Full Text of HB3515 100th General Assembly
HB3515ham001 100TH GENERAL ASSEMBLY | Rep. Peter Breen Filed: 4/25/2017
| | 10000HB3515ham001 | | LRB100 10168 JLS 25541 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3515
| 2 | | AMENDMENT NO. ______. Amend House Bill 3515 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential | 11 | | under Section 4002 of the Technology Advancement and | 12 | | Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library | 15 | | Records Confidentiality Act. | 16 | | (c) Applications, related documents, and medical |
| | | 10000HB3515ham001 | - 2 - | LRB100 10168 JLS 25541 a |
|
| 1 | | records received by the Experimental Organ Transplantation | 2 | | Procedures Board and any and all documents or other records | 3 | | prepared by the Experimental Organ Transplantation | 4 | | Procedures Board or its staff relating to applications it | 5 | | has received. | 6 | | (d) Information and records held by the Department of | 7 | | Public Health and its authorized representatives relating | 8 | | to known or suspected cases of sexually transmissible | 9 | | disease or any information the disclosure of which is | 10 | | restricted under the Illinois Sexually Transmissible | 11 | | Disease Control Act. | 12 | | (e) Information the disclosure of which is exempted | 13 | | under Section 30 of the Radon Industry Licensing Act. | 14 | | (f) Firm performance evaluations under Section 55 of | 15 | | the Architectural, Engineering, and Land Surveying | 16 | | Qualifications Based Selection Act. | 17 | | (g) Information the disclosure of which is restricted | 18 | | and exempted under Section 50 of the Illinois Prepaid | 19 | | Tuition Act. | 20 | | (h) Information the disclosure of which is exempted | 21 | | under the State Officials and Employees Ethics Act, and | 22 | | records of any lawfully created State or local inspector | 23 | | general's office that would be exempt if created or | 24 | | obtained by an Executive Inspector General's office under | 25 | | that Act. | 26 | | (i) Information contained in a local emergency energy |
| | | 10000HB3515ham001 | - 3 - | LRB100 10168 JLS 25541 a |
|
| 1 | | plan submitted to a municipality in accordance with a local | 2 | | emergency energy plan ordinance that is adopted under | 3 | | Section 11-21.5-5 of the Illinois Municipal Code. | 4 | | (j) Information and data concerning the distribution | 5 | | of surcharge moneys collected and remitted by wireless | 6 | | carriers under the Wireless Emergency Telephone Safety | 7 | | Act. | 8 | | (k) Law enforcement officer identification information | 9 | | or driver identification information compiled by a law | 10 | | enforcement agency or the Department of Transportation | 11 | | under Section 11-212 of the Illinois Vehicle Code. | 12 | | (l) (Blank). Records and information provided to a | 13 | | residential health care facility resident sexual assault | 14 | | and death review team or the Executive Council under the | 15 | | Abuse Prevention Review Team Act. | 16 | | (m) Information provided to the predatory lending | 17 | | database created pursuant to Article 3 of the Residential | 18 | | Real Property Disclosure Act, except to the extent | 19 | | authorized under that Article. | 20 | | (n) Defense budgets and petitions for certification of | 21 | | compensation and expenses for court appointed trial | 22 | | counsel as provided under Sections 10 and 15 of the Capital | 23 | | Crimes Litigation Act. This subsection (n) shall apply | 24 | | until the conclusion of the trial of the case, even if the | 25 | | prosecution chooses not to pursue the death penalty prior | 26 | | to trial or sentencing. |
| | | 10000HB3515ham001 | - 4 - | LRB100 10168 JLS 25541 a |
|
| 1 | | (o) Information that is prohibited from being | 2 | | disclosed under Section 4 of the Illinois Health and | 3 | | Hazardous Substances Registry Act. | 4 | | (p) Security portions of system safety program plans, | 5 | | investigation reports, surveys, schedules, lists, data, or | 6 | | information compiled, collected, or prepared by or for the | 7 | | Regional Transportation Authority under Section 2.11 of | 8 | | the Regional Transportation Authority Act or the St. Clair | 9 | | County Transit District under the Bi-State Transit Safety | 10 | | Act. | 11 | | (q) Information prohibited from being disclosed by the | 12 | | Personnel Records Review Act. | 13 | | (r) Information prohibited from being disclosed by the | 14 | | Illinois School Student Records Act. | 15 | | (s) Information the disclosure of which is restricted | 16 | | under Section 5-108 of the Public Utilities Act.
| 17 | | (t) All identified or deidentified health information | 18 | | in the form of health data or medical records contained in, | 19 | | stored in, submitted to, transferred by, or released from | 20 | | the Illinois Health Information Exchange, and identified | 21 | | or deidentified health information in the form of health | 22 | | data and medical records of the Illinois Health Information | 23 | | Exchange in the possession of the Illinois Health | 24 | | Information Exchange Authority due to its administration | 25 | | of the Illinois Health Information Exchange. The terms | 26 | | "identified" and "deidentified" shall be given the same |
| | | 10000HB3515ham001 | - 5 - | LRB100 10168 JLS 25541 a |
|
| 1 | | meaning as in the Health Insurance Portability and | 2 | | Accountability Act of 1996, Public Law 104-191, or any | 3 | | subsequent amendments thereto, and any regulations | 4 | | promulgated thereunder. | 5 | | (u) (Blank). Records and information provided to an | 6 | | independent team of experts under Brian's Law. | 7 | | (v) Names and information of people who have applied | 8 | | for or received Firearm Owner's Identification Cards under | 9 | | the Firearm Owners Identification Card Act or applied for | 10 | | or received a concealed carry license under the Firearm | 11 | | Concealed Carry Act, unless otherwise authorized by the | 12 | | Firearm Concealed Carry Act; and databases under the | 13 | | Firearm Concealed Carry Act, records of the Concealed Carry | 14 | | Licensing Review Board under the Firearm Concealed Carry | 15 | | Act, and law enforcement agency objections under the | 16 | | Firearm Concealed Carry Act. | 17 | | (w) Personally identifiable information which is | 18 | | exempted from disclosure under subsection (g) of Section | 19 | | 19.1 of the Toll Highway Act. | 20 | | (x) Information which is exempted from disclosure | 21 | | under Section 5-1014.3 of the Counties Code or Section | 22 | | 8-11-21 of the Illinois Municipal Code. | 23 | | (y) Confidential information under the Adult | 24 | | Protective Services Act and its predecessor enabling | 25 | | statute, the Elder Abuse and Neglect Act, including | 26 | | information about the identity and administrative finding |
| | | 10000HB3515ham001 | - 6 - | LRB100 10168 JLS 25541 a |
|
| 1 | | against any caregiver of a verified and substantiated | 2 | | decision of abuse, neglect, or financial exploitation of an | 3 | | eligible adult maintained in the Registry established | 4 | | under Section 7.5 of the Adult Protective Services Act. | 5 | | (z) Records and information provided to a fatality | 6 | | review team or the Illinois Fatality Review Team Advisory | 7 | | Council under Section 15 of the Adult Protective Services | 8 | | Act. | 9 | | (aa) Information which is exempted from disclosure | 10 | | under Section 2.37 of the Wildlife Code. | 11 | | (bb) Information which is or was prohibited from | 12 | | disclosure by the Juvenile Court Act of 1987. | 13 | | (cc) Recordings made under the Law Enforcement | 14 | | Officer-Worn Body Camera Act, except to the extent | 15 | | authorized under that Act. | 16 | | (dd) Information that is prohibited from being | 17 | | disclosed under Section 45 of the Condominium and Common | 18 | | Interest Community Ombudsperson Act. | 19 | | (ee) (dd) Information that is exempted from disclosure | 20 | | under Section 30.1 of the Pharmacy Practice Act. | 21 | | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | 22 | | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | 23 | | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | 24 | | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. | 25 | | 8-19-16; revised 9-1-16.) |
| | | 10000HB3515ham001 | - 7 - | LRB100 10168 JLS 25541 a |
|
| 1 | | Section 10. The Abuse Prevention Review Team Act is amended | 2 | | by changing Section 30 as follows:
| 3 | | (210 ILCS 28/30)
| 4 | | Sec. 30. Public access to information.
| 5 | | (a) Meetings of the review
teams and the Executive Council | 6 | | shall be closed to the public. Meetings of the
review teams and | 7 | | the Executive Council are not subject to the Open Meetings
Act, | 8 | | as provided in that Act.
| 9 | | (b) Records and information provided to a
review team and | 10 | | the Executive Council, and records
maintained by a review team | 11 | | or the Executive Council, are confidential and not
subject
to | 12 | | the Freedom of Information Act, as provided in that Act .
| 13 | | Nothing contained in this subsection (b) prevents the sharing | 14 | | or disclosure of
records, other than those produced by a review | 15 | | team or the
Executive Council, relating or pertaining to the | 16 | | sexual assault or death of a
resident.
| 17 | | (c) Members of a review team
and the Executive Council are | 18 | | not subject to examination, in any civil or
criminal
| 19 | | proceeding, concerning information presented to members of the | 20 | | review team or
the
Executive Council or opinions formed by | 21 | | members of the review team or the
Executive
Council based on | 22 | | that information. A person may, however, be examined
concerning | 23 | | information provided to a review team or the Executive Council | 24 | | that
is
otherwise available to the public.
| 25 | | (d) Records and information produced by a
review team and |
| | | 10000HB3515ham001 | - 8 - | LRB100 10168 JLS 25541 a |
|
| 1 | | the Executive Council are not subject to
discovery or subpoena | 2 | | and are not admissible as evidence in any civil or
criminal
| 3 | | proceeding. Those records and information are, however, | 4 | | subject to discovery or
a subpoena, and are admissible as | 5 | | evidence, to the extent they are otherwise
available to the | 6 | | public.
| 7 | | (Source: P.A. 93-577, eff. 8-21-03 .)
| 8 | | Section 15. The Community-Integrated Living Arrangements | 9 | | Licensure and
Certification Act is amended by changing Section | 10 | | 14 as follows: | 11 | | (210 ILCS 135/14) | 12 | | Sec. 14. Transparency for individuals and guardians. By | 13 | | October 1, 2011, the Department shall make available to | 14 | | individuals and guardians upon enrollment a document listing | 15 | | telephone numbers and other contact information to report | 16 | | suspected cases of abuse, neglect, or exploitation. The | 17 | | information provided shall include a delineation of the | 18 | | individuals' rights. By July 1, 2012, the Department shall make | 19 | | available through its website information on each agency | 20 | | regarding licensure and quality assurance survey results; | 21 | | licensure and contract status; and substantiated findings of | 22 | | abuse, egregious neglect, and exploitation. The Department | 23 | | shall adopt rules regarding the posting of this information and | 24 | | shall inform individuals and guardians of its availability |
| | | 10000HB3515ham001 | - 9 - | LRB100 10168 JLS 25541 a |
|
| 1 | | during the initial provider selection process. | 2 | | Notwithstanding any other provision of law, all | 3 | | investigative reports made by the Office of Inspector General | 4 | | regarding community-integrated living arrangements and | 5 | | individuals living in community-integrated living arrangements | 6 | | shall be available to the public for inspection and copying | 7 | | under the Freedom of Information Act and any addresses of | 8 | | community-integrated living arrangements in those reports | 9 | | shall be disclosed and may not be redacted.
| 10 | | (Source: P.A. 97-441, eff. 8-19-11.)".
|
|