Bill Text: IL SB1580 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Removes provisions providing that a written motor vehicle accident report is privileged as to the Secretary of State and the Department of Transportation and shall be held confidential. Provides that the Department may provide for in-depth investigations of accidents involving Department employees or other motor vehicle accidents (rather than investigations of only motor vehicle accidents) by individuals or special investigation groups. Provides that an accident report required to be made in writing shall be made on an approved (rather than appropriate) form or in an approved electronic format provided by the Administrator. Provides that upon written request, the Department shall furnish copies of a written accident report or any supplemental reports to a federal, State, or local agency that is engaged in highway safety research and study and to any person or entity that has a contractual relationship with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. Provides that upon written request, the Department shall furnish motor vehicle accident data to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. Defines "motor vehicle accident data". Makes conforming changes. Amends the Freedom of Information Act to exempt from inspection and copying information contained in motor vehicle accident reports and supplemental reports under Article IV of Chapter 11 of the Illinois Vehicle Code.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-08-11 - Public Act . . . . . . . . . 100-0096 [SB1580 Detail]

Download: Illinois-2017-SB1580-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1580

Introduced 2/9/2017, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:
5 ILCS 140/7.5
625 ILCS 5/1-146.5 new
625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408
625 ILCS 5/11-411 from Ch. 95 1/2, par. 11-411
625 ILCS 5/11-412 from Ch. 95 1/2, par. 11-412
625 ILCS 5/11-414 from Ch. 95 1/2, par. 11-414
625 ILCS 5/11-417 new

Amends the Illinois Vehicle Code. Removes provisions providing that a written motor vehicle accident report is privileged as to the Secretary of State and the Department of Transportation and shall be held confidential. Provides that the Department may provide for in-depth investigations of accidents involving Department employees or other motor vehicle accidents (rather than investigations of only motor vehicle accidents) by individuals or special investigation groups. Provides that an accident report required to be made in writing shall be made on an approved (rather than appropriate) form or in an approved electronic format provided by the Administrator. Provides that upon written request, the Department shall furnish copies of a written accident report or any supplemental reports to a federal, State, or local agency that is engaged in highway safety research and study and to any person or entity that has a contractual relationship with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. Provides that upon written request, the Department shall furnish motor vehicle accident data to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. Defines "motor vehicle accident data". Makes conforming changes. Amends the Freedom of Information Act to exempt from inspection and copying information contained in motor vehicle accident reports and supplemental reports under Article IV of Chapter 11 of the Illinois Vehicle Code.
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A BILL FOR

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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other records
19 prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

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1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a local
21 emergency energy plan ordinance that is adopted under
22 Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by wireless
25 carriers under the Wireless Emergency Telephone Safety
26 Act.

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1 (k) Law enforcement officer identification information
2 or driver identification information compiled by a law
3 enforcement agency or the Department of Transportation
4 under Section 11-212 of the Illinois Vehicle Code.
5 (l) Records and information provided to a residential
6 health care facility resident sexual assault and death
7 review team or the Executive Council under the Abuse
8 Prevention Review Team Act.
9 (m) Information provided to the predatory lending
10 database created pursuant to Article 3 of the Residential
11 Real Property Disclosure Act, except to the extent
12 authorized under that Article.
13 (n) Defense budgets and petitions for certification of
14 compensation and expenses for court appointed trial
15 counsel as provided under Sections 10 and 15 of the Capital
16 Crimes Litigation Act. This subsection (n) shall apply
17 until the conclusion of the trial of the case, even if the
18 prosecution chooses not to pursue the death penalty prior
19 to trial or sentencing.
20 (o) Information that is prohibited from being
21 disclosed under Section 4 of the Illinois Health and
22 Hazardous Substances Registry Act.
23 (p) Security portions of system safety program plans,
24 investigation reports, surveys, schedules, lists, data, or
25 information compiled, collected, or prepared by or for the
26 Regional Transportation Authority under Section 2.11 of

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1 the Regional Transportation Authority Act or the St. Clair
2 County Transit District under the Bi-State Transit Safety
3 Act.
4 (q) Information prohibited from being disclosed by the
5 Personnel Records Review Act.
6 (r) Information prohibited from being disclosed by the
7 Illinois School Student Records Act.
8 (s) Information the disclosure of which is restricted
9 under Section 5-108 of the Public Utilities Act.
10 (t) All identified or deidentified health information
11 in the form of health data or medical records contained in,
12 stored in, submitted to, transferred by, or released from
13 the Illinois Health Information Exchange, and identified
14 or deidentified health information in the form of health
15 data and medical records of the Illinois Health Information
16 Exchange in the possession of the Illinois Health
17 Information Exchange Authority due to its administration
18 of the Illinois Health Information Exchange. The terms
19 "identified" and "deidentified" shall be given the same
20 meaning as in the Health Insurance Portability and
21 Accountability Act of 1996, Public Law 104-191, or any
22 subsequent amendments thereto, and any regulations
23 promulgated thereunder.
24 (u) Records and information provided to an independent
25 team of experts under Brian's Law.
26 (v) Names and information of people who have applied

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1 for or received Firearm Owner's Identification Cards under
2 the Firearm Owners Identification Card Act or applied for
3 or received a concealed carry license under the Firearm
4 Concealed Carry Act, unless otherwise authorized by the
5 Firearm Concealed Carry Act; and databases under the
6 Firearm Concealed Carry Act, records of the Concealed Carry
7 Licensing Review Board under the Firearm Concealed Carry
8 Act, and law enforcement agency objections under the
9 Firearm Concealed Carry Act.
10 (w) Personally identifiable information which is
11 exempted from disclosure under subsection (g) of Section
12 19.1 of the Toll Highway Act.
13 (x) Information which is exempted from disclosure
14 under Section 5-1014.3 of the Counties Code or Section
15 8-11-21 of the Illinois Municipal Code.
16 (y) Confidential information under the Adult
17 Protective Services Act and its predecessor enabling
18 statute, the Elder Abuse and Neglect Act, including
19 information about the identity and administrative finding
20 against any caregiver of a verified and substantiated
21 decision of abuse, neglect, or financial exploitation of an
22 eligible adult maintained in the Registry established
23 under Section 7.5 of the Adult Protective Services Act.
24 (z) Records and information provided to a fatality
25 review team or the Illinois Fatality Review Team Advisory
26 Council under Section 15 of the Adult Protective Services

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1 Act.
2 (aa) Information which is exempted from disclosure
3 under Section 2.37 of the Wildlife Code.
4 (bb) Information which is or was prohibited from
5 disclosure by the Juvenile Court Act of 1987.
6 (cc) Recordings made under the Law Enforcement
7 Officer-Worn Body Camera Act, except to the extent
8 authorized under that Act.
9 (dd) Information that is prohibited from being
10 disclosed under Section 45 of the Condominium and Common
11 Interest Community Ombudsperson Act.
12 (ee) (dd) Information that is exempted from disclosure
13 under Section 30.1 of the Pharmacy Practice Act.
14 (ff) Information that is exempted from disclosure
15 under Article IV of Chapter 11 of the Illinois Vehicle
16 Code.
17(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
18eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1999-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
2099-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
218-19-16; revised 9-1-16.)
22 Section 10. The Illinois Vehicle Code is amended by
23changing Sections 11-408, 11-411, 11-412, and 11-414 and by
24adding Sections 1-146.5 and 11-417 as follows:

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1 (625 ILCS 5/1-146.5 new)
2 Sec. 1-146.5. Motor vehicle accident data. Any information
3generated from a motor vehicle accident report or supplemental
4report, but shall not include a copy of the motor vehicle
5accident report or supplemental report, personally identifying
6information as defined in Section 1-159.2 of this Code, or any
7other information disclosure of which is prohibited by law.
8 (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
9 Sec. 11-408. Police to report motor vehicle accident
10investigations.
11 (a) Every law enforcement officer who investigates a motor
12vehicle accident for which a report is required by this Article
13or who prepares a written report as a result of an
14investigation either at the time and scene of such motor
15vehicle accident or thereafter by interviewing participants or
16witnesses shall forward a written report of such motor vehicle
17accident to the Administrator on forms provided by the
18Administrator under Section 11-411 within 10 days after
19investigation of the motor vehicle accident, or within such
20other time as is prescribed by the Administrator. Such written
21reports and the information contained in those reports required
22to be forwarded by law enforcement officers and the information
23contained therein are privileged as to the Secretary of State
24and the Department and, in the case of second division vehicles
25operated under certificate of convenience and necessity issued

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1by the Illinois Commerce Commission, to the Commission, but
2shall not be held confidential by the reporting law enforcement
3officer or agency. The Secretary of State may also disclose
4notations of accident involvement maintained on individual
5driving records. However, the Administrator or the Secretary of
6State may require a supplemental written report from the
7reporting law enforcement officer and such supplemental report
8shall be for the privileged use of the Secretary of State and
9the Department and shall be held confidential. Upon request,
10the Department shall furnish copies of its written accident
11reports to federal, State, and local agencies that are engaged
12in highway safety research and studies. The reports shall be
13for the privileged use of the federal, State, and local
14agencies receiving the reports and shall be held confidential.
15 (b) The Department at its discretion may require a
16supplemental written report from the reporting law enforcement
17officer on a form supplied by the Department to be submitted
18directly to the Department. Such supplemental report may be
19used only for accident studies and statistical or analytical
20purposes under Section 11-412 or 11-414 of this Code , and
21shall be for the privileged use of the Department and shall be
22held confidential.
23 (c) The Department at its discretion may also provide for
24in-depth investigations of accidents involving Department
25employees or other a motor vehicle accidents accident by
26individuals or special investigation groups, including but not

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1limited to police officers, photographers, engineers, doctors,
2mechanics, and as a result of the investigation may require the
3submission of written reports, photographs, charts, sketches,
4graphs, or a combination of all. Such individual written
5reports, photographs, charts, sketches, or graphs may be used
6only for accident studies and statistical or analytical
7purposes under Section 11-412 or 11-414 of this Code , shall be
8for the privileged use of the Department and held confidential,
9and shall not be used in any trial, civil or criminal.
10 (d) On and after July 1, 1997, law enforcement officers who
11have reason to suspect that the motor vehicle accident was the
12result of a driver's loss of consciousness due to a medical
13condition, as defined by the Driver's License Medical Review
14Law of 1992, or the result of any medical condition that
15impaired the driver's ability to safely operate a motor vehicle
16shall notify the Secretary of this determination. The
17Secretary, in conjunction with the Driver's License Medical
18Advisory Board, shall determine by administrative rule the
19temporary conditions not required to be reported under the
20provisions of this Section. The Secretary shall, in conjunction
21with the Illinois State Police and representatives of local and
22county law enforcement agencies, promulgate any rules
23necessary and develop the procedures and documents that may be
24required to obtain written, electronic, or other agreed upon
25methods of notification to implement the provisions of this
26Section.

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1 (e) Law enforcement officers reporting under the
2provisions of subsection (d) of this Section shall enjoy the
3same immunities granted members of the Driver's License Medical
4Advisory Board under Section 6-910 of this Code.
5 (f) All information furnished to the Secretary under
6subsection (d) of this Section shall be deemed confidential and
7for the privileged use of the Secretary in accordance with the
8provisions of subsection (j) of Section 2-123 of this Code.
9(Source: P.A. 96-1147, eff. 7-21-10.)
10 (625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
11 Sec. 11-411. Accident report forms.
12 (a) The Administrator must prepare and upon request supply
13to police departments, sheriffs and other appropriate agencies
14or individuals, forms for written accident reports as required
15hereunder, suitable with respect to the persons required to
16make such reports and the purposes to be served. The written
17reports must call for sufficiently detailed information to
18disclose with reference to a vehicle accident the cause,
19conditions then existing, and the persons and vehicles involved
20or any other data concerning such accident that may be required
21for a complete analysis of all related circumstances and events
22leading to the accident or subsequent to the occurrence.
23 (b) Every accident report required to be made in writing
24must be made on an approved appropriate form or in an approved
25electronic format approved or provided by the Administrator and

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1must contain all the information required therein unless that
2information is not available. The Department shall adopt any
3rules necessary to implement this subsection (b).
4 (c) Should special accident studies be required by the
5Administrator, the Administrator may provide the supplemental
6forms for the special studies.
7(Source: P.A. 78-255.)
8 (625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
9 Sec. 11-412. Motor vehicle accident reports confidential.
10 (a) All required written motor vehicle accident reports and
11supplemental reports shall be without prejudice to the
12individual so reporting and shall be for the confidential use
13of the Department and the Secretary of State and, in the case
14of second division vehicles operated under certificate of
15convenience and necessity issued by the Illinois Commerce
16Commission, of the Commission, except that the Administrator or
17the Secretary of State or the Commission may disclose the
18identity of a person involved in a motor vehicle accident when
19such identity is not otherwise known or when such person denies
20his presence at such motor vehicle accident and the Department
21shall disclose the identity of the insurance carrier, if any,
22upon demand. The Secretary of State may also disclose notations
23of accident involvement maintained on individual driving
24records.
25 (b) Upon written request, the The Department shall may

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1furnish copies of its written accident reports or any
2supplemental reports to federal, State, and local agencies that
3are engaged in highway safety research and studies and to any
4person or entity that has a contractual agreement with the
5Department or a federal, State, or local agency to a complete a
6highway safety research and study for the Department or the
7federal, State, or local agency. Reports furnished to any
8agency, person, or entity other than the Secretary of State or
9the Illinois Commerce Commission may be used only for
10statistical or analytical purposes and shall be held
11confidential by that agency, person, or entity. These reports
12shall be exempt from inspection and copying under the Freedom
13of Information Act and shall not be No such written report
14shall be used as evidence in any trial, civil or criminal,
15arising out of a motor vehicle accident, except that the
16Administrator shall furnish upon demand of any person who has,
17or claims to have, made such a written or supplemental report,
18or upon demand of any court, a certificate showing that a
19specified written accident report or supplemental report has or
20has not been made to the Administrator solely to prove a
21compliance or a failure to comply with the requirement that
22such a written or supplemental report be made to the
23Administrator.
24 (c) Upon written request, the Department shall furnish
25motor vehicle accident data to a federal, State, or local
26agency, the Secretary of State, the Illinois Commerce

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1Commission, or any other person or entity under Section 11-417
2of this Code.
3 (d) The Department of Transportation at its discretion may
4provide for in-depth investigations of accidents involving
5Department employees or other motor vehicle accidents. A
6written report describing the preventability of such an
7accident may be prepared to enhance the safety of Department
8employees or the traveling public. Such reports and the
9information contained in those reports and any opinions
10expressed in the review of the accident as to the
11preventability of the accident shall be for the privileged use
12of the Department and held confidential and shall not be
13obtainable or used in any civil or criminal proceeding.
14(Source: P.A. 95-757, eff. 7-25-08.)
15 (625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
16 Sec. 11-414. Department to tabulate and analyze motor
17vehicle accident reports. The Department shall tabulate and may
18analyze all written motor vehicle accident reports received in
19compliance with this Code and shall publish annually or at more
20frequent intervals motor vehicle accident data statistical
21information based thereon as to the number and circumstances of
22traffic accidents. The Department:
23 1. (blank); shall submit a report of school bus accidents
24and accidents resulting in personal injury to or the death of
25any person within 50 feet of a school bus while awaiting or

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1preparing to board the bus or immediately after exiting the bus
2to the National Highway Safety Advisory Committee annually or
3as requested by the Committee;
4 2. shall, upon written request, compile, maintain, and make
5available to the public motor vehicle accident data that shall
6be distributed under Sections 11-412 and 11-417 of this Code
7statistical information relating to traffic accidents
8involving medical transport vehicles;
9 3. may conduct special investigations of motor vehicle
10accidents and may solicit supplementary reports from drivers,
11owners, police departments, sheriffs, coroners, or any other
12individual. Failure of any individual to submit a supplementary
13report subjects such individual to the same penalties for
14failure to report as designated under Section 11-406.
15(Source: P.A. 83-831.)
16 (625 ILCS 5/11-417 new)
17 Sec. 11-417. Motor vehicle accident report and motor
18vehicle accident data.
19 (a) Upon written request and payment of the required fee,
20the Department shall make available to the public motor vehicle
21accident data received in compliance with this Code. The
22Department shall adopt any rules necessary to establish a fee
23schedule for motor vehicle accident data made available under
24Section 11-414 of this Code.
25 (b) The Department shall provide copies of a written motor

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1vehicle accident report or motor vehicle accident data without
2any cost or fees authorized under any provision of law to a
3federal, State, or local agency, the Secretary of State, the
4Illinois Commerce Commission, or any other person or entity
5that has a contractual agreement with the Department or a
6federal, State, or local agency to complete a highway safety
7research and study for the Department or the federal, State, or
8local agency.
9 (c) All fees collected under this Section shall be placed
10in the Road Fund to be used, subject to appropriation, for the
11costs associated with motor vehicle accident records and motor
12vehicle accident data.
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