|
to known or suspected cases of sexually transmissible |
disease or any information the disclosure of which is |
restricted under the Illinois Sexually Transmissible |
Disease Control Act. |
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. |
(f) Firm performance evaluations under Section 55 of |
the Architectural, Engineering, and Land Surveying |
Qualifications Based Selection Act. |
(g) Information the disclosure of which is restricted |
and exempted under Section 50 of the Illinois Prepaid |
Tuition Act. |
(h) Information the disclosure of which is exempted |
under the State Officials and Employees Ethics Act, and |
records of any lawfully created State or local inspector |
general's office that would be exempt if created or |
obtained by an Executive Inspector General's office under |
that Act. |
(i) Information contained in a local emergency energy |
plan submitted to a municipality in accordance with a |
local emergency energy plan ordinance that is adopted |
under Section 11-21.5-5 of the Illinois Municipal Code. |
(j) Information and data concerning the distribution |
of surcharge moneys collected and remitted by carriers |
under the Emergency Telephone System Act. |
(k) Law enforcement officer identification information |
|
or driver identification information compiled by a law |
enforcement agency or the Department of Transportation |
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential |
health care facility resident sexual assault and death |
review team or the Executive Council under the Abuse |
Prevention Review Team Act. |
(m) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent |
authorized under that Article. |
(n) Defense budgets and petitions for certification of |
compensation and expenses for court appointed trial |
counsel as provided under Sections 10 and 15 of the |
Capital Crimes Litigation Act. This subsection (n) shall |
apply until the conclusion of the trial of the case, even |
if the prosecution chooses not to pursue the death penalty |
prior to trial or sentencing. |
(o) Information that is prohibited from being |
disclosed under Section 4 of the Illinois Health and |
Hazardous Substances Registry Act. |
(p) Security portions of system safety program plans, |
investigation reports, surveys, schedules, lists, data, or |
information compiled, collected, or prepared by or for the |
Department of Transportation under Sections 2705-300 and |
2705-616 of the Department of Transportation Law of the |
|
Civil Administrative Code of Illinois, the Regional |
Transportation Authority under Section 2.11 of the |
Regional Transportation Authority Act, or the St. Clair |
County Transit District under the Bi-State Transit Safety |
Act. |
(q) Information prohibited from being disclosed by the |
Personnel Record Review Act. |
(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. |
(s) Information the disclosure of which is restricted |
under Section 5-108 of the Public Utilities Act.
|
(t) All identified or deidentified health information |
in the form of health data or medical records contained |
in, stored in, submitted to, transferred by, or released |
from the Illinois Health Information Exchange, and |
identified or deidentified health information in the form |
of health data and medical records of the Illinois Health |
Information Exchange in the possession of the Illinois |
Health Information Exchange Office due to its |
administration of the Illinois Health Information |
Exchange. The terms "identified" and "deidentified" shall |
be given the same meaning as in the Health Insurance |
Portability and Accountability Act of 1996, Public Law |
104-191, or any subsequent amendments thereto, and any |
regulations promulgated thereunder. |
(u) Records and information provided to an independent |
|
team of experts under the Developmental Disability and |
Mental Health Safety Act (also known as Brian's Law). |
(v) Names and information of people who have applied |
for or received Firearm Owner's Identification Cards under |
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm |
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed |
Carry Licensing Review Board under the Firearm Concealed |
Carry Act, and law enforcement agency objections under the |
Firearm Concealed Carry Act. |
(w) Personally identifiable information which is |
exempted from disclosure under subsection (g) of Section |
19.1 of the Toll Highway Act. |
(x) Information which is exempted from disclosure |
under Section 5-1014.3 of the Counties Code or Section |
8-11-21 of the Illinois Municipal Code. |
(y) Confidential information under the Adult |
Protective Services Act and its predecessor enabling |
statute, the Elder Abuse and Neglect Act, including |
information about the identity and administrative finding |
against any caregiver of a verified and substantiated |
decision of abuse, neglect, or financial exploitation of |
an eligible adult maintained in the Registry established |
under Section 7.5 of the Adult Protective Services Act. |
|
(z) Records and information provided to a fatality |
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services |
Act. |
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. |
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. |
(cc) Recordings made under the Law Enforcement |
Officer-Worn Body Camera Act, except to the extent |
authorized under that Act. |
(dd) Information that is prohibited from being |
disclosed under Section 45 of the Condominium and Common |
Interest Community Ombudsperson Act. |
(ee) Information that is exempted from disclosure |
under Section 30.1 of the Pharmacy Practice Act. |
(ff) Information that is exempted from disclosure |
under the Revised Uniform Unclaimed Property Act. |
(gg) Information that is prohibited from being |
disclosed under Section 7-603.5 of the Illinois Vehicle |
Code. |
(hh) Records that are exempt from disclosure under |
Section 1A-16.7 of the Election Code. |
(ii) Information which is exempted from disclosure |
under Section 2505-800 of the Department of Revenue Law of |
the Civil Administrative Code of Illinois. |
|
(jj) Information and reports that are required to be |
submitted to the Department of Labor by registering day |
and temporary labor service agencies but are exempt from |
disclosure under subsection (a-1) of Section 45 of the Day |
and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the |
Seizure and Forfeiture Reporting Act. |
(ll) Information the disclosure of which is restricted |
and exempted under Section 5-30.8 of the Illinois Public |
Aid Code. |
(mm) Records that are exempt from disclosure under |
Section 4.2 of the Crime Victims Compensation Act. |
(nn) Information that is exempt from disclosure under |
Section 70 of the Higher Education Student Assistance Act. |
(oo) Communications, notes, records, and reports |
arising out of a peer support counseling session |
prohibited from disclosure under the First Responders |
Suicide Prevention Act. |
(pp) Names and all identifying information relating to |
an employee of an emergency services provider or law |
enforcement agency under the First Responders Suicide |
Prevention Act. |
(qq) Information and records held by the Department of |
Public Health and its authorized representatives collected |
under the Reproductive Health Act. |
(rr) Information that is exempt from disclosure under |
|
the Cannabis Regulation and Tax Act. |
(ss) Data reported by an employer to the Department of |
Human Rights pursuant to Section 2-108 of the Illinois |
Human Rights Act. |
(tt) Recordings made under the Children's Advocacy |
Center Act, except to the extent authorized under that |
Act. |
(uu) Information that is exempt from disclosure under |
Section 50 of the Sexual Assault Evidence Submission Act. |
(vv) Information that is exempt from disclosure under |
subsections (f) and (j) of Section 5-36 of the Illinois |
Public Aid Code. |
(ww) Information that is exempt from disclosure under |
Section 16.8 of the State Treasurer Act. |
(xx) Information that is exempt from disclosure or |
information that shall not be made public under the |
Illinois Insurance Code. |
(yy) Information prohibited from being disclosed under |
the Illinois Educational Labor Relations Act. |
(zz) Information prohibited from being disclosed under |
the Illinois Public Labor Relations Act. |
(aaa) Information prohibited from being disclosed |
under Section 1-167 of the Illinois Pension Code. |
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, |
|
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; |
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. |
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, |
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; |
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. |
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, |
eff. 7-7-20.)
|
Section 10. The Department of Transportation Law of the
|
Civil Administrative Code of Illinois is amended by changing |
Section 2705-300 and by adding Section 2705-616 as follows:
|
(20 ILCS 2705/2705-300) (was 20 ILCS 2705/49.18)
|
Sec. 2705-300. Powers concerning mass transportation. The |
Department has the power to do the following:
|
(1) Advise and assist the Governor and the General |
Assembly in
formulating (i) a mass transportation policy |
for the State,
(ii)
proposals designed to help meet and |
resolve special problems of mass
transportation within the |
State, and (iii) programs of
assistance for the
|
comprehensive planning, development, and administration of |
mass
transportation facilities and services.
|
(2) Appear and participate in proceedings before any |
federal,
State, or local regulatory agency involving or |
affecting mass
transportation in the State.
|
(3) Study mass transportation problems and provide |
|
technical
assistance to units of local government.
|
(4) Encourage experimentation in developing new mass
|
transportation facilities and services.
|
(5) Recommend policies, programs, and actions designed |
to improve
utilization of mass transportation services.
|
(6) Cooperate with mass transit districts and systems, |
local
governments, and other State agencies in meeting |
those problems of air,
noise, and water pollution |
associated with transportation.
|
(7) Participate fully in a statewide effort to improve |
transport
safety, including, as the designated State |
agency responsible for overseeing the safety and security |
of rail fixed guideway public transportation systems in |
compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330: .
|
(A) developing, adopting, and implementing a |
system safety program standard and procedures meeting |
the compliance requirements of 49 U.S.C. 5329 and 49 |
U.S.C. 5330, as now or hereafter amended, for the |
safety and security of rail fixed guideway public |
transportation systems within the State; and |
(B) establishing procedures in accordance with 49 |
U.S.C. 5329 and 49 U.S.C. 5330 to review, approve, |
oversee, investigate, audit, and enforce all other |
necessary and incidental functions related to the |
effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or |
other federal law, pertaining to public transportation |
|
oversight. The Department may contract for the |
services of a qualified consultant to comply with this |
subsection. |
The security portion of the system safety program, |
investigation reports, surveys, schedules, lists, or data |
compiled, collected, or prepared by or for the Department |
under this subsection shall not be subject to discovery or |
admitted into evidence in federal or State court or |
considered for other purposes in any civil action for |
damages arising from any matter mentioned or addressed in |
such reports, surveys, schedules, lists, data, or |
information. Except for willful or wanton conduct, neither |
the Department nor its employees, nor the Regional |
Transportation Authority, nor the St. Clair County Transit |
District, nor any mass transit district nor service board |
subject to this Section, nor their respective directors, |
officers, or employees, shall be held liable in any civil |
action for any injury to or death of any person or loss of |
or damage to property for any act, omission, or failure to |
act under this Section or 49 U.S.C. 5329 or 49 U.S.C. 5330 |
as now or hereafter amended. |
(8) Conduct by contract or otherwise technical |
studies, and
demonstration and development projects which |
shall be designed to test
and develop methods for |
increasing public use of mass transportation and
for |
providing mass transportation in an efficient, |
|
coordinated, and
convenient manner.
|
(9) Make applications for, receive, and make use of
|
grants
for mass transportation.
|
(10) Make grants for mass transportation from the |
Transportation
Fund pursuant to the standards and |
procedures of Sections
2705-305 and 2705-310. |
Nothing in this Section alleviates an individual's duty to |
comply with the State Officials and Employees Ethics Act.
|
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2705/2705-616 new) |
Sec. 2705-616. State safety oversight for rail fixed |
guideway systems. The Department shall develop, adopt, and |
implement a system safety program standard and establish |
procedures to comply with 49 U.S.C. 5329 and 49 U.S.C. 5330 as |
required under paragraph (7) of Section 2705-300 of the |
Department of Transportation Law of the Civil Administrative |
Code of Illinois.
|
Section 15. The Metropolitan Transit Authority Act is |
amended by changing Section 9b and by adding Section 9c as |
follows:
|
(70 ILCS 3605/9b) (from Ch. 111 2/3, par. 309b)
|
Sec. 9b.
The Authority shall comply with the requirements |
imposed upon a
Service Board in Sections 4.09(d) and 4.11 of |
|
the Regional Transportation
Authority Act and with the |
requirements of subsection (b) of Section 2.11 of
the Regional |
Transportation Authority Act. The Authority shall present
|
evidence that it has complied
with Section 27a of this Act to |
the Regional Transportation Authority.
|
(Source: P.A. 90-273, eff. 7-30-97.)
|
(70 ILCS 3605/9c new) |
Sec. 9c. State safety oversight for rail fixed guideway |
public transportation systems. The Authority shall comply with |
the requirements of 49 U.S.C. 5329 and 49 U.S.C. 5330 as |
required by the Department of Transportation under paragraph |
(7) of Section 2705-300 of the Department of Transportation |
Law of the Civil Administrative Code of Illinois.
|
Section 20. The Regional Transportation Authority Act is |
amended by changing Section 2.11 as follows:
|
(70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)
|
Sec. 2.11. Safety.
|
(a) The Service Boards may establish, enforce and |
facilitate
achievement and
maintenance of standards of safety |
against accidents with respect to public
transportation |
provided by the Service Boards or by transportation
agencies
|
pursuant to purchase of service agreements with the Service |
Boards. The
provisions of general or special orders, rules or |
|
regulations issued by the
Illinois Commerce Commission |
pursuant to Section 57 of "An Act concerning
public |
utilities", approved June 29, 1921, as amended, which pertain |
to
public transportation and public transportation facilities |
of railroads
will continue to apply until the Service Board |
determines
that different
standards are necessary to protect |
such health and safety.
|
(b) (Blank). To the extent required by 49 CFR Part 659 as |
now or hereafter amended,
the Authority shall develop and |
adopt a system safety program standard for the
safety of rail |
fixed guideway systems and the personal security of the |
systems'
passengers and employees and shall establish |
procedures for safety and security
reviews, investigations, |
and oversight reporting. The Authority shall require
the |
applicable Service Boards to comply with the requirements of |
49 CFR Part
659 as now or hereafter amended. The Authority may |
contract for the services
of a qualified consultant to comply |
with this subsection.
|
(c) The security portion of the system safety program, |
investigation
reports, surveys, schedules, lists, or data |
compiled, collected, or prepared by
or for the Authority under |
this subsection, shall not be subject to discovery
or admitted |
into evidence in federal or State court or considered for |
other
purposes in any civil action for damages arising from |
any matter mentioned or
addressed in such reports, surveys, |
schedules, lists, data, or information.
|
|
(d) Neither the Authority nor its directors, officers, or |
employees nor any
Service Board subject to this Section nor |
its directors, officers, or employees
shall be held liable in |
any civil action for any injury to any person or
property for |
any acts or omissions or failure to act under this Section or
|
pursuant to 49 CFR Part 659 as now or hereafter amended.
|
(e) Nothing in this Section alleviates an individual's |
duty to comply with the State Officials and Employees Ethics |
Act. |
(Source: P.A. 90-273, eff. 7-30-97.)
|
(45 ILCS 111/Act rep.)
|
Section 25. The Bi-State Transit Safety Act is repealed.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|