Full Text of SB2922 093rd General Assembly
SB2922 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2922
Introduced 2/6/2004, by John J. Cullerton 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. Makes a technical change in a provision concerning the Secretary of State.
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A BILL FOR
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SB2922 |
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LRB093 21056 DRH 47079 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 those
such services and the
use | 17 |
| of 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.
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| (c) Secretary of State may issue registration lists. The | 17 |
| Secretary
of State shall compile and publish, at least | 18 |
| annually, a list of all registered
vehicles. Each list of | 19 |
| registered vehicles shall be arranged serially
according to the | 20 |
| registration numbers assigned to registered vehicles and
shall | 21 |
| contain in addition the names and addresses of registered | 22 |
| owners and
a brief description of each vehicle including the | 23 |
| serial or other
identifying number thereof. Such compilation | 24 |
| may be in such form as in the
discretion of the Secretary of | 25 |
| State may seem best for the purposes intended.
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| (d) The Secretary of State shall furnish no more than 2 | 27 |
| current available
lists of such registrations to the sheriffs | 28 |
| of all counties and to the chiefs
of police of all cities and | 29 |
| villages and towns of 2,000 population and over
in this State | 30 |
| 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 | 32 |
| producing the list as determined
by the Secretary of State. | 33 |
| 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 |
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| registration search of the
records of his office and a written | 2 |
| report on the same for any person, upon
written application of | 3 |
| such person, accompanied by a fee of $5 for
each registration | 4 |
| or title search. The written application shall set forth
the | 5 |
| intended use of the requested information. No fee shall be | 6 |
| charged for a
title or
registration search, or for the | 7 |
| certification thereof requested by a government
agency. The | 8 |
| report of the title or registration search shall not contain
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| personally identifying information unless the request for a | 10 |
| search was made for
one of the purposes identified in | 11 |
| subsection (f-5) of this Section.
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| The Secretary of State shall certify a title or | 13 |
| registration record upon
written request. The fee for | 14 |
| certification shall be $5 in addition
to the fee required for a | 15 |
| title or registration search. Certification shall
be made under | 16 |
| 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 | 19 |
| registrant of
the request for purchase of his title or | 20 |
| registration information as the
Secretary deems appropriate.
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| No information shall be released to the requestor until | 22 |
| expiration of a
10 day period. This 10 day period shall not | 23 |
| apply to requests for
information made by law enforcement | 24 |
| officials, government agencies,
financial institutions, | 25 |
| attorneys, insurers, employers, automobile
associated | 26 |
| businesses, persons licensed as a private detective or firms
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| licensed as a private detective agency under the Private | 28 |
| Detective, Private
Alarm, Private Security, and Locksmith Act | 29 |
| of 2004, who are employed by or are
acting on
behalf of law | 30 |
| enforcement officials, government agencies, financial
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| institutions, attorneys, insurers, employers, automobile | 32 |
| associated businesses,
and other business entities for | 33 |
| purposes consistent with the Illinois Vehicle
Code, the vehicle | 34 |
| 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 |
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| vehicle information
shall be punishable as a petty offense, | 2 |
| except in the case of persons
licensed as a private detective | 3 |
| or firms licensed as a private detective agency
which shall be | 4 |
| subject to disciplinary sanctions under Section 40-10 of the
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| Private Detective, Private Alarm, Private Security, and | 6 |
| Locksmith Act of 2004.
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| (f-5) The Secretary of State shall not disclose or | 8 |
| otherwise make
available to
any person or entity any personally | 9 |
| identifying information obtained by the
Secretary
of State in | 10 |
| connection with a driver's license, vehicle, or title | 11 |
| registration
record
unless the information is disclosed for one | 12 |
| of the following purposes:
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| (1) For use by any government agency, including any | 14 |
| court or law
enforcement agency, in carrying out its | 15 |
| functions, or any private person or
entity acting on behalf | 16 |
| 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 | 19 |
| or driver safety
and theft; motor vehicle emissions; motor | 20 |
| vehicle product alterations, recalls,
or advisories; | 21 |
| performance monitoring of motor vehicles, motor vehicle | 22 |
| parts,
and dealers; and removal of non-owner records from | 23 |
| the original owner
records of motor vehicle manufacturers.
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| (3) For use in the normal course of business by a | 25 |
| legitimate business or
its agents, employees, or | 26 |
| contractors, but only:
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| (A) to verify the accuracy of personal information | 28 |
| submitted by
an individual to the business or its | 29 |
| agents, employees, or contractors;
and
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| (B) if such information as so submitted is not | 31 |
| correct or is no
longer correct, to obtain the correct | 32 |
| information, but only for the
purposes of preventing | 33 |
| fraud by, pursuing legal remedies against, or
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| recovering on a debt or security interest against, the | 35 |
| individual.
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| (4) For use in research activities and for use in |
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| producing statistical
reports, if the personally | 2 |
| identifying information is not published,
redisclosed, or | 3 |
| used to
contact individuals.
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| (5) For use in connection with any civil, criminal, | 5 |
| administrative, or
arbitral proceeding in any federal, | 6 |
| State, or local court or agency or before
any
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| self-regulatory body, including the service of process, | 8 |
| investigation in
anticipation of litigation, and the | 9 |
| execution or enforcement of judgments and
orders, or | 10 |
| pursuant to an order of a federal, State, or local court.
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| (6) For use by any insurer or insurance support | 12 |
| organization or by a
self-insured entity or its agents, | 13 |
| employees, or contractors in connection with
claims | 14 |
| investigation activities, antifraud activities, rating, or | 15 |
| underwriting.
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| (7) For use in providing notice to the owners of towed | 17 |
| or
impounded vehicles.
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| (8) For use by any private investigative agency or | 19 |
| security service
licensed in Illinois for any purpose | 20 |
| permitted under this 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 | 28 |
| demonstrates it has
obtained the written consent of the | 29 |
| individual to whom the information
pertains.
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| (12) For use by members of the news media, as defined | 31 |
| in
Section 1-148.5, for the purpose of newsgathering when | 32 |
| the request relates to
the
operation of a motor vehicle or | 33 |
| public safety.
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| (13) For any other use specifically authorized by law, | 35 |
| if that use is
related to the operation of a motor vehicle | 36 |
| or public safety.
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| (g) 1. The Secretary of State may, upon receipt of a | 2 |
| written request
and a fee of $6 before October 1, 2003 and | 3 |
| a fee of $12 on and after October
1, 2003, furnish to the | 4 |
| person or agency so requesting a
driver's record. Such | 5 |
| document may include a record of: current driver's
license | 6 |
| issuance information, except that the information on | 7 |
| judicial driving
permits shall be available only as | 8 |
| otherwise provided by this Code;
convictions; orders | 9 |
| entered revoking, suspending or cancelling a
driver's
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| license or privilege; and notations of accident | 11 |
| involvement. All other
information, unless otherwise | 12 |
| permitted by
this Code, shall remain confidential. | 13 |
| Information released pursuant to a
request for a driver's | 14 |
| record shall not contain personally identifying
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| information, unless the request for the driver's record was | 16 |
| made for one of the
purposes set forth in subsection (f-5) | 17 |
| of this Section.
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| 2. The Secretary of State may certify an abstract of a | 19 |
| driver's record
upon written request therefor. Such | 20 |
| certification
shall be made under the signature of the | 21 |
| Secretary of State and shall be
authenticated by the Seal | 22 |
| of his office.
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| 3. All requests for driving record information shall be | 24 |
| made in a manner
prescribed by the Secretary and shall set | 25 |
| forth the intended use of the
requested information.
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| The Secretary of State may notify the affected driver | 27 |
| of the request
for purchase of his driver's record as the | 28 |
| Secretary deems appropriate.
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| No information shall be released to the requester until | 30 |
| expiration of a
10 day period. This 10 day period shall not | 31 |
| apply to requests for information
made by law enforcement | 32 |
| officials, government agencies, financial institutions,
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| attorneys, insurers, employers, automobile associated | 34 |
| businesses, persons
licensed as a private detective or | 35 |
| firms licensed as a private detective agency
under the | 36 |
| Private Detective, Private Alarm, Private Security, and |
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| Locksmith Act
of 2004,
who are employed by or are acting on | 2 |
| behalf of law enforcement officials,
government agencies, | 3 |
| financial institutions, attorneys, insurers, employers,
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| automobile associated businesses, and other business | 5 |
| entities for purposes
consistent with the Illinois Vehicle | 6 |
| Code, the affected driver or other
entities as the | 7 |
| Secretary may exempt by rule and regulation.
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| Any misrepresentation made by a requestor of driver | 9 |
| information shall
be punishable as a petty offense, except | 10 |
| in the case of persons licensed as
a private detective or | 11 |
| firms licensed as a private detective agency which shall
be | 12 |
| subject to disciplinary sanctions under Section 40-10 of | 13 |
| the Private
Detective, Private Alarm, Private Security, | 14 |
| and Locksmith Act of 2004.
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| 4. The Secretary of State may furnish without fee, upon | 16 |
| the written
request of a law enforcement agency, any | 17 |
| information from a driver's
record on file with the | 18 |
| Secretary of State when such information is required
in the | 19 |
| enforcement of this Code or any other law relating to the | 20 |
| operation
of motor vehicles, including records of | 21 |
| dispositions; documented
information involving the use of | 22 |
| a motor vehicle; whether such individual
has, or previously | 23 |
| 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 | 26 |
| Secretary of
State may furnish, without fee, information | 27 |
| from an individual driver's
record on file, if a written | 28 |
| request therefor is submitted
by any public transit system | 29 |
| or authority, public defender, law enforcement
agency, a | 30 |
| state or federal agency, or an Illinois local | 31 |
| intergovernmental
association, if the request is for the | 32 |
| purpose of a background check of
applicants for employment | 33 |
| with the requesting agency, or for the purpose of
an | 34 |
| official investigation conducted by the agency, or to | 35 |
| determine a
current address for the driver so public funds | 36 |
| can be recovered or paid to
the driver, or for any other |
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| 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 | 3 |
| abstract of a
driver's record, without fee, subsequent to | 4 |
| an arrest for a violation of
Section 11-501 or a similar | 5 |
| provision of a local ordinance. Such abstract
may include | 6 |
| records of dispositions; documented information involving
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| the use of a motor vehicle as contained in the current | 8 |
| file; whether such
individual has, or previously had, a | 9 |
| driver's license; and the address and
personal description | 10 |
| as reflected on said driver's record.
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| 6. Any certified abstract issued by the Secretary of | 12 |
| State or
transmitted electronically by the Secretary of | 13 |
| State pursuant to this
Section,
to a court or on request of | 14 |
| a law enforcement agency, for the record of a
named person | 15 |
| as to the status of the person's driver's license shall be
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| prima facie evidence of the facts therein stated and if the | 17 |
| name appearing
in such abstract is the same as that of a | 18 |
| person named in an information or
warrant, such abstract | 19 |
| shall be prima facie evidence that the person named
in such | 20 |
| information or warrant is the same person as the person | 21 |
| named in
such abstract and shall be admissible for any | 22 |
| prosecution under this Code and
be admitted as proof of any | 23 |
| prior conviction or proof of records, notices, or
orders | 24 |
| recorded on individual driving records maintained by the | 25 |
| Secretary of
State.
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| 7. Subject to any restrictions contained in the | 27 |
| Juvenile Court Act of
1987, and upon receipt of a proper | 28 |
| request and a fee of $6 before October 1,
2003 and a fee of | 29 |
| $12 on or after October 1, 2003, the
Secretary of
State | 30 |
| shall provide a driver's record to the affected driver, or | 31 |
| the affected
driver's attorney, upon verification. Such | 32 |
| record shall contain all the
information referred to in | 33 |
| paragraph 1 of this subsection (g) plus: any
recorded | 34 |
| accident involvement as a driver; information recorded | 35 |
| pursuant to
subsection (e) of Section 6-117 and paragraph | 36 |
| (4) of subsection (a) of
Section 6-204 of this Code. All |
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| other information, unless otherwise permitted
by this | 2 |
| Code, shall remain confidential.
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| (h) The Secretary shall not disclose social security | 4 |
| numbers except pursuant
to a written request by, or with the | 5 |
| prior written consent of, the
individual except: (1) to | 6 |
| officers and employees of the Secretary
who
have a need to know | 7 |
| the social security numbers in performance of their
official | 8 |
| duties, (2) to law enforcement officials for a lawful, civil or
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| criminal law enforcement investigation, and if the head of the | 10 |
| law enforcement
agency has made a written request to the | 11 |
| Secretary specifying the law
enforcement investigation for | 12 |
| which the social security numbers are being
sought, (3) to the | 13 |
| United States Department of Transportation, or any other
State, | 14 |
| pursuant to the administration and enforcement of the | 15 |
| Commercial
Motor Vehicle Safety Act of 1986, (4) pursuant to | 16 |
| the order of a court
of competent jurisdiction, or (5) to the | 17 |
| Department of Public Aid for
utilization
in the child support | 18 |
| enforcement duties assigned to that Department under
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| provisions of the Public Aid Code after the individual has | 20 |
| received advanced
meaningful notification of what redisclosure | 21 |
| is sought by the Secretary in
accordance with the federal | 22 |
| Privacy Act.
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| (i) (Blank).
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| (j) Medical statements or medical reports received in the | 25 |
| Secretary of
State's Office shall be confidential. No | 26 |
| confidential information may be
open to public inspection or | 27 |
| the contents disclosed to anyone, except
officers and employees | 28 |
| 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 | 30 |
| Advisory
Board, unless so directed by an order of a court of | 31 |
| competent jurisdiction.
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| (k) All fees collected under this Section shall be paid | 33 |
| into the Road
Fund of the State Treasury, except that (i) for | 34 |
| 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 | 36 |
| Special Services
Fund, (ii) for fees collected on and after |
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| 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
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| 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.
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| (l) (Blank).
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| (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
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| disclosure of any notification of accident involvement to any | 14 |
| law enforcement
agency or official.
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| (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
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| 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
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| personally identifying information unless the information is | 27 |
| to be used for one
of the
purposes identified in subsection | 28 |
| (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 | 31 |
| extent necessary to effectuate the
purpose
for which the | 32 |
| 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, | 36 |
| eff. 7-1-03;
93-438, eff. 8-5-03; revised 9-23-03.)
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