Full Text of HB5152 96th General Assembly
HB5152ham001 96TH GENERAL ASSEMBLY
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Disability Services Committee
Filed: 3/10/2010
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LRB096 19040 JDS 38431 a |
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| AMENDMENT TO HOUSE BILL 5152
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| AMENDMENT NO. ______. Amend House Bill 5152 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as Brian's | 5 |
| Law. | 6 |
| Section 5. Legislative Findings. | 7 |
| (a) As a result of decades of significant under-funding of | 8 |
| Illinois' developmental disabilities and mental health service | 9 |
| delivery system, the quality of life of individuals with | 10 |
| disabilities has been negatively impacted and, in an | 11 |
| unacceptable number of instances, has resulted in serious | 12 |
| health consequences and even death. | 13 |
| (b) In response to growing concern over the safety of the | 14 |
| State-operated developmental disability facilities, following | 15 |
| a series of resident deaths, the agency designated by the | 16 |
| Governor pursuant to the Protection and Advocacy for |
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| Developmentally Disabled Persons Act (hereinafter the P & A | 2 |
| agency) opened a systematic investigation to examine all such | 3 |
| deaths for a period of time, including the death of a young man | 4 |
| in his twenties, Brian Kent, at Ann M. Kiley Center in | 5 |
| Waukegan, Illinois on October 30, 2002 and released a public | 6 |
| report, "Life and Death in State-Operated Developmental | 7 |
| Disability Institutions," which included findings and | 8 |
| recommendations aimed at preventing such tragedies in the | 9 |
| future. | 10 |
| (c) The documentation of substandard medical care and | 11 |
| treatment of individual residents living in the State-operated | 12 |
| facilities cited in that report necessitate that the State of | 13 |
| Illinois take immediate action to prevent further injuries and | 14 |
| deaths. | 15 |
| (d) The P & A agency has also reviewed conditions and | 16 |
| deaths of individuals with disabilities living in or | 17 |
| transferred to community-based facilities and found similar | 18 |
| problems in some of those settings. | 19 |
| (e) The circumstances associated with deaths in both | 20 |
| State-operated facilities and community-based facilities, and | 21 |
| review of the State's investigations and findings regarding | 22 |
| these incidents, demonstrate that the current federal and state | 23 |
| oversight and investigatory systems are seriously under-funded | 24 |
| and are also not performing adequately at this time. | 25 |
| (f) An effective mortality review process enables state | 26 |
| service systems to focus on individual deaths and consider the |
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| broader issues, policies, and practices that may contribute to | 2 |
| these tragedies. This critical information, when shared with | 3 |
| public and private facilities, can help to reduce circumstances | 4 |
| that place individuals at high risk of serious harm and even | 5 |
| death. | 6 |
| (g) The purpose of this Act is to establish within the | 7 |
| Department of Human Services a low-cost, volunteer-based | 8 |
| mortality review process conducted by an independent team of | 9 |
| experts that will enhance the health and safety of the | 10 |
| individuals served by Illinois' developmental disability and | 11 |
| mental health service delivery systems. | 12 |
| (h) This independent team of experts will be comparable to | 13 |
| 2 existing types of oversight teams: the Abuse Prevention | 14 |
| Review Team created under the jurisdiction of the Department of | 15 |
| Public Health to examine the deaths of individuals living in | 16 |
| long-term care facilities, and Child Death Review Teams created | 17 |
| under the jurisdiction of the Department of Children and Family | 18 |
| Services to review the deaths of children. | 19 |
| Section 10. Mortality Review Process. | 20 |
| (a) The Department of Human Services shall develop an | 21 |
| independent team of experts from the private sector to examine | 22 |
| all deaths at State-operated developmental disability and | 23 |
| mental health facilities and community-based developmental | 24 |
| disability and mental health facilities licensed by or under | 25 |
| the jurisdiction of the Department of Human Services. |
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| (b) The Secretary of Human Services, in consultation with | 2 |
| the Director of Public Health, shall appoint members to the | 3 |
| independent team of experts, which shall consist of at least | 4 |
| one member from each of the following categories: | 5 |
| 1. Physicians experienced in providing medical care to | 6 |
| individuals with developmental disabilities. | 7 |
| 2. Physicians experienced in providing medical care to | 8 |
| individuals with mental illness. | 9 |
| 3. Representatives of the Department of Human Services | 10 |
| who are not employed at the facility at which the death | 11 |
| occurred. | 12 |
| 4. Representatives of the Department of Public Health. | 13 |
| 5. State's Attorneys or State's Attorneys' | 14 |
| representatives. | 15 |
| 6. Representatives of local law enforcement agencies. | 16 |
| 7. Representatives of the Illinois Attorney General. | 17 |
| 8. Psychologists or psychiatrists. | 18 |
| 9. Representatives of local health departments. | 19 |
| 10. Representatives of a social service or health care | 20 |
| agency that provides services to persons with | 21 |
| developmental disabilities and whose accreditation to | 22 |
| provide such services is recognized by the Division of | 23 |
| Developmental Disabilities within the Department of Human | 24 |
| Services. | 25 |
| 11. Representatives of a social service or health care | 26 |
| agency that provides services to persons with mental |
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| illness and whose accreditation to provide such services is | 2 |
| recognized by the Division of Mental Health within the | 3 |
| Department of Human Services. | 4 |
| 12. Representatives of an advocacy organization for | 5 |
| persons with developmental disabilities. | 6 |
| 13. Representatives of an advocacy organization for | 7 |
| persons with mental illness. | 8 |
| 14. Coroners or forensic pathologists. | 9 |
| 15. Representatives of local hospitals, trauma | 10 |
| centers, or providers of emergency medical services. | 11 |
| 16. Representatives of the P & A agency. | 12 |
| The Secretary of Human Services shall appoint additional | 13 |
| teams if the Secretary or the existing team determines that | 14 |
| more teams are necessary to accomplish the purposes of this | 15 |
| Act. The members of a team shall be appointed for 2-year | 16 |
| staggered terms and shall be eligible for reappointment upon | 17 |
| the expiration of their terms. Each independent team shall | 18 |
| select a Chairperson from among its members. | 19 |
| (c) The independent team of experts shall examine the | 20 |
| deaths of all individuals who have died while under the care of | 21 |
| a State-operated developmental disability or mental health | 22 |
| facility or a community-based developmental disability or | 23 |
| mental health facility licensed by or under the jurisdiction of | 24 |
| the Department of Human Services. | 25 |
| (d) The purpose of the independent team of experts' | 26 |
| examination of such deaths is to do the following: |
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| 1. Assist in determining the cause and manner of the | 2 |
| individual's death, when requested. | 3 |
| 2. Review all actions taken by the facility, State | 4 |
| agencies, or other entities to address the cause or causes | 5 |
| of death and the adequacy of medical care and treatment. | 6 |
| 3. Evaluate the means, if any, by which the death might | 7 |
| have been prevented. | 8 |
| 4. Report its findings to the Secretary of Human | 9 |
| Services and make recommendations that may help to reduce | 10 |
| the number of unnecessary deaths. | 11 |
| 5. Promote continuing education for professionals | 12 |
| involved in investigating and preventing the unnecessary | 13 |
| deaths of individuals under the care of a State-operated | 14 |
| developmental disability or mental health facility or a | 15 |
| community-based developmental disability or mental health | 16 |
| facility licensed by or under the jurisdiction of the | 17 |
| Department of Human Services. | 18 |
| 6. Make specific recommendations to the Secretary of | 19 |
| Human Services concerning the prevention of unnecessary | 20 |
| deaths of individuals under the care of these facilities, | 21 |
| including changes in policies and practices that will | 22 |
| prevent harm to individuals with disabilities, and the | 23 |
| establishment of protocols for investigating the deaths of | 24 |
| these individuals. | 25 |
| (e) The independent team of experts must examine the cases | 26 |
| submitted to it on a quarterly basis. The team shall meet at |
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| least once in each calendar quarter if there are cases to be | 2 |
| examined. The Department of Human Services shall forward cases | 3 |
| within 90 days after completion of a review or an investigation | 4 |
| into the death of an individual residing at a State-operated | 5 |
| mental health or developmental disability facility or a | 6 |
| community-based mental health or developmental disability | 7 |
| facility licensed by or under the jurisdiction of the | 8 |
| Department of Human Services. | 9 |
| (f) Within 90 days after receiving recommendations made by | 10 |
| the independent team of experts under subsection (d) of this | 11 |
| Section, the Secretary of Human Services must review those | 12 |
| recommendations, as feasible and appropriate, and shall | 13 |
| respond to the team in writing to explain the implementation of | 14 |
| those recommendations. | 15 |
| (g) In any instance in which the independent team does not | 16 |
| operate in accordance with established protocol, the Secretary | 17 |
| of Human Services shall take any necessary actions to bring the | 18 |
| team into compliance with the protocol. | 19 |
| Section 15. Independent team of experts' access to | 20 |
| information. | 21 |
| (a) The Secretary of Human Services shall provide to the | 22 |
| independent team of experts, on the request of the team | 23 |
| Chairperson, all records and information in the Department's | 24 |
| possession that are relevant to the team's examination of a | 25 |
| death of the sort described in subsection (c) of Section 10, |
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| including records and information concerning previous reports | 2 |
| or investigations of any matter, as determined by the team. | 3 |
| (b) The independent team shall have access to all records | 4 |
| and information that are relevant to its review of a death and | 5 |
| in the possession of a State or local governmental agency. | 6 |
| These records and information shall include, without | 7 |
| limitation, death certificates, all relevant medical and | 8 |
| mental health records, records of law enforcement agency | 9 |
| investigations, records of coroner or medical examiner | 10 |
| investigations, records of the Department of Corrections | 11 |
| concerning a person's parole, records of a probation and court | 12 |
| services department, and records of a social services agency | 13 |
| that provided services to the person who died. | 14 |
| Section 20. Public access to and confidentiality of | 15 |
| information. | 16 |
| (a) Meetings of the independent team of experts shall be | 17 |
| closed to the public. | 18 |
| (b) Records and information provided to the independent | 19 |
| team of experts are confidential. Nothing contained in this | 20 |
| subsection (b) prevents the sharing or disclosure of records, | 21 |
| other than those produced by the independent team, relating or | 22 |
| pertaining to the death of an individual. | 23 |
| (c) Members of the independent team of experts are not | 24 |
| subject to examination, in any civil or criminal proceeding, | 25 |
| concerning information presented to members of the team or |
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| opinions formed by members of the team based on that | 2 |
| information. A person may, however, be examined concerning | 3 |
| information provided to the team that is otherwise available to | 4 |
| the public. | 5 |
| (d) Records and information produced by the team are not | 6 |
| subject to discovery or subpoena and are not admissible as | 7 |
| evidence in any civil or criminal proceeding. Those records and | 8 |
| information are, however, subject to discovery or a subpoena, | 9 |
| and are admissible as evidence to the extent they are otherwise | 10 |
| available to the public. | 11 |
| Section 25. Indemnification. The State shall indemnify and | 12 |
| hold harmless members of the independent team for all their | 13 |
| acts, omissions, decisions, or other conduct arising out of the | 14 |
| scope of their service on the team, except those involving | 15 |
| willful or wanton misconduct. The method of providing | 16 |
| indemnification shall be as provided in the State Employee | 17 |
| Indemnification Act. | 18 |
| Section 30. Department's annual report. The Department of | 19 |
| Human Services shall include in its annual report to the | 20 |
| General Assembly a report of the activities of the independent | 21 |
| team of experts, the results of the team's findings, categories | 22 |
| of members of the team as provided in Section 10 of this Act | 23 |
| which are currently vacant, recommendations made by the team to | 24 |
| the Governor, State agencies, or other entities, and, as |
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| applicable, either (i) the implementation of the | 2 |
| recommendations or (ii) the reasons the recommendations were | 3 |
| not implemented. | 4 |
| Section 35. Rights information. The Department of Human | 5 |
| Services shall include in its annual report to the General | 6 |
| Assembly a report of the activities of the independent team of | 7 |
| experts, the results of the team's findings, categories of | 8 |
| members of the team as provided in Section 10 of this Act which | 9 |
| are currently vacant, recommendations made by the team to the | 10 |
| Governor, State agencies, or other entities, and, as | 11 |
| applicable, either (i) the implementations of the | 12 |
| recommendations or (ii) the reasons the recommendations were | 13 |
| not implemented. | 14 |
| Section 90. The Open Meetings Act is amended by changing | 15 |
| Section 2 as follows:
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| (5 ILCS 120/2) (from Ch. 102, par. 42)
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| Sec. 2. Open meetings.
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| (a) Openness required. All meetings of public
bodies shall | 19 |
| be open to the public unless excepted in subsection (c)
and | 20 |
| closed in accordance with Section 2a.
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| (b) Construction of exceptions. The exceptions contained | 22 |
| in subsection
(c) are in derogation of the requirement that | 23 |
| public bodies
meet in the open, and therefore, the exceptions |
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| are to be strictly
construed, extending only to subjects | 2 |
| clearly within their scope.
The exceptions authorize but do not | 3 |
| require the holding of
a closed meeting to discuss a subject | 4 |
| included within an enumerated exception.
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| (c) Exceptions. A public body may hold closed meetings to | 6 |
| consider the
following subjects:
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| (1) The appointment, employment, compensation, | 8 |
| discipline, performance,
or dismissal of specific | 9 |
| employees of the public body or legal counsel for
the | 10 |
| public body, including hearing
testimony on a complaint | 11 |
| lodged against an employee of the public body or
against | 12 |
| legal counsel for the public body to determine its | 13 |
| validity.
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| (2) Collective negotiating matters between the public | 15 |
| body and its
employees or their representatives, or | 16 |
| deliberations concerning salary
schedules for one or more | 17 |
| classes of employees.
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| (3) The selection of a person to fill a public office,
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| as defined in this Act, including a vacancy in a public | 20 |
| office, when the public
body is given power to appoint | 21 |
| under law or ordinance, or the discipline,
performance or | 22 |
| removal of the occupant of a public office, when the public | 23 |
| body
is given power to remove the occupant under law or | 24 |
| ordinance.
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| (4) Evidence or testimony presented in open hearing, or | 26 |
| in closed
hearing where specifically authorized by law, to
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| a quasi-adjudicative body, as defined in this Act, provided | 2 |
| that the body
prepares and makes available for public | 3 |
| inspection a written decision
setting forth its | 4 |
| determinative reasoning.
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| (5) The purchase or lease of real property for the use | 6 |
| of
the public body, including meetings held for the purpose | 7 |
| of discussing
whether a particular parcel should be | 8 |
| acquired.
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| (6) The setting of a price for sale or lease of | 10 |
| property owned
by the public body.
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| (7) The sale or purchase of securities, investments, or | 12 |
| investment
contracts.
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| (8) Security procedures and the use of personnel and
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| equipment to respond to an actual, a threatened, or a | 15 |
| reasonably
potential danger to the safety of employees, | 16 |
| students, staff, the public, or
public
property.
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| (9) Student disciplinary cases.
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| (10) The placement of individual students in special | 19 |
| education
programs and other matters relating to | 20 |
| individual students.
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| (11) Litigation, when an action against, affecting or | 22 |
| on behalf of the
particular public body has been filed and | 23 |
| is pending before a court or
administrative tribunal, or | 24 |
| when the public body finds that an action is
probable or | 25 |
| imminent, in which case the basis for the finding shall be
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| recorded and entered into the minutes of the closed |
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| meeting.
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| (12) The establishment of reserves or settlement of | 3 |
| claims as provided
in the Local Governmental and | 4 |
| Governmental Employees Tort Immunity Act, if
otherwise the | 5 |
| disposition of a claim or potential claim might be
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| prejudiced, or the review or discussion of claims, loss or | 7 |
| risk management
information, records, data, advice or | 8 |
| communications from or with respect
to any insurer of the | 9 |
| public body or any intergovernmental risk management
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| association or self insurance pool of which the public body | 11 |
| is a member.
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| (13) Conciliation of complaints of discrimination in | 13 |
| the sale or rental
of housing, when closed meetings are | 14 |
| authorized by the law or ordinance
prescribing fair housing | 15 |
| practices and creating a commission or
administrative | 16 |
| agency for their enforcement.
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| (14) Informant sources, the hiring or assignment of | 18 |
| undercover personnel
or equipment, or ongoing, prior or | 19 |
| future criminal investigations, when
discussed by a public | 20 |
| body with criminal investigatory responsibilities.
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| (15) Professional ethics or performance when | 22 |
| considered by an advisory
body appointed to advise a | 23 |
| licensing or regulatory agency on matters
germane to the | 24 |
| advisory body's field of competence.
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| (16) Self evaluation, practices and procedures or | 26 |
| professional ethics,
when meeting with a representative of |
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| a statewide association of which the
public body is a | 2 |
| member.
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| (17) The recruitment, credentialing, discipline or | 4 |
| formal peer review
of physicians or other
health care | 5 |
| professionals for a hospital, or
other institution | 6 |
| providing medical care, that is operated by the public | 7 |
| body.
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| (18) Deliberations for decisions of the Prisoner | 9 |
| Review Board.
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| (19) Review or discussion of applications received | 11 |
| under the
Experimental Organ Transplantation Procedures | 12 |
| Act.
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| (20) The classification and discussion of matters | 14 |
| classified as
confidential or continued confidential by | 15 |
| the State Government Suggestion Award
Board.
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| (21) Discussion of minutes of meetings lawfully closed | 17 |
| under this Act,
whether for purposes of approval by the | 18 |
| body of the minutes or semi-annual
review of the minutes as | 19 |
| mandated by Section 2.06.
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| (22) Deliberations for decisions of the State
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| Emergency Medical Services Disciplinary
Review Board.
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| (23) The operation by a municipality of a municipal | 23 |
| utility or the
operation of a
municipal power agency or | 24 |
| municipal natural gas agency when the
discussion involves | 25 |
| (i) contracts relating to the
purchase, sale, or delivery | 26 |
| of electricity or natural gas or (ii) the results
or |
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| conclusions of load forecast studies.
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| (24) Meetings of a residential health care facility | 3 |
| resident sexual
assault and death review
team or
the | 4 |
| Executive
Council under the Abuse Prevention Review
Team | 5 |
| Act.
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| (25) Meetings of an independent team of experts under | 7 |
| Brian's Law. | 8 |
| (d) Definitions. For purposes of this Section:
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| "Employee" means a person employed by a public body whose | 10 |
| relationship
with the public body constitutes an | 11 |
| employer-employee relationship under
the usual common law | 12 |
| rules, and who is not an independent contractor.
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| "Public office" means a position created by or under the
| 14 |
| Constitution or laws of this State, the occupant of which is | 15 |
| charged with
the exercise of some portion of the sovereign | 16 |
| power of this State. The term
"public office" shall include | 17 |
| members of the public body, but it shall not
include | 18 |
| organizational positions filled by members thereof, whether
| 19 |
| established by law or by a public body itself, that exist to | 20 |
| assist the
body in the conduct of its business.
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| "Quasi-adjudicative body" means an administrative body | 22 |
| charged by law or
ordinance with the responsibility to conduct | 23 |
| hearings, receive evidence or
testimony and make | 24 |
| determinations based
thereon, but does not include
local | 25 |
| electoral boards when such bodies are considering petition | 26 |
| challenges.
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| (e) Final action. No final action may be taken at a closed | 2 |
| meeting.
Final action shall be preceded by a public recital of | 3 |
| the nature of the
matter being considered and other information | 4 |
| that will inform the
public of the business being conducted.
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| (Source: P.A. 94-931, eff. 6-26-06; 95-185, eff. 1-1-08.)
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| Section 95. The Freedom of Information Act is amended by | 7 |
| changing Section 7.5 as follows: | 8 |
| (5 ILCS 140/7.5) | 9 |
| Sec. 7.5. Statutory Exemptions. To the extent provided for | 10 |
| by the statutes referenced below, the following shall be exempt | 11 |
| from inspection and copying: | 12 |
| (a) All information determined to be confidential under | 13 |
| Section 4002 of the Technology Advancement and Development Act. | 14 |
| (b) Library circulation and order records identifying | 15 |
| library users with specific materials under the Library Records | 16 |
| Confidentiality Act. | 17 |
| (c) Applications, related documents, and medical records | 18 |
| received by the Experimental Organ Transplantation Procedures | 19 |
| Board and any and all documents or other records prepared by | 20 |
| the Experimental Organ Transplantation Procedures Board or its | 21 |
| staff relating to applications it has received. | 22 |
| (d) Information and records held by the Department of | 23 |
| Public Health and its authorized representatives relating to | 24 |
| known or suspected cases of sexually transmissible disease or |
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| any information the disclosure of which is restricted under the | 2 |
| Illinois Sexually Transmissible Disease Control Act. | 3 |
| (e) Information the disclosure of which is exempted under | 4 |
| Section 30 of the Radon Industry Licensing Act. | 5 |
| (f) Firm performance evaluations under Section 55 of the | 6 |
| Architectural, Engineering, and Land Surveying Qualifications | 7 |
| Based Selection Act. | 8 |
| (g) Information the disclosure of which is restricted and | 9 |
| exempted under Section 50 of the Illinois Prepaid Tuition Act. | 10 |
| (h) Information the disclosure of which is exempted under | 11 |
| the State Officials and Employees Ethics Act, and records of | 12 |
| any lawfully created State or local inspector general's office | 13 |
| that would be exempt if created or obtained by an Executive | 14 |
| Inspector General's office under that Act. | 15 |
| (i) Information contained in a local emergency energy plan | 16 |
| submitted to a municipality in accordance with a local | 17 |
| emergency energy plan ordinance that is adopted under Section | 18 |
| 11-21.5-5 of the Illinois Municipal Code. | 19 |
| (j) Information and data concerning the distribution of | 20 |
| surcharge moneys collected and remitted by wireless carriers | 21 |
| under the Wireless Emergency Telephone Safety Act. | 22 |
| (k) Law enforcement officer identification information or | 23 |
| driver identification information compiled by a law | 24 |
| enforcement agency or the Department of Transportation under | 25 |
| Section 11-212 of the Illinois Vehicle Code. | 26 |
| (l) Records and information provided to a residential |
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| health care facility resident sexual assault and death review | 2 |
| team or the Executive Council under the Abuse Prevention Review | 3 |
| Team Act. | 4 |
| (m) Information provided to the predatory lending database | 5 |
| created pursuant to Article 3 of the Residential Real Property | 6 |
| Disclosure Act, except to the extent authorized under that | 7 |
| Article. | 8 |
| (n) Defense budgets and petitions for certification of | 9 |
| compensation and expenses for court appointed trial counsel as | 10 |
| provided under Sections 10 and 15 of the Capital Crimes | 11 |
| Litigation Act. This subsection (n) shall apply until the | 12 |
| conclusion of the trial of the case, even if the prosecution | 13 |
| chooses not to pursue the death penalty prior to trial or | 14 |
| sentencing. | 15 |
| (o) Information that is prohibited from being disclosed | 16 |
| under Section 4 of the Illinois Health and Hazardous Substances | 17 |
| Registry Act. | 18 |
| (p) Security portions of system safety program plans, | 19 |
| investigation reports, surveys, schedules, lists, data, or | 20 |
| information compiled, collected, or prepared by or for the | 21 |
| Regional Transportation Authority under Section 2.11 of the | 22 |
| Regional Transportation Authority Act or the St. Clair County | 23 |
| Transit District under the Bi-State Transit Safety Act. | 24 |
| (q) Information prohibited from being disclosed by the | 25 |
| Personnel Records Review Act. | 26 |
| (r) Information prohibited from being disclosed by the |
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| Illinois School Student Records Act. | 2 |
| (s) Information the disclosure of which is restricted under | 3 |
| Section 5-108 of the Public Utilities Act.
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| (t) Records and information provided to an independent team | 5 |
| of experts under Brian's Law. | 6 |
| (Source: P.A. 96-542, eff. 1-1-10.) | 7 |
| (405 ILCS 5/5-100A rep.) | 8 |
| Section 98. The Mental Health and Developmental | 9 |
| Disabilities Code is amended by repealing Section 5-100A.".
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