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1 AN ACT in relation to health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Abuse Prevention Review Team Act.
6 Section 5. State policy. The following statements are
7 the policy of this State:
8 (1) Every nursing home resident is entitled to live
9 in safety and decency and to receive competent and
10 respectful care that meets the requirements of State and
11 federal law.
12 (2) Responding to sexual assaults on nursing home
13 residents and to unnecessary nursing home resident deaths
14 is a State and a community responsibility.
15 (3) When a nursing home resident is sexually
16 assaulted or dies unnecessarily, the response by the
17 State and the community to the assault or death must
18 include an accurate and complete determination of the
19 cause of the assault or death and the development and
20 implementation of measures to prevent future assaults or
21 deaths from similar causes. The response may include
22 court action, including prosecution of persons who may be
23 responsible for the assault or death and proceedings to
24 protect other residents of the facility where the
25 resident lived, and disciplinary action against persons
26 who failed to meet their professional responsibilities to
27 the resident.
28 (4) Professionals from disparate disciplines and
29 agencies who have responsibilities for nursing home
30 residents and expertise that can promote resident safety
31 and well-being should share their expertise and knowledge
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1 so that the goals of determining the causes of sexual
2 assaults and unnecessary resident deaths, planning and
3 providing services to surviving residents, and preventing
4 future assaults and unnecessary deaths can be achieved.
5 (5) A greater understanding of the incidence and
6 causes of sexual assaults against nursing home residents
7 and unnecessary nursing home resident deaths is necessary
8 if the State is to prevent future assaults and
9 unnecessary deaths.
10 (6) Multi-disciplinary and multi-agency reviews of
11 sexual assaults against nursing home residents and
12 unnecessary nursing home resident deaths can assist the
13 State and counties in (i) investigating resident sexual
14 assaults and deaths, (ii) developing a greater
15 understanding of the incidence and causes of resident
16 sexual assault and deaths and the methods for preventing
17 those assaults and deaths, and (iii) identifying gaps in
18 services to nursing home residents.
19 (7) Access to information regarding assaulted and
20 deceased nursing home residents by multi-disciplinary and
21 multi-agency nursing home resident sexual assault and
22 death review teams is necessary for those teams to
23 achieve their purposes and duties.
24 Section 10. Definitions. As used in this Act, unless the
25 context requires otherwise:
26 "Department" means the Department of Public Health.
27 "Director" means the Director of Public Health.
28 "Executive Council" means the Illinois Residential Health
29 Care Facility Resident Sexual Assault and Death Review Teams
30 Executive Council.
31 "Resident" means a person residing in and receiving
32 personal care from a facility licensed under the Nursing Home
33 Care Act.
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1 "Review team" means a residential health care facility
2 resident sexual assault and death review team appointed under
3 this Act.
4 Section 15. Residential health care facility resident
5 sexual assault and death review teams; establishment.
6 (a) The Director, in consultation with the Executive
7 Council and with law enforcement agencies and other
8 professionals who work in the field of investigating,
9 treating, or preventing nursing home resident abuse or
10 neglect in each of the Department's administrative regions of
11 the State, shall appoint members to a residential health care
12 facility resident sexual assault and death review team in
13 each such region outside Cook County and to at least one
14 review team in Cook County. The members of a team shall be
15 appointed for 2-year terms and shall be eligible for
16 reappointment upon the expiration of their terms.
17 (b) Each review team shall consist of at least one
18 member from each of the following categories:
19 (1) Geriatrician or other physician knowledgeable
20 about nursing home resident abuse and neglect.
21 (2) Representative of the Department.
22 (3) State's Attorney or State's Attorney's
24 (4) Representative of a local law enforcement
26 (5) Representative of the Illinois Attorney
28 (6) Psychologist or psychiatrist.
29 (7) Representative of a local health department.
30 (8) Representative of a social service or health
31 care agency that provides services to persons with mental
32 illness, in a program whose accreditation to provide such
33 services is recognized by the Office of Mental Health
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1 within the Department of Human Services.
2 (9) Representative of a social service or health
3 care agency that provides services to persons with
4 developmental disabilities, in a program whose
5 accreditation to provide such services is recognized by
6 the Office of Developmental Disabilities within the
7 Department of Human Services.
8 (10) Coroner or forensic pathologist.
9 (11) Representative of the local sub-state
11 (12) Representative of a nursing home resident
12 advocacy organization.
13 (13) Representative of a local hospital, trauma
14 center, or provider of emergency medical services.
15 (14) Representative of an organization that
16 represents nursing homes.
17 Each review team may make recommendations to the Director
18 concerning additional appointments. Each review team member
19 must have demonstrated experience and an interest in
20 investigating, treating, or preventing nursing home resident
21 abuse or neglect.
22 (c) Each review team shall select a chairperson from
23 among its members. The chairperson shall also serve on the
24 Illinois Residential Health Care Facility Sexual Assault and
25 Death Review Teams Executive Council.
26 Section 20. Reviews of nursing home resident sexual
27 assaults and deaths.
28 (a) Every reported case of sexual assault of a nursing
29 home resident that is confirmed shall be reviewed by the
30 review team for the region that has primary case management
32 (b) Every death of a nursing home resident shall be
33 reviewed by the review team for the region that has primary
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1 case management responsibility, if the deceased resident is
2 one of the following:
3 (1) A person whose care the Department found
4 violated federal or State standards in the 6 months
5 preceding the resident's death.
6 (2) A person whose care was the subject of a
7 complaint to the Department in the 30 days preceding the
8 resident's death, or after the resident's death. A review
9 team may, at its discretion, review other sudden,
10 unexpected, or unexplained nursing home resident deaths.
11 (b) A review team's purpose in conducting reviews of
12 resident sexual assaults and deaths is to do the following:
13 (1) Assist in determining the cause and manner of
14 the resident's assault or death, when requested.
15 (2) Evaluate means, if any, by which the assault or
16 death might have been prevented.
17 (3) Report its findings to appropriate agencies and
18 make recommendations that may help to reduce the number
19 of sexual assaults on and unnecessary deaths of nursing
20 home residents.
21 (4) Promote continuing education for professionals
22 involved in investigating, treating, and preventing
23 nursing home resident abuse and neglect as a means of
24 preventing sexual assaults and unnecessary deaths of
25 nursing home residents.
26 (5) Make specific recommendations to the Director
27 concerning the prevention of sexual assaults and
28 unnecessary deaths of nursing home residents and the
29 establishment of protocols for investigating resident
30 sexual assaults and deaths.
31 (c) A review team must review a sexual assault or death
32 as soon as practicable and not later than 90 days following
33 the completion by the Department of the investigation of the
34 assault or death under the Nursing Home Care Act. When there
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1 has been no investigation by the Department, the review team
2 must review a sexual assault or death within 90 days after
3 obtaining the information necessary to complete the review
4 from the coroner, pathologist, medical examiner, or law
5 enforcement agency, depending on the nature of the case. A
6 review team must meet at least once in each calendar quarter.
7 (d) Within 90 days after receiving recommendations made
8 by a review team under item (5) of subsection (b), the
9 Director must review those recommendations and respond to the
10 review team. The Director shall implement recommendations as
11 feasible and appropriate and shall respond to the review team
12 in writing to explain the implementation or nonimplementation
13 of the recommendations.
14 (e) In any instance when a review team does not operate
15 in accordance with established protocol, the Director, in
16 consultation and cooperation with the Executive Council, must
17 take any necessary actions to bring the review team into
18 compliance with the protocol.
19 Section 25. Review team access to information.
20 (a) The Department shall provide to a review team, on
21 the request of the review team chairperson, all records and
22 information in the Department's possession that are relevant
23 to the review team's review of a sexual assault or death,
24 including records and information concerning previous reports
25 or investigations of suspected abuse or neglect.
26 (b) A review team shall have access to all records and
27 information that are relevant to its review of a sexual
28 assault or death and in the possession of a State or local
29 governmental agency. These records and information include,
30 without limitation, death certificates, all relevant medical
31 and mental health records, records of law enforcement agency
32 investigations, records of coroner or medical examiner
33 investigations, records of the Department of Corrections
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1 concerning a person's parole, records of a probation and
2 court services department, and records of a social services
3 agency that provided services to the resident.
4 Section 30. Public access to information.
5 (a) Meetings of the review teams and the Executive
6 Council shall be closed to the public. Meetings of the review
7 teams and the Executive Council are not subject to the Open
8 Meetings Act, as provided in that Act.
9 (b) Records and information provided to a review team
10 and the Executive Council, and records maintained by a review
11 team or the Executive Council, are confidential and not
12 subject to the Freedom of Information Act, as provided in
13 that Act. Nothing contained in this subsection (b) prevents
14 the sharing or disclosure of records, other than those
15 produced by a review team or the Executive Council, relating
16 or pertaining to the sexual assault or death of a resident.
17 (c) Members of a review team and the Executive Council
18 are not subject to examination, in any civil or criminal
19 proceeding, concerning information presented to members of
20 the review team or the Executive Council or opinions formed
21 by members of the review team or the Executive Council based
22 on that information. A person may, however, be examined
23 concerning information provided to a review team or the
24 Executive Council that is otherwise available to the public.
25 (d) Records and information produced by a review team
26 and the Executive Council are not subject to discovery or
27 subpoena and are not admissible as evidence in any civil or
28 criminal proceeding. Those records and information are,
29 however, subject to discovery or a subpoena, and are
30 admissible as evidence, to the extent they are otherwise
31 available to the public.
32 Section 35. Indemnification. The State shall indemnify
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1 and hold harmless members of a review team and the Executive
2 Council for all their acts, omissions, decisions, or other
3 conduct arising out of the scope of their service on the
4 review team or Executive Council, except those involving
5 willful or wanton misconduct. The method of providing
6 indemnification shall be as provided in the State Employee
7 Indemnification Act.
8 Section 40. Executive Council.
9 (a) The Illinois Residential Health Care Facility
10 Resident Sexual Assault and Death Review Teams Executive
11 Council, consisting of the chairperson of each review team
12 established under Section 15, is the coordinating and
13 oversight body for residential health care facility resident
14 sexual assault and death review teams and activities in
15 Illinois. The vice-chairperson of a review team, as
16 designated by the chairperson, may serve as a back-up member
17 or an alternate member of the Executive Council, if the
18 chairperson of the review team is unavailable to serve on the
19 Executive Council. The Director may appoint to the Executive
20 Council any ex-officio members deemed necessary. Persons with
21 expertise needed by the Executive Council may be invited to
22 meetings. The Executive Council must select from its members
23 a chairperson and a vice-chairperson, each to serve a 2-year,
24 renewable term. The Executive Council must meet at least 4
25 times during each calendar year.
26 (b) The Department must provide or arrange for the staff
27 support necessary for the Executive Council to carry out its
29 (c) The Executive Council has, but is not limited to,
30 the following duties:
31 (1) To serve as the voice of review teams in
33 (2) To consult with the Director concerning the
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1 appointment, reappointment, and removal of review team
3 (3) To oversee the review teams in order to ensure
4 that the teams' work is coordinated and in compliance
5 with the statutes and the operating protocol.
6 (4) To ensure that the data, results, findings, and
7 recommendations of the review teams are adequately used
8 to make any necessary changes in the policies,
9 procedures, and statutes in order to protect nursing home
10 residents in a timely manner.
11 (5) To collaborate with the General Assembly, the
12 Department, and others in order to develop any
13 legislation needed to prevent nursing home resident
14 sexual assaults and unnecessary deaths and to protect
15 nursing home residents.
16 (6) To assist in the development of quarterly and
17 annual reports based on the work and the findings of the
18 review teams.
19 (7) To ensure that the review teams' review
20 processes are standardized in order to convey data,
21 findings, and recommendations in a usable format.
22 (8) To serve as a link with other review teams
23 throughout the country and to participate in national
24 review team activities.
25 (9) To develop an annual statewide symposium to
26 update the knowledge and skills of review team members
27 and to promote the exchange of information between review
29 (10) To provide the review teams with the most
30 current information and practices concerning nursing home
31 resident sexual assault and unnecessary death review and
32 related topics.
33 (11) To perform any other functions necessary to
34 enhance the capability of the review teams to reduce and
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1 prevent sexual assaults and unnecessary deaths of nursing
2 home residents.
3 Section 75. Relationship to other Acts. Nothing in this
4 Act is intended to conflict with or duplicate provisions of
5 other Acts or rules implementing other Acts.
6 Section 85. Repeal. This Act is repealed on July 1,
8 Section 90. The Open Meetings Act is amended by changing
9 Section 2 as follows:
10 (5 ILCS 120/2) (from Ch. 102, par. 42)
11 Sec. 2. Open meetings.
12 (a) Openness required. All meetings of public bodies
13 shall be open to the public unless excepted in subsection (c)
14 and closed in accordance with Section 2a.
15 (b) Construction of exceptions. The exceptions
16 contained in subsection (c) are in derogation of the
17 requirement that public bodies meet in the open, and
18 therefore, the exceptions are to be strictly construed,
19 extending only to subjects clearly within their scope. The
20 exceptions authorize but do not require the holding of a
21 closed meeting to discuss a subject included within an
22 enumerated exception.
23 (c) Exceptions. A public body may hold closed meetings
24 to consider the following subjects:
25 (1) The appointment, employment, compensation,
26 discipline, performance, or dismissal of specific
27 employees of the public body, including hearing testimony
28 on a complaint lodged against an employee to determine
29 its validity.
30 (2) Collective negotiating matters between the
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1 public body and its employees or their representatives,
2 or deliberations concerning salary schedules for one or
3 more classes of employees.
4 (3) The selection of a person to fill a public
5 office, as defined in this Act, including a vacancy in a
6 public office, when the public body is given power to
7 appoint under law or ordinance, or the discipline,
8 performance or removal of the occupant of a public
9 office, when the public body is given power to remove the
10 occupant under law or ordinance.
11 (4) Evidence or testimony presented in open
12 hearing, or in closed hearing where specifically
13 authorized by law, to a quasi-adjudicative body, as
14 defined in this Act, provided that the body prepares and
15 makes available for public inspection a written decision
16 setting forth its determinative reasoning.
17 (5) The purchase or lease of real property for the
18 use of the public body, including meetings held for the
19 purpose of discussing whether a particular parcel should
20 be acquired.
21 (6) The setting of a price for sale or lease of
22 property owned by the public body.
23 (7) The sale or purchase of securities,
24 investments, or investment contracts.
25 (8) Security procedures and the use of personnel
26 and equipment to respond to an actual, a threatened, or a
27 reasonably potential danger to the safety of employees,
28 students, staff or public property.
29 (9) Student disciplinary cases.
30 (10) The placement of individual students in
31 special education programs and other matters relating to
32 individual students.
33 (11) Litigation, when an action against, affecting
34 or on behalf of the particular public body has been filed
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1 and is pending before a court or administrative tribunal,
2 or when the public body finds that an action is probable
3 or imminent, in which case the basis for the finding
4 shall be recorded and entered into the minutes of the
5 closed meeting.
6 (12) The establishment of reserves or settlement of
7 claims as provided in the Local Governmental and
8 Governmental Employees Tort Immunity Act, if otherwise
9 the disposition of a claim or potential claim might be
10 prejudiced, or the review or discussion of claims, loss
11 or risk management information, records, data, advice or
12 communications from or with respect to any insurer of the
13 public body or any intergovernmental risk management
14 association or self insurance pool of which the public
15 body is a member.
16 (13) Conciliation of complaints of discrimination
17 in the sale or rental of housing, when closed meetings
18 are authorized by the law or ordinance prescribing fair
19 housing practices and creating a commission or
20 administrative agency for their enforcement.
21 (14) Informant sources, the hiring or assignment of
22 undercover personnel or equipment, or ongoing, prior or
23 future criminal investigations, when discussed by a
24 public body with criminal investigatory responsibilities.
25 (15) Professional ethics or performance when
26 considered by an advisory body appointed to advise a
27 licensing or regulatory agency on matters germane to the
28 advisory body's field of competence.
29 (16) Self evaluation, practices and procedures or
30 professional ethics, when meeting with a representative
31 of a statewide association of which the public body is a
33 (17) The recruitment, credentialing, discipline or
34 formal peer review of physicians or other health care
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1 professionals for a hospital, or other institution
2 providing medical care, that is operated by the public
4 (18) Deliberations for decisions of the Prisoner
5 Review Board.
6 (19) Review or discussion of applications received
7 under the Experimental Organ Transplantation Procedures
9 (20) The classification and discussion of matters
10 classified as confidential or continued confidential by
11 the State Employees Suggestion Award Board.
12 (21) Discussion of minutes of meetings lawfully
13 closed under this Act, whether for purposes of approval
14 by the body of the minutes or semi-annual review of the
15 minutes as mandated by Section 2.06.
16 (22) Deliberations for decisions of the State
17 Emergency Medical Services Disciplinary Review Board.
18 (23) The operation by a municipality of a municipal
19 utility or the operation of a municipal power agency or
20 municipal natural gas agency when the discussion involves
21 (i) contracts relating to the purchase, sale, or delivery
22 of electricity or natural gas or (ii) the results or
23 conclusions of load forecast studies.
24 (24) Meetings of a residential health care facility
25 resident sexual assault and death review team or the
26 Residential Health Care Facility Resident Sexual Assault
27 and Death Review Teams Executive Council under the
28 Residential Health Care Facility Resident Sexual Assault
29 and Death Review Team Act.
30 (d) Definitions. For purposes of this Section:
31 "Employee" means a person employed by a public body whose
32 relationship with the public body constitutes an
33 employer-employee relationship under the usual common law
34 rules, and who is not an independent contractor.
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1 "Public office" means a position created by or under the
2 Constitution or laws of this State, the occupant of which is
3 charged with the exercise of some portion of the sovereign
4 power of this State. The term "public office" shall include
5 members of the public body, but it shall not include
6 organizational positions filled by members thereof, whether
7 established by law or by a public body itself, that exist to
8 assist the body in the conduct of its business.
9 "Quasi-adjudicative body" means an administrative body
10 charged by law or ordinance with the responsibility to
11 conduct hearings, receive evidence or testimony and make
12 determinations based thereon, but does not include local
13 electoral boards when such bodies are considering petition
15 (e) Final action. No final action may be taken at a
16 closed meeting. Final action shall be preceded by a public
17 recital of the nature of the matter being considered and
18 other information that will inform the public of the business
19 being conducted.
20 (Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.)
21 Section 93. The Freedom of Information Act is amended by
22 changing Section 7 as follows:
23 (5 ILCS 140/7) (from Ch. 116, par. 207)
24 Sec. 7. Exemptions.
25 (1) The following shall be exempt from inspection and
27 (a) Information specifically prohibited from
28 disclosure by federal or State law or rules and
29 regulations adopted under federal or State law.
30 (b) Information that, if disclosed, would
31 constitute a clearly unwarranted invasion of personal
32 privacy, unless the disclosure is consented to in writing
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1 by the individual subjects of the information. The
2 disclosure of information that bears on the public duties
3 of public employees and officials shall not be considered
4 an invasion of personal privacy. Information exempted
5 under this subsection (b) shall include but is not
6 limited to:
7 (i) files and personal information maintained
8 with respect to clients, patients, residents,
9 students or other individuals receiving social,
10 medical, educational, vocational, financial,
11 supervisory or custodial care or services directly
12 or indirectly from federal agencies or public
14 (ii) personnel files and personal information
15 maintained with respect to employees, appointees or
16 elected officials of any public body or applicants
17 for those positions;
18 (iii) files and personal information
19 maintained with respect to any applicant, registrant
20 or licensee by any public body cooperating with or
21 engaged in professional or occupational
22 registration, licensure or discipline;
23 (iv) information required of any taxpayer in
24 connection with the assessment or collection of any
25 tax unless disclosure is otherwise required by State
26 statute; and
27 (v) information revealing the identity of
28 persons who file complaints with or provide
29 information to administrative, investigative, law
30 enforcement or penal agencies; provided, however,
31 that identification of witnesses to traffic
32 accidents, traffic accident reports, and rescue
33 reports may be provided by agencies of local
34 government, except in a case for which a criminal
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1 investigation is ongoing, without constituting a
2 clearly unwarranted per se invasion of personal
3 privacy under this subsection.
4 (c) Records compiled by any public body for
5 administrative enforcement proceedings and any law
6 enforcement or correctional agency for law enforcement
7 purposes or for internal matters of a public body, but
8 only to the 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
13 (ii) interfere with pending administrative
14 enforcement proceedings conducted by any public
16 (iii) deprive a person of a fair trial or an
17 impartial hearing;
18 (iv) unavoidably disclose the identity of a
19 confidential source or confidential information
20 furnished only by the confidential source;
21 (v) disclose unique or specialized
22 investigative techniques other than those generally
23 used and known or disclose internal documents of
24 correctional agencies related to detection,
25 observation or investigation of incidents of crime
26 or misconduct;
27 (vi) constitute an invasion of personal
28 privacy under subsection (b) of this Section;
29 (vii) endanger the life or physical safety of
30 law enforcement personnel or any other person; or
31 (viii) obstruct an ongoing criminal
33 (d) Criminal history record information maintained
34 by State or local criminal justice agencies, except the
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1 following which shall be open for public inspection and
3 (i) chronologically maintained arrest
4 information, such as traditional arrest logs or
6 (ii) the name of a person in the custody of a
7 law enforcement agency and the charges for which
8 that person is being held;
9 (iii) court records that are public;
10 (iv) records that are otherwise available
11 under State or local law; or
12 (v) records in which the requesting party is
13 the individual identified, except as provided under
14 part (vii) of paragraph (c) of subsection (1) of
15 this Section.
16 "Criminal history record information" means data
17 identifiable to an individual and consisting of
18 descriptions or notations of arrests, detentions,
19 indictments, informations, pre-trial proceedings, trials,
20 or other formal events in the criminal justice system or
21 descriptions or notations of criminal charges (including
22 criminal violations of local municipal ordinances) and
23 the nature of any disposition arising therefrom,
24 including sentencing, court or correctional supervision,
25 rehabilitation and release. The term does not apply to
26 statistical records and reports in which individuals are
27 not identified and from which their identities are not
28 ascertainable, or to information that is for criminal
29 investigative or intelligence purposes.
30 (e) Records that relate to or affect the security
31 of correctional institutions and detention facilities.
32 (f) Preliminary drafts, notes, recommendations,
33 memoranda and other records in which opinions are
34 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 information are proprietary, privileged
10 or confidential, or where disclosure of the trade secrets
11 or information may cause competitive harm, including all
12 information determined to be confidential under Section
13 4002 of the Technology Advancement and Development Act.
14 Nothing contained in this paragraph (g) shall be
15 construed to prevent a person or business from consenting
16 to disclosure.
17 (h) Proposals and bids for any contract, grant, or
18 agreement, including information which if it were
19 disclosed would frustrate procurement or give an
20 advantage to any person proposing to enter into a
21 contractor agreement with the body, until an award or
22 final selection is made. Information prepared by or for
23 the body in preparation of a bid solicitation shall be
24 exempt until an award or final selection is made.
25 (i) Valuable formulae, computer geographic systems,
26 designs, drawings and research data obtained or produced
27 by any public body when disclosure could reasonably be
28 expected to produce private gain or public loss.
29 (j) Test questions, scoring keys and other
30 examination data used to administer an academic
31 examination or determined the qualifications of an
32 applicant for a license or employment.
33 (k) Architects' plans and engineers' technical
34 submissions for projects not constructed or developed in
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1 whole or in part with public funds and for projects
2 constructed or developed with public funds, to the extent
3 that disclosure would compromise security.
4 (l) Library circulation and order records
5 identifying library users with specific materials.
6 (m) Minutes of meetings of public bodies closed to
7 the public as provided in the Open Meetings Act until the
8 public body makes the minutes available to the public
9 under Section 2.06 of the Open Meetings Act.
10 (n) Communications between a public body and an
11 attorney or auditor representing the public body that
12 would not be subject to discovery in litigation, and
13 materials prepared or compiled by or for a public body in
14 anticipation of a criminal, civil or administrative
15 proceeding upon the request of an attorney advising the
16 public body, and materials prepared or compiled with
17 respect to internal audits of public bodies.
18 (o) Information received by a primary or secondary
19 school, college or university under its procedures for
20 the evaluation of faculty members by their academic
22 (p) Administrative or technical information
23 associated with automated data processing operations,
24 including but not limited to software, operating
25 protocols, computer program abstracts, file layouts,
26 source listings, object modules, load modules, user
27 guides, documentation pertaining to all logical and
28 physical design of computerized systems, employee
29 manuals, and any other information that, if disclosed,
30 would jeopardize the security of the system or its data
31 or the security of materials exempt under this Section.
32 (q) Documents or materials relating to collective
33 negotiating matters between public bodies and their
34 employees or representatives, except that any final
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1 contract or agreement shall be subject to inspection and
3 (r) Drafts, notes, recommendations and memoranda
4 pertaining to the financing and marketing transactions of
5 the public body. The records of ownership, registration,
6 transfer, and exchange of municipal debt obligations, and
7 of persons to whom payment with respect to these
8 obligations is made.
9 (s) 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 Article VII of the Code of Civil Procedure,
15 records, documents and information relating to that
16 parcel shall be exempt except as may be allowed under
17 discovery rules adopted by the Illinois Supreme Court.
18 The records, documents and information relating to a real
19 estate sale shall be exempt until a sale is consummated.
20 (t) 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
25 (u) Information concerning a university's
26 adjudication of student or employee grievance or
27 disciplinary cases, to the extent that disclosure would
28 reveal the identity of the student or employee and
29 information concerning any public body's adjudication of
30 student or employee grievances or disciplinary cases,
31 except for the final outcome of the cases.
32 (v) Course materials or research materials used by
33 faculty members.
34 (w) Information related solely to the internal
SB1543 Enrolled -21- LRB093 10753 DRJ 11634 b
1 personnel rules and practices of a public body.
2 (x) Information contained in or related to
3 examination, operating, or condition reports prepared by,
4 on behalf of, or for the use of a public body responsible
5 for the regulation or supervision of financial
6 institutions or insurance companies, unless disclosure is
7 otherwise required by State law.
8 (y) Information the disclosure of which is
9 restricted under Section 5-108 of the Public Utilities
11 (z) Manuals or instruction to staff that relate to
12 establishment or collection of liability for any State
13 tax or that relate to investigations by a public body to
14 determine violation of any criminal law.
15 (aa) Applications, related documents, and medical
16 records received by the Experimental Organ
17 Transplantation Procedures Board and any and all
18 documents or other records prepared by the Experimental
19 Organ Transplantation Procedures Board or its staff
20 relating to applications it has received.
21 (bb) Insurance or self insurance (including any
22 intergovernmental risk management association or self
23 insurance pool) claims, loss or risk management
24 information, records, data, advice or communications.
25 (cc) Information and records held by the Department
26 of Public Health and its authorized representatives
27 relating to known or suspected cases of sexually
28 transmissible disease or any information the disclosure
29 of which is restricted under the Illinois Sexually
30 Transmissible Disease Control Act.
31 (dd) Information the disclosure of which is
32 exempted under Section 30 of the Radon Industry Licensing
34 (ee) Firm performance evaluations under Section 55
SB1543 Enrolled -22- LRB093 10753 DRJ 11634 b
1 of the Architectural, Engineering, and Land Surveying
2 Qualifications Based Selection Act.
3 (ff) Security portions of system safety program
4 plans, investigation reports, surveys, schedules, lists,
5 data, or information compiled, collected, or prepared by
6 or for the Regional Transportation Authority under
7 Section 2.11 of the Regional Transportation Authority Act
8 or the St. Clair County Transit District under the
9 Bi-State Transit Safety Act.
10 (gg) Information the disclosure of which is
11 restricted and exempted under Section 50 of the Illinois
12 Prepaid Tuition Act.
13 (hh) Information the disclosure of which is
14 exempted under Section 80 of the State Gift Ban Act.
15 (ii) Beginning July 1, 1999, information that would
16 disclose or might lead to the disclosure of secret or
17 confidential information, codes, algorithms, programs, or
18 private keys intended to be used to create electronic or
19 digital signatures under the Electronic Commerce Security
21 (jj) Information contained in a local emergency
22 energy plan submitted to a municipality in accordance
23 with a local emergency energy plan ordinance that is
24 adopted under Section 11-21.5-5 of the Illinois Municipal
26 (kk) Information and data concerning the
27 distribution of surcharge moneys collected and remitted
28 by wireless carriers under the Wireless Emergency
29 Telephone Safety Act.
30 (ll) Records and information provided to a
31 residential health care facility resident sexual assault
32 and death review team or the Residential Health Care
33 Facility Resident Sexual Assault and Death Review Teams
34 Executive Council under the Residential Health Care
SB1543 Enrolled -23- LRB093 10753 DRJ 11634 b
1 Facility Resident Sexual Assault and Death Review Team
3 (2) This Section does not authorize withholding of
4 information or limit the availability of records to the
5 public, except as stated in this Section or otherwise
6 provided in this Act.
7 (Source: P.A. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99;
8 91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff.
9 8-3-01; 92-281, eff. 8-7-01; 92-645, eff. 7-11-02; 92-651,
10 eff. 7-11-02.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.