Full Text of SB3769 96th General Assembly
SB3769sam001 96TH GENERAL ASSEMBLY
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Sen. James F. Clayborne, Jr.
Filed: 3/2/2010
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LRB096 20876 AJT 37782 a |
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| AMENDMENT TO SENATE BILL 3769
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| AMENDMENT NO. ______. Amend Senate Bill 3769 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Section 2-123 as follows: | 6 |
| (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) | 7 |
| Sec. 2-123. Sale and Distribution of Information. | 8 |
| (a) Except as otherwise provided in this Section, the | 9 |
| Secretary may make the
driver's license, vehicle and title | 10 |
| registration lists, in part or in whole,
and any statistical | 11 |
| information derived from these lists available to local
| 12 |
| governments, elected state officials, state educational | 13 |
| institutions, and all
other governmental units of the State and | 14 |
| Federal
Government
requesting them for governmental purposes. | 15 |
| The Secretary shall require any such
applicant for services to | 16 |
| pay for the costs of furnishing such services and the
use of |
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| the equipment involved, and in addition is empowered to | 2 |
| establish prices
and charges for the services so furnished and | 3 |
| for the use of the electronic
equipment utilized. | 4 |
| (b) The Secretary is further empowered to and he shall may, | 5 |
| in his discretion,
furnish to any applicant, other than listed | 6 |
| in subsection (a) of this Section,
vehicle or driver data on a | 7 |
| computer tape, disk, other electronic format or
computer | 8 |
| processable medium, or printout at a fixed fee of
$250 for | 9 |
| orders received before October 1, 2003 and $500 for orders | 10 |
| received
on or after October 1, 2003, in advance, and require | 11 |
| in addition a
further sufficient
deposit based upon the | 12 |
| Secretary of State's estimate of the total cost of the
| 13 |
| information requested and a charge of $25 for orders received | 14 |
| before October
1, 2003 and $50 for orders received on or after | 15 |
| October 1, 2003, per 1,000
units or part
thereof identified or | 16 |
| the actual cost, whichever is greater. The Secretary is
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| authorized to refund any difference between the additional | 18 |
| deposit and the
actual cost of the request. This service shall | 19 |
| not be in lieu of an abstract
of a driver's record nor of a | 20 |
| title or registration search. This service may
be limited to | 21 |
| entities purchasing a minimum number of records as required by
| 22 |
| administrative rule. The information
sold pursuant to this | 23 |
| subsection shall be the entire vehicle or driver data
list, or | 24 |
| part thereof. The information sold pursuant to this subsection
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| shall not contain personally identifying information unless | 26 |
| the information is
to be used for one of the purposes |
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| identified in subsection (f-5) of this
Section. Commercial | 2 |
| purchasers of driver and vehicle record databases shall
enter | 3 |
| into a written agreement with the Secretary of State that | 4 |
| includes
disclosure of the commercial use of the information to | 5 |
| be purchased. | 6 |
| (b-1) The Secretary is further empowered to and may, in his | 7 |
| or her discretion, furnish vehicle or driver data on a computer | 8 |
| tape, disk, or other electronic format or computer processible | 9 |
| medium, at no fee, to any State or local governmental agency | 10 |
| that uses the information provided by the Secretary to transmit | 11 |
| data back to the Secretary that enables the Secretary to | 12 |
| maintain accurate driving records, including dispositions of | 13 |
| traffic cases. This information may be provided without fee not | 14 |
| more often than once every 6 months.
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| (b-2) The Secretary is further empowered to and shall make | 16 |
| available for use by insurance agents immediate online | 17 |
| electronic furnishing of limited rating information. As used in | 18 |
| this subsection, "limited rating information" shall include | 19 |
| only the number of violations relating to driving under the | 20 |
| influence of alcohol, other drugs, or intoxicating compounds, | 21 |
| or any combination thereof and the number of offenses against | 22 |
| traffic regulations governing the movement of vehicles that | 23 |
| were committed by the driver or drivers within the immediately | 24 |
| preceding 3 or 5 years, whichever period is specified by the | 25 |
| person making the request. This subsection shall not limit the | 26 |
| amount or type of information otherwise available under |
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| subsection (f-5) of this Section. | 2 |
| (c) Secretary of State may issue registration lists. The | 3 |
| Secretary
of State may compile a list of all registered
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| vehicles. Each list of registered vehicles shall be arranged | 5 |
| serially
according to the registration numbers assigned to | 6 |
| registered vehicles and
may contain in addition the names and | 7 |
| addresses of registered owners and
a brief description of each | 8 |
| vehicle including the serial or other
identifying number | 9 |
| thereof. Such compilation may be in such form as in the
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| discretion of the Secretary of State may seem best for the | 11 |
| purposes intended. | 12 |
| (d) The Secretary of State shall furnish no more than 2 | 13 |
| current available
lists of such registrations to the sheriffs | 14 |
| of all counties and to the chiefs
of police of all cities and | 15 |
| villages and towns of 2,000 population and over
in this State | 16 |
| at no cost. Additional copies may be purchased by the sheriffs
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| or chiefs of police at the fee
of $500 each or at the cost of | 18 |
| producing the list as determined
by the Secretary of State. | 19 |
| Such lists are to be used for governmental
purposes only. | 20 |
| (e) (Blank). | 21 |
| (e-1) (Blank). | 22 |
| (f) The Secretary of State shall make a title or | 23 |
| registration search of the
records of his office and a written | 24 |
| report on the same for any person, upon
written application of | 25 |
| such person, accompanied by a fee of $5 for
each registration | 26 |
| or title search. The written application shall set forth
the |
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| intended use of the requested information. No fee shall be | 2 |
| charged for a
title or
registration search, or for the | 3 |
| certification thereof requested by a government
agency. The | 4 |
| report of the title or registration search shall not contain
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| personally identifying information unless the request for a | 6 |
| search was made for
one of the purposes identified in | 7 |
| subsection (f-5) of this Section. The report of the title or | 8 |
| registration search shall not contain highly
restricted | 9 |
| personal
information unless specifically authorized by this | 10 |
| Code. | 11 |
| The Secretary of State shall certify a title or | 12 |
| registration record upon
written request. The fee for | 13 |
| certification shall be $5 in addition
to the fee required for a | 14 |
| title or registration search. Certification shall
be made under | 15 |
| the signature of the Secretary of State and shall be
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| authenticated by Seal of the Secretary of State. | 17 |
| The Secretary of State may notify the vehicle owner or | 18 |
| registrant of
the request for purchase of his title or | 19 |
| registration information as the
Secretary deems appropriate. | 20 |
| No information shall be released to the requestor until | 21 |
| expiration of a
10 day period. This 10 day period shall not | 22 |
| apply to requests for
information made by law enforcement | 23 |
| officials, government agencies,
financial institutions, | 24 |
| attorneys, insurers, employers, automobile
associated | 25 |
| businesses, persons licensed as a private detective or firms
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| licensed as a private detective agency under the Private |
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| Detective, Private
Alarm, Private Security, Fingerprint | 2 |
| Vendor, and Locksmith Act of 2004, who are employed by or are
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| acting on
behalf of law enforcement officials, government | 4 |
| agencies, financial
institutions, attorneys, insurers, | 5 |
| employers, automobile associated businesses,
and other | 6 |
| business entities for purposes consistent with the Illinois | 7 |
| Vehicle
Code, the vehicle owner or registrant or other entities | 8 |
| as the Secretary may
exempt by rule and regulation. | 9 |
| Any misrepresentation made by a requestor of title or | 10 |
| vehicle information
shall be punishable as a petty offense, | 11 |
| except in the case of persons
licensed as a private detective | 12 |
| or firms licensed as a private detective agency
which shall be | 13 |
| subject to disciplinary sanctions under Section 40-10 of the
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| Private Detective, Private Alarm, Private Security, | 15 |
| Fingerprint Vendor, and Locksmith Act of 2004. | 16 |
| (f-5) The Secretary of State shall not disclose or | 17 |
| otherwise make
available to
any person or entity any personally | 18 |
| identifying information obtained by the
Secretary
of State in | 19 |
| connection with a driver's license, vehicle, or title | 20 |
| registration
record
unless the information is disclosed for one | 21 |
| of the following purposes: | 22 |
| (1) For use by any government agency, including any | 23 |
| court or law
enforcement agency, in carrying out its | 24 |
| functions, or any private person or
entity acting on behalf | 25 |
| of a federal, State, or local agency in carrying out
its
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| functions. |
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| (2) For use in connection with matters of motor vehicle | 2 |
| or driver safety
and theft; motor vehicle emissions; motor | 3 |
| vehicle product alterations, recalls,
or advisories; | 4 |
| performance monitoring of motor vehicles, motor vehicle | 5 |
| parts,
and dealers; and removal of non-owner records from | 6 |
| the original owner
records of motor vehicle 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: | 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
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| 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
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| self-regulatory body, including the service of process, |
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| 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 any person licensed as a private | 12 |
| detective or firm licensed as a private
detective agency | 13 |
| under
the Private Detective, Private Alarm, Private | 14 |
| Security, Fingerprint Vendor, and Locksmith Act of
2004, | 15 |
| private investigative agency or security service
licensed | 16 |
| in Illinois for any purpose permitted under this | 17 |
| subsection. | 18 |
| (9) For use by an employer or its agent or insurer to | 19 |
| obtain or verify
information relating to a holder of a | 20 |
| commercial driver's license that is
required under chapter | 21 |
| 313 of title 49 of the United States Code. | 22 |
| (10) For use in connection with the operation of | 23 |
| private toll
transportation facilities. | 24 |
| (11) For use by any requester, if the requester | 25 |
| demonstrates it has
obtained the written consent of the | 26 |
| individual to whom the information
pertains. |
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| (12) For use by members of the news media, as defined | 2 |
| in
Section 1-148.5, for the purpose of newsgathering when | 3 |
| the request relates to
the
operation of a motor vehicle or | 4 |
| public safety. | 5 |
| (13) For any other use specifically authorized by law, | 6 |
| if that use is
related to the operation of a motor vehicle | 7 |
| or public safety. | 8 |
| (f-6) The Secretary of State shall not disclose or | 9 |
| otherwise make
available to any
person or entity any highly | 10 |
| restricted personal information obtained by the
Secretary of
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| State in connection with a driver's license, vehicle, or
title | 12 |
| registration
record unless
specifically authorized by this | 13 |
| Code. | 14 |
| (g) 1. The Secretary of State may, upon receipt of a | 15 |
| written request
and a fee of $6 before October 1, 2003 and | 16 |
| a fee of $12 on and after October
1, 2003, furnish to the | 17 |
| person or agency so requesting a
driver's record. Such | 18 |
| document may include a record of: current driver's
license | 19 |
| issuance information, except that the information on | 20 |
| judicial driving
permits shall be available only as | 21 |
| otherwise provided by this Code;
convictions; orders | 22 |
| entered revoking, suspending or cancelling a
driver's
| 23 |
| license or privilege; and notations of accident | 24 |
| involvement. All other
information, unless otherwise | 25 |
| permitted by
this Code, shall remain confidential. | 26 |
| Information released pursuant to a
request for a driver's |
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| record shall not contain personally identifying
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| information, unless the request for the driver's record was | 3 |
| made for one of the
purposes set forth in subsection (f-5) | 4 |
| of this Section. The Secretary of State may, without fee, | 5 |
| allow a parent or guardian of a person under the age of 18 | 6 |
| years, who holds an instruction permit or graduated | 7 |
| driver's license, to view that person's driving record | 8 |
| online, through a computer connection.
The parent or | 9 |
| guardian's online access to the driving record will | 10 |
| terminate when the instruction permit or graduated | 11 |
| driver's license holder reaches the age of 18.
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| 2. The Secretary of State shall not disclose or | 13 |
| otherwise make available
to any
person or
entity any highly | 14 |
| restricted personal information obtained by the Secretary | 15 |
| of
State in
connection with a driver's license, vehicle, or | 16 |
| title
registration record
unless specifically
authorized | 17 |
| by this Code. The Secretary of State may certify an | 18 |
| abstract of a driver's record
upon written request | 19 |
| therefor. Such certification
shall be made under the | 20 |
| signature of the Secretary of State and shall be
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| authenticated by the Seal of his office. | 22 |
| 3. All requests for driving record information shall be | 23 |
| made in a manner
prescribed by the Secretary and shall set | 24 |
| forth the intended use of the
requested information. | 25 |
| The Secretary of State may notify the affected driver | 26 |
| of the request
for purchase of his driver's record as the |
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| Secretary deems appropriate. | 2 |
| No information shall be released to the requester until | 3 |
| expiration of a
10 day period. This 10 day period shall not | 4 |
| apply to requests for information
made by law enforcement | 5 |
| officials, government agencies, financial institutions,
| 6 |
| attorneys, insurers, employers, automobile associated | 7 |
| businesses, persons
licensed as a private detective or | 8 |
| firms licensed as a private detective agency
under the | 9 |
| Private Detective, Private Alarm, Private Security, | 10 |
| Fingerprint Vendor, and Locksmith Act
of 2004,
who are | 11 |
| employed by or are acting on behalf of law enforcement | 12 |
| officials,
government agencies, financial institutions, | 13 |
| attorneys, insurers, employers,
automobile associated | 14 |
| businesses, and other business entities for purposes
| 15 |
| consistent with the Illinois Vehicle Code, the affected | 16 |
| driver or other
entities as the Secretary may exempt by | 17 |
| rule and regulation. | 18 |
| Any misrepresentation made by a requestor of driver | 19 |
| information shall
be punishable as a petty offense, except | 20 |
| in the case of persons licensed as
a private detective or | 21 |
| firms licensed as a private detective agency which shall
be | 22 |
| subject to disciplinary sanctions under Section 40-10 of | 23 |
| the Private
Detective, Private Alarm, Private Security, | 24 |
| Fingerprint Vendor, and Locksmith Act of 2004. | 25 |
| 4. The Secretary of State may furnish without fee, upon | 26 |
| the written
request of a law enforcement agency, any |
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| information from a driver's
record on file with the | 2 |
| Secretary of State when such information is required
in the | 3 |
| enforcement of this Code or any other law relating to the | 4 |
| operation
of motor vehicles, including records of | 5 |
| dispositions; documented
information involving the use of | 6 |
| a motor vehicle; whether such individual
has, or previously | 7 |
| had, a driver's license; and the address and personal
| 8 |
| description as reflected on said driver's record. | 9 |
| 5. Except as otherwise provided in this Section, the | 10 |
| Secretary of
State may furnish, without fee, information | 11 |
| from an individual driver's
record on file, if a written | 12 |
| request therefor is submitted
by any public transit system | 13 |
| or authority, public defender, law enforcement
agency, a | 14 |
| state or federal agency, or an Illinois local | 15 |
| intergovernmental
association, if the request is for the | 16 |
| purpose of a background check of
applicants for employment | 17 |
| with the requesting agency, or for the purpose of
an | 18 |
| official investigation conducted by the agency, or to | 19 |
| determine a
current address for the driver so public funds | 20 |
| can be recovered or paid to
the driver, or for any other | 21 |
| purpose set forth in subsection (f-5)
of this Section. | 22 |
| The Secretary may also furnish the courts a copy of an | 23 |
| abstract of a
driver's record, without fee, subsequent to | 24 |
| an arrest for a violation of
Section 11-501 or a similar | 25 |
| provision of a local ordinance. Such abstract
may include | 26 |
| records of dispositions; documented information involving
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| the use of a motor vehicle as contained in the current | 2 |
| file; whether such
individual has, or previously had, a | 3 |
| driver's license; and the address and
personal description | 4 |
| as reflected on said driver's record. | 5 |
| 6. Any certified abstract issued by the Secretary of | 6 |
| State or
transmitted electronically by the Secretary of | 7 |
| State pursuant to this
Section,
to a court or on request of | 8 |
| a law enforcement agency, for the record of a
named person | 9 |
| as to the status of the person's driver's license shall be
| 10 |
| prima facie evidence of the facts therein stated and if the | 11 |
| name appearing
in such abstract is the same as that of a | 12 |
| person named in an information or
warrant, such abstract | 13 |
| shall be prima facie evidence that the person named
in such | 14 |
| information or warrant is the same person as the person | 15 |
| named in
such abstract and shall be admissible for any | 16 |
| prosecution under this Code and
be admitted as proof of any | 17 |
| prior conviction or proof of records, notices, or
orders | 18 |
| recorded on individual driving records maintained by the | 19 |
| Secretary of
State. | 20 |
| 7. Subject to any restrictions contained in the | 21 |
| Juvenile Court Act of
1987, and upon receipt of a proper | 22 |
| request and a fee of $6 before October 1,
2003 and a fee of | 23 |
| $12 on or after October 1, 2003, the
Secretary of
State | 24 |
| shall provide a driver's record to the affected driver, or | 25 |
| the affected
driver's attorney, upon verification. Such | 26 |
| record shall contain all the
information referred to in |
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| paragraph 1 of this subsection (g) plus: any
recorded | 2 |
| accident involvement as a driver; information recorded | 3 |
| pursuant to
subsection (e) of Section 6-117 and paragraph | 4 |
| (4) of subsection (a) of
Section 6-204 of this Code. All | 5 |
| other information, unless otherwise permitted
by this | 6 |
| Code, shall remain confidential. | 7 |
| (h) The Secretary shall not disclose social security | 8 |
| numbers or any associated information obtained from the Social | 9 |
| Security Administration except pursuant
to a written request | 10 |
| by, or with the prior written consent of, the
individual | 11 |
| except: (1) to officers and employees of the Secretary
who
have | 12 |
| a need to know the social security numbers in performance of | 13 |
| their
official duties, (2) to law enforcement officials for a | 14 |
| lawful, civil or
criminal law enforcement investigation, and if | 15 |
| the head of the law enforcement
agency has made a written | 16 |
| request to the Secretary specifying the law
enforcement | 17 |
| investigation for which the social security numbers are being
| 18 |
| sought, (3) to the United States Department of Transportation, | 19 |
| or any other
State, pursuant to the administration and | 20 |
| enforcement of the Commercial
Motor Vehicle Safety Act of 1986, | 21 |
| (4) pursuant to the order of a court
of competent jurisdiction, | 22 |
| or (5) to the Department of Healthcare and Family Services | 23 |
| (formerly Department of Public Aid) for
utilization
in the | 24 |
| child support enforcement duties assigned to that Department | 25 |
| under
provisions of the Illinois Public Aid Code after the | 26 |
| individual has received advanced
meaningful notification of |
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| what redisclosure is sought by the Secretary in
accordance with | 2 |
| the federal Privacy Act. | 3 |
| (i) (Blank). | 4 |
| (j) Medical statements or medical reports received in the | 5 |
| Secretary of
State's Office shall be confidential. No | 6 |
| confidential information may be
open to public inspection or | 7 |
| the contents disclosed to anyone, except
officers and employees | 8 |
| of the Secretary who have a need to know the information
| 9 |
| contained in the medical reports and the Driver License Medical | 10 |
| Advisory
Board, unless so directed by an order of a court of | 11 |
| competent jurisdiction. | 12 |
| (k) All fees collected under this Section shall be paid | 13 |
| into the Road
Fund of the State Treasury, except that (i) for | 14 |
| fees collected before October
1, 2003, $3 of the $6 fee for a
| 15 |
| driver's record shall be paid into the Secretary of State | 16 |
| Special Services
Fund, (ii) for fees collected on and after | 17 |
| October 1, 2003, of the $12 fee
for a driver's record, $3 shall | 18 |
| be paid into the Secretary of State Special
Services Fund and | 19 |
| $6 shall be paid into the General Revenue Fund, and (iii) for
| 20 |
| fees collected on and after October 1, 2003, 50% of the amounts | 21 |
| collected
pursuant to subsection (b) shall be paid into the | 22 |
| General Revenue Fund. | 23 |
| (l) (Blank). | 24 |
| (m) Notations of accident involvement that may be disclosed | 25 |
| under this
Section shall not include notations relating to | 26 |
| damage to a vehicle or other
property being transported by a |
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| tow truck. This information shall remain
confidential, | 2 |
| provided that nothing in this subsection (m) shall limit
| 3 |
| disclosure of any notification of accident involvement to any | 4 |
| law enforcement
agency or official. | 5 |
| (n) Requests made by the news media for driver's license, | 6 |
| vehicle, or
title registration information may be furnished | 7 |
| without charge or at a reduced
charge, as determined by the | 8 |
| Secretary, when the specific purpose for
requesting the | 9 |
| documents is deemed to be in the public interest. Waiver or
| 10 |
| reduction of the fee is in the public interest if the principal | 11 |
| purpose of the
request is to access and disseminate information | 12 |
| regarding the health, safety,
and welfare or the legal rights | 13 |
| of the general public and is not for the
principal purpose of | 14 |
| gaining a personal or commercial benefit.
The information | 15 |
| provided pursuant to this subsection shall not contain
| 16 |
| personally identifying information unless the information is | 17 |
| to be used for one
of the
purposes identified in subsection | 18 |
| (f-5) of this Section. | 19 |
| (o) The redisclosure of personally identifying information
| 20 |
| obtained
pursuant
to this Section is prohibited, except to the | 21 |
| extent necessary to effectuate the
purpose
for which the | 22 |
| original disclosure of the information was permitted. | 23 |
| (p) The Secretary of State is empowered to adopt rules
to
| 24 |
| effectuate this Section. | 25 |
| (Source: P.A. 94-56, eff. 6-17-05; 95-201, eff. 1-1-08; 95-287, | 26 |
| eff. 1-1-08; 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; |
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| 95-876, eff. 8-21-08.)".
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