Full Text of SB1418 101st General Assembly
SB1418ham001 101ST GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 5/6/2019
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| 1 | | AMENDMENT TO SENATE BILL 1418
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1418 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential | 11 | | under Section 4002 of the Technology Advancement and | 12 | | Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library | 15 | | Records Confidentiality Act. | 16 | | (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 Record 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 the Developmental Disability and | 6 | | Mental Health Safety Act (also known as Brian's Law ) . | 7 | | (v) Names and information of people who have applied | 8 | | for or received Firearm Owner's Identification Cards under | 9 | | the Firearm Owners Identification Card Act or applied for | 10 | | or received a concealed carry license under the Firearm | 11 | | Concealed Carry Act, unless otherwise authorized by the | 12 | | Firearm Concealed Carry Act; and databases under the | 13 | | Firearm Concealed Carry Act, records of the Concealed Carry | 14 | | Licensing Review Board under the Firearm Concealed Carry | 15 | | Act, and law enforcement agency objections under the | 16 | | Firearm Concealed Carry Act. | 17 | | (w) Personally identifiable information which is | 18 | | exempted from disclosure under subsection (g) of Section | 19 | | 19.1 of the Toll Highway Act. | 20 | | (x) Information which is exempted from disclosure | 21 | | under Section 5-1014.3 of the Counties Code or Section | 22 | | 8-11-21 of the Illinois Municipal Code. | 23 | | (y) Confidential information under the Adult | 24 | | Protective Services Act and its predecessor enabling | 25 | | statute, the Elder Abuse and Neglect Act, including | 26 | | information about the identity and administrative finding |
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| 1 | | against any caregiver of a verified and substantiated | 2 | | decision of abuse, neglect, or financial exploitation of an | 3 | | eligible adult maintained in the Registry established | 4 | | under Section 7.5 of the Adult Protective Services Act. | 5 | | (z) Records and information provided to a fatality | 6 | | review team or the Illinois Fatality Review Team Advisory | 7 | | Council under Section 15 of the Adult Protective Services | 8 | | Act. | 9 | | (aa) Information which is exempted from disclosure | 10 | | under Section 2.37 of the Wildlife Code. | 11 | | (bb) Information which is or was prohibited from | 12 | | disclosure by the Juvenile Court Act of 1987. | 13 | | (cc) Recordings made under the Law Enforcement | 14 | | Officer-Worn Body Camera Act, except to the extent | 15 | | authorized under that Act. | 16 | | (dd) Information that is prohibited from being | 17 | | disclosed under Section 45 of the Condominium and Common | 18 | | Interest Community Ombudsperson Act. | 19 | | (ee) Information that is exempted from disclosure | 20 | | under Section 30.1 of the Pharmacy Practice Act. | 21 | | (ff) Information that is exempted from disclosure | 22 | | under the Revised Uniform Unclaimed Property Act. | 23 | | (gg) Information that is prohibited from being | 24 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 25 | | Code. | 26 | | (hh) Records that are exempt from disclosure under |
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| 1 | | Section 1A-16.7 of the Election Code. | 2 | | (ii) Information which is exempted from disclosure | 3 | | under Section 2505-800 of the Department of Revenue Law of | 4 | | the Civil Administrative Code of Illinois. | 5 | | (jj) Information and reports that are required to be | 6 | | submitted to the Department of Labor by registering day and | 7 | | temporary labor service agencies but are exempt from | 8 | | disclosure under subsection (a-1) of Section 45 of the Day | 9 | | and Temporary Labor Services Act. | 10 | | (kk) Information prohibited from disclosure under the | 11 | | Seizure and Forfeiture Reporting Act. | 12 | | (ll) Information the disclosure of which is restricted | 13 | | and exempted under Section 5-30.8 of the Illinois Public | 14 | | Aid Code. | 15 | | (mm) (ll) Records that are exempt from disclosure under | 16 | | Section 4.2 of the Crime Victims Compensation Act. | 17 | | (nn) (ll) Information that is exempt from disclosure | 18 | | under Section 70 of the Higher Education Student Assistance | 19 | | Act. | 20 | | (oo) Recordings made under the Children's Advocacy | 21 | | Center Act, except to the extent authorized under that Act. | 22 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 23 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 24 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 25 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 26 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, |
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| 1 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | 2 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | 3 | | 10-12-18.) | 4 | | Section 10. The Bi-State Development Agency Act is amended | 5 | | by changing Section 2 as follows:
| 6 | | (45 ILCS 105/2) (from Ch. 127, par. 63s-2)
| 7 | | Sec. 2.
(a) Of the Commissioners first appointed one shall | 8 | | be appointed
to
serve for a term of one year, one for two | 9 | | years, one for three years, one
for four years and one for five | 10 | | years from the third Monday in January
following his | 11 | | appointment.
Beginning with the appointment to be filled in | 12 | | January of 2004, and the
expiration of each term of each | 13 | | commissioner thereafter, and each succeeding
commissioner | 14 | | thereafter, the Chairman of the County Board of the County of
| 15 | | Madison or the County of St. Clair, as the case may be, shall, | 16 | | by and with the
advice and consent of the respective County | 17 | | Board, appoint a successor who
shall hold office for a term of | 18 | | five years. Each commissioner shall hold
office until his | 19 | | successor has been appointed and qualified. The
commissioners | 20 | | shall elect a chairman of the Illinois delegation annually from
| 21 | | among themselves.
| 22 | | (b) The Chairman of the County Board of St. Clair County | 23 | | shall appoint a
commissioner for the term expiring in January, | 24 | | 2004 and in the following year
the
Chairman of the County Board |
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| 1 | | of Madison County shall appoint a commissioner
for the term | 2 | | expiring in January of that year. Successive appointments shall
| 3 | | alternate between the Chairman of the St. Clair County Board | 4 | | and the Chairman
of the Madison County Board, except as may be | 5 | | modified by the provisions of
subsection (c).
| 6 | | (c) In the event that a tax has been imposed in Monroe | 7 | | County consistent
with the provisions of Section 5.01 of the | 8 | | Local Mass Transit District Act, the
Chairman of the Monroe | 9 | | County Board shall, upon the expiration of the term of a
| 10 | | commissioner who is a resident of the County in which 3 of the | 11 | | then remaining
commissioners reside, appoint a commissioner | 12 | | with the advice and consent of
the Monroe County Board. The | 13 | | commissioner appointed by the Monroe County
Board shall hold | 14 | | office for a term of 5 years and a successor shall be
appointed
| 15 | | by the chairman of the Monroe County Board, with the advice and | 16 | | consent of the
Monroe County Board. The appointments of the 4 | 17 | | remaining commissioners shall
then continue to alternate | 18 | | between St. Clair and Madison County so that each
County shall | 19 | | continue to retain the appointments of 2 commissioners. To the
| 20 | | extent that this subsection (c) conflicts with any other | 21 | | provision of this
Section or Section 3, the provisions of this | 22 | | subsection (c) control. | 23 | | (d) A county authorized to appoint commissioners that does | 24 | | not contract for light rail service with the Bi-State | 25 | | Development Agency and does not pay for that service in part | 26 | | with county-generated revenue shall be limited to one |
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| 1 | | commissioner. When the term of an existing commissioner expires | 2 | | from the county without light rail service and there is another | 3 | | commissioner from that county serving an unexpired term, the | 4 | | commissioner leaving shall be replaced by an appointee from a | 5 | | county contracting for light rail service; this process shall | 6 | | continue until the county without light rail service has only | 7 | | one commissioner. At that point, that one commissioner will | 8 | | continue to be appointed as previously authorized by this Act.
| 9 | | (Source: P.A. 93-432, eff. 6-1-04 .)
| 10 | | Section 15. The Children's Advocacy Center Act is amended | 11 | | by changing Section 2.5 and by adding Section 4.5 as follows: | 12 | | (55 ILCS 80/2.5) | 13 | | Sec. 2.5. Definitions. As used in this Section: | 14 | | "Accreditation" means the process in which certification | 15 | | of competency, authority, or credibility is presented by | 16 | | standards set by the National Children's Alliance to ensure | 17 | | effective, efficient and consistent delivery of services by a | 18 | | CAC. | 19 | | "Child maltreatment" includes any act or occurrence, as | 20 | | defined in Section 5 of the Criminal Code of 2012, under the | 21 | | Children and Family Services Act or the Juvenile Court Act of | 22 | | 1987 involving either a child victim or child witness. | 23 | | "Children's Advocacy Center" or "CAC" is a child-focused, | 24 | | trauma-informed, facility-based program in which |
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| 1 | | representatives from law enforcement, child protection, | 2 | | prosecution, mental health, forensic interviewing, medical, | 3 | | and victim advocacy disciplines collaborate to interview | 4 | | children, meet with a child's parent or parents, caregivers, | 5 | | and family members, and make team decisions about the | 6 | | investigation, prosecution, safety, treatment, and support | 7 | | services for child maltreatment cases. | 8 | | "Children's Advocacy Centers of Illinois" or "CACI" is a | 9 | | state chapter of the National Children's Alliance ("NCA") and | 10 | | organizing entity for Children's Advocacy Centers in the State | 11 | | of Illinois. It defines membership and engages member CACs in | 12 | | the NCA accreditation process and collecting and sharing of | 13 | | data, and provides training, leadership, and technical | 14 | | assistance to existing and emerging CACs in the State. | 15 | | "Electronic recording" includes a motion picture, | 16 | | audiotape, videotape, or digital recording. | 17 | | "Forensic interview" means an interview between a trained | 18 | | forensic interviewer, as defined by NCA standards, and a child | 19 | | in which the interviewer obtains information from children in | 20 | | an unbiased and fact finding manner that is developmentally | 21 | | appropriate and culturally sensitive to support accurate and | 22 | | fair decision making by the multidisciplinary team in the | 23 | | criminal justice and child protection systems. Whenever | 24 | | practical, all parties involved in investigating reports of | 25 | | child maltreatment shall observe the interview, which shall be | 26 | | electronically digitally recorded. |
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| 1 | | "Forensic interview transcription" means a verbatim | 2 | | transcript of a forensic interview for the purpose of | 3 | | translating the interview into another language. | 4 | | "Multidisciplinary team" or "MDT" means a group of | 5 | | professionals working collaboratively under a written | 6 | | protocol, who represent various disciplines from the point of a | 7 | | report of child maltreatment to assure the most effective | 8 | | coordinated response possible for every child. Employees from | 9 | | each participating entity shall be included on the MDT. A CAC's | 10 | | MDT must include professionals involved in the coordination, | 11 | | investigation, and prosecution of child abuse cases, including | 12 | | the CAC's staff, participating law enforcement agencies, the | 13 | | county state's attorney, and the Illinois Department of | 14 | | Children and Family Services, and must include professionals | 15 | | involved in the delivery of services to victims of child | 16 | | maltreatment and non-offending parent or parents, caregiver, | 17 | | and their families. | 18 | | "National Children's Alliance" or "NCA" means the | 19 | | professional membership organization dedicated to helping | 20 | | local communities respond to allegations of child abuse in an | 21 | | effective and efficient manner. NCA provides training, | 22 | | support, technical assistance and leadership on a national | 23 | | level to state and local CACs and communities responding to | 24 | | reports of child maltreatment. NCA is the national organization | 25 | | that provides the standards for CAC accreditation. | 26 | | "Protocol" means a written methodology defining the |
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| 1 | | responsibilities of each of the MDT members in the | 2 | | investigation and prosecution of child maltreatment within a | 3 | | defined jurisdiction. Written protocols are signed documents | 4 | | and are reviewed and/or updated annually, at a minimum, by a | 5 | | CAC's Advisory Board.
| 6 | | (Source: P.A. 98-809, eff. 1-1-15; revised 9-28-18.) | 7 | | (55 ILCS 80/4.5 new) | 8 | | Sec. 4.5. Forensic interviews; electronic recordings. | 9 | | (a) Consent is not required for a forensic interview to be | 10 | | electronically recorded. Failure to record does not render a | 11 | | forensic interview inadmissible. | 12 | | (b) A forensic interview, an electronic recording, or a | 13 | | forensic interview transcription or electronic recording is | 14 | | confidential and exempt from public inspection and copying | 15 | | under Section 7.5 of the Freedom of Information Act and may | 16 | | only be viewed by a court, attorneys, investigators, or experts | 17 | | for the purpose of judicial and administrative hearings and | 18 | | shall not be disseminated except pursuant to a court's | 19 | | protective order. | 20 | | (c) Nothing in this Act shall be construed to limit or | 21 | | prohibit electronically recorded forensic interviewing in | 22 | | accordance with Article 14 of the Criminal Code of 2012 or | 23 | | Article 108A or Article 108B of the Code of Criminal Procedure | 24 | | of 1963. ".
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