[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] |
91_HB2824eng HB2824 Engrossed 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 31 cost of the request. This service shall not be in lieu of an HB2824 Engrossed -2- LRB9105350KSks 1 abstract of a driver's record nor of a title or registration 2 search. The information sold pursuant to this subsection 3 shall be the entire vehicle or driver data list, or part 4 thereof. 5 (c) Secretary of State may issue registration lists. 6 The Secretary of State shall compile and publish, at least 7 annually, a list of all registered vehicles. Each list of 8 registered vehicles shall be arranged serially according to 9 the registration numbers assigned to registered vehicles and 10 shall contain in addition the names and addresses of 11 registered owners and a brief description of each vehicle 12 including the serial or other identifying number thereof. 13 Such compilation may be in such form as in the discretion of 14 the Secretary of State may seem best for the purposes 15 intended. 16 (d) The Secretary of State shall furnish no more than 2 17 current available lists of such registrations to the sheriffs 18 of all counties and to the chiefs of police of all cities and 19 villages and towns of 2,000 population and over in this State 20 at no cost. Additional copies may be purchased at the fee of 21 $400 each or at the cost of producing the list as determined 22 by the Secretary of State. 23 (e) The Secretary of State shall upon written request 24 and the payment of the fee of $400 furnish the current 25 available list of such motor vehicle registrations to any 26 person so long as the supply of available registration lists 27 shall last. 28 (e-1) Commercial purchasers of driver and vehicle record 29 databases shall enter into a written agreement with the 30 Secretary of State that includes disclosure of the commercial 31 use of the intended purchase. Affected drivers, vehicle 32 owners, or registrants may request that their personally 33 identifiable information not be used for commercial 34 solicitation purposes. HB2824 Engrossed -3- LRB9105350KSks 1 (f)Title or registration search and certification2thereof - Fee.The Secretary of State shall make a title or 3 registration search of the records of his office and a 4 written report on the same for any person, upon written 5 application of such person, accompanied by a fee of $4 for 6 each registration or title search. No fee shall be charged 7 for a title or registration search, or for the certification 8 thereof requested by a government agency. 9 The Secretary of State shall certify a title or 10 registration record upon written request. The fee for 11 certification shall be $4 in addition to the fee required for 12 a title or registration search. Certification shall be made 13 under the signature of the Secretary of State and shall be 14 authenticated by Seal of the Secretary of State. 15 The Secretary of State may notify the vehicle owner or 16 registrant of the request for purchase of his title or 17 registration information as the Secretary deems appropriate. 18 If the Secretary of State has been notified that an order of 19 protection under the Domestic Violence Act of 1986 has been 20 issued in favor of a vehicle owner or registrant, the 21 Secretary shall notify the vehicle owner or registrant of any 22 request for the purchase of his or her title or registration 23 information. 24 The vehicle owner or registrant residence address and 25 other personally identifiable information on the record shall 26 not be disclosed. This nondisclosure shall not apply to 27 requests made by law enforcement officials, government 28 agencies, financial institutions, attorneys, insurers, 29 employers, automobile associated businesses, other business 30 entities for purposes consistent with the Illinois Vehicle 31 Code, the vehicle owner or registrant, or other entities as 32 the Secretary may exempt by rule and regulation. This 33 information may be withheld from the entities listed above, 34 except law enforcement and government agencies upon HB2824 Engrossed -4- LRB9105350KSks 1 presentation of a valid court order of protection for the 2 duration of the order. 3 No information shall be released to the requestor until 4 expiration of a 10 day period. This 10 day period shall not 5 apply to requests for information made by law enforcement 6 officials, government agencies, financial institutions, 7 attorneys, insurers, employers, automobile associated 8 businesses, persons licensed as a private detective or firms 9 licensed as a private detective agency under the Private 10 Detective, Private Alarm, and Private Security Act of 1983, 11 who are employed by or are acting on behalf of law 12 enforcement officials, government agencies, financial 13 institutions, attorneys, insurers, employers, automobile 14 associated businesses, and other business entities for 15 purposes consistent with the Illinois Vehicle Code, the 16 vehicle owner or registrant or other entities as the 17 Secretary may exempt by rule and regulation. 18 Any misrepresentation made by a requestor of title or 19 vehicle information shall be punishable as a petty offense, 20 except in the case of persons licensed as a private detective 21 or firms licensed as a private detective agency which shall 22 be subject to disciplinary sanctions under Section 22 or 25 23 of the Private Detective, Private Alarm, and Private Security 24 Act of 1983. 25 (g) 1. The Secretary of State may, upon receipt of a 26 written request and a fee of $5, furnish to the person or 27 agency so requesting a driver's record. Such document 28 may include a record of: current driver's license 29 issuance information, except that the information on 30 judicial driving permits shall be available only as 31 otherwise provided by this Code; convictions; orders 32 entered revoking, suspending or cancelling a driver's 33 license or privilege; and notations of accident 34 involvement. All other information, unless otherwise HB2824 Engrossed -5- LRB9105350KSks 1 permitted by this Code, shall remain confidential. 2 2. The Secretary of State may certify an abstract 3 of a driver's record upon written request therefor. 4 Such certification shall be made under the signature of 5 the Secretary of State and shall be authenticated by the 6 Seal of his office. 7 3. All requests for driving record information 8 shall be made in a manner prescribed by the Secretary. 9 The Secretary of State may notify the affected 10 driver of the request for purchase of his driver's record 11 as the Secretary deems appropriate. 12 The affected driver residence address and other 13 personally identifiable information on the record shall 14 not be disclosed. This nondisclosure shall not apply to 15 requests made by law enforcement officials, government 16 agencies, financial institutions, attorneys, insurers, 17 employers, automobile associated businesses, other 18 business entities for purposes consistent with the 19 Illinois Vehicle Code, the affected driver, or other 20 entities as the Secretary may exempt by rule and 21 regulation. This information may be withheld from the 22 entities listed above, except law enforcement and 23 government agencies, upon presentation of a valid court 24 order of protection for the duration of the order. 25 No information shall be released to the requester 26 until expiration of a 10 day period. This 10 day period 27 shall not apply to requests for information made by law 28 enforcement officials, government agencies, financial 29 institutions, attorneys, insurers, employers, automobile 30 associated businesses, persons licensed as a private 31 detective or firms licensed as a private detective agency 32 under the Private Detective, Private Alarm, and Private 33 Security Act of 1983, who are employed by or are acting 34 on behalf of law enforcement officials, government HB2824 Engrossed -6- LRB9105350KSks 1 agencies, financial institutions, attorneys, insurers, 2 employers, automobile associated businesses, and other 3 business entities for purposes consistent with the 4 Illinois Vehicle Code, the affected driver or other 5 entities as the Secretary may exempt by rule and 6 regulation. 7 Any misrepresentation made by a requestor of driver 8 information shall be punishable as a petty offense, 9 except in the case of persons licensed as a private 10 detective or firms licensed as a private detective agency 11 which shall be subject to disciplinary sanctions under 12 Section 22 or 25 of the Private Detective, Private Alarm, 13 and Private Security Act of 1983. 14 4. The Secretary of State may furnish without fee, 15 upon the written request of a law enforcement agency, any 16 information from a driver's record on file with the 17 Secretary of State when such information is required in 18 the enforcement of this Code or any other law relating to 19 the operation of motor vehicles, including records of 20 dispositions; documented information involving the use of 21 a motor vehicle; whether such individual has, or 22 previously had, a driver's license; and the address and 23 personal description as reflected on said driver's 24 record. 25 5. Except as otherwise provided in this Section, 26 the Secretary of State may furnish, without fee, 27 information from an individual driver's record on file, 28 if a written request therefor is submitted by any public 29 transit system or authority, public defender, law 30 enforcement agency, a state or federal agency, or an 31 Illinois local intergovernmental association, if the 32 request is for the purpose of a background check of 33 applicants for employment with the requesting agency, or 34 for the purpose of an official investigation conducted by HB2824 Engrossed -7- LRB9105350KSks 1 the agency, or to determine a current address for the 2 driver so public funds can be recovered or paid to the 3 driver, or for any other lawful purpose. 4 The Secretary may also furnish the courts a copy of 5 an abstract of a driver's record, without fee, subsequent 6 to an arrest for a violation of Section 11-501 or a 7 similar provision of a local ordinance. Such abstract 8 may include records of dispositions; documented 9 information involving the use of a motor vehicle as 10 contained in the current file; whether such individual 11 has, or previously had, a driver's license; and the 12 address and personal description as reflected on said 13 driver's record. 14 6. Any certified abstract issued by the Secretary 15 of State or transmitted electronically by the Secretary 16 of State pursuant to this Section, to a court or on 17 request of a law enforcement agency, for the record of a 18 named person as to the status of the person's driver's 19 license shall be prima facie evidence of the facts 20 therein stated and if the name appearing in such abstract 21 is the same as that of a person named in an information 22 or warrant, such abstract shall be prima facie evidence 23 that the person named in such information or warrant is 24 the same person as the person named in such abstract and 25 shall be admissible for any prosecution under this Code 26 and be admitted as proof of any prior conviction or proof 27 of records, notices, or orders recorded on individual 28 driving records maintained by the Secretary of State. 29 7. Subject to any restrictions contained in the 30 Juvenile Court Act of 1987, and upon receipt of a proper 31 request and a fee of $5, the Secretary of State shall 32 provide a driver's record to the affected driver, or the 33 affected driver's attorney, upon verification. Such 34 record shall contain all the information referred to in HB2824 Engrossed -8- LRB9105350KSks 1 paragraph 1 of this subsection (g) plus: any recorded 2 accident involvement as a driver; information recorded 3 pursuant to subsection (e) of Section 6-117 and paragraph 4 4 of subsection (a) of Section 6-204 of this Code. All 5 other information, unless otherwise permitted by this 6 Code, shall remain confidential. 7 (h) The Secretary shall not disclose social security 8 numbers except pursuant to a written request by, or with the 9 prior written consent of, the individual exceptto: (1) to 10 officers and employees of the Secretary who have a need to 11 know the social security numbers in performance of their 12 official duties, (2) to law enforcement officials for a 13 lawful, civil or criminal law enforcement investigation, and 14 if the head of the law enforcement agency has made a written 15 request to the Secretary specifying the law enforcement 16 investigation for which the social security numbers are being 17 sought, (3) to the United States Department of 18 Transportation, or any other State, pursuant to the 19 administration and enforcement of the Commercial Motor 20 Vehicle Safety Act of 1986, (4) pursuant to the order of a 21 court of competent jurisdiction, or (5) to the Department of 22 Public Aid for utilization in the child support enforcement 23 duties assigned to that Department under provisions of the 24 Public Aid Code after the individual has received advanced 25 meaningful notification of what redisclosure is sought by the 26 Secretary in accordance with the federal Privacy Act; 27 provided, the redisclosure shall not be authorized by the 28 Secretary prior to September 30, 1992. 29 (i) The Secretary of State is empowered to promulgate 30 rules and regulations to effectuate this Section. 31 (j) Medical statements or medical reports received in 32 the Secretary of State's Office shall be confidential. No 33 confidential information may be open to public inspection or 34 the contents disclosed to anyone, except officers and HB2824 Engrossed -9- LRB9105350KSks 1 employees of the Secretary who have a need to know the 2 information contained in the medical reports and the Driver 3 License Medical Advisory Board, unless so directed by an 4 order of a court of competent jurisdiction. 5 (k) All fees collected under this Section shall be paid 6 into the Road Fund of the State Treasury, except that $3 of 7 the $5 fee for a driver's record shall be paid into the 8 Secretary of State Special Services Fund. 9 (l) The Secretary of State shall report his 10 recommendations to the General Assembly by January 1, 1993, 11 regarding the sale and dissemination of the information 12 maintained by the Secretary, including the sale of lists of 13 driver and vehicle records. 14 (m) Notations of accident involvement that may be 15 disclosed under this Section shall not include notations 16 relating to damage to a vehicle or other property being 17 transported by a tow truck. This information shall remain 18 confidential, provided that nothing in this subsection (m) 19 shall limit disclosure of any notification of accident 20 involvement to any law enforcement agency or official. 21 (n) Requests made by the news media for driver's 22 license, vehicle, or title registration information may be 23 furnished without charge or at a reduced charge, as 24 determined by the Secretary, when the specific purpose for 25 requesting the documents is deemed to be in the public 26 interest. Waiver or reduction of the fee is in the public 27 interest if the principal purpose of the request is to access 28 and disseminate information regarding the health, safety, and 29 welfare or the legal rights of the general public and is not 30 for the principal purpose of gaining a personal or commercial 31 benefit. 32 (Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97; 33 90-330, eff. 8-8-97; 90-400, eff. 8-15-97; 90-655, eff. 34 7-30-98; revised 1-30-99.) HB2824 Engrossed -10- LRB9105350KSks 1 Section 10. The Illinois Domestic Violence Act of 1986 2 is amended by changing Section 302 as follows: 3 (750 ILCS 60/302) (from Ch. 40, par. 2313-2) 4 Sec. 302. Data maintenance by law enforcement agencies. 5 (a) All sheriffs shall furnish to the Department of 6 State Police, on the same day as received, in the form and 7 detail the Department requires, copies of any recorded 8 emergency, interim, or plenary orders of protection issued 9 by the court and transmitted to the sheriff by the clerk of 10 the court pursuant to subsection (b) of Section 222 of this 11 Act. Each order of protection shall be entered in the Law 12 Enforcement Automated Data System on the same day it is 13 issued by the court. If an emergency order of protection was 14 issued in accordance with subsection (c) of Section 217, the 15 order shall be entered in the Law Enforcement Automated Data 16 System as soon as possible after receipt from the clerk. 17 (b) The Department of State Police shall maintain a 18 complete and systematic record and index of all valid and 19 recorded orders of protection issued pursuant to this Act. 20 The data shall be used to inform all dispatchers and law 21 enforcement officers at the scene of an alleged incident of 22 abuse, neglect, or exploitation or violation of an order of 23 protection of any recorded prior incident of abuse, neglect, 24 or exploitation involving the abused, neglected, or exploited 25 party and the effective dates and terms of any recorded order 26 of protection. At least once a week the Department of State 27 Police shall transmit to the Secretary of State a copy of the 28 complete and systematic record and index of all valid and 29 recorded orders of protection for the purpose of enabling the 30 Secretary of State to notify a beneficiary of an order of 31 protection as required in subsection (f) of Section 2-123 of 32 the Illinois Vehicle Code. 33 (c) The data, records and transmittals required under HB2824 Engrossed -11- LRB9105350KSks 1 this Section shall pertain to any valid emergency, interim or 2 plenary order of protection, whether issued in a civil or 3 criminal proceeding. 4 (Source: P.A. 90-392, eff. 1-1-98.) 5 Section 99. Effective date. This Act takes effect on 6 January 1, 2000.