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Public Act 101-0326 Public Act 0326 101ST GENERAL ASSEMBLY |
Public Act 101-0326 | SB1344 Enrolled | LRB101 07747 TAE 52796 b |
|
| AN ACT concerning the Secretary of State.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Identification Card Act is amended | by changing Sections 1A and 11 as follows: | (15 ILCS 335/1A) | Sec. 1A. Definitions. As used in this Act: | "Highly restricted personal information" means an | individual's photograph, signature, social security number, | and medical or disability information. | "Identification card making implement" means any material, | hardware, or software that is specifically designed for or | primarily used in the manufacture, assembly, issuance, or | authentication of an official identification card issued by the | Secretary of State. | "Fraudulent identification card" means any identification | card
that purports to be an official identification card for | which a computerized
number and file have not been created by | the Secretary of State, the United
States Government or any | state or political subdivision thereof, or any
governmental or | quasi-governmental organization. For the purpose of this
Act, | any identification card that resembles an official | identification
card in either size, color, photograph |
| location, or design or uses the word
"official", "state", | "Illinois", or the name of any other state or
political | subdivision thereof, or any governmental or quasi-governmental
| organization individually or in any combination
thereof to | describe or modify the term "identification card" or "I.D. | card"
anywhere on the card, or uses a shape in the likeness of | Illinois
or any other state on the photograph side of
the card, | is deemed to be a fraudulent identification card unless the | words
"This is not an official Identification Card", appear | prominently upon it in
black colored lettering in 12-point type | on the photograph side of the card,
and no such card shall be | smaller in size than 3 inches by 4 inches, and the
photograph | shall be on the left side of the card only. | "Legal name" means the full given name and surname of an | individual as recorded at birth, recorded at marriage, or | deemed as the correct legal name for use in reporting income by | the Social Security Administration or the name as otherwise | established through legal action that appears on the associated | official document presented to the Secretary of State. | "Personally identifying information" means information | that identifies an individual, including his or her | identification card number, name, address (but not the 5-digit | zip code), date of birth, height, weight, hair color, eye | color, email address, and telephone number.
| "Homeless person" or "homeless individual" has the same | meaning as defined by the federal McKinney-Vento Homeless |
| Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). | "Youth for whom the Department of Children and Family | Services is legally responsible" or "foster child" means a | child or youth whose guardianship or custody has been accepted | by the Department of Children and Family Services pursuant to | the Juvenile Court Act of 1987, the Children and Family | Services Act, the Abused and Neglected Child Reporting Act, and | the Adoption Act. This applies to children for whom the | Department of Children and Family Services has temporary | protective custody, custody or guardianship via court order, or | children whose parents have signed an adoptive surrender or | voluntary placement agreement with the Department. | "REAL ID compliant identification card" means a standard | Illinois Identification Card or Illinois Person with a | Disability Identification Card issued in compliance with the | REAL ID Act and implementing regulations. REAL ID compliant | identification cards shall bear a security marking approved by | the United States Department of Homeland Security. | "Non-compliant identification card" means a standard | Illinois Identification Card or Illinois Person with a | Disability Identification Card issued in a manner which is not | compliant with the REAL ID Act and implementing regulations. | Non-compliant identification cards shall be marked "Not for | Federal Identification" and shall have a color or design | different from the REAL ID compliant identification card. | "Limited Term REAL ID compliant identification card" means |
| a REAL ID compliant identification card issued to persons who | are not permanent residents or citizens of the United States, | and marked "Limited Term" on the face of the card. | (Source: P.A. 99-659, eff. 7-28-17; 100-201, eff. 8-18-17; | 100-248, eff. 8-22-17.)
| (15 ILCS 335/11) (from Ch. 124, par. 31)
| Sec. 11. Records. | (a) The Secretary may make a search of his records and | furnish
information as to whether a person has a current | Standard Illinois
Identification Card or an Illinois Person | with a Disability Identification Card then on
file, upon | receipt of a written application therefor accompanied with the
| prescribed fee. However, the Secretary may not disclose medical
| information concerning an individual to any person, public | agency, private
agency, corporation or governmental body | unless the individual has
submitted a written request for the | information or unless the individual
has given prior written | consent for the release of the information to a
specific person | or entity. This exception shall not apply to: (1) offices
and | employees of the Secretary who have a need to know the medical
| information in performance of their official duties, or (2) | orders of a
court of competent jurisdiction. When medical | information is disclosed by
the Secretary in accordance with | the provisions of this Section, no
liability shall rest with | the Office of the Secretary of State as the
information is |
| released for informational purposes only. | (b) The Secretary may release personally identifying | information or highly restricted personal information only to: | (1) officers and employees of the Secretary who have a | need to know that information for issuance of driver's | licenses, permits, or identification cards and | investigation of fraud or misconduct ; | (2) other governmental agencies for use in their | official governmental functions; | (3) law enforcement agencies that need the information | for a criminal or civil investigation; | (3-5) the State Board of Elections for the purpose of | providing the signatures required by a local election | authority to register a voter through an online voter | registration system or as may be required by an agreement | the State Board of Elections has entered into with a | multi-state voter registration list maintenance system; or | (4) any entity that the Secretary has authorized, by | rule , to receive this information . | (c) The Secretary may release highly restricted personal | information only to: | (1) officers and employees of the Secretary who have a | need to access the information for the issuance of driver's | licenses, permits, or identification cards and | investigation of fraud or misconduct; | (2) law enforcement officials for a criminal or civil |
| law enforcement investigation; | (3) the State Board of Elections for the purpose of | providing the signature for completion of voter | registration; or | (4) any other entity the Secretary has authorized by | rule. | (d) Documents required to be submitted with an application | for an identification card to prove the applicant's identity | (name and date of birth), social security number, written | signature, residency, and, as applicable, proof of lawful | status shall be confidential and shall not be disclosed except | to the following persons: | (1) the individual to whom the identification card was | issued, upon written request; | (2) officers and employees of the Secretary of State | who have a need to have access to the stored images for | purposes of issuing and controlling driver's licenses, | permits, or identification cards and investigation of | fraud or misconduct; | (3) law enforcement officials for a civil or criminal | law enforcement investigation; | (4) other entities that the Secretary may authorize by | rule. | (e) The Secretary may not disclose an individual's social | security number or any associated information obtained from the | Social Security Administration without the written request or |
| consent of the individual except: (i) to officers and employees | of the Secretary who have a need to know the social security | number in the performance of their official duties; (ii) to law | enforcement officials for a lawful civil or criminal law | enforcement investigation if an officer the head of the law | enforcement agency has made a written request to the Secretary | specifying the law enforcement investigation for which the | social security number is being sought; (iii) under a lawful | court order signed by a judge; or (iv) to the Illinois | Department of Veterans' Affairs for the purpose of confirming | veteran status to agencies in other states responsible for the | issuance of state identification cards for participation in | State-to-State verification service; or (v) the last 4 digits | to the Illinois State Board of Elections for purposes of voter | registration and as may be required pursuant to an agreement | for a multi-state voter registration list maintenance system. | The Secretary retains the right to require additional | verification regarding the validity of a request from law | enforcement. If social security information is disclosed by the | Secretary in accordance with this Section, no liability shall | rest with the Office of the Secretary of State or any of its | officers or employees, as the information is released for | official purposes only .
| (Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13; | 98-115, eff. 7-29-13; 98-463, eff. 8-16-13; 98-1171, eff. | 6-1-15 .)
|
| Section 10. The Illinois Vehicle Code is amended by | changing Sections 1-159.2, 2-123, and 6-110.1 and by adding | Section 6-110.2 as follows: | (625 ILCS 5/1-159.2)
| Sec. 1-159.2. Personally identifying information. | Information that
identifies an individual, including his or her | driver's license driver identification number, name, address | (but not the 5 digit zip
code), date of birth, height, weight, | hair color, eye color, email address, and
telephone number, but
| "personally
identifying information" does not include | information on vehicular accidents,
driving violations, and | driver's status.
| (Source: P.A. 92-32, eff. 7-1-01; 93-895, eff. 1-1-05.)
| (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
| Sec. 2-123. Sale and distribution of information.
| (a) Except as otherwise provided in this Section, the | Secretary may make the
driver's license, vehicle and title | registration lists, in part or in whole,
and any statistical | information derived from these lists available to local
| governments, elected state officials, state educational | institutions, and all
other governmental units of the State and | Federal
Government
requesting them for governmental purposes. | The Secretary shall require any such
applicant for services to |
| pay for the costs of furnishing such services and the
use of | the equipment involved, and in addition is empowered to | establish prices
and charges for the services so furnished and | for the use of the electronic
equipment utilized.
| (b) The Secretary is further empowered to and he may, in | his discretion,
furnish to any applicant, other than listed in | subsection (a) of this Section,
vehicle or driver data on a | computer tape, disk, other electronic format or
computer | processable medium, or printout at a fixed fee of
$250 for | orders received before October 1, 2003 and $500 for orders | received
on or after October 1, 2003, in advance, and require | in addition a
further sufficient
deposit based upon the | Secretary of State's estimate of the total cost of the
| information requested and a charge of $25 for orders received | before October
1, 2003 and $50 for orders received on or after | October 1, 2003, per 1,000
units or part
thereof identified or | the actual cost, whichever is greater. The Secretary is
| authorized to refund any difference between the additional | deposit and the
actual cost of the request. This service shall | not be in lieu of an abstract
of a driver's record nor of a | title or registration search. This service may
be limited to | entities purchasing a minimum number of records as required by
| administrative rule. The information
sold pursuant to this | subsection shall be the entire vehicle or driver data
list, or | part thereof. The information sold pursuant to this subsection
| shall not contain personally identifying information unless |
| the information is
to be used for one of the purposes | identified in subsection (f-5) of this
Section. Commercial | purchasers of driver and vehicle record databases shall
enter | into a written agreement with the Secretary of State that | includes
disclosure of the commercial use of the information to | be purchased. | (b-1) The Secretary is further empowered to and may, in his | or her discretion, furnish vehicle or driver data on a computer | tape, disk, or other electronic format or computer processible | medium, at no fee, to any State or local governmental agency | that uses the information provided by the Secretary to transmit | data back to the Secretary that enables the Secretary to | maintain accurate driving records, including dispositions of | traffic cases. This information may be provided without fee not | more often than once every 6 months.
| (c) Secretary of State may issue registration lists. The | Secretary
of State may compile a list of all registered
| vehicles. Each list of registered vehicles shall be arranged | serially
according to the registration numbers assigned to | registered vehicles and
may contain in addition the names and | addresses of registered owners and
a brief description of each | vehicle including the serial or other
identifying number | thereof. Such compilation may be in such form as in the
| discretion of the Secretary of State may seem best for the | purposes intended.
| (d) The Secretary of State shall furnish no more than 2 |
| current available
lists of such registrations to the sheriffs | of all counties and to the chiefs
of police of all cities and | villages and towns of 2,000 population and over
in this State | at no cost. Additional copies may be purchased by the sheriffs
| or chiefs of police at the fee
of $500 each or at the cost of | producing the list as determined
by the Secretary of State. | Such lists are to be used for governmental
purposes only.
| (e) (Blank).
| (e-1) (Blank).
| (f) The Secretary of State shall make a title or | registration search of the
records of his office and a written | report on the same for any person, upon
written application of | such person, accompanied by a fee of $5 for
each registration | or title search. The written application shall set forth
the | intended use of the requested information. No fee shall be | charged for a
title or
registration search, or for the | certification thereof requested by a government
agency. The | report of the title or registration search shall not contain
| personally identifying information unless the request for a | search was made for
one of the purposes identified in | subsection (f-5) of this Section. The report of the title or | registration search shall not contain highly
restricted | personal
information unless specifically authorized by this | Code.
| The Secretary of State shall certify a title or | registration record upon
written request. The fee for |
| certification shall be $5 in addition
to the fee required for a | title or registration search. Certification shall
be made under | the signature of the Secretary of State and shall be
| authenticated by Seal of the Secretary of State.
| The Secretary of State may notify the vehicle owner or | registrant of
the request for purchase of his title or | registration information as the
Secretary deems appropriate.
| No information shall be released to the requester requestor | until expiration of a 10-day
10 day period. This 10-day 10 day | period shall not apply to requests for
information made by law | enforcement officials, government agencies,
financial | institutions, attorneys, insurers, employers, automobile
| associated businesses, persons licensed as a private detective | or firms
licensed as a private detective agency under the | Private Detective, Private
Alarm, Private Security, | Fingerprint Vendor, and Locksmith Act of 2004, who are employed | by or are
acting on
behalf of law enforcement officials, | government agencies, financial
institutions, attorneys, | insurers, employers, automobile associated businesses,
and | other business entities for purposes consistent with the | Illinois Vehicle
Code, the vehicle owner or registrant or other | entities as the Secretary may
exempt by rule and regulation.
| Any misrepresentation made by a requester requestor of | title or vehicle information
shall be punishable as a petty | offense, except in the case of persons
licensed as a private | detective or firms licensed as a private detective agency
which |
| shall be subject to disciplinary sanctions under Section 40-10 | of the
Private Detective, Private Alarm, Private Security, | Fingerprint Vendor, and Locksmith Act of 2004.
| (f-5) The Secretary of State shall not disclose or | otherwise make
available to
any person or entity any personally | identifying information obtained by the
Secretary
of State in | connection with a driver's license, vehicle, or title | registration
record
unless the information is disclosed for one | of the following purposes:
| (1) For use by any government agency, including any | court or law
enforcement agency, in carrying out its | functions, or any private person or
entity acting on behalf | of a federal, State, or local agency in carrying out
its
| functions.
| (2) For use in connection with matters of motor vehicle | or driver safety
and theft; motor vehicle emissions; motor | vehicle product alterations, recalls,
or advisories; | performance monitoring of motor vehicles, motor vehicle | parts,
and dealers; and removal of non-owner records from | the original owner
records of motor vehicle manufacturers.
| (3) For use in the normal course of business by a | legitimate business or
its agents, employees, or | contractors, but only:
| (A) to verify the accuracy of personal information | submitted by
an individual to the business or its | agents, employees, or contractors;
and
|
| (B) if such information as so submitted is not | correct or is no
longer correct, to obtain the correct | information, but only for the
purposes of preventing | fraud by, pursuing legal remedies against, or
| recovering on a debt or security interest against, the | individual.
| (4) For use in research activities and for use in | producing statistical
reports, if the personally | identifying information is not published,
redisclosed, or | used to
contact individuals.
| (5) For use in connection with any civil, criminal, | administrative, or
arbitral proceeding in any federal, | State, or local court or agency or before
any
| self-regulatory body, including the service of process, | investigation in
anticipation of litigation, and the | execution or enforcement of judgments and
orders, or | pursuant to an order of a federal, State, or local court.
| (6) For use by any insurer or insurance support | organization or by a
self-insured entity or its agents, | employees, or contractors in connection with
claims | investigation activities, antifraud activities, rating, or | underwriting.
| (7) For use in providing notice to the owners of towed | or
impounded vehicles.
| (8) For use by any person licensed as a private | detective or firm licensed as a private
detective agency |
| under
the Private Detective, Private Alarm, Private | Security, Fingerprint Vendor, and Locksmith Act of
2004, | private investigative agency or security service
licensed | in Illinois for any purpose permitted under this | subsection.
| (9) For use by an employer or its agent or insurer to | obtain or verify
information relating to a holder of a | commercial driver's license that is
required under chapter | 313 of title 49 of the United States Code.
| (10) For use in connection with the operation of | private toll
transportation facilities.
| (11) For use by any requester, if the requester | demonstrates it has
obtained the written consent of the | individual to whom the information
pertains.
| (12) For use by members of the news media, as defined | in
Section 1-148.5, for the purpose of newsgathering when | the request relates to
the
operation of a motor vehicle or | public safety.
| (13) For any other use specifically authorized by law, | if that use is
related to the operation of a motor vehicle | or public safety. | (f-6) The Secretary of State shall not disclose or | otherwise make
available to any
person or entity any highly | restricted personal information obtained by the
Secretary of
| State in connection with a driver's license, vehicle, or
title | registration
record unless
specifically authorized by this |
| Code.
| (g) 1. The Secretary of State may, upon receipt of a | written request
and a fee as set forth in Section 6-118, | furnish to the person or agency so requesting a
driver's record | or data contained therein. Such document may include a record | of: current driver's
license issuance information, except that | the information on judicial driving
permits shall be available | only as otherwise provided by this Code;
convictions; orders | entered revoking, suspending or cancelling a
driver's
license | or privilege; and notations of accident involvement. All other
| information, unless otherwise permitted by
this Code, shall | remain confidential. Information released pursuant to a
| request for a driver's record shall not contain personally | identifying
information, unless the request for the driver's | record was made for one of the
purposes set forth in subsection | (f-5) of this Section. The Secretary of State may, without fee, | allow a parent or guardian of a person under the age of 18 | years, who holds an instruction permit or graduated driver's | license, to view that person's driving record online, through a | computer connection.
The parent or guardian's online access to | the driving record will terminate when the instruction permit | or graduated driver's license holder reaches the age of 18.
| 2. The Secretary of State shall not disclose or otherwise | make available
to any
person or
entity any highly restricted | personal information obtained by the Secretary of
State in
| connection with a driver's license, vehicle, or title
|
| registration record
unless specifically
authorized by this | Code. The Secretary of State may certify an abstract of a | driver's record
upon written request therefor. Such | certification
shall be made under the signature of the | Secretary of State and shall be
authenticated by the Seal of | his office.
| 3. All requests for driving record information shall be | made in a manner
prescribed by the Secretary and shall set | forth the intended use of the
requested information.
| The Secretary of State may notify the affected driver of | the request
for purchase of his driver's record as the | Secretary deems appropriate.
| No information shall be released to the requester until | expiration of a 10-day
10 day period. This 10-day 10 day period | shall not apply to requests for information
made by law | enforcement officials, government agencies, financial | institutions,
attorneys, insurers, employers, automobile | associated businesses, persons
licensed as a private detective | or firms licensed as a private detective agency
under the | Private Detective, Private Alarm, Private Security, | Fingerprint Vendor, and Locksmith Act
of 2004,
who are employed | by or are acting on behalf of law enforcement officials,
| government agencies, financial institutions, attorneys, | insurers, employers,
automobile associated businesses, and | other business entities for purposes
consistent with the | Illinois Vehicle Code, the affected driver or other
entities as |
| the Secretary may exempt by rule and regulation.
| Any misrepresentation made by a requester requestor of | driver information shall
be punishable as a petty offense, | except in the case of persons licensed as
a private detective | or firms licensed as a private detective agency which shall
be | subject to disciplinary sanctions under Section 40-10 of the | Private
Detective, Private Alarm, Private Security, | Fingerprint Vendor, and Locksmith Act of 2004.
| 4. The Secretary of State may furnish without fee, upon the | written
request of a law enforcement agency, any information | from a driver's
record on file with the Secretary of State when | such information is required
in the enforcement of this Code or | any other law relating to the operation
of motor vehicles, | including records of dispositions; documented
information | involving the use of a motor vehicle; whether such individual
| has, or previously had, a driver's license; and the address and | personal
description as reflected on said driver's record.
| 5. Except as otherwise provided in this Section, the | Secretary of
State may furnish, without fee, information from | an individual driver's
record on file, if a written request | therefor is submitted
by any public transit system or | authority, public defender, law enforcement
agency, a state or | federal agency, or an Illinois local intergovernmental
| association, if the request is for the purpose of a background | check of
applicants for employment with the requesting agency, | or for the purpose of
an official investigation conducted by |
| the agency, or to determine a
current address for the driver so | public funds can be recovered or paid to
the driver, or for any | other purpose set forth in subsection (f-5)
of this Section.
| The Secretary may also furnish the courts a copy of an | abstract of a
driver's record, without fee, subsequent to an | arrest for a violation of
Section 11-501 or a similar provision | of a local ordinance. Such abstract
may include records of | dispositions; documented information involving
the use of a | motor vehicle as contained in the current file; whether such
| individual has, or previously had, a driver's license; and the | address and
personal description as reflected on said driver's | record.
| 6. Any certified abstract issued by the Secretary of State | or
transmitted electronically by the Secretary of State | pursuant to this
Section,
to a court or on request of a law | enforcement agency, for the record of a
named person as to the | status of the person's driver's license shall be
prima facie | evidence of the facts therein stated and if the name appearing
| in such abstract is the same as that of a person named in an | information or
warrant, such abstract shall be prima facie | evidence that the person named
in such information or warrant | is the same person as the person named in
such abstract and | shall be admissible for any prosecution under this Code and
be | admitted as proof of any prior conviction or proof of records, | notices, or
orders recorded on individual driving records | maintained by the Secretary of
State.
|
| 7. Subject to any restrictions contained in the Juvenile | Court Act of
1987, and upon receipt of a proper request and a | fee as set forth in Section 6-118, the
Secretary of
State shall | provide a driver's record or data contained therein to the | affected driver, or the affected
driver's attorney, upon | verification. Such record shall contain all the
information | referred to in paragraph 1 of this subsection (g) plus: any
| recorded accident involvement as a driver; information | recorded pursuant to
subsection (e) of Section 6-117 and | paragraph (4) of subsection (a) of
Section 6-204 of this Code. | All other information, unless otherwise permitted
by this Code, | shall remain confidential.
| (h) The Secretary shall not disclose social security | numbers or any associated information obtained from the Social | Security Administration except pursuant
to a written request | by, or with the prior written consent of, the
individual | except: (1) to officers and employees of the Secretary
who
have | a need to know the social security numbers in performance of | their
official duties, (2) to law enforcement officials for a | lawful, civil or
criminal law enforcement investigation, and if | an officer the head of the law enforcement
agency has made a | written request to the Secretary specifying the law
enforcement | investigation for which the social security numbers are being
| sought, though the Secretary retains the right to require | additional verification regarding the validity of the request, | (3) to the United States Department of Transportation, or any |
| other
State, pursuant to the administration and enforcement of | the Commercial
Motor Vehicle Safety Act of 1986 or | participation in State-to-State verification service , (4) | pursuant to the order of a court
of competent jurisdiction, (5) | to the Department of Healthcare and Family Services (formerly | Department of Public Aid) for
utilization
in the child support | enforcement duties assigned to that Department under
| provisions of the Illinois Public Aid Code after the individual | has received advanced
meaningful notification of what | redisclosure is sought by the Secretary in
accordance with the | federal Privacy Act, (5.5) to the Department of Healthcare and | Family Services and the Department of Human Services solely for | the purpose of verifying Illinois residency where such | residency is an eligibility requirement for benefits under the | Illinois Public Aid Code or any other health benefit program | administered by the Department of Healthcare and Family | Services or the Department of Human Services, (6) to the | Illinois Department of Revenue solely for use by the Department | in the collection of any tax or debt that the Department of | Revenue is authorized or required by law to collect, provided | that the Department shall not disclose the social security | number to any person or entity outside of the Department, or | (7) to the Illinois Department of Veterans' Affairs for the | purpose of confirming veteran status , or (8) the last 4 digits | to the Illinois State Board of Elections for purposes of voter | registration and as may be required pursuant to an agreement |
| for a multi-state voter registration list maintenance system. | If social security information is disclosed by the Secretary in | accordance with this Section, no liability shall rest with the | Office of the Secretary of State or any of its officers or | employees, as the information is released for official purposes | only .
| (i) (Blank).
| (j) Medical statements or medical reports received in the | Secretary of
State's Office shall be confidential. Except as | provided in this Section, no confidential information may be
| open to public inspection or the contents disclosed to anyone, | except
officers and employees of the Secretary who have a need | to know the information
contained in the medical reports and | the Driver License Medical Advisory
Board, unless so directed | by an order of a court of competent jurisdiction. If the | Secretary receives a medical report regarding a driver that | does not address a medical condition contained in a previous | medical report, the Secretary may disclose the unaddressed | medical condition to the driver or his or her physician, or | both, solely for the purpose of submission of a medical report | that addresses the condition.
| (k) Disbursement of fees collected under this Section shall | be as follows: (1) of the $12 fee for a driver's record, $3 | shall be paid into the Secretary of State Special Services | Fund, and $6 shall be paid into the General Revenue Fund; (2) | 50% of the amounts collected under subsection (b) shall be paid |
| into the General Revenue Fund; and (3) all remaining fees shall | be disbursed under subsection (g) of Section 2-119 of this | Code.
| (l) (Blank).
| (m) Notations of accident involvement that may be disclosed | under this
Section shall not include notations relating to | damage to a vehicle or other
property being transported by a | tow truck. This information shall remain
confidential, | provided that nothing in this subsection (m) shall limit
| disclosure of any notification of accident involvement to any | law enforcement
agency or official.
| (n) Requests made by the news media for driver's license, | vehicle, or
title registration information may be furnished | without charge or at a reduced
charge, as determined by the | Secretary, when the specific purpose for
requesting the | documents is deemed to be in the public interest. Waiver or
| reduction of the fee is in the public interest if the principal | purpose of the
request is to access and disseminate information | regarding the health, safety,
and welfare or the legal rights | of the general public and is not for the
principal purpose of | gaining a personal or commercial benefit.
The information | provided pursuant to this subsection shall not contain
| personally identifying information unless the information is | to be used for one
of the
purposes identified in subsection | (f-5) of this Section.
| (o) The redisclosure of personally identifying information
|
| obtained
pursuant
to this Section is prohibited, except to the | extent necessary to effectuate the
purpose
for which the | original disclosure of the information was permitted.
| (p) The Secretary of State is empowered to adopt rules
to
| effectuate this Section.
| (Source: P.A. 99-127, eff. 1-1-16; 100-590, eff. 6-8-18; | revised 10-11-18.)
| (625 ILCS 5/6-110.1)
| Sec. 6-110.1. Confidentiality of captured photographs or | images. The
Secretary of State shall maintain a file on or | contract to file all photographs
and signatures obtained in the | process of issuing a driver's license, permit,
or | identification card. The photographs and signatures shall be | confidential
and shall not be disclosed except to the following | persons:
| (1) the individual upon written request;
| (2) officers and employees of the Secretary of State | who have a need
to have access to the stored images for | purposes of issuing and controlling
driver's licenses, | permits, or identification cards and investigation of | fraud or misconduct ;
| (3) law enforcement officials for a lawful civil or | criminal
law enforcement investigation;
| (3-5) the State Board of Elections for the sole purpose | of providing the signatures required by a local election |
| authority to register a voter through an online voter | registration system; | (3-10) officers and employees of the Secretary of State | who have a need to have access to the stored images for | purposes of issuing and controlling notary public | commissions and for the purpose of providing the signatures | required to process online applications for appointment | and commission as notaries public; or | (4) other entities that the Secretary may authorize | exempt by rule.
| (Source: P.A. 98-115, eff. 7-29-13; 99-112, eff. 1-1-16 .)
| (625 ILCS 5/6-110.2 new) | Sec. 6-110.2. Confidentiality of documents submitted with | an application for a driver's license. Documents required to be | submitted with an application for a driver's license to prove | the applicant's identity (name and date of birth), social | security number, written signature, residency, and, as | applicable, proof of lawful status shall be confidential and | shall not be disclosed except to the following persons: | (1) the individual to whom the driver's license or | permit was issued, upon written request; | (2) officers and employees of the Secretary of State | who have a need to have access to the stored images for | purposes of issuing and controlling driver's licenses, | permits, or identification cards and investigation of |
| fraud or misconduct; | (3) law enforcement officials for a civil or criminal | law enforcement investigation; | (4) other entities that the Secretary may authorize by | rule.
| Section 99. Effective date. This Act takes effect upon | becoming law.
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INDEX
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Statutes amended in order of appearance
| | 15 ILCS 335/1A | | | 15 ILCS 335/11 | from Ch. 124, par. 31 | | 625 ILCS 5/1-159.2 | | | 625 ILCS 5/2-123 | from Ch. 95 1/2, par. 2-123 | | 625 ILCS 5/6-110.1 | | | 625 ILCS 5/6-110.2 new | |
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Effective Date: 8/9/2019
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