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


Rep. Margaret Croke

Filed: 5/15/2024





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2    AMENDMENT NO. ______. Amend Senate Bill 2978 by replacing
3everything after the enacting clause with the following:
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



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1Responsibility Law.
2    Chapter 11: the Illinois Rules of the Road.
3    Chapter 12: the Illinois Vehicle Equipment Law.
4    Chapter 13: the Illinois Vehicle Inspection Law.
5    Chapter 14: the Illinois Vehicle Equipment Safety Compact.
6    Chapter 15: the Illinois Size and Weight Law.
7    Chapter 17: the Illinois Highway Safety Law.
8    Chapter 18a: the Illinois Commercial Relocation of
9Trespassing Vehicles Law.
10    Chapter 18b: the Illinois Motor Carrier Safety Law.
11    Chapter 18c: the Illinois Commercial Transportation Law.
12    Chapter 18d: The Illinois Commercial Safety Towing Law.
13(Source: P.A. 95-562, eff. 7-1-08.)
14    (625 ILCS 5/Ch. 2A heading new)

16    (625 ILCS 5/2A-101 new)
17    Sec. 2A-101. Statement of intent and purpose. The purpose
18of this Chapter is to comply with the federal Driver's Privacy
19Protection Act of 1994 in order to protect the interest of
20individuals in their personal privacy by prohibiting the
21disclosure and use of personal information contained in their
22motor vehicle record, except as authorized by the individual
23or by law.



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1    (625 ILCS 5/2A-102 new)
2    Sec. 2A-102. Definitions. As used in this Chapter:
3    "Access agreement" means an agreement between the
4Secretary and any person, governmental entity, or private
5party for access to the Secretary of State's vehicle records,
6driver records, or electronic motor vehicle records.
7    "Breach of the security of the system data" or "breach"
8means unauthorized acquisition of computerized data that
9compromises the security, confidentiality, or integrity of
10personally identifying information maintained by an authorized
11recipient. "Breach of the security of the system data" does
12not include good faith acquisition of personally identifying
13information by an employee or agent of the authorized
14recipient for an authorized purpose under this Chapter if the
15personally identifying information is not used for a purpose
16unrelated to the authorized purpose for which the personally
17identifying information as obtained or subject to further
18unauthorized disclosure.
19    "Disclose" means to engage in any practice or conduct to
20make available and make known personal information contained
21in a motor vehicle record about a person to any person,
22organization, or entity by any means of communication.
23    "Law enforcement agency" means a federal, State, or local
24agency, unit of local government, or private entity charged
25with the enforcement of federal, State, county, or municipal
26laws or with managing custody of detained persons in any state



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1or jurisdiction and not otherwise prohibited by this Act.
2    "Material breach" means any breach of the security of the
3system data that requires notice under Section 10 of the
4Illinois Personal Information Protection Act or any other
5State or federal law or a violation of subsection (f) of
6Section 2A-111.
7    "Motor vehicle record" means any record that pertains to a
8motor vehicle operator's permit, including, but not limited
9to, a commercial learner's permit, driver's license,
10instruction permit, monitoring device driving permit,
11probationary license or restricted driving permit, motor
12vehicle title, motor vehicle registration, or identification
13card issued by the Secretary of State.
14    "Private party" means any natural person, firm,
15copartnership, association, or business entity other than a
16governmental entity.
17    "Private toll transportation facility" means any toll
18operated or maintained on the roads, highways, or interstates
19by a nongovernmental entity.
20    "Requester" means a person, private party, or governmental
21entity requesting motor vehicle records or other information
22from the Secretary of State.
23    (625 ILCS 5/2A-103 new)
24    Sec. 2A-103. Prohibition on disclosure of social security



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1    (a) The Secretary shall not disclose a social security
2number provided to the Secretary of State in connection with a
3motor vehicle record, whether an applicant provided a social
4security number, or any associated information obtained from
5the Social Security Administration except pursuant to a
6written request by, or with the prior written consent of, the
7individual, except:
8        (1) to officers and employees of the Secretary who
9    have a need to know the social security numbers in
10    performance of their official duties;
11        (2) to law enforcement officials for a civil or
12    criminal law enforcement investigation, except as
13    restricted by this Chapter, and only if an officer of the
14    law enforcement agency has made a written request to the
15    Secretary specifying the law enforcement investigation for
16    which the social security numbers are being sought;
17        (3) to the United States Department of Transportation
18    or any other state, under the administration and
19    enforcement of the Commercial Motor Vehicle Safety Act of
20    1986 or participation in state-to-state verification
21    service;
22        (4) pursuant to the order of a court of or a subpoena
23    issued by a court;
24        (5) to the Department of Healthcare and Family
25    Services for use in the child support enforcement duties
26    assigned to that Department under provisions of the



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1    Illinois Public Aid Code after the individual has received
2    advanced notification of what redisclosure is sought by
3    the Secretary in accordance with the federal Privacy Act
4    of 1974;
5        (6) to the Department of Healthcare and Family
6    Services and the Department of Human Services solely for
7    the purpose of verifying identity and State residency
8    where such residency is an eligibility requirement for
9    benefits under the Illinois Public Aid Code or any other
10    health benefit program administered by the Department of
11    Healthcare and Family Services or the Department of Human
12    Services;
13        (7) to the Department of Revenue solely for use by the
14    Department of Revenue in the collection of any tax or debt
15    that the Department of Revenue is authorized or required
16    by law to collect; however, the Department of Revenue
17    shall not disclose the social security number to any
18    person or entity outside the Department of Revenue;
19        (8) to the Department of Veterans' Affairs for the
20    purpose of confirming veteran status;
21        (9) the last 4 digits to the State Board of Elections
22    for purposes of voter registration and as may be required
23    under an agreement for a multi-state voter registration
24    list maintenance system. If social security information is
25    disclosed by the Secretary in accordance with this
26    Section, no liability shall rest with the Office of the



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1    Secretary of State or any of its officers or employees, as
2    the information is released for official purposes only;
3        (10) to the United States Selective Service for
4    purposes of Selective Service registration; or
5        (11) to the Treasurer for purposes of administering
6    the Revised Uniform Unclaimed Property Act.
7    (b) A State governmental agency that receives an
8individual's social security number under subsection (a) may
9not redisclose the social security number except as required
10by law. A State governmental agency that rediscloses a social
11security number as authorized by this subsection shall
12maintain records for a minimum of 5 years that identify every
13entity to which the government agency provided the social
14security number. Records kept in accordance with this
15subsection must be available to the Secretary upon request.
16    (c) Nothing in this Section prohibits an individual from
17having access to that individual's own social security number
18that was provided to the Secretary in connection with a motor
19vehicle record.
20    (d) Knowingly obtaining or using a social security number
21from a motor vehicle record in violation of this Section is a
22Class A misdemeanor.
23    (e) Any person who uses or acquires with the intent to use
24a social security number for a reason other than authorized by
25this Section that subjects the Secretary to any liability or
26claim shall indemnify and hold harmless the Secretary from all



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1such liabilities and claims, including attorney's fees and
2court costs, incurred in any action.
3    (625 ILCS 5/2A-104 new)
4    Sec. 2A-104. Confidentiality of captured photographs,
5signatures, or images.
6    (a) The Secretary of State shall maintain all photographs,
7signatures, and images obtained in the process of issuing a
8driver's license, permit, identification card, or in
9connection to a certificate of title or vehicle registration.
10Except as otherwise provided in this Section, the photographs,
11signatures, and images shall be confidential and shall not be
12disclosed except to the following persons:
13        (1) the individual to whom the driver's license,
14    permit, identification card, certificate of title, or
15    vehicle registration was issued upon written request;
16        (2) officers and employees of the Secretary of State
17    who have a need to have access to the stored photographs,
18    signatures, and images for purposes of issuing and
19    controlling driver's licenses, permits, or identification
20    cards and investigation of fraud or misconduct;
21        (3) law enforcement officials for a civil or criminal
22    law enforcement investigation, except as restricted by
23    this Chapter and only if an officer of the law enforcement
24    agency has made a written request to the Secretary
25    specifying the law enforcement investigation for which the



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1    photographs, signatures, and images are being sought,
2    though the Secretary retains the right to require
3    additional verification regarding the validity of the
4    request;
5        (4) the State Board of Elections for the sole purpose
6    of providing the signatures required by a local election
7    authority to register a voter through an online voter
8    registration system;
9        (5) officers and employees of the Secretary of State
10    who have a need to have access to the stored photographs,
11    signatures, and images for purposes of issuing and
12    controlling notary public commissions and for the purpose
13    of providing the signatures required to process online
14    applications for appointment and commission as notaries
15    public; or
16        (6) other entities that the Secretary may authorize by
17    rule.
18    (b) The Secretary of State shall not provide facial
19recognition search services or photographs obtained in the
20process of issuing a driver's license or permit to any
21federal, state, or local law enforcement agency or other
22governmental entity for the purpose of enforcing federal
23immigration laws and in accordance with Section 2A-106. This
24subsection shall not apply to requests from federal, state, or
25local law enforcement agencies or other governmental entities
26for facial recognition search services or photographs obtained



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1in the process of issuing a driver's license or permit when the
2purpose of the request relates to criminal activity other than
3violations of immigration laws.
4    (625 ILCS 5/2A-105 new)
5    Sec. 2A-105. Confidentiality of documents submitted for
6driver's licenses and vehicle transactions. Documents required
7to be submitted with an application for a certificate of
8title, vehicle registration, or driver's license to prove the
9applicant's identity (name and date of birth), social security
10number or lack of a social security number, written signature,
11residency, and, as applicable, citizenship or immigration
12status and country of citizenship shall be confidential and
13shall not be disclosed except to the following persons:
14        (1) the individual to whom the certificate of title,
15    vehicle registration, or driver's license or permit was
16    issued, upon request;
17        (2) officers and employees of the Secretary of State
18    who have a need to access the stored photographs,
19    signatures, and images for purposes of issuing and
20    controlling vehicle titling or vehicle registration,
21    driver's licenses, permits, or identification cards and
22    investigation of fraud or misconduct;
23        (3) law enforcement officials for a civil or criminal
24    law enforcement investigation, except as restricted by
25    this Chapter; or



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1        (4) other entities that the Secretary may authorize by
2    rule.
3    (625 ILCS 5/2A-106 new)
4    Sec. 2A-106. Restrictions on use of information for
5immigration enforcement.
6    (a) The Secretary may not release or make accessible in
7any manner any highly restricted personal information as
8defined in Section 1-125.9 or personally identifying
9information as defined in Section 1-159.2, provide images,
10photos, or facial recognition services as described in Section
112A-104 or disclose documents as described in Section 2A-105 to
12any immigration agent as defined in Section 10 of the Illinois
13TRUST Act, unless necessary to comply with the following:
14        (1) a lawful court order;
15        (2) a judicial warrant signed by a judge appointed
16    pursuant to Article III of the Constitution of the United
17    States; or
18        (3) a subpoena for individual records issued by a
19    federal or State court.
20    When responding to such a court order, warrant, or
21subpoena, the Secretary shall disclose only those documents or
22information specifically requested. Within 3 business days
23after receiving such a court order, warrant, or subpoena, the
24Secretary shall send a notification to the individual about
25whom such information was requested that a court order,



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1warrant, or subpoena was received and the identity of the
2entity that presented the court order, warrant, or subpoena.
3    (b) The Secretary shall not enter into or maintain any
4agreement regarding the sharing of any highly restricted
5personal information as defined in Section 1-125.9, personally
6identifying information as defined in Section 1-159.2, images
7or photos described in Section 2A-104, or documents described
8in Section 2A-105 unless all other parties to such agreement
9certify that the information obtained will not be used for
10civil immigration purposes or knowingly disseminated to any
11third party for any purpose related to civil immigration
13    (625 ILCS 5/2A-108 new)
14    Sec. 2A-108. Disclosure with consent. Personally
15identifying information as defined in this Code may be
16disclosed upon request if the person making the request is the
17subject of the information or the person making the request
18demonstrates in such form and manner as the Secretary
19prescribes that the person has obtained the written consent of
20the person who is the subject of the information. If the person
21making the request is not the subject of the information, such
22form and manner as the Secretary prescribes shall include a
23certification that the requester has compiled with the
24requirements of this Section.



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1    (625 ILCS 5/2A-109 new)
2    Sec. 2A-109. Permitted disclosures.
3    (a) Except as otherwise prohibited by this Chapter, the
4Secretary may make the driver's license, vehicle and title
5registration lists, in part or in whole, and any statistical
6information derived from these lists available to local
7governments, elected State officials, State educational
8institutions, and all other governmental units of the State or
9federal government requesting them for governmental purposes.
10The Secretary shall require any such applicant for services to
11pay for the costs of furnishing such services and in addition
12is empowered to establish prices and charges for the services
13so furnished.
14    (b) Except as otherwise prohibited by this Chapter, the
15Secretary is further empowered to and may, in the Secretary's
16discretion, furnish to any applicant other than listed in
17subsection (a), vehicle or driver data via digital
18transmission at a fixed fee of $500, in advance, and a charge
19of $50, per 1,000 motor vehicle records or part thereof. This
20service shall not be in lieu of an abstract of a driver's
21record nor of a title or registration search. This information
22sold under this subsection may be the entire vehicle or driver
23data list or part thereof. The information sold under this
24subsection shall not contain personally identifying
25information unless the information is to be used for one of the
26purposes identified in subsection (e) and may not be used for



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1solicitation in any form or manner. Commercial purchasers of
2driver and vehicle record databases shall enter into a written
3access agreement under Section 2A-111 with the Secretary that
4includes disclosure of the commercial use of the information
5to be purchased. The Secretary may, in the Secretary's
6discretion, allow for bulk files as may be appropriate and in
7accordance with this Chapter to any applicant.
8    (c) The Secretary may compile a list of all registered
9vehicles. Each list of registered vehicles shall be arranged
10serially according to the registration numbers assigned to
11registered vehicles and may contain in addition the names and
12addresses of registered owners and a brief description of each
13vehicle, including the serial or other identifying number
14thereof. Such compilation may be in such form as the
15Secretary, in the Secretary's discretion, may deem best for
16the purposes intended.
17    (d) Except as otherwise prohibited by this Chapter, the
18Secretary shall make a title or registration search of the
19records of the Secretary of State and a written report on the
20same for any person, upon written application of such person,
21accompanied by a fee of $5 for each registration or title
22search. The written application shall set forth the intended
23use of the requested information. No fee shall be charged for a
24title or registration search, or for the certification
25thereof, requested by a government agency. The report of the
26title or registration search shall not contain personally



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1identifying information unless the request for a search was
2made for one of the purposes identified in subsection (e). The
3report of the title or registration search shall not contain
4highly restricted personal information unless specifically
5authorized by this Chapter.
6    The Secretary shall certify a title or registration record
7upon written request. The fee for certification shall be $5 in
8addition to the fee required for a title or registration
9search. Certification shall be made under the signature of the
10Secretary and shall be authenticated by the Seal of the
12    The Secretary may notify the vehicle owner or registrant
13of the request for purchase of the vehicle owner's title or
14registration information as the Secretary deems appropriate.
15No information shall be released to the requester until
16expiration of a 10-day period. This 10-day period shall not
17apply to requests for information made by law enforcement
18officials, government agencies, financial institutions,
19attorneys, insurers, employers, automobile associated
20businesses, the vehicle owner or registrant, or other entities
21as the Secretary may deem by rule and regulation.
22    (e) Except as otherwise prohibited by this Chapter, the
23Secretary shall not disclose or otherwise make available to
24any person or entity any personally identifying information
25obtained by the Secretary in connection with a motor vehicle
26record unless the information is disclosed for one of the



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



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1        recovering on a debt or security interest against the
2        individual.
3        (4) For use in research activities and for use in
4    producing statistical reports, if the personally
5    identifying information is not published, redisclosed, or
6    used to contact individuals.
7        (5) For use in connection with any civil, criminal,
8    administrative, or arbitral proceeding in any federal,
9    State, or local court or agency or before any
10    self-regulatory body, including the service of process,
11    investigation in anticipation of litigation, and the
12    execution or enforcement of judgments and orders, or
13    pursuant to an order of a federal, State, or local court.
14        (6) For use by any insurer or insurance support
15    organization or by a self-insured entity or its agents,
16    employees, or contractors in connection with claims
17    investigation activities, antifraud activities, rating, or
18    underwriting.
19        (7) For use in providing notice to the owners of towed
20    or impounded vehicles.
21        (8) For use by an employer or its agent or insurer to
22    obtain or verify information relating to a holder of a
23    commercial driver's license that is required under Chapter
24    313 of Title 49 of the United States Code.
25        (9) For use in connection with the operation of
26    private toll transportation facilities.



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1        (10) For use by any requester, if the requester
2    demonstrates it has obtained the written consent of the
3    individual to whom the information pertains.
4        (11) For use by members of the news media as defined in
5    Section 1-148.5 for the purpose of newsgathering when the
6    request relates to the operation of a motor vehicle or
7    public safety. Requests made by the news media for motor
8    vehicle record information may be furnished without charge
9    or at a reduced charge, as determined by the Secretary,
10    when the specific purpose for requesting the documents is
11    deemed to be in the public interest. Waiver or reduction
12    of the fee is in the public interest if the principal
13    purpose of the request is to access and disseminate
14    information regarding the health, safety, and welfare or
15    the legal rights of the general public and is not for the
16    principal purpose of gaining a personal or commercial
17    benefit.
18        (12) For any other use specifically authorized by law,
19    if that use is related to the operation of a motor vehicle
20    or public safety.
21    (f) The Secretary shall not disclose or otherwise make
22available to any person or entity any highly restricted
23personal information, as defined in Section 1-125.9, obtained
24by the Secretary in connection with a motor vehicle record
25unless specifically authorized by this Code.
26    (g)(1) The Secretary may, in accordance with this Code,



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1furnish to the person or agency so requesting a driver's
2record or data contained therein. Such document may include a
3record of: current driver's license issuance information,
4except that the information on judicial permits or monitoring
5device driving permits shall be available only as otherwise
6provided by this Code; convictions; orders entered revoking,
7suspending, or canceling a driver's license or privilege; and
8notations of crash involvement. All other information, unless
9otherwise permitted by this Code, shall remain confidential.
10Information released under a request for a driver's record
11shall not contain personally identifying information, unless
12the request for the driver's record was made for one of the
13purposes set forth in subsection (e). The Secretary may,
14without fee, allow a parent or guardian of a person under the
15age of 18 years, who holds an instruction permit or graduated
16driver's license, to view that person's driving record online,
17through a computer connection. The parent or guardian's online
18access to the driving record will terminate when the
19instruction permit or graduated driver's license holder
20reaches the age of 18.
21    (2) The Secretary of State may certify an abstract of a
22driver's record upon written request therefor. Such
23certification shall be made under the signature of the
24Secretary and shall be authenticated by the Seal of the
25Secretary's office.
26    (3) All requests for driving record information shall be



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



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1authority, public defender, law enforcement agency, a State or
2federal agency, or a State local intergovernmental
3association, if the request is for the purpose of a background
4check of applicants for employment with the requesting agency,
5or the purpose of an official investigation conducted by the
6agency, or to determine a current address for the driver so
7public funds can be recovered or paid to the driver, or for any
8other purpose set forth in subsection (e).
9    The Secretary may also furnish the courts a copy of an
10abstract of a driver's record, without fee, subsequent to an
11arrest or issuance of a Uniform Citation and Complaint for any
12violation of a provision of this Code or a similar provision of
13a local ordinance. Such abstract may include records of
14dispositions, documented information involving the use of a
15motor vehicle as contained in the current file, whether such
16individual has, or previously had, a driver's license, and the
17address and personal description as reflected on said driver's
19    (6) Any certified abstract issued by the Secretary or
20transmitted electronically by the Secretary under this
21Section, to a court or on request of a law enforcement agency,
22for the record of a named person as to the status of the
23person's driver's license shall be prima facie evidence of the
24facts therein stated and if the name appearing in such
25abstract is the same as that of a person named in an
26information or warrant, such abstract shall be prima facie



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1evidence that the person named in such information or warrant
2is the same person as the person named in such abstract and
3shall be admissible for any prosecution under this Code and be
4admitted as proof of any prior conviction or proof of records,
5notices, or orders recorded on individual driving records
6maintained by the Secretary.
7    (7) Subject to any restrictions contained in the Juvenile
8Court Act of 1987, and upon receipt of a proper request and a
9fee as set forth in Section 6-118, the Secretary shall provide
10a driver's record or data contained therein to the affected
11driver, or the affected driver's attorney, upon verification.
12Such record shall contain all the information referred to in
13paragraph (1), plus: any recorded crash involvement as a
14driver; and information recorded under subsection (e) of
15Section 6-117 and paragraph (4) of subsection (a) of Section
166-204. All other information, unless otherwise permitted by
17this Code, shall remain confidential.
18    (h) Medical statements or medical reports received by the
19Secretary of State shall be confidential. Except as provided
20in this Chapter, no confidential information may be open to
21public inspection or the contents disclosed to anyone, except
22officers and employees of the Secretary of State who have a
23need to know the information contained in the medical reports
24and the Driver License Medical Advisory Board, unless so
25directed by an order of a court of competent jurisdiction, or
26in response to a civil action filed under the Illinois



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1Administrative Procedure Act as it relates to an order of
2cancellation, suspension, or revocation. If the Secretary
3receives a medical report regarding a driver that does not
4address a medical condition contained in a previous medical
5report, the Secretary may disclose the unaddressed medical
6condition to the driver or his or her physician, or both,
7solely for the purpose of submission of a medical report that
8addresses the condition.
9    (i) Notations of crash involvement that may be disclosed
10under this Section shall not include notations relating to
11damage to a vehicle or other property being transported by a
12tow truck. The information shall remain confidential, as long
13as nothing in this subsection shall limit disclosure of any
14notification of crash involvement to any law enforcement
15agency or official.
16    (j) Under the Uniform Anatomical Gift Act and under an
17access agreement as set forth in Section 2A-108, the Secretary
18shall allow organ procurement organizations, as defined by the
19Uniform Anatomical Gift Act, access to the name, address,
20gender, date of birth, driver's license or identification card
21number, and date of consent a person joined the First Person
22Consent organ and donor registry for the purpose of
23determining whether a potential organ and tissue donor is
24included in the First Person Consent organ and tissue donor



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1    (625 ILCS 5/2A-110 new)
2    Sec. 2A-110. Fees. Disbursement of fees collected under
3this Chapter shall be as follows:
4        (1) of the $20 fee for a driver's record, $11 shall be
5    paid into the Secretary of State Special Services Fund,
6    and $6 shall be paid into the General Revenue Fund;
7        (2) 50% of the amounts collected under this Chapter
8    shall be paid into the General Revenue Fund; and
9        (3) all remaining fees shall be disbursed under
10    subsection (g) of Section 2-119.
11    (625 ILCS 5/2A-111 new)
12    Sec. 2A-111. Commercial requesters; access agreements;
13electronic access; data security; procedural safeguards.
14    (a) The Secretary may grant access to the electronic motor
15vehicle records as provided in this Section or Section 5-47 of
16the Anatomical Gift Act, for commercial use if the Secretary
17determines there is a legitimate business need to grant access
18and access is in the best interests of the State.
19    (b) A request for electronic access to motor vehicle
20records must be submitted in writing and include:
21        (1) a signed and notarized certified statement of use
22    that sets forth the purpose of the request and the
23    specific information or type of information sought. If
24    personally identifying information is requested, the
25    statement shall include the basis under which such



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



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1    accessing, or using motor vehicle records;
2        (4) providing quarterly written certifications through
3    the duration of the access agreement confirming that the
4    personal information from motor vehicle records contained
5    within information systems has been breached or otherwise
6    compromised in the preceding quarter, unless the recipient
7    agreement requires immediate notification;
8        (5) providing the requester's latest Service
9    Organization Control SOC 2, Type II report completed by a
10    certified auditing agency, as well as any gap letters
11    required to cover stated controls for the applicable
12    annual period not to exceed 3 months, if required in the
13    sole discretion of the Secretary;
14        (6) certifying that the requester adheres to adequate
15    network security standards as determined by the parties to
16    the access agreement;
17        (7) agreeing to complete the Secretary of State's
18    security assessment, if required by the Secretary, prior
19    to the execution of the access agreement;
20        (8) maintaining records demonstrating that an
21    individual has consented to disclosure of the individual's
22    personally identifying information, where the basis for
23    obtaining the information under paragraph (1) is consent;
24    and
25        (9) indemnifying and holding the Secretary of State
26    harmless from any data breach or unauthorized use of data.



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1    (d) The Secretary may establish minimum security standards
2and technological requirements and any terms and conditions as
3the Secretary deems necessary for the agreement and the direct
4electronic access to motor vehicle records, including, but not
5limited to, requiring a comprehensive data security program
6and designing, implementing, and regular tests of its
7safeguards. If required by the Secretary of State, the
8requester shall be required to perform penetrative testing of
9its data security system and shall promptly allow the
10Secretary of State to view an executive summary of the results
11of that penetrative testing upon request by the Secretary.
12    (e) An access agreement shall be for a term to be
13determined by the Secretary.
14    (f) All users granted direct access are prohibited from
15any type of data mining or web mining of Secretary of State
16data. Prohibited data mining or web mining includes, but is
17not limited to, use of website copying software, web data
18preprocessing, creation of web metrics and mathematical
19models, web log analysis, static and dynamic visitor
20profiling, intelligent information retrieval, hyperlink
21analysis, use of spider or crawl programs, or both (vertical
22search engines), web usage mining, web structure mining, web
23content mining, data or information extraction, web
24information integration and schema matching, knowledge
25synthesis, segmenting, noise detection, use of topic-sensitive
26PageRank software, use of filtering techniques, meta-search



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1engines, or any other type of automated search of information
2that goes beyond keyword extraction. Violation of this Section
3is considered a material breach and may result in termination
4of an access agreement and access to motor vehicle records.
5Data or web mining is further considered computer tampering
6under Section 17-51 of the Criminal Code of 2012.
7    (g)(1) The requester shall properly and timely dispose of
8the materials containing personally identifiable information
9in a manner that renders the personal information unreadable
10and undecipherable, in accordance with the Personal
11Information Protection Act.
12    (2) The requester shall not make any personally
13identifiable information from motor vehicle records available
14to other persons, firms, corporations, partnerships, members
15of the public, persons outside the employ or direct control of
16the requester, or other entities without the prior express
17written consent of the Secretary, except as provided in an
18approved certified statement of use.
19    (3) A requester who sells or discloses any personally
20identifying information obtained from the Secretary in any
21manner allowed under the access agreement shall enter into a
22written agreement with the party receiving the personally
23identifying information that, at a minimum:
24        (A) prohibits the redisclosure of the personally
25    identifying information, except as authorized by the
26    requester's certified statement of use;



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1        (B) sets forth the authorized use under Section 2A-109
2    for which the receiving party acquired the personally
3    identifying information;
4        (C) requires the person or entity receiving the
5    personally identifying information to acknowledge all
6    relevant terms and conditions of the authorized
7    recipient's access agreement with the Secretary of State
8    and to be subject to the laws of this State, including this
9    Code; and
10        (D) indemnifies and holds the Secretary of State
11    harmless from any data breach or unauthorized use of data.
12    (4) A requester who sells or discloses any personally
13identifying information obtained from the Secretary in any
14manner allowed under the access agreement shall maintain
15records of the redisclosure and the written agreement required
16by paragraph (5) of subsection (k) for a minimum of 5 years,
17The requester shall make the records available to the
18Secretary within 5 business days upon request of the
19Secretary, unless otherwise agreed upon by the parties.
20    (5) The requester shall not sell or repackage any
21information from motor vehicle records under the name of the
22Secretary of State or use the State Seal with respect to any
23data obtained through an access agreement.
24    (6) The requester shall adhere to the Data Processing
25Confidentiality Act. The requester agrees not to use, sell,
26furnish, or otherwise make available any personally



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1identifying information contained in the motor vehicle record
2accessed under an access agreement for any prohibited reason,
3including, but not limited to, commercial solicitation
4purposes, to contact individuals for advertising, offering for
5sale, marketing or sale of products or services, or
6identifying potential employees. A violation of this
7subsection shall result in the denial of personally
8identifying information for a term of 5 years.
9    (7) The requester shall carry insurance coverage in
10amounts sufficient to cover the requester's potential
11liabilities arising out of the provision of services under an
12access agreement. The requester shall provide an insurance
13certificate naming the Secretary as an additional insured on
14the general liability, professional liability, and cyber
15liability coverages and shall provide the insurance
16certificates with evidence of additional insured status and
17all required coverages prior to the execution of additional
18insured status and all required coverages prior to the
19execution of the access agreement. Insurance shall not limit
20the requester's obligations to indemnify, defend, or settle
21any and all claims. Requesters shall procure and maintain the
22following insurance coverage throughout the term of an access
23agreement and any renewals thereof:
24        (A) professional liability (errors and omissions)
25    insurance covering errors, omissions, or negligence in the
26    provision of services under an access agreement with



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1    limits determined by the Secretary in an amount
2    commiserate with the volume of records purchased by the
3    requester and necessary to protect the constituents of
4    this State;
5        (B) cyber liability or data or privacy protection
6    insurance with limits determined by the Secretary in an
7    amount commiserate with the volume of records purchased by
8    the requester and necessary to protect the constituents of
9    this State.
10    (h) A material breach of any provision contained within
11this Chapter or the access agreement may result in the
12immediate revocation of the access agreement.
13    (i) The Secretary may terminate an access agreement
14immediately, if:
15        (1) the requested personally identifying information
16    is used for a purpose other than the purpose identified in
17    the recipient's certified statement of use or written
18    application or in violation of any provision of Section
19    2A-114;
20        (2) the requester violates any provision of the access
21    agreement; or
22        (3) the requester violates any provision of this
23    Chapter.
24    (625 ILCS 5/2A-112 new)
25    Sec. 2A-112. Random audit. The Secretary may, at any time,



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1conduct a random audit of applications for access agreements,
2requests for information, or certified statements of use
3submitted and processed pursuant to this Chapter to verify the
4authenticity of the documents and information submitted in
5support of those applications.
6    Any person or entity receiving personally identifying
7information from a motor vehicle record or electronic access
8to motor vehicle records pursuant to this Chapter shall have
9an affirmative duty to cooperate with the audit and provide
10any information or supporting documentation requested by the
12    (625 ILCS 5/2A-113 new)
13    Sec. 2A-113. Redisclosure.
14    (a) If the Secretary discovers that personally identifying
15information from a motor vehicle record has been wrongfully
16disclosed by a requester, the requester shall notify the
17entity or person to whom the personally identifying
18information was wrongfully disclosed that the personally
19identifying information may not be used, resold, or
20redisclosed in any way and must be immediately destroyed. The
21Secretary shall notify the subject of the personally
22identifying information that the personally identifying
23information was wrongly disclosed.
24    (b) A requester who has access to motor vehicle records
25and who rediscloses any personally identifying information



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1connected with a motor vehicle record must notify each entity
2or person to whom the personally identifying information is
3redisclosed that the personally identifying information may
4not be further disclosed unless the disclosure is authorized
5by the Driver's Privacy Protection Act and this Code.
6    (625 ILCS 5/2A-114 new)
7    Sec. 2A-114. Prohibitions and violations of this Chapter.
8    (a) It is unlawful for any person to:
9        (1) knowingly misrepresent the person's identity or to
10    make a false statement to obtain any information
11    associated with a motor vehicle record;
12        (2) knowingly disclose, sell, or otherwise provide
13    personally identifying information or highly restricted
14    personally identifying information from a motor vehicle
15    record to any person who is not authorized under this
16    Chapter to receive personally identifying information; or
17        (3) knowingly obtain or use a motor vehicle record for
18    a reason other than authorized by this Code.
19    (b) A violation of this Section is a Class A misdemeanor.
20Each unauthorized disclosure, unauthorized use, or false
21representation shall be a separate offense.
22    (c) Except for willful or wanton misconduct, neither the
23Secretary nor the Secretary of State's departments or
24employees shall be civilly liable for any improper use or
25release of motor vehicle records to any person obtaining such



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1records as provided in this Section.
2    (d) Any person convicted of a violation of this Chapter
3shall be permanently barred from receiving motor vehicle
4records, unless the receipt of motor vehicle records is
5otherwise required by State or federal law.
6    (e) The Secretary shall forward any violations of this
7Chapter to the appropriate prosecuting authority for
9    (f) The Secretary may refuse to disclose data under this
10Chapter if the Secretary concludes that the requester is
11likely to use the data for a purpose not authorized by this
13    (625 ILCS 5/2A-115 new)
14    Sec. 2A-115. Data system security breach. Any person who
15has access to personally identifying information contained
16within motor vehicle records who experiences a breach of the
17security of the data system as defined in this Chapter or has
18any reason to believe that personally identifying information
19contained within Secretary of State data has been compromised
20must comply with the Personal Information Protection Act and
21provide the required notices to all persons whose personally
22identifying information has been exposed. If notices are not
23required by the Personal Information Protection Act, the
24Secretary may, at the Secretary's discretion, require notice
25be sent to persons whose data was obtained in a data breach or



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1by an unauthorized user.
2    (625 ILCS 5/2A-116 new)
3    Sec. 2A-116. Procedural safeguards to protect
4confidentiality. Any person who has access to personally
5identifying information from motor vehicle records shall
6establish procedures to protect the confidentiality of those
7records. If any personally identifying information is
8redisclosed as allowed by this Chapter, the person receiving
9the personally identifying information must also take all
10steps necessary to ensure confidentiality and to prevent the
11release of the personally identifying information.
12    (625 ILCS 5/2A-117 new)
13    Sec. 2A-117. Rules. The Secretary may adopt rules to
14administer and enforce this Chapter.
15    (625 ILCS 5/2-123 rep.)
16    (625 ILCS 5/6-110.1 rep.)
17    (625 ILCS 5/6-110.2 rep.)
18    (625 ILCS 5/6-110.3 rep.)
19    Section 10. The Illinois Vehicle Code is amended by
20repealing Sections 2-123, 6-110.1, 6-110.2, and 6-110.3.".