Rep. Kelly Burke
Filed: 4/6/2011
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1 | AMENDMENT TO HOUSE BILL 3342
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2 | AMENDMENT NO. ______. Amend House Bill 3342 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Sections 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 under | ||||||
11 | Section 4002 of the Technology Advancement and Development Act. | ||||||
12 | (b) Library circulation and order records identifying | ||||||
13 | library users with specific materials under the Library Records | ||||||
14 | Confidentiality Act. | ||||||
15 | (c) Applications, related documents, and medical records | ||||||
16 | received by the Experimental Organ Transplantation Procedures |
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1 | Board and any and all documents or other records prepared by | ||||||
2 | the Experimental Organ Transplantation Procedures Board or its | ||||||
3 | staff relating to applications it has received. | ||||||
4 | (d) Information and records held by the Department of | ||||||
5 | Public Health and its authorized representatives relating to | ||||||
6 | known or suspected cases of sexually transmissible disease or | ||||||
7 | any information the disclosure of which is restricted under the | ||||||
8 | Illinois Sexually Transmissible Disease Control Act. | ||||||
9 | (e) Information the disclosure of which is exempted under | ||||||
10 | Section 30 of the Radon Industry Licensing Act. | ||||||
11 | (f) Firm performance evaluations under Section 55 of the | ||||||
12 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
13 | Based Selection Act. | ||||||
14 | (g) Information the disclosure of which is restricted and | ||||||
15 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
16 | (h) Information the disclosure of which is exempted under | ||||||
17 | the State Officials and Employees Ethics Act, and records of | ||||||
18 | any lawfully created State or local inspector general's office | ||||||
19 | that would be exempt if created or obtained by an Executive | ||||||
20 | Inspector General's office under that Act. | ||||||
21 | (i) Information contained in a local emergency energy plan | ||||||
22 | submitted to a municipality in accordance with a local | ||||||
23 | emergency energy plan ordinance that is adopted under Section | ||||||
24 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
25 | (j) Information and data concerning the distribution of | ||||||
26 | surcharge moneys collected and remitted by wireless carriers |
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1 | under the Wireless Emergency Telephone Safety Act. | ||||||
2 | (k) Law enforcement officer identification information or | ||||||
3 | driver identification information compiled by a law | ||||||
4 | enforcement agency or the Department of Transportation under | ||||||
5 | Section 11-212 of the Illinois Vehicle Code. | ||||||
6 | (l) Records and information provided to a residential | ||||||
7 | health care facility resident sexual assault and death review | ||||||
8 | team or the Executive Council under the Abuse Prevention Review | ||||||
9 | Team Act. | ||||||
10 | (m) Information provided to the predatory lending database | ||||||
11 | created pursuant to Article 3 of the Residential Real Property | ||||||
12 | Disclosure Act, except to the extent authorized under that | ||||||
13 | Article. | ||||||
14 | (n) Defense budgets and petitions for certification of | ||||||
15 | compensation and expenses for court appointed trial counsel as | ||||||
16 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
17 | Litigation Act. This subsection (n) shall apply until the | ||||||
18 | conclusion of the trial of the case, even if the prosecution | ||||||
19 | chooses not to pursue the death penalty prior to trial or | ||||||
20 | sentencing. | ||||||
21 | (o) Information that is prohibited from being disclosed | ||||||
22 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
23 | Registry Act. | ||||||
24 | (p) Security portions of system safety program plans, | ||||||
25 | investigation reports, surveys, schedules, lists, data, or | ||||||
26 | information compiled, collected, or prepared by or for the |
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1 | Regional Transportation Authority under Section 2.11 of the | ||||||
2 | Regional Transportation Authority Act or the St. Clair County | ||||||
3 | Transit District under the Bi-State Transit Safety Act. | ||||||
4 | (q) Information prohibited from being disclosed by the | ||||||
5 | Personnel Records Review Act. | ||||||
6 | (r) Information prohibited from being disclosed by the | ||||||
7 | Illinois School Student Records Act. | ||||||
8 | (s) Information the disclosure of which is restricted under | ||||||
9 | Section 5-108 of the Public Utilities Act.
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10 | (t) All identified or deidentified health information in | ||||||
11 | the form of health data or medical records contained in, stored | ||||||
12 | in, submitted to, transferred by, or released from the Illinois | ||||||
13 | Health Information Exchange, and identified or deidentified | ||||||
14 | health information in the form of health data and medical | ||||||
15 | records of the Illinois Health Information Exchange in the | ||||||
16 | possession of the Illinois Health Information Exchange | ||||||
17 | Authority due to its administration of the Illinois Health | ||||||
18 | Information Exchange. The terms "identified" and | ||||||
19 | "deidentified" shall be given the same meaning as in the Health | ||||||
20 | Insurance Accountability and Portability Act of 1996, Public | ||||||
21 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
22 | regulations promulgated thereunder. | ||||||
23 | (u) (t) Records and information provided to an independent | ||||||
24 | team of experts under Brian's Law. | ||||||
25 | (v) Personally identifiable information which is exempted | ||||||
26 | from disclosure under subsection (g) of Section 19.1 of the |
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1 | Toll Highway Act. | ||||||
2 | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | ||||||
3 | 96-1331, eff. 7-27-10; revised 9-2-10.) | ||||||
4 | Section 10. The Toll Highway Act is amended by adding | ||||||
5 | Section 19.1 as follows: | ||||||
6 | (605 ILCS 10/19.1 new) | ||||||
7 | Sec. 19.1. Confidentiality of personally identifiable | ||||||
8 | information obtained through electronic toll collection | ||||||
9 | system. | ||||||
10 | (a) For purposes of this Section: | ||||||
11 | "Electronic toll collection system" is a system where a | ||||||
12 | transponder, camera-based vehicle identification system, or | ||||||
13 | other electronic medium is used to deduct payment of a toll | ||||||
14 | from a subscriber's account or to establish an obligation to | ||||||
15 | pay a toll. | ||||||
16 | "Electronic toll collection system user" means any natural | ||||||
17 | person who subscribes to an electronic toll collection system | ||||||
18 | or any natural person who uses a tolled transportation facility | ||||||
19 | that employs the Authority's electronic toll collection | ||||||
20 | system. | ||||||
21 | "Personally identifiable information" means any | ||||||
22 | information that identifies or describes an electronic toll | ||||||
23 | collection system user, including but not limited to travel | ||||||
24 | pattern data, address, telephone number, e-mail address, |
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1 | license plate number, photograph, bank account information, or | ||||||
2 | credit card number. | ||||||
3 | (b) Except as otherwise provided in this Section, the | ||||||
4 | Authority may not sell or otherwise provide to any person or | ||||||
5 | entity personally identifiable information of any electronic | ||||||
6 | toll collection system user that the Authority obtains through | ||||||
7 | the operation of its electronic toll collection system. | ||||||
8 | (c) The Authority may, within practical business and cost | ||||||
9 | constraints, store personally identifiable information of an | ||||||
10 | electronic toll collection system user only if the information | ||||||
11 | is required to perform account functions such as billing, | ||||||
12 | account settlement, or toll violation enforcement activities. | ||||||
13 | (d) By no later than December 31, 2011, the Authority shall | ||||||
14 | establish a privacy policy regarding the collection and use of | ||||||
15 | personally identifiable information. Upon its adoption, the | ||||||
16 | policy shall be posted on the Authority's website and a copy | ||||||
17 | shall be included with each transponder transmitted to a user. | ||||||
18 | The policy shall include but need not be limited to the | ||||||
19 | following: | ||||||
20 | (1) A description of the types of personally | ||||||
21 | identifiable information collected by the Authority. | ||||||
22 | (2) The categories of third-party persons or entities | ||||||
23 | with whom the Authority may share personally identifiable | ||||||
24 | information and for what purposes that information is | ||||||
25 | shared. | ||||||
26 | (3) The process by which the Authority notifies |
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1 | electronic toll collection system users of material | ||||||
2 | changes to its privacy policy. | ||||||
3 | (4) The process by which an electronic toll collection | ||||||
4 | system user may review and request changes to any of his or | ||||||
5 | her personally identifiable information. | ||||||
6 | (5) The effective date of the privacy policy. | ||||||
7 | (e) This Section does not prohibit the Authority from: | ||||||
8 | (1) providing aggregated traveler information derived | ||||||
9 | from collective data relating to a group or category of | ||||||
10 | electronic toll collection system users from which | ||||||
11 | personally identifiable information has been removed; | ||||||
12 | (2) sharing data with another transportation agency or | ||||||
13 | third-party vendor to comply with interoperability | ||||||
14 | specifications and standards regarding electronic toll | ||||||
15 | collection devices and technologies, provided that the | ||||||
16 | other transportation agency or third-party vendor may not | ||||||
17 | use personally identifiable information obtained under | ||||||
18 | this Section for a purpose other than described in this | ||||||
19 | Section; | ||||||
20 | (3) performing financial, legal and accounting | ||||||
21 | functions such as billing, account settlement, toll | ||||||
22 | violation enforcement, or other activities required to | ||||||
23 | operate and manage its toll collection system; | ||||||
24 | (4) communicating about products and services offered | ||||||
25 | by itself, a business partner, or another public agency; | ||||||
26 | (5) using personally identifiable information in |
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1 | research projects, provided that appropriate | ||||||
2 | confidentiality restrictions are employed to protect | ||||||
3 | against the unauthorized release of such information; | ||||||
4 | (6) releasing personally identifiable information in | ||||||
5 | response to a warrant, subpoena or lawful order from a | ||||||
6 | court of competent jurisdiction; | ||||||
7 | (7) releasing personally identifiable information to | ||||||
8 | law enforcement agencies in the case of an emergency when | ||||||
9 | obtaining a warrant or subpoena would be impractical; and | ||||||
10 | (8) releasing personally identifiable information to | ||||||
11 | the Authority's Inspector General or, at the Inspector | ||||||
12 | General's direction, to law enforcement agencies under | ||||||
13 | paragraphs (5) and (6) of subsection (f) of Section 8.5 of | ||||||
14 | this Act. | ||||||
15 | (f) In any agreement allowing another public entity to use | ||||||
16 | the Authority's toll collection system in a transportation | ||||||
17 | facility, the Authority shall require the other public entity | ||||||
18 | to comply with the requirements of this Section. | ||||||
19 | (g) Personally identifiable information generated through | ||||||
20 | the
Authority's toll collection process that reveals the date, | ||||||
21 | time, location or
direction of travel by an electronic toll | ||||||
22 | collection system user shall be
exempt from release under the | ||||||
23 | Illinois Freedom of Information Act. The
exemption in this | ||||||
24 | subsection shall not apply to information that concerns (i)
the | ||||||
25 | public duties of public employees and officials; (ii) whether | ||||||
26 | an electronic toll
collection system user has paid tolls; (iii) |
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1 | whether the Authority is
enforcing toll violation penalties | ||||||
2 | against electronic toll collection users
who do not pay tolls; | ||||||
3 | (iv) accidents or other incidents that occur on highways under | ||||||
4 | the jurisdiction of the
Authority; or (v) the obligation, | ||||||
5 | receipt, and use of the funds of the Authority. The exemption | ||||||
6 | in this subsection (g) shall not be a limitation or restriction | ||||||
7 | on other Freedom of Information Act exemptions applicable to | ||||||
8 | personally identifiable information or private information.
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
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