Rep. Dan Brady
Filed: 4/26/2007
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1 | AMENDMENT TO HOUSE BILL 1818
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2 | AMENDMENT NO. ______. Amend House Bill 1818, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Freedom of Information Act is amended by | ||||||
6 | changing Section 2 as follows:
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7 | (5 ILCS 140/2) (from Ch. 116, par. 202)
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8 | Sec. 2. Definitions. As used in this Act:
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9 | (a) "Public body" means any legislative,
executive, | ||||||
10 | administrative, or advisory bodies of the State, state | ||||||
11 | universities
and colleges, counties, townships, cities, | ||||||
12 | villages, incorporated towns,
school districts and all other | ||||||
13 | municipal corporations,
boards, bureaus, committees, or | ||||||
14 | commissions of this State, any
subsidiary
bodies of any of the | ||||||
15 | foregoing including but not limited to committees and
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16 | subcommittees which are supported in whole or in part by tax |
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1 | revenue, or
which expend tax revenue, and a School Finance | ||||||
2 | Authority created under
Article 1E of the School Code.
"Public | ||||||
3 | body" does not include a child death review team
or the | ||||||
4 | Illinois Child Death Review Teams
Executive Council
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5 | established under
the Child Death Review Team Act.
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6 | (b) "Person" means any individual, corporation, | ||||||
7 | partnership, firm,
organization
or association, acting | ||||||
8 | individually or as a group.
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9 | (c) "Public records" means all records, reports, forms, | ||||||
10 | writings, letters,
memoranda, books, papers, maps, | ||||||
11 | photographs, microfilms, cards, tapes,
recordings,
electronic | ||||||
12 | data processing records, recorded information and all other
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13 | documentary
materials, regardless of physical form or | ||||||
14 | characteristics, having been
prepared, or having been or being | ||||||
15 | used, received, possessed or under the
control
of
any public | ||||||
16 | body. "Public records" includes, but is expressly not limited
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17 | to: (i) administrative manuals, procedural rules, and | ||||||
18 | instructions to staff,
unless exempted by Section 7(p) of this | ||||||
19 | Act; (ii) final opinions and orders
made in the adjudication of | ||||||
20 | cases, except an educational institution's
adjudication of
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21 | student or employee grievance or disciplinary cases; (iii) | ||||||
22 | substantive rules;
(iv) statements and
interpretations of | ||||||
23 | policy which have been adopted by a public body; (v)
final | ||||||
24 | planning policies, recommendations, and decisions; (vi) | ||||||
25 | factual reports,
inspection reports, and studies whether | ||||||
26 | prepared by or for the public body;
(vii) all information in |
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1 | any account, voucher, or contract dealing with
the receipt or | ||||||
2 | expenditure of public or other funds of public bodies; (viii)
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3 | the names, salaries, titles, and dates of employment of all | ||||||
4 | employees and
officers of public bodies; (ix) materials | ||||||
5 | containing opinions concerning
the rights of the state, the | ||||||
6 | public, a subdivision of state or a local
government,
or of any | ||||||
7 | private persons; (x) the name of every official and the final
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8 | records of voting in all proceedings of public bodies; (xi) | ||||||
9 | applications
for any contract, permit, grant, or agreement | ||||||
10 | except as exempted from
disclosure
by subsection (g) of Section | ||||||
11 | 7 of this Act; (xii) each report, document,
study, or | ||||||
12 | publication prepared by independent consultants or other | ||||||
13 | independent
contractors for the public body; (xiii) all other | ||||||
14 | information required by
law to be made available for public | ||||||
15 | inspection or copying;
(xiv) information relating to any grant | ||||||
16 | or contract made by or between a
public body and another public | ||||||
17 | body or private organization; (xv)
waiver documents filed with | ||||||
18 | the State Superintendent of Education or the
president of the | ||||||
19 | University of Illinois under Section 30-12.5 of the School
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20 | Code, concerning nominees for
General Assembly scholarships | ||||||
21 | under
Sections 30-9, 30-10, and 30-11 of the School Code; (xvi)
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22 | complaints,
results of complaints, and Department of Children | ||||||
23 | and Family Services staff
findings of licensing violations at | ||||||
24 | day care facilities, provided that personal
and identifying | ||||||
25 | information is not released; and (xvii) records, reports,
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26 | forms, writings, letters, memoranda, books, papers, and other |
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1 | documentary
information, regardless of physical form or | ||||||
2 | characteristics, having been
prepared, or having been or being | ||||||
3 | used, received, possessed, or under the
control of the Illinois | ||||||
4 | Sports Facilities Authority dealing with the receipt or
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5 | expenditure of public funds or other funds of the Authority in | ||||||
6 | connection with
the reconstruction, renovation, remodeling, | ||||||
7 | extension, or improvement of all or
substantially all of an | ||||||
8 | existing "facility" as that term is defined in the
Illinois | ||||||
9 | Sports Facilities Authority Act ; and (xviii) recorded images | ||||||
10 | made by an automated traffic law enforcement system under | ||||||
11 | Section 11-208.6 of the Illinois Vehicle Code .
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12 | (d) "Copying" means the reproduction of any public record | ||||||
13 | by means of any
photographic, electronic, mechanical or other | ||||||
14 | process, device or means.
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15 | (e) "Head of the public body" means the president, mayor, | ||||||
16 | chairman,
presiding
officer, director, superintendent, | ||||||
17 | manager, supervisor or individual otherwise
holding primary | ||||||
18 | executive and administrative authority for the public
body, or | ||||||
19 | such person's duly authorized designee.
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20 | (f) "News media" means a newspaper or other periodical | ||||||
21 | issued at regular
intervals whether in print or electronic | ||||||
22 | format, a news service whether
in print or electronic format, a | ||||||
23 | radio
station, a television station, a television network, a | ||||||
24 | community
antenna television service, or a person or | ||||||
25 | corporation engaged in making news
reels or other motion | ||||||
26 | picture news for public showing.
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1 | (Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01; | ||||||
2 | 92-468, eff.
8-22-01; 92-547, eff. 6-13-02; 92-651, eff. | ||||||
3 | 7-11-02.)
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4 | Section 10. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 11-208.6 as follows:
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6 | (625 ILCS 5/11-208.6)
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7 | Sec. 11-208.6. Automated traffic law enforcement system.
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8 | (a) As used in this Section, "automated traffic law | ||||||
9 | enforcement
system" means a device with one or more motor | ||||||
10 | vehicle sensors working
in conjunction with a red light signal | ||||||
11 | to produce recorded images of
motor vehicles entering an | ||||||
12 | intersection against a red signal
indication in violation of | ||||||
13 | Section 11-306 of this Code or a similar provision
of a local | ||||||
14 | ordinance.
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15 | An
automated traffic law enforcement system is a system, in | ||||||
16 | a municipality or
county operated by a
governmental agency, | ||||||
17 | that
produces a recorded image of a motor vehicle's
violation | ||||||
18 | of a provision of this Code or a local ordinance
and is | ||||||
19 | designed to obtain a clear recorded image of the
vehicle and | ||||||
20 | the vehicle's license plate. The recorded image must also
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21 | display the time, date, and location of the violation.
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22 | (b) As used in this Section, "recorded images" means images
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23 | recorded by an automated traffic law enforcement system on:
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24 | (1) 2 or more photographs;
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1 | (2) 2 or more microphotographs;
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2 | (3) 2 or more electronic images; or
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3 | (4) a video recording showing the motor vehicle and, on | ||||||
4 | at
least one image or portion of the recording, clearly | ||||||
5 | identifying the
registration plate number of the motor | ||||||
6 | vehicle.
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7 | (c) A county or municipality, including a home rule county | ||||||
8 | or municipality, may not use an automated traffic law | ||||||
9 | enforcement system to provide recorded images of a motor | ||||||
10 | vehicle for the purpose of recording its speed. The regulation | ||||||
11 | of the use of automated traffic law enforcement systems to | ||||||
12 | record vehicle speeds is an exclusive power and function of the | ||||||
13 | State. This subsection (c) is a denial and limitation of home | ||||||
14 | rule powers and functions under subsection (h) of Section 6 of | ||||||
15 | Article VII of the Illinois Constitution.
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16 | (c-1) A county or municipality, including a home rule | ||||||
17 | county or municipality, may not use an automated traffic law | ||||||
18 | enforcement system as a basis for charging a person facing a | ||||||
19 | steady red light with a traffic violation for turning right, or | ||||||
20 | for turning left from a one-way street onto another one-way | ||||||
21 | street, regardless of whether or not the turn is permitted | ||||||
22 | under paragraph 3 of subsection (c) of Section 11-306 of this | ||||||
23 | Code. This subsection (c-1) is a denial and limitation of home | ||||||
24 | rule powers and functions under subsection (h) of Section 6 of | ||||||
25 | Article VII of the Illinois Constitution.
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26 | (d) For each violation of a provision of this Code or a |
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1 | local ordinance
recorded by an automatic
traffic law | ||||||
2 | enforcement system, the county or municipality having
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3 | jurisdiction shall issue a written notice of the
violation to | ||||||
4 | the registered owner of the vehicle as the alleged
violator. | ||||||
5 | The notice shall be delivered to the registered
owner of the | ||||||
6 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
7 | notifies the municipality or county of the identity of the | ||||||
8 | owner of the vehicle, but in no event later than 90 days after | ||||||
9 | the violation.
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10 | The notice shall include:
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11 | (1) the name and address of the registered owner of the
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12 | vehicle;
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13 | (2) the registration number of the motor vehicle
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14 | involved in the violation;
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15 | (3) the violation charged;
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16 | (4) the location where the violation occurred;
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17 | (5) the date and time of the violation;
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18 | (6) a copy of the recorded images;
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19 | (7) the amount of the civil penalty imposed and the | ||||||
20 | date
by which the civil penalty should be paid;
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21 | (8) a statement that recorded images are evidence of a
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22 | violation of a red light signal;
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23 | (9) a warning that failure to pay the civil penalty or | ||||||
24 | to
contest liability in a timely manner is an admission of
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25 | liability and may result in a suspension of the driving
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26 | privileges of the registered owner of the vehicle; and
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1 | (10) a statement that the person may elect to proceed | ||||||
2 | by:
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3 | (A) paying the fine; or
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4 | (B) challenging the charge in court, by mail, or by | ||||||
5 | administrative hearing.
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6 | (e) If a person
charged with a traffic violation, as a | ||||||
7 | result of an automated traffic law
enforcement system, does not | ||||||
8 | pay or successfully contest the civil
penalty resulting from | ||||||
9 | that violation, the Secretary of State shall suspend the
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10 | driving privileges of the
registered owner of the vehicle under | ||||||
11 | Section 6-306.5 of this Code for failing
to pay any fine or | ||||||
12 | penalty
due and owing as a result of 5 violations of the | ||||||
13 | automated traffic law
enforcement system.
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14 | (f) Based on inspection of recorded images produced by an
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15 | automated traffic law enforcement system, a notice alleging | ||||||
16 | that the violation occurred shall be evidence of the facts | ||||||
17 | contained
in the notice and admissible in any proceeding | ||||||
18 | alleging a
violation under this Section.
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19 | (g) Except as otherwise provided in subsection (g-1), | ||||||
20 | recorded
Recorded images made by an automatic traffic law
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21 | enforcement system are confidential and shall be made
available | ||||||
22 | only to the alleged violator and governmental and
law | ||||||
23 | enforcement agencies for purposes of adjudicating a
violation | ||||||
24 | of this Section, for statistical purposes, or for other | ||||||
25 | governmental purposes. Any recorded image evidencing a
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26 | violation of this Section, however, may be admissible in
any |
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1 | proceeding resulting from the issuance of the citation.
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2 | (g-1) Notwithstanding subsection (g), recorded images made | ||||||
3 | by an automated traffic law enforcement system may be obtained | ||||||
4 | under the Freedom of Information Act.
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5 | (h) The court or hearing officer may consider in defense of | ||||||
6 | a violation:
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7 | (1) that the motor vehicle or registration plates of | ||||||
8 | the motor
vehicle were stolen before the violation occurred | ||||||
9 | and not
under the control of or in the possession of the | ||||||
10 | owner at
the time of the violation;
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11 | (2) that the driver of the vehicle passed through the
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12 | intersection when the light was red either (i) in order to
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13 | yield the right-of-way to an emergency vehicle or (ii) as
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14 | part of a funeral procession; and
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15 | (3) any other evidence or issues provided by municipal | ||||||
16 | or county ordinance.
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17 | (i) To demonstrate that the motor vehicle or the | ||||||
18 | registration
plates were stolen before the violation occurred | ||||||
19 | and were not under the
control or possession of the owner at | ||||||
20 | the time of the violation, the
owner must submit proof that a | ||||||
21 | report concerning the stolen
motor vehicle or registration | ||||||
22 | plates was filed with a law enforcement agency in a timely | ||||||
23 | manner.
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24 | (j) Unless the driver of the motor vehicle received a | ||||||
25 | Uniform
Traffic Citation from a police officer at the time of | ||||||
26 | the violation,
the motor vehicle owner is subject to a civil |
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1 | penalty not exceeding
$100, plus an additional penalty of not | ||||||
2 | more than $100 for failure to pay the original penalty in a | ||||||
3 | timely manner, if the motor vehicle is recorded by an automated | ||||||
4 | traffic law
enforcement system. A violation for which a civil | ||||||
5 | penalty is imposed
under this Section is not a violation of a | ||||||
6 | traffic regulation governing
the movement of vehicles and may | ||||||
7 | not be recorded on the driving record
of the owner of the | ||||||
8 | vehicle.
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9 | (k) An intersection equipped with an automated traffic law
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10 | enforcement system must be posted with a sign visible to | ||||||
11 | approaching traffic
indicating that the intersection is being | ||||||
12 | monitored by an automated
traffic law enforcement system.
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13 | (l) The compensation paid for an automated traffic law | ||||||
14 | enforcement system
must be based on the value of the equipment | ||||||
15 | or the services provided and may
not be based on the number of | ||||||
16 | traffic citations issued or the revenue generated
by the | ||||||
17 | system.
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18 | (m) This Section applies only to the counties of Champaign, | ||||||
19 | Cook, DeKalb, DuPage, Kane, Kankakee, Lake, La Salle, Madison, | ||||||
20 | McHenry, McLean, Peoria, St. Clair, Sangamon, Vermilion,
and | ||||||
21 | Will , and Winnebago and to municipalities located within those | ||||||
22 | counties.
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23 | (Source: P.A. 94-795, eff. 5-22-06.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.".
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