Full Text of SB2454 102nd General Assembly
SB2454enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 9 | | exempt 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 | 17 | | records received by the Experimental Organ Transplantation | 18 | | Procedures Board and any and all documents or other | 19 | | records prepared by the Experimental Organ Transplantation | 20 | | Procedures Board or its staff relating to applications it | 21 | | has received. | 22 | | (d) Information and records held by the Department of | 23 | | Public Health and its authorized representatives relating |
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| 1 | | to known or suspected cases of sexually transmissible | 2 | | disease or any information the disclosure of which is | 3 | | restricted under the Illinois Sexually Transmissible | 4 | | Disease Control Act. | 5 | | (e) Information the disclosure of which is exempted | 6 | | under Section 30 of the Radon Industry Licensing Act. | 7 | | (f) Firm performance evaluations under Section 55 of | 8 | | the Architectural, Engineering, and Land Surveying | 9 | | Qualifications Based Selection Act. | 10 | | (g) Information the disclosure of which is restricted | 11 | | and exempted under Section 50 of the Illinois Prepaid | 12 | | Tuition Act. | 13 | | (h) Information the disclosure of which is exempted | 14 | | under the State Officials and Employees Ethics Act, and | 15 | | records of any lawfully created State or local inspector | 16 | | general's office that would be exempt if created or | 17 | | obtained by an Executive Inspector General's office under | 18 | | that Act. | 19 | | (i) Information contained in a local emergency energy | 20 | | plan submitted to a municipality in accordance with a | 21 | | local emergency energy plan ordinance that is adopted | 22 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 23 | | (j) Information and data concerning the distribution | 24 | | of surcharge moneys collected and remitted by carriers | 25 | | under the Emergency Telephone System Act. | 26 | | (k) Law enforcement officer identification information |
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| 1 | | or driver identification information compiled by a law | 2 | | enforcement agency or the Department of Transportation | 3 | | under Section 11-212 of the Illinois Vehicle Code. | 4 | | (l) Records and information provided to a residential | 5 | | health care facility resident sexual assault and death | 6 | | review team or the Executive Council under the Abuse | 7 | | Prevention Review Team Act. | 8 | | (m) Information provided to the predatory lending | 9 | | database created pursuant to Article 3 of the Residential | 10 | | Real Property Disclosure Act, except to the extent | 11 | | authorized under that Article. | 12 | | (n) Defense budgets and petitions for certification of | 13 | | compensation and expenses for court appointed trial | 14 | | counsel as provided under Sections 10 and 15 of the | 15 | | Capital Crimes Litigation Act. This subsection (n) shall | 16 | | apply until the conclusion of the trial of the case, even | 17 | | if the prosecution chooses not to pursue the death penalty | 18 | | prior to trial or sentencing. | 19 | | (o) Information that is prohibited from being | 20 | | disclosed under Section 4 of the Illinois Health and | 21 | | Hazardous Substances Registry Act. | 22 | | (p) Security portions of system safety program plans, | 23 | | investigation reports, surveys, schedules, lists, data, or | 24 | | information compiled, collected, or prepared by or for the | 25 | | Department of Transportation under Sections 2705-300 and | 26 | | 2705-616 of the Department of Transportation Law of the |
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| 1 | | Civil Administrative Code of Illinois, the Regional | 2 | | Transportation Authority under Section 2.11 of the | 3 | | Regional Transportation Authority Act , or the St. Clair | 4 | | County Transit District under the Bi-State Transit Safety | 5 | | Act. | 6 | | (q) Information prohibited from being disclosed by the | 7 | | Personnel Record Review Act. | 8 | | (r) Information prohibited from being disclosed by the | 9 | | Illinois School Student Records Act. | 10 | | (s) Information the disclosure of which is restricted | 11 | | under Section 5-108 of the Public Utilities Act.
| 12 | | (t) All identified or deidentified health information | 13 | | in the form of health data or medical records contained | 14 | | in, stored in, submitted to, transferred by, or released | 15 | | from the Illinois Health Information Exchange, and | 16 | | identified or deidentified health information in the form | 17 | | of health data and medical records of the Illinois Health | 18 | | Information Exchange in the possession of the Illinois | 19 | | Health Information Exchange Office due to its | 20 | | administration of the Illinois Health Information | 21 | | Exchange. The terms "identified" and "deidentified" shall | 22 | | be given the same meaning as in the Health Insurance | 23 | | Portability and Accountability Act of 1996, Public Law | 24 | | 104-191, or any subsequent amendments thereto, and any | 25 | | regulations promulgated thereunder. | 26 | | (u) Records and information provided to an independent |
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| 1 | | team of experts under the Developmental Disability and | 2 | | Mental Health Safety Act (also known as Brian's Law). | 3 | | (v) Names and information of people who have applied | 4 | | for or received Firearm Owner's Identification Cards under | 5 | | the Firearm Owners Identification Card Act or applied for | 6 | | or received a concealed carry license under the Firearm | 7 | | Concealed Carry Act, unless otherwise authorized by the | 8 | | Firearm Concealed Carry Act; and databases under the | 9 | | Firearm Concealed Carry Act, records of the Concealed | 10 | | Carry Licensing Review Board under the Firearm Concealed | 11 | | Carry Act, and law enforcement agency objections under the | 12 | | Firearm Concealed Carry Act. | 13 | | (w) Personally identifiable information which is | 14 | | exempted from disclosure under subsection (g) of Section | 15 | | 19.1 of the Toll Highway Act. | 16 | | (x) Information which is exempted from disclosure | 17 | | under Section 5-1014.3 of the Counties Code or Section | 18 | | 8-11-21 of the Illinois Municipal Code. | 19 | | (y) Confidential information under the Adult | 20 | | Protective Services Act and its predecessor enabling | 21 | | statute, the Elder Abuse and Neglect Act, including | 22 | | information about the identity and administrative finding | 23 | | against any caregiver of a verified and substantiated | 24 | | decision of abuse, neglect, or financial exploitation of | 25 | | an eligible adult maintained in the Registry established | 26 | | under Section 7.5 of the Adult Protective Services Act. |
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| 1 | | (z) Records and information provided to a fatality | 2 | | review team or the Illinois Fatality Review Team Advisory | 3 | | Council under Section 15 of the Adult Protective Services | 4 | | Act. | 5 | | (aa) Information which is exempted from disclosure | 6 | | under Section 2.37 of the Wildlife Code. | 7 | | (bb) Information which is or was prohibited from | 8 | | disclosure by the Juvenile Court Act of 1987. | 9 | | (cc) Recordings made under the Law Enforcement | 10 | | Officer-Worn Body Camera Act, except to the extent | 11 | | authorized under that Act. | 12 | | (dd) Information that is prohibited from being | 13 | | disclosed under Section 45 of the Condominium and Common | 14 | | Interest Community Ombudsperson Act. | 15 | | (ee) Information that is exempted from disclosure | 16 | | under Section 30.1 of the Pharmacy Practice Act. | 17 | | (ff) Information that is exempted from disclosure | 18 | | under the Revised Uniform Unclaimed Property Act. | 19 | | (gg) Information that is prohibited from being | 20 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 21 | | Code. | 22 | | (hh) Records that are exempt from disclosure under | 23 | | Section 1A-16.7 of the Election Code. | 24 | | (ii) Information which is exempted from disclosure | 25 | | under Section 2505-800 of the Department of Revenue Law of | 26 | | the Civil Administrative Code of Illinois. |
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| 1 | | (jj) Information and reports that are required to be | 2 | | submitted to the Department of Labor by registering day | 3 | | and temporary labor service agencies but are exempt from | 4 | | disclosure under subsection (a-1) of Section 45 of the Day | 5 | | and Temporary Labor Services Act. | 6 | | (kk) Information prohibited from disclosure under the | 7 | | Seizure and Forfeiture Reporting Act. | 8 | | (ll) Information the disclosure of which is restricted | 9 | | and exempted under Section 5-30.8 of the Illinois Public | 10 | | Aid Code. | 11 | | (mm) Records that are exempt from disclosure under | 12 | | Section 4.2 of the Crime Victims Compensation Act. | 13 | | (nn) Information that is exempt from disclosure under | 14 | | Section 70 of the Higher Education Student Assistance Act. | 15 | | (oo) Communications, notes, records, and reports | 16 | | arising out of a peer support counseling session | 17 | | prohibited from disclosure under the First Responders | 18 | | Suicide Prevention Act. | 19 | | (pp) Names and all identifying information relating to | 20 | | an employee of an emergency services provider or law | 21 | | enforcement agency under the First Responders Suicide | 22 | | Prevention Act. | 23 | | (qq) Information and records held by the Department of | 24 | | Public Health and its authorized representatives collected | 25 | | under the Reproductive Health Act. | 26 | | (rr) Information that is exempt from disclosure under |
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| 1 | | the Cannabis Regulation and Tax Act. | 2 | | (ss) Data reported by an employer to the Department of | 3 | | Human Rights pursuant to Section 2-108 of the Illinois | 4 | | Human Rights Act. | 5 | | (tt) Recordings made under the Children's Advocacy | 6 | | Center Act, except to the extent authorized under that | 7 | | Act. | 8 | | (uu) Information that is exempt from disclosure under | 9 | | Section 50 of the Sexual Assault Evidence Submission Act. | 10 | | (vv) Information that is exempt from disclosure under | 11 | | subsections (f) and (j) of Section 5-36 of the Illinois | 12 | | Public Aid Code. | 13 | | (ww) Information that is exempt from disclosure under | 14 | | Section 16.8 of the State Treasurer Act. | 15 | | (xx) Information that is exempt from disclosure or | 16 | | information that shall not be made public under the | 17 | | Illinois Insurance Code. | 18 | | (yy) Information prohibited from being disclosed under | 19 | | the Illinois Educational Labor Relations Act. | 20 | | (zz) Information prohibited from being disclosed under | 21 | | the Illinois Public Labor Relations Act. | 22 | | (aaa) Information prohibited from being disclosed | 23 | | under Section 1-167 of the Illinois Pension Code. | 24 | | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 25 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 26 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, |
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| 1 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | 2 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | 3 | | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | 4 | | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | 5 | | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | 6 | | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | 7 | | eff. 7-7-20.) | 8 | | Section 10. The Department of Transportation Law of the
| 9 | | Civil Administrative Code of Illinois is amended by changing | 10 | | Section 2705-300 and by adding Section 2705-616 as follows:
| 11 | | (20 ILCS 2705/2705-300) (was 20 ILCS 2705/49.18)
| 12 | | Sec. 2705-300. Powers concerning mass transportation. The | 13 | | Department has the power to do the following:
| 14 | | (1) Advise and assist the Governor and the General | 15 | | Assembly in
formulating (i) a mass transportation policy | 16 | | for the State,
(ii)
proposals designed to help meet and | 17 | | resolve special problems of mass
transportation within the | 18 | | State, and (iii) programs of
assistance for the
| 19 | | comprehensive planning, development, and administration of | 20 | | mass
transportation facilities and services.
| 21 | | (2) Appear and participate in proceedings before any | 22 | | federal,
State, or local regulatory agency involving or | 23 | | affecting mass
transportation in the State.
| 24 | | (3) Study mass transportation problems and provide |
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| 1 | | technical
assistance to units of local government.
| 2 | | (4) Encourage experimentation in developing new mass
| 3 | | transportation facilities and services.
| 4 | | (5) Recommend policies, programs, and actions designed | 5 | | to improve
utilization of mass transportation services.
| 6 | | (6) Cooperate with mass transit districts and systems, | 7 | | local
governments, and other State agencies in meeting | 8 | | those problems of air,
noise, and water pollution | 9 | | associated with transportation.
| 10 | | (7) Participate fully in a statewide effort to improve | 11 | | transport
safety , including, as the designated State | 12 | | agency responsible for overseeing the safety and security | 13 | | of rail fixed guideway public transportation systems in | 14 | | compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330: .
| 15 | | (A) developing, adopting, and implementing a | 16 | | system safety program standard and procedures meeting | 17 | | the compliance requirements of 49 U.S.C. 5329 and 49 | 18 | | U.S.C. 5330, as now or hereafter amended, for the | 19 | | safety and security of rail fixed guideway public | 20 | | transportation systems within the State; and | 21 | | (B) establishing procedures in accordance with 49 | 22 | | U.S.C. 5329 and 49 U.S.C. 5330 to review, approve, | 23 | | oversee, investigate, audit, and enforce all other | 24 | | necessary and incidental functions related to the | 25 | | effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or | 26 | | other federal law, pertaining to public transportation |
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| 1 | | oversight. The Department may contract for the | 2 | | services of a qualified consultant to comply with this | 3 | | subsection. | 4 | | The security portion of the system safety program, | 5 | | investigation reports, surveys, schedules, lists, or data | 6 | | compiled, collected, or prepared by or for the Department | 7 | | under this subsection shall not be subject to discovery or | 8 | | admitted into evidence in federal or State court or | 9 | | considered for other purposes in any civil action for | 10 | | damages arising from any matter mentioned or addressed in | 11 | | such reports, surveys, schedules, lists, data, or | 12 | | information. Except for willful or wanton conduct, neither | 13 | | the Department nor its employees, nor the Regional | 14 | | Transportation Authority, nor the St. Clair County Transit | 15 | | District, nor any mass transit district nor service board | 16 | | subject to this Section, nor their respective directors, | 17 | | officers, or employees, shall be held liable in any civil | 18 | | action for any injury to or death of any person or loss of | 19 | | or damage to property for any act, omission, or failure to | 20 | | act under this Section or 49 U.S.C. 5329 or 49 U.S.C. 5330 | 21 | | as now or hereafter amended. | 22 | | (8) Conduct by contract or otherwise technical | 23 | | studies, and
demonstration and development projects which | 24 | | shall be designed to test
and develop methods for | 25 | | increasing public use of mass transportation and
for | 26 | | providing mass transportation in an efficient, |
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| 1 | | coordinated, and
convenient manner.
| 2 | | (9) Make applications for, receive, and make use of
| 3 | | grants
for mass transportation.
| 4 | | (10) Make grants for mass transportation from the | 5 | | Transportation
Fund pursuant to the standards and | 6 | | procedures of Sections
2705-305 and 2705-310. | 7 | | Nothing in this Section alleviates an individual's duty to | 8 | | comply with the State Officials and Employees Ethics Act.
| 9 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 10 | | (20 ILCS 2705/2705-616 new) | 11 | | Sec. 2705-616. State safety oversight for rail fixed | 12 | | guideway systems. The Department shall develop, adopt, and | 13 | | implement a system safety program standard and establish | 14 | | procedures to comply with 49 U.S.C. 5329 and 49 U.S.C. 5330 as | 15 | | required under paragraph (7) of Section 2705-300 of the | 16 | | Department of Transportation Law of the Civil Administrative | 17 | | Code of Illinois. | 18 | | Section 15. The Metropolitan Transit Authority Act is | 19 | | amended by changing Section 9b and by adding Section 9c as | 20 | | follows:
| 21 | | (70 ILCS 3605/9b) (from Ch. 111 2/3, par. 309b)
| 22 | | Sec. 9b.
The Authority shall comply with the requirements | 23 | | imposed upon a
Service Board in Sections 4.09(d) and 4.11 of |
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| 1 | | the Regional Transportation
Authority Act and with the | 2 | | requirements of subsection (b) of Section 2.11 of
the Regional | 3 | | Transportation Authority Act. The Authority shall present
| 4 | | evidence that it has complied
with Section 27a of this Act to | 5 | | the Regional Transportation Authority.
| 6 | | (Source: P.A. 90-273, eff. 7-30-97.)
| 7 | | (70 ILCS 3605/9c new) | 8 | | Sec. 9c. State safety oversight for rail fixed guideway | 9 | | public transportation systems. The Authority shall comply with | 10 | | the requirements of 49 U.S.C. 5329 and 49 U.S.C. 5330 as | 11 | | required by the Department of Transportation under paragraph | 12 | | (7) of Section 2705-300 of the Department of Transportation | 13 | | Law of the Civil Administrative Code of Illinois. | 14 | | Section 20. The Regional Transportation Authority Act is | 15 | | amended by changing Section 2.11 as follows:
| 16 | | (70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)
| 17 | | Sec. 2.11. Safety.
| 18 | | (a) The Service Boards may establish, enforce and | 19 | | facilitate
achievement and
maintenance of standards of safety | 20 | | against accidents with respect to public
transportation | 21 | | provided by the Service Boards or by transportation
agencies
| 22 | | pursuant to purchase of service agreements with the Service | 23 | | Boards. The
provisions of general or special orders, rules or |
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| 1 | | regulations issued by the
Illinois Commerce Commission | 2 | | pursuant to Section 57 of "An Act concerning
public | 3 | | utilities", approved June 29, 1921, as amended, which pertain | 4 | | to
public transportation and public transportation facilities | 5 | | of railroads
will continue to apply until the Service Board | 6 | | determines
that different
standards are necessary to protect | 7 | | such health and safety.
| 8 | | (b) (Blank). To the extent required by 49 CFR Part 659 as | 9 | | now or hereafter amended,
the Authority shall develop and | 10 | | adopt a system safety program standard for the
safety of rail | 11 | | fixed guideway systems and the personal security of the | 12 | | systems'
passengers and employees and shall establish | 13 | | procedures for safety and security
reviews, investigations, | 14 | | and oversight reporting. The Authority shall require
the | 15 | | applicable Service Boards to comply with the requirements of | 16 | | 49 CFR Part
659 as now or hereafter amended. The Authority may | 17 | | contract for the services
of a qualified consultant to comply | 18 | | with this subsection.
| 19 | | (c) The security portion of the system safety program, | 20 | | investigation
reports, surveys, schedules, lists, or data | 21 | | compiled, collected, or prepared by
or for the Authority under | 22 | | this subsection, shall not be subject to discovery
or admitted | 23 | | into evidence in federal or State court or considered for | 24 | | other
purposes in any civil action for damages arising from | 25 | | any matter mentioned or
addressed in such reports, surveys, | 26 | | schedules, lists, data, or information.
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| 1 | | (d) Neither the Authority nor its directors, officers, or | 2 | | employees nor any
Service Board subject to this Section nor | 3 | | its directors, officers, or employees
shall be held liable in | 4 | | any civil action for any injury to any person or
property for | 5 | | any acts or omissions or failure to act under this Section or
| 6 | | pursuant to 49 CFR Part 659 as now or hereafter amended.
| 7 | | (e) Nothing in this Section alleviates an individual's | 8 | | duty to comply with the State Officials and Employees Ethics | 9 | | Act. | 10 | | (Source: P.A. 90-273, eff. 7-30-97.)
| 11 | | (45 ILCS 111/Act rep.)
| 12 | | Section 25. The Bi-State Transit Safety Act is repealed.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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