HB2039 EnrolledLRB103 04768 CPF 49777 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Access
5to Public Health Data Act.
 
6    Section 5. Definition. In this Act, "public health data"
7includes, but is not limited to, birth and death certificate
8data, hospital discharge data, adverse pregnancy outcomes
9reporting system (APORS) data, cancer registry data, syndromic
10surveillance data, and prescription monitoring program (PMP)
11data.
 
12    Section 10. Access to public health data; certified local
13health departments; safeguards.
14    (a) Notwithstanding any other provision of State law to
15the contrary, the Department of Public Health, the Department
16of Human Services, and the Department of Healthcare and Family
17Services shall, at the request of a certified local health
18department in this State, make any and all public health data
19related to residents of that certified local health
20department's jurisdiction available to that certified local
21health department for the purposes of preventing or
22controlling disease, injury, or disability. The commissioner,

 

 

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1executive director, chief operating officer, chief medical
2officer, or equivalent executive leader of a certified local
3health department has express authority to request and receive
4such data.
5    (b) A certified local health department shall have access
6to data under this Act only for the purposes identified in this
7Act. The Department of Public Health, the Department of Human
8Services, the Department of Healthcare and Family Services,
9and the requesting certified local health department shall
10protect the privacy and security of data obtained under this
11Act in accordance with applicable federal and State law and
12shall apply appropriate administrative, physical, and
13technical safeguards to ensure the privacy and security of the
14data and protect the data from unauthorized access, use, or
15disclosure. Appropriate safeguards include, but are not
16limited to, authentication and authorization of users prior to
17gaining access to data obtained under this Act.
18    (c) A certified local health department shall apply
19appropriate controls to ensure that access to data under this
20Act is provided on a minimum, necessary basis and limited to
21only those persons whose public health duties and
22responsibilities require such access. Any data obtained under
23this Act and in the possession of a certified local health
24department shall be exempt from inspection and copying under
25subsection (pp) of Section 7 of the Freedom of Information
26Act. Any data obtained under this Act shall not be admissible

 

 

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1as evidence nor discoverable in any action of any kind in any
2court or before any tribunal, board, agency, or person. The
3access to or disclosure of any information or data by a
4certified local health department under this Act shall not
5waive or have any effect upon its nondiscoverability or
6inadmissibility. The identity of any individual identified in
7data obtained under this Act shall be confidential and shall
8not be disclosed publicly or in any action of any kind.
 
9    Section 15. Data use agreements. A disclosing State
10department and the requesting certified local health
11department shall enter into a data use agreement to ensure
12appropriate, effective, and efficient use of data obtained
13under this Act by the certified local health department,
14though no data use agreement shall, in a manner inconsistent
15with the purpose or requirements of this Act, impede certified
16local health department access to any public health data
17available to the Department of Public Health, the Department
18of Human Services, or the Department of Healthcare and Family
19Services, nor shall it require indemnification as a
20prerequisite to access. Each disclosing State department or
21agency shall execute a single master data use agreement that
22includes all data sets and is in accordance with the
23applicable laws, rules, and regulations pertaining to the
24specific data being requested. Master data use agreements
25shall include, at a minimum, data content, format, method of

 

 

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1transfer, analytic and statistical methods, scope of use, and
2requirements for safeguarding the data under State and federal
3law. Pursuant to 77 Ill. Adm. Code 600.300, the executive
4officer of each certified local health department shall
5execute all master data use agreements. The State department
6or agency may require the names of any authorized users who
7will access or use the data provided. Each certified local
8health department shall be required to enter into applicable
9master data use agreements with each disclosing State
10department or agency to obtain requested data. Certified local
11health departments shall not be required to enter into any
12master data use agreement unless they are requesting subject
13data. Furthermore, all State departments or agencies shall
14enter into interdepartmental agreements with other State
15departments or agencies to share applicable data with eligible
16certified local health departments if necessary. Any data
17shared between State departments and agencies that is
18requested by a certified local health department shall be
19reviewed and approved by the State department or agency
20providing the data to ensure that all disclosures are made in
21accordance with procedures set forth in the data use
22agreements.
 
23    Section 20. Latest available data. The Department of
24Public Health, the Department of Human Services, and the
25Department of Healthcare and Family Services must provide the

 

 

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1latest available data for each certified local health
2department within 120 business days after completion of the
3applicable master data use agreement, except to the extent
4prohibited by current technology.
 
5    Section 25. Rules. The Department of Public Health, the
6Department of Human Services, and the Department of Healthcare
7and Family Services may adopt any rules necessary to implement
8this Act.
 
9    Section 900. The Freedom of Information Act is amended by
10changing Section 7 as follows:
 
11    (5 ILCS 140/7)
12    (Text of Section before amendment by P.A. 102-982)
13    Sec. 7. Exemptions.
14    (1) When a request is made to inspect or copy a public
15record that contains information that is exempt from
16disclosure under this Section, but also contains information
17that is not exempt from disclosure, the public body may elect
18to redact the information that is exempt. The public body
19shall make the remaining information available for inspection
20and copying. Subject to this requirement, the following shall
21be exempt from inspection and copying:
22        (a) Information specifically prohibited from
23    disclosure by federal or State law or rules and

 

 

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1    regulations implementing federal or State law.
2        (b) Private information, unless disclosure is required
3    by another provision of this Act, a State or federal law,
4    or a court order.
5        (b-5) Files, documents, and other data or databases
6    maintained by one or more law enforcement agencies and
7    specifically designed to provide information to one or
8    more law enforcement agencies regarding the physical or
9    mental status of one or more individual subjects.
10        (c) Personal information contained within public
11    records, the disclosure of which would constitute a
12    clearly unwarranted invasion of personal privacy, unless
13    the disclosure is consented to in writing by the
14    individual subjects of the information. "Unwarranted
15    invasion of personal privacy" means the disclosure of
16    information that is highly personal or objectionable to a
17    reasonable person and in which the subject's right to
18    privacy outweighs any legitimate public interest in
19    obtaining the information. The disclosure of information
20    that bears on the public duties of public employees and
21    officials shall not be considered an invasion of personal
22    privacy.
23        (d) Records in the possession of any public body
24    created in the course of administrative enforcement
25    proceedings, and any law enforcement or correctional
26    agency for law enforcement purposes, but only to the

 

 

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1    extent that disclosure would:
2            (i) interfere with pending or actually and
3        reasonably contemplated law enforcement proceedings
4        conducted by any law enforcement or correctional
5        agency that is the recipient of the request;
6            (ii) interfere with active administrative
7        enforcement proceedings conducted by the public body
8        that is the recipient of the request;
9            (iii) create a substantial likelihood that a
10        person will be deprived of a fair trial or an impartial
11        hearing;
12            (iv) unavoidably disclose the identity of a
13        confidential source, confidential information
14        furnished only by the confidential source, or persons
15        who file complaints with or provide information to
16        administrative, investigative, law enforcement, or
17        penal agencies; except that the identities of
18        witnesses to traffic accidents, traffic accident
19        reports, and rescue reports shall be provided by
20        agencies of local government, except when disclosure
21        would interfere with an active criminal investigation
22        conducted by the agency that is the recipient of the
23        request;
24            (v) disclose unique or specialized investigative
25        techniques other than those generally used and known
26        or disclose internal documents of correctional

 

 

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1        agencies related to detection, observation, or
2        investigation of incidents of crime or misconduct, and
3        disclosure would result in demonstrable harm to the
4        agency or public body that is the recipient of the
5        request;
6            (vi) endanger the life or physical safety of law
7        enforcement personnel or any other person; or
8            (vii) obstruct an ongoing criminal investigation
9        by the agency that is the recipient of the request.
10        (d-5) A law enforcement record created for law
11    enforcement purposes and contained in a shared electronic
12    record management system if the law enforcement agency
13    that is the recipient of the request did not create the
14    record, did not participate in or have a role in any of the
15    events which are the subject of the record, and only has
16    access to the record through the shared electronic record
17    management system.
18        (d-6) Records contained in the Officer Professional
19    Conduct Database under Section 9.2 of the Illinois Police
20    Training Act, except to the extent authorized under that
21    Section. This includes the documents supplied to the
22    Illinois Law Enforcement Training Standards Board from the
23    Illinois State Police and Illinois State Police Merit
24    Board.
25        (e) Records that relate to or affect the security of
26    correctional institutions and detention facilities.

 

 

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1        (e-5) Records requested by persons committed to the
2    Department of Corrections, Department of Human Services
3    Division of Mental Health, or a county jail if those
4    materials are available in the library of the correctional
5    institution or facility or jail where the inmate is
6    confined.
7        (e-6) Records requested by persons committed to the
8    Department of Corrections, Department of Human Services
9    Division of Mental Health, or a county jail if those
10    materials include records from staff members' personnel
11    files, staff rosters, or other staffing assignment
12    information.
13        (e-7) Records requested by persons committed to the
14    Department of Corrections or Department of Human Services
15    Division of Mental Health if those materials are available
16    through an administrative request to the Department of
17    Corrections or Department of Human Services Division of
18    Mental Health.
19        (e-8) Records requested by a person committed to the
20    Department of Corrections, Department of Human Services
21    Division of Mental Health, or a county jail, the
22    disclosure of which would result in the risk of harm to any
23    person or the risk of an escape from a jail or correctional
24    institution or facility.
25        (e-9) Records requested by a person in a county jail
26    or committed to the Department of Corrections or

 

 

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1    Department of Human Services Division of Mental Health,
2    containing personal information pertaining to the person's
3    victim or the victim's family, including, but not limited
4    to, a victim's home address, home telephone number, work
5    or school address, work telephone number, social security
6    number, or any other identifying information, except as
7    may be relevant to a requester's current or potential case
8    or claim.
9        (e-10) Law enforcement records of other persons
10    requested by a person committed to the Department of
11    Corrections, Department of Human Services Division of
12    Mental Health, or a county jail, including, but not
13    limited to, arrest and booking records, mug shots, and
14    crime scene photographs, except as these records may be
15    relevant to the requester's current or potential case or
16    claim.
17        (f) Preliminary drafts, notes, recommendations,
18    memoranda, and other records in which opinions are
19    expressed, or policies or actions are formulated, except
20    that a specific record or relevant portion of a record
21    shall not be exempt when the record is publicly cited and
22    identified by the head of the public body. The exemption
23    provided in this paragraph (f) extends to all those
24    records of officers and agencies of the General Assembly
25    that pertain to the preparation of legislative documents.
26        (g) Trade secrets and commercial or financial

 

 

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1    information obtained from a person or business where the
2    trade secrets or commercial or financial information are
3    furnished under a claim that they are proprietary,
4    privileged, or confidential, and that disclosure of the
5    trade secrets or commercial or financial information would
6    cause competitive harm to the person or business, and only
7    insofar as the claim directly applies to the records
8    requested.
9        The information included under this exemption includes
10    all trade secrets and commercial or financial information
11    obtained by a public body, including a public pension
12    fund, from a private equity fund or a privately held
13    company within the investment portfolio of a private
14    equity fund as a result of either investing or evaluating
15    a potential investment of public funds in a private equity
16    fund. The exemption contained in this item does not apply
17    to the aggregate financial performance information of a
18    private equity fund, nor to the identity of the fund's
19    managers or general partners. The exemption contained in
20    this item does not apply to the identity of a privately
21    held company within the investment portfolio of a private
22    equity fund, unless the disclosure of the identity of a
23    privately held company may cause competitive harm.
24        Nothing contained in this paragraph (g) shall be
25    construed to prevent a person or business from consenting
26    to disclosure.

 

 

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1        (h) Proposals and bids for any contract, grant, or
2    agreement, including information which if it were
3    disclosed would frustrate procurement or give an advantage
4    to any person proposing to enter into a contractor
5    agreement with the body, until an award or final selection
6    is made. Information prepared by or for the body in
7    preparation of a bid solicitation shall be exempt until an
8    award or final selection is made.
9        (i) Valuable formulae, computer geographic systems,
10    designs, drawings, and research data obtained or produced
11    by any public body when disclosure could reasonably be
12    expected to produce private gain or public loss. The
13    exemption for "computer geographic systems" provided in
14    this paragraph (i) does not extend to requests made by
15    news media as defined in Section 2 of this Act when the
16    requested information is not otherwise exempt and the only
17    purpose of the request is to access and disseminate
18    information regarding the health, safety, welfare, or
19    legal rights of the general public.
20        (j) The following information pertaining to
21    educational matters:
22            (i) test questions, scoring keys, and other
23        examination data used to administer an academic
24        examination;
25            (ii) information received by a primary or
26        secondary school, college, or university under its

 

 

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1        procedures for the evaluation of faculty members by
2        their academic peers;
3            (iii) information concerning a school or
4        university's adjudication of student disciplinary
5        cases, but only to the extent that disclosure would
6        unavoidably reveal the identity of the student; and
7            (iv) course materials or research materials used
8        by faculty members.
9        (k) Architects' plans, engineers' technical
10    submissions, and other construction related technical
11    documents for projects not constructed or developed in
12    whole or in part with public funds and the same for
13    projects constructed or developed with public funds,
14    including, but not limited to, power generating and
15    distribution stations and other transmission and
16    distribution facilities, water treatment facilities,
17    airport facilities, sport stadiums, convention centers,
18    and all government owned, operated, or occupied buildings,
19    but only to the extent that disclosure would compromise
20    security.
21        (l) Minutes of meetings of public bodies closed to the
22    public as provided in the Open Meetings Act until the
23    public body makes the minutes available to the public
24    under Section 2.06 of the Open Meetings Act.
25        (m) Communications between a public body and an
26    attorney or auditor representing the public body that

 

 

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1    would not be subject to discovery in litigation, and
2    materials prepared or compiled by or for a public body in
3    anticipation of a criminal, civil, or administrative
4    proceeding upon the request of an attorney advising the
5    public body, and materials prepared or compiled with
6    respect to internal audits of public bodies.
7        (n) Records relating to a public body's adjudication
8    of employee grievances or disciplinary cases; however,
9    this exemption shall not extend to the final outcome of
10    cases in which discipline is imposed.
11        (o) Administrative or technical information associated
12    with automated data processing operations, including, but
13    not limited to, software, operating protocols, computer
14    program abstracts, file layouts, source listings, object
15    modules, load modules, user guides, documentation
16    pertaining to all logical and physical design of
17    computerized systems, employee manuals, and any other
18    information that, if disclosed, would jeopardize the
19    security of the system or its data or the security of
20    materials exempt under this Section.
21        (p) Records relating to collective negotiating matters
22    between public bodies and their employees or
23    representatives, except that any final contract or
24    agreement shall be subject to inspection and copying.
25        (q) Test questions, scoring keys, and other
26    examination data used to determine the qualifications of

 

 

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1    an applicant for a license or employment.
2        (r) The records, documents, and information relating
3    to real estate purchase negotiations until those
4    negotiations have been completed or otherwise terminated.
5    With regard to a parcel involved in a pending or actually
6    and reasonably contemplated eminent domain proceeding
7    under the Eminent Domain Act, records, documents, and
8    information relating to that parcel shall be exempt except
9    as may be allowed under discovery rules adopted by the
10    Illinois Supreme Court. The records, documents, and
11    information relating to a real estate sale shall be exempt
12    until a sale is consummated.
13        (s) Any and all proprietary information and records
14    related to the operation of an intergovernmental risk
15    management association or self-insurance pool or jointly
16    self-administered health and accident cooperative or pool.
17    Insurance or self-insurance self insurance (including any
18    intergovernmental risk management association or
19    self-insurance self insurance pool) claims, loss or risk
20    management information, records, data, advice, or
21    communications.
22        (t) Information contained in or related to
23    examination, operating, or condition reports prepared by,
24    on behalf of, or for the use of a public body responsible
25    for the regulation or supervision of financial
26    institutions, insurance companies, or pharmacy benefit

 

 

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1    managers, unless disclosure is otherwise required by State
2    law.
3        (u) Information that would disclose or might lead to
4    the disclosure of secret or confidential information,
5    codes, algorithms, programs, or private keys intended to
6    be used to create electronic signatures under the Uniform
7    Electronic Transactions Act.
8        (v) Vulnerability assessments, security measures, and
9    response policies or plans that are designed to identify,
10    prevent, or respond to potential attacks upon a
11    community's population or systems, facilities, or
12    installations, but only to the extent that disclosure
13    could reasonably be expected to expose the vulnerability
14    or jeopardize the effectiveness of the measures, policies,
15    or plans, or the safety of the personnel who implement
16    them or the public. Information exempt under this item may
17    include such things as details pertaining to the
18    mobilization or deployment of personnel or equipment, to
19    the operation of communication systems or protocols, to
20    cybersecurity vulnerabilities, or to tactical operations.
21        (w) (Blank).
22        (x) Maps and other records regarding the location or
23    security of generation, transmission, distribution,
24    storage, gathering, treatment, or switching facilities
25    owned by a utility, by a power generator, or by the
26    Illinois Power Agency.

 

 

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1        (y) Information contained in or related to proposals,
2    bids, or negotiations related to electric power
3    procurement under Section 1-75 of the Illinois Power
4    Agency Act and Section 16-111.5 of the Public Utilities
5    Act that is determined to be confidential and proprietary
6    by the Illinois Power Agency or by the Illinois Commerce
7    Commission.
8        (z) Information about students exempted from
9    disclosure under Section Sections 10-20.38 or 34-18.29 of
10    the School Code, and information about undergraduate
11    students enrolled at an institution of higher education
12    exempted from disclosure under Section 25 of the Illinois
13    Credit Card Marketing Act of 2009.
14        (aa) Information the disclosure of which is exempted
15    under the Viatical Settlements Act of 2009.
16        (bb) Records and information provided to a mortality
17    review team and records maintained by a mortality review
18    team appointed under the Department of Juvenile Justice
19    Mortality Review Team Act.
20        (cc) Information regarding interments, entombments, or
21    inurnments of human remains that are submitted to the
22    Cemetery Oversight Database under the Cemetery Care Act or
23    the Cemetery Oversight Act, whichever is applicable.
24        (dd) Correspondence and records (i) that may not be
25    disclosed under Section 11-9 of the Illinois Public Aid
26    Code or (ii) that pertain to appeals under Section 11-8 of

 

 

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1    the Illinois Public Aid Code.
2        (ee) The names, addresses, or other personal
3    information of persons who are minors and are also
4    participants and registrants in programs of park
5    districts, forest preserve districts, conservation
6    districts, recreation agencies, and special recreation
7    associations.
8        (ff) The names, addresses, or other personal
9    information of participants and registrants in programs of
10    park districts, forest preserve districts, conservation
11    districts, recreation agencies, and special recreation
12    associations where such programs are targeted primarily to
13    minors.
14        (gg) Confidential information described in Section
15    1-100 of the Illinois Independent Tax Tribunal Act of
16    2012.
17        (hh) The report submitted to the State Board of
18    Education by the School Security and Standards Task Force
19    under item (8) of subsection (d) of Section 2-3.160 of the
20    School Code and any information contained in that report.
21        (ii) Records requested by persons committed to or
22    detained by the Department of Human Services under the
23    Sexually Violent Persons Commitment Act or committed to
24    the Department of Corrections under the Sexually Dangerous
25    Persons Act if those materials: (i) are available in the
26    library of the facility where the individual is confined;

 

 

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1    (ii) include records from staff members' personnel files,
2    staff rosters, or other staffing assignment information;
3    or (iii) are available through an administrative request
4    to the Department of Human Services or the Department of
5    Corrections.
6        (jj) Confidential information described in Section
7    5-535 of the Civil Administrative Code of Illinois.
8        (kk) The public body's credit card numbers, debit card
9    numbers, bank account numbers, Federal Employer
10    Identification Number, security code numbers, passwords,
11    and similar account information, the disclosure of which
12    could result in identity theft or impression or defrauding
13    of a governmental entity or a person.
14        (ll) Records concerning the work of the threat
15    assessment team of a school district, including, but not
16    limited to, any threat assessment procedure under the
17    School Safety Drill Act and any information contained in
18    the procedure.
19        (mm) Information prohibited from being disclosed under
20    subsections (a) and (b) of Section 15 of the Student
21    Confidential Reporting Act.
22        (nn) (mm) Proprietary information submitted to the
23    Environmental Protection Agency under the Drug Take-Back
24    Act.
25        (oo) (mm) Records described in subsection (f) of
26    Section 3-5-1 of the Unified Code of Corrections.

 

 

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1    (1.5) Any information exempt from disclosure under the
2Judicial Privacy Act shall be redacted from public records
3prior to disclosure under this Act.
4    (2) A public record that is not in the possession of a
5public body but is in the possession of a party with whom the
6agency has contracted to perform a governmental function on
7behalf of the public body, and that directly relates to the
8governmental function and is not otherwise exempt under this
9Act, shall be considered a public record of the public body,
10for purposes of this Act.
11    (3) This Section does not authorize withholding of
12information or limit the availability of records to the
13public, except as stated in this Section or otherwise provided
14in this Act.
15(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
16101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
176-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
18eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
19102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
2012-13-22.)
 
21    (Text of Section after amendment by P.A. 102-982)
22    Sec. 7. Exemptions.
23    (1) When a request is made to inspect or copy a public
24record that contains information that is exempt from
25disclosure under this Section, but also contains information

 

 

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1that is not exempt from disclosure, the public body may elect
2to redact the information that is exempt. The public body
3shall make the remaining information available for inspection
4and copying. Subject to this requirement, the following shall
5be exempt from inspection and copying:
6        (a) Information specifically prohibited from
7    disclosure by federal or State law or rules and
8    regulations implementing federal or State law.
9        (b) Private information, unless disclosure is required
10    by another provision of this Act, a State or federal law,
11    or a court order.
12        (b-5) Files, documents, and other data or databases
13    maintained by one or more law enforcement agencies and
14    specifically designed to provide information to one or
15    more law enforcement agencies regarding the physical or
16    mental status of one or more individual subjects.
17        (c) Personal information contained within public
18    records, the disclosure of which would constitute a
19    clearly unwarranted invasion of personal privacy, unless
20    the disclosure is consented to in writing by the
21    individual subjects of the information. "Unwarranted
22    invasion of personal privacy" means the disclosure of
23    information that is highly personal or objectionable to a
24    reasonable person and in which the subject's right to
25    privacy outweighs any legitimate public interest in
26    obtaining the information. The disclosure of information

 

 

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1    that bears on the public duties of public employees and
2    officials shall not be considered an invasion of personal
3    privacy.
4        (d) Records in the possession of any public body
5    created in the course of administrative enforcement
6    proceedings, and any law enforcement or correctional
7    agency for law enforcement purposes, but only to the
8    extent that disclosure would:
9            (i) interfere with pending or actually and
10        reasonably contemplated law enforcement proceedings
11        conducted by any law enforcement or correctional
12        agency that is the recipient of the request;
13            (ii) interfere with active administrative
14        enforcement proceedings conducted by the public body
15        that is the recipient of the request;
16            (iii) create a substantial likelihood that a
17        person will be deprived of a fair trial or an impartial
18        hearing;
19            (iv) unavoidably disclose the identity of a
20        confidential source, confidential information
21        furnished only by the confidential source, or persons
22        who file complaints with or provide information to
23        administrative, investigative, law enforcement, or
24        penal agencies; except that the identities of
25        witnesses to traffic crashes, traffic crash reports,
26        and rescue reports shall be provided by agencies of

 

 

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1        local government, except when disclosure would
2        interfere with an active criminal investigation
3        conducted by the agency that is the recipient of the
4        request;
5            (v) disclose unique or specialized investigative
6        techniques other than those generally used and known
7        or disclose internal documents of correctional
8        agencies related to detection, observation, or
9        investigation of incidents of crime or misconduct, and
10        disclosure would result in demonstrable harm to the
11        agency or public body that is the recipient of the
12        request;
13            (vi) endanger the life or physical safety of law
14        enforcement personnel or any other person; or
15            (vii) obstruct an ongoing criminal investigation
16        by the agency that is the recipient of the request.
17        (d-5) A law enforcement record created for law
18    enforcement purposes and contained in a shared electronic
19    record management system if the law enforcement agency
20    that is the recipient of the request did not create the
21    record, did not participate in or have a role in any of the
22    events which are the subject of the record, and only has
23    access to the record through the shared electronic record
24    management system.
25        (d-6) Records contained in the Officer Professional
26    Conduct Database under Section 9.2 of the Illinois Police

 

 

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1    Training Act, except to the extent authorized under that
2    Section. This includes the documents supplied to the
3    Illinois Law Enforcement Training Standards Board from the
4    Illinois State Police and Illinois State Police Merit
5    Board.
6        (e) Records that relate to or affect the security of
7    correctional institutions and detention facilities.
8        (e-5) Records requested by persons committed to the
9    Department of Corrections, Department of Human Services
10    Division of Mental Health, or a county jail if those
11    materials are available in the library of the correctional
12    institution or facility or jail where the inmate is
13    confined.
14        (e-6) Records requested by persons committed to the
15    Department of Corrections, Department of Human Services
16    Division of Mental Health, or a county jail if those
17    materials include records from staff members' personnel
18    files, staff rosters, or other staffing assignment
19    information.
20        (e-7) Records requested by persons committed to the
21    Department of Corrections or Department of Human Services
22    Division of Mental Health if those materials are available
23    through an administrative request to the Department of
24    Corrections or Department of Human Services Division of
25    Mental Health.
26        (e-8) Records requested by a person committed to the

 

 

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1    Department of Corrections, Department of Human Services
2    Division of Mental Health, or a county jail, the
3    disclosure of which would result in the risk of harm to any
4    person or the risk of an escape from a jail or correctional
5    institution or facility.
6        (e-9) Records requested by a person in a county jail
7    or committed to the Department of Corrections or
8    Department of Human Services Division of Mental Health,
9    containing personal information pertaining to the person's
10    victim or the victim's family, including, but not limited
11    to, a victim's home address, home telephone number, work
12    or school address, work telephone number, social security
13    number, or any other identifying information, except as
14    may be relevant to a requester's current or potential case
15    or claim.
16        (e-10) Law enforcement records of other persons
17    requested by a person committed to the Department of
18    Corrections, Department of Human Services Division of
19    Mental Health, or a county jail, including, but not
20    limited to, arrest and booking records, mug shots, and
21    crime scene photographs, except as these records may be
22    relevant to the requester's current or potential case or
23    claim.
24        (f) Preliminary drafts, notes, recommendations,
25    memoranda, and other records in which opinions are
26    expressed, or policies or actions are formulated, except

 

 

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1    that a specific record or relevant portion of a record
2    shall not be exempt when the record is publicly cited and
3    identified by the head of the public body. The exemption
4    provided in this paragraph (f) extends to all those
5    records of officers and agencies of the General Assembly
6    that pertain to the preparation of legislative documents.
7        (g) Trade secrets and commercial or financial
8    information obtained from a person or business where the
9    trade secrets or commercial or financial information are
10    furnished under a claim that they are proprietary,
11    privileged, or confidential, and that disclosure of the
12    trade secrets or commercial or financial information would
13    cause competitive harm to the person or business, and only
14    insofar as the claim directly applies to the records
15    requested.
16        The information included under this exemption includes
17    all trade secrets and commercial or financial information
18    obtained by a public body, including a public pension
19    fund, from a private equity fund or a privately held
20    company within the investment portfolio of a private
21    equity fund as a result of either investing or evaluating
22    a potential investment of public funds in a private equity
23    fund. The exemption contained in this item does not apply
24    to the aggregate financial performance information of a
25    private equity fund, nor to the identity of the fund's
26    managers or general partners. The exemption contained in

 

 

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1    this item does not apply to the identity of a privately
2    held company within the investment portfolio of a private
3    equity fund, unless the disclosure of the identity of a
4    privately held company may cause competitive harm.
5        Nothing contained in this paragraph (g) shall be
6    construed to prevent a person or business from consenting
7    to disclosure.
8        (h) Proposals and bids for any contract, grant, or
9    agreement, including information which if it were
10    disclosed would frustrate procurement or give an advantage
11    to any person proposing to enter into a contractor
12    agreement with the body, until an award or final selection
13    is made. Information prepared by or for the body in
14    preparation of a bid solicitation shall be exempt until an
15    award or final selection is made.
16        (i) Valuable formulae, computer geographic systems,
17    designs, drawings, and research data obtained or produced
18    by any public body when disclosure could reasonably be
19    expected to produce private gain or public loss. The
20    exemption for "computer geographic systems" provided in
21    this paragraph (i) does not extend to requests made by
22    news media as defined in Section 2 of this Act when the
23    requested information is not otherwise exempt and the only
24    purpose of the request is to access and disseminate
25    information regarding the health, safety, welfare, or
26    legal rights of the general public.

 

 

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1        (j) The following information pertaining to
2    educational matters:
3            (i) test questions, scoring keys, and other
4        examination data used to administer an academic
5        examination;
6            (ii) information received by a primary or
7        secondary school, college, or university under its
8        procedures for the evaluation of faculty members by
9        their academic peers;
10            (iii) information concerning a school or
11        university's adjudication of student disciplinary
12        cases, but only to the extent that disclosure would
13        unavoidably reveal the identity of the student; and
14            (iv) course materials or research materials used
15        by faculty members.
16        (k) Architects' plans, engineers' technical
17    submissions, and other construction related technical
18    documents for projects not constructed or developed in
19    whole or in part with public funds and the same for
20    projects constructed or developed with public funds,
21    including, but not limited to, power generating and
22    distribution stations and other transmission and
23    distribution facilities, water treatment facilities,
24    airport facilities, sport stadiums, convention centers,
25    and all government owned, operated, or occupied buildings,
26    but only to the extent that disclosure would compromise

 

 

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1    security.
2        (l) Minutes of meetings of public bodies closed to the
3    public as provided in the Open Meetings Act until the
4    public body makes the minutes available to the public
5    under Section 2.06 of the Open Meetings Act.
6        (m) Communications between a public body and an
7    attorney or auditor representing the public body that
8    would not be subject to discovery in litigation, and
9    materials prepared or compiled by or for a public body in
10    anticipation of a criminal, civil, or administrative
11    proceeding upon the request of an attorney advising the
12    public body, and materials prepared or compiled with
13    respect to internal audits of public bodies.
14        (n) Records relating to a public body's adjudication
15    of employee grievances or disciplinary cases; however,
16    this exemption shall not extend to the final outcome of
17    cases in which discipline is imposed.
18        (o) Administrative or technical information associated
19    with automated data processing operations, including, but
20    not limited to, software, operating protocols, computer
21    program abstracts, file layouts, source listings, object
22    modules, load modules, user guides, documentation
23    pertaining to all logical and physical design of
24    computerized systems, employee manuals, and any other
25    information that, if disclosed, would jeopardize the
26    security of the system or its data or the security of

 

 

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1    materials exempt under this Section.
2        (p) Records relating to collective negotiating matters
3    between public bodies and their employees or
4    representatives, except that any final contract or
5    agreement shall be subject to inspection and copying.
6        (q) Test questions, scoring keys, and other
7    examination data used to determine the qualifications of
8    an applicant for a license or employment.
9        (r) The records, documents, and information relating
10    to real estate purchase negotiations until those
11    negotiations have been completed or otherwise terminated.
12    With regard to a parcel involved in a pending or actually
13    and reasonably contemplated eminent domain proceeding
14    under the Eminent Domain Act, records, documents, and
15    information relating to that parcel shall be exempt except
16    as may be allowed under discovery rules adopted by the
17    Illinois Supreme Court. The records, documents, and
18    information relating to a real estate sale shall be exempt
19    until a sale is consummated.
20        (s) Any and all proprietary information and records
21    related to the operation of an intergovernmental risk
22    management association or self-insurance pool or jointly
23    self-administered health and accident cooperative or pool.
24    Insurance or self-insurance self insurance (including any
25    intergovernmental risk management association or
26    self-insurance self insurance pool) claims, loss or risk

 

 

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1    management information, records, data, advice, or
2    communications.
3        (t) Information contained in or related to
4    examination, operating, or condition reports prepared by,
5    on behalf of, or for the use of a public body responsible
6    for the regulation or supervision of financial
7    institutions, insurance companies, or pharmacy benefit
8    managers, unless disclosure is otherwise required by State
9    law.
10        (u) Information that would disclose or might lead to
11    the disclosure of secret or confidential information,
12    codes, algorithms, programs, or private keys intended to
13    be used to create electronic signatures under the Uniform
14    Electronic Transactions Act.
15        (v) Vulnerability assessments, security measures, and
16    response policies or plans that are designed to identify,
17    prevent, or respond to potential attacks upon a
18    community's population or systems, facilities, or
19    installations, but only to the extent that disclosure
20    could reasonably be expected to expose the vulnerability
21    or jeopardize the effectiveness of the measures, policies,
22    or plans, or the safety of the personnel who implement
23    them or the public. Information exempt under this item may
24    include such things as details pertaining to the
25    mobilization or deployment of personnel or equipment, to
26    the operation of communication systems or protocols, to

 

 

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1    cybersecurity vulnerabilities, or to tactical operations.
2        (w) (Blank).
3        (x) Maps and other records regarding the location or
4    security of generation, transmission, distribution,
5    storage, gathering, treatment, or switching facilities
6    owned by a utility, by a power generator, or by the
7    Illinois Power Agency.
8        (y) Information contained in or related to proposals,
9    bids, or negotiations related to electric power
10    procurement under Section 1-75 of the Illinois Power
11    Agency Act and Section 16-111.5 of the Public Utilities
12    Act that is determined to be confidential and proprietary
13    by the Illinois Power Agency or by the Illinois Commerce
14    Commission.
15        (z) Information about students exempted from
16    disclosure under Section Sections 10-20.38 or 34-18.29 of
17    the School Code, and information about undergraduate
18    students enrolled at an institution of higher education
19    exempted from disclosure under Section 25 of the Illinois
20    Credit Card Marketing Act of 2009.
21        (aa) Information the disclosure of which is exempted
22    under the Viatical Settlements Act of 2009.
23        (bb) Records and information provided to a mortality
24    review team and records maintained by a mortality review
25    team appointed under the Department of Juvenile Justice
26    Mortality Review Team Act.

 

 

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1        (cc) Information regarding interments, entombments, or
2    inurnments of human remains that are submitted to the
3    Cemetery Oversight Database under the Cemetery Care Act or
4    the Cemetery Oversight Act, whichever is applicable.
5        (dd) Correspondence and records (i) that may not be
6    disclosed under Section 11-9 of the Illinois Public Aid
7    Code or (ii) that pertain to appeals under Section 11-8 of
8    the Illinois Public Aid Code.
9        (ee) The names, addresses, or other personal
10    information of persons who are minors and are also
11    participants and registrants in programs of park
12    districts, forest preserve districts, conservation
13    districts, recreation agencies, and special recreation
14    associations.
15        (ff) The names, addresses, or other personal
16    information of participants and registrants in programs of
17    park districts, forest preserve districts, conservation
18    districts, recreation agencies, and special recreation
19    associations where such programs are targeted primarily to
20    minors.
21        (gg) Confidential information described in Section
22    1-100 of the Illinois Independent Tax Tribunal Act of
23    2012.
24        (hh) The report submitted to the State Board of
25    Education by the School Security and Standards Task Force
26    under item (8) of subsection (d) of Section 2-3.160 of the

 

 

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1    School Code and any information contained in that report.
2        (ii) Records requested by persons committed to or
3    detained by the Department of Human Services under the
4    Sexually Violent Persons Commitment Act or committed to
5    the Department of Corrections under the Sexually Dangerous
6    Persons Act if those materials: (i) are available in the
7    library of the facility where the individual is confined;
8    (ii) include records from staff members' personnel files,
9    staff rosters, or other staffing assignment information;
10    or (iii) are available through an administrative request
11    to the Department of Human Services or the Department of
12    Corrections.
13        (jj) Confidential information described in Section
14    5-535 of the Civil Administrative Code of Illinois.
15        (kk) The public body's credit card numbers, debit card
16    numbers, bank account numbers, Federal Employer
17    Identification Number, security code numbers, passwords,
18    and similar account information, the disclosure of which
19    could result in identity theft or impression or defrauding
20    of a governmental entity or a person.
21        (ll) Records concerning the work of the threat
22    assessment team of a school district, including, but not
23    limited to, any threat assessment procedure under the
24    School Safety Drill Act and any information contained in
25    the procedure.
26        (mm) Information prohibited from being disclosed under

 

 

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1    subsections (a) and (b) of Section 15 of the Student
2    Confidential Reporting Act.
3        (nn) (mm) Proprietary information submitted to the
4    Environmental Protection Agency under the Drug Take-Back
5    Act.
6        (oo) (mm) Records described in subsection (f) of
7    Section 3-5-1 of the Unified Code of Corrections.
8        (pp) Information obtained by a certified local health
9    department under the Access to Public Health Data Act.
10    (1.5) Any information exempt from disclosure under the
11Judicial Privacy Act shall be redacted from public records
12prior to disclosure under this Act.
13    (2) A public record that is not in the possession of a
14public body but is in the possession of a party with whom the
15agency has contracted to perform a governmental function on
16behalf of the public body, and that directly relates to the
17governmental function and is not otherwise exempt under this
18Act, shall be considered a public record of the public body,
19for purposes of this Act.
20    (3) This Section does not authorize withholding of
21information or limit the availability of records to the
22public, except as stated in this Section or otherwise provided
23in this Act.
24(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
25101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
266-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,

 

 

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1eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
2102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
36-10-22; revised 12-13-22.)
 
4    Section 905. The Vital Records Act is amended by changing
5Section 24 as follows:
 
6    (410 ILCS 535/24)  (from Ch. 111 1/2, par. 73-24)
7    Sec. 24. (1) To protect the integrity of vital records, to
8insure their proper use, and to insure the efficient and
9proper administration of the vital records system, access to
10vital records, and indexes thereof, including vital records in
11the custody of local registrars and county clerks originating
12prior to January 1, 1916, is limited to the custodian and his
13employees, and then only for administrative purposes, except
14that the indexes of those records in the custody of local
15registrars and county clerks, originating prior to January 1,
161916, shall be made available to persons for the purpose of
17genealogical research. Original, photographic or
18microphotographic reproductions of original records of births
19100 years old and older and deaths 50 years old and older, and
20marriage records 75 years old and older on file in the State
21Office of Vital Records and in the custody of the county clerks
22may be made available for inspection in the Illinois State
23Archives reference area, Illinois Regional Archives
24Depositories, and other libraries approved by the Illinois

 

 

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1State Registrar and the Director of the Illinois State
2Archives, provided that the photographic or microphotographic
3copies are made at no cost to the county or to the State of
4Illinois. It is unlawful for any custodian to permit
5inspection of, or to disclose information contained in, vital
6records, or to copy or permit to be copied, all or part of any
7such record except as authorized by this Act or regulations
8adopted pursuant thereto.
9    (2) The State Registrar of Vital Records, or his agent,
10and any municipal, county, multi-county, public health
11district, or regional health officer recognized by the
12Department may examine vital records for the purpose only of
13carrying out the public health programs and responsibilities
14under his jurisdiction.
15    (3) The State Registrar of Vital Records, may disclose, or
16authorize the disclosure of, data contained in the vital
17records when deemed essential for bona fide research purposes
18which are not for private gain.
19    This amendatory Act of 1973 does not apply to any home rule
20unit.
21    (4) The State Registrar shall exchange with the Department
22of Healthcare and Family Services information that may be
23necessary for the establishment of paternity and the
24establishment, modification, and enforcement of child support
25orders entered pursuant to the Illinois Public Aid Code, the
26Illinois Marriage and Dissolution of Marriage Act, the

 

 

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1Non-Support of Spouse and Children Act, the Non-Support
2Punishment Act, the Revised Uniform Reciprocal Enforcement of
3Support Act, the Uniform Interstate Family Support Act, the
4Illinois Parentage Act of 1984, or the Illinois Parentage Act
5of 2015. Notwithstanding any provisions in this Act to the
6contrary, the State Registrar shall not be liable to any
7person for any disclosure of information to the Department of
8Healthcare and Family Services (formerly Illinois Department
9of Public Aid) under this subsection or for any other action
10taken in good faith to comply with the requirements of this
11subsection.
12    (5) No rule adopted by the Department shall be construed,
13either explicitly or implicitly, as restricting access to
14vital records by any municipality, county, multicounty, public
15health district, or regional health officer recognized by the
16Department for the purposes described in subsections (2) and
17(3).
18(Source: P.A. 99-85, eff. 1-1-16.)
 
19    Section 995. No acceleration or delay. Where this Act
20makes changes in a statute that is represented in this Act by
21text that is not yet or no longer in effect (for example, a
22Section represented by multiple versions), the use of that
23text does not accelerate or delay the taking effect of (i) the
24changes made by this Act or (ii) provisions derived from any
25other Public Act.
 

 

 

HB2039 Enrolled- 39 -LRB103 04768 CPF 49777 b

1    Section 999. Effective date. This Act takes effect January
21, 2024.