LRB093 04019 DRH 12916 a

 1                    AMENDMENT TO HOUSE BILL 3206

 2        AMENDMENT NO.     .  Amend House Bill 3206  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois  Vehicle  Code  is amended by
 5    changing Section 11-412 as follows:

 6        (625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
 7        Sec.   11-412.    Motor    vehicle    accident    reports
 8    confidential.
 9        (a)  All  required written motor vehicle accident reports
10    and supplemental reports shall be without  prejudice  to  the
11    individual so reporting and shall be for the confidential use
12    of the Department and the Secretary of State and, in the case
13    of  second  division  vehicles  operated under certificate of
14    convenience and necessity  issued by  the  Illinois  Commerce
15    Commission,  of the Commission, except that the Administrator
16    or the Secretary of State or the Commission may disclose  the
17    identity  of  a  person  involved in a motor vehicle accident
18    when such identity is not otherwise known or when such person
19    denies his presence at such motor vehicle  accident  and  the
20    Department  shall  disclose  the  identity  of  the insurance
21    carrier, if any, upon demand. The Secretary of State may also
22    disclose notations  of  accident  involvement  maintained  on
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 1    individual  driving  records.   The  Department  may  furnish
 2    copies  of  its written accident reports to federal and State
 3    agencies that are engaged  in  highway  safety  research  and
 4    studies.   Reports  furnished  to  any  agency other than the
 5    Secretary of State or the Illinois Commerce Commission may be
 6    used only for statistical or analytical purposes and shall be
 7    held confidential by that  agency.  No  such  written  report
 8    shall  be  used  as evidence in any trial, civil or criminal,
 9    arising out of a motor  vehicle  accident,  except  that  the
10    Administrator  shall  furnish  upon  demand of any person who
11    has, or claims to have, made such a written report,  or  upon
12    demand  of  any court, a certificate showing that a specified
13    written accident report has or  has  not  been  made  to  the
14    Administrator  solely  to  prove a compliance or a failure to
15    comply with the requirement that such  a  written  report  be
16    made to the Administrator.
17        (b)  Notwithstanding  any  other  provision of this Code,
18    the Department may furnish copies of accident records to  any
19    person  or  entity  in  bulk  electronic form after the name,
20    address, telephone number,  and  social  security  number  is
21    removed and only for the purpose of preparing vehicle history
22    reports  on  specific vehicles. The person or entity must pay
23    all reasonable costs associated with producing  the  accident
24    records  in  bulk  electronic  form. The Department may set a
25    bulk rate for access to the records in bulk electronic form.
26        (c)  The Department must require any person or entity who
27    requests access to accident records in bulk  electronic  form
28    to   stipulate,   through   a   written  agreement  with  the
29    Department, the following:
30             (1)  that the person or entity may use the  accident
31        records only for the purpose of identifying vehicles that
32        have  been  involved  in accidents or damaged and not for
33        the purpose of identifying individuals;
34             (2)  that  the  person   or   entity   assumes   all
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 1        responsibilities  for  the  accurate use and portrayal of
 2        the accident record;
 3             (3) that the  person  or  entity  may  not  use  the
 4        accident  records  in  a manner in which the integrity of
 5        the information in the accident records is compromised;
 6             (4)  that the person or entity  is  responsible  for
 7        omissions  or errors in the accident records committed by
 8        or on behalf of the person or entity;
 9             (5)  that  the  person  or  entity  must  remove  or
10        correct an  accident  record  upon  notification  to  the
11        person  or entity that the accident record was created in
12        error or that  certain  data  elements  on  the  accident
13        record were entered in error;
14             (6)  that the person or entity indemnifies any third
15        party requestor of the accident record, in the case of an
16        accident  record provided by the Department to the person
17        or entity that becomes available after  the  third  party
18        requestor's  request,  against  losses sustained from the
19        sale of a motor vehicle; and
20             (7)  that the person or entity intends  to  use  the
21        accident  records  only to the extent permitted under the
22        Driver's Privacy Protection Section of the Violent  Crime
23        Control  and  Law  Enforcement Act of 1994 and subsequent
24        amendments.
25        (d)  The Department  may  cease  providing  the  accident
26    records  to  the person or entity if the Department concludes
27    that the person or entity has  failed  to  use  the  accident
28    records  in  the  manner  prescribed  by  this  Section.  The
29    Department  shall  resume providing the records to the person
30    or entity if the person or entity cures the failure within 90
31    days after receiving notice that the records no longer  would
32    be provided.
33        (e)  The  Department  of Transportation at its discretion
34    may  provide  for  in-depth   investigations   of   accidents
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 1    involving  Department employees.  A written report describing
 2    the preventability of such an accident  may  be  prepared  to
 3    enhance the safety of Department employees.  Such reports and
 4    any  opinions  expressed  in the review of the accident as to
 5    the  preventability  of  the  accident  shall  be   for   the
 6    privileged  use  of  the Department and held confidential and
 7    shall not be obtainable or used  in  any  civil  or  criminal
 8    proceeding.
 9    (Source: P.A. 89-503, eff. 7-1-96.)".