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91_HB2824
LRB9105350KSks
1 AN ACT concerning the registration of motor vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 2-123 as follows:
6 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
7 Sec. 2-123. Sale and Distribution of Information.
8 (a) Except as otherwise provided in this Section, the
9 Secretary may make the driver's license, vehicle and title
10 registration lists, in part or in whole, and any statistical
11 information derived from these lists available to local
12 governments, elected state officials, state educational
13 institutions, public libraries and all other governmental
14 units of the State and Federal Government requesting them for
15 governmental purposes. The Secretary shall require any such
16 applicant for services to pay for the costs of furnishing
17 such services and the use of the equipment involved, and in
18 addition is empowered to establish prices and charges for the
19 services so furnished and for the use of the electronic
20 equipment utilized.
21 (b) The Secretary is further empowered to and he may, in
22 his discretion, furnish to any applicant, other than listed
23 in subsection (a) of this Section, vehicle or driver data on
24 a computer tape, disk, or printout at a fixed fee of $200 in
25 advance and require in addition a further sufficient deposit
26 based upon the Secretary of State's estimate of the total
27 cost of the information requested and a charge of $20 per
28 1,000 units or part thereof identified or the actual cost,
29 whichever is greater. The Secretary is authorized to refund
30 any difference between the additional deposit and the actual
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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
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1 solicitation purposes.
2 (f) Title or registration search and certification
3 thereof - Fee. The Secretary of State shall make a title or
4 registration search of the records of his office and a
5 written report on the same for any person, upon written
6 application of such person, accompanied by a fee of $4 for
7 each registration or title search. No fee shall be charged
8 for a title or registration search, or for the certification
9 thereof requested by a government agency.
10 The Secretary of State shall certify a title or
11 registration record upon written request. The fee for
12 certification shall be $4 in addition to the fee required for
13 a title or registration search. Certification shall be made
14 under the signature of the Secretary of State and shall be
15 authenticated by Seal of the Secretary of State.
16 The Secretary of State may notify the vehicle owner or
17 registrant of the request for purchase of his title or
18 registration information as the Secretary deems appropriate.
19 If the Secretary of State has been notified that an order of
20 protection under the Domestic Violence Act of 1986 has been
21 issued in favor of a vehicle owner or registrant, the
22 Secretary shall notify the vehicle owner or registrant of any
23 request for the purchase of his or her title or registration
24 information.
25 The vehicle owner or registrant residence address and
26 other personally identifiable information on the record shall
27 not be disclosed. This nondisclosure shall not apply to
28 requests made by law enforcement officials, government
29 agencies, financial institutions, attorneys, insurers,
30 employers, automobile associated businesses, other business
31 entities for purposes consistent with the Illinois Vehicle
32 Code, the vehicle owner or registrant, or other entities as
33 the Secretary may exempt by rule and regulation. This
34 information may be withheld from the entities listed above,
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1 except law enforcement and government agencies upon
2 presentation of a valid court order of protection for the
3 duration of the order.
4 No information shall be released to the requestor until
5 expiration of a 10 day period. This 10 day period shall not
6 apply to requests for information made by law enforcement
7 officials, government agencies, financial institutions,
8 attorneys, insurers, employers, automobile associated
9 businesses, persons licensed as a private detective or firms
10 licensed as a private detective agency under the Private
11 Detective, Private Alarm, and Private Security Act of 1983,
12 who are employed by or are acting on behalf of law
13 enforcement officials, government agencies, financial
14 institutions, attorneys, insurers, employers, automobile
15 associated businesses, and other business entities for
16 purposes consistent with the Illinois Vehicle Code, the
17 vehicle owner or registrant or other entities as the
18 Secretary may exempt by rule and regulation.
19 Any misrepresentation made by a requestor of title or
20 vehicle information shall be punishable as a petty offense,
21 except in the case of persons licensed as a private detective
22 or firms licensed as a private detective agency which shall
23 be subject to disciplinary sanctions under Section 22 or 25
24 of the Private Detective, Private Alarm, and Private Security
25 Act of 1983.
26 (g) 1. The Secretary of State may, upon receipt of a
27 written request and a fee of $5, furnish to the person or
28 agency so requesting a driver's record. Such document
29 may include a record of: current driver's license
30 issuance information, except that the information on
31 judicial driving permits shall be available only as
32 otherwise provided by this Code; convictions; orders
33 entered revoking, suspending or cancelling a driver's
34 license or privilege; and notations of accident
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1 involvement. All other information, unless otherwise
2 permitted by this Code, shall remain confidential.
3 2. The Secretary of State may certify an abstract
4 of a driver's record upon written request therefor.
5 Such certification shall be made under the signature of
6 the Secretary of State and shall be authenticated by the
7 Seal of his office.
8 3. All requests for driving record information
9 shall be made in a manner prescribed by the Secretary.
10 The Secretary of State may notify the affected
11 driver of the request for purchase of his driver's record
12 as the Secretary deems appropriate.
13 The affected driver residence address and other
14 personally identifiable information on the record shall
15 not be disclosed. This nondisclosure shall not apply to
16 requests made by law enforcement officials, government
17 agencies, financial institutions, attorneys, insurers,
18 employers, automobile associated businesses, other
19 business entities for purposes consistent with the
20 Illinois Vehicle Code, the affected driver, or other
21 entities as the Secretary may exempt by rule and
22 regulation. This information may be withheld from the
23 entities listed above, except law enforcement and
24 government agencies, upon presentation of a valid court
25 order of protection for the duration of the order.
26 No information shall be released to the requester
27 until expiration of a 10 day period. This 10 day period
28 shall not apply to requests for information made by law
29 enforcement officials, government agencies, financial
30 institutions, attorneys, insurers, employers, automobile
31 associated businesses, persons licensed as a private
32 detective or firms licensed as a private detective agency
33 under the Private Detective, Private Alarm, and Private
34 Security Act of 1983, who are employed by or are acting
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1 on behalf of law enforcement officials, government
2 agencies, financial institutions, attorneys, insurers,
3 employers, automobile associated businesses, and 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.
8 Any misrepresentation made by a requestor of driver
9 information shall be punishable as a petty offense,
10 except in the case of persons licensed as a private
11 detective or firms licensed as a private detective agency
12 which shall be subject to disciplinary sanctions under
13 Section 22 or 25 of the Private Detective, Private Alarm,
14 and Private Security Act of 1983.
15 4. The Secretary of State may furnish without fee,
16 upon the written request of a law enforcement agency, any
17 information from a driver's record on file with the
18 Secretary of State when such information is required in
19 the enforcement of this Code or any other law relating to
20 the operation of motor vehicles, including records of
21 dispositions; documented information involving the use of
22 a motor vehicle; whether such individual has, or
23 previously had, a driver's license; and the address and
24 personal description as reflected on said driver's
25 record.
26 5. Except as otherwise provided in this Section,
27 the Secretary of State may furnish, without fee,
28 information from an individual driver's record on file,
29 if a written request therefor is submitted by any public
30 transit system or authority, public defender, law
31 enforcement agency, a state or federal agency, or an
32 Illinois local intergovernmental association, if the
33 request is for the purpose of a background check of
34 applicants for employment with the requesting agency, or
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1 for the purpose of an official investigation conducted by
2 the agency, or to determine a current address for the
3 driver so public funds can be recovered or paid to the
4 driver, or for any other lawful purpose.
5 The Secretary may also furnish the courts a copy of
6 an abstract of a driver's record, without fee, subsequent
7 to an arrest for a violation of Section 11-501 or a
8 similar provision of a local ordinance. Such abstract
9 may include records of dispositions; documented
10 information involving the use of a motor vehicle as
11 contained in the current file; whether such individual
12 has, or previously had, a driver's license; and the
13 address and personal description as reflected on said
14 driver's record.
15 6. Any certified abstract issued by the Secretary
16 of State or transmitted electronically by the Secretary
17 of State pursuant to this Section, to a court or on
18 request of a law enforcement agency, for the record of a
19 named person as to the status of the person's driver's
20 license shall be prima facie evidence of the facts
21 therein stated and if the name appearing in such abstract
22 is the same as that of a person named in an information
23 or warrant, such abstract shall be prima facie evidence
24 that the person named in such information or warrant is
25 the same person as the person named in such abstract and
26 shall be admissible for any prosecution under this Code
27 and be admitted as proof of any prior conviction or proof
28 of records, notices, or orders recorded on individual
29 driving records maintained by the Secretary of State.
30 7. Subject to any restrictions contained in the
31 Juvenile Court Act of 1987, and upon receipt of a proper
32 request and a fee of $5, the Secretary of State shall
33 provide a driver's record to the affected driver, or the
34 affected driver's attorney, upon verification. Such
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1 record shall contain all the information referred to in
2 paragraph 1 of this subsection (g) plus: any recorded
3 accident involvement as a driver; information recorded
4 pursuant to subsection (e) of Section 6-117 and paragraph
5 4 of subsection (a) of Section 6-204 of this Code. All
6 other information, unless otherwise permitted by this
7 Code, shall remain confidential.
8 (h) The Secretary shall not disclose social security
9 numbers except pursuant to a written request by, or with the
10 prior written consent of, the individual except to: (1) to
11 officers and employees of the Secretary who have a need to
12 know the social security numbers in performance of their
13 official duties, (2) to law enforcement officials for a
14 lawful, civil or criminal law enforcement investigation, and
15 if the head of the law enforcement agency has made a written
16 request to the Secretary specifying the law enforcement
17 investigation for which the social security numbers are being
18 sought, (3) to the United States Department of
19 Transportation, or any other State, pursuant to the
20 administration and enforcement of the Commercial Motor
21 Vehicle Safety Act of 1986, (4) pursuant to the order of a
22 court of competent jurisdiction, or (5) to the Department of
23 Public Aid for utilization in the child support enforcement
24 duties assigned to that Department under provisions of the
25 Public Aid Code after the individual has received advanced
26 meaningful notification of what redisclosure is sought by the
27 Secretary in accordance with the federal Privacy Act;
28 provided, the redisclosure shall not be authorized by the
29 Secretary prior to September 30, 1992.
30 (i) The Secretary of State is empowered to promulgate
31 rules and regulations to effectuate this Section.
32 (j) Medical statements or medical reports received in
33 the Secretary of State's Office shall be confidential. No
34 confidential information may be open to public inspection or
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1 the contents disclosed to anyone, except officers and
2 employees of the Secretary who have a need to know the
3 information contained in the medical reports and the Driver
4 License Medical Advisory Board, unless so directed by an
5 order of a court of competent jurisdiction.
6 (k) All fees collected under this Section shall be paid
7 into the Road Fund of the State Treasury, except that $3 of
8 the $5 fee for a driver's record shall be paid into the
9 Secretary of State Special Services Fund.
10 (l) The Secretary of State shall report his
11 recommendations to the General Assembly by January 1, 1993,
12 regarding the sale and dissemination of the information
13 maintained by the Secretary, including the sale of lists of
14 driver and vehicle records.
15 (m) Notations of accident involvement that may be
16 disclosed under this Section shall not include notations
17 relating to damage to a vehicle or other property being
18 transported by a tow truck. This information shall remain
19 confidential, provided that nothing in this subsection (m)
20 shall limit disclosure of any notification of accident
21 involvement to any law enforcement agency or official.
22 (n) Requests made by the news media for driver's
23 license, vehicle, or title registration information may be
24 furnished without charge or at a reduced charge, as
25 determined by the Secretary, when the specific purpose for
26 requesting the documents is deemed to be in the public
27 interest. Waiver or reduction of the fee is in the public
28 interest if the principal purpose of the request is to access
29 and disseminate information regarding the health, safety, and
30 welfare or the legal rights of the general public and is not
31 for the principal purpose of gaining a personal or commercial
32 benefit.
33 (Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97;
34 90-330, eff. 8-8-97; 90-400, eff. 8-15-97; 90-655, eff.
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1 7-30-98; revised 1-30-99.)
2 Section 10. The Illinois Domestic Violence Act of 1986
3 is amended by changing Section 302 as follows:
4 (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
5 Sec. 302. Data maintenance by law enforcement agencies.
6 (a) All sheriffs shall furnish to the Department of
7 State Police, on the same day as received, in the form and
8 detail the Department requires, copies of any recorded
9 emergency, interim, or plenary orders of protection issued
10 by the court and transmitted to the sheriff by the clerk of
11 the court pursuant to subsection (b) of Section 222 of this
12 Act. Each order of protection shall be entered in the Law
13 Enforcement Automated Data System on the same day it is
14 issued by the court. If an emergency order of protection was
15 issued in accordance with subsection (c) of Section 217, the
16 order shall be entered in the Law Enforcement Automated Data
17 System as soon as possible after receipt from the clerk.
18 (b) The Department of State Police shall maintain a
19 complete and systematic record and index of all valid and
20 recorded orders of protection issued pursuant to this Act.
21 The data shall be used to inform all dispatchers and law
22 enforcement officers at the scene of an alleged incident of
23 abuse, neglect, or exploitation or violation of an order of
24 protection of any recorded prior incident of abuse, neglect,
25 or exploitation involving the abused, neglected, or exploited
26 party and the effective dates and terms of any recorded order
27 of protection. At least once a week the Department of State
28 Police shall transmit to the Secretary of State a copy of the
29 complete and systematic record and index of all valid and
30 recorded orders of protection for the purpose of enabling the
31 Secretary of State to notify a beneficiary of an order of
32 protection as required in subsection (f) of Section 2-123 of
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1 the Illinois Vehicle Code.
2 (c) The data, records and transmittals required under
3 this Section shall pertain to any valid emergency, interim or
4 plenary order of protection, whether issued in a civil or
5 criminal proceeding.
6 (Source: P.A. 90-392, eff. 1-1-98.)
7 Section 99. Effective date. This Act takes effect on
8 January 1, 2000.