| title or registration search. This service may
be limited to | 5 |
| entities purchasing a minimum number of records as required by
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| administrative rule. The information
sold pursuant to this | 7 |
| subsection shall be the entire vehicle or driver data
list, or | 8 |
| part thereof. The information sold pursuant to this subsection
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| shall not contain personally identifying information unless | 10 |
| the information is
to be used for one of the purposes | 11 |
| identified in subsection (f-5) of this
Section. Commercial | 12 |
| purchasers of driver and vehicle record databases shall
enter | 13 |
| into a written agreement with the Secretary of State that | 14 |
| includes
disclosure of the commercial use of the information to | 15 |
| be purchased. | 16 |
| (b-1) The Secretary is further empowered to and may, in his | 17 |
| or her discretion, furnish vehicle or driver data on a computer | 18 |
| tape, disk, or other electronic format or computer processible | 19 |
| medium, at no fee, to any State or local governmental agency | 20 |
| that uses the information provided by the Secretary to transmit | 21 |
| data back to the Secretary that enables the Secretary to | 22 |
| maintain accurate driving records, including dispositions of | 23 |
| traffic cases. This information may be provided without fee not | 24 |
| more often than once every 6 months.
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| (c) Secretary of State may issue registration lists. The | 26 |
| Secretary
of State shall compile and publish, at least | 27 |
| annually, a list of all registered
vehicles. Each list of | 28 |
| registered vehicles shall be arranged serially
according to the | 29 |
| registration numbers assigned to registered vehicles and
shall | 30 |
| contain in addition the names and addresses of registered | 31 |
| owners and
a brief description of each vehicle including the | 32 |
| serial or other
identifying number thereof. Such compilation | 33 |
| may be in such form as in the
discretion of the Secretary of | 34 |
| State may seem best for the purposes intended.
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| (d) The Secretary of State shall furnish no more than 2 | 36 |
| current available
lists of such registrations to the sheriffs |
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| of all counties and to the chiefs
of police of all cities and | 2 |
| villages and towns of 2,000 population and over
in this State | 3 |
| at no cost. Additional copies may be purchased by the sheriffs
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| or chiefs of police at the fee
of $500 each or at the cost of | 5 |
| producing the list as determined
by the Secretary of State. | 6 |
| Such lists are to be used for governmental
purposes only.
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| (e) (Blank).
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| (e-1) (Blank).
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| (f) The Secretary of State shall make a title or | 10 |
| registration search of the
records of his office and a written | 11 |
| report on the same for any person, upon
written application of | 12 |
| such person, accompanied by a fee of $5 for
each registration | 13 |
| or title search. The written application shall set forth
the | 14 |
| intended use of the requested information. No fee shall be | 15 |
| charged for a
title or
registration search, or for the | 16 |
| certification thereof requested by a government
agency. The | 17 |
| report of the title or registration search shall not contain
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| personally identifying information unless the request for a | 19 |
| search was made for
one of the purposes identified in | 20 |
| subsection (f-5) of this Section. The report of the title or | 21 |
| registration search shall not contain highly
restricted | 22 |
| personal
information unless specifically authorized by this | 23 |
| Code.
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| The Secretary of State shall certify a title or | 25 |
| registration record upon
written request. The fee for | 26 |
| certification shall be $5 in addition
to the fee required for a | 27 |
| title or registration search. Certification shall
be made under | 28 |
| the signature of the Secretary of State and shall be
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| authenticated by Seal of the Secretary of State.
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| The Secretary of State may notify the vehicle owner or | 31 |
| registrant of
the request for purchase of his title or | 32 |
| registration information as the
Secretary deems appropriate.
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| No information shall be released to the requestor until | 34 |
| expiration of a
10 day period. This 10 day period shall not | 35 |
| apply to requests for
information made by law enforcement | 36 |
| officials, government agencies,
financial institutions, |
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| attorneys, insurers, employers, automobile
associated | 2 |
| businesses, persons licensed as a private detective or firms
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| licensed as a private detective agency under the Private | 4 |
| Detective, Private
Alarm, Private Security, and Locksmith Act | 5 |
| of 2004, who are employed by or are
acting on
behalf of law | 6 |
| enforcement officials, government agencies, financial
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| institutions, attorneys, insurers, employers, automobile | 8 |
| associated businesses,
and other business entities for | 9 |
| purposes consistent with the Illinois Vehicle
Code, the vehicle | 10 |
| owner or registrant or other entities as the Secretary may
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| exempt by rule and regulation.
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| Any misrepresentation made by a requestor of title or | 13 |
| vehicle information
shall be punishable as a petty offense, | 14 |
| except in the case of persons
licensed as a private detective | 15 |
| or firms licensed as a private detective agency
which shall be | 16 |
| subject to disciplinary sanctions under Section 40-10 of the
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| Private Detective, Private Alarm, Private Security, and | 18 |
| Locksmith Act of 2004.
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| (f-5) The Secretary of State shall not disclose or | 20 |
| otherwise make
available to
any person or entity any personally | 21 |
| identifying information obtained by the
Secretary
of State in | 22 |
| connection with a driver's license, vehicle, or title | 23 |
| registration
record
unless the information is disclosed for one | 24 |
| of the following purposes:
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| (1) For use by any government agency, including any | 26 |
| court or law
enforcement agency, in carrying out its | 27 |
| functions, or any private person or
entity acting on behalf | 28 |
| of a federal, State, or local agency in carrying out
its
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| functions.
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| (2) For use in connection with matters of motor vehicle | 31 |
| or driver safety
and theft; motor vehicle emissions; motor | 32 |
| vehicle product alterations, recalls,
or advisories; | 33 |
| performance monitoring of motor vehicles, motor vehicle | 34 |
| parts,
and dealers; and removal of non-owner records from | 35 |
| the original owner
records of motor vehicle manufacturers.
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| (3) For use in the normal course of business by a |
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| legitimate business or
its agents, employees, or | 2 |
| contractors, but only:
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| (A) to verify the accuracy of personal information | 4 |
| submitted by
an individual to the business or its | 5 |
| agents, employees, or contractors;
and
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| (B) if such information as so submitted is not | 7 |
| correct or is no
longer correct, to obtain the correct | 8 |
| information, but only for the
purposes of preventing | 9 |
| fraud by, pursuing legal remedies against, or
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| recovering on a debt or security interest against, the | 11 |
| individual.
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| (4) For use in research activities and for use in | 13 |
| producing statistical
reports, if the personally | 14 |
| identifying information is not published,
redisclosed, or | 15 |
| used to
contact individuals.
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| (5) For use in connection with any civil, criminal, | 17 |
| administrative, or
arbitral proceeding in any federal, | 18 |
| State, or local court or agency or before
any
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| self-regulatory body, including the service of process, | 20 |
| investigation in
anticipation of litigation, and the | 21 |
| execution or enforcement of judgments and
orders, or | 22 |
| pursuant to an order of a federal, State, or local court.
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| (6) For use by any insurer or insurance support | 24 |
| organization or by a
self-insured entity or its agents, | 25 |
| employees, or contractors in connection with
claims | 26 |
| investigation activities, antifraud activities, rating, or | 27 |
| underwriting.
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| (7) For use in providing notice to the owners of towed | 29 |
| or
impounded vehicles.
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| (8) For use by any person licensed as a private | 31 |
| detective or firm licensed as a private
detective agency | 32 |
| under
the Private Detective, Private Alarm, Private | 33 |
| Security, and Locksmith Act of
1993, private investigative | 34 |
| agency or security service
licensed in Illinois for any | 35 |
| purpose permitted under this subsection.
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| (9) For use by an employer or its agent or insurer to |
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| obtain or verify
information relating to a holder of a | 2 |
| commercial driver's license that is
required under chapter | 3 |
| 313 of title 49 of the United States Code.
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| (10) For use in connection with the operation of | 5 |
| private toll
transportation facilities.
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| (11) For use by any requester, if the requester | 7 |
| demonstrates it has
obtained the written consent of the | 8 |
| individual to whom the information
pertains.
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| (12) For use by members of the news media, as defined | 10 |
| in
Section 1-148.5, for the purpose of newsgathering when | 11 |
| the request relates to
the
operation of a motor vehicle or | 12 |
| public safety.
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| (13) For any other use specifically authorized by law, | 14 |
| if that use is
related to the operation of a motor vehicle | 15 |
| or public safety. | 16 |
| (f-6) The Secretary of State shall not disclose or | 17 |
| otherwise make
available to any
person or entity any highly | 18 |
| restricted personal information obtained by the
Secretary of
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| State in connection with a driver's license, vehicle, or
title | 20 |
| registration
record unless
specifically authorized by this | 21 |
| Code.
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| (g) 1. The Secretary of State may, upon receipt of a | 23 |
| written request
and a fee of $6 before October 1, 2003 and | 24 |
| a fee of $12 on and after October
1, 2003, furnish to the | 25 |
| person or agency so requesting a
driver's record. Such | 26 |
| document may include a record of: current driver's
license | 27 |
| issuance information, except that the information on | 28 |
| judicial driving
permits shall be available only as | 29 |
| otherwise provided by this Code;
convictions; orders | 30 |
| entered revoking, suspending or cancelling a
driver's
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| license or privilege; and notations of accident | 32 |
| involvement. All other
information, unless otherwise | 33 |
| permitted by
this Code, shall remain confidential. | 34 |
| Information released pursuant to a
request for a driver's | 35 |
| record shall not contain personally identifying
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| information, unless the request for the driver's record was |
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| made for one of the
purposes set forth in subsection (f-5) | 2 |
| of this Section.
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| 2. The Secretary of State shall not disclose or | 4 |
| otherwise make available
to any
person or
entity any highly | 5 |
| restricted personal information obtained by the Secretary | 6 |
| of
State in
connection with a driver's license, vehicle, or | 7 |
| title
registration record
unless specifically
authorized | 8 |
| by this Code. The Secretary of State may certify an | 9 |
| abstract of a driver's record
upon written request | 10 |
| therefor. Such certification
shall be made under the | 11 |
| signature of the Secretary of State and shall be
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| authenticated by the Seal of his office.
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| 3. All requests for driving record information shall be | 14 |
| made in a manner
prescribed by the Secretary and shall set | 15 |
| forth the intended use of the
requested information.
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| The Secretary of State may notify the affected driver | 17 |
| of the request
for purchase of his driver's record as the | 18 |
| Secretary deems appropriate.
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| No information shall be released to the requester until | 20 |
| expiration of a
10 day period. This 10 day period shall not | 21 |
| apply to requests for information
made by law enforcement | 22 |
| officials, government agencies, financial institutions,
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| attorneys, insurers, employers, automobile associated | 24 |
| businesses, persons
licensed as a private detective or | 25 |
| firms licensed as a private detective agency
under the | 26 |
| Private Detective, Private Alarm, Private Security, and | 27 |
| Locksmith Act
of 2004,
who are employed by or are acting on | 28 |
| behalf of law enforcement officials,
government agencies, | 29 |
| financial institutions, attorneys, insurers, employers,
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| automobile associated businesses, and other business | 31 |
| entities for purposes
consistent with the Illinois Vehicle | 32 |
| Code, the affected driver or other
entities as the | 33 |
| Secretary may exempt by rule and regulation.
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| Any misrepresentation made by a requestor of driver | 35 |
| information shall
be punishable as a petty offense, except | 36 |
| in the case of persons licensed as
a private detective or |
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| 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 |
| and Locksmith Act of 2004.
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| 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
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| description as reflected on said driver's record.
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| 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 | 27 |
| purpose set forth in subsection (f-5)
of this Section.
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| The Secretary may also furnish the courts a copy of an | 29 |
| abstract of a
driver's record, without fee, subsequent to | 30 |
| an arrest for a violation of
Section 11-501 or a similar | 31 |
| provision of a local ordinance. Such abstract
may include | 32 |
| records of dispositions; documented information involving
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| the use of a motor vehicle as contained in the current | 34 |
| file; whether such
individual has, or previously had, a | 35 |
| driver's license; and the address and
personal description | 36 |
| as reflected on said driver's record.
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| 6. Any certified abstract issued by the Secretary of | 2 |
| State or
transmitted electronically by the Secretary of | 3 |
| State pursuant to this
Section,
to a court or on request of | 4 |
| a law enforcement agency, for the record of a
named person | 5 |
| as to the status of the person's driver's license shall be
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| prima facie evidence of the facts therein stated and if the | 7 |
| name appearing
in such abstract is the same as that of a | 8 |
| person named in an information or
warrant, such abstract | 9 |
| shall be prima facie evidence that the person named
in such | 10 |
| information or warrant is the same person as the person | 11 |
| named in
such abstract and shall be admissible for any | 12 |
| prosecution under this Code and
be admitted as proof of any | 13 |
| prior conviction or proof of records, notices, or
orders | 14 |
| recorded on individual driving records maintained by the | 15 |
| Secretary of
State.
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| 7. Subject to any restrictions contained in the | 17 |
| Juvenile Court Act of
1987, and upon receipt of a proper | 18 |
| request and a fee of $6 before October 1,
2003 and a fee of | 19 |
| $12 on or after October 1, 2003, the
Secretary of
State | 20 |
| shall provide a driver's record to the affected driver, or | 21 |
| the affected
driver's attorney, upon verification. Such | 22 |
| record shall contain all the
information referred to in | 23 |
| paragraph 1 of this subsection (g) plus: any
recorded | 24 |
| accident involvement as a driver; information recorded | 25 |
| pursuant to
subsection (e) of Section 6-117 and paragraph | 26 |
| (4) of subsection (a) of
Section 6-204 of this Code. All | 27 |
| other information, unless otherwise permitted
by this | 28 |
| Code, shall remain confidential.
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| (h) The Secretary shall not disclose social security | 30 |
| numbers or any associated information obtained from the Social | 31 |
| Security Administration except pursuant
to a written request | 32 |
| by, or with the prior written consent of, the
individual | 33 |
| except: (1) to officers and employees of the Secretary
who
have | 34 |
| a need to know the social security numbers in performance of | 35 |
| their
official duties, (2) to law enforcement officials for a | 36 |
| lawful, civil or
criminal law enforcement investigation, and if |
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| the head of the law enforcement
agency has made a written | 2 |
| request to the Secretary specifying the law
enforcement | 3 |
| investigation for which the social security numbers are being
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| sought, (3) to the United States Department of Transportation, | 5 |
| or any other
State, pursuant to the administration and | 6 |
| enforcement of the Commercial
Motor Vehicle Safety Act of 1986, | 7 |
| (4) pursuant to the order of a court
of competent jurisdiction, | 8 |
| or (5) to the Department of Public Aid for
utilization
in the | 9 |
| child support enforcement duties assigned to that Department | 10 |
| under
provisions of the Public Aid Code after the individual | 11 |
| has received advanced
meaningful notification of what | 12 |
| redisclosure is sought by the Secretary in
accordance with the | 13 |
| federal Privacy Act.
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| (i) (Blank).
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| (j) Medical statements or medical reports received in the | 16 |
| Secretary of
State's Office shall be confidential. No | 17 |
| confidential information may be
open to public inspection or | 18 |
| the contents disclosed to anyone, except
officers and employees | 19 |
| of the Secretary who have a need to know the information
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| contained in the medical reports and the Driver License Medical | 21 |
| Advisory
Board, unless so directed by an order of a court of | 22 |
| competent jurisdiction.
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| (k) All fees collected under this Section shall be paid | 24 |
| into the Road
Fund of the State Treasury, except that (i) for | 25 |
| fees collected before October
1, 2003, $3 of the $6 fee for a
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| driver's record shall be paid into the Secretary of State | 27 |
| Special Services
Fund, (ii) for fees collected on and after | 28 |
| October 1, 2003, of the $12 fee
for a driver's record, $3 shall | 29 |
| be paid into the Secretary of State Special
Services Fund and | 30 |
| $6 shall be paid into the General Revenue Fund, and (iii) for
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| fees collected on and after October 1, 2003, 50% of the amounts | 32 |
| collected
pursuant to subsection (b) shall be paid into the | 33 |
| General Revenue Fund.
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| (l) (Blank).
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| (m) Notations of accident involvement that may be disclosed | 36 |
| under this
Section shall not include notations relating to |
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| damage to a vehicle or other
property being transported by a | 2 |
| tow truck. This information shall remain
confidential, | 3 |
| provided that nothing in this subsection (m) shall limit
| 4 |
| disclosure of any notification of accident involvement to any | 5 |
| law enforcement
agency or official.
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| (n) Requests made by the news media for driver's license, | 7 |
| vehicle, or
title registration information may be furnished | 8 |
| without charge or at a reduced
charge, as determined by the | 9 |
| Secretary, when the specific purpose for
requesting the | 10 |
| documents is deemed to be in the public interest. Waiver or
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| reduction of the fee is in the public interest if the principal | 12 |
| purpose of the
request is to access and disseminate information | 13 |
| regarding the health, safety,
and welfare or the legal rights | 14 |
| of the general public and is not for the
principal purpose of | 15 |
| gaining a personal or commercial benefit.
The information | 16 |
| provided pursuant to this subsection shall not contain
| 17 |
| personally identifying information unless the information is | 18 |
| to be used for one
of the
purposes identified in subsection | 19 |
| (f-5) of this Section.
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| (o) The redisclosure of personally identifying information
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| obtained
pursuant
to this Section is prohibited, except to the | 22 |
| extent necessary to effectuate the
purpose
for which the | 23 |
| original disclosure of the information was permitted.
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| (p) The Secretary of State is empowered to adopt rules
to
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| effectuate this Section.
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| (Source: P.A. 92-32, eff. 7-1-01; 92-651, eff. 7-11-02; 93-32, | 27 |
| eff. 7-1-03; 93-438, eff. 8-5-03; 93-895, eff. 1-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law.
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