101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1344

 

Introduced 2/7/2019, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that "personally identifying information" includes, among other things, an individual's date of birth, height, weight, hair color, eye color, email address, and registration plate number. Restricts the release of personally identifying information within the Secretary of State's office to employees who have a need to know the information for issuance of driver's licenses, permits, or identification cards and investigation of fraud or misconduct. Provides that the Secretary may release highly restricted personal information only to: (1) officers and employees of the Secretary who have a need to access the information for the issuance of driver's licenses, permits, or identification cards and investigation of fraud or misconduct, (2) law enforcement officials for a criminal or civil law enforcement investigation, (3) the State Board of Elections for the purpose of providing the signature for completion of voter registration, and (4) any other entity the Secretary has authorized by rule. Provides that photos, signatures, and documents proving an applicant's identity for the obtainment of an identification card or driver's license are confidential and shall not be disclosed except to: (i) the individual to whom the card was issued, upon written request, (ii) officers and employees of the Secretary of State who have a need to have access to the stored images for purposes of issuing and controlling driver's licenses, permits, or identification cards and investigation of fraud or misconduct, (iii) law enforcement officials for a civil or criminal law enforcement investigation, and (iv) other entities that the Secretary may exempt by rule. Provides that the Secretary retains the right to require additional verification regarding the validity of a request from law enforcement to access social security information and that, if social security information is disclosed by the Secretary for official purposes, no liability shall rest with the Office of the Secretary of State or any of its officers or employees. Effective immediately.


LRB101 07747 TAE 52796 b

 

 

A BILL FOR

 

SB1344LRB101 07747 TAE 52796 b

1    AN ACT concerning the Secretary of State.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Sections 1A and 11 as follows:
 
6    (15 ILCS 335/1A)
7    Sec. 1A. Definitions. As used in this Act:
8    "Highly restricted personal information" means an
9individual's photograph, signature, social security number,
10and medical or disability information.
11    "Identification card making implement" means any material,
12hardware, or software that is specifically designed for or
13primarily used in the manufacture, assembly, issuance, or
14authentication of an official identification card issued by the
15Secretary of State.
16    "Fraudulent identification card" means any identification
17card that purports to be an official identification card for
18which a computerized number and file have not been created by
19the Secretary of State, the United States Government or any
20state or political subdivision thereof, or any governmental or
21quasi-governmental organization. For the purpose of this Act,
22any identification card that resembles an official
23identification card in either size, color, photograph

 

 

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1location, or design or uses the word "official", "state",
2"Illinois", or the name of any other state or political
3subdivision thereof, or any governmental or quasi-governmental
4organization individually or in any combination thereof to
5describe or modify the term "identification card" or "I.D.
6card" anywhere on the card, or uses a shape in the likeness of
7Illinois or any other state on the photograph side of the card,
8is deemed to be a fraudulent identification card unless the
9words "This is not an official Identification Card", appear
10prominently upon it in black colored lettering in 12-point type
11on the photograph side of the card, and no such card shall be
12smaller in size than 3 inches by 4 inches, and the photograph
13shall be on the left side of the card only.
14    "Legal name" means the full given name and surname of an
15individual as recorded at birth, recorded at marriage, or
16deemed as the correct legal name for use in reporting income by
17the Social Security Administration or the name as otherwise
18established through legal action that appears on the associated
19official document presented to the Secretary of State.
20    "Personally identifying information" means information
21that identifies an individual, including his or her
22identification card number, name, address (but not the 5-digit
23zip code), date of birth, height, weight, hair color, eye
24color, email address, and telephone number.
25    "Homeless person" or "homeless individual" has the same
26meaning as defined by the federal McKinney-Vento Homeless

 

 

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1Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
2    "Youth for whom the Department of Children and Family
3Services is legally responsible" or "foster child" means a
4child or youth whose guardianship or custody has been accepted
5by the Department of Children and Family Services pursuant to
6the Juvenile Court Act of 1987, the Children and Family
7Services Act, the Abused and Neglected Child Reporting Act, and
8the Adoption Act. This applies to children for whom the
9Department of Children and Family Services has temporary
10protective custody, custody or guardianship via court order, or
11children whose parents have signed an adoptive surrender or
12voluntary placement agreement with the Department.
13    "REAL ID compliant identification card" means a standard
14Illinois Identification Card or Illinois Person with a
15Disability Identification Card issued in compliance with the
16REAL ID Act and implementing regulations. REAL ID compliant
17identification cards shall bear a security marking approved by
18the United States Department of Homeland Security.
19    "Non-compliant identification card" means a standard
20Illinois Identification Card or Illinois Person with a
21Disability Identification Card issued in a manner which is not
22compliant with the REAL ID Act and implementing regulations.
23Non-compliant identification cards shall be marked "Not for
24Federal Identification" and shall have a color or design
25different from the REAL ID compliant identification card.
26    "Limited Term REAL ID compliant identification card" means

 

 

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1a REAL ID compliant identification card issued to persons who
2are not permanent residents or citizens of the United States,
3and marked "Limited Term" on the face of the card.
4(Source: P.A. 99-659, eff. 7-28-17; 100-201, eff. 8-18-17;
5100-248, eff. 8-22-17.)
 
6    (15 ILCS 335/11)  (from Ch. 124, par. 31)
7    Sec. 11. Records.
8    (a) The Secretary may make a search of his records and
9furnish information as to whether a person has a current
10Standard Illinois Identification Card or an Illinois Person
11with a Disability Identification Card then on file, upon
12receipt of a written application therefor accompanied with the
13prescribed fee. However, the Secretary may not disclose medical
14information concerning an individual to any person, public
15agency, private agency, corporation or governmental body
16unless the individual has submitted a written request for the
17information or unless the individual has given prior written
18consent for the release of the information to a specific person
19or entity. This exception shall not apply to: (1) offices and
20employees of the Secretary who have a need to know the medical
21information in performance of their official duties, or (2)
22orders of a court of competent jurisdiction. When medical
23information is disclosed by the Secretary in accordance with
24the provisions of this Section, no liability shall rest with
25the Office of the Secretary of State as the information is

 

 

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1released for informational purposes only.
2    (b) The Secretary may release personally identifying
3information or highly restricted personal information only to:
4        (1) officers and employees of the Secretary who have a
5    need to know that information for issuance of driver's
6    licenses, permits, or identification cards and
7    investigation of fraud or misconduct;
8        (2) other governmental agencies for use in their
9    official governmental functions;
10        (3) law enforcement agencies that need the information
11    for a criminal or civil investigation;
12        (3-5) the State Board of Elections for the purpose of
13    providing the signatures required by a local election
14    authority to register a voter through an online voter
15    registration system or as may be required by an agreement
16    the State Board of Elections has entered into with a
17    multi-state voter registration list maintenance system; or
18        (4) any entity that the Secretary has authorized, by
19    rule, to receive this information.
20    (c) The Secretary may release highly restricted personal
21information only to:
22        (1) officers and employees of the Secretary who have a
23    need to access the information for the issuance of driver's
24    licenses, permits, or identification cards and
25    investigation of fraud or misconduct;
26        (2) law enforcement officials for a criminal or civil

 

 

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1    law enforcement investigation;
2        (3) the State Board of Elections for the purpose of
3    providing the signature for completion of voter
4    registration; or
5        (4) any other entity the Secretary has authorized by
6    rule.
7    (d) Documents required to be submitted with an application
8for an identification card to prove the applicant's identity
9(name and date of birth), social security number, written
10signature, residency, and, as applicable, proof of lawful
11status shall be confidential and shall not be disclosed except
12to the following persons:
13        (1) the individual to whom the identification card was
14    issued, upon written request;
15        (2) officers and employees of the Secretary of State
16    who have a need to have access to the stored images for
17    purposes of issuing and controlling driver's licenses,
18    permits, or identification cards and investigation of
19    fraud or misconduct;
20        (3) law enforcement officials for a civil or criminal
21    law enforcement investigation;
22        (4) other entities that the Secretary may exempt by
23    rule.
24    (e) The Secretary may not disclose an individual's social
25security number or any associated information obtained from the
26Social Security Administration without the written request or

 

 

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1consent of the individual except: (i) to officers and employees
2of the Secretary who have a need to know the social security
3number in the performance of their official duties; (ii) to law
4enforcement officials for a lawful civil or criminal law
5enforcement investigation if an officer the head of the law
6enforcement agency has made a written request to the Secretary
7specifying the law enforcement investigation for which the
8social security number is being sought; (iii) under a lawful
9court order signed by a judge; or (iv) to the Illinois
10Department of Veterans' Affairs for the purpose of confirming
11veteran status to agencies in other states responsible for the
12issuance of state identification cards for participation in
13State-to-State verification service; or (v) the last 4 digits
14to the Illinois State Board of Elections for purposes of voter
15registration and as may be required pursuant to an agreement
16for a multi-state voter registration list maintenance system.
17The Secretary retains the right to require additional
18verification regarding the validity of a request from law
19enforcement. If social security information is disclosed by the
20Secretary in accordance with this Section, no liability shall
21rest with the Office of the Secretary of State or any of its
22officers or employees, as the information is released for
23official purposes only.
24(Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13;
2598-115, eff. 7-29-13; 98-463, eff. 8-16-13; 98-1171, eff.
266-1-15.)
 

 

 

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1    Section 10. The Illinois Vehicle Code is amended by
2changing Sections 1-159.2, 2-123, and 6-110.1 and by adding
3Section 6-110.2 as follows:
 
4    (625 ILCS 5/1-159.2)
5    Sec. 1-159.2. Personally identifying information.
6Information that identifies an individual, including his or her
7driver's license driver identification number, name, address
8(but not the 5 digit zip code), date of birth, height, weight,
9hair color, eye color, registration plate number, email
10address, and telephone number, but "personally identifying
11information" does not include information on vehicular
12accidents, driving violations, and driver's status.
13(Source: P.A. 92-32, eff. 7-1-01; 93-895, eff. 1-1-05.)
 
14    (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)
15    Sec. 2-123. Sale and distribution of information.
16    (a) Except as otherwise provided in this Section, the
17Secretary may make the driver's license, vehicle and title
18registration lists, in part or in whole, and any statistical
19information derived from these lists available to local
20governments, elected state officials, state educational
21institutions, and all other governmental units of the State and
22Federal Government requesting them for governmental purposes.
23The Secretary shall require any such applicant for services to

 

 

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1pay for the costs of furnishing such services and the use of
2the equipment involved, and in addition is empowered to
3establish prices and charges for the services so furnished and
4for the use of the electronic equipment utilized.
5    (b) The Secretary is further empowered to and he may, in
6his discretion, furnish to any applicant, other than listed in
7subsection (a) of this Section, vehicle or driver data on a
8computer tape, disk, other electronic format or computer
9processable medium, or printout at a fixed fee of $250 for
10orders received before October 1, 2003 and $500 for orders
11received on or after October 1, 2003, in advance, and require
12in addition a further sufficient deposit based upon the
13Secretary of State's estimate of the total cost of the
14information requested and a charge of $25 for orders received
15before October 1, 2003 and $50 for orders received on or after
16October 1, 2003, per 1,000 units or part thereof identified or
17the actual cost, whichever is greater. The Secretary is
18authorized to refund any difference between the additional
19deposit and the actual cost of the request. This service shall
20not be in lieu of an abstract of a driver's record nor of a
21title or registration search. This service may be limited to
22entities purchasing a minimum number of records as required by
23administrative rule. The information sold pursuant to this
24subsection shall be the entire vehicle or driver data list, or
25part thereof. The information sold pursuant to this subsection
26shall not contain personally identifying information unless

 

 

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1the information is to be used for one of the purposes
2identified in subsection (f-5) of this Section. Commercial
3purchasers of driver and vehicle record databases shall enter
4into a written agreement with the Secretary of State that
5includes disclosure of the commercial use of the information to
6be purchased.
7    (b-1) The Secretary is further empowered to and may, in his
8or her discretion, furnish vehicle or driver data on a computer
9tape, disk, or other electronic format or computer processible
10medium, at no fee, to any State or local governmental agency
11that uses the information provided by the Secretary to transmit
12data back to the Secretary that enables the Secretary to
13maintain accurate driving records, including dispositions of
14traffic cases. This information may be provided without fee not
15more often than once every 6 months.
16    (c) Secretary of State may issue registration lists. The
17Secretary of State may compile a list of all registered
18vehicles. Each list of registered vehicles shall be arranged
19serially according to the registration numbers assigned to
20registered vehicles and may contain in addition the names and
21addresses of registered owners and a brief description of each
22vehicle including the serial or other identifying number
23thereof. Such compilation may be in such form as in the
24discretion of the Secretary of State may seem best for the
25purposes intended.
26    (d) The Secretary of State shall furnish no more than 2

 

 

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1current available lists of such registrations to the sheriffs
2of all counties and to the chiefs of police of all cities and
3villages and towns of 2,000 population and over in this State
4at no cost. Additional copies may be purchased by the sheriffs
5or chiefs of police at the fee of $500 each or at the cost of
6producing the list as determined by the Secretary of State.
7Such lists are to be used for governmental purposes only.
8    (e) (Blank).
9    (e-1) (Blank).
10    (f) The Secretary of State shall make a title or
11registration search of the records of his office and a written
12report on the same for any person, upon written application of
13such person, accompanied by a fee of $5 for each registration
14or title search. The written application shall set forth the
15intended use of the requested information. No fee shall be
16charged for a title or registration search, or for the
17certification thereof requested by a government agency. The
18report of the title or registration search shall not contain
19personally identifying information unless the request for a
20search was made for one of the purposes identified in
21subsection (f-5) of this Section. The report of the title or
22registration search shall not contain highly restricted
23personal information unless specifically authorized by this
24Code.
25    The Secretary of State shall certify a title or
26registration record upon written request. The fee for

 

 

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

 

 

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1shall be subject to disciplinary sanctions under Section 40-10
2of the Private Detective, Private Alarm, Private Security,
3Fingerprint Vendor, and Locksmith Act of 2004.
4    (f-5) The Secretary of State shall not disclose or
5otherwise make available to any person or entity any personally
6identifying information obtained by the Secretary of State in
7connection with a driver's license, vehicle, or title
8registration record unless the information is disclosed for one
9of the following purposes:
10        (1) For use by any government agency, including any
11    court or law enforcement agency, in carrying out its
12    functions, or any private person or entity acting on behalf
13    of a federal, State, or local agency in carrying out its
14    functions.
15        (2) For use in connection with matters of motor vehicle
16    or driver safety and theft; motor vehicle emissions; motor
17    vehicle product alterations, recalls, or advisories;
18    performance monitoring of motor vehicles, motor vehicle
19    parts, and dealers; and removal of non-owner records from
20    the original owner records of motor vehicle manufacturers.
21        (3) For use in the normal course of business by a
22    legitimate business or its agents, employees, or
23    contractors, but only:
24            (A) to verify the accuracy of personal information
25        submitted by an individual to the business or its
26        agents, employees, or contractors; and

 

 

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1            (B) if such information as so submitted is not
2        correct or is no longer correct, to obtain the correct
3        information, but only for the purposes of preventing
4        fraud by, pursuing legal remedies against, or
5        recovering on a debt or security interest against, the
6        individual.
7        (4) For use in research activities and for use in
8    producing statistical reports, if the personally
9    identifying information is not published, redisclosed, or
10    used to contact individuals.
11        (5) For use in connection with any civil, criminal,
12    administrative, or arbitral proceeding in any federal,
13    State, or local court or agency or before any
14    self-regulatory body, including the service of process,
15    investigation in anticipation of litigation, and the
16    execution or enforcement of judgments and orders, or
17    pursuant to an order of a federal, State, or local court.
18        (6) For use by any insurer or insurance support
19    organization or by a self-insured entity or its agents,
20    employees, or contractors in connection with claims
21    investigation activities, antifraud activities, rating, or
22    underwriting.
23        (7) For use in providing notice to the owners of towed
24    or impounded vehicles.
25        (8) For use by any person licensed as a private
26    detective or firm licensed as a private detective agency

 

 

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1    under the Private Detective, Private Alarm, Private
2    Security, Fingerprint Vendor, and Locksmith Act of 2004,
3    private investigative agency or security service licensed
4    in Illinois for any purpose permitted under this
5    subsection.
6        (9) For use by an employer or its agent or insurer to
7    obtain or verify information relating to a holder of a
8    commercial driver's license that is required under chapter
9    313 of title 49 of the United States Code.
10        (10) For use in connection with the operation of
11    private toll transportation facilities.
12        (11) For use by any requester, if the requester
13    demonstrates it has obtained the written consent of the
14    individual to whom the information pertains.
15        (12) For use by members of the news media, as defined
16    in Section 1-148.5, for the purpose of newsgathering when
17    the request relates to the operation of a motor vehicle or
18    public safety.
19        (13) For any other use specifically authorized by law,
20    if that use is related to the operation of a motor vehicle
21    or public safety.
22    (f-6) The Secretary of State shall not disclose or
23otherwise make available to any person or entity any highly
24restricted personal information obtained by the Secretary of
25State in connection with a driver's license, vehicle, or title
26registration record unless specifically authorized by this

 

 

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1Code.
2    (g) 1. The Secretary of State may, upon receipt of a
3written request and a fee as set forth in Section 6-118,
4furnish to the person or agency so requesting a driver's record
5or data contained therein. Such document may include a record
6of: current driver's license issuance information, except that
7the information on judicial driving permits shall be available
8only as otherwise provided by this Code; convictions; orders
9entered revoking, suspending or cancelling a driver's license
10or privilege; and notations of accident involvement. All other
11information, unless otherwise permitted by this Code, shall
12remain confidential. Information released pursuant to a
13request for a driver's record shall not contain personally
14identifying information, unless the request for the driver's
15record was made for one of the purposes set forth in subsection
16(f-5) of this Section. The Secretary of State may, without fee,
17allow a parent or guardian of a person under the age of 18
18years, who holds an instruction permit or graduated driver's
19license, to view that person's driving record online, through a
20computer connection. The parent or guardian's online access to
21the driving record will terminate when the instruction permit
22or graduated driver's license holder reaches the age of 18.
23    2. The Secretary of State shall not disclose or otherwise
24make available to any person or entity any highly restricted
25personal information obtained by the Secretary of State in
26connection with a driver's license, vehicle, or title

 

 

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

 

 

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

 

 

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

 

 

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1    7. Subject to any restrictions contained in the Juvenile
2Court Act of 1987, and upon receipt of a proper request and a
3fee as set forth in Section 6-118, the Secretary of State shall
4provide a driver's record or data contained therein to the
5affected driver, or the affected driver's attorney, upon
6verification. Such record shall contain all the information
7referred to in paragraph 1 of this subsection (g) plus: any
8recorded accident involvement as a driver; information
9recorded pursuant to subsection (e) of Section 6-117 and
10paragraph (4) of subsection (a) of Section 6-204 of this Code.
11All other information, unless otherwise permitted by this Code,
12shall remain confidential.
13    (h) The Secretary shall not disclose social security
14numbers or any associated information obtained from the Social
15Security Administration except pursuant to a written request
16by, or with the prior written consent of, the individual
17except: (1) to officers and employees of the Secretary who have
18a need to know the social security numbers in performance of
19their official duties, (2) to law enforcement officials for a
20lawful, civil or criminal law enforcement investigation, and if
21an officer the head of the law enforcement agency has made a
22written request to the Secretary specifying the law enforcement
23investigation for which the social security numbers are being
24sought, though the Secretary retains the right to require
25additional verification regarding the validity of the request,
26(3) to the United States Department of Transportation, or any

 

 

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1other State, pursuant to the administration and enforcement of
2the Commercial Motor Vehicle Safety Act of 1986 or
3participation in State-to-State verification service, (4)
4pursuant to the order of a court of competent jurisdiction, (5)
5to the Department of Healthcare and Family Services (formerly
6Department of Public Aid) for utilization in the child support
7enforcement duties assigned to that Department under
8provisions of the Illinois Public Aid Code after the individual
9has received advanced meaningful notification of what
10redisclosure is sought by the Secretary in accordance with the
11federal Privacy Act, (5.5) to the Department of Healthcare and
12Family Services and the Department of Human Services solely for
13the purpose of verifying Illinois residency where such
14residency is an eligibility requirement for benefits under the
15Illinois Public Aid Code or any other health benefit program
16administered by the Department of Healthcare and Family
17Services or the Department of Human Services, (6) to the
18Illinois Department of Revenue solely for use by the Department
19in the collection of any tax or debt that the Department of
20Revenue is authorized or required by law to collect, provided
21that the Department shall not disclose the social security
22number to any person or entity outside of the Department, or
23(7) to the Illinois Department of Veterans' Affairs for the
24purpose of confirming veteran status, or (8) the last 4 digits
25to the Illinois State Board of Elections for purposes of voter
26registration and as may be required pursuant to an agreement

 

 

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1for a multi-state voter registration list maintenance system.
2If social security information is disclosed by the Secretary in
3accordance with this Section, no liability shall rest with the
4Office of the Secretary of State or any of its officers or
5employees, as the information is released for official purposes
6only.
7    (i) (Blank).
8    (j) Medical statements or medical reports received in the
9Secretary of State's Office shall be confidential. Except as
10provided in this Section, no confidential information may be
11open to public inspection or the contents disclosed to anyone,
12except officers and employees of the Secretary who have a need
13to know the information contained in the medical reports and
14the Driver License Medical Advisory Board, unless so directed
15by an order of a court of competent jurisdiction. If the
16Secretary receives a medical report regarding a driver that
17does not address a medical condition contained in a previous
18medical report, the Secretary may disclose the unaddressed
19medical condition to the driver or his or her physician, or
20both, solely for the purpose of submission of a medical report
21that addresses the condition.
22    (k) Disbursement of fees collected under this Section shall
23be as follows: (1) of the $12 fee for a driver's record, $3
24shall be paid into the Secretary of State Special Services
25Fund, and $6 shall be paid into the General Revenue Fund; (2)
2650% of the amounts collected under subsection (b) shall be paid

 

 

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1into the General Revenue Fund; and (3) all remaining fees shall
2be disbursed under subsection (g) of Section 2-119 of this
3Code.
4    (l) (Blank).
5    (m) Notations of accident involvement that may be disclosed
6under this Section shall not include notations relating to
7damage to a vehicle or other property being transported by a
8tow truck. This information shall remain confidential,
9provided that nothing in this subsection (m) shall limit
10disclosure of any notification of accident involvement to any
11law enforcement agency or official.
12    (n) Requests made by the news media for driver's license,
13vehicle, or title registration information may be furnished
14without charge or at a reduced charge, as determined by the
15Secretary, when the specific purpose for requesting the
16documents is deemed to be in the public interest. Waiver or
17reduction of the fee is in the public interest if the principal
18purpose of the request is to access and disseminate information
19regarding the health, safety, and welfare or the legal rights
20of the general public and is not for the principal purpose of
21gaining a personal or commercial benefit. The information
22provided pursuant to this subsection shall not contain
23personally identifying information unless the information is
24to be used for one of the purposes identified in subsection
25(f-5) of this Section.
26    (o) The redisclosure of personally identifying information

 

 

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1obtained pursuant to this Section is prohibited, except to the
2extent necessary to effectuate the purpose for which the
3original disclosure of the information was permitted.
4    (p) The Secretary of State is empowered to adopt rules to
5effectuate this Section.
6(Source: P.A. 99-127, eff. 1-1-16; 100-590, eff. 6-8-18;
7revised 10-11-18.)
 
8    (625 ILCS 5/6-110.1)
9    Sec. 6-110.1. Confidentiality of captured photographs or
10images. The Secretary of State shall maintain a file on or
11contract to file all photographs and signatures obtained in the
12process of issuing a driver's license, permit, or
13identification card. The photographs and signatures shall be
14confidential and shall not be disclosed except to the following
15persons:
16        (1) the individual upon written request;
17        (2) officers and employees of the Secretary of State
18    who have a need to have access to the stored images for
19    purposes of issuing and controlling driver's licenses,
20    permits, or identification cards and investigation of
21    fraud or misconduct;
22        (3) law enforcement officials for a lawful civil or
23    criminal law enforcement investigation;
24        (3-5) the State Board of Elections for the sole purpose
25    of providing the signatures required by a local election

 

 

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1    authority to register a voter through an online voter
2    registration system;
3        (3-10) officers and employees of the Secretary of State
4    who have a need to have access to the stored images for
5    purposes of issuing and controlling notary public
6    commissions and for the purpose of providing the signatures
7    required to process online applications for appointment
8    and commission as notaries public; or
9        (4) other entities that the Secretary may exempt by
10    rule.
11(Source: P.A. 98-115, eff. 7-29-13; 99-112, eff. 1-1-16.)
 
12    (625 ILCS 5/6-110.2 new)
13    Sec. 6-110.2. Confidentiality of documents submitted with
14an application for a driver's license. Documents required to be
15submitted with an application for a driver's license to prove
16the applicant's identity (name and date of birth), social
17security number, written signature, residency, and, as
18applicable, proof of lawful status shall be confidential and
19shall not be disclosed except to the following persons:
20        (1) the individual to whom the driver's license or
21    permit was issued, upon written request;
22        (2) officers and employees of the Secretary of State
23    who have a need to have access to the stored images for
24    purposes of issuing and controlling driver's licenses,
25    permits, or identification cards and investigation of

 

 

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1    fraud or misconduct;
2        (3) law enforcement officials for a civil or criminal
3    law enforcement investigation;
4        (4) other entities that the Secretary may authorize by
5    rule.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    15 ILCS 335/1A
4    15 ILCS 335/11from Ch. 124, par. 31
5    625 ILCS 5/1-159.2
6    625 ILCS 5/2-123from Ch. 95 1/2, par. 2-123
7    625 ILCS 5/6-110.1
8    625 ILCS 5/6-110.2 new