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90_HB0541
625 ILCS 5/2-123 from Ch. 95 1/2, par. 2-123
Amends the Illinois Vehicle Code to provide that the
Secretary of State shall (instead of is empowered to and may,
in his discretion) furnish to an applicant vehicle or driver
data at a specified fee. Provides that the Secretary of
State shall provide drivers, individual owners, and
registrants with a clear and conspicious opportunity to
request that their personally identifiable information not be
used for commercial solicitation purposes. Effective
immediately.
LRB9001571NTsb
LRB9001571NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 2-123.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 2-123 as follows:
7 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
8 Sec. 2-123. Sale and Distribution of Information.
9 (a) Except as otherwise provided in this Section, the
10 Secretary may make the driver's license, vehicle and title
11 registration lists, in part or in whole, and any statistical
12 information derived from these lists available to local
13 governments, elected state officials, state educational
14 institutions, public libraries and all other governmental
15 units of the State and Federal Government requesting them for
16 governmental purposes. The Secretary shall require any such
17 applicant for services to pay for the costs of furnishing
18 such services and the use of the equipment involved, and in
19 addition is empowered to establish prices and charges for the
20 services so furnished and for the use of the electronic
21 equipment utilized.
22 (b) The Secretary shall is further empowered to and he
23 may, in his discretion, furnish to any applicant, other than
24 listed in subsection (a) of this Section, vehicle or driver
25 data on a computer tape, disk, or printout at a fixed fee of
26 $200 in advance and require in addition a further sufficient
27 deposit based upon the Secretary of State's estimate of the
28 total cost of the information requested and a charge of $20
29 per 1,000 units or part thereof identified or the actual
30 cost, whichever is greater. The Secretary is authorized to
31 refund any difference between the additional deposit and the
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1 actual cost of the request. This service shall not be in
2 lieu of an abstract of a driver's record nor of a title or
3 registration search. The information sold pursuant to this
4 subsection shall be the entire vehicle or driver data list,
5 or part thereof.
6 (c) Secretary of State may issue registration lists.
7 The Secretary of State shall compile and publish, at least
8 annually, a list of all registered vehicles. Each list of
9 registered vehicles shall be arranged serially according to
10 the registration numbers assigned to registered vehicles and
11 shall contain in addition the names and addresses of
12 registered owners and a brief description of each vehicle
13 including the serial or other identifying number thereof.
14 Such compilation may be in such form as in the discretion of
15 the Secretary of State may seem best for the purposes
16 intended.
17 (d) The Secretary of State shall furnish no more than 2
18 current available lists of such registrations to the sheriffs
19 of all counties and to the chiefs of police of all cities and
20 villages and towns of 2,000 population and over in this State
21 at no cost. Additional copies may be purchased at the fee of
22 $400 each or at the cost of producing the list as determined
23 by the Secretary of State.
24 (e) The Secretary of State shall upon written request
25 and the payment of the fee of $400 furnish the current
26 available list of such motor vehicle registrations to any
27 person so long as the supply of available registration lists
28 shall last.
29 (e-1) Commercial purchasers of driver and vehicle record
30 databases shall enter into a written agreement with the
31 Secretary of State that includes disclosure of the commercial
32 use of the intended purchase. Affected drivers, vehicle
33 owners, or registrants may request that their personally
34 identifiable information not be used for commercial
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1 solicitation purposes. The Secretary of State shall provide
2 drivers, individual vehicle owners, and registrants with a
3 clear and conspicious opportunity to request that their
4 personally identifiable information not be used for
5 commercial solicitation purposes.
6 (f) Title or registration search and certification
7 thereof - Fee. The Secretary of State shall make a title or
8 registration search of the records of his office and a
9 written report on the same for any person, upon written
10 application of such person, accompanied by a fee of $4 for
11 each registration or title search. No fee shall be charged
12 for a title or registration search, or for the certification
13 thereof requested by a government agency.
14 The Secretary of State shall certify a title or
15 registration record upon written request. The fee for
16 certification shall be $4 in addition to the fee required for
17 a title or registration search. Certification shall be made
18 under the signature of the Secretary of State and shall be
19 authenticated by Seal of the Secretary of State.
20 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.
23 The vehicle owner or registrant residence address and
24 other personally identifiable information on the record shall
25 not be disclosed. This nondisclosure shall not apply to
26 requests made by law enforcement officials, government
27 agencies, financial institutions, attorneys, insurers,
28 employers, automobile associated businesses, other business
29 entities for purposes consistent with the Illinois Vehicle
30 Code, the vehicle owner or registrant, or other entities as
31 the Secretary may exempt by rule and regulation. This
32 information may be withheld from the entities listed above,
33 except law enforcement and government agencies upon
34 presentation of a valid court order of protection for the
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1 duration of the order.
2 No information shall be released to the requestor until
3 expiration of a 10 day period. This 10 day period shall not
4 apply to requests for information made by law enforcement
5 officials, government agencies, financial institutions,
6 attorneys, insurers, employers, automobile associated
7 businesses, persons licensed as a private detective or firms
8 licensed as a private detective agency under the Private
9 Detective, Private Alarm, and Private Security Act of 1983,
10 who are employed by or are acting on behalf of law
11 enforcement officials, government agencies, financial
12 institutions, attorneys, insurers, employers, automobile
13 associated businesses, and other business entities for
14 purposes consistent with the Illinois Vehicle Code, the
15 vehicle owner or registrant or other entities as the
16 Secretary may exempt by rule and regulation.
17 Any misrepresentation made by a requestor of title or
18 vehicle information shall be punishable as a petty offense,
19 except in the case of persons licensed as a private detective
20 or firms licensed as a private detective agency which shall
21 be subject to disciplinary sanctions under Section 22 or 25
22 of the Private Detective, Private Alarm, and Private Security
23 Act of 1983.
24 (g) 1. The Secretary of State may, upon receipt of a
25 written request and a fee of $5, furnish to the person or
26 agency so requesting a driver's record. Such document
27 may include a record of: current driver's license
28 issuance information, except that the information on
29 judicial driving permits shall be available only as
30 otherwise provided by this Code; convictions; orders
31 entered revoking, suspending or cancelling a driver's
32 license or privilege; and notations of accident
33 involvement. All other information, unless otherwise
34 permitted by this Code, shall remain confidential.
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1 2. The Secretary of State may certify an abstract
2 of a driver's record upon written request therefor.
3 Such certification shall be made under the signature of
4 the Secretary of State and shall be authenticated by the
5 Seal of his office.
6 3. All requests for driving record information
7 shall be made in a manner prescribed by the Secretary.
8 The Secretary of State may notify the affected
9 driver of the request for purchase of his driver's record
10 as the Secretary deems appropriate.
11 The affected driver residence address and other
12 personally identifiable information on the record shall
13 not be disclosed. This nondisclosure shall not apply to
14 requests made by law enforcement officials, government
15 agencies, financial institutions, attorneys, insurers,
16 employers, automobile associated businesses, other
17 business entities for purposes consistent with the
18 Illinois Vehicle Code, the affected driver, or other
19 entities as the Secretary may exempt by rule and
20 regulation. This information may be withheld from the
21 entities listed above, except law enforcement and
22 government agencies, upon presentation of a valid court
23 order of protection for the duration of the order.
24 No information shall be released to the requester
25 until expiration of a 10 day period. This 10 day period
26 shall not apply to requests for information made by law
27 enforcement officials, government agencies, financial
28 institutions, attorneys, insurers, employers, automobile
29 associated businesses, persons licensed as a private
30 detective or firms licensed as a private detective agency
31 under the Private Detective, Private Alarm, and Private
32 Security Act of 1983, who are employed by or are acting
33 on behalf of law enforcement officials, government
34 agencies, financial institutions, attorneys, insurers,
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1 employers, automobile associated businesses, and other
2 business entities for purposes consistent with the
3 Illinois Vehicle Code, the affected driver or other
4 entities as the Secretary may exempt by rule and
5 regulation.
6 Any misrepresentation made by a requestor of driver
7 information shall be punishable as a petty offense,
8 except in the case of persons licensed as a private
9 detective or firms licensed as a private detective agency
10 which shall be subject to disciplinary sanctions under
11 Section 22 or 25 of the Private Detective, Private Alarm,
12 and Private Security Act of 1983.
13 4. The Secretary of State may furnish without fee,
14 upon the written request of a law enforcement agency, any
15 information from a driver's record on file with the
16 Secretary of State when such information is required in
17 the enforcement of this Code or any other law relating to
18 the operation of motor vehicles, including records of
19 dispositions; documented information involving the use of
20 a motor vehicle; whether such individual has, or
21 previously had, a driver's license; and the address and
22 personal description as reflected on said driver's
23 record.
24 5. Except as otherwise provided in this Section,
25 the Secretary of State may furnish, without fee,
26 information from an individual driver's record on file,
27 if a written request therefor is submitted by any public
28 transit system or authority, public defender, law
29 enforcement agency, a state or federal agency, or an
30 Illinois local intergovernmental association, if the
31 request is for the purpose of a background check of
32 applicants for employment with the requesting agency, or
33 for the purpose of an official investigation conducted by
34 the agency, or to determine a current address for the
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1 driver so public funds can be recovered or paid to the
2 driver, or for any other lawful purpose.
3 The Secretary may also furnish the courts a copy of
4 an abstract of a driver's record, without fee, subsequent
5 to an arrest for a violation of Section 11-501 or a
6 similar provision of a local ordinance. Such abstract
7 may include records of dispositions; documented
8 information involving the use of a motor vehicle as
9 contained in the current file; whether such individual
10 has, or previously had, a driver's license; and the
11 address and personal description as reflected on said
12 driver's record.
13 6. Any abstract issued by the Secretary of State
14 pursuant to this Section, to a court or on request of a
15 law enforcement agency, for the record of a named person
16 as to the status of the person's driver's license shall
17 be prima facie evidence of the facts therein stated and
18 if the name appearing in such abstract is the same as
19 that of a person named in an information or warrant, such
20 abstract shall be prima facie evidence that the person
21 named in such information or warrant is the same person
22 as the person named in such abstract.
23 7. Subject to any restrictions contained in the
24 Juvenile Court Act of 1987, and upon receipt of a proper
25 request and a fee of $5, the Secretary of State shall
26 provide a driver's record to the affected driver, or the
27 affected driver's attorney, upon verification. Such
28 record shall contain all the information referred to in
29 paragraph 1 of this subsection (g) plus: any recorded
30 accident involvement as a driver; information recorded
31 pursuant to subsection (e) of Section 6-117 and paragraph
32 4 of subsection (a) of Section 6-204 of this Code. All
33 other information, unless otherwise permitted by this
34 Code, shall remain confidential.
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1 (h) The Secretary shall not disclose social security
2 numbers except pursuant to a written request by, or with the
3 prior written consent of, the individual except to: (1)
4 officers and employees of the Secretary who have a need to
5 know the social security numbers in performance of their
6 official duties, (2) law enforcement officials for a lawful,
7 civil or criminal law enforcement investigation, and if the
8 head of the law enforcement agency has made a written request
9 to the Secretary specifying the law enforcement investigation
10 for which the social security numbers are being sought, (3)
11 the United States Department of Transportation, or any other
12 State, pursuant to the administration and enforcement of the
13 Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
14 the order of a court of competent jurisdiction, or (5) the
15 Department of Public Aid for utilization in the child support
16 enforcement duties assigned to that Department under
17 provisions of the Public Aid Code after the individual has
18 received advanced meaningful notification of what
19 redisclosure is sought by the Secretary in accordance with
20 the federal Privacy Act; provided, the redisclosure shall not
21 be authorized by the Secretary prior to September 30, 1992.
22 (i) The Secretary of State is empowered to promulgate
23 rules and regulations to effectuate this Section.
24 (j) Medical statements or medical reports received in
25 the 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
28 employees of the Secretary who have a need to know the
29 information contained in the medical reports and the Driver
30 License Medical Advisory Board, unless so directed by an
31 order of a court of competent jurisdiction.
32 (k) All fees collected under this Section shall be paid
33 into the Road Fund of the State Treasury, except that $3 of
34 the $5 fee for a driver's record shall be paid into the
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1 Secretary of State Special Services Fund.
2 (l) The Secretary of State shall report his
3 recommendations to the General Assembly by January 1, 1993,
4 regarding the sale and dissemination of the information
5 maintained by the Secretary, including the sale of lists of
6 driver and vehicle records.
7 (Source: P.A. 88-208; 88-363; 88-670, eff. 12-2-94; 89-503,
8 eff. 7-1-96.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.