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92_SB0610eng SB610 Engrossed LRB9207776LDpr 1 AN ACT concerning matters relating to the Secretary of 2 State. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The State Finance Act is amended by changing 6 Section 6z-34 as follows: 7 (30 ILCS 105/6z-34) 8 Sec. 6z-34. Secretary of State Special Services Fund. 9 There is created in the State Treasury a special fund to be 10 known as the Secretary of State Special Services Fund. 11 Moneys deposited into the Fund may, subject to appropriation, 12 be used by the Secretary of State for any or all of the 13 following purposes: 14 (1) For general automation efforts within 15 operations of the Office of Secretary of State. 16 (2) For technology applications in any form that 17 will enhance the operational capabilities of the Office 18 of Secretary of State. 19 (3) To provide funds for any type of library grants 20 authorized and administered by the Secretary of State as 21 State Librarian. 22 These funds are in addition to any other funds otherwise 23 authorized to the Office of Secretary of State for like or 24 similar purposes. 25 On August 15, 1997, all fiscal year 1997 receipts that 26 exceed the amount of $15,000,000 shall be transferred from 27 this Fund to the Statistical Services Revolving Fund;andon 28 August 15, 1998 and each year thereafter through 2000, all 29 receipts from the fiscal year ending on the previous June 30 30th that exceed the amount of $17,000,000 shall be 31 transferred from this Fund to the Statistical Services SB610 Engrossed -2- LRB9207776LDpr 1 Revolving Fund; and on August 15, 2001 and each year 2 thereafter, all receipts from the fiscal year ending on the 3 previous June 30th that exceed the amount of $19,000,000 4 shall be transferred from this Fund to the Statistical 5 Services Revolving Fund. 6 (Source: P.A. 89-503, eff. 7-1-96; 89-697, eff. 1-6-97.) 7 Section 10. The Illinois Vehicle Code is amended by 8 adding Section 1-159.2 and changing Section 2-123 as follows: 9 (625 ILCS 5/1-159.2 new) 10 Sec. 1-159.2. Personally identifying information. 11 Information that identifies an individual, including his or 12 her photograph, social security number, driver identification 13 number, name, address (but not the 5 digit zip code), 14 telephone number, and medical or disability information, but 15 "personally identifying information" does not include 16 information on vehicular accidents, driving violations, and 17 driver's status. 18 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) 19 Sec. 2-123. Sale and Distribution of Information. 20 (a) Except as otherwise provided in this Section, the 21 Secretary may make the driver's license, vehicle and title 22 registration lists, in part or in whole, and any statistical 23 information derived from these lists available to local 24 governments, elected state officials, state educational 25 institutions,public librariesand all other governmental 26 units of the State and Federal Government requesting them for 27 governmental purposes. The Secretary shall require any such 28 applicant for services to pay for the costs of furnishing 29 such services and the use of the equipment involved, and in 30 addition is empowered to establish prices and charges for the 31 services so furnished and for the use of the electronic SB610 Engrossed -3- LRB9207776LDpr 1 equipment utilized. 2 (b) The Secretary is further empowered to and he may, in 3 his discretion, furnish to any applicant, other than listed 4 in subsection (a) of this Section, vehicle or driver data on 5 a computer tape, disk, other electronic format or computer 6 processable medium, or printout at a fixed fee of $250 in 7 advance and require in addition a further sufficient deposit 8 based upon the Secretary of State's estimate of the total 9 cost of the information requested and a charge of $25 per 10 1,000 units or part thereof identified or the actual cost, 11 whichever is greater. The Secretary is authorized to refund 12 any difference between the additional deposit and the actual 13 cost of the request. This service shall not be in lieu of an 14 abstract of a driver's record nor of a title or registration 15 search. This service may be limited to entities purchasing a 16 minimum number of records as required by administrative rule. 17 The information sold pursuant to this subsection shall be the 18 entire vehicle or driver data list, or part thereof. The 19 information sold pursuant to this subsection shall not 20 contain personally identifying information unless the 21 information is to be used for one of the purposes identified 22 in subsection (f-5) of this Section. Commercial purchasers 23 of driver and vehicle record databases shall enter into a 24 written agreement with the Secretary of State that includes 25 disclosure of the commercial use of the information to be 26 purchased. 27 (c) Secretary of State may issue registration lists. 28 The Secretary of State shall compile and publish, at least 29 annually, a list of all registered vehicles. Each list of 30 registered vehicles shall be arranged serially according to 31 the registration numbers assigned to registered vehicles and 32 shall contain in addition the names and addresses of 33 registered owners and a brief description of each vehicle 34 including the serial or other identifying number thereof. SB610 Engrossed -4- LRB9207776LDpr 1 Such compilation may be in such form as in the discretion of 2 the Secretary of State may seem best for the purposes 3 intended. 4 (d) The Secretary of State shall furnish no more than 2 5 current available lists of such registrations to the sheriffs 6 of all counties and to the chiefs of police of all cities and 7 villages and towns of 2,000 population and over in this State 8 at no cost. Additional copies may be purchased by the 9 sheriffs or chiefs of police at the fee of $500 each or at 10 the cost of producing the list as determined by the Secretary 11 of State. Such lists are to be used for governmental 12 purposes only. 13 (e) (Blank).The Secretary of State shall upon written14request and the payment of the fee of $500 furnish the15current available list of such motor vehicle registrations to16any person so long as the supply of available registration17lists shall last.18 (e-1) (Blank).Commercial purchasers of driver and19vehicle record databases shall enter into a written agreement20with the Secretary of State that includes disclosure of the21commercial use of the intended purchase. Affected drivers,22vehicle owners, or registrants may request that their23personally identifiable information not be used for24commercial solicitation purposes.25 (f) The Secretary of State shall make a title or 26 registration search of the records of his office and a 27 written report on the same for any person, upon written 28 application of such person, accompanied by a fee of $5 for 29 each registration or title search. The written application 30 shall set forth the intended use of the requested 31 information. No fee shall be charged for a title or 32 registration search, or for the certification thereof 33 requested by a government agency. The report of the title or 34 registration search shall not contain personally identifying SB610 Engrossed -5- LRB9207776LDpr 1 information unless the request for a search was made for one 2 of the purposes identified in subsection (f-5) of this 3 Section. 4 The Secretary of State shall certify a title or 5 registration record upon written request. The fee for 6 certification shall be $5 in addition to the fee required for 7 a title or registration search. Certification shall be made 8 under the signature of the Secretary of State and shall be 9 authenticated by Seal of the Secretary of State. 10 The Secretary of State may notify the vehicle owner or 11 registrant of the request for purchase of his title or 12 registration information as the Secretary deems appropriate. 13The vehicle owner or registrant residence address and14other personally identifiable information on the record shall15not be disclosed. This nondisclosure shall not apply to16requests made by law enforcement officials, government17agencies, financial institutions, attorneys, insurers,18employers, automobile associated businesses, other business19entities for purposes consistent with the Illinois Vehicle20Code, the vehicle owner or registrant, or other entities as21the Secretary may exempt by rule and regulation. This22information may be withheld from the entities listed above,23except law enforcement and government agencies upon24presentation of a valid court order of protection for the25duration of the order.26 No information shall be released to the requestor until 27 expiration of a 10 day period. This 10 day period shall not 28 apply to requests for information made by law enforcement 29 officials, government agencies, financial institutions, 30 attorneys, insurers, employers, automobile associated 31 businesses, persons licensed as a private detective or firms 32 licensed as a private detective agency under the Private 33 Detective, Private Alarm, and Private Security Act of 1983, 34 who are employed by or are acting on behalf of law SB610 Engrossed -6- LRB9207776LDpr 1 enforcement officials, government agencies, financial 2 institutions, attorneys, insurers, employers, automobile 3 associated businesses, and other business entities for 4 purposes consistent with the Illinois Vehicle Code, the 5 vehicle owner or registrant or other entities as the 6 Secretary may exempt by rule and regulation. 7 Any misrepresentation made by a requestor of title or 8 vehicle information shall be punishable as a petty offense, 9 except in the case of persons licensed as a private detective 10 or firms licensed as a private detective agency which shall 11 be subject to disciplinary sanctions under Section 22 or 25 12 of the Private Detective, Private Alarm, and Private Security 13 Act of 1983. 14 (f-5) The Secretary of State shall not disclose or 15 otherwise make available to any person or entity any 16 personally identifying information obtained by the Secretary 17 of State in connection with a driver's license, vehicle, or 18 title registration record unless the information is disclosed 19 for one of the following purposes: 20 (1) For use by any government agency, including any 21 court or law enforcement agency, in carrying out its 22 functions, or any private person or entity acting on 23 behalf of a federal, State, or local agency in carrying 24 out its functions. 25 (2) For use in connection with matters of motor 26 vehicle or driver safety and theft; motor vehicle 27 emissions; motor vehicle product alterations, recalls, or 28 advisories; performance monitoring of motor vehicles, 29 motor vehicle parts, and dealers; and removal of 30 non-owner records from the original owner records of 31 motor vehicle manufacturers. 32 (3) For use in the normal course of business by a 33 legitimate business or its agents, employees, or 34 contractors, but only: SB610 Engrossed -7- LRB9207776LDpr 1 (A) to verify the accuracy of personal 2 information submitted by an individual to the 3 business or its agents, employees, or contractors; 4 and 5 (B) if such information as so submitted is not 6 correct or is no longer correct, to obtain the 7 correct information, but only for the purposes of 8 preventing fraud by, pursuing legal remedies 9 against, or recovering on a debt or security 10 interest against, the individual. 11 (4) For use in research activities and for use in 12 producing statistical reports, if the personally 13 identifying information is not published, redisclosed, or 14 used to contact individuals. 15 (5) For use in connection with any civil, criminal, 16 administrative, or arbitral proceeding in any federal, 17 State, or local court or agency or before any 18 self-regulatory body, including the service of process, 19 investigation in anticipation of litigation, and the 20 execution or enforcement of judgments and orders, or 21 pursuant to an order of a federal, State, or local court. 22 (6) For use by any insurer or insurance support 23 organization or by a self-insured entity or its agents, 24 employees, or contractors in connection with claims 25 investigation activities, antifraud activities, rating, 26 or underwriting. 27 (7) For use in providing notice to the owners of 28 towed or impounded vehicles. 29 (8) For use by any private investigative agency or 30 security service licensed in Illinois for any purpose 31 permitted under this subsection. 32 (9) For use by an employer or its agent or insurer 33 to obtain or verify information relating to a holder of a 34 commercial driver's license that is required under SB610 Engrossed -8- LRB9207776LDpr 1 chapter 313 of title 49 of the United States Code. 2 (10) For use in connection with the operation of 3 private toll transportation facilities. 4 (11) For use by any requester, if the requester 5 demonstrates it has obtained the written consent of the 6 individual to whom the information pertains. 7 (12) For use by members of the news media, as 8 defined in Section 1-148.5, for the purpose of 9 newsgathering when the request relates to the operation 10 of a motor vehicle or public safety. 11 (13) For any other use specifically authorized by 12 law, if that use is related to the operation of a motor 13 vehicle or public safety. 14 (g) 1. The Secretary of State may, upon receipt of a 15 written request and a fee of $6, furnish to the person or 16 agency so requesting a driver's record. Such document 17 may include a record of: current driver's license 18 issuance information, except that the information on 19 judicial driving permits shall be available only as 20 otherwise provided by this Code; convictions; orders 21 entered revoking, suspending or cancelling a driver's 22 license or privilege; and notations of accident 23 involvement. All other information, unless otherwise 24 permitted by this Code, shall remain confidential. 25 Information released pursuant to a request for a driver's 26 record shall not contain personally identifying 27 information, unless the request for the driver's record 28 was made for one of the purposes set forth in subsection 29 (f-5) of this Section. 30 2. The Secretary of State may certify an abstract 31 of a driver's record upon written request therefor. 32 Such certification shall be made under the signature of 33 the Secretary of State and shall be authenticated by the 34 Seal of his office. SB610 Engrossed -9- LRB9207776LDpr 1 3. All requests for driving record information 2 shall be made in a manner prescribed by the Secretary and 3 shall set forth the intended use of the requested 4 information. 5 The Secretary of State may notify the affected 6 driver of the request for purchase of his driver's record 7 as the Secretary deems appropriate. 8The affected driver residence address and other9personally identifiable information on the record shall10not be disclosed. This nondisclosure shall not apply to11requests made by law enforcement officials, government12agencies, financial institutions, attorneys, insurers,13employers, automobile associated businesses, other14business entities for purposes consistent with the15Illinois Vehicle Code, the affected driver, or other16entities as the Secretary may exempt by rule and17regulation. This information may be withheld from the18entities listed above, except law enforcement and19government agencies, upon presentation of a valid court20order of protection for the duration of the order.21 No information shall be released to the requester 22 until expiration of a 10 day period. This 10 day period 23 shall not apply to requests for information made by law 24 enforcement officials, government agencies, financial 25 institutions, attorneys, insurers, employers, automobile 26 associated businesses, persons licensed as a private 27 detective or firms licensed as a private detective agency 28 under the Private Detective, Private Alarm, and Private 29 Security Act of 1983, who are employed by or are acting 30 on behalf of law enforcement officials, government 31 agencies, financial institutions, attorneys, insurers, 32 employers, automobile associated businesses, and other 33 business entities for purposes consistent with the 34 Illinois Vehicle Code, the affected driver or other SB610 Engrossed -10- LRB9207776LDpr 1 entities as the Secretary may exempt by rule and 2 regulation. 3 Any misrepresentation made by a requestor of driver 4 information shall be punishable as a petty offense, 5 except in the case of persons licensed as a private 6 detective or firms licensed as a private detective agency 7 which shall be subject to disciplinary sanctions under 8 Section 22 or 25 of the Private Detective, Private Alarm, 9 and Private Security Act of 1983. 10 4. The Secretary of State may furnish without fee, 11 upon the written request of a law enforcement agency, any 12 information from a driver's record on file with the 13 Secretary of State when such information is required in 14 the enforcement of this Code or any other law relating to 15 the operation of motor vehicles, including records of 16 dispositions; documented information involving the use of 17 a motor vehicle; whether such individual has, or 18 previously had, a driver's license; and the address and 19 personal description as reflected on said driver's 20 record. 21 5. Except as otherwise provided in this Section, 22 the Secretary of State may furnish, without fee, 23 information from an individual driver's record on file, 24 if a written request therefor is submitted by any public 25 transit system or authority, public defender, law 26 enforcement agency, a state or federal agency, or an 27 Illinois local intergovernmental association, if the 28 request is for the purpose of a background check of 29 applicants for employment with the requesting agency, or 30 for the purpose of an official investigation conducted by 31 the agency, or to determine a current address for the 32 driver so public funds can be recovered or paid to the 33 driver, or for any otherlawfulpurpose set forth in 34 subsection (f-5) of this Section. SB610 Engrossed -11- LRB9207776LDpr 1 The Secretary may also furnish the courts a copy of 2 an abstract of a driver's record, without fee, subsequent 3 to an arrest for a violation of Section 11-501 or a 4 similar provision of a local ordinance. Such abstract 5 may include records of dispositions; documented 6 information involving the use of a motor vehicle as 7 contained in the current file; whether such individual 8 has, or previously had, a driver's license; and the 9 address and personal description as reflected on said 10 driver's record. 11 6. Any certified abstract issued by the Secretary 12 of State or transmitted electronically by the Secretary 13 of State pursuant to this Section, to a court or on 14 request of a law enforcement agency, for the record of a 15 named person as to the status of the person's driver's 16 license shall be prima facie evidence of the facts 17 therein stated and if the name appearing in such abstract 18 is the same as that of a person named in an information 19 or warrant, such abstract shall be prima facie evidence 20 that the person named in such information or warrant is 21 the same person as the person named in such abstract and 22 shall be admissible for any prosecution under this Code 23 and be admitted as proof of any prior conviction or proof 24 of records, notices, or orders recorded on individual 25 driving records maintained by the Secretary of State. 26 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, the Secretary of State shall 29 provide a driver's record to the affected driver, or the 30 affected driver's attorney, upon verification. Such 31 record shall contain all the information referred to in 32 paragraph 1 of this subsection (g) plus: any recorded 33 accident involvement as a driver; information recorded 34 pursuant to subsection (e) of Section 6-117 and paragraph SB610 Engrossed -12- LRB9207776LDpr 1 (4) of subsection (a) of Section 6-204 of this Code. All 2 other information, unless otherwise permitted by this 3 Code, shall remain confidential. 4 (h) The Secretary shall not disclose social security 5 numbers except pursuant to a written request by, or with the 6 prior written consent of, the individual except: (1) to 7 officers and employees of the Secretary who have a need to 8 know the social security numbers in performance of their 9 official duties, (2) to law enforcement officials for a 10 lawful, civil or criminal law enforcement investigation, and 11 if the head of the law enforcement agency has made a written 12 request to the Secretary specifying the law enforcement 13 investigation for which the social security numbers are being 14 sought, (3) to the United States Department of 15 Transportation, or any other State, pursuant to the 16 administration and enforcement of the Commercial Motor 17 Vehicle Safety Act of 1986, (4) pursuant to the order of a 18 court of competent jurisdiction, or (5) to the Department of 19 Public Aid for utilization in the child support enforcement 20 duties assigned to that Department under provisions of the 21 Public Aid Code after the individual has received advanced 22 meaningful notification of what redisclosure is sought by the 23 Secretary in accordance with the federal Privacy Act;24provided, the redisclosure shall not be authorized by the25Secretary prior to September 30, 1992. 26 (i) (Blank).The Secretary of State is empowered to27promulgate rules and regulations to effectuate this Section.28 (j) Medical statements or medical reports received in 29 the Secretary of State's Office shall be confidential. No 30 confidential information may be open to public inspection or 31 the contents disclosed to anyone, except officers and 32 employees of the Secretary who have a need to know the 33 information contained in the medical reports and the Driver 34 License Medical Advisory Board, unless so directed by an SB610 Engrossed -13- LRB9207776LDpr 1 order of a court of competent jurisdiction. 2 (k) All fees collected under this Section shall be paid 3 into the Road Fund of the State Treasury, except that $3 of 4 the $6 fee for a driver's record shall be paid into the 5 Secretary of State Special Services Fund. 6 (l) (Blank).The Secretary of State shall report his7recommendations to the General Assembly by January 1, 1993,8regarding the sale and dissemination of the information9maintained by the Secretary, including the sale of lists of10driver and vehicle records.11 (m) Notations of accident involvement that may be 12 disclosed under this Section shall not include notations 13 relating to damage to a vehicle or other property being 14 transported by a tow truck. This information shall remain 15 confidential, provided that nothing in this subsection (m) 16 shall limit disclosure of any notification of accident 17 involvement to any law enforcement agency or official. 18 (n) Requests made by the news media for driver's 19 license, vehicle, or title registration information may be 20 furnished without charge or at a reduced charge, as 21 determined by the Secretary, when the specific purpose for 22 requesting the documents is deemed to be in the public 23 interest. Waiver or reduction of the fee is in the public 24 interest if the principal purpose of the request is to access 25 and disseminate information regarding the health, safety, and 26 welfare or the legal rights of the general public and is not 27 for the principal purpose of gaining a personal or commercial 28 benefit. The information provided pursuant to this subsection 29 shall not contain personally identifying information unless 30 the information is to be used for one of the purposes 31 identified in subsection (f-5) of this Section. 32 (m) The redisclosure of personally identifying 33 information obtained pursuant to this Section is prohibited, 34 except to the extent necessary to effectuate the purpose for SB610 Engrossed -14- LRB9207776LDpr 1 which the original disclosure of the information was 2 permitted. 3 (n) The Secretary of State is empowered to adopt rules 4 to effectuate this Section. 5 (Source: P.A. 90-144, eff. 7-23-97; 90-330, eff. 8-8-97; 6 90-400, eff. 8-15-97; 90-655, eff. 7-30-98; 91-37, eff. 7 7-1-99; 91-357, eff. 7-29-99; 91-716, eff. 10-1-00.) 8 Section 99. Effective date. This Act takes effect on 9 July 1, 2001.