Rep. Jack D. Franks
Filed: 5/24/2016
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1 | AMENDMENT TO SENATE BILL 2701
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2 | AMENDMENT NO. ______. Amend Senate Bill 2701 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 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 |
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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 |
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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) Records and information provided to a residential | ||||||
13 | health care facility resident sexual assault and death | ||||||
14 | review team or the Executive Council under the Abuse | ||||||
15 | 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. |
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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.
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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 |
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1 | meaning as in the Health Insurance Portability and | ||||||
2 | Accountability and Portability Act of 1996, Public Law | ||||||
3 | 104-191, or any subsequent amendments thereto, and any | ||||||
4 | regulations promulgated thereunder. | ||||||
5 | (u) Records and information provided to an independent | ||||||
6 | 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 |
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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) (bb) Recordings made under the Law Enforcement | ||||||
14 | Officer-Worn Body Camera Act, except to the extent | ||||||
15 | authorized under that Act. | ||||||
16 | (dd) Time sheets submitted pursuant to subsection (b) | ||||||
17 | of Section 7-137.2 of the Illinois Pension Code. | ||||||
18 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
19 | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | ||||||
20 | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||||||
21 | revised 10-14-15.) | ||||||
22 | Section 10. The Illinois Pension Code is amended by | ||||||
23 | changing Section 7-137 and by adding Section 7-137.2 as | ||||||
24 | follows:
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1 | (40 ILCS 5/7-137) (from Ch. 108 1/2, par. 7-137)
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2 | Sec. 7-137. Participating and covered employees.
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3 | (a) The persons described in this paragraph (a) shall be | ||||||
4 | included within
and be subject to this Article and eligible to | ||||||
5 | benefits from this fund,
beginning upon the dates hereinafter | ||||||
6 | specified:
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7 | 1. Except as to the employees specifically excluded | ||||||
8 | under the
provisions of this Article, all persons who are | ||||||
9 | employees of any
municipality (or instrumentality thereof) | ||||||
10 | or participating
instrumentality on the effective date of | ||||||
11 | participation of the
municipality or participating | ||||||
12 | instrumentality beginning upon such
effective date.
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13 | 2. Except as to the employees specifically excluded | ||||||
14 | under the
provisions of this Article, all persons, who | ||||||
15 | became employees of any
participating municipality (or | ||||||
16 | instrumentality thereof) or participating
instrumentality | ||||||
17 | after the effective date of participation of such
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18 | municipality or participating instrumentality, beginning | ||||||
19 | upon the date
such person becomes an employee.
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20 | 3. All persons who file notice with the board as | ||||||
21 | provided in
paragraph (b) 2 and 3 of this Section, | ||||||
22 | beginning upon the date of filing
such notice.
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23 | (b) The following described persons shall not be considered
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24 | participating employees eligible for benefits from this fund, | ||||||
25 | but shall
be included within and be subject to this Article | ||||||
26 | (each of the
descriptions is not exclusive but is cumulative):
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1 | 1. Any person who occupies an office or is employed in | ||||||
2 | a position
normally requiring performance of duty during | ||||||
3 | less than 600 hours a year
for a municipality (including | ||||||
4 | all instrumentalities thereof) or a
participating | ||||||
5 | instrumentality. If a school treasurer performs services
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6 | for more than one school district, the total number of | ||||||
7 | hours of service
normally required for the several school | ||||||
8 | districts shall be considered
to determine whether he | ||||||
9 | qualifies under this paragraph;
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10 | 2. Except as provided in items 2.5 and 2.6, any Any | ||||||
11 | person who holds elective office unless he has elected | ||||||
12 | while
in that office in a written notice on file with the | ||||||
13 | board to become a
participating employee;
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14 | 2.5. Except as provided in item 2.6, any person who | ||||||
15 | holds elective office as a member of a county board, | ||||||
16 | unless: | ||||||
17 | (i) the person was first elected as a member of a | ||||||
18 | county board before the effective date of this | ||||||
19 | amendatory Act of the 99th General Assembly; | ||||||
20 | (ii) the person has elected while in that office, | ||||||
21 | in a written notice on file with the board, to become a | ||||||
22 | participating employee; | ||||||
23 | (iii) the county board has filed the resolution | ||||||
24 | required by subsection (a) of Section 7-137.2 of this | ||||||
25 | Article; and | ||||||
26 | (iv) the person has submitted the required time |
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1 | sheets evidencing that the person has met the hourly | ||||||
2 | standard as required by subsection (b) of Section | ||||||
3 | 7-137.2 of this Article; | ||||||
4 | 2.6. Any person who is an elected member of a county
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5 | board and is first so elected on or after the effective
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6 | date of this amendatory Act of the 99th General Assembly;
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7 | 3. Any person working for a city hospital unless any | ||||||
8 | such person,
while in active employment, has elected in a | ||||||
9 | written notice on file with
the board to become a | ||||||
10 | participating employee and notification thereof is
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11 | received by the board;
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12 | 4. Any person who becomes an employee after June 30, | ||||||
13 | 1979 as a public
service employment program participant | ||||||
14 | under the federal Comprehensive
Employment and Training | ||||||
15 | Act and whose wages or fringe benefits are paid in
whole or | ||||||
16 | in part by funds provided under such Act;
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17 | 5. Any person who is actively employed by a | ||||||
18 | municipality on its effective date of participation in the | ||||||
19 | Fund if that municipality (i) has at least 35 employees on | ||||||
20 | its effective date of participation; (ii) is located in a | ||||||
21 | county with at least 2,000,000 inhabitants; and (iii) | ||||||
22 | maintains an independent defined benefit pension plan for | ||||||
23 | the benefit of its eligible employees, unless the person | ||||||
24 | files with the board within 90 days after the | ||||||
25 | municipality's effective date of participation an | ||||||
26 | irrevocable election to participate.
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1 | (c) Any person electing to be a participating employee, | ||||||
2 | pursuant to
paragraph (b) of this Section may not change such | ||||||
3 | election,
except as provided in Section 7-137.1.
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4 | (d) Any employee who occupied the position of school nurse | ||||||
5 | in any
participating municipality on August 8, 1961 and | ||||||
6 | continuously thereafter
until the effective date of the | ||||||
7 | exercise of the option authorized by
this subparagraph, who on | ||||||
8 | August 7, 1961 was a member of the Teachers'
Retirement System | ||||||
9 | of Illinois, by virtue of certification by the
Department of | ||||||
10 | Registration and Education as a public health nurse, may
elect | ||||||
11 | to terminate participation in this Fund in order to | ||||||
12 | re-establish
membership in such System. The election may be | ||||||
13 | exercised by filing
written notice thereof with the Board or | ||||||
14 | with the Board of Trustees of
said Teachers' Retirement System, | ||||||
15 | not later than September 30, 1963, and
shall be effective on | ||||||
16 | the first day of the calendar month next following
the month in | ||||||
17 | which the notice was filed. If the written notice is filed
with | ||||||
18 | such Teachers' Retirement System, that System shall | ||||||
19 | immediately
notify this Fund, but neither failure nor delay in | ||||||
20 | notification shall
affect the validity of the employee's | ||||||
21 | election. If the option is
exercised, the Fund shall notify | ||||||
22 | such Teachers' Retirement System of
such fact and transfer to | ||||||
23 | that system the amounts contributed by the
employee to this | ||||||
24 | Fund, including interest at 3% per annum, but excluding
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25 | contributions applicable to social security coverage during | ||||||
26 | the period
beginning August 8, 1961 to the effective date of |
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1 | the employee's
election. Participation in this Fund as to any | ||||||
2 | credits on or after
August 8, 1961 and up to the effective date | ||||||
3 | of the employee's election
shall terminate on such effective | ||||||
4 | date.
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5 | (e) Any participating municipality or participating | ||||||
6 | instrumentality,
other than a school district or special | ||||||
7 | education joint agreement created
under Section 10-22.31 of the | ||||||
8 | School Code, may, by a resolution or
ordinance duly adopted by | ||||||
9 | its governing body, elect to exclude from
participation and | ||||||
10 | eligibility for benefits all persons who are employed
after the | ||||||
11 | effective date of such resolution or ordinance and who occupy | ||||||
12 | an
office or are employed in a position normally requiring | ||||||
13 | performance of duty
for less than 1000 hours per year for the | ||||||
14 | participating municipality
(including all instrumentalities | ||||||
15 | thereof) or participating instrumentality
except for persons | ||||||
16 | employed in a position normally requiring performance of
duty | ||||||
17 | for 600 hours or more per year (i) by such participating | ||||||
18 | municipality
or participating instrumentality prior to the | ||||||
19 | effective date of the
resolution or ordinance and (ii) by a
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20 | participating municipality or participating instrumentality, | ||||||
21 | which had not
adopted such a resolution when the person was | ||||||
22 | employed, and the function
served by the employee's position is | ||||||
23 | assumed by another participating
municipality or participating | ||||||
24 | instrumentality. Notwithstanding
the foregoing, a | ||||||
25 | participating municipality or participating
instrumentality | ||||||
26 | which is formed solely to succeed to the functions of a
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1 | participating municipality or participating instrumentality | ||||||
2 | shall be
considered to have adopted any such resolution or | ||||||
3 | ordinance which may have
been applicable to the employees | ||||||
4 | performing such functions. The election
made by the resolution | ||||||
5 | or ordinance shall take effect at the time specified
in the | ||||||
6 | resolution or ordinance, and once effective shall be | ||||||
7 | irrevocable.
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8 | (Source: P.A. 96-1140, eff. 7-21-10; 97-328, eff. 8-12-11; | ||||||
9 | 97-609, eff. 1-1-12.)
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10 | (40 ILCS 5/7-137.2 new) | ||||||
11 | Sec. 7-137.2. Participation by elected members of county | ||||||
12 | boards. | ||||||
13 | (a) An elected member of a county board is not eligible to | ||||||
14 | participate in the Fund with respect to that position unless | ||||||
15 | the county board has adopted a resolution, after public debate | ||||||
16 | and in a form acceptable to the Fund, certifying that persons | ||||||
17 | in the position of elected member of the county board are | ||||||
18 | expected to work at least 600 hours annually (or 1000 hours | ||||||
19 | annually in a county that has adopted a resolution pursuant to | ||||||
20 | subsection (e) of Section 7-137 of this Code). The resolution | ||||||
21 | must be adopted and filed with the Fund no more than 90 days | ||||||
22 | after each general election in which a member of the county | ||||||
23 | board is elected. | ||||||
24 | (b) An elected member of a county board that participates | ||||||
25 | in the Fund with respect to that position shall monthly submit, |
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1 | to the county fiscal officer, time sheets documenting the time | ||||||
2 | spent on official government business as an elected member of | ||||||
3 | the county board. The time sheets shall be (1) submitted on | ||||||
4 | paper or electronically, or both, and (2) maintained by the | ||||||
5 | county board for 5 years. An elected member of a county board | ||||||
6 | who fails to submit time sheets or fails to conduct official | ||||||
7 | government business with respect to that position for either | ||||||
8 | 600 hours or 1000 hours (whichever is applicable) annually | ||||||
9 | shall not be permitted to continue participation in the Fund as | ||||||
10 | an elected member of a county board. The Fund may request that | ||||||
11 | the governing body certify that an elected member of a county | ||||||
12 | board is permitted to continue participation with respect to | ||||||
13 | that position. Time sheets submitted pursuant to this | ||||||
14 | subsection are exempt from disclosure under the Freedom of | ||||||
15 | Information Act.
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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