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90_SB0113ham001
LRB9000786NTsbam
1 AMENDMENT TO SENATE BILL 113
2 AMENDMENT NO. . Amend Senate Bill 113 on page 1,
3 line 2, by replacing "6-303" with "2-123, 6-303,"; and
4 on page 1, line 6, by replacing "6-303" with "2-123, 6-303,";
5 and
6 on page 1, below line 6, by inserting the following:
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 is further empowered to and he may, in
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1 his discretion, furnish to any applicant, other than listed
2 in subsection (a) of this Section, vehicle or driver data on
3 a computer tape, disk, or printout at a fixed fee of $200 in
4 advance and require in addition a further sufficient deposit
5 based upon the Secretary of State's estimate of the total
6 cost of the information requested and a charge of $20 per
7 1,000 units or part thereof identified or the actual cost,
8 whichever is greater. The Secretary is authorized to refund
9 any difference between the additional deposit and the actual
10 cost of the request. This service shall not be in lieu of an
11 abstract of a driver's record nor of a title or registration
12 search. The information sold pursuant to this subsection
13 shall be the entire vehicle or driver data list, or part
14 thereof.
15 (c) Secretary of State may issue registration lists.
16 The Secretary of State shall compile and publish, at least
17 annually, a list of all registered vehicles. Each list of
18 registered vehicles shall be arranged serially according to
19 the registration numbers assigned to registered vehicles and
20 shall contain in addition the names and addresses of
21 registered owners and a brief description of each vehicle
22 including the serial or other identifying number thereof.
23 Such compilation may be in such form as in the discretion of
24 the Secretary of State may seem best for the purposes
25 intended.
26 (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 at the fee of
31 $400 each or at the cost of producing the list as determined
32 by the Secretary of State.
33 (e) The Secretary of State shall upon written request
34 and the payment of the fee of $400 furnish the current
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1 available list of such motor vehicle registrations to any
2 person so long as the supply of available registration lists
3 shall last.
4 (e-1) Commercial purchasers of driver and vehicle record
5 databases shall enter into a written agreement with the
6 Secretary of State that includes disclosure of the commercial
7 use of the intended purchase. Affected drivers, vehicle
8 owners, or registrants may request that their personally
9 identifiable information not be used for commercial
10 solicitation purposes.
11 (f) Title or registration search and certification
12 thereof - Fee. The Secretary of State shall make a title or
13 registration search of the records of his office and a
14 written report on the same for any person, upon written
15 application of such person, accompanied by a fee of $4 for
16 each registration or title search. No fee shall be charged
17 for a title or registration search, or for the certification
18 thereof requested by a government agency.
19 The Secretary of State shall certify a title or
20 registration record upon written request. The fee for
21 certification shall be $4 in addition to the fee required for
22 a title or registration search. Certification shall be made
23 under the signature of the Secretary of State and shall be
24 authenticated by Seal of the Secretary of State.
25 The Secretary of State may notify the vehicle owner or
26 registrant of the request for purchase of his title or
27 registration information as the Secretary deems appropriate.
28 The vehicle owner or registrant residence address and
29 other personally identifiable information on the record shall
30 not be disclosed. This nondisclosure shall not apply to
31 requests made by law enforcement officials, government
32 agencies, financial institutions, attorneys, insurers,
33 employers, automobile associated businesses, other business
34 entities for purposes consistent with the Illinois Vehicle
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1 Code, the vehicle owner or registrant, or other entities as
2 the Secretary may exempt by rule and regulation. This
3 information may be withheld from the entities listed above,
4 except law enforcement and government agencies upon
5 presentation of a valid court order of protection for the
6 duration of the order.
7 No information shall be released to the requestor until
8 expiration of a 10 day period. This 10 day period shall not
9 apply to requests for information made by law enforcement
10 officials, government agencies, financial institutions,
11 attorneys, insurers, employers, automobile associated
12 businesses, persons licensed as a private detective or firms
13 licensed as a private detective agency under the Private
14 Detective, Private Alarm, and Private Security Act of 1983,
15 who are employed by or are acting on behalf of law
16 enforcement officials, government agencies, financial
17 institutions, attorneys, insurers, employers, automobile
18 associated businesses, and other business entities for
19 purposes consistent with the Illinois Vehicle Code, the
20 vehicle owner or registrant or other entities as the
21 Secretary may exempt by rule and regulation.
22 Any misrepresentation made by a requestor of title or
23 vehicle information shall be punishable as a petty offense,
24 except in the case of persons licensed as a private detective
25 or firms licensed as a private detective agency which shall
26 be subject to disciplinary sanctions under Section 22 or 25
27 of the Private Detective, Private Alarm, and Private Security
28 Act of 1983.
29 (g) 1. The Secretary of State may, upon receipt of a
30 written request and a fee of $5, furnish to the person or
31 agency so requesting a driver's record. Such document
32 may include a record of: current driver's license
33 issuance information, except that the information on
34 judicial driving permits shall be available only as
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1 otherwise provided by this Code; convictions; orders
2 entered revoking, suspending or cancelling a driver's
3 license or privilege; and notations of accident
4 involvement. All other information, unless otherwise
5 permitted by this Code, shall remain confidential.
6 2. The Secretary of State may certify an abstract
7 of a driver's record upon written request therefor.
8 Such certification shall be made under the signature of
9 the Secretary of State and shall be authenticated by the
10 Seal of his office.
11 3. All requests for driving record information
12 shall be made in a manner prescribed by the Secretary.
13 The Secretary of State may notify the affected
14 driver of the request for purchase of his driver's record
15 as the Secretary deems appropriate.
16 The affected driver residence address and other
17 personally identifiable information on the record shall
18 not be disclosed. This nondisclosure shall not apply to
19 requests made by law enforcement officials, government
20 agencies, financial institutions, attorneys, insurers,
21 employers, automobile associated businesses, other
22 business entities for purposes consistent with the
23 Illinois Vehicle Code, the affected driver, or other
24 entities as the Secretary may exempt by rule and
25 regulation. This information may be withheld from the
26 entities listed above, except law enforcement and
27 government agencies, upon presentation of a valid court
28 order of protection for the duration of the order.
29 No information shall be released to the requester
30 until expiration of a 10 day period. This 10 day period
31 shall not apply to requests for information made by law
32 enforcement officials, government agencies, financial
33 institutions, attorneys, insurers, employers, automobile
34 associated businesses, persons licensed as a private
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1 detective or firms licensed as a private detective agency
2 under the Private Detective, Private Alarm, and Private
3 Security Act of 1983, who are employed by or are acting
4 on behalf of law enforcement officials, government
5 agencies, financial institutions, attorneys, insurers,
6 employers, automobile associated businesses, and other
7 business entities for purposes consistent with the
8 Illinois Vehicle Code, the affected driver or other
9 entities as the Secretary may exempt by rule and
10 regulation.
11 Any misrepresentation made by a requestor of driver
12 information shall be punishable as a petty offense,
13 except in the case of persons licensed as a private
14 detective or firms licensed as a private detective agency
15 which shall be subject to disciplinary sanctions under
16 Section 22 or 25 of the Private Detective, Private Alarm,
17 and Private Security Act of 1983.
18 4. The Secretary of State may furnish without fee,
19 upon the written request of a law enforcement agency, any
20 information from a driver's record on file with the
21 Secretary of State when such information is required in
22 the enforcement of this Code or any other law relating to
23 the operation of motor vehicles, including records of
24 dispositions; documented information involving the use of
25 a motor vehicle; whether such individual has, or
26 previously had, a driver's license; and the address and
27 personal description as reflected on said driver's
28 record.
29 5. Except as otherwise provided in this Section,
30 the Secretary of State may furnish, without fee,
31 information from an individual driver's record on file,
32 if a written request therefor is submitted by any public
33 transit system or authority, public defender, law
34 enforcement agency, a state or federal agency, or an
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1 Illinois local intergovernmental association, if the
2 request is for the purpose of a background check of
3 applicants for employment with the requesting agency, or
4 for the purpose of an official investigation conducted by
5 the agency, or to determine a current address for the
6 driver so public funds can be recovered or paid to the
7 driver, or for any other lawful purpose.
8 The Secretary may also furnish the courts a copy of
9 an abstract of a driver's record, without fee, subsequent
10 to an arrest for a violation of Section 11-501 or a
11 similar provision of a local ordinance. Such abstract
12 may include records of dispositions; documented
13 information involving the use of a motor vehicle as
14 contained in the current file; whether such individual
15 has, or previously had, a driver's license; and the
16 address and personal description as reflected on said
17 driver's record.
18 6. Any certified abstract issued by the Secretary
19 of State or transmitted electronically by the Secretary
20 of State pursuant to this Section, to a court or on
21 request of a law enforcement agency, for the record of a
22 named person as to the status of the person's driver's
23 license shall be prima facie evidence of the facts
24 therein stated and if the name appearing in such abstract
25 is the same as that of a person named in an information
26 or warrant, such abstract shall be prima facie evidence
27 that the person named in such information or warrant is
28 the same person as the person named in such abstract and
29 shall be admissible for any prosecution under this Code
30 and be admitted as proof of any prior conviction or proof
31 of records, notices, or orders recorded on individual
32 driving records maintained by the Secretary of State.
33 7. Subject to any restrictions contained in the
34 Juvenile Court Act of 1987, and upon receipt of a proper
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1 request and a fee of $5, the Secretary of State shall
2 provide a driver's record to the affected driver, or the
3 affected driver's attorney, upon verification. Such
4 record shall contain all the information referred to in
5 paragraph 1 of this subsection (g) plus: any recorded
6 accident involvement as a driver; information recorded
7 pursuant to subsection (e) of Section 6-117 and paragraph
8 4 of subsection (a) of Section 6-204 of this Code. All
9 other information, unless otherwise permitted by this
10 Code, shall remain confidential.
11 (h) The Secretary shall not disclose social security
12 numbers except pursuant to a written request by, or with the
13 prior written consent of, the individual except to: (1)
14 officers and employees of the Secretary who have a need to
15 know the social security numbers in performance of their
16 official duties, (2) law enforcement officials for a lawful,
17 civil or criminal law enforcement investigation, and if the
18 head of the law enforcement agency has made a written request
19 to the Secretary specifying the law enforcement investigation
20 for which the social security numbers are being sought, (3)
21 the United States Department of Transportation, or any other
22 State, pursuant to the administration and enforcement of the
23 Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
24 the order of a court of competent jurisdiction, or (5) the
25 Department of Public Aid for utilization in the child support
26 enforcement duties assigned to that Department under
27 provisions of the Public Aid Code after the individual has
28 received advanced meaningful notification of what
29 redisclosure is sought by the Secretary in accordance with
30 the federal Privacy Act; provided, the redisclosure shall not
31 be authorized by the Secretary prior to September 30, 1992.
32 (i) The Secretary of State is empowered to promulgate
33 rules and regulations to effectuate this Section.
34 (j) Medical statements or medical reports received in
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1 the Secretary of State's Office shall be confidential. No
2 confidential information may be open to public inspection or
3 the contents disclosed to anyone, except officers and
4 employees of the Secretary who have a need to know the
5 information contained in the medical reports and the Driver
6 License Medical Advisory Board, unless so directed by an
7 order of a court of competent jurisdiction.
8 (k) All fees collected under this Section shall be paid
9 into the Road Fund of the State Treasury, except that $3 of
10 the $5 fee for a driver's record shall be paid into the
11 Secretary of State Special Services Fund.
12 (l) The Secretary of State shall report his
13 recommendations to the General Assembly by January 1, 1993,
14 regarding the sale and dissemination of the information
15 maintained by the Secretary, including the sale of lists of
16 driver and vehicle records.
17 (Source: P.A. 88-208; 88-363; 88-670, eff. 12-2-94; 89-503,
18 eff. 7-1-96.)".