Public Act 094-0056
 		





SB0459 Enrolled
LRB094 09297 DRH 39536 b






    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 2-123 as follows:
 



    (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 shall compile and publish, at least 
annually, 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
shall 
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 requestor until 
expiration of a
10 day period.  This 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, 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 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, 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, and Locksmith Act of
1993, 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 of $6 before October 1, 2003 and 
    a fee of $12 on and after October
1, 2003, furnish to the 
    person or agency so requesting a
driver's record.  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.


        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 period.  This 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, 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 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, 
    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 of $6 before October 1,
2003 and a fee of 
    $12 on or after October 1, 2003, the
Secretary of
State 
    shall provide a driver's record 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 
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, (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, 
(4)  pursuant to the order of a court
of competent jurisdiction, 
or (5) to the Department of Public Aid for
utilization
in the 
child support enforcement duties assigned to that Department 
under
provisions of the 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.

    (i) (Blank).

    (j) Medical statements or medical reports received in the 
Secretary of
State's Office shall be confidential.  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.

    (k) All fees collected under this Section shall be paid 
into the Road
Fund of the State Treasury, except that (i) for 
fees collected before October
1, 2003, $3 of the $6 fee for a

driver's record shall be paid into the Secretary of State 
Special Services
Fund, (ii) for fees collected on and after 
October 1, 2003, 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, and (iii) for

fees collected on and after October 1, 2003, 50% of the amounts 
collected
pursuant to subsection (b) shall be paid into the 
General Revenue Fund.

    (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. 92-32, eff. 7-1-01; 92-651, eff. 7-11-02; 93-32, 
eff. 7-1-03; 93-438, eff. 8-5-03; 93-895, eff. 1-1-05.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.