Bill Title: 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.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0326
[SB1344 Detail]Download: Illinois-2019-SB1344-Chaptered.html
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| Public Act 101-0326
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| SB1344 Enrolled | LRB101 07747 TAE 52796 b |
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AN ACT concerning the Secretary of State.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Identification Card Act is amended |
by changing Sections 1A and 11 as follows:
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(15 ILCS 335/1A) |
Sec. 1A. Definitions. As used in this Act: |
"Highly restricted personal information" means an |
individual's photograph, signature, social security number, |
and medical or disability information. |
"Identification card making implement" means any material, |
hardware, or software that is specifically designed for or |
primarily used in the manufacture, assembly, issuance, or |
authentication of an official identification card issued by the |
Secretary of State. |
"Fraudulent identification card" means any identification |
card
that purports to be an official identification card for |
which a computerized
number and file have not been created by |
the Secretary of State, the United
States Government or any |
state or political subdivision thereof, or any
governmental or |
quasi-governmental organization. For the purpose of this
Act, |
any identification card that resembles an official |
identification
card in either size, color, photograph |
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location, or design or uses the word
"official", "state", |
"Illinois", or the name of any other state or
political |
subdivision thereof, or any governmental or quasi-governmental
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organization individually or in any combination
thereof to |
describe or modify the term "identification card" or "I.D. |
card"
anywhere on the card, or uses a shape in the likeness of |
Illinois
or any other state on the photograph side of
the card, |
is deemed to be a fraudulent identification card unless the |
words
"This is not an official Identification Card", appear |
prominently upon it in
black colored lettering in 12-point type |
on the photograph side of the card,
and no such card shall be |
smaller in size than 3 inches by 4 inches, and the
photograph |
shall be on the left side of the card only. |
"Legal name" means the full given name and surname of an |
individual as recorded at birth, recorded at marriage, or |
deemed as the correct legal name for use in reporting income by |
the Social Security Administration or the name as otherwise |
established through legal action that appears on the associated |
official document presented to the Secretary of State. |
"Personally identifying information" means information |
that identifies an individual, including his or her |
identification card number, name, address (but not the 5-digit |
zip code), date of birth, height, weight, hair color, eye |
color, email address, and telephone number.
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"Homeless person" or "homeless individual" has the same |
meaning as defined by the federal McKinney-Vento Homeless |
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Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). |
"Youth for whom the Department of Children and Family |
Services is legally responsible" or "foster child" means a |
child or youth whose guardianship or custody has been accepted |
by the Department of Children and Family Services pursuant to |
the Juvenile Court Act of 1987, the Children and Family |
Services Act, the Abused and Neglected Child Reporting Act, and |
the Adoption Act. This applies to children for whom the |
Department of Children and Family Services has temporary |
protective custody, custody or guardianship via court order, or |
children whose parents have signed an adoptive surrender or |
voluntary placement agreement with the Department. |
"REAL ID compliant identification card" means a standard |
Illinois Identification Card or Illinois Person with a |
Disability Identification Card issued in compliance with the |
REAL ID Act and implementing regulations. REAL ID compliant |
identification cards shall bear a security marking approved by |
the United States Department of Homeland Security. |
"Non-compliant identification card" means a standard |
Illinois Identification Card or Illinois Person with a |
Disability Identification Card issued in a manner which is not |
compliant with the REAL ID Act and implementing regulations. |
Non-compliant identification cards shall be marked "Not for |
Federal Identification" and shall have a color or design |
different from the REAL ID compliant identification card. |
"Limited Term REAL ID compliant identification card" means |
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a REAL ID compliant identification card issued to persons who |
are not permanent residents or citizens of the United States, |
and marked "Limited Term" on the face of the card. |
(Source: P.A. 99-659, eff. 7-28-17; 100-201, eff. 8-18-17; |
100-248, eff. 8-22-17.)
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(15 ILCS 335/11) (from Ch. 124, par. 31)
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Sec. 11. Records. |
(a) The Secretary may make a search of his records and |
furnish
information as to whether a person has a current |
Standard Illinois
Identification Card or an Illinois Person |
with a Disability Identification Card then on
file, upon |
receipt of a written application therefor accompanied with the
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prescribed fee. However, the Secretary may not disclose medical
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information concerning an individual to any person, public |
agency, private
agency, corporation or governmental body |
unless the individual has
submitted a written request for the |
information or unless the individual
has given prior written |
consent for the release of the information to a
specific person |
or entity. This exception shall not apply to: (1) offices
and |
employees of the Secretary who have a need to know the medical
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information in performance of their official duties, or (2) |
orders of a
court of competent jurisdiction. When medical |
information is disclosed by
the Secretary in accordance with |
the provisions of this Section, no
liability shall rest with |
the Office of the Secretary of State as the
information is |
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released for informational purposes only. |
(b) The Secretary may release personally identifying |
information or highly restricted personal information only to: |
(1) officers and employees of the Secretary who have a |
need to know that information for issuance of driver's |
licenses, permits, or identification cards and |
investigation of fraud or misconduct; |
(2) other governmental agencies for use in their |
official governmental functions; |
(3) law enforcement agencies that need the information |
for a criminal or civil investigation; |
(3-5) the State Board of Elections for the purpose of |
providing the signatures required by a local election |
authority to register a voter through an online voter |
registration system or as may be required by an agreement |
the State Board of Elections has entered into with a |
multi-state voter registration list maintenance system; or |
(4) any entity that the Secretary has authorized, by |
rule, to receive this information. |
(c) 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 |
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law enforcement investigation; |
(3) the State Board of Elections for the purpose of |
providing the signature for completion of voter |
registration; or |
(4) any other entity the Secretary has authorized by |
rule. |
(d) Documents required to be submitted with an application |
for an identification card to prove the applicant's identity |
(name and date of birth), social security number, written |
signature, residency, and, as applicable, proof of lawful |
status shall be confidential and shall not be disclosed except |
to the following persons: |
(1) the individual to whom the identification card was |
issued, upon written request; |
(2) 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; |
(3) law enforcement officials for a civil or criminal |
law enforcement investigation; |
(4) other entities that the Secretary may authorize by |
rule. |
(e) The Secretary may not disclose an individual's social |
security number or any associated information obtained from the |
Social Security Administration without the written request or |
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consent of the individual except: (i) to officers and employees |
of the Secretary who have a need to know the social security |
number in the performance of their official duties; (ii) to law |
enforcement officials for a lawful civil or criminal law |
enforcement investigation if an officer the head of the law |
enforcement agency has made a written request to the Secretary |
specifying the law enforcement investigation for which the |
social security number is being sought; (iii) under a lawful |
court order signed by a judge; or (iv) to the Illinois |
Department of Veterans' Affairs for the purpose of confirming |
veteran status to agencies in other states responsible for the |
issuance of state identification cards for participation in |
State-to-State verification service; or (v) the last 4 digits |
to the Illinois State Board of Elections for purposes of voter |
registration and as may be required pursuant to an agreement |
for a multi-state voter registration list maintenance system. |
The Secretary retains the right to require additional |
verification regarding the validity of a request from law |
enforcement. If social security information is disclosed by the |
Secretary in accordance with this Section, no liability shall |
rest with the Office of the Secretary of State or any of its |
officers or employees, as the information is released for |
official purposes only.
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(Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13; |
98-115, eff. 7-29-13; 98-463, eff. 8-16-13; 98-1171, eff. |
6-1-15.)
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Section 10. The Illinois Vehicle Code is amended by |
changing Sections 1-159.2, 2-123, and 6-110.1 and by adding |
Section 6-110.2 as follows:
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(625 ILCS 5/1-159.2)
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Sec. 1-159.2. Personally identifying information. |
Information that
identifies an individual, including his or her |
driver's license driver identification number, name, address |
(but not the 5 digit zip
code), date of birth, height, weight, |
hair color, eye color, email address, and
telephone number, but
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"personally
identifying information" does not include |
information on vehicular accidents,
driving violations, and |
driver's status.
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(Source: P.A. 92-32, eff. 7-1-01; 93-895, eff. 1-1-05.)
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(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
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Sec. 2-123. Sale and distribution of information.
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(a) Except as otherwise provided in this Section, the |
Secretary may make the
driver's license, vehicle and title |
registration lists, in part or in whole,
and any statistical |
information derived from these lists available to local
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governments, elected state officials, state educational |
institutions, and all
other governmental units of the State and |
Federal
Government
requesting them for governmental purposes. |
The Secretary shall require any such
applicant for services to |
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pay for the costs of furnishing such services and the
use of |
the equipment involved, and in addition is empowered to |
establish prices
and charges for the services so furnished and |
for the use of the electronic
equipment utilized.
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(b) The Secretary is further empowered to and he may, in |
his discretion,
furnish to any applicant, other than listed in |
subsection (a) of this Section,
vehicle or driver data on a |
computer tape, disk, other electronic format or
computer |
processable medium, or printout at a fixed fee of
$250 for |
orders received before October 1, 2003 and $500 for orders |
received
on or after October 1, 2003, in advance, and require |
in addition a
further sufficient
deposit based upon the |
Secretary of State's estimate of the total cost of the
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information requested and a charge of $25 for orders received |
before October
1, 2003 and $50 for orders received on or after |
October 1, 2003, per 1,000
units or part
thereof identified or |
the actual cost, whichever is greater. The Secretary is
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authorized to refund any difference between the additional |
deposit and the
actual cost of the request. This service shall |
not be in lieu of an abstract
of a driver's record nor of a |
title or registration search. This service may
be limited to |
entities purchasing a minimum number of records as required by
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administrative rule. The information
sold pursuant to this |
subsection shall be the entire vehicle or driver data
list, or |
part thereof. The information sold pursuant to this subsection
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shall not contain personally identifying information unless |
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the information is
to be used for one of the purposes |
identified in subsection (f-5) of this
Section. Commercial |
purchasers of driver and vehicle record databases shall
enter |
into a written agreement with the Secretary of State that |
includes
disclosure of the commercial use of the information to |
be purchased. |
(b-1) The Secretary is further empowered to and may, in his |
or her discretion, furnish vehicle or driver data on a computer |
tape, disk, or other electronic format or computer processible |
medium, at no fee, to any State or local governmental agency |
that uses the information provided by the Secretary to transmit |
data back to the Secretary that enables the Secretary to |
maintain accurate driving records, including dispositions of |
traffic cases. This information may be provided without fee not |
more often than once every 6 months.
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(c) Secretary of State may issue registration lists. The |
Secretary
of State may compile a list of all registered
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vehicles. Each list of registered vehicles shall be arranged |
serially
according to the registration numbers assigned to |
registered vehicles and
may contain in addition the names and |
addresses of registered owners and
a brief description of each |
vehicle including the serial or other
identifying number |
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 |
purposes intended.
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(d) The Secretary of State shall furnish no more than 2 |
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current available
lists of such registrations to the sheriffs |
of all counties and to the chiefs
of police of all cities and |
villages and towns of 2,000 population and over
in this State |
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 |
producing the list as determined
by the Secretary of State. |
Such lists are to be used for governmental
purposes only.
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(e) (Blank).
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(e-1) (Blank).
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(f) The Secretary of State shall make a title or |
registration search of the
records of his office and a written |
report on the same for any person, upon
written application of |
such person, accompanied by a fee of $5 for
each registration |
or title search. The written application shall set forth
the |
intended use of the requested information. No fee shall be |
charged for a
title or
registration search, or for the |
certification thereof requested by a government
agency. The |
report of the title or registration search shall not contain
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personally identifying information unless the request for a |
search was made for
one of the purposes identified in |
subsection (f-5) of this Section. The report of the title or |
registration search shall not contain highly
restricted |
personal
information unless specifically authorized by this |
Code.
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The Secretary of State shall certify a title or |
registration record upon
written request. The fee for |
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certification shall be $5 in addition
to the fee required for a |
title or registration search. Certification shall
be made under |
the signature of the Secretary of State and shall be
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authenticated by Seal of the Secretary of State.
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The Secretary of State may notify the vehicle owner or |
registrant of
the request for purchase of his title or |
registration information as the
Secretary deems appropriate.
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No information shall be released to the requester requestor |
until expiration of a 10-day
10 day period. This 10-day 10 day |
period shall not apply to requests for
information made by law |
enforcement officials, government agencies,
financial |
institutions, attorneys, insurers, employers, automobile
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associated businesses, persons licensed as a private detective |
or firms
licensed as a private detective agency under the |
Private Detective, Private
Alarm, Private Security, |
Fingerprint Vendor, and Locksmith Act of 2004, who are employed |
by or are
acting on
behalf of law enforcement officials, |
government agencies, financial
institutions, attorneys, |
insurers, employers, automobile associated businesses,
and |
other business entities for purposes consistent with the |
Illinois Vehicle
Code, the vehicle owner or registrant or other |
entities as the Secretary may
exempt by rule and regulation.
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Any misrepresentation made by a requester requestor of |
title or vehicle information
shall be punishable as a petty |
offense, except in the case of persons
licensed as a private |
detective or firms licensed as a private detective agency
which |
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shall be subject to disciplinary sanctions under Section 40-10 |
of the
Private Detective, Private Alarm, Private Security, |
Fingerprint Vendor, and Locksmith Act of 2004.
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(f-5) The Secretary of State shall not disclose or |
otherwise make
available to
any person or entity any personally |
identifying information obtained by the
Secretary
of State in |
connection with a driver's license, vehicle, or title |
registration
record
unless the information is disclosed for one |
of the following purposes:
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(1) For use by any government agency, including any |
court or law
enforcement agency, in carrying out its |
functions, or any private person or
entity acting on behalf |
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 |
or driver safety
and theft; motor vehicle emissions; motor |
vehicle product alterations, recalls,
or advisories; |
performance monitoring of motor vehicles, motor vehicle |
parts,
and dealers; and removal of non-owner records from |
the original owner
records of motor vehicle manufacturers.
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(3) For use in the normal course of business by a |
legitimate business or
its agents, employees, or |
contractors, but only:
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(A) to verify the accuracy of personal information |
submitted by
an individual to the business or its |
agents, employees, or contractors;
and
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(B) if such information as so submitted is not |
correct or is no
longer correct, to obtain the correct |
information, but only for the
purposes of preventing |
fraud by, pursuing legal remedies against, or
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recovering on a debt or security interest against, the |
individual.
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(4) For use in research activities and for use in |
producing statistical
reports, if the personally |
identifying information is not published,
redisclosed, or |
used to
contact individuals.
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(5) For use in connection with any civil, criminal, |
administrative, or
arbitral proceeding in any federal, |
State, or local court or agency or before
any
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self-regulatory body, including the service of process, |
investigation in
anticipation of litigation, and the |
execution or enforcement of judgments and
orders, or |
pursuant to an order of a federal, State, or local court.
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(6) For use by any insurer or insurance support |
organization or by a
self-insured entity or its agents, |
employees, or contractors in connection with
claims |
investigation activities, antifraud activities, rating, or |
underwriting.
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(7) For use in providing notice to the owners of towed |
or
impounded vehicles.
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(8) For use by any person licensed as a private |
detective or firm licensed as a private
detective agency |
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under
the Private Detective, Private Alarm, Private |
Security, Fingerprint Vendor, and Locksmith Act of
2004, |
private investigative agency or security service
licensed |
in Illinois for any purpose permitted under this |
subsection.
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(9) For use by an employer or its agent or insurer to |
obtain or verify
information relating to a holder of a |
commercial driver's license that is
required under chapter |
313 of title 49 of the United States Code.
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(10) For use in connection with the operation of |
private toll
transportation facilities.
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(11) For use by any requester, if the requester |
demonstrates it has
obtained the written consent of the |
individual to whom the information
pertains.
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(12) For use by members of the news media, as defined |
in
Section 1-148.5, for the purpose of newsgathering when |
the request relates to
the
operation of a motor vehicle or |
public safety.
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(13) For any other use specifically authorized by law, |
if that use is
related to the operation of a motor vehicle |
or public safety. |
(f-6) The Secretary of State shall not disclose or |
otherwise make
available to any
person or entity any highly |
restricted personal information obtained by the
Secretary of
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State in connection with a driver's license, vehicle, or
title |
registration
record unless
specifically authorized by this |
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Code.
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(g) 1. The Secretary of State may, upon receipt of a |
written request
and a fee as set forth in Section 6-118, |
furnish to the person or agency so requesting a
driver's record |
or data contained therein. Such document may include a record |
of: current driver's
license issuance information, except that |
the information on judicial driving
permits shall be available |
only as otherwise provided by this Code;
convictions; orders |
entered revoking, suspending or cancelling a
driver's
license |
or privilege; and notations of accident involvement. All other
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information, unless otherwise permitted by
this Code, shall |
remain confidential. Information released pursuant to a
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request for a driver's record shall not contain personally |
identifying
information, unless the request for the driver's |
record was made for one of the
purposes set forth in subsection |
(f-5) of this Section. The Secretary of State may, without fee, |
allow a parent or guardian of a person under the age of 18 |
years, who holds an instruction permit or graduated driver's |
license, to view that person's driving record online, through a |
computer connection.
The parent or guardian's online access to |
the driving record will terminate when the instruction permit |
or graduated driver's license holder reaches the age of 18.
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2. The Secretary of State shall not disclose or otherwise |
make available
to any
person or
entity any highly restricted |
personal information obtained by the Secretary of
State in
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connection with a driver's license, vehicle, or title
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registration record
unless specifically
authorized by this |
Code. The Secretary of State may certify an abstract of a |
driver's record
upon written request therefor. Such |
certification
shall be made under the signature of the |
Secretary of State and shall be
authenticated by the Seal of |
his office.
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3. All requests for driving record information shall be |
made in a manner
prescribed by the Secretary and shall set |
forth the intended use of the
requested information.
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The Secretary of State may notify the affected driver of |
the request
for purchase of his driver's record as the |
Secretary deems appropriate.
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No information shall be released to the requester until |
expiration of a 10-day
10 day period. This 10-day 10 day period |
shall not apply to requests for information
made by law |
enforcement officials, government agencies, financial |
institutions,
attorneys, insurers, employers, automobile |
associated businesses, persons
licensed as a private detective |
or firms licensed as a private detective agency
under the |
Private Detective, Private Alarm, Private Security, |
Fingerprint Vendor, and Locksmith Act
of 2004,
who are employed |
by or are acting on behalf of law enforcement officials,
|
government agencies, financial institutions, attorneys, |
insurers, employers,
automobile associated businesses, and |
other business entities for purposes
consistent with the |
Illinois Vehicle Code, the affected driver or other
entities as |
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the Secretary may exempt by rule and regulation.
|
Any misrepresentation made by a requester requestor of |
driver information shall
be punishable as a petty offense, |
except in the case of persons licensed as
a private detective |
or firms licensed as a private detective agency which shall
be |
subject to disciplinary sanctions under Section 40-10 of the |
Private
Detective, Private Alarm, Private Security, |
Fingerprint Vendor, and Locksmith Act of 2004.
|
4. The Secretary of State may furnish without fee, upon the |
written
request of a law enforcement agency, any information |
from a driver's
record on file with the Secretary of State when |
such information is required
in the enforcement of this Code or |
any other law relating to the operation
of motor vehicles, |
including records of dispositions; documented
information |
involving the use of a motor vehicle; whether such individual
|
has, or previously had, a driver's license; and the address and |
personal
description as reflected on said driver's record.
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5. Except as otherwise provided in this Section, the |
Secretary of
State may furnish, without fee, information from |
an individual driver's
record on file, if a written request |
therefor is submitted
by any public transit system or |
authority, public defender, law enforcement
agency, a state or |
federal agency, or an Illinois local intergovernmental
|
association, if the request is for the purpose of a background |
check of
applicants for employment with the requesting agency, |
or for the purpose of
an official investigation conducted by |
|
the agency, or to determine a
current address for the driver so |
public funds can be recovered or paid to
the driver, or for any |
other purpose set forth in subsection (f-5)
of this Section.
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The Secretary may also furnish the courts a copy of an |
abstract of a
driver's record, without fee, subsequent to an |
arrest for a violation of
Section 11-501 or a similar provision |
of a local ordinance. Such abstract
may include records of |
dispositions; documented information involving
the use of a |
motor vehicle as contained in the current file; whether such
|
individual has, or previously had, a driver's license; and the |
address and
personal description as reflected on said driver's |
record.
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6. Any certified abstract issued by the Secretary of State |
or
transmitted electronically by the Secretary of State |
pursuant to this
Section,
to a court or on request of a law |
enforcement agency, for the record of a
named person as to the |
status of the person's driver's license shall be
prima facie |
evidence of the facts therein stated and if the name appearing
|
in such abstract is the same as that of a person named in an |
information or
warrant, such abstract shall be prima facie |
evidence that the person named
in such information or warrant |
is the same person as the person named in
such abstract and |
shall be admissible for any prosecution under this Code and
be |
admitted as proof of any prior conviction or proof of records, |
notices, or
orders recorded on individual driving records |
maintained by the Secretary of
State.
|
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7. Subject to any restrictions contained in the Juvenile |
Court Act of
1987, and upon receipt of a proper request and a |
fee as set forth in Section 6-118, the
Secretary of
State shall |
provide a driver's record or data contained therein to the |
affected driver, or the affected
driver's attorney, upon |
verification. Such record shall contain all the
information |
referred to in paragraph 1 of this subsection (g) plus: any
|
recorded accident involvement as a driver; information |
recorded pursuant to
subsection (e) of Section 6-117 and |
paragraph (4) of subsection (a) of
Section 6-204 of this Code. |
All other information, unless otherwise permitted
by this Code, |
shall remain confidential.
|
(h) The Secretary shall not disclose social security |
numbers or any associated information obtained from the Social |
Security Administration except pursuant
to a written request |
by, or with the prior written consent of, the
individual |
except: (1) to officers and employees of the Secretary
who
have |
a need to know the social security numbers in performance of |
their
official duties, (2) to law enforcement officials for a |
lawful, civil or
criminal law enforcement investigation, and if |
an officer the head of the law enforcement
agency has made a |
written request to the Secretary specifying the law
enforcement |
investigation for which the social security numbers are being
|
sought, though the Secretary retains the right to require |
additional verification regarding the validity of the request, |
(3) to the United States Department of Transportation, or any |
|
other
State, pursuant to the administration and enforcement of |
the Commercial
Motor Vehicle Safety Act of 1986 or |
participation in State-to-State verification service, (4) |
pursuant to the order of a court
of competent jurisdiction, (5) |
to the Department of Healthcare and Family Services (formerly |
Department of Public Aid) for
utilization
in the child support |
enforcement duties assigned to that Department under
|
provisions of the Illinois Public Aid Code after the individual |
has received advanced
meaningful notification of what |
redisclosure is sought by the Secretary in
accordance with the |
federal Privacy Act, (5.5) to the Department of Healthcare and |
Family Services and the Department of Human Services solely for |
the purpose of verifying Illinois residency where such |
residency is an eligibility requirement for benefits under the |
Illinois Public Aid Code or any other health benefit program |
administered by the Department of Healthcare and Family |
Services or the Department of Human Services, (6) to the |
Illinois Department of Revenue solely for use by the Department |
in the collection of any tax or debt that the Department of |
Revenue is authorized or required by law to collect, provided |
that the Department shall not disclose the social security |
number to any person or entity outside of the Department, or |
(7) to the Illinois Department of Veterans' Affairs for the |
purpose of confirming veteran status, or (8) the last 4 digits |
to the Illinois State Board of Elections for purposes of voter |
registration and as may be required pursuant to an agreement |
|
for a multi-state voter registration list maintenance system. |
If social security information is disclosed by the Secretary in |
accordance with this Section, no liability shall rest with the |
Office of the Secretary of State or any of its officers or |
employees, as the information is released for official purposes |
only.
|
(i) (Blank).
|
(j) Medical statements or medical reports received in the |
Secretary of
State's Office shall be confidential. Except as |
provided in this Section, no confidential information may be
|
open to public inspection or the contents disclosed to anyone, |
except
officers and employees of the Secretary who have a need |
to know the information
contained in the medical reports and |
the Driver License Medical Advisory
Board, unless so directed |
by an order of a court of competent jurisdiction. If the |
Secretary receives a medical report regarding a driver that |
does not address a medical condition contained in a previous |
medical report, the Secretary may disclose the unaddressed |
medical condition to the driver or his or her physician, or |
both, solely for the purpose of submission of a medical report |
that addresses the condition.
|
(k) Disbursement of fees collected under this Section shall |
be as follows: (1) of the $12 fee for a driver's record, $3 |
shall be paid into the Secretary of State Special Services |
Fund, and $6 shall be paid into the General Revenue Fund; (2) |
50% of the amounts collected under subsection (b) shall be paid |
|
into the General Revenue Fund; and (3) all remaining fees shall |
be disbursed under subsection (g) of Section 2-119 of this |
Code.
|
(l) (Blank).
|
(m) Notations of accident involvement that may be disclosed |
under this
Section shall not include notations relating to |
damage to a vehicle or other
property being transported by a |
tow truck. This information shall remain
confidential, |
provided that nothing in this subsection (m) shall limit
|
disclosure of any notification of accident involvement to any |
law enforcement
agency or official.
|
(n) Requests made by the news media for driver's license, |
vehicle, or
title registration information may be furnished |
without charge or at a reduced
charge, as determined by the |
Secretary, when the specific purpose for
requesting the |
documents is deemed to be in the public interest. Waiver or
|
reduction of the fee is in the public interest if the principal |
purpose of the
request is to access and disseminate information |
regarding the health, safety,
and welfare or the legal rights |
of the general public and is not for the
principal purpose of |
gaining a personal or commercial benefit.
The information |
provided pursuant to this subsection shall not contain
|
personally identifying information unless the information is |
to be used for one
of the
purposes identified in subsection |
(f-5) of this Section.
|
(o) The redisclosure of personally identifying information
|
|
obtained
pursuant
to this Section is prohibited, except to the |
extent necessary to effectuate the
purpose
for which the |
original disclosure of the information was permitted.
|
(p) The Secretary of State is empowered to adopt rules
to
|
effectuate this Section.
|
(Source: P.A. 99-127, eff. 1-1-16; 100-590, eff. 6-8-18; |
revised 10-11-18.)
|
(625 ILCS 5/6-110.1)
|
Sec. 6-110.1. Confidentiality of captured photographs or |
images. The
Secretary of State shall maintain a file on or |
contract to file all photographs
and signatures obtained in the |
process of issuing a driver's license, permit,
or |
identification card. The photographs and signatures shall be |
confidential
and shall not be disclosed except to the following |
persons:
|
(1) the individual upon written request;
|
(2) 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;
|
(3) law enforcement officials for a lawful civil or |
criminal
law enforcement investigation;
|
(3-5) the State Board of Elections for the sole purpose |
of providing the signatures required by a local election |
|
authority to register a voter through an online voter |
registration system; |
(3-10) 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 notary public |
commissions and for the purpose of providing the signatures |
required to process online applications for appointment |
and commission as notaries public; or |
(4) other entities that the Secretary may authorize |
exempt by rule.
|
(Source: P.A. 98-115, eff. 7-29-13; 99-112, eff. 1-1-16.)
|
(625 ILCS 5/6-110.2 new) |
Sec. 6-110.2. Confidentiality of documents submitted with |
an application for a driver's license. Documents required to be |
submitted with an application for a driver's license to prove |
the applicant's identity (name and date of birth), social |
security number, written signature, residency, and, as |
applicable, proof of lawful status shall be confidential and |
shall not be disclosed except to the following persons: |
(1) the individual to whom the driver's license or |
permit was issued, upon written request; |
(2) 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; |
(3) law enforcement officials for a civil or criminal |
law enforcement investigation; |
(4) other entities that the Secretary may authorize by |
rule.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
| |
INDEX
| |
Statutes amended in order of appearance
|
|
