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90_HB0274sam002
LRB9000456DPcwam01
1 AMENDMENT TO HOUSE BILL 274
2 AMENDMENT NO. . Amend House Bill 274 on page 5,
3 immediately below line 7, by inserting the following:
4 "Section 7. The Freedom of Information Act is amended by
5 changing Sections 2 and 6 as follows:
6 (5 ILCS 140/2) (from Ch. 116, par. 202)
7 Sec. 2. Definitions. As used in this Act:
8 (a) "Public body" means any legislative, executive,
9 administrative, or advisory bodies of the State, state
10 universities and colleges, counties, townships, cities,
11 villages, incorporated towns, school districts and all other
12 municipal corporations, boards, bureaus, committees, or
13 commissions of this State, and any subsidiary bodies of any
14 of the foregoing including but not limited to committees and
15 subcommittees which are supported in whole or in part by tax
16 revenue, or which expend tax revenue. "Public body" does not
17 include a child death review team established under the Child
18 Death Review Team Act.
19 (b) "Person" means any individual, corporation,
20 partnership, firm, organization or association, acting
21 individually or as a group.
22 (c) "Public records" means all records, reports, forms,
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1 writings, letters, memoranda, books, papers, maps,
2 photographs, microfilms, cards, tapes, recordings, electronic
3 data processing records, recorded information and all other
4 documentary materials, regardless of physical form or
5 characteristics, having been prepared, or having been or
6 being used, received, possessed or under the control of any
7 public body. "Public records" includes, but is expressly not
8 limited to: (i) administrative manuals, procedural rules,
9 and instructions to staff, unless exempted by Section 7(p) of
10 this Act; (ii) final opinions and orders made in the
11 adjudication of cases, except an educational institution's
12 adjudication of student or employee grievance or disciplinary
13 cases; (iii) substantive rules; (iv) statements and
14 interpretations of policy which have been adopted by a public
15 body; (v) final planning policies, recommendations, and
16 decisions; (vi) factual reports, inspection reports, and
17 studies whether prepared by or for the public body; (vii) all
18 information in any account, voucher, or contract dealing with
19 the receipt or expenditure of public or other funds of public
20 bodies; (viii) the names, salaries, titles, and dates of
21 employment of all employees and officers of public bodies;
22 (ix) materials containing opinions concerning the rights of
23 the state, the public, a subdivision of state or a local
24 government, or of any private persons; (x) the name of every
25 official and the final records of voting in all proceedings
26 of public bodies; (xi) applications for any contract, permit,
27 grant, or agreement except as exempted from disclosure by
28 subsection (g) of Section 7 of this Act; (xii) each report,
29 document, study, or publication prepared by independent
30 consultants or other independent contractors for the public
31 body; (xiii) all other information required by law to be made
32 available for public inspection or copying; (xiv) information
33 relating to any grant or contract made by or between a public
34 body and another public body or private organization; and
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1 (xv) waiver documents filed with the State Superintendent of
2 Education or the president of the University of Illinois
3 under Section 30-12.5 of the School Code, concerning nominees
4 for General Assembly scholarships under Sections 30-9, 30-10,
5 and 30-11 of the School Code.
6 (d) "Copying" means the reproduction of any public
7 record by means of any photographic, electronic, mechanical
8 or other process, device or means.
9 (e) "Head of the public body" means the president,
10 mayor, chairman, presiding officer, director, superintendent,
11 manager, supervisor or individual otherwise holding primary
12 executive and administrative authority for the public body,
13 or such person's duly authorized designee.
14 (f) "News media" means a newspaper or other periodical
15 issued at regular intervals, a news service, a radio station,
16 a television station, a community antenna television service,
17 or a person or corporation engaged in making news reels or
18 other motion picture news for public showing.
19 (Source: P.A. 88-614, eff. 9-7-94; 89-681, eff. 12-13-96.)
20 (5 ILCS 140/6) (from Ch. 116, par. 206)
21 Sec. 6. Authority to charge fees.
22 (a) Each public body may charge fees reasonably
23 calculated to reimburse its actual cost for reproducing and
24 certifying public records and for the use, by any person, of
25 the equipment of the public body to copy records. Such fees
26 shall exclude the costs of any search for and review of the
27 record, and shall not exceed the actual cost of reproduction
28 and certification, unless otherwise provided by State
29 statute. Such fees shall be imposed according to a standard
30 scale of fees, established and made public by the body
31 imposing them.
32 (b) Documents shall be furnished without charge or at a
33 reduced charge, as determined by the public body, if the
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1 person requesting the documents states the specific purpose
2 for the request and indicates that a waiver or reduction of
3 the fee is in the public interest. Waiver or reduction of
4 the fee is in the public interest if the principal purpose of
5 the request is to access and disseminate information
6 regarding the health, safety and welfare or the legal rights
7 of the general public and is not for the principal purpose of
8 personal or commercial benefit. For purposes of this
9 subsection, "commercial benefit" shall not apply to requests
10 made by news media when the principal purpose of the request
11 is to access and disseminate information regarding the
12 health, safety, and welfare or the legal rights of the
13 general public. In setting the amount of the waiver or
14 reduction, the public body may take into consideration the
15 amount of materials requested and the cost of copying them.
16 (c) The purposeful imposition of a fee not consistent
17 with subsections (6)(a) and (b) of this Act shall be
18 considered a denial of access to public records for the
19 purposes of judicial review.
20 (d) The fee for an abstract of a driver's record shall
21 be as provided in Section 6-118 of "The Illinois Vehicle
22 Code", approved September 29, 1969, as amended.
23 (Source: P.A. 85-1357.)"; and
24 on page 9, immediately below line 7, by inserting the
25 following:
26 "Section 15. The Illinois Vehicle Code is amended by
27 changing Section 2-123 and adding Section 1-148.5 as follows:
28 (625 ILCS 5/1-148.5 new)
29 Sec. 1-148.5. News media. A newspaper or other
30 periodical issued at regular intervals, a news service, a
31 radio station, a television station, a community antenna
32 television service, or a person or corporation engaged in
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1 making news reels or other motion picture news for public
2 showing.
3 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
4 Sec. 2-123. Sale and distribution of information.
5 (a) Except as otherwise provided in this Section, the
6 Secretary may make the driver's license, vehicle and title
7 registration lists, in part or in whole, and any statistical
8 information derived from these lists available to local
9 governments, elected state officials, state educational
10 institutions, public libraries and all other governmental
11 units of the State and Federal Government requesting them for
12 governmental purposes. The Secretary shall require any such
13 applicant for services to pay for the costs of furnishing
14 such services and the use of the equipment involved, and in
15 addition is empowered to establish prices and charges for the
16 services so furnished and for the use of the electronic
17 equipment utilized.
18 (b) The Secretary is further empowered to and he may, in
19 his discretion, furnish to any applicant, other than listed
20 in subsection (a) of this Section, vehicle or driver data on
21 a computer tape, disk, or printout at a fixed fee of $200 in
22 advance and require in addition a further sufficient deposit
23 based upon the Secretary of State's estimate of the total
24 cost of the information requested and a charge of $20 per
25 1,000 units or part thereof identified or the actual cost,
26 whichever is greater. The Secretary is authorized to refund
27 any difference between the additional deposit and the actual
28 cost of the request. This service shall not be in lieu of an
29 abstract of a driver's record nor of a title or registration
30 search. The information sold pursuant to this subsection
31 shall be the entire vehicle or driver data list, or part
32 thereof.
33 (c) Secretary of State may issue registration lists.
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1 The Secretary of State shall compile and publish, at least
2 annually, a list of all registered vehicles. Each list of
3 registered vehicles shall be arranged serially according to
4 the registration numbers assigned to registered vehicles and
5 shall contain in addition the names and addresses of
6 registered owners and a brief description of each vehicle
7 including the serial or other identifying number thereof.
8 Such compilation may be in such form as in the discretion of
9 the Secretary of State may seem best for the purposes
10 intended.
11 (d) The Secretary of State shall furnish no more than 2
12 current available lists of such registrations to the sheriffs
13 of all counties and to the chiefs of police of all cities and
14 villages and towns of 2,000 population and over in this State
15 at no cost. Additional copies may be purchased at the fee of
16 $400 each or at the cost of producing the list as determined
17 by the Secretary of State.
18 (e) The Secretary of State shall upon written request
19 and the payment of the fee of $400 furnish the current
20 available list of such motor vehicle registrations to any
21 person so long as the supply of available registration lists
22 shall last.
23 (e-1) Commercial purchasers of driver and vehicle record
24 databases shall enter into a written agreement with the
25 Secretary of State that includes disclosure of the commercial
26 use of the intended purchase. Affected drivers, vehicle
27 owners, or registrants may request that their personally
28 identifiable information not be used for commercial
29 solicitation purposes.
30 (f) Title or registration search and certification
31 thereof - Fee. The Secretary of State shall make a title or
32 registration search of the records of his office and a
33 written report on the same for any person, upon written
34 application of such person, accompanied by a fee of $4 for
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1 each registration or title search. No fee shall be charged
2 for a title or registration search, or for the certification
3 thereof requested by a government agency.
4 The Secretary of State shall certify a title or
5 registration record upon written request. The fee for
6 certification shall be $4 in addition to the fee required for
7 a title or registration search. Certification shall be made
8 under the signature of the Secretary of State and shall be
9 authenticated by Seal of the Secretary of State.
10 The Secretary of State may notify the vehicle owner or
11 registrant of the request for purchase of his title or
12 registration information as the Secretary deems appropriate.
13 The vehicle owner or registrant residence address and
14 other personally identifiable information on the record shall
15 not be disclosed. This nondisclosure shall not apply to
16 requests made by law enforcement officials, government
17 agencies, financial institutions, attorneys, insurers,
18 employers, automobile associated businesses, other business
19 entities for purposes consistent with the Illinois Vehicle
20 Code, the vehicle owner or registrant, or other entities as
21 the Secretary may exempt by rule and regulation. This
22 information may be withheld from the entities listed above,
23 except law enforcement and government agencies upon
24 presentation of a valid court order of protection for the
25 duration of the order.
26 No information shall be released to the requestor until
27 expiration of a 10 day period. This 10 day period shall not
28 apply to requests for information made by law enforcement
29 officials, government agencies, financial institutions,
30 attorneys, insurers, employers, automobile associated
31 businesses, persons licensed as a private detective or firms
32 licensed as a private detective agency under the Private
33 Detective, Private Alarm, and Private Security Act of 1983,
34 who are employed by or are acting on behalf of law
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1 enforcement officials, government agencies, financial
2 institutions, attorneys, insurers, employers, automobile
3 associated businesses, and other business entities for
4 purposes consistent with the Illinois Vehicle Code, the
5 vehicle owner or registrant or other entities as the
6 Secretary may exempt by rule and regulation.
7 Any misrepresentation made by a requestor of title or
8 vehicle information shall be punishable as a petty offense,
9 except in the case of persons licensed as a private detective
10 or firms licensed as a private detective agency which shall
11 be subject to disciplinary sanctions under Section 22 or 25
12 of the Private Detective, Private Alarm, and Private Security
13 Act of 1983.
14 (g) 1. The Secretary of State may, upon receipt of a
15 written request and a fee of $5, furnish to the person or
16 agency so requesting a driver's record. Such document
17 may include a record of: current driver's license
18 issuance information, except that the information on
19 judicial driving permits shall be available only as
20 otherwise provided by this Code; convictions; orders
21 entered revoking, suspending or cancelling a driver's
22 license or privilege; and notations of accident
23 involvement. All other information, unless otherwise
24 permitted by this Code, shall remain confidential.
25 2. The Secretary of State may certify an abstract
26 of a driver's record upon written request therefor.
27 Such certification shall be made under the signature of
28 the Secretary of State and shall be authenticated by the
29 Seal of his office.
30 3. All requests for driving record information
31 shall be made in a manner prescribed by the Secretary.
32 The Secretary of State may notify the affected
33 driver of the request for purchase of his driver's record
34 as the Secretary deems appropriate.
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1 The affected driver residence address and other
2 personally identifiable information on the record shall
3 not be disclosed. This nondisclosure shall not apply to
4 requests made by law enforcement officials, government
5 agencies, financial institutions, attorneys, insurers,
6 employers, automobile associated businesses, other
7 business entities for purposes consistent with the
8 Illinois Vehicle Code, the affected driver, or other
9 entities as the Secretary may exempt by rule and
10 regulation. This information may be withheld from the
11 entities listed above, except law enforcement and
12 government agencies, upon presentation of a valid court
13 order of protection for the duration of the order.
14 No information shall be released to the requester
15 until expiration of a 10 day period. This 10 day period
16 shall not apply to requests for information made by law
17 enforcement officials, government agencies, financial
18 institutions, attorneys, insurers, employers, automobile
19 associated businesses, persons licensed as a private
20 detective or firms licensed as a private detective agency
21 under the Private Detective, Private Alarm, and Private
22 Security Act of 1983, who are employed by or are acting
23 on behalf of law enforcement officials, government
24 agencies, financial institutions, attorneys, insurers,
25 employers, automobile associated businesses, and other
26 business entities for purposes consistent with the
27 Illinois Vehicle Code, the affected driver or other
28 entities as the Secretary may exempt by rule and
29 regulation.
30 Any misrepresentation made by a requestor of driver
31 information shall be punishable as a petty offense,
32 except in the case of persons licensed as a private
33 detective or firms licensed as a private detective agency
34 which shall be subject to disciplinary sanctions under
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1 Section 22 or 25 of the Private Detective, Private Alarm,
2 and Private Security Act of 1983.
3 4. The Secretary of State may furnish without fee,
4 upon the written request of a law enforcement agency, any
5 information from a driver's record on file with the
6 Secretary of State when such information is required in
7 the enforcement of this Code or any other law relating to
8 the operation of motor vehicles, including records of
9 dispositions; documented information involving the use of
10 a motor vehicle; whether such individual has, or
11 previously had, a driver's license; and the address and
12 personal description as reflected on said driver's
13 record.
14 5. Except as otherwise provided in this Section,
15 the Secretary of State may furnish, without fee,
16 information from an individual driver's record on file,
17 if a written request therefor is submitted by any public
18 transit system or authority, public defender, law
19 enforcement agency, a state or federal agency, or an
20 Illinois local intergovernmental association, if the
21 request is for the purpose of a background check of
22 applicants for employment with the requesting agency, or
23 for the purpose of an official investigation conducted by
24 the agency, or to determine a current address for the
25 driver so public funds can be recovered or paid to the
26 driver, or for any other lawful purpose.
27 The Secretary may also furnish the courts a copy of
28 an abstract of a driver's record, without fee, subsequent
29 to an arrest for a violation of Section 11-501 or a
30 similar provision of a local ordinance. Such abstract
31 may include records of dispositions; documented
32 information involving the use of a motor vehicle as
33 contained in the current file; whether such individual
34 has, or previously had, a driver's license; and the
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1 address and personal description as reflected on said
2 driver's record.
3 6. Any abstract issued by the Secretary of State
4 pursuant to this Section, to a court or on request of a
5 law enforcement agency, for the record of a named person
6 as to the status of the person's driver's license shall
7 be prima facie evidence of the facts therein stated and
8 if the name appearing in such abstract is the same as
9 that of a person named in an information or warrant, such
10 abstract shall be prima facie evidence that the person
11 named in such information or warrant is the same person
12 as the person named in such abstract.
13 7. Subject to any restrictions contained in the
14 Juvenile Court Act of 1987, and upon receipt of a proper
15 request and a fee of $5, the Secretary of State shall
16 provide a driver's record to the affected driver, or the
17 affected driver's attorney, upon verification. Such
18 record shall contain all the information referred to in
19 paragraph 1 of this subsection (g) plus: any recorded
20 accident involvement as a driver; information recorded
21 pursuant to subsection (e) of Section 6-117 and paragraph
22 4 of subsection (a) of Section 6-204 of this Code. All
23 other information, unless otherwise permitted by this
24 Code, shall remain confidential.
25 (h) The Secretary shall not disclose social security
26 numbers except pursuant to a written request by, or with the
27 prior written consent of, the individual except to: (1)
28 officers and employees of the Secretary who have a need to
29 know the social security numbers in performance of their
30 official duties, (2) law enforcement officials for a lawful,
31 civil or criminal law enforcement investigation, and if the
32 head of the law enforcement agency has made a written request
33 to the Secretary specifying the law enforcement investigation
34 for which the social security numbers are being sought, (3)
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1 the United States Department of Transportation, or any other
2 State, pursuant to the administration and enforcement of the
3 Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
4 the order of a court of competent jurisdiction, or (5) the
5 Department of Public Aid for utilization in the child support
6 enforcement duties assigned to that Department under
7 provisions of the Public Aid Code after the individual has
8 received advanced meaningful notification of what
9 redisclosure is sought by the Secretary in accordance with
10 the federal Privacy Act; provided, the redisclosure shall not
11 be authorized by the Secretary prior to September 30, 1992.
12 (i) The Secretary of State is empowered to promulgate
13 rules and regulations to effectuate this Section.
14 (j) Medical statements or medical reports received in
15 the Secretary of State's Office shall be confidential. No
16 confidential information may be open to public inspection or
17 the contents disclosed to anyone, except officers and
18 employees of the Secretary who have a need to know the
19 information contained in the medical reports and the Driver
20 License Medical Advisory Board, unless so directed by an
21 order of a court of competent jurisdiction.
22 (k) All fees collected under this Section shall be paid
23 into the Road Fund of the State Treasury, except that $3 of
24 the $5 fee for a driver's record shall be paid into the
25 Secretary of State Special Services Fund.
26 (l) The Secretary of State shall report his
27 recommendations to the General Assembly by January 1, 1993,
28 regarding the sale and dissemination of the information
29 maintained by the Secretary, including the sale of lists of
30 driver and vehicle records.
31 (m) Requests made by the news media for driver's
32 license, vehicle, or title registration information may be
33 furnished without charge or at a reduced charge, as
34 determined by the Secretary, when the specific purpose for
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1 requesting the documents is deemed to be in the public
2 interest. Waiver or reduction of the fee is in the public
3 interest if the principal purpose of the request is to access
4 and disseminate information regarding the health, safety, and
5 welfare or the legal rights of the general public and is not
6 for the principal purpose of gaining a personal or commercial
7 benefit.
8 (Source: P.A. 88-208; 88-363; 88-670, eff. 12-2-94; 89-503,
9 eff. 7-1-96.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.".