103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2978

 

Introduced 1/31/2024, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Vehicle Code. Creates the Driver and Motor Vehicle Records Data Privacy Law. Provides that the purpose is to comply with the federal Driver's Privacy Protection Act of 1994 in order to protect the interest of individuals in their personal privacy by prohibiting the disclosure and use of personal information contained in their motor vehicle record, except as authorized by the individual or by law. Adds provisions concerning: disclosure of social security number; confidentiality of captured photographs, signatures, and images; confidentiality of documents submitted with applications for driver's licenses and vehicle transactions; restrictions on use of information for immigration enforcement; disclosure with consent; permitted disclosures; fees; commercial requesters; access agreements; audits; redisclosures; prohibitions and violations; data system security breaches; procedural safeguards; and rules. Repeals provisions of the Illinois Vehicle Code regarding confidentiality of captured photographs and images; confidentiality of documents submitted with an application for a driver's license; restrictions on use of information; and sale and distribution of information.


LRB103 37104 MXP 67223 b

 

 

A BILL FOR

 

SB2978LRB103 37104 MXP 67223 b

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 by changing
5Section 1-100 and adding Article 2A as follows:
 
6    (625 ILCS 5/1-100)  (from Ch. 95 1/2, par. 1-100)
7    Sec. 1-100. Short Title. This Act may be cited as the
8Illinois Vehicle Code.
9    Portions of this Act may likewise be cited by a short title
10as follows:
11    Chapters 2, 3, 4 and 5: the Illinois Vehicle Title &
12Registration Law.
13    Chapter 2A: the Driver and Motor Vehicle Record Data
14Privacy Law.
15    Chapter 6: the Illinois Driver Licensing Law.
16    Chapter 7: the Illinois Safety and Family Financial
17Responsibility Law.
18    Chapter 11: the Illinois Rules of the Road.
19    Chapter 12: the Illinois Vehicle Equipment Law.
20    Chapter 13: the Illinois Vehicle Inspection Law.
21    Chapter 14: the Illinois Vehicle Equipment Safety Compact.
22    Chapter 15: the Illinois Size and Weight Law.
23    Chapter 17: the Illinois Highway Safety Law.

 

 

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1    Chapter 18a: the Illinois Commercial Relocation of
2Trespassing Vehicles Law.
3    Chapter 18b: the Illinois Motor Carrier Safety Law.
4    Chapter 18c: the Illinois Commercial Transportation Law.
5    Chapter 18d: The Illinois Commercial Safety Towing Law.
6(Source: P.A. 95-562, eff. 7-1-08.)
 
7    (625 ILCS 5/Ch. 2A heading new)
8
CHAPTER 2A. DRIVER AND MOTOR VEHICLE RECORD PRIVACY

 
9    (625 ILCS 5/2A-101 new)
10    Sec. 2A-101. Statement of intent and purpose. The purpose
11of this Chapter is to comply with the federal Driver's Privacy
12Protection Act of 1994 in order to protect the interest of
13individuals in their personal privacy by prohibiting the
14disclosure and use of personal information contained in their
15motor vehicle record, except as authorized by the individual
16or by law.
 
17    (625 ILCS 5/2A-102 new)
18    Sec. 2A-102. Definitions. As used in this Chapter:
19    "Access agreement" means an agreement between the
20Secretary and any person, governmental entity, or private
21party for access to the Secretary of State's electronic motor
22vehicle records.
23    "Breach of the security of the system data" or "breach"

 

 

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1means unauthorized acquisition of computerized data that
2compromises the security, confidentiality, or integrity of
3personally identifying information maintained by an authorized
4recipient. "Breach of the security of the system data" does
5not include good faith acquisition of personally identifying
6information by an employee or agent of the authorized
7recipient for an authorized purpose under this Chapter if the
8personally identifying information is not used for a purpose
9unrelated to the authorized purpose for which the personal
10identifying information as obtained or subject to further
11unauthorized disclosure.
12    "Disclose" means to engage in any practice or conduct to
13make available and make known personal information contained
14in a motor vehicle record about a person to any person,
15organization, or entity, by any means of communication.
16    "Motor vehicle record" means any record that pertains to a
17motor vehicle operator's permit, including, but not limited
18to, a commercial learner's permit, driver's license,
19instruction permit, monitoring device driving permit,
20probationary license or restricted driving permit, motor
21vehicle title, motor vehicle registration, or identification
22card issued by the Secretary of State.
23    "Private party" means any natural person, firm,
24co-partnership, association, or business entity other than a
25governmental entity.
26    "Private toll transportation facility" means any toll

 

 

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1operated or maintained on the roads, highways, or interstates
2by a nongovernmental entity.
3    "Requester" means a person, private party, or governmental
4entity requesting motor vehicle records or other information
5from the Secretary of State.
 
6    (625 ILCS 5/2A-103 new)
7    Sec. 2A-103. Prohibition on disclosure of social security
8number.
9    (a) The Secretary shall not disclose a social security
10number provided to the Secretary of State in connection with a
11motor vehicle record, whether an applicant provided a social
12security number, or any associated information obtained from
13the Social Security Administration except pursuant to a
14written request by, or with the prior written consent of, the
15individual, except:
16        (1) to officers and employees of the Secretary who
17    have a need to know the social security numbers in
18    performance of their official duties;
19        (2) to law enforcement officials for a civil or
20    criminal law enforcement investigation, and if an officer
21    of the law enforcement agency has made a written request
22    to the Secretary specifying the law enforcement
23    investigation for which the social security numbers are
24    being sought, though the Secretary retains the right to
25    require additional verification regarding the validity of

 

 

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1    the request;
2        (3) to the United States Department of Transportation
3    or any other state, pursuant to the administration and
4    enforcement of the Commercial Motor Vehicle Safety Act of
5    1986 or participation in state-to-state verification
6    service;
7        (4) pursuant to the order of a court of or a subpoena
8    issued by a court;
9        (5) to the Department of Healthcare and Family
10    Services for utilization in the child support enforcement
11    duties assigned to that Department under provisions of the
12    Illinois Public Aid Code after the individual has received
13    advanced notification of what redisclosure is sought by
14    the Secretary in accordance with the federal Privacy Act;
15        (6) to the Department of Healthcare and Family
16    Services and the Department of Human Services solely for
17    the purpose of verifying identity and Illinois residency
18    where such residency is an eligibility requirement for
19    benefits under the Illinois Public Aid Code or any other
20    health benefit program administered by the Department of
21    Healthcare and Family Services or the Department of Human
22    Services;
23        (7) to the Illinois Department of Revenue solely for
24    use by the Department in the collection of any tax or debt
25    that the Department of Revenue is authorized or required
26    by law to collect, provided that the Department shall not

 

 

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1    disclose the social security number to any person or
2    entity outside the Department;
3        (8) to the Illinois Department of Veterans' Affairs
4    for the purpose of confirming veteran status;
5        (9) the last 4 digits to the Illinois State Board of
6    Elections for purposes of voter registration and as may be
7    required pursuant to an agreement for a multi-state voter
8    registration list maintenance system. If social security
9    information is disclosed by the Secretary in accordance
10    with this Section, no liability shall rest with the Office
11    of the Secretary of State or any of its officers or
12    employees, as the information is released for official
13    purposes only; or
14        (10) to the United States Selective Service for
15    purposes of Selective Service registration.
16    (b) An Illinois governmental agency that receives an
17individual's social security number under subsection (a) of
18this Section may not redisclose the social security number
19except as required by law. An Illinois governmental agency
20that rediscloses a social security number as authorized by
21this subsection shall maintain records for a minimum of 5
22years that identify every entity to which the government
23agency provided the social security number. Records kept in
24accordance with this subsection must be made available to the
25Secretary upon request.
26    (c) Nothing in this Section prohibits an individual from

 

 

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1having access to that individual's own social security number
2that was provided to the Secretary in connection with a motor
3vehicle record.
4    (d) Knowingly obtaining or using a social security number
5from a motor vehicle record in violation of this Section is a
6Class A misdemeanor.
7    (e) Any person who uses or acquires a social security
8number in violation of this Section that subjects the
9Secretary to any liability or claim shall indemnify and hold
10harmless the Secretary from all such liabilities and claims,
11including attorney fees and court costs, incurred in any
12action.
 
13    (625 ILCS 5/2A-104 new)
14    Sec. 2A-104. Confidentiality of captured photographs,
15signatures, or images.
16    (a) The Secretary of State shall maintain all photographs,
17signatures and images obtained in the process of issuing a
18driver's license, permit, identification card, or in
19connection to a Certificate of Title or vehicle registration.
20Except as otherwise provided in this Section, the photographs,
21signatures, and images shall be confidential and shall not be
22disclosed except to the following persons:
23        (1) the individual upon written request;
24        (2) officers and employees of the Secretary of State
25    who have a need to have access to the stored photographs,

 

 

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1    signatures, and images for purposes of issuing and
2    controlling driver's licenses, permits, or identification
3    cards and investigation of fraud or misconduct;
4        (3) law enforcement officials for a civil or criminal
5    law enforcement investigation;
6        (4) the State Board of Elections for the sole purpose
7    of providing the signatures required by a local election
8    authority to register a voter through an online voter
9    registration system;
10        (5) officers and employees of the Secretary of State
11    who have a need to have access to the stored photographs,
12    signatures, and images for purposes of issuing and
13    controlling notary public commissions and for the purpose
14    of providing the signatures required to process online
15    applications for appointment and commission as notaries
16    public; or
17        (6) other entities that the Secretary may authorize by
18    rule.
19    (b) The Secretary of State shall not provide facial
20recognition search services or photographs obtained in the
21process of issuing a driver's license or permit to any
22federal, state, or local law enforcement agency or other
23governmental entity for the purpose of enforcing federal
24immigration laws and in accordance with Section 2A-106. This
25subsection shall not apply to requests from federal, state, or
26local law enforcement agencies or other governmental entities

 

 

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1for facial recognition search services or photographs obtained
2in the process of issuing a driver's license or permit when the
3purpose of the request relates to criminal activity other than
4violations of immigration laws.
 
5    (625 ILCS 5/2A-105 new)
6    Sec. 2A-105. Confidentiality of documents submitted with
7an application for driver's licenses and vehicle transactions.
8Documents required to be submitted with an application for a
9Certificate of Title, vehicle registration, or driver's
10license to prove the applicant's identity (name and date of
11birth), social security number or lack of a social security
12number, written signature, residency, and, as applicable,
13citizenship or immigration status and country of citizenship
14shall be confidential and shall not be disclosed except to the
15following persons:
16        (1) the individual to whom the Certificate of Title,
17    vehicle registration, or driver's license or permit was
18    issued, upon written request;
19        (2) officers and employees of the Secretary of State
20    who have a need to access the stored photographs,
21    signatures, and images for purposes of issuing and
22    controlling vehicle titling or vehicle registration,
23    driver's licenses, permits, or identification cards and
24    investigation of fraud or misconduct;
25        (3) law enforcement officials for a civil or criminal

 

 

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1    law enforcement investigation, except as restricted by
2    this Chapter;
3        (4) other entities that the Secretary may authorize by
4    rule.
 
5    (625 ILCS 5/2A-106 new)
6    Sec. 2A-106. Restrictions on use of information for
7immigration enforcement.
8    (a) Notwithstanding any other provision of law, the
9Secretary may not release or make accessible in any manner any
10highly restricted personal information as defined in Section
111-125.9 or personally identifying information as defined in
12Section 1-159.2, provide images, photos, or facial recognition
13services as described in Section 2A-104 or disclose documents
14as described in Section 2A-105 to any immigration agent as
15defined in Section 10 of the Illinois TRUST Act, unless
16necessary to comply with the following, to the extent that
17production of such information or documents is specifically
18required:
19        (1) a lawful court order;
20        (2) a judicial warrant signed by a judge appointed
21    pursuant to Article III of the Constitution of the United
22    States; or
23        (3) a subpoena for individual records issued by a
24    federal or State court.
25    When responding to such a court order, warrant, or

 

 

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1subpoena, the Secretary shall disclose only those documents or
2information specifically requested. Within 3 business days
3after receiving such a court order, warrant, or subpoena, the
4Secretary shall send a notification to the individual about
5whom such information was requested that a court order,
6warrant, or subpoena was received and the identity of the
7entity that presented the court order, warrant, or subpoena.
8    (b) The Secretary shall not enter into or maintain any
9agreement regarding the sharing of any highly restricted
10personal information as defined in Section 1-125.9, personally
11identifying information as defined in Section 1-159.2, images
12or photos described in Section 6-110.1, or documents described
13in Section 6-110.2 unless all other parties to such agreement
14certify that the information obtained will not be used for
15civil immigration purposes or knowingly disseminated to any
16third party for any purpose related to civil immigration
17enforcement.
 
18    (625 ILCS 5/2A-107 new)
19    Sec. 2A-107. Confidentiality of documents submitted with
20an application for a driver's license. Documents required to
21be submitted with an application for a driver's license to
22prove the applicant's identity (name and date of birth),
23social security number or lack of a social security number,
24written signature, residency, and, as applicable, citizenship
25or immigration status and country of citizenship shall be

 

 

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1confidential and shall not be disclosed except to the
2following persons:
3        (1) the individual to whom the driver's license or
4    permit was issued, upon written request;
5        (2) officers and employees of the Secretary of State
6    who have a need to have access to the stored photographs,
7    signatures and images for purposes of issuing and
8    controlling driver's licenses, permits, or identification
9    cards and investigation of fraud or misconduct;
10        (3) law enforcement officials for a civil or criminal
11    law enforcement investigation, except as restricted by
12    Section 2A-106;
13        (4) other entities that the Secretary may authorize by
14    rule.
 
15    (625 ILCS 5/2A-108 new)
16    Sec. 2A-108. Disclosure with consent. Personally
17identifying information as defined in this Code may be
18disclosed upon request if the person making the request is the
19subject of the information or the person making the request
20demonstrates in such form and manner as the Secretary
21prescribes that the person has obtained the written consent of
22the person who is the subject of the information.
 
23    (625 ILCS 5/2A-109 new)
24    Sec. 2A-109. Permitted disclosures.

 

 

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1    (a) Except as otherwise provided in this Section, the
2Secretary may make the driver's license, vehicle and title
3registration lists, in part or in whole, and any statistical
4information derived from these lists available to local
5governments, elected State officials, State educational
6institutions, and all other governmental units of the State or
7federal government requesting them for governmental purposes.
8The Secretary shall require any such applicant for services to
9pay for the costs of furnishing such services and in addition
10is empowered to establish prices and charges for the services
11so furnished.
12    (b) The Secretary is further empowered to and may, in the
13Secretary's discretion, furnish to any applicant other than
14listed in subsection (a) of this Section, vehicle or driver
15data via digital transmission at a fixed fee of $500, in
16advance, and a charge of $50, per 1,000 motor vehicle records
17or part thereof. This service shall not be in lieu of an
18abstract of a driver's record nor of a title or registration
19search. This information sold pursuant to this subsection may
20be the entire vehicle or driver data list, or part thereof. The
21information sold pursuant to this subsection shall not contain
22personally identifying information unless the information is
23to be used for one of the purposes identified in subsection
24(d-5) of this Section and may not be used for solicitation in
25any form or manner. Commercial purchasers of driver and
26vehicle record databases shall enter into a written access

 

 

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1agreement with the Secretary that includes disclosure of the
2commercial use of the information to be purchased.
3    (c) The Secretary may compile a list of all registered
4vehicles. Each list of registered vehicles shall be arranged
5serially according to the registration numbers assigned to
6registered vehicles and may contain in addition the names and
7addresses of registered owners and a brief description of each
8vehicle including the serial or other identifying number
9thereof. Such compilation may be in such form as in the
10discretion of the Secretary may deem best for the purposes
11intended.
12    (d) The Secretary shall make a title or registration
13search of the records of his office and a written report on the
14same for any person, upon written application of such person,
15accompanied by a fee of $5 for each registration or title
16search. The written application shall set forth the intended
17use of the requested information. No fee shall be charged for a
18title or registration search, or for the certification
19thereof, requested by a government agency. The report of the
20title or registration search shall not contain personally
21identifying information unless the request for a search was
22made for one of the purposes identified in subsection (e) of
23this Section. The report of the title or registration search
24shall not contain highly restricted personal information
25unless specifically authorized by this Chapter.
26    The Secretary shall certify a title or registration record

 

 

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1upon written request. The fee for certification shall be $5 in
2addition to the fee required for a title or registration
3search. Certification shall be made under the signature of the
4Secretary and shall be authenticated by Seal of the Secretary.
5    The Secretary may notify the vehicle owner or registrant
6of the request for purchase of his title or registration
7information as the Secretary deems appropriate. No information
8shall be released to the requester until expiration of a
910-day period. This 10-day period shall not apply to requests
10for information made by law enforcement officials, government
11agencies, financial institutions, attorneys, insurers,
12employers, automobile associated businesses, the vehicle owner
13or registrant or other entities as the Secretary may deem by
14rule and regulation.
15    (e) The Secretary shall not disclose or otherwise make
16available to any person or entity any personally identifying
17information obtained by the Secretary in connection with a
18motor vehicle record unless the information is disclosed for
19one of the following purposes and the disclosure is not
20further limited by this Code:
21        (1) For use by any governmental agency, including any
22    court or law enforcement agency, in carrying out its
23    functions, or any private person or entity acting on
24    behalf of a federal, State, or local agency in carrying
25    out its functions.
26        (2) For use in connection with matters of motor

 

 

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

 

 

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1    investigation in anticipation of litigation, and the
2    execution or enforcement of judgments and orders, or
3    pursuant to an order of a federal, State, or local court.
4        (6) For use by any insurer or insurance support
5    organization or by a self-insured entity or its agents,
6    employees, or contractors in connection with claims
7    investigation activities, antifraud activities, rating, or
8    underwriting.
9        (7) For use in providing notice to the owners of towed
10    or impounded vehicles.
11        (8) For use by an employer or its agent or insurer to
12    obtain or verify information relating to a holder of a
13    commercial driver's license that is required under Chapter
14    313 of Title 49 of the United States Code.
15        (9) For use in connection with the operation of
16    private toll transportation facilities.
17        (10) For use by any requester, if the requester
18    demonstrates it has obtained the written consent of the
19    individual to whom the information pertains.
20        (11) For use by members of the news media, as defined
21    in Section 1-148.5 for the purpose of newsgathering when
22    the request relates to the operation of a motor vehicle or
23    public safety. Requests made by the news media for motor
24    vehicle record information may be furnished without charge
25    or at a reduced charge, as determined by the Secretary,
26    when the specific purpose for requesting the documents is

 

 

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1    deemed to be in the public interest. Waiver or reduction
2    of the fee is in the public interest if the principal
3    purpose of the request is to access and disseminate
4    information regarding the health, safety, and welfare or
5    the legal rights of the general public and is not for the
6    principal purpose of gaining a personal or commercial
7    benefit.
8        (12) For any other use specifically authorized by law,
9    if that use is related to the operation of a motor vehicle
10    or public safety.
11    (f) The Secretary shall not disclose or otherwise make
12available to any person or entity any highly restricted
13personal information obtained by the Secretary in connection
14with a motor vehicle record unless specifically authorized by
15this Code.
16    (g)(1) The Secretary may, in accordance with this Code,
17furnish to the person or agency so requesting a driver's
18record or data contained therein. Such document may include a
19record of: current driver's license issuance information,
20except that the information on judicial permits or monitoring
21device driving permits shall be available only as otherwise
22provided by this Code; convictions, orders entered revoking
23suspending or canceling a driver's license or privilege; and
24notations of crash involvement. All other information, unless
25otherwise permitted by this Code, shall remain confidential.
26Information released pursuant to a request for a driver's

 

 

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1record shall not contain personally identifying information,
2unless the request for the driver's record was made for one of
3the purposes set forth in subsection (e) of this Section. The
4Secretary may, without fee, allow a parent or guardian of a
5person under the age of 18 years, who holds an instruction
6permit or graduated driver's license, to view that person's
7driving record online, through a computer connection. The
8parent or guardian's online access to the driving record will
9terminate when the instruction permit or graduated driver's
10license holder reaches the age of 18.
11    (2) The Secretary of State may certify an abstract of a
12driver's record upon written request therefor. Such
13certification shall be made under the signature of the
14Secretary and shall be authenticated by the Seal of his
15office.
16    (3) All requests for driving record information shall be
17made in a manner prescribed by the Secretary and shall set
18forth the intended use of the requested information.
19    The Secretary may notify the affected driver of the
20request for purchase of his driver's record as the Secretary
21deems appropriate.
22    No information shall be released to the requester until
23expiration of a 10-day period. This 10-day period shall not
24apply to requests for information made by law enforcement
25officials, government agencies, financial institutions,
26attorneys, insurers, employers, automobile associated

 

 

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1businesses, the affected driver or other entities as the
2Secretary may exempt by rule or regulation.
3    (4) The Secretary may furnish without fee, upon the
4written request of a law enforcement agency, any information
5from a driver's record on file with the Secretary when such
6information is required in the enforcement of this Code or any
7other law relating to the operation of motor vehicles,
8including records of dispositions; documented information
9involving the use of a motor vehicle; whether such individual
10has, or previously had, a driver's license; and the address
11and personal description as reflected on said driver's record.
12    (5) Except as otherwise provided in this Section, the
13Secretary may furnish, without fee, information from an
14individual driver's record on file, if a written request
15therefor is submitted by any public transit system or
16authority, public defender, law enforcement agency, a state or
17federal agency, or an Illinois local intergovernmental
18association, if the request is for the purpose of a background
19check of applicants for employment with the requesting agency,
20or the purpose of an official investigation conducted by the
21agency, or to determine a current address for the driver so
22public funds can be recovered or paid to the driver, or for any
23other purpose set forth in subsection (e) of this Section.
24    The Secretary may also furnish the courts a copy of an
25abstract of a driver's record, without fee, subsequent to an
26arrest or issuance of a Uniform Citation and Complaint for any

 

 

SB2978- 21 -LRB103 37104 MXP 67223 b

1violation of a provision of this Code or a similar provision of
2a local ordinance. Such abstract may include records of
3dispositions; documented information involving the use of a
4motor vehicle as contained in the current file; whether such
5individual has, or previously had, a driver's license; and the
6address and personal description as reflected on said driver's
7record.
8    (6) Any certified abstract issued by the Secretary or
9transmitted electronically by the Secretary pursuant to this
10Section, to a court or on request of a law enforcement agency,
11for the record of a named person as to the status of the
12person's driver's license shall be prima facie evidence of the
13facts therein stated and if the name appearing in such
14abstract is the same as that of a person named in an
15information or warrant, such abstract shall be prima facie
16evidence that the person named in such information or warrant
17is the same person as the person named in such abstract and
18shall be admissible for any prosecution under this Code and be
19admitted as proof of any prior conviction or proof of records,
20notices, or orders recorded on individual driving records
21maintained by the Secretary.
22    (7) Subject to any restrictions contained in the Juvenile
23Court Act of 1987, and upon receipt of a proper request and a
24fee as set forth in Section 6-118, the Secretary shall provide
25a driver's record or data contained therein to the affected
26driver, or the affected driver's attorney, upon verification.

 

 

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1Such record shall contain all the information referred to in
2paragraph (1) of this subsection, plus: any recorded crash
3involvement as a driver; information recorded pursuant to
4subsection (e) of Section 6-117 and paragraph (4) of
5subsection (a) of Section 6-204. All other information, unless
6otherwise permitted by this Code, shall remain confidential.
7    (h) Medical statements or medical reports received by the
8Secretary of State's Office shall be confidential. Except as
9provided in this Section, no confidential information may be
10open to public inspection or the contents disclosed to anyone,
11except officers and employees of the Secretary who have a need
12to know the information contained in the medical reports and
13the Driver License Medical Advisory Board, unless so directed
14by an order of a court of competent jurisdiction, or in
15response to a civil action filed pursuant to the
16Administrative Procedure Act as it relates to an order of
17cancellation, suspension, or revocation. If the Secretary
18receives a medical report regarding a driver that does not
19address a medical condition contained in a previous medical
20report, the Secretary may disclose the unaddressed medical
21condition to the driver or his or her physician, or both,
22solely for the purpose of submission of a medical report that
23addresses the condition.
24    (i) Notations of crash involvement that may be disclosed
25under this Section shall not include notations relating to
26damage to a vehicle or other property being transported by a

 

 

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1tow truck. The information shall remain confidential, provided
2that nothing in this subsection shall limit disclosure of any
3notification of crash involvement to any law enforcement
4agency or official.
5    (j) Pursuant to the Uniform Anatomical Gift Act and
6pursuant to an access agreement as set forth in Section
72A-108, the Secretary shall allow organ procurement
8organizations, as defined by the Uniform Anatomical Gift Act,
9access to the name, address, gender, date of birth, driver's
10license or identification card number, and date of consent a
11person joined the First Person Consent organ and donor
12registry for the purpose of determining whether a potential
13organ and tissue donor is included in the First Person Consent
14organ and tissue donor registry.
 
15    (625 ILCS 5/2A-110 new)
16    Sec. 2A-110. Fees. Disbursement of fees collected under
17this Chapter shall be as follows:
18        (1) of the $20 fee for a driver's record, $11 shall be
19    paid into the Secretary of State Special Services Fund,
20    and $6 shall be paid into the General Revenue Fund;
21        (2) 50% of the amounts collected under this Chapter
22    shall be paid into the General Revenue Fund; and
23        (3) all remaining fees shall be disbursed under
24    subsection (g) of Section 2-119 of this Code.
 

 

 

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1    (625 ILCS 5/2A-111 new)
2    Sec. 2A-111. Commercial requesters; access agreements;
3electronic access; data security; procedural safeguards.
4    (a) The Secretary may grant access to the electronic motor
5vehicle records as provided in this Section or Section 5-47 of
6the Anatomical Gift Act, for commercial use if the Secretary
7determines there is a legitimate business need to grant access
8and access is in the best interests of the State of Illinois.
9    (b) The Secretary may limit the number of persons
10authorized to obtain direct electronic access and may
11restrict, or establish priority for, access to motor vehicle
12records as the Secretary deems necessary to avoid disruption
13to the Secretary's normal operations, or as the Secretary
14deems is in the best interests of the public.
15    (c) A request for electronic access to motor vehicle
16records must be submitted in writing and include:
17        (1) a signed and notarized certified statement of use
18    that sets forth the purpose of the request and the
19    specific information or type of information sought. If
20    personally identifying information is requested, the
21    statement shall include the basis under which such
22    information may be disclosed under the Driver's Privacy
23    Protection Act, 18 U.S.C. 2721 et seq., and subsection (e)
24    of Section 2A-108 or that the requester has obtained the
25    consent of the person whose information has been requested
26    and that the data will not be used for any other purpose;

 

 

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1    and
2        (2) the requester's identity, including name, job
3    title and business address, and the name and address of
4    any organization associated with the request.
5    (d) Every requester must execute an access agreement and
6agree to be responsible for:
7        (1) obtaining and maintaining access to the Internet
8    that is capable of Virtual Private Network (VPN) traffic
9    and preventing unauthorized use, access, or misuse of the
10    VPN;
11        (2) ensuring that any technology used by the requester
12    is compatible with Secretary of State technology; this
13    includes, but is not limited to, VPN tunnels, firewalls,
14    and routers;
15        (3) maintaining security procedures in the requester's
16    network and procedures deemed appropriate in the sole
17    discretion of the Secretary;
18        (4) maintaining reasonable measures in accordance with
19    industry-recognized leading cybersecurity practices,
20    necessary to prevent the unauthorized uses, access,
21    misuse, and disclosure of motor vehicle records and to
22    prevent unauthorized persons or entities from obtaining,
23    accessing, or using motor vehicle records;
24        (5) providing quarterly written certifications through
25    the duration of the access agreement confirming that the
26    requester has no evidence or other reason to believe that

 

 

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1    the information systems have been breached or otherwise
2    compromised in the preceding quarter;
3        (6) providing the requester's latest Service
4    Organization Control SOC 2, Type II report completed by a
5    certified auditing agency, as well as any gap letters
6    required to cover stated controls for the applicable
7    annual period not to exceed 3 months, if required in the
8    sole discretion of the Secretary;
9        (7) providing to the Secretary the names, work
10    addresses, and work phone numbers of all persons
11    responsible for maintaining motor vehicle record files
12    provided by the Secretary or otherwise executing the
13    provisions of an access agreement on behalf of the
14    requester. The names on the list are considered the users
15    on behalf of the requester;
16        (8) providing a written certification that Secretary
17    of State motor vehicle records or any portion thereof
18    shall not be transferred, nor accessed outside of the
19    United States, electronically or otherwise;
20        (9) certifying that the requester adheres to the most
21    current ISO NIST CSF or NIST Special Publication standards
22    available;
23        (10) agreeing to complete the Secretary of State
24    security assessment, if required by the Secretary, prior
25    to the execution of the access agreement;
26        (11) certifying that no employee nor officer of the

 

 

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1    requester accessing motor vehicle records has been
2    convicted of a felony, or that at least 5 years have passed
3    since the completion of the sentence;
4        (12) indemnifying and holding the Secretary of State
5    harmless from any data breach or unauthorized use of data.
6    (e) The Secretary may establish minimum security standards
7and technological requirements and any terms and conditions as
8he deems necessary for the agreement and the direct electronic
9access to motor vehicle records, including, but not limited
10to, requiring a comprehensive data security program and
11designing, implementing, and regular tests of its safeguards.
12If required by the Secretary of State, the requester shall be
13required to perform penetrative testing of its data security
14system at least semi-annually and shall promptly provide the
15results of the testing upon request by the Secretary.
16    (f) An access agreement shall be for a term to be
17determined by the Secretary.
18    (g) All users granted direct access are prohibited from
19any type of data mining or web mining of Secretary of State
20data. Prohibited data mining or web mining includes, but is
21not limited to, use of website copying software, web data
22pre-processing, creation of web metrics and mathematical
23models, web log analysis, static and dynamic visitor
24profiling, intelligent information retrieval, hyperlink
25analysis, use of spider, crawl or both programs (vertical
26search engines), web usage mining, web structure mining, web

 

 

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1content mining, data/information extraction, web information
2integration and schema matching, knowledge synthesis,
3segmenting, noise detection, use of topic-sensitive PageRank
4software, use of filtering techniques, meta-search engines, or
5any other type of automated search of information that goes
6beyond keyword extraction. Violation of this Section is
7considered a material breach and may result in termination of
8an access agreement and access to motor vehicle records. Data
9or web mining is further considered computer tampering under
10Section 17-51 of the Criminal Code of 2012.
11    (h)(1) The requester shall properly and timely dispose of
12the materials containing personally identifiable information
13in a manner that renders the personal information unreadable
14and undecipherable, in accordance with the Personal
15Information Protection Act.
16    (2) The requester shall not make any information from
17motor vehicle records available to other persons, firms,
18corporations, partnerships, members of the public, persons
19outside the employ or direct control of the requester, or
20other entities without the prior express written consent of
21the Secretary, except as provided in an approved Certified
22Statement of Use(s).
23    (3) A requester who sells or discloses any personally
24identifying information obtained from the Secretary in any
25manner allowed under the access agreement shall enter into a
26written agreement with the party receiving the personally

 

 

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1identifying information that, at a minimum:
2        (A) prohibits the redisclosure of the information;
3        (B) sets forth the authorized use as provided in
4    Section 2A-109 for which the receiving party acquired the
5    information;
6        (C) requires the person or entity receiving the
7    personally identifying information to acknowledge the
8    terms and conditions of the authorized recipient's access
9    agreement with the Secretary of State and to be subject to
10    the laws of the State of Illinois, including this Code;
11    and
12        (D) indemnifies and holds the Secretary of State
13    harmless from any data breach or unauthorized use of data.
14    (4) A requester who sells or discloses any personally
15identifying information obtained from the Secretary in any
16manner allowed under the access agreement shall maintain
17records of the redisclosure and the written agreement required
18by paragraph (5) of subsection (k) for a minimum of 5 years,
19The requester shall make the records available to the
20Secretary within 5 days upon request of the Secretary.
21    (5) The requester shall not sell or repackage any
22information from motor vehicle records under the name of the
23Secretary of State or use the State seal with respect to any
24data obtained through an access agreement.
25    (6) The requester shall adhere to the Data Processing
26Confidentiality Act. The requester agrees not to use, sell,

 

 

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1furnish, or otherwise make available any motor vehicle record
2accessed pursuant to an access agreement for any prohibited
3reason, including, but not limited to, commercial solicitation
4purposes, to contact individuals for advertising, offering for
5sale, marketing or sale of products or services; or
6identifying potential employees. A violation of this
7subsection shall result in the denial of information for a
8term of 5 years.
9    (7) The requester shall carry insurance coverage in
10amounts sufficient to cover requester's potential liabilities
11arising out of the provision of services under an access
12agreement. The requester shall provide an insurance
13certificate naming the Secretary as an additional insured on
14the general liability, professional liability, and cyber
15liability coverages and shall provide the insurance
16certificates with evidence of additional insured status and
17all required coverages prior to the execution of additional
18insured status and all required coverages prior to the
19execution of the access agreement. Insurance shall not limit
20the requester's obligations to indemnify, defend, or settle
21any and all claims. Requesters shall procure and maintain the
22following insurance coverage throughout the term of an access
23agreement and any renewals thereof:
24        (A) professional liability (errors and omissions)
25    insurance covering errors, omissions, or negligence in the
26    provision of services under an access agreement with

 

 

SB2978- 31 -LRB103 37104 MXP 67223 b

1    limits determined by the Secretary in an amount
2    commiserate with the volume of records purchased by the
3    requester and necessary to protect the constituents of the
4    State of Illinois;
5        (B) cyber liability or data/privacy protection
6    insurance with limits determined by the Secretary in an
7    amount commiserate with the volume of records purchased by
8    the requester and necessary to protect the constituents of
9    the State of Illinois.
10    (i) The Secretary may require an agreement that a
11requester seeking to obtain motor vehicle records shall hold
12harmless and indemnify the Secretary for any money damages,
13criminal fines, civil penalties, court costs, and attorney's
14fees awarded to any person or entity by any state or federal
15court resulting from any disclosure by the requester or by any
16person to whom the requester provided information from a motor
17vehicle record that is contrary to state or federal law.
18    (j) A breach of any provision contained within this
19Chapter or the access agreement may be deemed a material
20breach of the access agreement and result in the immediate
21revocation of the access agreement.
22    (k) The Secretary may terminate an access agreement
23immediately, if:
24        (1) the requested information is used for a purpose
25    other than the purpose identified in the written
26    application or in violation of any provision of Section

 

 

SB2978- 32 -LRB103 37104 MXP 67223 b

1    2A-114;
2        (2) the requester violates any provision of the access
3    agreement; or
4        (3) the requester violates any provision of this
5    Chapter.
 
6    (625 ILCS 5/2A-112 new)
7    Sec. 2A-112. Random audit. The Secretary may, at any time,
8conduct a random audit of applications for access agreements,
9requests for information, or certified statements of use(s)
10submitted and processed pursuant to this Chapter to verify the
11authenticity of the documents and information submitted in
12support of those applications.
13    Any person or entity receiving information from a motor
14vehicle record or electronic access to motor vehicle records
15pursuant to this Chapter shall have an affirmative duty to
16cooperate with the audit and provide any information or
17supporting documentation requested by the Secretary.
 
18    (625 ILCS 5/2A-113 new)
19    Sec. 2A-113. Redisclosure.
20    (a) If the Secretary discovers that personally identifying
21information from a motor vehicle record has been wrongfully
22disclosed by a requester, the requester shall notify the
23entity or person to whom the personally identifying
24information was wrongfully disclosed that the personally

 

 

SB2978- 33 -LRB103 37104 MXP 67223 b

1identifying information may not be used, resold, or
2redisclosed in any way and must be immediately destroyed. The
3Secretary shall notify the subject of the personally
4identifying information that the personally identifying
5information was wrongly disclosed.
6    (b) A requester who has access to motor vehicle records
7and who rediscloses any personally identifying information
8connected with a motor vehicle record must notify each entity
9or person to whom the personally identifying information is
10redisclosed that the personally identifying information may
11not be further disclosed unless the redisclosure is authorized
12by the Driver's Privacy Protection Act and this Code.
 
13    (625 ILCS 5/2A-114 new)
14    Sec. 2A-114. Prohibitions and violations of this Chapter.
15    (a) It is unlawful for any person to:
16        (1) knowingly misrepresent the person's identity or to
17    make a false statement to obtain any information
18    associated with a motor vehicle record;
19        (2) knowingly disclose, sell, or otherwise provide
20    personally identifying information from a motor vehicle
21    record to any person who is not authorized under this
22    Chapter to receive personally identifying information;
23        (3) knowingly obtain or use a motor vehicle record for
24    a reason other than authorized by this Code.
25    (b) A violation of this Section is a Class A misdemeanor.

 

 

SB2978- 34 -LRB103 37104 MXP 67223 b

1Each unauthorized disclosure, unauthorized use, or false
2representation shall be a separate offense.
3    (c) Neither the Secretary nor its departments or employees
4shall be civilly liable for any improper use or release of
5motor vehicle records to any person obtaining such records as
6provided in this Section.
7    (d) Any person convicted of a violation of this Chapter
8shall be permanently barred from receiving motor vehicle
9records.
10    (e) The Secretary shall forward any violations of this
11Chapter to the appropriate prosecuting authority for
12prosecution.
13    (f) The Secretary may refuse to disclose data under this
14Chapter if the Secretary concludes that the requester is
15likely to use the data for a purpose not authorized by this
16Chapter.
 
17    (625 ILCS 5/2A-115 new)
18    Sec. 2A-115. Data system security breach. Any person who
19has access to motor vehicle records who experiences a breach
20of the security of the data system as defined in this Chapter
21or has any reason to believe that Secretary of State data has
22been compromised must comply with the Personal Information
23Protection Act and provide the required notices to all persons
24whose personally identifying information has been exposed. If
25notices are not required by the Personal Information

 

 

SB2978- 35 -LRB103 37104 MXP 67223 b

1Protection Act, the Secretary of State may, at its discretion,
2require notice be sent to persons whose data was obtained in a
3data breach or by an unauthorized user.
 
4    (625 ILCS 5/2A-116 new)
5    Sec. 2A-116. Procedural safeguards to protect
6confidentiality. Any person who has access to personally
7identifying information from motor vehicle records shall
8establish procedures to protect the confidentiality of those
9records. If any personally identifying information is
10redisclosed as allowed by this Chapter, the person receiving
11the personally identifying information must also take all
12steps necessary to ensure confidentiality and to prevent the
13release of the personally identifying information.
 
14    (625 ILCS 5/2A-117 new)
15    Sec. 2A-117. Rules. The Secretary may adopt rules to
16administer and enforce this Chapter.
 
17    (625 ILCS 5/2-123 rep.)
18    (625 ILCS 5/6-110.1 rep.)
19    (625 ILCS 5/6-110.2 rep.)
20    (625 ILCS 5/6-110.3 rep.)
21    Section 10. The Illinois Vehicle Code is amended by
22repealing Sections 2-123, 6-110.1, 6-110.2, and 6-110.3.

 

 

SB2978- 36 -LRB103 37104 MXP 67223 b

1 INDEX
2 Statutes amended in order of appearance
3    625 ILCS 5/1-100from Ch. 95 1/2, par. 1-100
4    625 ILCS 5/Ch. 2A heading
5    new
6    625 ILCS 5/2A-101 new
7    625 ILCS 5/2A-102 new
8    625 ILCS 5/2A-103 new
9    625 ILCS 5/2A-104 new
10    625 ILCS 5/2A-105 new
11    625 ILCS 5/2A-106 new
12    625 ILCS 5/2A-107 new
13    625 ILCS 5/2A-108 new
14    625 ILCS 5/2A-109 new
15    625 ILCS 5/2A-110 new
16    625 ILCS 5/2A-111 new
17    625 ILCS 5/2A-112 new
18    625 ILCS 5/2A-113 new
19    625 ILCS 5/2A-114 new
20    625 ILCS 5/2A-115 new
21    625 ILCS 5/2A-116 new
22    625 ILCS 5/2A-117 new
23    625 ILCS 5/2-123 rep.
24    625 ILCS 5/6-110.1 rep.
25    625 ILCS 5/6-110.2 rep.

 

 

SB2978- 37 -LRB103 37104 MXP 67223 b

1    625 ILCS 5/6-110.3 rep.