Full Text of SB3138 100th General Assembly
SB3138sam002 100TH GENERAL ASSEMBLY | Sen. Scott M. Bennett Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 3138
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3138, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Freedom of Information Act is amended by | 6 | | changing Section 7.5 as follows: | 7 | | (5 ILCS 140/7.5) | 8 | | (Text of Section before amendment by P.A. 100-512 and | 9 | | 100-517 ) | 10 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 11 | | by the statutes referenced below, the following shall be exempt | 12 | | from inspection and copying: | 13 | | (a) All information determined to be confidential | 14 | | under Section 4002 of the Technology Advancement and | 15 | | Development Act. | 16 | | (b) Library circulation and order records identifying |
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| 1 | | library users with specific materials under the Library | 2 | | Records Confidentiality Act. | 3 | | (c) Applications, related documents, and medical | 4 | | records received by the Experimental Organ Transplantation | 5 | | Procedures Board and any and all documents or other records | 6 | | prepared by the Experimental Organ Transplantation | 7 | | Procedures Board or its staff relating to applications it | 8 | | has received. | 9 | | (d) Information and records held by the Department of | 10 | | Public Health and its authorized representatives relating | 11 | | to known or suspected cases of sexually transmissible | 12 | | disease or any information the disclosure of which is | 13 | | restricted under the Illinois Sexually Transmissible | 14 | | Disease Control Act. | 15 | | (e) Information the disclosure of which is exempted | 16 | | under Section 30 of the Radon Industry Licensing Act. | 17 | | (f) Firm performance evaluations under Section 55 of | 18 | | the Architectural, Engineering, and Land Surveying | 19 | | Qualifications Based Selection Act. | 20 | | (g) Information the disclosure of which is restricted | 21 | | and exempted under Section 50 of the Illinois Prepaid | 22 | | Tuition Act. | 23 | | (h) Information the disclosure of which is exempted | 24 | | under the State Officials and Employees Ethics Act, and | 25 | | records of any lawfully created State or local inspector | 26 | | general's office that would be exempt if created or |
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| 1 | | obtained by an Executive Inspector General's office under | 2 | | that Act. | 3 | | (i) Information contained in a local emergency energy | 4 | | plan submitted to a municipality in accordance with a local | 5 | | emergency energy plan ordinance that is adopted under | 6 | | Section 11-21.5-5 of the Illinois Municipal Code. | 7 | | (j) Information and data concerning the distribution | 8 | | of surcharge moneys collected and remitted by carriers | 9 | | under the Emergency Telephone System Act. | 10 | | (k) Law enforcement officer identification information | 11 | | or driver identification information compiled by a law | 12 | | enforcement agency or the Department of Transportation | 13 | | under Section 11-212 of the Illinois Vehicle Code. | 14 | | (l) Records and information provided to a residential | 15 | | health care facility resident sexual assault and death | 16 | | review team or the Executive Council under the Abuse | 17 | | Prevention Review Team Act. | 18 | | (m) Information provided to the predatory lending | 19 | | database created pursuant to Article 3 of the Residential | 20 | | Real Property Disclosure Act, except to the extent | 21 | | authorized under that Article. | 22 | | (n) Defense budgets and petitions for certification of | 23 | | compensation and expenses for court appointed trial | 24 | | counsel as provided under Sections 10 and 15 of the Capital | 25 | | Crimes Litigation Act. This subsection (n) shall apply | 26 | | until the conclusion of the trial of the case, even if the |
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| 1 | | prosecution chooses not to pursue the death penalty prior | 2 | | to trial or sentencing. | 3 | | (o) Information that is prohibited from being | 4 | | disclosed under Section 4 of the Illinois Health and | 5 | | Hazardous Substances Registry Act. | 6 | | (p) Security portions of system safety program plans, | 7 | | investigation reports, surveys, schedules, lists, data, or | 8 | | information compiled, collected, or prepared by or for the | 9 | | Regional Transportation Authority under Section 2.11 of | 10 | | the Regional Transportation Authority Act or the St. Clair | 11 | | County Transit District under the Bi-State Transit Safety | 12 | | Act. | 13 | | (q) Information prohibited from being disclosed by the | 14 | | Personnel Records Review Act. | 15 | | (r) Information prohibited from being disclosed by the | 16 | | Illinois School Student Records Act. | 17 | | (s) Information the disclosure of which is restricted | 18 | | under Section 5-108 of the Public Utilities Act.
| 19 | | (t) All identified or deidentified health information | 20 | | in the form of health data or medical records contained in, | 21 | | stored in, submitted to, transferred by, or released from | 22 | | the Illinois Health Information Exchange, and identified | 23 | | or deidentified health information in the form of health | 24 | | data and medical records of the Illinois Health Information | 25 | | Exchange in the possession of the Illinois Health | 26 | | Information Exchange Authority due to its administration |
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| 1 | | of the Illinois Health Information Exchange. The terms | 2 | | "identified" and "deidentified" shall be given the same | 3 | | meaning as in the Health Insurance Portability and | 4 | | Accountability Act of 1996, Public Law 104-191, or any | 5 | | subsequent amendments thereto, and any regulations | 6 | | promulgated thereunder. | 7 | | (u) Records and information provided to an independent | 8 | | team of experts under Brian's Law. | 9 | | (v) Names and information of people who have applied | 10 | | for or received Firearm Owner's Identification Cards under | 11 | | the Firearm Owners Identification Card Act or applied for | 12 | | or received a concealed carry license under the Firearm | 13 | | Concealed Carry Act, unless otherwise authorized by the | 14 | | Firearm Concealed Carry Act; and databases under the | 15 | | Firearm Concealed Carry Act, records of the Concealed Carry | 16 | | Licensing Review Board under the Firearm Concealed Carry | 17 | | Act, and law enforcement agency objections under the | 18 | | Firearm Concealed Carry Act. | 19 | | (w) Personally identifiable information which is | 20 | | exempted from disclosure under subsection (g) of Section | 21 | | 19.1 of the Toll Highway Act. | 22 | | (x) Information which is exempted from disclosure | 23 | | under Section 5-1014.3 of the Counties Code or Section | 24 | | 8-11-21 of the Illinois Municipal Code. | 25 | | (y) Confidential information under the Adult | 26 | | Protective Services Act and its predecessor enabling |
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| 1 | | statute, the Elder Abuse and Neglect Act, including | 2 | | information about the identity and administrative finding | 3 | | against any caregiver of a verified and substantiated | 4 | | decision of abuse, neglect, or financial exploitation of an | 5 | | eligible adult maintained in the Registry established | 6 | | under Section 7.5 of the Adult Protective Services Act. | 7 | | (z) Records and information provided to a fatality | 8 | | review team or the Illinois Fatality Review Team Advisory | 9 | | Council under Section 15 of the Adult Protective Services | 10 | | Act. | 11 | | (aa) Information which is exempted from disclosure | 12 | | under Section 2.37 of the Wildlife Code. | 13 | | (bb) Information which is or was prohibited from | 14 | | disclosure by the Juvenile Court Act of 1987. | 15 | | (cc) Recordings made under the Law Enforcement | 16 | | Officer-Worn Body Camera Act, except to the extent | 17 | | authorized under that Act. | 18 | | (dd) Information that is prohibited from being | 19 | | disclosed under Section 45 of the Condominium and Common | 20 | | Interest Community Ombudsperson Act. | 21 | | (ee) Information that is exempted from disclosure | 22 | | under Section 30.1 of the Pharmacy Practice Act. | 23 | | (ff) Information that is exempted from disclosure | 24 | | under the Revised Uniform Unclaimed Property Act. | 25 | | (gg) (ff) Information that is prohibited from being | 26 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
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| 1 | | Code. | 2 | | (hh) (ff) Records that are exempt from disclosure under | 3 | | Section 1A-16.7 of the Election Code. | 4 | | (ii) (ff) Information which is exempted from | 5 | | disclosure under Section 2505-800 of the Department of | 6 | | Revenue Law of the Civil Administrative Code of Illinois. | 7 | | (ll) Information that is exempt from disclosure under | 8 | | Section 70 of the Higher Education Student Assistance Act. | 9 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 10 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 11 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 12 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 13 | | 8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.) | 14 | | (Text of Section after amendment by P.A. 100-517 but before | 15 | | amendment by P.A. 100-512 ) | 16 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 17 | | by the statutes referenced below, the following shall be exempt | 18 | | from inspection and copying: | 19 | | (a) All information determined to be confidential | 20 | | under Section 4002 of the Technology Advancement and | 21 | | Development Act. | 22 | | (b) Library circulation and order records identifying | 23 | | library users with specific materials under the Library | 24 | | Records Confidentiality Act. | 25 | | (c) Applications, related documents, and medical |
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| 1 | | records received by the Experimental Organ Transplantation | 2 | | Procedures Board and any and all documents or other records | 3 | | prepared by the Experimental Organ Transplantation | 4 | | Procedures Board or its staff relating to applications it | 5 | | has received. | 6 | | (d) Information and records held by the Department of | 7 | | Public Health and its authorized representatives relating | 8 | | to known or suspected cases of sexually transmissible | 9 | | disease or any information the disclosure of which is | 10 | | restricted under the Illinois Sexually Transmissible | 11 | | Disease Control Act. | 12 | | (e) Information the disclosure of which is exempted | 13 | | under Section 30 of the Radon Industry Licensing Act. | 14 | | (f) Firm performance evaluations under Section 55 of | 15 | | the Architectural, Engineering, and Land Surveying | 16 | | Qualifications Based Selection Act. | 17 | | (g) Information the disclosure of which is restricted | 18 | | and exempted under Section 50 of the Illinois Prepaid | 19 | | Tuition Act. | 20 | | (h) Information the disclosure of which is exempted | 21 | | under the State Officials and Employees Ethics Act, and | 22 | | records of any lawfully created State or local inspector | 23 | | general's office that would be exempt if created or | 24 | | obtained by an Executive Inspector General's office under | 25 | | that Act. | 26 | | (i) Information contained in a local emergency energy |
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| 1 | | plan submitted to a municipality in accordance with a local | 2 | | emergency energy plan ordinance that is adopted under | 3 | | Section 11-21.5-5 of the Illinois Municipal Code. | 4 | | (j) Information and data concerning the distribution | 5 | | of surcharge moneys collected and remitted by carriers | 6 | | under the Emergency Telephone System Act. | 7 | | (k) Law enforcement officer identification information | 8 | | or driver identification information compiled by a law | 9 | | enforcement agency or the Department of Transportation | 10 | | under Section 11-212 of the Illinois Vehicle Code. | 11 | | (l) Records and information provided to a residential | 12 | | health care facility resident sexual assault and death | 13 | | review team or the Executive Council under the Abuse | 14 | | Prevention Review Team Act. | 15 | | (m) Information provided to the predatory lending | 16 | | database created pursuant to Article 3 of the Residential | 17 | | Real Property Disclosure Act, except to the extent | 18 | | authorized under that Article. | 19 | | (n) Defense budgets and petitions for certification of | 20 | | compensation and expenses for court appointed trial | 21 | | counsel as provided under Sections 10 and 15 of the Capital | 22 | | Crimes Litigation Act. This subsection (n) shall apply | 23 | | until the conclusion of the trial of the case, even if the | 24 | | prosecution chooses not to pursue the death penalty prior | 25 | | to trial or sentencing. | 26 | | (o) Information that is prohibited from being |
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| 1 | | disclosed under Section 4 of the Illinois Health and | 2 | | Hazardous Substances Registry Act. | 3 | | (p) Security portions of system safety program plans, | 4 | | investigation reports, surveys, schedules, lists, data, or | 5 | | information compiled, collected, or prepared by or for the | 6 | | Regional Transportation Authority under Section 2.11 of | 7 | | the Regional Transportation Authority Act or the St. Clair | 8 | | County Transit District under the Bi-State Transit Safety | 9 | | Act. | 10 | | (q) Information prohibited from being disclosed by the | 11 | | Personnel Records Review Act. | 12 | | (r) Information prohibited from being disclosed by the | 13 | | Illinois School Student Records Act. | 14 | | (s) Information the disclosure of which is restricted | 15 | | under Section 5-108 of the Public Utilities Act.
| 16 | | (t) All identified or deidentified health information | 17 | | in the form of health data or medical records contained in, | 18 | | stored in, submitted to, transferred by, or released from | 19 | | the Illinois Health Information Exchange, and identified | 20 | | or deidentified health information in the form of health | 21 | | data and medical records of the Illinois Health Information | 22 | | Exchange in the possession of the Illinois Health | 23 | | Information Exchange Authority due to its administration | 24 | | of the Illinois Health Information Exchange. The terms | 25 | | "identified" and "deidentified" shall be given the same | 26 | | meaning as in the Health Insurance Portability and |
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| 1 | | Accountability Act of 1996, Public Law 104-191, or any | 2 | | subsequent amendments thereto, and any regulations | 3 | | promulgated thereunder. | 4 | | (u) Records and information provided to an independent | 5 | | team of experts under Brian's Law. | 6 | | (v) Names and information of people who have applied | 7 | | for or received Firearm Owner's Identification Cards under | 8 | | the Firearm Owners Identification Card Act or applied for | 9 | | or received a concealed carry license under the Firearm | 10 | | Concealed Carry Act, unless otherwise authorized by the | 11 | | Firearm Concealed Carry Act; and databases under the | 12 | | Firearm Concealed Carry Act, records of the Concealed Carry | 13 | | Licensing Review Board under the Firearm Concealed Carry | 14 | | Act, and law enforcement agency objections under the | 15 | | Firearm Concealed Carry Act. | 16 | | (w) Personally identifiable information which is | 17 | | exempted from disclosure under subsection (g) of Section | 18 | | 19.1 of the Toll Highway Act. | 19 | | (x) Information which is exempted from disclosure | 20 | | under Section 5-1014.3 of the Counties Code or Section | 21 | | 8-11-21 of the Illinois Municipal Code. | 22 | | (y) Confidential information under the Adult | 23 | | Protective Services Act and its predecessor enabling | 24 | | statute, the Elder Abuse and Neglect Act, including | 25 | | information about the identity and administrative finding | 26 | | against any caregiver of a verified and substantiated |
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| 1 | | decision of abuse, neglect, or financial exploitation of an | 2 | | eligible adult maintained in the Registry established | 3 | | under Section 7.5 of the Adult Protective Services Act. | 4 | | (z) Records and information provided to a fatality | 5 | | review team or the Illinois Fatality Review Team Advisory | 6 | | Council under Section 15 of the Adult Protective Services | 7 | | Act. | 8 | | (aa) Information which is exempted from disclosure | 9 | | under Section 2.37 of the Wildlife Code. | 10 | | (bb) Information which is or was prohibited from | 11 | | disclosure by the Juvenile Court Act of 1987. | 12 | | (cc) Recordings made under the Law Enforcement | 13 | | Officer-Worn Body Camera Act, except to the extent | 14 | | authorized under that Act. | 15 | | (dd) Information that is prohibited from being | 16 | | disclosed under Section 45 of the Condominium and Common | 17 | | Interest Community Ombudsperson Act. | 18 | | (ee) Information that is exempted from disclosure | 19 | | under Section 30.1 of the Pharmacy Practice Act. | 20 | | (ff) Information that is exempted from disclosure | 21 | | under the Revised Uniform Unclaimed Property Act. | 22 | | (gg) (ff) Information that is prohibited from being | 23 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 24 | | Code. | 25 | | (hh) (ff) Records that are exempt from disclosure under | 26 | | Section 1A-16.7 of the Election Code. |
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| 1 | | (ii) (ff) Information which is exempted from | 2 | | disclosure under Section 2505-800 of the Department of | 3 | | Revenue Law of the Civil Administrative Code of Illinois. | 4 | | (jj) (ff) Information and reports that are required to | 5 | | be submitted to the Department of Labor by registering day | 6 | | and temporary labor service agencies but are exempt from | 7 | | disclosure under subsection (a-1) of Section 45 of the Day | 8 | | and Temporary Labor Services Act. | 9 | | (ll) Information that is exempt from disclosure under | 10 | | Section 70 of the Higher Education Student Assistance Act. | 11 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 12 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 13 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 14 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 15 | | 8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised | 16 | | 11-2-17.) | 17 | | (Text of Section after amendment by P.A. 100-512 ) | 18 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 19 | | by the statutes referenced below, the following shall be exempt | 20 | | from inspection and copying: | 21 | | (a) All information determined to be confidential | 22 | | under Section 4002 of the Technology Advancement and | 23 | | Development Act. | 24 | | (b) Library circulation and order records identifying | 25 | | library users with specific materials under the Library |
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| 1 | | Records Confidentiality Act. | 2 | | (c) Applications, related documents, and medical | 3 | | records received by the Experimental Organ Transplantation | 4 | | Procedures Board and any and all documents or other records | 5 | | prepared by the Experimental Organ Transplantation | 6 | | Procedures Board or its staff relating to applications it | 7 | | has received. | 8 | | (d) Information and records held by the Department of | 9 | | Public Health and its authorized representatives relating | 10 | | to known or suspected cases of sexually transmissible | 11 | | disease or any information the disclosure of which is | 12 | | restricted under the Illinois Sexually Transmissible | 13 | | Disease Control Act. | 14 | | (e) Information the disclosure of which is exempted | 15 | | under Section 30 of the Radon Industry Licensing Act. | 16 | | (f) Firm performance evaluations under Section 55 of | 17 | | the Architectural, Engineering, and Land Surveying | 18 | | Qualifications Based Selection Act. | 19 | | (g) Information the disclosure of which is restricted | 20 | | and exempted under Section 50 of the Illinois Prepaid | 21 | | Tuition Act. | 22 | | (h) Information the disclosure of which is exempted | 23 | | under the State Officials and Employees Ethics Act, and | 24 | | records of any lawfully created State or local inspector | 25 | | general's office that would be exempt if created or | 26 | | obtained by an Executive Inspector General's office under |
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| 1 | | that Act. | 2 | | (i) Information contained in a local emergency energy | 3 | | plan submitted to a municipality in accordance with a local | 4 | | emergency energy plan ordinance that is adopted under | 5 | | Section 11-21.5-5 of the Illinois Municipal Code. | 6 | | (j) Information and data concerning the distribution | 7 | | of surcharge moneys collected and remitted by carriers | 8 | | under the Emergency Telephone System Act. | 9 | | (k) Law enforcement officer identification information | 10 | | or driver identification information compiled by a law | 11 | | enforcement agency or the Department of Transportation | 12 | | under Section 11-212 of the Illinois Vehicle Code. | 13 | | (l) Records and information provided to a residential | 14 | | health care facility resident sexual assault and death | 15 | | review team or the Executive Council under the Abuse | 16 | | Prevention Review Team Act. | 17 | | (m) Information provided to the predatory lending | 18 | | database created pursuant to Article 3 of the Residential | 19 | | Real Property Disclosure Act, except to the extent | 20 | | authorized under that Article. | 21 | | (n) Defense budgets and petitions for certification of | 22 | | compensation and expenses for court appointed trial | 23 | | counsel as provided under Sections 10 and 15 of the Capital | 24 | | Crimes Litigation Act. This subsection (n) shall apply | 25 | | until the conclusion of the trial of the case, even if the | 26 | | prosecution chooses not to pursue the death penalty prior |
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| 1 | | to trial or sentencing. | 2 | | (o) Information that is prohibited from being | 3 | | disclosed under Section 4 of the Illinois Health and | 4 | | Hazardous Substances Registry Act. | 5 | | (p) Security portions of system safety program plans, | 6 | | investigation reports, surveys, schedules, lists, data, or | 7 | | information compiled, collected, or prepared by or for the | 8 | | Regional Transportation Authority under Section 2.11 of | 9 | | the Regional Transportation Authority Act or the St. Clair | 10 | | County Transit District under the Bi-State Transit Safety | 11 | | Act. | 12 | | (q) Information prohibited from being disclosed by the | 13 | | Personnel Records Review Act. | 14 | | (r) Information prohibited from being disclosed by the | 15 | | Illinois School Student Records Act. | 16 | | (s) Information the disclosure of which is restricted | 17 | | under Section 5-108 of the Public Utilities Act.
| 18 | | (t) All identified or deidentified health information | 19 | | in the form of health data or medical records contained in, | 20 | | stored in, submitted to, transferred by, or released from | 21 | | the Illinois Health Information Exchange, and identified | 22 | | or deidentified health information in the form of health | 23 | | data and medical records of the Illinois Health Information | 24 | | Exchange in the possession of the Illinois Health | 25 | | Information Exchange Authority due to its administration | 26 | | of the Illinois Health Information Exchange. The terms |
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| 1 | | "identified" and "deidentified" shall be given the same | 2 | | meaning as in the Health Insurance Portability and | 3 | | Accountability Act of 1996, Public Law 104-191, or any | 4 | | subsequent amendments thereto, and any regulations | 5 | | promulgated thereunder. | 6 | | (u) Records and information provided to an independent | 7 | | team of experts under Brian's Law. | 8 | | (v) Names and information of people who have applied | 9 | | for or received Firearm Owner's Identification Cards under | 10 | | the Firearm Owners Identification Card Act or applied for | 11 | | or received a concealed carry license under the Firearm | 12 | | Concealed Carry Act, unless otherwise authorized by the | 13 | | Firearm Concealed Carry Act; and databases under the | 14 | | Firearm Concealed Carry Act, records of the Concealed Carry | 15 | | Licensing Review Board under the Firearm Concealed Carry | 16 | | Act, and law enforcement agency objections under the | 17 | | Firearm Concealed Carry Act. | 18 | | (w) Personally identifiable information which is | 19 | | exempted from disclosure under subsection (g) of Section | 20 | | 19.1 of the Toll Highway Act. | 21 | | (x) Information which is exempted from disclosure | 22 | | under Section 5-1014.3 of the Counties Code or Section | 23 | | 8-11-21 of the Illinois Municipal Code. | 24 | | (y) Confidential information under the Adult | 25 | | Protective Services Act and its predecessor enabling | 26 | | statute, the Elder Abuse and Neglect Act, including |
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| 1 | | information about the identity and administrative finding | 2 | | against any caregiver of a verified and substantiated | 3 | | decision of abuse, neglect, or financial exploitation of an | 4 | | eligible adult maintained in the Registry established | 5 | | under Section 7.5 of the Adult Protective Services Act. | 6 | | (z) Records and information provided to a fatality | 7 | | review team or the Illinois Fatality Review Team Advisory | 8 | | Council under Section 15 of the Adult Protective Services | 9 | | Act. | 10 | | (aa) Information which is exempted from disclosure | 11 | | under Section 2.37 of the Wildlife Code. | 12 | | (bb) Information which is or was prohibited from | 13 | | disclosure by the Juvenile Court Act of 1987. | 14 | | (cc) Recordings made under the Law Enforcement | 15 | | Officer-Worn Body Camera Act, except to the extent | 16 | | authorized under that Act. | 17 | | (dd) Information that is prohibited from being | 18 | | disclosed under Section 45 of the Condominium and Common | 19 | | Interest Community Ombudsperson Act. | 20 | | (ee) Information that is exempted from disclosure | 21 | | under Section 30.1 of the Pharmacy Practice Act. | 22 | | (ff) Information that is exempted from disclosure | 23 | | under the Revised Uniform Unclaimed Property Act. | 24 | | (gg) (ff) Information that is prohibited from being | 25 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 26 | | Code. |
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| 1 | | (hh) (ff) Records that are exempt from disclosure under | 2 | | Section 1A-16.7 of the Election Code. | 3 | | (ii) (ff) Information which is exempted from | 4 | | disclosure under Section 2505-800 of the Department of | 5 | | Revenue Law of the Civil Administrative Code of Illinois. | 6 | | (jj) (ff) Information and reports that are required to | 7 | | be submitted to the Department of Labor by registering day | 8 | | and temporary labor service agencies but are exempt from | 9 | | disclosure under subsection (a-1) of Section 45 of the Day | 10 | | and Temporary Labor Services Act. | 11 | | (kk) (ff) Information prohibited from disclosure under | 12 | | the Seizure and Forfeiture Reporting Act. | 13 | | (ll) Information that is exempt from disclosure under | 14 | | Section 70 of the Higher Education Student Assistance Act. | 15 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 16 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 17 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 18 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 19 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 20 | | eff. 6-1-18; revised 11-2-17.) | 21 | | Section 10. The Higher Education Student Assistance Act is | 22 | | amended by changing Section 70 as follows:
| 23 | | (110 ILCS 947/70)
| 24 | | Sec. 70. Administration of scholarship and grant programs.
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| 1 | | (a) An applicant to whom the Commission has awarded a | 2 | | scholarship or
grant under this Act may apply for enrollment as | 3 | | a student in any
qualified institution of higher learning. The | 4 | | institution is not required to
accept the applicant for | 5 | | enrollment, but is free to exact compliance with its
own | 6 | | admissions requirements, standards, and policies. The | 7 | | institution may
receive the payments of tuition and other | 8 | | necessary fees provided by the
scholarship or grant, for credit | 9 | | against the student's obligation for such
tuition and fees, and | 10 | | for no other purpose, and shall be contractually
obligated:
| 11 | | (1) to provide facilities and instruction to the | 12 | | student on the
same terms as to other students generally;
| 13 | | (2) to provide the notices and information described in | 14 | | this Act; and
to maintain records and documents which | 15 | | demonstrate the eligibility of the
students for whom | 16 | | scholarships and grants are claimed.
| 17 | | (b) If, in the course of any academic period, any student | 18 | | enrolled in
any institution pursuant to a scholarship or grant | 19 | | awarded under this Act
for any reason ceases to be a student in | 20 | | good standing, the institution shall
promptly give written | 21 | | notice to the Commission concerning that change of status
and | 22 | | the reason therefor. For purposes of this Section, a student | 23 | | does not cease
to be a student in good standing merely because | 24 | | he or she is not classified as
a full-time student.
| 25 | | (c) A student to whom a renewal scholarship or grant has | 26 | | been awarded
may either re-enroll in the institution which he |
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| 1 | | or she attended during the
preceding year, or enroll in any | 2 | | other qualified institution of higher
learning; and in either | 3 | | event, the institution accepting the student for
enrollment or | 4 | | re-enrollment shall notify the Commission of
that acceptance | 5 | | and may receive payments and shall be contractually
obligated | 6 | | as provided with respect to a first-year scholarship or grant.
| 7 | | (d) The Commission shall administer the scholarship and | 8 | | grant accounts
and related records of each student who is | 9 | | attending an institution of
higher learning under financial | 10 | | assistance awarded pursuant to this Act,
and at each proper | 11 | | time shall certify to the State Comptroller, in the manner
| 12 | | prescribed by law, the current payment to be made to the | 13 | | institution on account
of such financial assistance, in | 14 | | accordance with an appropriate certificate
from the | 15 | | institution. The Commission may require the participating | 16 | | institution
of higher learning to perform specific eligibility | 17 | | evaluation procedures as a
condition of participation.
| 18 | | (e) The Commission shall conduct on-site audits of | 19 | | educational
institutions participating in Commission | 20 | | administered programs. When
institutions have claimed and | 21 | | received funds on behalf of ineligible
recipients, the | 22 | | Commission may adjust subsequent institutional payments to
| 23 | | recover those funds.
| 24 | | (f) The Commission may, upon the request of any institution
| 25 | | which
received payment for scholarship and grant awards for | 26 | | each of the last 5
years, certify to the Comptroller an advance |
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| 1 | | payment for the current term
to be made to the institution on | 2 | | account of such financial assistance in an
amount not to exceed | 3 | | 75% of announced awards for the institution for such
financial | 4 | | assistance for the current term, adjusted for attrition over | 5 | | the
last 5 years. For the purposes of this Section, "attrition" | 6 | | is the number
of announced award winners enrolled on the 10th | 7 | | class day as a percentage
of the total announced awards. The | 8 | | request for an advance payment for the
current term shall not | 9 | | be submitted until 10 class days after the last day
for | 10 | | registration for that term. Upon appropriate certification | 11 | | from the
institution presented for each payment period, after | 12 | | the standard tuition
and mandatory fees have been established | 13 | | for all students for the term of
payment and the award | 14 | | recipient has enrolled, the Commission shall certify
to the | 15 | | State Comptroller the balance of the current payment to be made | 16 | | to
the institution on account of such financial assistance. If | 17 | | an advance
payment received by an institution exceeds the | 18 | | payment to which that
institution is entitled, the Commission | 19 | | shall reduce subsequent payments
to that institution for later | 20 | | terms within the same academic year as the
overpayment by an | 21 | | amount equal to the overpayment; if the reduction cannot
be | 22 | | made, the institution shall refund the overpayment to the | 23 | | Commission.
The Commission may deny or reduce the advance | 24 | | payment provided to any
institution under this Section if it | 25 | | has reason to believe that the advance
payment for the current | 26 | | term may exceed the full payment the institution is
entitled to |
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| 1 | | receive for such assistance for that term.
| 2 | | (g) The personal identity and address of a scholarship, | 3 | | grant, or other financial assistance applicant or recipient | 4 | | under a non-discretionary program administered by the | 5 | | Commission, including, but not limited to, the Monetary Award | 6 | | Program under Section 35 of this Act, where eligibility data is | 7 | | obtained from the Free Application for Federal Student Aid | 8 | | authorized by 20 U.S.C. 1090 or is protected from disclosure | 9 | | under federal or State law or under rules and regulations | 10 | | implementing federal or State law, is information that is | 11 | | intended to remain private and shall be exempt from inspection | 12 | | and copying under the Freedom of Information Act. | 13 | | (Source: P.A. 92-713, eff. 7-23-02.)
| 14 | | Section 95. No acceleration or delay. Where this Act makes | 15 | | changes in a statute that is represented in this Act by text | 16 | | that is not yet or no longer in effect (for example, a Section | 17 | | represented by multiple versions), the use of that text does | 18 | | not accelerate or delay the taking effect of (i) the changes | 19 | | made by this Act or (ii) provisions derived from any other | 20 | | Public Act.
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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