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90_HB0274enr
5 ILCS 120/2 from Ch. 102, par. 42
210 ILCS 50/3.45
210 ILCS 50/3.110
Amends the Emergency Medical Services (EMS) Systems Act
and the Open Meetings Act to provide that deliberations for
decisions, and not meetings, of the State Emergency Medical
Services Disciplinary Review Board are exempt from the
requirements of the Open Meetings Act. Further amends the
Emergency Medical Services (EMS) Systems Act to provide that
information relating to the Board or a local review board,
except final decisions, shall be inadmissible and
nondiscoverable.
LRB9000456DPcc
HB0274 Enrolled LRB9000456DPcc
1 AN ACT concerning disclosure of information, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Open Meetings Act is amended by changing
6 Section 2 as follows:
7 (5 ILCS 120/2) (from Ch. 102, par. 42)
8 Sec. 2. Open meetings.
9 (a) Openness required. All meetings of public bodies
10 shall be open to the public unless excepted in subsection (c)
11 and closed in accordance with Section 2a.
12 (b) Construction of exceptions. The exceptions contained
13 in subsection (c) are in derogation of the requirement that
14 public bodies meet in the open, and therefore, the exceptions
15 are to be strictly construed, extending only to subjects
16 clearly within their scope. The exceptions authorize but do
17 not require the holding of a closed meeting to discuss a
18 subject included within an enumerated exception.
19 (c) Exceptions. A public body may hold closed meetings
20 to consider the following subjects:
21 (1) The appointment, employment, compensation,
22 discipline, performance, or dismissal of specific
23 employees of the public body, including hearing testimony
24 on a complaint lodged against an employee to determine
25 its validity.
26 (2) Collective negotiating matters between the
27 public body and its employees or their representatives,
28 or deliberations concerning salary schedules for one or
29 more classes of employees.
30 (3) The selection of a person to fill a public
31 office, as defined in this Act, including a vacancy in a
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1 public office, when the public body is given power to
2 appoint under law or ordinance, or the discipline,
3 performance or removal of the occupant of a public
4 office, when the public body is given power to remove the
5 occupant under law or ordinance.
6 (4) Evidence or testimony presented in open
7 hearing, or in closed hearing where specifically
8 authorized by law, to a quasi-adjudicative body, as
9 defined in this Act, provided that the body prepares and
10 makes available for public inspection a written decision
11 setting forth its determinative reasoning.
12 (5) The purchase or lease of real property for the
13 use of the public body, including meetings held for the
14 purpose of discussing whether a particular parcel should
15 be acquired.
16 (6) The setting of a price for sale or lease of
17 property owned by the public body.
18 (7) The sale or purchase of securities,
19 investments, or investment contracts.
20 (8) Emergency security procedures and the use of
21 personnel and equipment to respond to actual danger to
22 the safety of employees, students, staff or public
23 property, provided that a description of the actual
24 danger shall be made a part of the motion to close the
25 meeting.
26 (9) Student disciplinary cases.
27 (10) The placement of individual students in
28 special education programs and other matters relating to
29 individual students.
30 (11) Litigation, when an action against, affecting
31 or on behalf of the particular public body has been filed
32 and is pending before a court or administrative tribunal,
33 or when the public body finds that an action is probable
34 or imminent, in which case the basis for the finding
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1 shall be recorded and entered into the minutes of the
2 closed meeting.
3 (12) The establishment of reserves or settlement of
4 claims as provided in the Local Governmental and
5 Governmental Employees Tort Immunity Act, if otherwise
6 the disposition of a claim or potential claim might be
7 prejudiced, or the review or discussion of claims, loss
8 or risk management information, records, data, advice or
9 communications from or with respect to any insurer of the
10 public body or any intergovernmental risk management
11 association or self insurance pool of which the public
12 body is a member.
13 (13) Conciliation of complaints of discrimination
14 in the sale or rental of housing, when closed meetings
15 are authorized by the law or ordinance prescribing fair
16 housing practices and creating a commission or
17 administrative agency for their enforcement.
18 (14) Informant sources, the hiring or assignment of
19 undercover personnel or equipment, or ongoing, prior or
20 future criminal investigations, when discussed by a
21 public body with criminal investigatory responsibilities.
22 (15) Professional ethics or performance when
23 considered by an advisory body appointed to advise a
24 licensing or regulatory agency on matters germane to the
25 advisory body's field of competence.
26 (16) Self evaluation, practices and procedures or
27 professional ethics, when meeting with a representative
28 of a statewide association of which the public body is a
29 member.
30 (17) The recruitment, credentialing, discipline or
31 formal peer review of physicians or other health care
32 professionals for a hospital, or other institution
33 providing medical care, that is operated by the public
34 body.
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1 (18) Deliberations for decisions of the Prisoner
2 Review Board.
3 (19) Review or discussion of applications received
4 under the Experimental Organ Transplantation Procedures
5 Act.
6 (20) The classification and discussion of matters
7 classified as confidential or continued confidential by
8 the State Employees Suggestion Award Board.
9 (21) Discussion of minutes of meetings lawfully
10 closed under this Act, whether for purposes of approval
11 by the body of the minutes or semi-annual review of the
12 minutes as mandated by Section 2.06.
13 (22) Deliberations for decisions The business of
14 the State Emergency Medical Services Disciplinary Review
15 Board.
16 (23) The operation by a municipality of a municipal
17 utility or the operation of a municipal power agency or
18 municipal natural gas agency when the discussion involves
19 (i) contracts relating to the purchase, sale, or delivery
20 of electricity or natural gas or (ii) the results or
21 conclusions of load forecast studies.
22 (d) Definitions. For purposes of this Section:
23 "Employee" means a person employed by a public body whose
24 relationship with the public body constitutes an
25 employer-employee relationship under the usual common law
26 rules, and who is not an independent contractor.
27 "Public office" means a position created by or under the
28 Constitution or laws of this State, the occupant of which is
29 charged with the exercise of some portion of the sovereign
30 power of this State. The term "public office" shall include
31 members of the public body, but it shall not include
32 organizational positions filled by members thereof, whether
33 established by law or by a public body itself, that exist to
34 assist the body in the conduct of its business.
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1 "Quasi-adjudicative body" means an administrative body
2 charged by law or ordinance with the responsibility to
3 conduct hearings, receive evidence or testimony and make
4 determinations based thereon, but does not include local
5 electoral boards when such bodies are considering petition
6 challenges.
7 (e) Final action. No final action may be taken at a
8 closed meeting. Final action shall be preceded by a public
9 recital of the nature of the matter being considered and
10 other information that will inform the public of the business
11 being conducted.
12 (Source: P.A. 88-530; 88-621, eff. 1-1-95; 89-86, eff.
13 6-30-95; 89-177, eff. 7-19-95; 89-626, eff. 8-9-96.)
14 Section 7. The Freedom of Information Act is amended by
15 changing Sections 2 and 6 as follows:
16 (5 ILCS 140/2) (from Ch. 116, par. 202)
17 Sec. 2. Definitions. As used in this Act:
18 (a) "Public body" means any legislative, executive,
19 administrative, or advisory bodies of the State, state
20 universities and colleges, counties, townships, cities,
21 villages, incorporated towns, school districts and all other
22 municipal corporations, boards, bureaus, committees, or
23 commissions of this State, and any subsidiary bodies of any
24 of the foregoing including but not limited to committees and
25 subcommittees which are supported in whole or in part by tax
26 revenue, or which expend tax revenue. "Public body" does not
27 include a child death review team established under the Child
28 Death Review Team Act.
29 (b) "Person" means any individual, corporation,
30 partnership, firm, organization or association, acting
31 individually or as a group.
32 (c) "Public records" means all records, reports, forms,
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1 writings, letters, memoranda, books, papers, maps,
2 photographs, microfilms, cards, tapes, recordings, electronic
3 data processing records, recorded information and all other
4 documentary materials, regardless of physical form or
5 characteristics, having been prepared, or having been or
6 being used, received, possessed or under the control of any
7 public body. "Public records" includes, but is expressly not
8 limited to: (i) administrative manuals, procedural rules,
9 and instructions to staff, unless exempted by Section 7(p) of
10 this Act; (ii) final opinions and orders made in the
11 adjudication of cases, except an educational institution's
12 adjudication of student or employee grievance or disciplinary
13 cases; (iii) substantive rules; (iv) statements and
14 interpretations of policy which have been adopted by a public
15 body; (v) final planning policies, recommendations, and
16 decisions; (vi) factual reports, inspection reports, and
17 studies whether prepared by or for the public body; (vii) all
18 information in any account, voucher, or contract dealing with
19 the receipt or expenditure of public or other funds of public
20 bodies; (viii) the names, salaries, titles, and dates of
21 employment of all employees and officers of public bodies;
22 (ix) materials containing opinions concerning the rights of
23 the state, the public, a subdivision of state or a local
24 government, or of any private persons; (x) the name of every
25 official and the final records of voting in all proceedings
26 of public bodies; (xi) applications for any contract, permit,
27 grant, or agreement except as exempted from disclosure by
28 subsection (g) of Section 7 of this Act; (xii) each report,
29 document, study, or publication prepared by independent
30 consultants or other independent contractors for the public
31 body; (xiii) all other information required by law to be made
32 available for public inspection or copying; (xiv) information
33 relating to any grant or contract made by or between a public
34 body and another public body or private organization; and
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1 (xv) waiver documents filed with the State Superintendent of
2 Education or the president of the University of Illinois
3 under Section 30-12.5 of the School Code, concerning nominees
4 for General Assembly scholarships under Sections 30-9, 30-10,
5 and 30-11 of the School Code.
6 (d) "Copying" means the reproduction of any public
7 record by means of any photographic, electronic, mechanical
8 or other process, device or means.
9 (e) "Head of the public body" means the president,
10 mayor, chairman, presiding officer, director, superintendent,
11 manager, supervisor or individual otherwise holding primary
12 executive and administrative authority for the public body,
13 or such person's duly authorized designee.
14 (f) "News media" means a newspaper or other periodical
15 issued at regular intervals, a news service, a radio station,
16 a television station, a community antenna television service,
17 or a person or corporation engaged in making news reels or
18 other motion picture news for public showing.
19 (Source: P.A. 88-614, eff. 9-7-94; 89-681, eff. 12-13-96.)
20 (5 ILCS 140/6) (from Ch. 116, par. 206)
21 Sec. 6. Authority to charge fees.
22 (a) Each public body may charge fees reasonably
23 calculated to reimburse its actual cost for reproducing and
24 certifying public records and for the use, by any person, of
25 the equipment of the public body to copy records. Such fees
26 shall exclude the costs of any search for and review of the
27 record, and shall not exceed the actual cost of reproduction
28 and certification, unless otherwise provided by State
29 statute. Such fees shall be imposed according to a standard
30 scale of fees, established and made public by the body
31 imposing them.
32 (b) Documents shall be furnished without charge or at a
33 reduced charge, as determined by the public body, if the
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1 person requesting the documents states the specific purpose
2 for the request and indicates that a waiver or reduction of
3 the fee is in the public interest. Waiver or reduction of
4 the fee is in the public interest if the principal purpose of
5 the request is to access and disseminate information
6 regarding the health, safety and welfare or the legal rights
7 of the general public and is not for the principal purpose of
8 personal or commercial benefit. For purposes of this
9 subsection, "commercial benefit" shall not apply to requests
10 made by news media when the principal purpose of the request
11 is to access and disseminate information regarding the
12 health, safety, and welfare or the legal rights of the
13 general public. In setting the amount of the waiver or
14 reduction, the public body may take into consideration the
15 amount of materials requested and the cost of copying them.
16 (c) The purposeful imposition of a fee not consistent
17 with subsections (6)(a) and (b) of this Act shall be
18 considered a denial of access to public records for the
19 purposes of judicial review.
20 (d) The fee for an abstract of a driver's record shall
21 be as provided in Section 6-118 of "The Illinois Vehicle
22 Code", approved September 29, 1969, as amended.
23 (Source: P.A. 85-1357.)
24 Section 10. The Emergency Medical Services (EMS) Systems
25 Act is amended by changing Sections 3.45 and 3.110 as
26 follows:
27 (210 ILCS 50/3.45)
28 Sec. 3.45. State Emergency Medical Services Disciplinary
29 Review Board.
30 (a) The Governor shall appoint a State Emergency Medical
31 Services Disciplinary Review Board, composed of an EMS
32 Medical Director, an EMS System Coordinator, an Emergency
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1 Medical Technician-Paramedic (EMT-P), an Emergency Medical
2 Technician-Basic (EMT-B), and the following members, who
3 shall only review cases in which a party is from the same
4 professional category: a Pre-Hospital RN, an ECRN, a Trauma
5 Nurse Specialist, an Emergency Medical
6 Technician-Intermediate (EMT-I), a representative from a
7 private vehicle service provider, a representative from a
8 public vehicle service provider, and an emergency physician
9 who monitors telecommunications from and gives voice orders
10 to EMS personnel. The Governor shall also appoint one
11 alternate for each member of the Board, from the same
12 professional category as the member of the Board.
13 (b) Of the members first appointed, 2 members shall be
14 appointed for a term of one year, 2 members shall be
15 appointed for a term of 2 years and the remaining members
16 shall be appointed for a term of 3 years. The terms of
17 subsequent appointments shall be 3 years. All appointees
18 shall serve until their successors are appointed. The
19 alternate members shall be appointed and serve in the same
20 fashion as the members of the Board. If a member resigns his
21 or her appointment, the corresponding alternate shall serve
22 the remainder of that member's term until a subsequent member
23 is appointed by the Governor.
24 (c) The function of the Board is to review and affirm,
25 reverse or modify orders to suspend an EMT or other
26 individual provider from participating within an EMS System.
27 (d) An individual, individual provider or other
28 participant who received an immediate suspension from an EMS
29 Medical Director may request the Board to reverse or modify
30 the suspension order. If the suspension had been affirmed or
31 modified by a local System review board, the suspended
32 participant may request the Board to reverse or modify the
33 local board's decision.
34 (e) An individual, individual provider or other
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1 participant who received a non-immediate suspension order
2 from an EMS Medical Director which was affirmed or modified
3 by a local System review board may request the Board to
4 reverse or modify the local board's decision.
5 (f) An EMS Medical Director whose suspension order was
6 reversed or modified by a local System review board may
7 request the Board to reverse or modify the local board's
8 decision.
9 (g) The Board shall regularly meet on the first Tuesday
10 of every month, unless no requests for review have been
11 submitted. Additional meetings of the Board shall be
12 scheduled as necessary to insure that a request for direct
13 review of an immediate suspension order is scheduled within
14 14 days after the Department receives the request for review
15 or as soon thereafter as a quorum is available. The Board
16 shall meet in Springfield or Chicago, whichever location is
17 closer to the majority of the members or alternates attending
18 the meeting. The Department shall reimburse the members and
19 alternates of the Board for reasonable travel expenses
20 incurred in attending meetings of the Board.
21 (h) A request for review shall be submitted in writing
22 to the Chief of the Department's Division of Emergency
23 Medical Services and Highway Safety, within 10 days after
24 receiving the local board's decision or the EMS Medical
25 Director's suspension order, whichever is applicable, a copy
26 of which shall be enclosed.
27 (i) At its regularly scheduled meetings, the Board shall
28 review requests which have been received by the Department at
29 least 10 working days prior to the Board's meeting date.
30 Requests for review which are received less than 10 working
31 days prior to a scheduled meeting shall be considered at the
32 Board's next scheduled meeting, except that requests for
33 direct review of an immediate suspension order may be
34 scheduled up to 3 working days prior to the Board's meeting
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1 date.
2 (j) A quorum shall be required for the Board to meet,
3 which shall consist of 3 members or alternates, including the
4 EMS Medical Director or alternate and the member or alternate
5 from the same professional category as the subject of the
6 suspension order. At each meeting of the Board, the members
7 or alternates present shall select a Chairperson to conduct
8 the meeting.
9 (k) Deliberations for decisions Meetings of the State
10 EMS Disciplinary Review Board shall be conducted in closed
11 session. Department staff may attend for the purpose of
12 providing clerical assistance, but. no other persons may be
13 in attendance except for the parties to the dispute being
14 reviewed by the Board and their attorneys, unless by request
15 of the Board. Meetings of the Board shall be exempt from the
16 provisions of the Open Meetings Act.
17 (l) The Board shall review the transcript, evidence and
18 written decision of the local review board or the written
19 decision and supporting documentation of the EMS Medical
20 Director, whichever is applicable, along with any additional
21 written or verbal testimony or argument offered by the
22 parties to the dispute.
23 (m) At the conclusion of its review, the Board shall
24 issue its decision and the basis for its decision on a form
25 provided by the Department, and shall submit to the
26 Department its written decision together with the record of
27 the local System review board. The Department shall promptly
28 issue a copy of the Board's decision to all affected parties.
29 The Board's decision shall be binding on all parties.
30 (Source: P.A. 89-177, eff. 7-19-95.)
31 (210 ILCS 50/3.110)
32 Sec. 3.110. EMS system and trauma center confidentiality
33 and immunity.
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1 (a) All information contained in or relating to any
2 medical audit performed of a trauma center's trauma services
3 pursuant to this Act or by an EMS Medical Director or his
4 designee of medical care rendered by System personnel, shall
5 be afforded the same status as is provided information
6 concerning medical studies in Article VIII, Part 21 of the
7 Code of Civil Procedure. Disclosure of such information to
8 the Department pursuant to this Act shall not be considered a
9 violation of Article VIII, Part 21 of the Code of Civil
10 Procedure.
11 (b) Hospitals, trauma centers and individuals that
12 perform or participate in medical audits pursuant to this Act
13 shall be immune from civil liability to the same extent as
14 provided in Section 10.2 of the Hospital Licensing Act.
15 (c) All information relating to the State Emergency
16 Medical Services Disciplinary Review Board or a local review
17 board, except final decisions, shall be afforded the same
18 status as is provided information concerning medical studies
19 in Article VIII, Part 21 of the Code of Civil Procedure.
20 Disclosure of such information to the Department pursuant to
21 this Act shall not ee considered a violation of Article VIII,
22 Part 21 of the Code of Civil Procedure.
23 (Source: P.A. 89-177, eff. 7-19-95.)
24 Section 15. The Illinois Vehicle Code is amended by
25 changing Section 2-123 and adding Section 1-148.5 as follows:
26 (625 ILCS 5/1-148.5 new)
27 Sec. 1-148.5. News media. A newspaper or other
28 periodical issued at regular intervals, a news service, a
29 radio station, a television station, a community antenna
30 television service, or a person or corporation engaged in
31 making news reels or other motion picture news for public
32 showing.
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1 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
2 Sec. 2-123. Sale and distribution of information.
3 (a) Except as otherwise provided in this Section, the
4 Secretary may make the driver's license, vehicle and title
5 registration lists, in part or in whole, and any statistical
6 information derived from these lists available to local
7 governments, elected state officials, state educational
8 institutions, public libraries and all other governmental
9 units of the State and Federal Government requesting them for
10 governmental purposes. The Secretary shall require any such
11 applicant for services to pay for the costs of furnishing
12 such services and the use of the equipment involved, and in
13 addition is empowered to establish prices and charges for the
14 services so furnished and for the use of the electronic
15 equipment utilized.
16 (b) The Secretary is further empowered to and he may, in
17 his discretion, furnish to any applicant, other than listed
18 in subsection (a) of this Section, vehicle or driver data on
19 a computer tape, disk, or printout at a fixed fee of $200 in
20 advance and require in addition a further sufficient deposit
21 based upon the Secretary of State's estimate of the total
22 cost of the information requested and a charge of $20 per
23 1,000 units or part thereof identified or the actual cost,
24 whichever is greater. The Secretary is authorized to refund
25 any difference between the additional deposit and the actual
26 cost of the request. This service shall not be in lieu of an
27 abstract of a driver's record nor of a title or registration
28 search. The information sold pursuant to this subsection
29 shall be the entire vehicle or driver data list, or part
30 thereof.
31 (c) Secretary of State may issue registration lists.
32 The Secretary of State shall compile and publish, at least
33 annually, a list of all registered vehicles. Each list of
34 registered vehicles shall be arranged serially according to
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1 the registration numbers assigned to registered vehicles and
2 shall contain in addition the names and addresses of
3 registered owners and a brief description of each vehicle
4 including the serial or other identifying number thereof.
5 Such compilation may be in such form as in the discretion of
6 the Secretary of State may seem best for the purposes
7 intended.
8 (d) The Secretary of State shall furnish no more than 2
9 current available lists of such registrations to the sheriffs
10 of all counties and to the chiefs of police of all cities and
11 villages and towns of 2,000 population and over in this State
12 at no cost. Additional copies may be purchased at the fee of
13 $400 each or at the cost of producing the list as determined
14 by the Secretary of State.
15 (e) The Secretary of State shall upon written request
16 and the payment of the fee of $400 furnish the current
17 available list of such motor vehicle registrations to any
18 person so long as the supply of available registration lists
19 shall last.
20 (e-1) Commercial purchasers of driver and vehicle record
21 databases shall enter into a written agreement with the
22 Secretary of State that includes disclosure of the commercial
23 use of the intended purchase. Affected drivers, vehicle
24 owners, or registrants may request that their personally
25 identifiable information not be used for commercial
26 solicitation purposes.
27 (f) Title or registration search and certification
28 thereof - Fee. The Secretary of State shall make a title or
29 registration search of the records of his office and a
30 written report on the same for any person, upon written
31 application of such person, accompanied by a fee of $4 for
32 each registration or title search. No fee shall be charged
33 for a title or registration search, or for the certification
34 thereof requested by a government agency.
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1 The Secretary of State shall certify a title or
2 registration record upon written request. The fee for
3 certification shall be $4 in addition to the fee required for
4 a title or registration search. Certification shall be made
5 under the signature of the Secretary of State and shall be
6 authenticated by Seal of the Secretary of State.
7 The Secretary of State may notify the vehicle owner or
8 registrant of the request for purchase of his title or
9 registration information as the Secretary deems appropriate.
10 The vehicle owner or registrant residence address and
11 other personally identifiable information on the record shall
12 not be disclosed. This nondisclosure shall not apply to
13 requests made by law enforcement officials, government
14 agencies, financial institutions, attorneys, insurers,
15 employers, automobile associated businesses, other business
16 entities for purposes consistent with the Illinois Vehicle
17 Code, the vehicle owner or registrant, or other entities as
18 the Secretary may exempt by rule and regulation. This
19 information may be withheld from the entities listed above,
20 except law enforcement and government agencies upon
21 presentation of a valid court order of protection for the
22 duration of the order.
23 No information shall be released to the requestor until
24 expiration of a 10 day period. This 10 day period shall not
25 apply to requests for information made by law enforcement
26 officials, government agencies, financial institutions,
27 attorneys, insurers, employers, automobile associated
28 businesses, persons licensed as a private detective or firms
29 licensed as a private detective agency under the Private
30 Detective, Private Alarm, and Private Security Act of 1983,
31 who are employed by or are acting on behalf of law
32 enforcement officials, government agencies, financial
33 institutions, attorneys, insurers, employers, automobile
34 associated businesses, and other business entities for
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1 purposes consistent with the Illinois Vehicle Code, the
2 vehicle owner or registrant or other entities as the
3 Secretary may exempt by rule and regulation.
4 Any misrepresentation made by a requestor of title or
5 vehicle information shall be punishable as a petty offense,
6 except in the case of persons licensed as a private detective
7 or firms licensed as a private detective agency which shall
8 be subject to disciplinary sanctions under Section 22 or 25
9 of the Private Detective, Private Alarm, and Private Security
10 Act of 1983.
11 (g) 1. The Secretary of State may, upon receipt of a
12 written request and a fee of $5, furnish to the person or
13 agency so requesting a driver's record. Such document
14 may include a record of: current driver's license
15 issuance information, except that the information on
16 judicial driving permits shall be available only as
17 otherwise provided by this Code; convictions; orders
18 entered revoking, suspending or cancelling a driver's
19 license or privilege; and notations of accident
20 involvement. All other information, unless otherwise
21 permitted by this Code, shall remain confidential.
22 2. The Secretary of State may certify an abstract
23 of a driver's record upon written request therefor.
24 Such certification shall be made under the signature of
25 the Secretary of State and shall be authenticated by the
26 Seal of his office.
27 3. All requests for driving record information
28 shall be made in a manner prescribed by the Secretary.
29 The Secretary of State may notify the affected
30 driver of the request for purchase of his driver's record
31 as the Secretary deems appropriate.
32 The affected driver residence address and other
33 personally identifiable information on the record shall
34 not be disclosed. This nondisclosure shall not apply to
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1 requests made by law enforcement officials, government
2 agencies, financial institutions, attorneys, insurers,
3 employers, automobile associated businesses, other
4 business entities for purposes consistent with the
5 Illinois Vehicle Code, the affected driver, or other
6 entities as the Secretary may exempt by rule and
7 regulation. This information may be withheld from the
8 entities listed above, except law enforcement and
9 government agencies, upon presentation of a valid court
10 order of protection for the duration of the order.
11 No information shall be released to the requester
12 until expiration of a 10 day period. This 10 day period
13 shall not apply to requests for information made by law
14 enforcement officials, government agencies, financial
15 institutions, attorneys, insurers, employers, automobile
16 associated businesses, persons licensed as a private
17 detective or firms licensed as a private detective agency
18 under the Private Detective, Private Alarm, and Private
19 Security Act of 1983, who are employed by or are acting
20 on behalf of law enforcement officials, government
21 agencies, financial institutions, attorneys, insurers,
22 employers, automobile associated businesses, and other
23 business entities for purposes consistent with the
24 Illinois Vehicle Code, the affected driver or other
25 entities as the Secretary may exempt by rule and
26 regulation.
27 Any misrepresentation made by a requestor of driver
28 information shall be punishable as a petty offense,
29 except in the case of persons licensed as a private
30 detective or firms licensed as a private detective agency
31 which shall be subject to disciplinary sanctions under
32 Section 22 or 25 of the Private Detective, Private Alarm,
33 and Private Security Act of 1983.
34 4. The Secretary of State may furnish without fee,
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1 upon the written request of a law enforcement agency, any
2 information from a driver's record on file with the
3 Secretary of State when such information is required in
4 the enforcement of this Code or any other law relating to
5 the operation of motor vehicles, including records of
6 dispositions; documented information involving the use of
7 a motor vehicle; whether such individual has, or
8 previously had, a driver's license; and the address and
9 personal description as reflected on said driver's
10 record.
11 5. Except as otherwise provided in this Section,
12 the Secretary of State may furnish, without fee,
13 information from an individual driver's record on file,
14 if a written request therefor is submitted by any public
15 transit system or authority, public defender, law
16 enforcement agency, a state or federal agency, or an
17 Illinois local intergovernmental association, if the
18 request is for the purpose of a background check of
19 applicants for employment with the requesting agency, or
20 for the purpose of an official investigation conducted by
21 the agency, or to determine a current address for the
22 driver so public funds can be recovered or paid to the
23 driver, or for any other lawful purpose.
24 The Secretary may also furnish the courts a copy of
25 an abstract of a driver's record, without fee, subsequent
26 to an arrest for a violation of Section 11-501 or a
27 similar provision of a local ordinance. Such abstract
28 may include records of dispositions; documented
29 information involving the use of a motor vehicle as
30 contained in the current file; whether such individual
31 has, or previously had, a driver's license; and the
32 address and personal description as reflected on said
33 driver's record.
34 6. Any abstract issued by the Secretary of State
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1 pursuant to this Section, to a court or on request of a
2 law enforcement agency, for the record of a named person
3 as to the status of the person's driver's license shall
4 be prima facie evidence of the facts therein stated and
5 if the name appearing in such abstract is the same as
6 that of a person named in an information or warrant, such
7 abstract shall be prima facie evidence that the person
8 named in such information or warrant is the same person
9 as the person named in such abstract.
10 7. Subject to any restrictions contained in the
11 Juvenile Court Act of 1987, and upon receipt of a proper
12 request and a fee of $5, the Secretary of State shall
13 provide a driver's record to the affected driver, or the
14 affected driver's attorney, upon verification. Such
15 record shall contain all the information referred to in
16 paragraph 1 of this subsection (g) plus: any recorded
17 accident involvement as a driver; information recorded
18 pursuant to subsection (e) of Section 6-117 and paragraph
19 4 of subsection (a) of Section 6-204 of this Code. All
20 other information, unless otherwise permitted by this
21 Code, shall remain confidential.
22 (h) The Secretary shall not disclose social security
23 numbers except pursuant to a written request by, or with the
24 prior written consent of, the individual except to: (1)
25 officers and employees of the Secretary who have a need to
26 know the social security numbers in performance of their
27 official duties, (2) law enforcement officials for a lawful,
28 civil or criminal law enforcement investigation, and if the
29 head of the law enforcement agency has made a written request
30 to the Secretary specifying the law enforcement investigation
31 for which the social security numbers are being sought, (3)
32 the United States Department of Transportation, or any other
33 State, pursuant to the administration and enforcement of the
34 Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
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1 the order of a court of competent jurisdiction, or (5) the
2 Department of Public Aid for utilization in the child support
3 enforcement duties assigned to that Department under
4 provisions of the Public Aid Code after the individual has
5 received advanced meaningful notification of what
6 redisclosure is sought by the Secretary in accordance with
7 the federal Privacy Act; provided, the redisclosure shall not
8 be authorized by the Secretary prior to September 30, 1992.
9 (i) The Secretary of State is empowered to promulgate
10 rules and regulations to effectuate this Section.
11 (j) Medical statements or medical reports received in
12 the Secretary of State's Office shall be confidential. No
13 confidential information may be open to public inspection or
14 the contents disclosed to anyone, except officers and
15 employees of the Secretary who have a need to know the
16 information contained in the medical reports and the Driver
17 License Medical Advisory Board, unless so directed by an
18 order of a court of competent jurisdiction.
19 (k) All fees collected under this Section shall be paid
20 into the Road Fund of the State Treasury, except that $3 of
21 the $5 fee for a driver's record shall be paid into the
22 Secretary of State Special Services Fund.
23 (l) The Secretary of State shall report his
24 recommendations to the General Assembly by January 1, 1993,
25 regarding the sale and dissemination of the information
26 maintained by the Secretary, including the sale of lists of
27 driver and vehicle records.
28 (m) Requests made by the news media for driver's
29 license, vehicle, or title registration information may be
30 furnished without charge or at a reduced charge, as
31 determined by the Secretary, when the specific purpose for
32 requesting the documents is deemed to be in the public
33 interest. Waiver or reduction of the fee is in the public
34 interest if the principal purpose of the request is to access
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1 and disseminate information regarding the health, safety, and
2 welfare or the legal rights of the general public and is not
3 for the principal purpose of gaining a personal or commercial
4 benefit.
5 (Source: P.A. 88-208; 88-363; 88-670, eff. 12-2-94; 89-503,
6 eff. 7-1-96.)
7 Section 20. The Clinical Psychologist Licensing Act is
8 amended by adding Section 12.5 as follows:
9 (225 ILCS 15/12.5 new)
10 Sec. 12.5. Social Security Number on license
11 application. In addition to any other information required
12 to be contained in the application, every application for an
13 original, renewal, or restored license under this Act shall
14 include the applicant's Social Security Number.
15 Section 21. The Clinical Social Work and Social Work
16 Practice Act is amended by adding Section 7.5 as follows:
17 (225 ILCS 20/7.5 new)
18 Sec. 7.5. Social Security Number on license application.
19 In addition to any other information required to be
20 contained in the application, every application for an
21 original, renewal, or restored license under this Act shall
22 include the applicant's Social Security Number.
23 Section 22. The Illinois Dental Practice Act is amended
24 by adding Section 8.05 as follows:
25 (225 ILCS 25/8.05 new)
26 Sec. 8.05. Social Security Number on license application.
27 In addition to any other information required to be
28 contained in the application, every application for an
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1 original, renewal, or restored license under this Act shall
2 include the applicant's Social Security Number.
3 Section 23. The Dietetic and Nutrition Services Practice
4 Act is amended by adding Section 37 as follows:
5 (225 ILCS 30/37 new)
6 Sec. 37. Social Security Number on license application.
7 In addition to any other information required to be
8 contained in the application, every application for an
9 original, renewal, or restored license under this Act shall
10 include the applicant's Social Security Number.
11 Section 24. The Funeral Directors and Embalmers
12 Licensing Code is amended by adding Section 10-22 as
13 follows:
14 (225 ILCS 41/10-22 new)
15 Sec. 10-22. Social Security Number on license
16 application. In addition to any other information required
17 to be contained in the application, every application for an
18 original, renewal, reinstated, or restored license under
19 this Code shall include the applicant's Social Security
20 Number.
21 Section 25. The Marriage and Family Therapy Licensing
22 Act is amended by adding Section 32 as follows:
23 (225 ILCS 55/32 new)
24 Sec. 32. Social Security Number on license application.
25 In addition to any other information required to be
26 contained in the application, every application for an
27 original, renewal, or restored license under this Act shall
28 include the applicant's Social Security Number.
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1 Section 26. The Medical Practice Act of 1987 is amended
2 by adding Section 9.5 as follows:
3 (225 ILCS 60/9.5 new)
4 Sec. 9.5. Social Security Number on license application.
5 In addition to any other information required to be
6 contained in the application, every application for an
7 original, renewal, or restored license under this Act shall
8 include the applicant's Social Security Number.
9 Section 27. The Naprapathic Practice Act is amended by
10 adding Section 57 as follows:
11 (225 ILCS 63/57 new)
12 Sec. 57. Social Security Number on license application.
13 In addition to any other information required to be
14 contained in the application, every application for an
15 original, renewal, reinstated, or restored license under this
16 Act shall include the applicant's Social Security Number.
17 Section 28. The Illinois Nursing Act of 1987 is amended
18 by adding Section 4.2 as follows:
19 (225 ILCS 65/4.2 new)
20 Sec. 4.2. Social Security Number on license application.
21 In addition to any other information required to be
22 contained in the application, every application for an
23 original, renewal, or restored license under this Act shall
24 include the applicant's Social Security Number.
25 Section 29. The Nursing Home Administrators Licensing
26 and Disciplinary Act is amended by adding Section 6.5 as
27 follows:
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1 (225 ILCS 70/6.5 new)
2 Sec. 6.5. Social Security Number on license application.
3 In addition to any other information required to be
4 contained in the application, every application for an
5 original, renewal, or restored license under this Act shall
6 include the applicant's Social Security Number.
7 Section 30. The Illinois Occupational Therapy Practice
8 Act is amended by adding Section 6.5 as follows:
9 (225 ILCS 75/6.5 new)
10 Sec. 6.5. Social Security Number on license application.
11 In addition to any other information required to be
12 contained in the application, every application for an
13 original, renewal, or restored license under this Act shall
14 include the applicant's Social Security Number.
15 Section 31. The Illinois Optometric Practice Act of 1987
16 is amended by adding Section 12.5 as follows:
17 (225 ILCS 80/12.5 new)
18 Sec. 12.5. Social Security Number on license application.
19 In addition to any other information required to be
20 contained in the application, every application for an
21 original, renewal, reinstated, or restored license under this
22 Act shall include the applicant's Social Security Number.
23 Section 32. The Pharmacy Practice Act of 1987 is amended
24 by adding Section 7.5 as follows:
25 (225 ILCS 85/7.5 new)
26 Sec. 7.5. Social Security Number on license application.
27 In addition to any other information required to be
28 contained in the application, every application for an
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1 original, renewal, or restored license under this Act shall
2 include the applicant's Social Security Number.
3 Section 33. The Illinois Physical Therapy Act is amended
4 by adding Section 8.5 as follows:
5 (225 ILCS 90/8.5 new)
6 Sec. 8.5. Social Security Number on license application.
7 In addition to any other information required to be
8 contained in the application, every application for an
9 original, renewal, or restored license under this Act shall
10 include the applicant's Social Security Number.
11 Section 34. The Physician Assistant Practice Act of 1987
12 is amended by adding Section 9.5 as follows:
13 (225 ILCS 95/9.5 new)
14 Sec. 9.5. Social Security Number on license application.
15 In addition to any other information required to be
16 contained in the application, every application for an
17 original, renewal, or restored license under this Act shall
18 include the applicant's Social Security Number.
19 Section 35. The Podiatric Medical Practice Act of 1987
20 is amended by adding Section 8.5 as follows:
21 (225 ILCS 100/8.5 new)
22 Sec. 8.5. Social Security Number on license application.
23 In addition to any other information required to be
24 contained in the application, every application for an
25 original, renewal, or restored license under this Act shall
26 include the applicant's Social Security Number.
27 Section 36. The Respiratory Care Practice Act is amended
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1 by adding Section 42 as follows:
2 (225 ILCS 106/42 new)
3 Sec. 42. Social Security Number on license application.
4 In addition to any other information required to be
5 contained in the application, every application for an
6 original, renewal, or restored license under this Act shall
7 include the applicant's Social Security Number.
8 Section 37. The Professional Counselor and Clinical
9 Professional Counselor Licensing Act is amended by adding
10 Section 37 as follows:
11 (225 ILCS 107/37 new)
12 Sec. 37. Social Security Number on license application.
13 In addition to any other information required to be
14 contained in the application, every application for an
15 original, renewal, or restored license under this Act shall
16 include the applicant's Social Security Number.
17 Section 38. The Illinois Speech-Language Pathology and
18 Audiology Practice Act is amended by adding Section 7.2 as
19 follows:
20 (225 ILCS 110/7.2 new)
21 Sec. 7.2. Social Security Number on license application.
22 In addition to any other information required to be
23 contained in the application, every application for an
24 original, renewal, or restored license under this Act shall
25 include the applicant's Social Security Number.
26 Section 39. The Veterinary Medicine and Surgery Practice
27 Act of 1994 is amended by adding Section 10.5 as follows:
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1 (225 ILCS 115/10.5 new)
2 Sec. 10.5. Social Security Number on license application.
3 In addition to any other information required to be
4 contained in the application, every application for an
5 original, renewal, or restored license under this Act shall
6 include the applicant's Social Security Number.
7 Section 40. The Wholesale Drug Distribution Licensing
8 Act is amended by adding Section 27 as follows:
9 (225 ILCS 120/27 new)
10 Sec. 27. Social Security Number on license application.
11 In addition to any other information required to be
12 contained in the application, every application for an
13 original, renewal, or restored license under this Act shall
14 include the applicant's Social Security Number.
15 Section 41. The Illinois Architecture Practice Act of
16 1989 is amended by adding Section 11.5 as follows:
17 (225 ILCS 305/11.5 new)
18 Sec. 11.5. Social Security Number on license application.
19 In addition to any other information required to be
20 contained in the application, every application for an
21 original, renewal, or restored license under this Act shall
22 include the applicant's Social Security Number.
23 Section 42. The Professional Engineering Practice Act of
24 1989 is amended by adding Section 8.5 as follows:
25 (225 ILCS 325/8.5 new)
26 Sec. 8.5. Social Security Number on license application.
27 In addition to any other information required to be
28 contained in the application, every application for an
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1 original, renewal, or restored license under this Act shall
2 include the applicant's Social Security Number.
3 Section 43. The Illinois Professional Land Surveyor Act
4 is amended by adding Section 10.5 as follows:
5 (225 ILCS 330/10.5 new)
6 Sec. 10.5. Social Security Number on license application.
7 In addition to any other information required to be
8 contained in the application, every application for an
9 original, renewal, or restored license under this Act shall
10 include the applicant's Social Security Number.
11 Section 44. The Structural Engineering Licensing Act of
12 1989 is amended by adding Section 9.5 as follows:
13 (225 ILCS 340/9.5 new)
14 Sec. 9.5. Social Security Number on license application.
15 In addition to any other information required to be
16 contained in the application, every application for an
17 original, renewal, or restored license under this Act shall
18 include the applicant's Social Security Number.
19 Section 45. The Detection of Deception Examiners Act is
20 amended by adding Section 8.5 as follows:
21 (225 ILCS 430/8.5 new)
22 Sec. 8.5. Social Security Number on license application.
23 In addition to any other information required to be
24 contained in the application, every application for an
25 original, renewal, reinstated, or restored license under this
26 Act shall include the applicant's Social Security Number.
27 Section 46. The Private Detective, Private Alarm,
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1 Private Security, and Locksmith Act of 1993 is amended by
2 adding Section 92 as follows:
3 (225 ILCS 446/92 new)
4 Sec. 92. Social Security Number on license application.
5 In addition to any other information required to be
6 contained in the application, every application for an
7 original, renewal, or restored license under this Act shall
8 include the applicant's Social Security Number.
9 Section 47. The Illinois Public Accounting Act is
10 amended by adding Section 13.5 as follows:
11 (225 ILCS 450/13.5 new)
12 Sec. 13.5. Social Security Number on license application.
13 In addition to any other information required to be
14 contained in the application, every application for an
15 original, renewal, or restored license under this Act shall
16 include the applicant's Social Security Number.
17 Section 48. The Real Estate License Act of 1983 is
18 amended by adding Section 11.5 as follows:
19 (225 ILCS 455/11.5 new)
20 Sec. 11.5. Social Security Number on license application.
21 In addition to any other information required to be
22 contained in the application, every application for an
23 original or renewal license under this Act shall include the
24 applicant's Social Security Number.
25 Section 49. The Vital Records Act is amended by changing
26 Section 25 as follows:
27 (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
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1 Sec. 25. In accordance with Section 24 of this Act, and
2 the regulations adopted pursuant thereto:
3 (1) The State Registrar of Vital Records shall search
4 the files of birth, death, and fetal death records, upon
5 receipt of a written request and a fee of $10 from any
6 applicant entitled to such search. A search fee shall not be
7 required for commemorative birth certificates issued by the
8 State Registrar. If, upon search, the record requested is
9 found, the State Registrar shall furnish the applicant one
10 certification of such record, under the seal of such office.
11 If the request is for a certified copy of the record an
12 additional fee of $5 shall be required. A further fee of $2
13 shall be required for each additional certification or
14 certified copy requested. If the requested record is not
15 found, the State Registrar shall furnish the applicant a
16 certification attesting to that fact, if so requested by the
17 applicant. A further fee of $2 shall be required for each
18 additional certification that no record has been found.
19 Any local registrar or county clerk shall search the
20 files of birth, death and fetal death records, upon receipt
21 of a written request from any applicant entitled to such
22 search. If upon search the record requested is found, such
23 local registrar or county clerk shall furnish the applicant
24 one certification or certified copy of such record, under the
25 seal of such office. If the requested record is not found,
26 the local registrar or county clerk shall furnish the
27 applicant a certification attesting to that fact, if so
28 requested by the applicant. The local registrar or county
29 clerk may charge fees for providing services for which the
30 State Registrar may charge fees under this Section, except
31 that such fees may not exceed the fees charged by the State
32 Registrar.
33 A request to any custodian of vital records for a search
34 of the death record indexes for genealogical research shall
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1 require a fee of $10 per name for a 5 year search. An
2 additional fee of $1 for each additional year searched shall
3 be required. If the requested record is found, one
4 uncertified copy shall be issued without additional charge.
5 Any fee received by the State Registrar pursuant to this
6 Section which is of an insufficient amount may be returned by
7 the State Registrar upon his recording the receipt of such
8 fee and the reason for its return. The State Registrar is
9 authorized to maintain a 2 signature, revolving checking
10 account with a suitable commercial bank for the purpose of
11 depositing and withdrawing-for-return cash received and
12 determined insufficient for the service requested.
13 (2) The certification of birth may contain only the
14 name, sex, date of birth, and place of birth, of the person
15 to whom it relates, the name, age and birthplace of the
16 parents, and the file number; and none of the other data on
17 the certificate of birth except as authorized under
18 subsection (5) of this Section.
19 (3) The certification of death shall contain only the
20 name, Social Security Number, sex, date of death, and place
21 of death of the person to whom it relates, and file number;
22 and none of the other data on the certificate of death except
23 as authorized under subsection (5) of this Section.
24 (4) Certification or a certified copy of a certificate
25 shall be issued:
26 (a) Upon the order of a court of competent
27 jurisdiction; or
28 (b) In case of a birth certificate, upon the
29 specific written request for a certification or certified
30 copy by the person, if of legal age, by a parent or other
31 legal representative of the person to whom the record of
32 birth relates, or by a person having a genealogical
33 interest; or
34 (c) Upon the specific written request for a
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1 certification or certified copy by a department of the
2 state or a municipal corporation or the federal
3 government; or
4 (d) In case of a death or fetal death certificate,
5 upon specific written request for a certified copy by a
6 person, or his duly authorized agent, having a
7 genealogical, personal or property right interest in the
8 record.
9 A genealogical interest shall be a proper purpose with
10 respect to births which occurred not less than 75 years and
11 deaths which occurred not less than 20 years prior to the
12 date of written request. Where the purpose of the request is
13 a genealogical interest, the custodian shall stamp the
14 certification or copy with the words, FOR GENEALOGICAL
15 PURPOSES ONLY.
16 (5) Any certification or certified copy issued pursuant
17 to this Section shall show the date of registration; and
18 copies issued from records marked "delayed," "amended," or
19 "court order" shall be similarly marked and show the
20 effective date.
21 (6) Any certification or certified copy of a certificate
22 issued in accordance with this Section shall be considered as
23 prima facie evidence of the facts therein stated, provided
24 that the evidentiary value of a certificate or record filed
25 more than one year after the event, or a record which has
26 been amended, shall be determined by the judicial or
27 administrative body or official before whom the certificate
28 is offered as evidence.
29 (7) Any certification or certified copy issued pursuant
30 to this Section shall be issued without charge when the
31 record is required by the United States Veterans
32 Administration or by any accredited veterans organization to
33 be used in determining the eligibility of any person to
34 participate in benefits available from such organization.
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1 Requests for such copies must be in accordance with Sections
2 1 and 2 of "An Act to provide for the furnishing of copies of
3 public documents to interested parties," approved May 17,
4 1935, as now or hereafter amended.
5 (8) The National Vital Statistics Division, or any
6 agency which may be substituted therefor, may be furnished
7 such copies or data as it may require for national
8 statistics; provided that the State shall be reimbursed for
9 the cost of furnishing such data; and provided further that
10 such data shall not be used for other than statistical
11 purposes by the National Vital Statistics Division, or any
12 agency which may be substituted therefor, unless so
13 authorized by the State Registrar of Vital Records.
14 (9) Federal, State, local, and other public or private
15 agencies may, upon request, be furnished copies or data for
16 statistical purposes upon such terms or conditions as may be
17 prescribed by the Department.
18 (10) The State Registrar of Vital Records, at his
19 discretion and in the interest of promoting registration of
20 births, may issue, without fee, to the parents or guardian of
21 any or every child whose birth has been registered in
22 accordance with the provisions of this Act, a special notice
23 of registration of birth.
24 (11) No person shall prepare or issue any certificate
25 which purports to be an original, certified copy, or
26 certification of a certificate of birth, death, or fetal
27 death, except as authorized in this Act or regulations
28 adopted hereunder.
29 (12) A computer print-out of any record of birth, death
30 or fetal record that may be certified under this Section may
31 be used in place of such certification and such computer
32 print-out shall have the same legal force and effect as a
33 certified copy of the document.
34 (13) The State Registrar may verify from the information
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1 contained in the index maintained by the State Registrar the
2 authenticity of information on births, deaths, marriages and
3 dissolution of marriages provided to a federal agency or a
4 public agency of another state by a person seeking benefits
5 or employment from the agency, provided the agency pays a fee
6 of $10.
7 (14) The State Registrar may issue commemorative birth
8 certificates to persons eligible to receive birth
9 certificates under this Section upon the payment of a fee to
10 be determined by the State Registrar.
11 (Source: P.A. 87-1058.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.