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90_HB1027eng
5 ILCS 140/2 from Ch. 116, par. 202
5 ILCS 140/6 from Ch. 116, par. 206
625 ILCS 5/1-148.5 new
625 ILCS 5/2-123 from Ch. 95 1/2, par. 2-123
Amends the Freedom of Information Act and the Illinois
Vehicle Code to provide that documents and information
distributable under these Acts shall be furnished without
charge or at a reduced charge to the news media if in the
public interest. Effective immediately.
LRB9003573NTsbA
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1 AN ACT concerning the news media, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. 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,
23 writings, letters, memoranda, books, papers, maps,
24 photographs, microfilms, cards, tapes, recordings, electronic
25 data processing records, recorded information and all other
26 documentary materials, regardless of physical form or
27 characteristics, having been prepared, or having been or
28 being used, received, possessed or under the control of any
29 public body. "Public records" includes, but is expressly not
30 limited to: (i) administrative manuals, procedural rules,
31 and instructions to staff, unless exempted by Section 7(p) of
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1 this Act; (ii) final opinions and orders made in the
2 adjudication of cases, except an educational institution's
3 adjudication of student or employee grievance or disciplinary
4 cases; (iii) substantive rules; (iv) statements and
5 interpretations of policy which have been adopted by a public
6 body; (v) final planning policies, recommendations, and
7 decisions; (vi) factual reports, inspection reports, and
8 studies whether prepared by or for the public body; (vii) all
9 information in any account, voucher, or contract dealing with
10 the receipt or expenditure of public or other funds of public
11 bodies; (viii) the names, salaries, titles, and dates of
12 employment of all employees and officers of public bodies;
13 (ix) materials containing opinions concerning the rights of
14 the state, the public, a subdivision of state or a local
15 government, or of any private persons; (x) the name of every
16 official and the final records of voting in all proceedings
17 of public bodies; (xi) applications for any contract, permit,
18 grant, or agreement except as exempted from disclosure by
19 subsection (g) of Section 7 of this Act; (xii) each report,
20 document, study, or publication prepared by independent
21 consultants or other independent contractors for the public
22 body; (xiii) all other information required by law to be made
23 available for public inspection or copying; (xiv) information
24 relating to any grant or contract made by or between a public
25 body and another public body or private organization; and
26 (xv) waiver documents filed with the State Superintendent of
27 Education or the president of the University of Illinois
28 under Section 30-12.5 of the School Code, concerning nominees
29 for General Assembly scholarships under Sections 30-9, 30-10,
30 and 30-11 of the School Code.
31 (d) "Copying" means the reproduction of any public
32 record by means of any photographic, electronic, mechanical
33 or other process, device or means.
34 (e) "Head of the public body" means the president,
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1 mayor, chairman, presiding officer, director, superintendent,
2 manager, supervisor or individual otherwise holding primary
3 executive and administrative authority for the public body,
4 or such person's duly authorized designee.
5 (f) "News media" means any newspaper or other periodical
6 issued at regular intervals; a news service; a radio station;
7 a television station; a community antenna television service;
8 or any person or corporation engaged in the making of news
9 reels or other motion picture news for public showing.
10 (Source: P.A. 88-614, eff. 9-7-94; 89-681, eff. 12-13-96.)
11 (5 ILCS 140/6) (from Ch. 116, par. 206)
12 Sec. 6. (a) Each public body may charge fees reasonably
13 calculated to reimburse its actual cost for reproducing and
14 certifying public records and for the use, by any person, of
15 the equipment of the public body to copy records. Such fees
16 shall exclude the costs of any search for and review of the
17 record, and shall not exceed the actual cost of reproduction
18 and certification, unless otherwise provided by State
19 statute. Such fees shall be imposed according to a standard
20 scale of fees, established and made public by the body
21 imposing them.
22 (b) Documents shall be furnished without charge or at a
23 reduced charge, as determined by the public body, if the
24 person requesting the documents states the specific purpose
25 for the request and indicates that a waiver or reduction of
26 the fee is in the public interest. Waiver or reduction of
27 the fee is in the public interest if the principal purpose of
28 the request is to access and disseminate information
29 regarding the health, safety and welfare or the legal rights
30 of the general public and is not for the principal purpose of
31 personal or commercial benefit. The term "commercial
32 benefit" shall not apply to requests made by the news media
33 as defined in this Act when the principal purpose of the
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1 request is to access and disseminate information regarding
2 the health, safety, and welfare or the legal rights of the
3 general public. In setting the amount of the waiver or
4 reduction, the public body may take into consideration the
5 amount of materials requested and the cost of copying them.
6 (c) The purposeful imposition of a fee not consistent
7 with subsections (6)(a) and (b) of this Act shall be
8 considered a denial of access to public records for the
9 purposes of judicial review.
10 (d) The fee for an abstract of a driver's record shall
11 be as provided in Section 6-118 of "The Illinois Vehicle
12 Code", approved September 29, 1969, as amended.
13 (Source: P.A. 85-1357.)
14 Section 10. The Illinois Vehicle Code is amended by
15 adding Section 1-148.5 and changing Section 2-123 as follows:
16 (625 ILCS 5/1-148.5 new)
17 Sec. 1-148.5. News media. Any newspaper or other
18 periodical issued at regular intervals; a news service; a
19 radio station; a television station; a community antenna
20 television service; or any person or corporation engaged in
21 the making of news reels or other motion picture news for
22 public showing.
23 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
24 Sec. 2-123. Sale and Distribution of Information.
25 (a) Except as otherwise provided in this Section, the
26 Secretary may make the driver's license, vehicle and title
27 registration lists, in part or in whole, and any statistical
28 information derived from these lists available to local
29 governments, elected state officials, state educational
30 institutions, public libraries and all other governmental
31 units of the State and Federal Government requesting them for
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1 governmental purposes. The Secretary shall require any such
2 applicant for services to pay for the costs of furnishing
3 such services and the use of the equipment involved, and in
4 addition is empowered to establish prices and charges for the
5 services so furnished and for the use of the electronic
6 equipment utilized.
7 (b) The Secretary is further empowered to and he may, in
8 his discretion, furnish to any applicant, other than listed
9 in subsection (a) of this Section, vehicle or driver data on
10 a computer tape, disk, or printout at a fixed fee of $200 in
11 advance and require in addition a further sufficient deposit
12 based upon the Secretary of State's estimate of the total
13 cost of the information requested and a charge of $20 per
14 1,000 units or part thereof identified or the actual cost,
15 whichever is greater. The Secretary is authorized to refund
16 any difference between the additional deposit and the actual
17 cost of the request. This service shall not be in lieu of an
18 abstract of a driver's record nor of a title or registration
19 search. The information sold pursuant to this subsection
20 shall be the entire vehicle or driver data list, or part
21 thereof.
22 (c) Secretary of State may issue registration lists.
23 The Secretary of State shall compile and publish, at least
24 annually, a list of all registered vehicles. Each list of
25 registered vehicles shall be arranged serially according to
26 the registration numbers assigned to registered vehicles and
27 shall contain in addition the names and addresses of
28 registered owners and a brief description of each vehicle
29 including the serial or other identifying number thereof.
30 Such compilation may be in such form as in the discretion of
31 the Secretary of State may seem best for the purposes
32 intended.
33 (d) The Secretary of State shall furnish no more than 2
34 current available lists of such registrations to the sheriffs
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1 of all counties and to the chiefs of police of all cities and
2 villages and towns of 2,000 population and over in this State
3 at no cost. Additional copies may be purchased at the fee of
4 $400 each or at the cost of producing the list as determined
5 by the Secretary of State.
6 (e) The Secretary of State shall upon written request
7 and the payment of the fee of $400 furnish the current
8 available list of such motor vehicle registrations to any
9 person so long as the supply of available registration lists
10 shall last.
11 (e-1) Commercial purchasers of driver and vehicle record
12 databases shall enter into a written agreement with the
13 Secretary of State that includes disclosure of the commercial
14 use of the intended purchase. Affected drivers, vehicle
15 owners, or registrants may request that their personally
16 identifiable information not be used for commercial
17 solicitation purposes.
18 (f) Title or registration search and certification
19 thereof - Fee. The Secretary of State shall make a title or
20 registration search of the records of his office and a
21 written report on the same for any person, upon written
22 application of such person, accompanied by a fee of $4 for
23 each registration or title search. No fee shall be charged
24 for a title or registration search, or for the certification
25 thereof requested by a government agency.
26 The Secretary of State shall certify a title or
27 registration record upon written request. The fee for
28 certification shall be $4 in addition to the fee required for
29 a title or registration search. Certification shall be made
30 under the signature of the Secretary of State and shall be
31 authenticated by Seal of the Secretary of State.
32 The Secretary of State may notify the vehicle owner or
33 registrant of the request for purchase of his title or
34 registration information as the Secretary deems appropriate.
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1 The vehicle owner or registrant residence address and
2 other 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 business
7 entities for purposes consistent with the Illinois Vehicle
8 Code, the vehicle owner or registrant, or other entities as
9 the Secretary may exempt by rule and regulation. This
10 information may be withheld from the entities listed above,
11 except law enforcement and government agencies upon
12 presentation of a valid court order of protection for the
13 duration of the order.
14 No information shall be released to the requestor until
15 expiration of a 10 day period. This 10 day period shall not
16 apply to requests for information made by law enforcement
17 officials, government agencies, financial institutions,
18 attorneys, insurers, employers, automobile associated
19 businesses, persons licensed as a private detective or firms
20 licensed as a private detective agency under the Private
21 Detective, Private Alarm, and Private Security Act of 1983,
22 who are employed by or are acting on behalf of law
23 enforcement officials, government agencies, financial
24 institutions, attorneys, insurers, employers, automobile
25 associated businesses, and other business entities for
26 purposes consistent with the Illinois Vehicle Code, the
27 vehicle owner or registrant or other entities as the
28 Secretary may exempt by rule and regulation.
29 Any misrepresentation made by a requestor of title or
30 vehicle information shall be punishable as a petty offense,
31 except in the case of persons licensed as a private detective
32 or firms licensed as a private detective agency which shall
33 be subject to disciplinary sanctions under Section 22 or 25
34 of the Private Detective, Private Alarm, and Private Security
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1 Act of 1983.
2 (g) 1. The Secretary of State may, upon receipt of a
3 written request and a fee of $5, furnish to the person or
4 agency so requesting a driver's record. Such document
5 may include a record of: current driver's license
6 issuance information, except that the information on
7 judicial driving permits shall be available only as
8 otherwise provided by this Code; convictions; orders
9 entered revoking, suspending or cancelling a driver's
10 license or privilege; and notations of accident
11 involvement. All other information, unless otherwise
12 permitted by this Code, shall remain confidential.
13 2. The Secretary of State may certify an abstract
14 of a driver's record upon written request therefor.
15 Such certification shall be made under the signature of
16 the Secretary of State and shall be authenticated by the
17 Seal of his office.
18 3. All requests for driving record information
19 shall be made in a manner prescribed by the Secretary.
20 The Secretary of State may notify the affected
21 driver of the request for purchase of his driver's record
22 as the Secretary deems appropriate.
23 The affected driver residence address and other
24 personally identifiable information on the record shall
25 not be disclosed. This nondisclosure shall not apply to
26 requests made by law enforcement officials, government
27 agencies, financial institutions, attorneys, insurers,
28 employers, automobile associated businesses, other
29 business entities for purposes consistent with the
30 Illinois Vehicle Code, the affected driver, or other
31 entities as the Secretary may exempt by rule and
32 regulation. This information may be withheld from the
33 entities listed above, except law enforcement and
34 government agencies, upon presentation of a valid court
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1 order of protection for the duration of the order.
2 No information shall be released to the requester
3 until expiration of a 10 day period. This 10 day period
4 shall not apply to requests for information made by law
5 enforcement officials, government agencies, financial
6 institutions, attorneys, insurers, employers, automobile
7 associated businesses, persons licensed as a private
8 detective or firms licensed as a private detective agency
9 under the Private Detective, Private Alarm, and Private
10 Security Act of 1983, who are employed by or are acting
11 on behalf of law enforcement officials, government
12 agencies, financial institutions, attorneys, insurers,
13 employers, automobile associated businesses, and other
14 business entities for purposes consistent with the
15 Illinois Vehicle Code, the affected driver or other
16 entities as the Secretary may exempt by rule and
17 regulation.
18 Any misrepresentation made by a requestor of driver
19 information shall be punishable as a petty offense,
20 except in the case of persons licensed as a private
21 detective or firms licensed as a private detective agency
22 which shall be subject to disciplinary sanctions under
23 Section 22 or 25 of the Private Detective, Private Alarm,
24 and Private Security Act of 1983.
25 4. The Secretary of State may furnish without fee,
26 upon the written request of a law enforcement agency, any
27 information from a driver's record on file with the
28 Secretary of State when such information is required in
29 the enforcement of this Code or any other law relating to
30 the operation of motor vehicles, including records of
31 dispositions; documented information involving the use of
32 a motor vehicle; whether such individual has, or
33 previously had, a driver's license; and the address and
34 personal description as reflected on said driver's
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1 record.
2 5. Except as otherwise provided in this Section,
3 the Secretary of State may furnish, without fee,
4 information from an individual driver's record on file,
5 if a written request therefor is submitted by any public
6 transit system or authority, public defender, law
7 enforcement agency, a state or federal agency, or an
8 Illinois local intergovernmental association, if the
9 request is for the purpose of a background check of
10 applicants for employment with the requesting agency, or
11 for the purpose of an official investigation conducted by
12 the agency, or to determine a current address for the
13 driver so public funds can be recovered or paid to the
14 driver, or for any other lawful purpose.
15 The Secretary may also furnish the courts a copy of
16 an abstract of a driver's record, without fee, subsequent
17 to an arrest for a violation of Section 11-501 or a
18 similar provision of a local ordinance. Such abstract
19 may include records of dispositions; documented
20 information involving the use of a motor vehicle as
21 contained in the current file; whether such individual
22 has, or previously had, a driver's license; and the
23 address and personal description as reflected on said
24 driver's record.
25 6. Any abstract issued by the Secretary of State
26 pursuant to this Section, to a court or on request of a
27 law enforcement agency, for the record of a named person
28 as to the status of the person's driver's license shall
29 be prima facie evidence of the facts therein stated and
30 if the name appearing in such abstract is the same as
31 that of a person named in an information or warrant, such
32 abstract shall be prima facie evidence that the person
33 named in such information or warrant is the same person
34 as the person named in such abstract.
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1 7. Subject to any restrictions contained in the
2 Juvenile Court Act of 1987, and upon receipt of a proper
3 request and a fee of $5, the Secretary of State shall
4 provide a driver's record to the affected driver, or the
5 affected driver's attorney, upon verification. Such
6 record shall contain all the information referred to in
7 paragraph 1 of this subsection (g) plus: any recorded
8 accident involvement as a driver; information recorded
9 pursuant to subsection (e) of Section 6-117 and paragraph
10 4 of subsection (a) of Section 6-204 of this Code. All
11 other information, unless otherwise permitted by this
12 Code, shall remain confidential.
13 (h) The Secretary shall not disclose social security
14 numbers except pursuant to a written request by, or with the
15 prior written consent of, the individual except to: (1)
16 officers and employees of the Secretary who have a need to
17 know the social security numbers in performance of their
18 official duties, (2) law enforcement officials for a lawful,
19 civil or criminal law enforcement investigation, and if the
20 head of the law enforcement agency has made a written request
21 to the Secretary specifying the law enforcement investigation
22 for which the social security numbers are being sought, (3)
23 the United States Department of Transportation, or any other
24 State, pursuant to the administration and enforcement of the
25 Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
26 the order of a court of competent jurisdiction, or (5) the
27 Department of Public Aid for utilization in the child support
28 enforcement duties assigned to that Department under
29 provisions of the Public Aid Code after the individual has
30 received advanced meaningful notification of what
31 redisclosure is sought by the Secretary in accordance with
32 the federal Privacy Act; provided, the redisclosure shall not
33 be authorized by the Secretary prior to September 30, 1992.
34 (i) The Secretary of State is empowered to promulgate
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1 rules and regulations to effectuate this Section.
2 (j) Medical statements or medical reports received in
3 the Secretary of State's Office shall be confidential. No
4 confidential information may be open to public inspection or
5 the contents disclosed to anyone, except officers and
6 employees of the Secretary who have a need to know the
7 information contained in the medical reports and the Driver
8 License Medical Advisory Board, unless so directed by an
9 order of a court of competent jurisdiction.
10 (k) All fees collected under this Section shall be paid
11 into the Road Fund of the State Treasury, except that $3 of
12 the $5 fee for a driver's record shall be paid into the
13 Secretary of State Special Services Fund.
14 (l) The Secretary of State shall report his
15 recommendations to the General Assembly by January 1, 1993,
16 regarding the sale and dissemination of the information
17 maintained by the Secretary, including the sale of lists of
18 driver and vehicle records.
19 (m) Requests made by the news media for driver's
20 license, vehicle, and title registration information may be
21 furnished without charge or at a reduced charge, as
22 determined by the Secretary of State, when the specific
23 purpose for requesting the documents is deemed to be in the
24 public interest. Waiver or reduction of the fee is in the
25 public interest if the principal purpose of the request is to
26 access and disseminate information regarding the health,
27 safety, and welfare or the legal rights of the general public
28 and is not for the principal purpose of personal or
29 commercial benefit.
30 (Source: P.A. 88-208; 88-363; 88-670, eff. 12-2-94; 89-503,
31 eff. 7-1-96.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.