Full Text of SB2874 95th General Assembly
SB2874eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning revenue.
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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 Department of Revenue Law of the
Civil | 5 |
| Administrative Code of Illinois is amended by adding Section | 6 |
| 2505-255 as follows: | 7 |
| (20 ILCS 2505/2505-255 new) | 8 |
| Sec. 2505-255. Payment by credit card. The Department may | 9 |
| adopt rules and regulations for payment by credit card of any | 10 |
| amount due under any Act administered by the Department | 11 |
| provided that, prior to December 31, 2008, the Department may | 12 |
| accept payment by credit card only when the Department is not | 13 |
| required to pay a discount fee charged by the credit card | 14 |
| issuer. | 15 |
| Section 10. The Illinois State Collection Act of 1986 is | 16 |
| amended by adding Section 9 as follows: | 17 |
| (30 ILCS 210/9 new)
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| Sec. 9. Collection agency fees. Except where prohibited by | 19 |
| federal law or regulation, in the case of any liability | 20 |
| referred to a collection agency on or after July 1, 2008, any | 21 |
| fee charged to the State by the collection agency is considered |
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| an additional liability owed to the State, is immediately | 2 |
| subject to all collection procedures applicable to the | 3 |
| liability referred to the collection agency, and must be | 4 |
| separately stated in any statement or notice of the liability | 5 |
| issued by the collection agency to the taxpayer. | 6 |
| Section 15. The Illinois Income Tax Act is amended by | 7 |
| changing Section 605 as follows:
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| (35 ILCS 5/605) (from Ch. 120, par. 6-605)
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| Sec. 605. The Department may adopt rules and regulations | 10 |
| for payment
of taxes due under this Act by credit card , | 11 |
| provided that, prior to December 31, 2008, the Department may | 12 |
| accept payment by credit card only when the Department is not
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| required to pay a discount fee charged by the credit card | 14 |
| issuer.
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| (Source: P.A. 87-1175; 87-1189.)
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| Section 20. The Cigarette Use Tax Act is amended by | 17 |
| changing Section 1 as follows:
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| (35 ILCS 135/1) (from Ch. 120, par. 453.31)
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| Sec. 1. For the purpose of this Act, unless otherwise | 20 |
| required by the
context:
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| "Use" means the exercise by any person of any right or | 22 |
| power over
cigarettes incident to the ownership or possession |
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| thereof, other than the
making of a sale thereof in the course | 2 |
| of engaging in a business of selling
cigarettes and shall | 3 |
| include the keeping or retention of cigarettes for use , except | 4 |
| "use" shall not include the use of cigarettes by a | 5 |
| not-for-profit research institution conducting tests | 6 |
| concerning the health effects of tobacco products, provided the | 7 |
| cigarettes are not offered for resale .
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| "Cigarette" means any roll for smoking made wholly or in | 9 |
| part of tobacco
irrespective of size or shape and whether or | 10 |
| not such tobacco is flavored,
adulterated or mixed with any | 11 |
| other ingredient, and the wrapper or cover of
which is made of | 12 |
| paper or any other substance or material except tobacco.
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| "Person" means any natural individual, firm, partnership, | 14 |
| association,
joint stock company, joint adventure, public or | 15 |
| private corporation,
however formed, limited liability | 16 |
| company, or a receiver, executor,
administrator, trustee, | 17 |
| guardian or other representative appointed by order of
any | 18 |
| court.
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| "Department" means the Department of Revenue.
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| "Sale" means any transfer, exchange or barter in any manner | 21 |
| or by any
means whatsoever for a consideration, and includes | 22 |
| and means all sales made
by any person.
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| "Original Package" means the individual packet, box or | 24 |
| other container
whatsoever used to contain and to convey | 25 |
| cigarettes to the consumer.
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| "Distributor" means any and each of the following:
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| a. Any person engaged in the business of selling | 2 |
| cigarettes in this
State who brings or causes to be brought | 3 |
| into this State from without this
State any original | 4 |
| packages of cigarettes, on which original packages there
is | 5 |
| no authorized evidence underneath a sealed transparent | 6 |
| wrapper showing
that the tax liability imposed by this Act | 7 |
| has been paid or assumed by the
out-of-State seller of such | 8 |
| cigarettes, for sale in the course of such
business.
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| b. Any person who makes, manufactures or fabricates | 10 |
| cigarettes in this
State for sale, except a person who | 11 |
| makes, manufactures or fabricates
cigarettes for sale to | 12 |
| residents incarcerated in penal institutions or resident
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| patients or a State-operated mental health facility.
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| c. Any person who makes, manufactures or fabricates | 15 |
| cigarettes outside
this State, which cigarettes are placed | 16 |
| in original packages contained in
sealed transparent | 17 |
| wrappers, for delivery or shipment into this State, and
who | 18 |
| elects to qualify and is accepted by the Department as a | 19 |
| distributor
under Section 7 of this Act.
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| "Distributor" does not include any person who transfers | 21 |
| cigarettes to a not-for-profit
research institution that | 22 |
| conducts tests concerning the
health effects of tobacco | 23 |
| products and who does not offer
the cigarettes for resale.
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| "Distributor maintaining a place of business in this | 25 |
| State", or any like
term, means any distributor having or | 26 |
| maintaining within this State,
directly or by a subsidiary, an |
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| office, distribution house, sales house,
warehouse or other | 2 |
| place of business, or any agent operating within this
State | 3 |
| under the authority of the distributor or its subsidiary,
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| irrespective of whether such place of business or agent is | 5 |
| located here
permanently or temporarily, or whether such | 6 |
| distributor or subsidiary is
licensed to transact business | 7 |
| within this State.
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| "Business" means any trade, occupation, activity or | 9 |
| enterprise engaged
in or conducted in this State for the | 10 |
| purpose of selling cigarettes.
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| "Prior Continuous Compliance Taxpayer" means any person | 12 |
| who is licensed
under this Act and who, having been a licensee | 13 |
| for a continuous period of 5
years, is determined by the | 14 |
| Department not to have been either delinquent
or deficient in | 15 |
| the payment of tax liability during that period or
otherwise in | 16 |
| violation of this Act. Also, any taxpayer who has, as
verified | 17 |
| by the Department, continuously complied with the
condition of | 18 |
| his bond or other security under provisions of this Act of a
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| period of 5 consecutive years shall be considered to be a | 20 |
| "prior
continuous compliance taxpayer". In calculating the | 21 |
| consecutive period of
time described herein for qualification | 22 |
| as a "prior continuous compliance
taxpayer", a consecutive | 23 |
| period of time of qualifying compliance
immediately prior to | 24 |
| the effective date of this amendatory Act of 1987 shall be
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| credited to any licensee who became licensed on or before the | 26 |
| effective date
of this amendatory Act of 1987.
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| (Source: P.A. 95-462, eff. 8-27-07.)
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| Section 25. The Illinois Vehicle Code is amended by | 3 |
| changing 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 | 7 |
| Secretary may make the
driver's license, vehicle and title | 8 |
| registration lists, in part or in whole,
and any statistical | 9 |
| information derived from these lists available to local
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| governments, elected state officials, state educational | 11 |
| institutions, and all
other governmental units of the State and | 12 |
| Federal
Government
requesting them for governmental purposes. | 13 |
| The Secretary shall require any such
applicant for services to | 14 |
| pay for the costs of furnishing such services and the
use of | 15 |
| the equipment involved, and in addition is empowered to | 16 |
| establish prices
and charges for the services so furnished and | 17 |
| for the use of the electronic
equipment utilized.
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| (b) The Secretary is further empowered to and he may, in | 19 |
| his discretion,
furnish to any applicant, other than listed in | 20 |
| subsection (a) of this Section,
vehicle or driver data on a | 21 |
| computer tape, disk, other electronic format or
computer | 22 |
| processable medium, or printout at a fixed fee of
$250 for | 23 |
| orders received before October 1, 2003 and $500 for orders | 24 |
| received
on or after October 1, 2003, in advance, and require |
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| in addition a
further sufficient
deposit based upon the | 2 |
| 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 | 4 |
| before October
1, 2003 and $50 for orders received on or after | 5 |
| October 1, 2003, per 1,000
units or part
thereof identified or | 6 |
| the actual cost, whichever is greater. The Secretary is
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| authorized to refund any difference between the additional | 8 |
| deposit and the
actual cost of the request. This service shall | 9 |
| not be in lieu of an abstract
of a driver's record nor of a | 10 |
| title or registration search. This service may
be limited to | 11 |
| entities purchasing a minimum number of records as required by
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| administrative rule. The information
sold pursuant to this | 13 |
| subsection shall be the entire vehicle or driver data
list, or | 14 |
| part thereof. The information sold pursuant to this subsection
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| shall not contain personally identifying information unless | 16 |
| the information is
to be used for one of the purposes | 17 |
| identified in subsection (f-5) of this
Section. Commercial | 18 |
| purchasers of driver and vehicle record databases shall
enter | 19 |
| into a written agreement with the Secretary of State that | 20 |
| includes
disclosure of the commercial use of the information to | 21 |
| be purchased. | 22 |
| (b-1) The Secretary is further empowered to and may, in his | 23 |
| or her discretion, furnish vehicle or driver data on a computer | 24 |
| tape, disk, or other electronic format or computer processible | 25 |
| medium, at no fee, to any State or local governmental agency | 26 |
| that uses the information provided by the Secretary to transmit |
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| data back to the Secretary that enables the Secretary to | 2 |
| maintain accurate driving records, including dispositions of | 3 |
| traffic cases. This information may be provided without fee not | 4 |
| more often than once every 6 months.
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| (c) Secretary of State may issue registration lists. The | 6 |
| Secretary
of State may compile a list of all registered
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| vehicles. Each list of registered vehicles shall be arranged | 8 |
| serially
according to the registration numbers assigned to | 9 |
| registered vehicles and
may contain in addition the names and | 10 |
| addresses of registered owners and
a brief description of each | 11 |
| vehicle including the serial or other
identifying number | 12 |
| thereof. Such compilation may be in such form as in the
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| discretion of the Secretary of State may seem best for the | 14 |
| purposes intended.
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| (d) The Secretary of State shall furnish no more than 2 | 16 |
| current available
lists of such registrations to the sheriffs | 17 |
| of all counties and to the chiefs
of police of all cities and | 18 |
| villages and towns of 2,000 population and over
in this State | 19 |
| 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 | 21 |
| producing the list as determined
by the Secretary of State. | 22 |
| 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 | 26 |
| registration search of the
records of his office and a written |
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| report on the same for any person, upon
written application of | 2 |
| such person, accompanied by a fee of $5 for
each registration | 3 |
| or title search. The written application shall set forth
the | 4 |
| intended use of the requested information. No fee shall be | 5 |
| charged for a
title or
registration search, or for the | 6 |
| certification thereof requested by a government
agency. The | 7 |
| report of the title or registration search shall not contain
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| personally identifying information unless the request for a | 9 |
| search was made for
one of the purposes identified in | 10 |
| subsection (f-5) of this Section. The report of the title or | 11 |
| registration search shall not contain highly
restricted | 12 |
| personal
information unless specifically authorized by this | 13 |
| Code.
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| The Secretary of State shall certify a title or | 15 |
| registration record upon
written request. The fee for | 16 |
| certification shall be $5 in addition
to the fee required for a | 17 |
| title or registration search. Certification shall
be made under | 18 |
| 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 | 21 |
| registrant of
the request for purchase of his title or | 22 |
| registration information as the
Secretary deems appropriate.
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| No information shall be released to the requestor until | 24 |
| expiration of a
10 day period. This 10 day period shall not | 25 |
| apply to requests for
information made by law enforcement | 26 |
| 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, Fingerprint | 5 |
| Vendor, and Locksmith Act of 2004, who are employed by or are
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| acting on
behalf of law enforcement officials, government | 7 |
| agencies, financial
institutions, attorneys, insurers, | 8 |
| employers, automobile associated businesses,
and other | 9 |
| business entities for purposes consistent with the Illinois | 10 |
| Vehicle
Code, the vehicle owner or registrant or other entities | 11 |
| as the Secretary may
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, | 18 |
| Fingerprint Vendor, and 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 |
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| functions, or any private person or
entity acting on behalf | 2 |
| 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 | 5 |
| or driver safety
and theft; motor vehicle emissions; motor | 6 |
| vehicle product alterations, recalls,
or advisories; | 7 |
| performance monitoring of motor vehicles, motor vehicle | 8 |
| parts,
and dealers; and removal of non-owner records from | 9 |
| the original owner
records of motor vehicle manufacturers.
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| (3) For use in the normal course of business by a | 11 |
| legitimate business or
its agents, employees, or | 12 |
| contractors, but only:
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| (A) to verify the accuracy of personal information | 14 |
| submitted by
an individual to the business or its | 15 |
| agents, employees, or contractors;
and
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| (B) if such information as so submitted is not | 17 |
| correct or is no
longer correct, to obtain the correct | 18 |
| information, but only for the
purposes of preventing | 19 |
| fraud by, pursuing legal remedies against, or
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| recovering on a debt or security interest against, the | 21 |
| individual.
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| (4) For use in research activities and for use in | 23 |
| producing statistical
reports, if the personally | 24 |
| identifying information is not published,
redisclosed, or | 25 |
| used to
contact individuals.
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| (5) For use in connection with any civil, criminal, |
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| administrative, or
arbitral proceeding in any federal, | 2 |
| State, or local court or agency or before
any
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| self-regulatory body, including the service of process, | 4 |
| investigation in
anticipation of litigation, and the | 5 |
| execution or enforcement of judgments and
orders, or | 6 |
| pursuant to an order of a federal, State, or local court.
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| (6) For use by any insurer or insurance support | 8 |
| organization or by a
self-insured entity or its agents, | 9 |
| employees, or contractors in connection with
claims | 10 |
| investigation activities, antifraud activities, rating, or | 11 |
| underwriting.
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| (7) For use in providing notice to the owners of towed | 13 |
| or
impounded vehicles.
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| (8) For use by any person licensed as a private | 15 |
| detective or firm licensed as a private
detective agency | 16 |
| under
the Private Detective, Private Alarm, Private | 17 |
| Security, Fingerprint Vendor, and Locksmith Act of
2004, | 18 |
| private investigative agency or security service
licensed | 19 |
| in Illinois for any purpose permitted under this | 20 |
| subsection.
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| (9) 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.
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| (10) For use in connection with the operation of | 26 |
| private toll
transportation facilities.
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| (11) 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.
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| (12) For use by members of the news media, as defined | 5 |
| in
Section 1-148.5, for the purpose of newsgathering when | 6 |
| the request relates to
the
operation of a motor vehicle or | 7 |
| public safety.
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| (13) For any other use specifically authorized by law, | 9 |
| if that use is
related to the operation of a motor vehicle | 10 |
| or public safety. | 11 |
| (14) For use by the Department of Revenue in the | 12 |
| administration of any tax administered by the Department of | 13 |
| Revenue or in the collection of any tax or debt that the | 14 |
| Department of Revenue is authorized or required by law to | 15 |
| collect. The Secretary of State may disclose or otherwise | 16 |
| make available to the Department social security numbers | 17 |
| for these purposes. | 18 |
| (f-6) The Secretary of State shall not disclose or | 19 |
| otherwise make
available to any
person or entity any highly | 20 |
| restricted personal information obtained by the
Secretary of
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| State in connection with a driver's license, vehicle, or
title | 22 |
| registration
record unless
specifically authorized by this | 23 |
| Code.
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| (g) 1. The Secretary of State may, upon receipt of a | 25 |
| written request
and a fee of $6 before October 1, 2003 and | 26 |
| a fee of $12 on and after October
1, 2003, furnish to the |
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| person or agency so requesting a
driver's record. Such | 2 |
| document may include a record of: current driver's
license | 3 |
| issuance information, except that the information on | 4 |
| judicial driving
permits shall be available only as | 5 |
| otherwise provided by this Code;
convictions; orders | 6 |
| entered revoking, suspending or cancelling a
driver's
| 7 |
| license or privilege; and notations of accident | 8 |
| involvement. All other
information, unless otherwise | 9 |
| permitted by
this Code, shall remain confidential. | 10 |
| Information released pursuant to a
request for a driver's | 11 |
| record shall not contain personally identifying
| 12 |
| information, unless the request for the driver's record was | 13 |
| made for one of the
purposes set forth in subsection (f-5) | 14 |
| of this Section. The Secretary of State may, without fee, | 15 |
| allow a parent or guardian of a person under the age of 18 | 16 |
| years, who holds an instruction permit or graduated | 17 |
| driver's license, to view that person's driving record | 18 |
| online, through a computer connection.
The parent or | 19 |
| guardian's online access to the driving record will | 20 |
| terminate when the instruction permit or graduated | 21 |
| driver's license holder reaches the age of 18.
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| 2. The Secretary of State shall not disclose or | 23 |
| otherwise make available
to any
person or
entity any highly | 24 |
| restricted personal information obtained by the Secretary | 25 |
| of
State in
connection with a driver's license, vehicle, or | 26 |
| title
registration record
unless specifically
authorized |
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| by this Code. The Secretary of State may certify an | 2 |
| abstract of a driver's record
upon written request | 3 |
| therefor. Such certification
shall be made under the | 4 |
| signature of the Secretary of State and shall be
| 5 |
| authenticated by the Seal of his office.
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| 3. All requests for driving record information shall be | 7 |
| made in a manner
prescribed by the Secretary and shall set | 8 |
| forth the intended use of the
requested information.
| 9 |
| The Secretary of State may notify the affected driver | 10 |
| of the request
for purchase of his driver's record as the | 11 |
| Secretary deems appropriate.
| 12 |
| No information shall be released to the requester until | 13 |
| expiration of a
10 day period. This 10 day period shall not | 14 |
| apply to requests for information
made by law enforcement | 15 |
| officials, government agencies, financial institutions,
| 16 |
| attorneys, insurers, employers, automobile associated | 17 |
| businesses, persons
licensed as a private detective or | 18 |
| firms licensed as a private detective agency
under the | 19 |
| Private Detective, Private Alarm, Private Security, | 20 |
| Fingerprint Vendor, and Locksmith Act
of 2004,
who are | 21 |
| employed by or are acting on behalf of law enforcement | 22 |
| officials,
government agencies, financial institutions, | 23 |
| attorneys, insurers, employers,
automobile associated | 24 |
| businesses, and other business entities for purposes
| 25 |
| consistent with the Illinois Vehicle Code, the affected | 26 |
| driver or other
entities as the Secretary may exempt by |
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| rule and regulation.
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| Any misrepresentation made by a requestor of driver | 3 |
| information shall
be punishable as a petty offense, except | 4 |
| in the case of persons licensed as
a private detective or | 5 |
| firms licensed as a private detective agency which shall
be | 6 |
| subject to disciplinary sanctions under Section 40-10 of | 7 |
| the Private
Detective, Private Alarm, Private Security, | 8 |
| Fingerprint Vendor, and Locksmith Act of 2004.
| 9 |
| 4. The Secretary of State may furnish without fee, upon | 10 |
| the written
request of a law enforcement agency, any | 11 |
| information from a driver's
record on file with the | 12 |
| Secretary of State when such information is required
in the | 13 |
| enforcement of this Code or any other law relating to the | 14 |
| operation
of motor vehicles, including records of | 15 |
| dispositions; documented
information involving the use of | 16 |
| a motor vehicle; whether such individual
has, or previously | 17 |
| had, a driver's license; and the address and personal
| 18 |
| description as reflected on said driver's record.
| 19 |
| 5. Except as otherwise provided in this Section, the | 20 |
| Secretary of
State may furnish, without fee, information | 21 |
| from an individual driver's
record on file, if a written | 22 |
| request therefor is submitted
by any public transit system | 23 |
| or authority, public defender, law enforcement
agency, a | 24 |
| state or federal agency, or an Illinois local | 25 |
| intergovernmental
association, if the request is for the | 26 |
| purpose of a background check of
applicants for employment |
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| with the requesting agency, or for the purpose of
an | 2 |
| official investigation conducted by the agency, or to | 3 |
| determine a
current address for the driver so public funds | 4 |
| can be recovered or paid to
the driver, or for any other | 5 |
| 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 | 7 |
| abstract of a
driver's record, without fee, subsequent to | 8 |
| an arrest for a violation of
Section 11-501 or a similar | 9 |
| provision of a local ordinance. Such abstract
may include | 10 |
| records of dispositions; documented information involving
| 11 |
| the use of a motor vehicle as contained in the current | 12 |
| file; whether such
individual has, or previously had, a | 13 |
| driver's license; and the address and
personal description | 14 |
| as reflected on said driver's record.
| 15 |
| 6. Any certified abstract issued by the Secretary of | 16 |
| State or
transmitted electronically by the Secretary of | 17 |
| State pursuant to this
Section,
to a court or on request of | 18 |
| a law enforcement agency, for the record of a
named person | 19 |
| as to the status of the person's driver's license shall be
| 20 |
| prima facie evidence of the facts therein stated and if the | 21 |
| name appearing
in such abstract is the same as that of a | 22 |
| person named in an information or
warrant, such abstract | 23 |
| shall be prima facie evidence that the person named
in such | 24 |
| information or warrant is the same person as the person | 25 |
| named in
such abstract and shall be admissible for any | 26 |
| prosecution under this Code and
be admitted as proof of any |
|
|
|
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LRB095 18329 BDD 44413 b |
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| 1 |
| prior conviction or proof of records, notices, or
orders | 2 |
| recorded on individual driving records maintained by the | 3 |
| Secretary of
State.
| 4 |
| 7. Subject to any restrictions contained in the | 5 |
| Juvenile Court Act of
1987, and upon receipt of a proper | 6 |
| request and a fee of $6 before October 1,
2003 and a fee of | 7 |
| $12 on or after October 1, 2003, the
Secretary of
State | 8 |
| shall provide a driver's record to the affected driver, or | 9 |
| the affected
driver's attorney, upon verification. Such | 10 |
| record shall contain all the
information referred to in | 11 |
| paragraph 1 of this subsection (g) plus: any
recorded | 12 |
| accident involvement as a driver; information recorded | 13 |
| pursuant to
subsection (e) of Section 6-117 and paragraph | 14 |
| (4) of subsection (a) of
Section 6-204 of this Code. All | 15 |
| other information, unless otherwise permitted
by this | 16 |
| Code, shall remain confidential.
| 17 |
| (h) The Secretary shall not disclose social security | 18 |
| numbers or any associated information obtained from the Social | 19 |
| Security Administration except pursuant
to a written request | 20 |
| by, or with the prior written consent of, the
individual | 21 |
| except: (1) to officers and employees of the Secretary
who
have | 22 |
| a need to know the social security numbers in performance of | 23 |
| their
official duties, (2) to law enforcement officials for a | 24 |
| lawful, civil or
criminal law enforcement investigation, and if | 25 |
| the head of the law enforcement
agency has made a written | 26 |
| request to the Secretary specifying the law
enforcement |
|
|
|
SB2874 Engrossed |
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LRB095 18329 BDD 44413 b |
|
| 1 |
| investigation for which the social security numbers are being
| 2 |
| sought, (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 1986, | 5 |
| (4) pursuant to the order of a court
of competent jurisdiction, | 6 |
| or (5) to the Department of Healthcare and Family Services | 7 |
| (formerly Department of Public Aid) for
utilization
in the | 8 |
| child support enforcement duties assigned to that Department | 9 |
| under
provisions of the Illinois Public Aid Code after the | 10 |
| individual has received advanced
meaningful notification of | 11 |
| what redisclosure is sought by the Secretary in
accordance with | 12 |
| the federal Privacy Act.
| 13 |
| (i) (Blank).
| 14 |
| (j) Medical statements or medical reports received in the | 15 |
| Secretary of
State's Office shall be confidential. No | 16 |
| confidential information may be
open to public inspection or | 17 |
| the contents disclosed to anyone, except
officers and employees | 18 |
| of the Secretary who have a need to know the information
| 19 |
| contained in the medical reports and the Driver License Medical | 20 |
| Advisory
Board, unless so directed by an order of a court of | 21 |
| competent jurisdiction.
| 22 |
| (k) All fees collected under this Section shall be paid | 23 |
| into the Road
Fund of the State Treasury, except that (i) for | 24 |
| fees collected before October
1, 2003, $3 of the $6 fee for a
| 25 |
| driver's record shall be paid into the Secretary of State | 26 |
| Special Services
Fund, (ii) for fees collected on and after |
|
|
|
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LRB095 18329 BDD 44413 b |
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| 1 |
| October 1, 2003, of the $12 fee
for a driver's record, $3 shall | 2 |
| be paid into the Secretary of State Special
Services Fund and | 3 |
| $6 shall be paid into the General Revenue Fund, and (iii) for
| 4 |
| fees collected on and after October 1, 2003, 50% of the amounts | 5 |
| collected
pursuant to subsection (b) shall be paid into the | 6 |
| General Revenue Fund.
| 7 |
| (l) (Blank).
| 8 |
| (m) Notations of accident involvement that may be disclosed | 9 |
| under this
Section shall not include notations relating to | 10 |
| damage to a vehicle or other
property being transported by a | 11 |
| tow truck. This information shall remain
confidential, | 12 |
| provided that nothing in this subsection (m) shall limit
| 13 |
| disclosure of any notification of accident involvement to any | 14 |
| law enforcement
agency or official.
| 15 |
| (n) Requests made by the news media for driver's license, | 16 |
| vehicle, or
title registration information may be furnished | 17 |
| without charge or at a reduced
charge, as determined by the | 18 |
| Secretary, when the specific purpose for
requesting the | 19 |
| documents is deemed to be in the public interest. Waiver or
| 20 |
| reduction of the fee is in the public interest if the principal | 21 |
| purpose of the
request is to access and disseminate information | 22 |
| regarding the health, safety,
and welfare or the legal rights | 23 |
| of the general public and is not for the
principal purpose of | 24 |
| gaining a personal or commercial benefit.
The information | 25 |
| provided pursuant to this subsection shall not contain
| 26 |
| personally identifying information unless the information is |
|
|
|
SB2874 Engrossed |
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LRB095 18329 BDD 44413 b |
|
| 1 |
| to be used for one
of the
purposes identified in subsection | 2 |
| (f-5) of this Section.
| 3 |
| (o) The redisclosure of personally identifying information
| 4 |
| obtained
pursuant
to this Section is prohibited, except to the | 5 |
| extent necessary to effectuate the
purpose
for which the | 6 |
| original disclosure of the information was permitted.
| 7 |
| (p) The Secretary of State is empowered to adopt rules
to
| 8 |
| effectuate this Section.
| 9 |
| (Source: P.A. 94-56, eff. 6-17-05; 95-201, eff. 1-1-08; 95-287, | 10 |
| eff. 1-1-08; 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | 11 |
| revised 11-16-07.)
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
|
|