HB1493 95TH GENERAL ASSEMBLY

LRB095 03380 DRH 23384 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1493

Introduced 2/21/2007, by Rep. Daniel J. Burke

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-406	from Ch. 95 1/2, par. 11-406
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
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Amends the Illinois Vehicle Code and the Consumer Fraud and Deceptive Business Practices Act. Requires a driver involved in an accident to report the accident to the Administrator of the Illinois Safety and Family Financial Responsibility Law of the Code within 10 days if the damage to the property of any one person as a result of the accident exceeds $1,500 (rather than $500). Provides that the written accident report forms supplied by the Administrator must call for detailed information with regard to the extent of any vehicle damage and prescribes a method for describing that damage. Provides that the Department of Transportation may supply vehicle-specific accident data to any person or entity in bulk electronic form after deleting specified private information. Provides that the person or entity must pay for the data and limits how the data may be used. Sets forth additional requirements for accessing the data. Requires the Department to create a vehicle history report database identifying vehicles damaged in accidents. Sets criteria for distribution and use of the reports compiled from the database. Makes other changes. Provides that a violation of the new provisions is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that the new provisions are inseverable and, if they are held invalid, any person or entity that previously obtained access to accident data under the new provisions shall destroy the data and discontinue using the data in vehicle history reports. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Sections 11-406, 11-411, and 11-412 as follows:

(625 ILCS 5/11-406) (from Ch. 95 1/2, par. 11-406)

Sec. 11-406. Duty to report accident.

(a) The driver of a vehicle that is in any manner involved in an accident within this State, resulting in injury to or death of any person, or in which damage to the property of any one person, including himself, in excess of $1,500 $500 is sustained, shall, as soon as possible but not later than 10 days after the accident, forward a written report of the accident to the Administrator.

(b) Whenever a school bus is involved in an accident in this State, caused by a collision, a sudden stop or otherwise, resulting in any property damage, personal injury or death and whenever an accident occurs within 50 feet of a school bus in this State resulting in personal injury to or the death of any person while awaiting or preparing to board the bus or immediately after exiting the bus, the driver shall as soon as possible but not later than 10 days after the accident, forward a written report to the Department of Transportation. If a report is also required under Subsection (a) of this Section, that report and the report required by this Subsection shall be submitted on a single form.

(c) The Administrator may require any driver, occupant or owner of a vehicle involved in an accident of which report must be made as provided in this Section or Section 11-410 of this Chapter to file supplemental reports whenever the original report is insufficient in the opinion of the Secretary of State or the Administrator, and may require witnesses of the accident to submit written reports to the Administrator. The report may include photographs, charts, sketches, and graphs.

(d) Should the Administrator learn through other reports of accidents required by law of the occurrence of an accident reportable under this Article and the driver, owner, or witness has not reported as required under Subsections (a), (b) or (c) of this Section or Section 11-410, within the time specified, the person is not relieved of the responsibility and the Administrator shall notify the person by first class mail directed to his last known address of his legal obligation. However, the notification is not a condition precedent to impose the penalty for failure to report as provided in Subsection (e).

(e) The Secretary of State shall suspend the driver's license or any non-resident's driving privilege of any person who fails or neglects to make report of a traffic accident as required or as required by any other law of this State.

(Source: P.A. 87-829.)

(625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)

Sec. 11-411. Accident report forms.

(a) The Administrator must prepare and upon request supply to police departments, sheriffs and other appropriate agencies or individuals, forms for written accident reports as required hereunder, suitable with respect to the persons required to make such reports and the purposes to be served. The written reports must call for sufficiently detailed information to disclose with reference to a vehicle accident the cause, conditions then existing, and the persons and vehicles involved, the extent of any vehicle damage as provided in subsection (a-5), and or any other data concerning such accident that may be required for a complete analysis of all related circumstances and events leading to the accident or subsequent to the occurrence.

(a-5) The information provided under subsection (a) shall include a description of the extent of damage to each vehicle involved, using the following terms according to their respective definitions:

(1) "None" means there is no apparent damage to the vehicle.

(2) "Very minor" means the vehicle has sustained damage of a cosmetic nature, but not including dents or missing trim pieces. Examples: paint scratches; tire scuff marks; bumper rub marks.

(3) "Minor" means that (i) the vehicle has sustained damage that may include dents but is repairable and (ii) the damage does not include creased metal parts. Examples: tire damage; a broken windshield or window; missing trim pieces; small dents.

(4) "Moderate" means that (i) the vehicle has sustained damage that includes dented or creased quarter panels, broken or missing parts that can be either replaced or repaired, or damage from an engine compartment fire and (ii) the vehicle has not sustained damage to its frame or unibody.

(5) "Severe" means the vehicle is not drivable but may be salvaged.

(6) "Very severe" means the vehicle is not salvageable. Example: extensive vehicle damage due to a collision, fire, or roll over.

(7) "Unknown" means the extent of the damage is unknown to the investigating officer. Examples: a vehicle repaired prior to the police investigation; a vehicle returned to the owner's or driver's home state after an accident; an unidentified vehicle whose driver fled the accident scene.

(b) Every accident report required to be made in writing must be made on an appropriate form approved or provided by the Administrator and must contain all the information required therein unless that information is not available.

(c) Should special accident studies be required by the Administrator, the Administrator may provide the supplemental forms for the special studies.

(Source: P.A. 78-255.)

(625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)

Sec. 11-412. Motor vehicle accident reports confidential.

(a) All required written motor vehicle accident reports and supplemental reports shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department and the Secretary of State and, in the case of second division vehicles operated under certificate of convenience and necessity issued by the Illinois Commerce Commission, of the Commission, except that the Administrator or the Secretary of State or the Commission may disclose the identity of a person involved in a motor vehicle accident when such identity is not otherwise known or when such person denies his presence at such motor vehicle accident and the Department shall disclose the identity of the insurance carrier, if any, upon demand. The Secretary of State may also disclose notations of accident involvement maintained on individual driving records. The Department may furnish copies of its written accident reports to federal and State agencies that are engaged in highway safety research and studies. Reports furnished to any agency other than the Secretary of State or the Illinois Commerce Commission may be used only for statistical or analytical purposes and shall be held confidential by that agency. No such written report shall be used as evidence in any trial, civil or criminal, arising out of a motor vehicle accident, except that the Administrator shall furnish upon demand of any person who has, or claims to have, made such a written report, or upon demand of any court, a certificate showing that a specified written accident report has or has not been made to the Administrator solely to prove a compliance or a failure to comply with the requirement that such a written report be made to the Administrator.

(b) The Department of Transportation at its discretion may provide for in-depth investigations of accidents involving Department employees. A written report describing the preventability of such an accident may be prepared to enhance the safety of Department employees. Such reports and any opinions expressed in the review of the accident as to the preventability of the accident shall be for the privileged use of the Department and held confidential and shall not be obtainable or used in any civil or criminal proceeding.

(c) The Department may supply vehicle-specific accident data to any person or entity in bulk electronic form after deleting all private information, including, but not limited, to the following:

(1) the name, address, telephone number, social security number, driver's license number, and date of birth of the driver;

(2) the vehicle's license plate number;

(3) the insurance policy number and company covering the vehicle;

(4) the accident report number; and

(5) the identification number of the peace officer investigating the accident.

The data supplied under this subsection (c) may be used only for the purpose of preparing vehicle-specific history reports.

(d) The person or entity must pay for all records obtained in bulk electronic form. The Department may set a bulk rate for access to the records in bulk electronic form. The bulk rate must, at a minimum, cover all costs associated with compiling and producing the accident records. The Department, however, shall not agree to grant to any person or entity an exclusive right to receive this information or data.

(e) Any person or entity that requests access to the accident data in bulk electronic form shall:

(1) use the data only for the purpose of identifying vehicles that have been damaged and not for the purpose of identifying or contacting individuals or for the purpose of setting insurance premiums;

(2) assume all responsibility for the accurate use and portrayal of the accident data;

(3) not use the accident data in a manner that compromises the integrity of the information regarding the accident;

(4) be liable for omissions or errors in the accident data occurring as a result of actions by or on behalf of the person or entity;

(5) promptly remove or correct the accident data upon receiving notification that the accident data was created in error or that certain data elements on an accident record were entered in error;

(6) use the accident records only to the extent permitted under the Driver's Privacy Protection Act of 1994 and subsequent amendments;

(7) not sell the data to any third party, except as part of individual vehicle history reports;

(8) in addition to being subject to other statutory or common law remedies, refund the cost of the report if the vehicle history report provided on a particular vehicle is inaccurate or incomplete;

(9) not prohibit purchasers of the reports who reside in Illinois from filing claims in State or federal court against any person or entity;

(10) agree to be subject to the jurisdiction of the courts of this State and to its laws and regulations; and

(11) provide a signed statement verifying that none of the following persons or entities have been found, in civil, criminal, or administrative proceedings, to have committed violations of the federal Driver's Privacy Protection Act of 1994 and subsequent amendments or of the Consumer Fraud and Deceptive Business Practices Act or a similar Act of any other state:

(A) the person or entity;

(B) the entity's parent company;

(C) the officers and directors of and the shareholders having a 10% or greater ownership interest in the entity or the entity's parent company; and

(D) the proprietor or any partner, member, officer, director, trustee, manager, or other principal of the entity or entity's parent company.

(f) Any person or entity that requests access to the accident data in bulk electronic form shall, in addition to the requirements of subsection (e), comply with any other requirements the Department or this State may prescribe.

(g) The Department shall use the accident records to create a vehicle history report database that identifies vehicles that have been damaged in accidents. The Department shall make this database searchable by vehicle identification number and freely available on the Internet and shall remove all private information as required in subsection (c). The Department may not sell accident report data as permitted in subsection (c) until this public database is available on the Internet. A person or entity, other than this State, may not provide vehicle history reports containing this data, unless the person or entity has purchased the data in bulk electronic form from this State.

(h) The Department shall cease providing the accident data to the person or entity if the Department concludes that the person or entity has failed to use the accident data in the manner prescribed by this Code.

(i) A seller or lessor of a vehicle shall not be held liable for, and no cause of action may be brought in relation to, the sale or lease of a vehicle damaged in a collision prior to the sale or lease, if:

(1) the seller or lessor did not own the vehicle at the time of the accident;

(2) the seller or lessor, at the time of sale or lease, accessed a vehicle history damage report under subsection (c) or (g) of this Section; and

(3) the vehicle history damage report did not contain any information indicating that the vehicle was previously damaged or involved in an accident.

(j) Any person or entity, including the Department, that provides a vehicle history report to any person must, in writing on the report, clearly and conspicuously disclose the following:

(1) the exact date when that entity or person first publicly made available the accident data;

(2) that any damage resulting from the accident may have been repaired and that the vehicle's value may not be affected; and

(3) the date on which the person or entity accessed the vehicle history report.

(k) Any seller of a vehicle history report must:

(1) disclose to purchasers (i) the names of the states from which the person or entity purchases accident reports and (ii) the estimated percentage of total accidents that occur in this State that are actually recorded in accident reports;

(2) disclose to purchasers the sources of the information contained in the vehicle history report;

(3) permit owners or former owners of vehicles whose vehicles appear on the seller's database to provide repair history information;

(4) provide a toll-free telephone number with a live operator and a website to allow owners of vehicles to provide additional information or corrections to vehicle history reports; and

(5) update any vehicle history report within 48 hours of receiving additional information with regard to the vehicle that is the subject of the report.

(l) A violation of this Section by a person or entity that obtains access to the accident data in bulk electronic form constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act and is subject to civil penalties under that Act, in addition to any other penalties.

(m) A person or entity may not use the accident data to set the insurance premium for any customer whose vehicle is the subject of a vehicle history report.

(Source: P.A. 89-503, eff. 7-1-96.)

Section 10. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, the Payday Loan Reform Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 11-412 of the Illinois Vehicle Code as provided in subsection (i) of that Section, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, or the Personal Information Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07.)

Section 97. Inseverability; invalidity. The changes made to existing statutory law by this Act are mutually dependent and inseverable. If any change made to existing statutory law by this Act is held invalid, then all changes made to existing statutory law by this Act are invalid in their entirety.

If this Act is held invalid, any person or entity that previously obtained access to accident data in bulk electronic form under this Act shall promptly destroy the data and shall discontinue using the data in vehicle history reports.

Section 99. Effective date. This Act takes effect upon becoming law.