97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1305

 

Introduced 02/09/11, by Rep. Donald L. Moffitt

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/2-123  from Ch. 95 1/2, par. 2-123

    Amends the Illinois Vehicle Code. Provides that after October 1, 2011, each person or agency requesting a driver's record shall, in addition to all other applicable fees, pay a $3 surcharge. Provides that all proceeds from this surcharge be deposited into the Fire Prevention Fund.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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
9Secretary may make the driver's license, vehicle and title
10registration lists, in part or in whole, and any statistical
11information derived from these lists available to local
12governments, elected state officials, state educational
13institutions, and all other governmental units of the State and
14Federal Government requesting them for governmental purposes.
15The Secretary shall require any such applicant for services to
16pay for the costs of furnishing such services and the use of
17the equipment involved, and in addition is empowered to
18establish prices and charges for the services so furnished and
19for the use of the electronic equipment utilized.
20    (b) The Secretary is further empowered to and he may, in
21his discretion, furnish to any applicant, other than listed in
22subsection (a) of this Section, vehicle or driver data on a
23computer tape, disk, other electronic format or computer

 

 

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1processable medium, or printout at a fixed fee of $250 for
2orders received before October 1, 2003 and $500 for orders
3received on or after October 1, 2003, in advance, and require
4in addition a further sufficient deposit based upon the
5Secretary of State's estimate of the total cost of the
6information requested and a charge of $25 for orders received
7before October 1, 2003 and $50 for orders received on or after
8October 1, 2003, per 1,000 units or part thereof identified or
9the actual cost, whichever is greater. The Secretary is
10authorized to refund any difference between the additional
11deposit and the actual cost of the request. This service shall
12not be in lieu of an abstract of a driver's record nor of a
13title or registration search. This service may be limited to
14entities purchasing a minimum number of records as required by
15administrative rule. The information sold pursuant to this
16subsection shall be the entire vehicle or driver data list, or
17part thereof. The information sold pursuant to this subsection
18shall not contain personally identifying information unless
19the information is to be used for one of the purposes
20identified in subsection (f-5) of this Section. Commercial
21purchasers of driver and vehicle record databases shall enter
22into a written agreement with the Secretary of State that
23includes disclosure of the commercial use of the information to
24be purchased.
25    (b-1) The Secretary is further empowered to and may, in his
26or her discretion, furnish vehicle or driver data on a computer

 

 

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1tape, disk, or other electronic format or computer processible
2medium, at no fee, to any State or local governmental agency
3that uses the information provided by the Secretary to transmit
4data back to the Secretary that enables the Secretary to
5maintain accurate driving records, including dispositions of
6traffic cases. This information may be provided without fee not
7more often than once every 6 months.
8    (c) Secretary of State may issue registration lists. The
9Secretary of State may compile a list of all registered
10vehicles. Each list of registered vehicles shall be arranged
11serially according to the registration numbers assigned to
12registered vehicles and may contain in addition the names and
13addresses of registered owners and a brief description of each
14vehicle including the serial or other identifying number
15thereof. Such compilation may be in such form as in the
16discretion of the Secretary of State may seem best for the
17purposes intended.
18    (d) The Secretary of State shall furnish no more than 2
19current available lists of such registrations to the sheriffs
20of all counties and to the chiefs of police of all cities and
21villages and towns of 2,000 population and over in this State
22at no cost. Additional copies may be purchased by the sheriffs
23or chiefs of police at the fee of $500 each or at the cost of
24producing the list as determined by the Secretary of State.
25Such lists are to be used for governmental purposes only.
26    (e) (Blank).

 

 

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1    (e-1) (Blank).
2    (f) The Secretary of State shall make a title or
3registration search of the records of his office and a written
4report on the same for any person, upon written application of
5such person, accompanied by a fee of $5 for each registration
6or title search. The written application shall set forth the
7intended use of the requested information. No fee shall be
8charged for a title or registration search, or for the
9certification thereof requested by a government agency. The
10report of the title or registration search shall not contain
11personally identifying information unless the request for a
12search was made for one of the purposes identified in
13subsection (f-5) of this Section. The report of the title or
14registration search shall not contain highly restricted
15personal information unless specifically authorized by this
16Code.
17    The Secretary of State shall certify a title or
18registration record upon written request. The fee for
19certification shall be $5 in addition to the fee required for a
20title or registration search. Certification shall be made under
21the signature of the Secretary of State and shall be
22authenticated by Seal of the Secretary of State.
23    The Secretary of State may notify the vehicle owner or
24registrant of the request for purchase of his title or
25registration information as the Secretary deems appropriate.
26    No information shall be released to the requestor until

 

 

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1expiration of a 10 day period. This 10 day period shall not
2apply to requests for information made by law enforcement
3officials, government agencies, financial institutions,
4attorneys, insurers, employers, automobile associated
5businesses, persons licensed as a private detective or firms
6licensed as a private detective agency under the Private
7Detective, Private Alarm, Private Security, Fingerprint
8Vendor, and Locksmith Act of 2004, who are employed by or are
9acting on behalf of law enforcement officials, government
10agencies, financial institutions, attorneys, insurers,
11employers, automobile associated businesses, and other
12business entities for purposes consistent with the Illinois
13Vehicle Code, the vehicle owner or registrant or other entities
14as the Secretary may exempt by rule and regulation.
15    Any misrepresentation made by a requestor of title or
16vehicle information shall be punishable as a petty offense,
17except in the case of persons licensed as a private detective
18or firms licensed as a private detective agency which shall be
19subject to disciplinary sanctions under Section 40-10 of the
20Private Detective, Private Alarm, Private Security,
21Fingerprint Vendor, and Locksmith Act of 2004.
22    (f-5) The Secretary of State shall not disclose or
23otherwise make available to any person or entity any personally
24identifying information obtained by the Secretary of State in
25connection with a driver's license, vehicle, or title
26registration record unless the information is disclosed for one

 

 

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1of the following purposes:
2        (1) For use by any government agency, including any
3    court or law enforcement agency, in carrying out its
4    functions, or any private person or entity acting on behalf
5    of a federal, State, or local agency in carrying out its
6    functions.
7        (2) For use in connection with matters of motor vehicle
8    or driver safety and theft; motor vehicle emissions; motor
9    vehicle product alterations, recalls, or advisories;
10    performance monitoring of motor vehicles, motor vehicle
11    parts, and dealers; and removal of non-owner records from
12    the original owner records of motor vehicle manufacturers.
13        (3) For use in the normal course of business by a
14    legitimate business or its agents, employees, or
15    contractors, but only:
16            (A) to verify the accuracy of personal information
17        submitted by an individual to the business or its
18        agents, employees, or contractors; and
19            (B) if such information as so submitted is not
20        correct or is no longer correct, to obtain the correct
21        information, but only for the purposes of preventing
22        fraud by, pursuing legal remedies against, or
23        recovering on a debt or security interest against, the
24        individual.
25        (4) For use in research activities and for use in
26    producing statistical reports, if the personally

 

 

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1    identifying information is not published, redisclosed, or
2    used to contact individuals.
3        (5) For use in connection with any civil, criminal,
4    administrative, or arbitral proceeding in any federal,
5    State, or local court or agency or before any
6    self-regulatory body, including the service of process,
7    investigation in anticipation of litigation, and the
8    execution or enforcement of judgments and orders, or
9    pursuant to an order of a federal, State, or local court.
10        (6) For use by any insurer or insurance support
11    organization or by a self-insured entity or its agents,
12    employees, or contractors in connection with claims
13    investigation activities, antifraud activities, rating, or
14    underwriting.
15        (7) For use in providing notice to the owners of towed
16    or impounded vehicles.
17        (8) For use by any person licensed as a private
18    detective or firm licensed as a private detective agency
19    under the Private Detective, Private Alarm, Private
20    Security, Fingerprint Vendor, and Locksmith Act of 2004,
21    private investigative agency or security service licensed
22    in Illinois for any purpose permitted under this
23    subsection.
24        (9) For use by an employer or its agent or insurer to
25    obtain or verify information relating to a holder of a
26    commercial driver's license that is required under chapter

 

 

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1    313 of title 49 of the United States Code.
2        (10) For use in connection with the operation of
3    private toll transportation facilities.
4        (11) For use by any requester, if the requester
5    demonstrates it has obtained the written consent of the
6    individual to whom the information pertains.
7        (12) For use by members of the news media, as defined
8    in Section 1-148.5, for the purpose of newsgathering when
9    the request relates to the operation of a motor vehicle or
10    public safety.
11        (13) For any other use specifically authorized by law,
12    if that use is related to the operation of a motor vehicle
13    or public safety.
14    (f-6) The Secretary of State shall not disclose or
15otherwise make available to any person or entity any highly
16restricted personal information obtained by the Secretary of
17State in connection with a driver's license, vehicle, or title
18registration record unless specifically authorized by this
19Code.
20    (g) 1. The Secretary of State may, upon receipt of a
21    written request and a fee of $6 before October 1, 2003 and
22    a fee of $12 on and after October 1, 2003, furnish to the
23    person or agency so requesting a driver's record. Such
24    document may include a record of: current driver's license
25    issuance information, except that the information on
26    judicial driving permits shall be available only as

 

 

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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    Information released pursuant to a request for a driver's
7    record shall not contain personally identifying
8    information, unless the request for the driver's record was
9    made for one of the purposes set forth in subsection (f-5)
10    of this Section. The Secretary of State may, without fee,
11    allow a parent or guardian of a person under the age of 18
12    years, who holds an instruction permit or graduated
13    driver's license, to view that person's driving record
14    online, through a computer connection. The parent or
15    guardian's online access to the driving record will
16    terminate when the instruction permit or graduated
17    driver's license holder reaches the age of 18.
18        2. The Secretary of State shall not disclose or
19    otherwise make available to any person or entity any highly
20    restricted personal information obtained by the Secretary
21    of State in connection with a driver's license, vehicle, or
22    title registration record unless specifically authorized
23    by this Code. The Secretary of State may certify an
24    abstract of a driver's record upon written request
25    therefor. Such certification shall be made under the
26    signature of the Secretary of State and shall be

 

 

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1    authenticated by the Seal of his office.
2        3. All requests for driving record information shall be
3    made in a manner prescribed by the Secretary and shall set
4    forth the intended use of the requested information.
5        The Secretary of State may notify the affected driver
6    of the request for purchase of his driver's record as the
7    Secretary deems appropriate.
8        No information shall be released to the requester until
9    expiration of a 10 day period. This 10 day period shall not
10    apply to requests for information made by law enforcement
11    officials, government agencies, financial institutions,
12    attorneys, insurers, employers, automobile associated
13    businesses, persons licensed as a private detective or
14    firms licensed as a private detective agency under the
15    Private Detective, Private Alarm, Private Security,
16    Fingerprint Vendor, and Locksmith Act of 2004, who are
17    employed by or are acting on behalf of law enforcement
18    officials, government agencies, financial institutions,
19    attorneys, insurers, employers, automobile associated
20    businesses, and other business entities for purposes
21    consistent with the Illinois Vehicle Code, the affected
22    driver or other entities as the Secretary may exempt by
23    rule and regulation.
24        Any misrepresentation made by a requestor of driver
25    information shall be punishable as a petty offense, except
26    in the case of persons licensed as a private detective or

 

 

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1    firms licensed as a private detective agency which shall be
2    subject to disciplinary sanctions under Section 40-10 of
3    the Private Detective, Private Alarm, Private Security,
4    Fingerprint Vendor, and Locksmith Act of 2004.
5        4. The Secretary of State may furnish without fee, upon
6    the written request of a law enforcement agency, any
7    information from a driver's record on file with the
8    Secretary of State when such information is required in the
9    enforcement of this Code or any other law relating to the
10    operation of motor vehicles, including records of
11    dispositions; documented information involving the use of
12    a motor vehicle; whether such individual has, or previously
13    had, a driver's license; and the address and personal
14    description as reflected on said driver's record.
15        5. Except as otherwise provided in this Section, the
16    Secretary of State may furnish, without fee, information
17    from an individual driver's record on file, if a written
18    request therefor is submitted by any public transit system
19    or authority, public defender, law enforcement agency, a
20    state or federal agency, or an Illinois local
21    intergovernmental association, if the request is for the
22    purpose of a background check of applicants for employment
23    with the requesting agency, or for the purpose of an
24    official investigation conducted by the agency, or to
25    determine a current address for the driver so public funds
26    can be recovered or paid to the driver, or for any other

 

 

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1    purpose set forth in subsection (f-5) of this Section.
2        The Secretary may also furnish the courts a copy of an
3    abstract of a driver's record, without fee, subsequent to
4    an arrest for a violation of Section 11-501 or a similar
5    provision of a local ordinance. Such abstract may include
6    records of dispositions; documented information involving
7    the use of a motor vehicle as contained in the current
8    file; whether such individual has, or previously had, a
9    driver's license; and the address and personal description
10    as reflected on said driver's record.
11        6. Any certified abstract issued by the Secretary of
12    State or transmitted electronically by the Secretary of
13    State pursuant to this Section, to a court or on request of
14    a law enforcement agency, for the record of a named person
15    as to the status of the person's driver's license shall be
16    prima facie evidence of the facts therein stated and if the
17    name appearing in such abstract is the same as that of a
18    person named in an information or warrant, such abstract
19    shall be prima facie evidence that the person named in such
20    information or warrant is the same person as the person
21    named in such abstract and shall be admissible for any
22    prosecution under this Code and be admitted as proof of any
23    prior conviction or proof of records, notices, or orders
24    recorded on individual driving records maintained by the
25    Secretary of State.
26        7. Subject to any restrictions contained in the

 

 

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1    Juvenile Court Act of 1987, and upon receipt of a proper
2    request and a fee of $6 before October 1, 2003 and a fee of
3    $12 on or after October 1, 2003, the Secretary of State
4    shall provide a driver's record to the affected driver, or
5    the affected driver's attorney, upon verification. Such
6    record shall contain all the information referred to in
7    paragraph 1 of this subsection (g) plus: any recorded
8    accident involvement as a driver; information recorded
9    pursuant to subsection (e) of Section 6-117 and paragraph
10    (4) of subsection (a) of Section 6-204 of this Code. All
11    other information, unless otherwise permitted by this
12    Code, shall remain confidential.
13    (g-5) Beginning October 1, 2011, each person or agency
14requesting a driver's record in accordance with subsection (g)
15of this Section shall, in addition to all other applicable
16fees, pay a $3 surcharge. All proceeds from this surcharge
17shall be deposited into the Fire Prevention Fund.
18    (h) The Secretary shall not disclose social security
19numbers or any associated information obtained from the Social
20Security Administration except pursuant to a written request
21by, or with the prior written consent of, the individual
22except: (1) to officers and employees of the Secretary who have
23a need to know the social security numbers in performance of
24their official duties, (2) to law enforcement officials for a
25lawful, civil or criminal law enforcement investigation, and if
26the head of the law enforcement agency has made a written

 

 

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1request to the Secretary specifying the law enforcement
2investigation for which the social security numbers are being
3sought, (3) to the United States Department of Transportation,
4or any other State, pursuant to the administration and
5enforcement of the Commercial Motor Vehicle Safety Act of 1986,
6(4) pursuant to the order of a court of competent jurisdiction,
7(5) to the Department of Healthcare and Family Services
8(formerly Department of Public Aid) for utilization in the
9child support enforcement duties assigned to that Department
10under provisions of the Illinois Public Aid Code after the
11individual has received advanced meaningful notification of
12what redisclosure is sought by the Secretary in accordance with
13the federal Privacy Act, or (6) to the Illinois Department of
14Revenue solely for use by the Department in the collection of
15any tax or debt that the Department of Revenue is authorized or
16required by law to collect, provided that the Department shall
17not disclose the social security number to any person or entity
18outside of the Department.
19    (i) (Blank).
20    (j) Medical statements or medical reports received in the
21Secretary of State's Office shall be confidential. No
22confidential information may be open to public inspection or
23the contents disclosed to anyone, except officers and employees
24of the Secretary who have a need to know the information
25contained in the medical reports and the Driver License Medical
26Advisory Board, unless so directed by an order of a court of

 

 

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1competent jurisdiction.
2    (k) All fees collected under this Section shall be paid
3into the Road Fund of the State Treasury, except that (i) for
4fees collected before October 1, 2003, $3 of the $6 fee for a
5driver's record shall be paid into the Secretary of State
6Special Services Fund, (ii) for fees collected on and after
7October 1, 2003, of the $12 fee for a driver's record, $3 shall
8be paid into the Secretary of State Special Services Fund and
9$6 shall be paid into the General Revenue Fund, and (iii) for
10fees collected on and after October 1, 2003, 50% of the amounts
11collected pursuant to subsection (b) shall be paid into the
12General Revenue Fund.
13    (l) (Blank).
14    (m) Notations of accident involvement that may be disclosed
15under this Section shall not include notations relating to
16damage to a vehicle or other property being transported by a
17tow truck. This information shall remain confidential,
18provided that nothing in this subsection (m) shall limit
19disclosure of any notification of accident involvement to any
20law enforcement agency or official.
21    (n) Requests made by the news media for driver's license,
22vehicle, or title registration information may be furnished
23without charge or at a reduced charge, as determined by the
24Secretary, when the specific purpose for requesting the
25documents is deemed to be in the public interest. Waiver or
26reduction of the fee is in the public interest if the principal

 

 

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1purpose of the request is to access and disseminate information
2regarding the health, safety, and welfare or the legal rights
3of the general public and is not for the principal purpose of
4gaining a personal or commercial benefit. The information
5provided pursuant to this subsection shall not contain
6personally identifying information unless the information is
7to be used for one of the purposes identified in subsection
8(f-5) of this Section.
9    (o) The redisclosure of personally identifying information
10obtained pursuant to this Section is prohibited, except to the
11extent necessary to effectuate the purpose for which the
12original disclosure of the information was permitted.
13    (p) The Secretary of State is empowered to adopt rules to
14effectuate this Section.
15(Source: P.A. 95-201, eff. 1-1-08; 95-287, eff. 1-1-08; 95-331,
16eff. 8-21-07; 95-613, eff. 9-11-07; 95-876, eff. 8-21-08;
1796-1383, eff. 1-1-11.)