Full Text of HB1261 97th General Assembly
HB1261ham006 97TH GENERAL ASSEMBLY | Rep. Keith Farnham Filed: 5/5/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1261
| 2 | | AMENDMENT NO. ______. Amend House Bill 1261, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Freedom of Information Act is amended by | 6 | | changing Section 7 as follows: | 7 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 8 | | Sec. 7. Exemptions.
| 9 | | (1) When a request is made to inspect or copy a public | 10 | | record that contains information that is exempt from disclosure | 11 | | under this Section, but also contains information that is not | 12 | | exempt from disclosure, the public body may elect to redact the | 13 | | information that is exempt. The public body shall make the | 14 | | remaining information available for inspection and copying. | 15 | | Subject to this requirement, the following shall be exempt from | 16 | | inspection and copying:
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| 1 | | (a) Information specifically prohibited from | 2 | | disclosure by federal or
State law or rules and regulations | 3 | | implementing federal or State law.
| 4 | | (b) Private information, unless disclosure is required | 5 | | by another provision of this Act, a State or federal law or | 6 | | a court order. | 7 | | (b-5) Files, documents, and other data or databases | 8 | | maintained by one or more law enforcement agencies and | 9 | | specifically designed to provide information to one or more | 10 | | law enforcement agencies regarding the physical or mental | 11 | | status of one or more individual subjects. | 12 | | (c) Personal information contained within public | 13 | | records, the disclosure of which would constitute a clearly
| 14 | | unwarranted invasion of personal privacy, unless the | 15 | | disclosure is
consented to in writing by the individual | 16 | | subjects of the information. "Unwarranted invasion of | 17 | | personal privacy" means the disclosure of information that | 18 | | is highly personal or objectionable to a reasonable person | 19 | | and in which the subject's right to privacy outweighs any | 20 | | legitimate public interest in obtaining the information. | 21 | | The
disclosure of information that bears on the public | 22 | | duties of public
employees and officials shall not be | 23 | | considered an invasion of personal
privacy.
| 24 | | (d) Records in the possession of any public body | 25 | | created in the course of administrative enforcement
| 26 | | proceedings, and any law enforcement or correctional |
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| 1 | | agency for
law enforcement purposes,
but only to the extent | 2 | | that disclosure would:
| 3 | | (i) interfere with pending or actually and | 4 | | reasonably contemplated
law enforcement proceedings | 5 | | conducted by any law enforcement or correctional
| 6 | | agency that is the recipient of the request;
| 7 | | (ii) interfere with active administrative | 8 | | enforcement proceedings
conducted by the public body | 9 | | that is the recipient of the request;
| 10 | | (iii) create a substantial likelihood that a | 11 | | person will be deprived of a fair trial or an impartial | 12 | | hearing;
| 13 | | (iv) unavoidably disclose the identity of a | 14 | | confidential source, confidential information | 15 | | furnished only by the confidential source, or persons | 16 | | who file complaints with or provide information to | 17 | | administrative, investigative, law enforcement, or | 18 | | penal agencies; except that the identities of | 19 | | witnesses to traffic accidents, traffic accident | 20 | | reports, and rescue reports shall be provided by | 21 | | agencies of local government, except when disclosure | 22 | | would interfere with an active criminal investigation | 23 | | conducted by the agency that is the recipient of the | 24 | | request;
| 25 | | (v) disclose unique or specialized investigative | 26 | | techniques other than
those generally used and known or |
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| 1 | | disclose internal documents of
correctional agencies | 2 | | related to detection, observation or investigation of
| 3 | | incidents of crime or misconduct, and disclosure would | 4 | | result in demonstrable harm to the agency or public | 5 | | body that is the recipient of the request;
| 6 | | (vi) endanger the life or physical safety of law | 7 | | enforcement personnel
or any other person; or
| 8 | | (vii) obstruct an ongoing criminal investigation | 9 | | by the agency that is the recipient of the request.
| 10 | | (e) Records that relate to or affect the security of | 11 | | correctional
institutions and detention facilities.
| 12 | | (f) Preliminary drafts, notes, recommendations, | 13 | | memoranda and other
records in which opinions are | 14 | | expressed, or policies or actions are
formulated, except | 15 | | that a specific record or relevant portion of a
record | 16 | | shall not be exempt when the record is publicly cited
and | 17 | | identified by the head of the public body. The exemption | 18 | | provided in
this paragraph (f) extends to all those records | 19 | | of officers and agencies
of the General Assembly that | 20 | | pertain to the preparation of legislative
documents.
| 21 | | (g) Trade secrets and commercial or financial | 22 | | information obtained from
a person or business where the | 23 | | trade secrets or commercial or financial information are | 24 | | furnished under a claim that they are
proprietary, | 25 | | privileged or confidential, and that disclosure of the | 26 | | trade
secrets or commercial or financial information would |
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| 1 | | cause competitive harm to the person or business, and only | 2 | | insofar as the claim directly applies to the records | 3 | | requested. | 4 | | The information included under this exemption includes | 5 | | all trade secrets and commercial or financial information | 6 | | obtained by a public body, including a public pension fund, | 7 | | from a private equity fund or a privately held company | 8 | | within the investment portfolio of a private equity fund as | 9 | | a result of either investing or evaluating a potential | 10 | | investment of public funds in a private equity fund. The | 11 | | exemption contained in this item does not apply to the | 12 | | aggregate financial performance information of a private | 13 | | equity fund, nor to the identity of the fund's managers or | 14 | | general partners. The exemption contained in this item does | 15 | | not apply to the identity of a privately held company | 16 | | within the investment portfolio of a private equity fund, | 17 | | unless the disclosure of the identity of a privately held | 18 | | company may cause competitive harm. | 19 | | Nothing contained in this
paragraph (g) shall be | 20 | | construed to prevent a person or business from
consenting | 21 | | to disclosure.
| 22 | | (h) Proposals and bids for any contract, grant, or | 23 | | agreement, including
information which if it were | 24 | | disclosed would frustrate procurement or give
an advantage | 25 | | to any person proposing to enter into a contractor | 26 | | agreement
with the body, until an award or final selection |
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| 1 | | is made. Information
prepared by or for the body in | 2 | | preparation of a bid solicitation shall be
exempt until an | 3 | | award or final selection is made.
| 4 | | (i) Valuable formulae,
computer geographic systems,
| 5 | | designs, drawings and research data obtained or
produced by | 6 | | any public body when disclosure could reasonably be | 7 | | expected to
produce private gain or public loss.
The | 8 | | exemption for "computer geographic systems" provided in | 9 | | this paragraph
(i) does not extend to requests made by news | 10 | | media as defined in Section 2 of
this Act when the | 11 | | requested information is not otherwise exempt and the only
| 12 | | purpose of the request is to access and disseminate | 13 | | information regarding the
health, safety, welfare, or | 14 | | legal rights of the general public.
| 15 | | (j) The following information pertaining to | 16 | | educational matters: | 17 | | (i) test questions, scoring keys and other | 18 | | examination data used to
administer an academic | 19 | | examination;
| 20 | | (ii) information received by a primary or | 21 | | secondary school, college, or university under its | 22 | | procedures for the evaluation of faculty members by | 23 | | their academic peers; | 24 | | (iii) information concerning a school or | 25 | | university's adjudication of student disciplinary | 26 | | cases, but only to the extent that disclosure would |
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| 1 | | unavoidably reveal the identity of the student; and | 2 | | (iv) course materials or research materials used | 3 | | by faculty members. | 4 | | (k) Architects' plans, engineers' technical | 5 | | submissions, and
other
construction related technical | 6 | | documents for
projects not constructed or developed in | 7 | | whole or in part with public funds
and the same for | 8 | | projects constructed or developed with public funds, | 9 | | including but not limited to power generating and | 10 | | distribution stations and other transmission and | 11 | | distribution facilities, water treatment facilities, | 12 | | airport facilities, sport stadiums, convention centers, | 13 | | and all government owned, operated, or occupied buildings, | 14 | | but
only to the extent
that disclosure would compromise | 15 | | security.
| 16 | | (l) Minutes of meetings of public bodies closed to the
| 17 | | public as provided in the Open Meetings Act until the | 18 | | public body
makes the minutes available to the public under | 19 | | Section 2.06 of the Open
Meetings Act.
| 20 | | (m) Communications between a public body and an | 21 | | attorney or auditor
representing the public body that would | 22 | | not be subject to discovery in
litigation, and materials | 23 | | prepared or compiled by or for a public body in
| 24 | | anticipation of a criminal, civil or administrative | 25 | | proceeding upon the
request of an attorney advising the | 26 | | public body, and materials prepared or
compiled with |
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| 1 | | respect to internal audits of public bodies.
| 2 | | (n) Records relating to a public body's adjudication of | 3 | | employee grievances or disciplinary cases; however, this | 4 | | exemption shall not extend to the final outcome of cases in | 5 | | which discipline is imposed.
| 6 | | (o) Administrative or technical information associated | 7 | | with automated
data processing operations, including but | 8 | | not limited to software,
operating protocols, computer | 9 | | program abstracts, file layouts, source
listings, object | 10 | | modules, load modules, user guides, documentation
| 11 | | pertaining to all logical and physical design of | 12 | | computerized systems,
employee manuals, and any other | 13 | | information that, if disclosed, would
jeopardize the | 14 | | security of the system or its data or the security of
| 15 | | materials exempt under this Section.
| 16 | | (p) Records relating to collective negotiating matters
| 17 | | between public bodies and their employees or | 18 | | representatives, except that
any final contract or | 19 | | agreement shall be subject to inspection and copying.
| 20 | | (q) Test questions, scoring keys, and other | 21 | | examination data used to determine the qualifications of an | 22 | | applicant for a license or employment.
| 23 | | (r) The records, documents, and information relating | 24 | | to real estate
purchase negotiations until those | 25 | | negotiations have been completed or
otherwise terminated. | 26 | | With regard to a parcel involved in a pending or
actually |
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| 1 | | and reasonably contemplated eminent domain proceeding | 2 | | under the Eminent Domain Act, records, documents and
| 3 | | information relating to that parcel shall be exempt except | 4 | | as may be
allowed under discovery rules adopted by the | 5 | | Illinois Supreme Court. The
records, documents and | 6 | | information relating to a real estate sale shall be
exempt | 7 | | until a sale is consummated.
| 8 | | (s) Any and all proprietary information and records | 9 | | related to the
operation of an intergovernmental risk | 10 | | management association or
self-insurance pool or jointly | 11 | | self-administered health and accident
cooperative or pool.
| 12 | | Insurance or self insurance (including any | 13 | | intergovernmental risk management association or self | 14 | | insurance pool) claims, loss or risk management | 15 | | information, records, data, advice or communications.
| 16 | | (t) Information contained in or related to | 17 | | examination, operating, or
condition reports prepared by, | 18 | | on behalf of, or for the use of a public
body responsible | 19 | | for the regulation or supervision of financial
| 20 | | institutions or insurance companies, unless disclosure is | 21 | | otherwise
required by State law.
| 22 | | (u) Information that would disclose
or might lead to | 23 | | the disclosure of
secret or confidential information, | 24 | | codes, algorithms, programs, or private
keys intended to be | 25 | | used to create electronic or digital signatures under the
| 26 | | Electronic Commerce Security Act.
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| 1 | | (v) Vulnerability assessments, security measures, and | 2 | | response policies
or plans that are designed to identify, | 3 | | prevent, or respond to potential
attacks upon a community's | 4 | | population or systems, facilities, or installations,
the | 5 | | destruction or contamination of which would constitute a | 6 | | clear and present
danger to the health or safety of the | 7 | | community, but only to the extent that
disclosure could | 8 | | reasonably be expected to jeopardize the effectiveness of | 9 | | the
measures or the safety of the personnel who implement | 10 | | them or the public.
Information exempt under this item may | 11 | | include such things as details
pertaining to the | 12 | | mobilization or deployment of personnel or equipment, to | 13 | | the
operation of communication systems or protocols, or to | 14 | | tactical operations.
| 15 | | (w) (Blank). | 16 | | (x) Maps and other records regarding the location or | 17 | | security of generation, transmission, distribution, | 18 | | storage, gathering,
treatment, or switching facilities | 19 | | owned by a utility, by a power generator, or by the | 20 | | Illinois Power Agency.
| 21 | | (y) Information contained in or related to proposals, | 22 | | bids, or negotiations related to electric power | 23 | | procurement under Section 1-75 of the Illinois Power Agency | 24 | | Act and Section 16-111.5 of the Public Utilities Act that | 25 | | is determined to be confidential and proprietary by the | 26 | | Illinois Power Agency or by the Illinois Commerce |
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| 1 | | Commission.
| 2 | | (z) Information about students exempted from | 3 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 4 | | School Code, and information about undergraduate students | 5 | | enrolled at an institution of higher education exempted | 6 | | from disclosure under Section 25 of the Illinois Credit | 7 | | Card Marketing Act of 2009. | 8 | | (aa) Information the disclosure of which is
exempted | 9 | | under the Viatical Settlements Act of 2009.
| 10 | | (bb) Records and information provided to a mortality | 11 | | review team and records maintained by a mortality review | 12 | | team appointed under the Department of Juvenile Justice | 13 | | Mortality Review Team Act. | 14 | | (cc) (bb) Information regarding interments, | 15 | | entombments, or inurnments of human remains that are | 16 | | submitted to the Cemetery Oversight Database under the | 17 | | Cemetery Care Act or the Cemetery Oversight Act, whichever | 18 | | is applicable. | 19 | | (dd) Information concerning the rosters of recorded | 20 | | deaths pursuant to subsections (b) and (c) of Section 18.5 | 21 | | of the Vital Records Act. | 22 | | (2) A public record that is not in the possession of a | 23 | | public body but is in the possession of a party with whom the | 24 | | agency has contracted to perform a governmental function on | 25 | | behalf of the public body, and that directly relates to the | 26 | | governmental function and is not otherwise exempt under this |
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| 1 | | Act, shall be considered a public record of the public body, | 2 | | for purposes of this Act. | 3 | | (3) This Section does not authorize withholding of | 4 | | information or limit the
availability of records to the public, | 5 | | except as stated in this Section or
otherwise provided in this | 6 | | Act.
| 7 | | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | 8 | | 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | 9 | | 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | 10 | | 96-736, eff. 7-1-10; 96-863, eff. 3-1-10; 96-1378, eff. | 11 | | 7-29-10; revised 9-2-10.) | 12 | | Section 10. The Property Tax Code is amended by adding | 13 | | Section 15-173 as follows: | 14 | | (35 ILCS 200/15-173 new) | 15 | | Sec. 15-173. Electronic sharing of data with the Department | 16 | | of Public Health. An assessor that administers an exemption | 17 | | program shall enter into an intergovernmental agreement with | 18 | | the Department of Public Health, on a form prepared by the | 19 | | Department, for the electronic sharing of the rosters of such | 20 | | programs with the Department for the sole purpose of the | 21 | | Department comparing the persons on the rosters with persons | 22 | | whose deaths have been recorded in the electronic reporting | 23 | | system to identify apparent matches. The information shall be | 24 | | shared at least annually and the list of apparent matches shall |
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| 1 | | be provided promptly to the county assessor in electronic form. | 2 | | The intergovernmental agreement shall specify adequate | 3 | | technical and procedural safeguards to protect the | 4 | | confidentiality of the information shared, which shall be | 5 | | exempt from requests under the Illinois Freedom of Information | 6 | | Act. | 7 | | Section 15. The Metropolitan Transit Authority Act is | 8 | | amended by adding Section 54 as follows: | 9 | | (70 ILCS 3605/54 new) | 10 | | Sec. 54. Electronic sharing of data with the Department of | 11 | | Public Health. The Board shall enter into an
intergovernmental | 12 | | agreement with the Department of Public Health, on a form | 13 | | prepared by the
Department, for the electronic sharing of data | 14 | | for the sole purpose of comparing persons receiving reduced
or | 15 | | free services with persons whose deaths have been recorded in | 16 | | the electronic reporting
system to identify apparent matches. | 17 | | The information shall be shared monthly or as requested by the
| 18 | | Board, and the list of apparent matches shall be provided | 19 | | promptly in electronic form. The
intergovernmental agreement | 20 | | shall specify adequate technical and procedural safeguards to | 21 | | protect the
confidentiality of the information shared, which | 22 | | shall be exempt from requests under the Illinois Freedom
of | 23 | | Information Act. |
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| 1 | | Section 20. The Local Mass Transit District Act is amended | 2 | | by adding Section 11 as follows: | 3 | | (70 ILCS 3610/11 new) | 4 | | Sec. 11. Electronic sharing of data with the Department of | 5 | | Public Health. The Board of Trustees of any
District shall | 6 | | enter into an intergovernmental agreement with the Department | 7 | | of Public Health, on a form
prepared by the Department, for the | 8 | | electronic sharing of data for the sole purpose of comparing | 9 | | persons
receiving reduced or free services with persons whose | 10 | | deaths have been recorded in the electronic
reporting system to | 11 | | identify apparent matches. The information shall be shared as | 12 | | requested by the
Board, and the list of apparent matches shall | 13 | | be provided promptly in electronic form. The
intergovernmental | 14 | | agreement shall specify adequate technical and procedural | 15 | | safeguards to protect the
confidentiality of the information | 16 | | shared, which shall be exempt from requests under the Illinois | 17 | | Freedom
of information Act. | 18 | | Section 25. The Regional Transportation Authority Act is | 19 | | amended by adding Sections 2.35, 3A.20, and 3B.20 as follows: | 20 | | (70 ILCS 3615/2.35 new) | 21 | | Sec. 2.35. Electronic sharing of data with the Department | 22 | | of Public Health. The Authority may enter into an
| 23 | | intergovernmental agreement with the Department of Public |
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| 1 | | Health, on a form prepared by the
Department, for the | 2 | | electronic sharing of data for the sole purpose of comparing | 3 | | persons eligible for
programs administered by the Authority or | 4 | | a Service Board with persons whose deaths have been
recorded in | 5 | | the electronic reporting system to identify apparent matches. | 6 | | The information shall be shared
as requested by the Authority, | 7 | | and the list of apparent matches shall be provided promptly in | 8 | | electronic
form. The intergovernmental agreement shall specify | 9 | | adequate technical and procedural safeguards to protect the | 10 | | confidentiality of the information shared, which shall be | 11 | | exempt from requests under the Illinois
Freedom of information | 12 | | Act. | 13 | | (70 ILCS 3615/3A.20 new) | 14 | | Sec. 3A.20. Electronic sharing of data with the Department | 15 | | of Public Health. The Board shall enter into an
| 16 | | intergovernmental agreement with the Department of Public | 17 | | Health, on a form prepared by the
Department, for the | 18 | | electronic sharing of data for the sole purpose of comparing | 19 | | persons receiving
reduced or free services with persons whose | 20 | | deaths have been recorded in the electronic reporting
system to | 21 | | identify apparent matches. The information shall be shared | 22 | | monthly or as requested by the
Board, and the list of apparent | 23 | | matches shall be provided promptly in electronic form. The | 24 | | intergovernmental agreement shall specify adequate technical | 25 | | and procedural safeguards to protect the
confidentiality of the |
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| 1 | | information shared, which shall be exempt from requests under | 2 | | the Illinois Freedom
of Information Act. | 3 | | (70 ILCS 3615/3B.20 new) | 4 | | Sec. 3B.20. Electronic sharing of data with the Department | 5 | | of Public Health. The Board shall enter into an | 6 | | intergovernmental agreement with the Department of Public | 7 | | Health, on a form prepared by the Department, for the | 8 | | electronic sharing of data for the sole purpose of comparing | 9 | | persons receiving reduced or free services with persons whose | 10 | | deaths have been recorded in the electronic reporting system to | 11 | | identify apparent matches. The information shall be shared | 12 | | monthly or as requested by the Board, and the list of apparent | 13 | | matches shall be provided promptly in electronic form. The | 14 | | intergovernmental agreement shall specify adequate technical | 15 | | and procedural safeguards to protect the confidentiality of the | 16 | | information shared, which shall be exempt from requests under | 17 | | the Illinois Freedom of Information Act. | 18 | | Section 30. The Vital Records Act is amended by changing | 19 | | Section 18.5 as follows:
| 20 | | (410 ILCS 535/18.5)
| 21 | | Sec. 18.5. Electronic reporting system for death | 22 | | registrations. | 23 | | (a) The State
Registrar
shall facilitate death |
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| 1 | | registration by implementing an electronic reporting
system. | 2 | | The
system may be used to transfer information to individuals | 3 | | and institutions
responsible for
completing and filing | 4 | | certificates and related reports for deaths that occur in
the | 5 | | State.
The system shall be capable of storing and retrieving | 6 | | accurate
and timely
data and statistics for those persons and | 7 | | agencies responsible for vital
records registration
and | 8 | | administration. Upon establishment of such an electronic | 9 | | reporting system, but not later than January 1, 2011, the | 10 | | county clerk in the county in which a death occurred or the | 11 | | county clerk of the county where a decedent last resided, as | 12 | | indicated on the decedent's death certificate, shall be | 13 | | authorized to issue certifications of death records from such | 14 | | system, and the State Registrar shall cause the electronic | 15 | | reporting system to provide for such capability. The Department | 16 | | of Financial and Professional Regulation shall have access to | 17 | | the system to enhance its enforcement of the Cemetery Oversight | 18 | | Act.
| 19 | | (b) Commencing on or before January 1, 2012, upon the | 20 | | request of a governmental mass transit organization that | 21 | | administers a reduced transit fare, no fare, or paratransit | 22 | | program, the Department shall enter into an intergovernmental | 23 | | agreement on a form prepared by the Department for the | 24 | | electronic sharing of the rosters of such programs with the | 25 | | Department for the sole purpose of the Department comparing the | 26 | | persons on the rosters with persons whose deaths have been |
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| 1 | | recorded in the electronic reporting system to identify | 2 | | apparent matches. The information shall be shared monthly or as | 3 | | requested by a mass transit organization, and the list of | 4 | | apparent matches shall be provided promptly to the mass transit | 5 | | organization in electronic form. The intergovernmental | 6 | | agreement shall specify adequate technical and procedural | 7 | | safeguards to protect the confidentiality of the information | 8 | | shared, which shall be exempt from requests under the Illinois | 9 | | Freedom of Information Act. | 10 | | (c) Commencing on or before January 1, 2012, upon the | 11 | | request of a county assessor that administers an exemption | 12 | | program, the Department shall enter into an intergovernmental | 13 | | agreement on a form prepared by the Department for the | 14 | | electronic sharing of the rosters of such programs with the | 15 | | Department for the sole purpose of the Department comparing the | 16 | | persons on the rosters with persons whose deaths have been | 17 | | recorded in the electronic reporting system to identify | 18 | | apparent matches. The information shall be shared at least | 19 | | annually and the list of apparent matches shall be provided | 20 | | promptly to the county assessor in electronic form. The | 21 | | intergovernmental agreement shall specify adequate technical | 22 | | and procedural safeguards to protect the confidentiality of the | 23 | | information shared, which shall be exempt from requests under | 24 | | the Illinois Freedom of Information Act. | 25 | | (Source: P.A. 96-327, eff. 8-11-09; 96-863, eff. 3-1-10.)".
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