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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
91_HB0069ham003
LRB9100531DHpcam
1 AMENDMENT TO HOUSE BILL 69
2 AMENDMENT NO. . Amend House Bill 69, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Section 2-123."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Section 2-123 as follows:
10 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
11 Sec. 2-123. Sale and Distribution of Information.
12 (a) Except as otherwise provided in this Section, the
13 Secretary may make the driver's license, vehicle and title
14 registration lists, in part or in whole, and any statistical
15 information derived from these lists available to local
16 governments, elected state officials, state educational
17 institutions, public libraries and all other governmental
18 units of the State and Federal Government requesting them for
19 governmental purposes. The Secretary shall require any such
20 applicant for services to pay for the costs of furnishing
21 such services and the use of the equipment involved, and in
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1 addition is empowered to establish prices and charges for the
2 services so furnished and for the use of the electronic
3 equipment utilized.
4 (b) The Secretary is further empowered to and he may, in
5 his discretion, furnish to any applicant, other than listed
6 in subsection (a) of this Section, vehicle or driver data on
7 a computer tape, disk, or printout at a fixed fee of $200 in
8 advance and require in addition a further sufficient deposit
9 based upon the Secretary of State's estimate of the total
10 cost of the information requested and a charge of $20 per
11 1,000 units or part thereof identified or the actual cost,
12 whichever is greater. The Secretary is authorized to refund
13 any difference between the additional deposit and the actual
14 cost of the request. This service shall not be in lieu of an
15 abstract of a driver's record nor of a title or registration
16 search. The information sold pursuant to this subsection
17 shall be the entire vehicle or driver data list, or part
18 thereof.
19 (c) Secretary of State may issue registration lists.
20 The Secretary of State shall compile and publish, at least
21 annually, a list of all registered vehicles. Each list of
22 registered vehicles shall be arranged serially according to
23 the registration numbers assigned to registered vehicles and
24 shall contain in addition the names and addresses of
25 registered owners and a brief description of each vehicle
26 including the serial or other identifying number thereof.
27 Such compilation may be in such form as in the discretion of
28 the Secretary of State may seem best for the purposes
29 intended.
30 (d) The Secretary of State shall furnish no more than 2
31 current available lists of such registrations to the sheriffs
32 of all counties and to the chiefs of police of all cities and
33 villages and towns of 2,000 population and over in this State
34 at no cost. Additional copies may be purchased at the fee of
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1 $400 each or at the cost of producing the list as determined
2 by the Secretary of State.
3 (e) The Secretary of State shall upon written request
4 and the payment of the fee of $400 furnish the current
5 available list of such motor vehicle registrations to any
6 person so long as the supply of available registration lists
7 shall last.
8 (e-1) Commercial purchasers of driver and vehicle record
9 databases shall enter into a written agreement with the
10 Secretary of State that includes disclosure of the commercial
11 use of the intended purchase. Affected drivers, vehicle
12 owners, or registrants may request that their personally
13 identifiable information not be used for commercial
14 solicitation purposes.
15 (e-2) The Secretary of State may not knowingly disclose
16 or otherwise make available to any person or entity for
17 commercial solicitation purposes a photograph or digitally
18 produced and captured image of any individual obtained by the
19 Secretary of State's office in connection with a motor
20 vehicle record. "Commercial solicitation purposes" means the
21 use of a State database to contact individuals to advertise,
22 offer for sale, market, or sell products or services or to
23 identify potential employees.
24 (f) Title or registration search and certification
25 thereof - Fee. The Secretary of State shall make a title or
26 registration search of the records of his office and a
27 written report on the same for any person, upon written
28 application of such person, accompanied by a fee of $4 for
29 each registration or title search. No fee shall be charged
30 for a title or registration search, or for the certification
31 thereof requested by a government agency.
32 The Secretary of State shall certify a title or
33 registration record upon written request. The fee for
34 certification shall be $4 in addition to the fee required for
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1 a title or registration search. Certification shall be made
2 under the signature of the Secretary of State and shall be
3 authenticated by Seal of the Secretary of State.
4 The Secretary of State may notify the vehicle owner or
5 registrant of the request for purchase of his title or
6 registration information as the Secretary deems appropriate.
7 The vehicle owner or registrant residence address and
8 other personally identifiable information on the record shall
9 not be disclosed. This nondisclosure shall not apply to
10 requests made by law enforcement officials, government
11 agencies, financial institutions, attorneys, insurers,
12 employers, automobile associated businesses, other business
13 entities for purposes consistent with the Illinois Vehicle
14 Code, the vehicle owner or registrant, or other entities as
15 the Secretary may exempt by rule and regulation. This
16 information may be withheld from the entities listed above,
17 except law enforcement and government agencies upon
18 presentation of a valid court order of protection for the
19 duration of the order.
20 No information shall be released to the requestor until
21 expiration of a 10 day period. This 10 day period shall not
22 apply to requests for information made by law enforcement
23 officials, government agencies, financial institutions,
24 attorneys, insurers, employers, automobile associated
25 businesses, persons licensed as a private detective or firms
26 licensed as a private detective agency under the Private
27 Detective, Private Alarm, and Private Security Act of 1983,
28 who are employed by or are acting on behalf of law
29 enforcement officials, government agencies, financial
30 institutions, attorneys, insurers, employers, automobile
31 associated businesses, and other business entities for
32 purposes consistent with the Illinois Vehicle Code, the
33 vehicle owner or registrant or other entities as the
34 Secretary may exempt by rule and regulation.
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1 Any misrepresentation made by a requestor of title or
2 vehicle information shall be punishable as a petty offense,
3 except in the case of persons licensed as a private detective
4 or firms licensed as a private detective agency which shall
5 be subject to disciplinary sanctions under Section 22 or 25
6 of the Private Detective, Private Alarm, and Private Security
7 Act of 1983.
8 (g) 1. The Secretary of State may, upon receipt of a
9 written request and a fee of $5, furnish to the person or
10 agency so requesting a driver's record. Such document
11 may include a record of: current driver's license
12 issuance information, except that the information on
13 judicial driving permits shall be available only as
14 otherwise provided by this Code; convictions; orders
15 entered revoking, suspending or cancelling a driver's
16 license or privilege; and notations of accident
17 involvement. All other information, unless otherwise
18 permitted by this Code, shall remain confidential.
19 2. The Secretary of State may certify an abstract
20 of a driver's record upon written request therefor.
21 Such certification shall be made under the signature of
22 the Secretary of State and shall be authenticated by the
23 Seal of his office.
24 3. All requests for driving record information
25 shall be made in a manner prescribed by the Secretary.
26 The Secretary of State may notify the affected
27 driver of the request for purchase of his driver's record
28 as the Secretary deems appropriate.
29 The affected driver residence address and other
30 personally identifiable information on the record shall
31 not be disclosed. This nondisclosure shall not apply to
32 requests made by law enforcement officials, government
33 agencies, financial institutions, attorneys, insurers,
34 employers, automobile associated businesses, other
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1 business entities for purposes consistent with the
2 Illinois Vehicle Code, the affected driver, or other
3 entities as the Secretary may exempt by rule and
4 regulation. This information may be withheld from the
5 entities listed above, except law enforcement and
6 government agencies, upon presentation of a valid court
7 order of protection for the duration of the order.
8 No information shall be released to the requester
9 until expiration of a 10 day period. This 10 day period
10 shall not apply to requests for information made by law
11 enforcement officials, government agencies, financial
12 institutions, attorneys, insurers, employers, automobile
13 associated businesses, persons licensed as a private
14 detective or firms licensed as a private detective agency
15 under the Private Detective, Private Alarm, and Private
16 Security Act of 1983, who are employed by or are acting
17 on behalf of law enforcement officials, government
18 agencies, financial institutions, attorneys, insurers,
19 employers, automobile associated businesses, and other
20 business entities for purposes consistent with the
21 Illinois Vehicle Code, the affected driver or other
22 entities as the Secretary may exempt by rule and
23 regulation.
24 Any misrepresentation made by a requestor of driver
25 information shall be punishable as a petty offense,
26 except in the case of persons licensed as a private
27 detective or firms licensed as a private detective agency
28 which shall be subject to disciplinary sanctions under
29 Section 22 or 25 of the Private Detective, Private Alarm,
30 and Private Security Act of 1983.
31 4. The Secretary of State may furnish without fee,
32 upon the written request of a law enforcement agency, any
33 information from a driver's record on file with the
34 Secretary of State when such information is required in
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1 the enforcement of this Code or any other law relating to
2 the operation of motor vehicles, including records of
3 dispositions; documented information involving the use of
4 a motor vehicle; whether such individual has, or
5 previously had, a driver's license; and the address and
6 personal description as reflected on said driver's
7 record.
8 5. Except as otherwise provided in this Section,
9 the Secretary of State may furnish, without fee,
10 information from an individual driver's record on file,
11 if a written request therefor is submitted by any public
12 transit system or authority, public defender, law
13 enforcement agency, a state or federal agency, or an
14 Illinois local intergovernmental association, if the
15 request is for the purpose of a background check of
16 applicants for employment with the requesting agency, or
17 for the purpose of an official investigation conducted by
18 the agency, or to determine a current address for the
19 driver so public funds can be recovered or paid to the
20 driver, or for any other lawful purpose.
21 The Secretary may also furnish the courts a copy of
22 an abstract of a driver's record, without fee, subsequent
23 to an arrest for a violation of Section 11-501 or a
24 similar provision of a local ordinance. Such abstract
25 may include records of dispositions; documented
26 information involving the use of a motor vehicle as
27 contained in the current file; whether such individual
28 has, or previously had, a driver's license; and the
29 address and personal description as reflected on said
30 driver's record.
31 6. Any certified abstract issued by the Secretary
32 of State or transmitted electronically by the Secretary
33 of State pursuant to this Section, to a court or on
34 request of a law enforcement agency, for the record of a
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1 named person as to the status of the person's driver's
2 license shall be prima facie evidence of the facts
3 therein stated and if the name appearing in such abstract
4 is the same as that of a person named in an information
5 or warrant, such abstract shall be prima facie evidence
6 that the person named in such information or warrant is
7 the same person as the person named in such abstract and
8 shall be admissible for any prosecution under this Code
9 and be admitted as proof of any prior conviction or proof
10 of records, notices, or orders recorded on individual
11 driving records maintained by the Secretary of State.
12 7. Subject to any restrictions contained in the
13 Juvenile Court Act of 1987, and upon receipt of a proper
14 request and a fee of $5, the Secretary of State shall
15 provide a driver's record to the affected driver, or the
16 affected driver's attorney, upon verification. Such
17 record shall contain all the information referred to in
18 paragraph 1 of this subsection (g) plus: any recorded
19 accident involvement as a driver; information recorded
20 pursuant to subsection (e) of Section 6-117 and paragraph
21 4 of subsection (a) of Section 6-204 of this Code. All
22 other information, unless otherwise permitted by this
23 Code, shall remain confidential.
24 (h) The Secretary shall not disclose social security
25 numbers except pursuant to a written request by, or with the
26 prior written consent of, the individual except to: (1) to
27 officers and employees of the Secretary who have a need to
28 know the social security numbers in performance of their
29 official duties, (2) to law enforcement officials for a
30 lawful, civil or criminal law enforcement investigation, and
31 if the head of the law enforcement agency has made a written
32 request to the Secretary specifying the law enforcement
33 investigation for which the social security numbers are being
34 sought, (3) to the United States Department of
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1 Transportation, or any other State, pursuant to the
2 administration and enforcement of the Commercial Motor
3 Vehicle Safety Act of 1986, (4) pursuant to the order of a
4 court of competent jurisdiction, or (5) to the Department of
5 Public Aid for utilization in the child support enforcement
6 duties assigned to that Department under provisions of the
7 Public Aid Code after the individual has received advanced
8 meaningful notification of what redisclosure is sought by the
9 Secretary in accordance with the federal Privacy Act;
10 provided, the redisclosure shall not be authorized by the
11 Secretary prior to September 30, 1992.
12 (i) The Secretary of State is empowered to promulgate
13 rules and regulations to effectuate this Section.
14 (j) Medical statements or medical reports received in
15 the Secretary of State's Office shall be confidential. No
16 confidential information may be open to public inspection or
17 the contents disclosed to anyone, except officers and
18 employees of the Secretary who have a need to know the
19 information contained in the medical reports and the Driver
20 License Medical Advisory Board, unless so directed by an
21 order of a court of competent jurisdiction.
22 (k) All fees collected under this Section shall be paid
23 into the Road Fund of the State Treasury, except that $3 of
24 the $5 fee for a driver's record shall be paid into the
25 Secretary of State Special Services Fund.
26 (l) The Secretary of State shall report his
27 recommendations to the General Assembly by January 1, 1993,
28 regarding the sale and dissemination of the information
29 maintained by the Secretary, including the sale of lists of
30 driver and vehicle records.
31 (m) Notations of accident involvement that may be
32 disclosed under this Section shall not include notations
33 relating to damage to a vehicle or other property being
34 transported by a tow truck. This information shall remain
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1 confidential, provided that nothing in this subsection (m)
2 shall limit disclosure of any notification of accident
3 involvement to any law enforcement agency or official.
4 (n) Requests made by the news media for driver's
5 license, vehicle, or title registration information may be
6 furnished without charge or at a reduced charge, as
7 determined by the Secretary, when the specific purpose for
8 requesting the documents is deemed to be in the public
9 interest. Waiver or reduction of the fee is in the public
10 interest if the principal purpose of the request is to access
11 and disseminate information regarding the health, safety, and
12 welfare or the legal rights of the general public and is not
13 for the principal purpose of gaining a personal or commercial
14 benefit.
15 (Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97;
16 90-330, eff. 8-8-97; 90-400, eff. 8-15-97; 90-655, eff.
17 7-30-98; revised 1-30-99.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.".