Illinois General Assembly - Full Text of Public Act 101-0326
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Public Act 101-0326


 

Public Act 0326 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0326
 
SB1344 EnrolledLRB101 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.
INDEX
Statutes amended in order of appearance
    15 ILCS 335/1A
    15 ILCS 335/11from Ch. 124, par. 31
    625 ILCS 5/1-159.2
    625 ILCS 5/2-123from Ch. 95 1/2, par. 2-123
    625 ILCS 5/6-110.1
    625 ILCS 5/6-110.2 new

Effective Date: 8/9/2019