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91_HB0069eng HB0069 Engrossed LRB9100531DHpk 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 2-123. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Section 2-123 as follows: 7 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) 8 Sec. 2-123. Sale and Distribution of Information. 9 (a) Except as otherwise provided in this Section, the 10 Secretary may make the driver's license, vehicle and title 11 registration lists, in part or in whole, and any statistical 12 information derived from these lists available to local 13 governments, elected state officials, state educational 14 institutions, public libraries and all other governmental 15 units of the State and Federal Government requesting them for 16 governmental purposes. The Secretary shall require any such 17 applicant for services to pay for the costs of furnishing 18 such services and the use of the equipment involved, and in 19 addition is empowered to establish prices and charges for the 20 services so furnished and for the use of the electronic 21 equipment utilized. 22 (b) The Secretary is further empowered to and he may, in 23 his discretion, furnish to any applicant, other than listed 24 in subsection (a) of this Section, vehicle or driver data on 25 a computer tape, disk, or printout at a fixed fee of $200 in 26 advance and require in addition a further sufficient deposit 27 based upon the Secretary of State's estimate of the total 28 cost of the information requested and a charge of $20 per 29 1,000 units or part thereof identified or the actual cost, 30 whichever is greater. The Secretary is authorized to refund 31 any difference between the additional deposit and the actual HB0069 Engrossed -2- LRB9100531DHpk 1 cost of the request. This service shall not be in lieu of an 2 abstract of a driver's record nor of a title or registration 3 search. The information sold pursuant to this subsection 4 shall be the entire vehicle or driver data list, or part 5 thereof. 6 (c) Secretary of State may issue registration lists. 7 The Secretary of State shall compile and publish, at least 8 annually, a list of all registered vehicles. Each list of 9 registered vehicles shall be arranged serially according to 10 the registration numbers assigned to registered vehicles and 11 shall contain in addition the names and addresses of 12 registered owners and a brief description of each vehicle 13 including the serial or other identifying number thereof. 14 Such compilation may be in such form as in the discretion of 15 the Secretary of State may seem best for the purposes 16 intended. 17 (d) The Secretary of State shall furnish no more than 2 18 current available lists of such registrations to the sheriffs 19 of all counties and to the chiefs of police of all cities and 20 villages and towns of 2,000 population and over in this State 21 at no cost. Additional copies may be purchased at the fee of 22 $400 each or at the cost of producing the list as determined 23 by the Secretary of State. 24 (e) The Secretary of State shall upon written request 25 and the payment of the fee of $400 furnish the current 26 available list of such motor vehicle registrations to any 27 person so long as the supply of available registration lists 28 shall last. 29 (e-1) Commercial purchasers of driver and vehicle record 30 databases shall enter into a written agreement with the 31 Secretary of State that includes disclosure of the commercial 32 use of the intended purchase. Affected drivers, vehicle 33 owners, or registrants may request that their personally 34 identifiable information not be used for commercial HB0069 Engrossed -3- LRB9100531DHpk 1 solicitation purposes. 2 (e-2) The Secretary of State may not knowingly disclose 3 or otherwise make available to any person or entity for 4 commercial solicitation purposes a photograph or digitally 5 produced and captured image of any individual obtained by the 6 Secretary of State's office in connection with a motor 7 vehicle record. "Commercial solicitation purposes" means the 8 use of a State database to contact individuals to advertise, 9 offer for sale, market, or sell products or services or to 10 identify potential employees. 11 (f)Title or registration search and certification12thereof - Fee.The Secretary of State shall make a title or 13 registration search of the records of his office and a 14 written report on the same for any person, upon written 15 application of such person, accompanied by a fee of $4 for 16 each registration or title search. No fee shall be charged 17 for a title or registration search, or for the certification 18 thereof requested by a government agency. 19 The Secretary of State shall certify a title or 20 registration record upon written request. The fee for 21 certification shall be $4 in addition to the fee required for 22 a title or registration search. Certification shall be made 23 under the signature of the Secretary of State and shall be 24 authenticated by Seal of the Secretary of State. 25 The Secretary of State may notify the vehicle owner or 26 registrant of the request for purchase of his title or 27 registration information as the Secretary deems appropriate. 28 The vehicle owner or registrant residence address and 29 other personally identifiable information on the record shall 30 not be disclosed. This nondisclosure shall not apply to 31 requests made by law enforcement officials, government 32 agencies, financial institutions, attorneys, insurers, 33 employers, automobile associated businesses, other business 34 entities for purposes consistent with the Illinois Vehicle HB0069 Engrossed -4- LRB9100531DHpk 1 Code, the vehicle owner or registrant, or other entities as 2 the Secretary may exempt by rule and regulation. This 3 information may be withheld from the entities listed above, 4 except law enforcement and government agencies upon 5 presentation of a valid court order of protection for the 6 duration of the order. 7 No information shall be released to the requestor until 8 expiration of a 10 day period. This 10 day period shall not 9 apply to requests for information made by law enforcement 10 officials, government agencies, financial institutions, 11 attorneys, insurers, employers, automobile associated 12 businesses, persons licensed as a private detective or firms 13 licensed as a private detective agency under the Private 14 Detective, Private Alarm, and Private Security Act of 1983, 15 who are employed by or are acting on behalf of law 16 enforcement officials, government agencies, financial 17 institutions, attorneys, insurers, employers, automobile 18 associated businesses, and other business entities for 19 purposes consistent with the Illinois Vehicle Code, the 20 vehicle owner or registrant or other entities as the 21 Secretary may exempt by rule and regulation. 22 Any misrepresentation made by a requestor of title or 23 vehicle information shall be punishable as a petty offense, 24 except in the case of persons licensed as a private detective 25 or firms licensed as a private detective agency which shall 26 be subject to disciplinary sanctions under Section 22 or 25 27 of the Private Detective, Private Alarm, and Private Security 28 Act of 1983. 29 (g) 1. The Secretary of State may, upon receipt of a 30 written request and a fee of $5, furnish to the person or 31 agency so requesting a driver's record. Such document 32 may include a record of: current driver's license 33 issuance information, except that the information on 34 judicial driving permits shall be available only as HB0069 Engrossed -5- LRB9100531DHpk 1 otherwise provided by this Code; convictions; orders 2 entered revoking, suspending or cancelling a driver's 3 license or privilege; and notations of accident 4 involvement. All other information, unless otherwise 5 permitted by this Code, shall remain confidential. 6 2. The Secretary of State may certify an abstract 7 of a driver's record upon written request therefor. 8 Such certification shall be made under the signature of 9 the Secretary of State and shall be authenticated by the 10 Seal of his office. 11 3. All requests for driving record information 12 shall be made in a manner prescribed by the Secretary. 13 The Secretary of State may notify the affected 14 driver of the request for purchase of his driver's record 15 as the Secretary deems appropriate. 16 The affected driver residence address and other 17 personally identifiable information on the record shall 18 not be disclosed. This nondisclosure shall not apply to 19 requests made by law enforcement officials, government 20 agencies, financial institutions, attorneys, insurers, 21 employers, automobile associated businesses, other 22 business entities for purposes consistent with the 23 Illinois Vehicle Code, the affected driver, or other 24 entities as the Secretary may exempt by rule and 25 regulation. This information may be withheld from the 26 entities listed above, except law enforcement and 27 government agencies, upon presentation of a valid court 28 order of protection for the duration of the order. 29 No information shall be released to the requester 30 until expiration of a 10 day period. This 10 day period 31 shall not apply to requests for information made by law 32 enforcement officials, government agencies, financial 33 institutions, attorneys, insurers, employers, automobile 34 associated businesses, persons licensed as a private HB0069 Engrossed -6- LRB9100531DHpk 1 detective or firms licensed as a private detective agency 2 under the Private Detective, Private Alarm, and Private 3 Security Act of 1983, who are employed by or are acting 4 on behalf of law enforcement officials, government 5 agencies, financial institutions, attorneys, insurers, 6 employers, automobile associated businesses, and other 7 business entities for purposes consistent with the 8 Illinois Vehicle Code, the affected driver or other 9 entities as the Secretary may exempt by rule and 10 regulation. 11 Any misrepresentation made by a requestor of driver 12 information shall be punishable as a petty offense, 13 except in the case of persons licensed as a private 14 detective or firms licensed as a private detective agency 15 which shall be subject to disciplinary sanctions under 16 Section 22 or 25 of the Private Detective, Private Alarm, 17 and Private Security Act of 1983. 18 4. The Secretary of State may furnish without fee, 19 upon the written request of a law enforcement agency, any 20 information from a driver's record on file with the 21 Secretary of State when such information is required in 22 the enforcement of this Code or any other law relating to 23 the operation of motor vehicles, including records of 24 dispositions; documented information involving the use of 25 a motor vehicle; whether such individual has, or 26 previously had, a driver's license; and the address and 27 personal description as reflected on said driver's 28 record. 29 5. Except as otherwise provided in this Section, 30 the Secretary of State may furnish, without fee, 31 information from an individual driver's record on file, 32 if a written request therefor is submitted by any public 33 transit system or authority, public defender, law 34 enforcement agency, a state or federal agency, or an HB0069 Engrossed -7- LRB9100531DHpk 1 Illinois local intergovernmental association, if the 2 request is for the purpose of a background check of 3 applicants for employment with the requesting agency, or 4 for the purpose of an official investigation conducted by 5 the agency, or to determine a current address for the 6 driver so public funds can be recovered or paid to the 7 driver, or for any other lawful purpose. 8 The Secretary may also furnish the courts a copy of 9 an abstract of a driver's record, without fee, subsequent 10 to an arrest for a violation of Section 11-501 or a 11 similar provision of a local ordinance. Such abstract 12 may include records of dispositions; documented 13 information involving the use of a motor vehicle as 14 contained in the current file; whether such individual 15 has, or previously had, a driver's license; and the 16 address and personal description as reflected on said 17 driver's record. 18 6. Any certified abstract issued by the Secretary 19 of State or transmitted electronically by the Secretary 20 of State pursuant to this Section, to a court or on 21 request of a law enforcement agency, for the record of a 22 named person as to the status of the person's driver's 23 license shall be prima facie evidence of the facts 24 therein stated and if the name appearing in such abstract 25 is the same as that of a person named in an information 26 or warrant, such abstract shall be prima facie evidence 27 that the person named in such information or warrant is 28 the same person as the person named in such abstract and 29 shall be admissible for any prosecution under this Code 30 and be admitted as proof of any prior conviction or proof 31 of records, notices, or orders recorded on individual 32 driving records maintained by the Secretary of State. 33 7. Subject to any restrictions contained in the 34 Juvenile Court Act of 1987, and upon receipt of a proper HB0069 Engrossed -8- LRB9100531DHpk 1 request and a fee of $5, the Secretary of State shall 2 provide a driver's record to the affected driver, or the 3 affected driver's attorney, upon verification. Such 4 record shall contain all the information referred to in 5 paragraph 1 of this subsection (g) plus: any recorded 6 accident involvement as a driver; information recorded 7 pursuant to subsection (e) of Section 6-117 and paragraph 8 4 of subsection (a) of Section 6-204 of this Code. All 9 other information, unless otherwise permitted by this 10 Code, shall remain confidential. 11 (h) The Secretary shall not disclose social security 12 numbers except pursuant to a written request by, or with the 13 prior written consent of, the individual exceptto: (1) to 14 officers and employees of the Secretary who have a need to 15 know the social security numbers in performance of their 16 official duties, (2) to law enforcement officials for a 17 lawful, civil or criminal law enforcement investigation, and 18 if the head of the law enforcement agency has made a written 19 request to the Secretary specifying the law enforcement 20 investigation for which the social security numbers are being 21 sought, (3) to the United States Department of 22 Transportation, or any other State, pursuant to the 23 administration and enforcement of the Commercial Motor 24 Vehicle Safety Act of 1986, (4) pursuant to the order of a 25 court of competent jurisdiction, or (5) to the Department of 26 Public Aid for utilization in the child support enforcement 27 duties assigned to that Department under provisions of the 28 Public Aid Code after the individual has received advanced 29 meaningful notification of what redisclosure is sought by the 30 Secretary in accordance with the federal Privacy Act; 31 provided, the redisclosure shall not be authorized by the 32 Secretary prior to September 30, 1992. 33 (i) The Secretary of State is empowered to promulgate 34 rules and regulations to effectuate this Section. HB0069 Engrossed -9- LRB9100531DHpk 1 (j) Medical statements or medical reports received in 2 the Secretary of State's Office shall be confidential. No 3 confidential information may be open to public inspection or 4 the contents disclosed to anyone, except officers and 5 employees of the Secretary who have a need to know the 6 information contained in the medical reports and the Driver 7 License Medical Advisory Board, unless so directed by an 8 order of a court of competent jurisdiction. 9 (k) All fees collected under this Section shall be paid 10 into the Road Fund of the State Treasury, except that $3 of 11 the $5 fee for a driver's record shall be paid into the 12 Secretary of State Special Services Fund. 13 (l) The Secretary of State shall report his 14 recommendations to the General Assembly by January 1, 1993, 15 regarding the sale and dissemination of the information 16 maintained by the Secretary, including the sale of lists of 17 driver and vehicle records. 18 (m) Notations of accident involvement that may be 19 disclosed under this Section shall not include notations 20 relating to damage to a vehicle or other property being 21 transported by a tow truck. This information shall remain 22 confidential, provided that nothing in this subsection (m) 23 shall limit disclosure of any notification of accident 24 involvement to any law enforcement agency or official. 25 (n) Requests made by the news media for driver's 26 license, vehicle, or title registration information may be 27 furnished without charge or at a reduced charge, as 28 determined by the Secretary, when the specific purpose for 29 requesting the documents is deemed to be in the public 30 interest. Waiver or reduction of the fee is in the public 31 interest if the principal purpose of the request is to access 32 and disseminate information regarding the health, safety, and 33 welfare or the legal rights of the general public and is not 34 for the principal purpose of gaining a personal or commercial HB0069 Engrossed -10- LRB9100531DHpk 1 benefit. 2 (Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97; 3 90-330, eff. 8-8-97; 90-400, eff. 8-15-97; 90-655, eff. 4 7-30-98; revised 1-30-99.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.