Rep. Kelly Burke

Filed: 4/6/2011





09700HB3342ham005LRB097 08287 HEP 53945 a


2    AMENDMENT NO. ______. Amend House Bill 3342 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Freedom of Information Act is amended by
5changing Sections 7.5 as follows:
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory Exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10    (a) All information determined to be confidential under
11Section 4002 of the Technology Advancement and Development Act.
12    (b) Library circulation and order records identifying
13library users with specific materials under the Library Records
14Confidentiality Act.
15    (c) Applications, related documents, and medical records
16received by the Experimental Organ Transplantation Procedures



09700HB3342ham005- 2 -LRB097 08287 HEP 53945 a

1Board and any and all documents or other records prepared by
2the Experimental Organ Transplantation Procedures Board or its
3staff relating to applications it has received.
4    (d) Information and records held by the Department of
5Public Health and its authorized representatives relating to
6known or suspected cases of sexually transmissible disease or
7any information the disclosure of which is restricted under the
8Illinois Sexually Transmissible Disease Control Act.
9    (e) Information the disclosure of which is exempted under
10Section 30 of the Radon Industry Licensing Act.
11    (f) Firm performance evaluations under Section 55 of the
12Architectural, Engineering, and Land Surveying Qualifications
13Based Selection Act.
14    (g) Information the disclosure of which is restricted and
15exempted under Section 50 of the Illinois Prepaid Tuition Act.
16    (h) Information the disclosure of which is exempted under
17the State Officials and Employees Ethics Act, and records of
18any lawfully created State or local inspector general's office
19that would be exempt if created or obtained by an Executive
20Inspector General's office under that Act.
21    (i) Information contained in a local emergency energy plan
22submitted to a municipality in accordance with a local
23emergency energy plan ordinance that is adopted under Section
2411-21.5-5 of the Illinois Municipal Code.
25    (j) Information and data concerning the distribution of
26surcharge moneys collected and remitted by wireless carriers



09700HB3342ham005- 3 -LRB097 08287 HEP 53945 a

1under the Wireless Emergency Telephone Safety Act.
2    (k) Law enforcement officer identification information or
3driver identification information compiled by a law
4enforcement agency or the Department of Transportation under
5Section 11-212 of the Illinois Vehicle Code.
6    (l) Records and information provided to a residential
7health care facility resident sexual assault and death review
8team or the Executive Council under the Abuse Prevention Review
9Team Act.
10    (m) Information provided to the predatory lending database
11created pursuant to Article 3 of the Residential Real Property
12Disclosure Act, except to the extent authorized under that
14    (n) Defense budgets and petitions for certification of
15compensation and expenses for court appointed trial counsel as
16provided under Sections 10 and 15 of the Capital Crimes
17Litigation Act. This subsection (n) shall apply until the
18conclusion of the trial of the case, even if the prosecution
19chooses not to pursue the death penalty prior to trial or
21    (o) Information that is prohibited from being disclosed
22under Section 4 of the Illinois Health and Hazardous Substances
23Registry Act.
24    (p) Security portions of system safety program plans,
25investigation reports, surveys, schedules, lists, data, or
26information compiled, collected, or prepared by or for the



09700HB3342ham005- 4 -LRB097 08287 HEP 53945 a

1Regional Transportation Authority under Section 2.11 of the
2Regional Transportation Authority Act or the St. Clair County
3Transit District under the Bi-State Transit Safety Act.
4    (q) Information prohibited from being disclosed by the
5Personnel Records Review Act.
6    (r) Information prohibited from being disclosed by the
7Illinois School Student Records Act.
8    (s) Information the disclosure of which is restricted under
9Section 5-108 of the Public Utilities Act.
10    (t) All identified or deidentified health information in
11the form of health data or medical records contained in, stored
12in, submitted to, transferred by, or released from the Illinois
13Health Information Exchange, and identified or deidentified
14health information in the form of health data and medical
15records of the Illinois Health Information Exchange in the
16possession of the Illinois Health Information Exchange
17Authority due to its administration of the Illinois Health
18Information Exchange. The terms "identified" and
19"deidentified" shall be given the same meaning as in the Health
20Insurance Accountability and Portability Act of 1996, Public
21Law 104-191, or any subsequent amendments thereto, and any
22regulations promulgated thereunder.
23    (u) (t) Records and information provided to an independent
24team of experts under Brian's Law.
25    (v) Personally identifiable information which is exempted
26from disclosure under subsection (g) of Section 19.1 of the



09700HB3342ham005- 5 -LRB097 08287 HEP 53945 a

1Toll Highway Act.
2(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
396-1331, eff. 7-27-10; revised 9-2-10.)
4    Section 10. The Toll Highway Act is amended by adding
5Section 19.1 as follows:
6    (605 ILCS 10/19.1 new)
7    Sec. 19.1. Confidentiality of personally identifiable
8information obtained through electronic toll collection
10    (a) For purposes of this Section:
11    "Electronic toll collection system" is a system where a
12transponder, camera-based vehicle identification system, or
13other electronic medium is used to deduct payment of a toll
14from a subscriber's account or to establish an obligation to
15pay a toll.
16    "Electronic toll collection system user" means any natural
17person who subscribes to an electronic toll collection system
18or any natural person who uses a tolled transportation facility
19that employs the Authority's electronic toll collection
21    "Personally identifiable information" means any
22information that identifies or describes an electronic toll
23collection system user, including but not limited to travel
24pattern data, address, telephone number, e-mail address,



09700HB3342ham005- 6 -LRB097 08287 HEP 53945 a

1license plate number, photograph, bank account information, or
2credit card number.
3    (b) Except as otherwise provided in this Section, the
4Authority may not sell or otherwise provide to any person or
5entity personally identifiable information of any electronic
6toll collection system user that the Authority obtains through
7the operation of its electronic toll collection system.
8    (c) The Authority may, within practical business and cost
9constraints, store personally identifiable information of an
10electronic toll collection system user only if the information
11is required to perform account functions such as billing,
12account settlement, or toll violation enforcement activities.
13    (d) By no later than December 31, 2011, the Authority shall
14establish a privacy policy regarding the collection and use of
15personally identifiable information. Upon its adoption, the
16policy shall be posted on the Authority's website and a copy
17shall be included with each transponder transmitted to a user.
18The policy shall include but need not be limited to the
20        (1) A description of the types of personally
21    identifiable information collected by the Authority.
22        (2) The categories of third-party persons or entities
23    with whom the Authority may share personally identifiable
24    information and for what purposes that information is
25    shared.
26        (3) The process by which the Authority notifies



09700HB3342ham005- 7 -LRB097 08287 HEP 53945 a

1    electronic toll collection system users of material
2    changes to its privacy policy.
3        (4) The process by which an electronic toll collection
4    system user may review and request changes to any of his or
5    her personally identifiable information.
6        (5) The effective date of the privacy policy.
7    (e) This Section does not prohibit the Authority from:
8        (1) providing aggregated traveler information derived
9    from collective data relating to a group or category of
10    electronic toll collection system users from which
11    personally identifiable information has been removed;
12        (2) sharing data with another transportation agency or
13    third-party vendor to comply with interoperability
14    specifications and standards regarding electronic toll
15    collection devices and technologies, provided that the
16    other transportation agency or third-party vendor may not
17    use personally identifiable information obtained under
18    this Section for a purpose other than described in this
19    Section;
20        (3) performing financial, legal and accounting
21    functions such as billing, account settlement, toll
22    violation enforcement, or other activities required to
23    operate and manage its toll collection system;
24        (4) communicating about products and services offered
25    by itself, a business partner, or another public agency;
26        (5) using personally identifiable information in



09700HB3342ham005- 8 -LRB097 08287 HEP 53945 a

1    research projects, provided that appropriate
2    confidentiality restrictions are employed to protect
3    against the unauthorized release of such information;
4        (6) releasing personally identifiable information in
5    response to a warrant, subpoena or lawful order from a
6    court of competent jurisdiction;
7        (7) releasing personally identifiable information to
8    law enforcement agencies in the case of an emergency when
9    obtaining a warrant or subpoena would be impractical; and
10        (8) releasing personally identifiable information to
11    the Authority's Inspector General or, at the Inspector
12    General's direction, to law enforcement agencies under
13    paragraphs (5) and (6) of subsection (f) of Section 8.5 of
14    this Act.
15    (f) In any agreement allowing another public entity to use
16the Authority's toll collection system in a transportation
17facility, the Authority shall require the other public entity
18to comply with the requirements of this Section.
19    (g) Personally identifiable information generated through
20the Authority's toll collection process that reveals the date,
21time, location or direction of travel by an electronic toll
22collection system user shall be exempt from release under the
23Illinois Freedom of Information Act. The exemption in this
24subsection shall not apply to information that concerns (i) the
25public duties of public employees and officials; (ii) whether
26an electronic toll collection system user has paid tolls; (iii)



09700HB3342ham005- 9 -LRB097 08287 HEP 53945 a

1whether the Authority is enforcing toll violation penalties
2against electronic toll collection users who do not pay tolls;
3(iv) accidents or other incidents that occur on highways under
4the jurisdiction of the Authority; or (v) the obligation,
5receipt, and use of the funds of the Authority. The exemption
6in this subsection (g) shall not be a limitation or restriction
7on other Freedom of Information Act exemptions applicable to
8personally identifiable information or private information.
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".