Full Text of HB2039 103rd General Assembly
HB2039sam002 103RD GENERAL ASSEMBLY | Sen. Karina Villa Filed: 5/4/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2039
| 2 | | AMENDMENT NO. ______. Amend House Bill 2039, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Access to Public Health Data Act. | 7 | | Section 5. Definition. In this Act, "public health data" | 8 | | includes, but is not limited to, birth and death certificate | 9 | | data, hospital discharge data, adverse pregnancy outcomes | 10 | | reporting system (APORS) data, cancer registry data, syndromic | 11 | | surveillance data, and prescription monitoring program (PMP) | 12 | | data. | 13 | | Section 10. Access to public health data; certified local | 14 | | health departments; safeguards.
| 15 | | (a) Notwithstanding any other provision of State law to |
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| 1 | | the contrary, the Department of Public Health, the Department | 2 | | of Human Services, and the Department of Healthcare and Family | 3 | | Services shall, at the request of a certified local health | 4 | | department in this State, make any and all public health data | 5 | | related to residents of that certified local health | 6 | | department's jurisdiction available to that certified local | 7 | | health department for the purposes of preventing or | 8 | | controlling disease, injury, or disability. The commissioner, | 9 | | executive director, chief operating officer, chief medical | 10 | | officer, or equivalent executive leader of a certified local | 11 | | health department has express authority to request and receive | 12 | | such data.
| 13 | | (b) A certified local health department shall have access | 14 | | to data under this Act only for the purposes identified in this | 15 | | Act. The Department of Public Health, the Department of Human | 16 | | Services, the Department of Healthcare and Family Services, | 17 | | and the requesting certified local health department shall | 18 | | protect the privacy and security of data obtained under this | 19 | | Act in accordance with applicable federal and State law and | 20 | | shall apply appropriate administrative, physical, and | 21 | | technical safeguards to ensure the privacy and security of the | 22 | | data and protect the data from unauthorized access, use, or | 23 | | disclosure. Appropriate safeguards include, but are not | 24 | | limited to, authentication and authorization of users prior to | 25 | | gaining access to data obtained under this Act. | 26 | | (c) A certified local health department shall apply |
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| 1 | | appropriate controls to ensure that access to data under this | 2 | | Act is provided on a minimum, necessary basis and limited to | 3 | | only those persons whose public health duties and | 4 | | responsibilities require such access. Any data obtained under | 5 | | this Act and in the possession of a certified local health | 6 | | department shall be exempt from inspection and copying under | 7 | | subsection (pp) of Section 7 of the Freedom of Information | 8 | | Act. Any data obtained under this Act shall not be admissible | 9 | | as evidence nor discoverable in any action of any kind in any | 10 | | court or before any tribunal, board, agency, or person. The | 11 | | access to or disclosure of any information or data by a | 12 | | certified local health department under this Act shall not | 13 | | waive or have any effect upon its nondiscoverability or | 14 | | inadmissibility. The identity of any individual identified in | 15 | | data obtained under this Act shall be confidential and shall | 16 | | not be disclosed publicly or in any action of any kind.
| 17 | | Section 15. Data use agreements. A disclosing State | 18 | | department and the requesting certified local health | 19 | | department shall enter into a data use agreement to ensure | 20 | | appropriate, effective, and efficient use of data obtained | 21 | | under this Act by the certified local health department, | 22 | | though no data use agreement shall, in a manner inconsistent | 23 | | with the purpose or requirements of this Act, impede certified | 24 | | local health department access to any public health data | 25 | | available to the Department of Public Health, the Department |
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| 1 | | of Human Services, or the Department of Healthcare and Family | 2 | | Services, nor shall it require indemnification as a | 3 | | prerequisite to access. Each disclosing State department or | 4 | | agency shall execute a single master data use agreement that | 5 | | includes all data sets and is in accordance with the | 6 | | applicable laws, rules, and regulations pertaining to the | 7 | | specific data being requested. Master data use agreements | 8 | | shall include, at a minimum, data content, format, method of | 9 | | transfer, analytic and statistical methods, scope of use, and | 10 | | requirements for safeguarding the data under State and federal | 11 | | law. Pursuant to 77 Ill. Adm. Code 600.300, the executive | 12 | | officer of each certified local health department shall | 13 | | execute all master data use agreements. The State department | 14 | | or agency may require the names of any authorized users who | 15 | | will access or use the data provided. Each certified local | 16 | | health department shall be required to enter into applicable | 17 | | master data use agreements with each disclosing State | 18 | | department or agency to obtain requested data. Certified local | 19 | | health departments shall not be required to enter into any | 20 | | master data use agreement unless they are requesting subject | 21 | | data. Furthermore, all State departments or agencies shall | 22 | | enter into interdepartmental agreements with other State | 23 | | departments or agencies to share applicable data with eligible | 24 | | certified local health departments if necessary. Any data | 25 | | shared between State departments and agencies that is | 26 | | requested by a certified local health department shall be |
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| 1 | | reviewed and approved by the State department or agency | 2 | | providing the data to ensure that all disclosures are made in | 3 | | accordance with procedures set forth in the data use | 4 | | agreements. | 5 | | Section 20. Latest available data. The Department of | 6 | | Public Health, the Department of Human Services, and the | 7 | | Department of Healthcare and Family Services must provide the | 8 | | latest available data for each certified local health | 9 | | department within 120 business days after completion of the | 10 | | applicable master data use agreement, except to the extent | 11 | | prohibited by current technology. | 12 | | Section 25. Rules. The Department of Public Health, the | 13 | | Department of Human Services, and the Department of Healthcare | 14 | | and Family Services may adopt any rules necessary to implement | 15 | | this Act. | 16 | | Section 900. The Freedom of Information Act is amended by | 17 | | changing Section 7 as follows:
| 18 | | (5 ILCS 140/7)
| 19 | | (Text of Section before amendment by P.A. 102-982 ) | 20 | | Sec. 7. Exemptions.
| 21 | | (1) When a request is made to inspect or copy a public | 22 | | record that contains information that is exempt from |
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| 1 | | disclosure under this Section, but also contains information | 2 | | that is not exempt from disclosure, the public body may elect | 3 | | to redact the information that is exempt. The public body | 4 | | shall make the remaining information available for inspection | 5 | | and copying. Subject to this requirement, the following shall | 6 | | be exempt from inspection and copying:
| 7 | | (a) Information specifically prohibited from | 8 | | disclosure by federal or
State law or rules and | 9 | | regulations implementing federal or State law.
| 10 | | (b) Private information, unless disclosure is required | 11 | | by another provision of this Act, a State or federal law, | 12 | | or a court order. | 13 | | (b-5) Files, documents, and other data or databases | 14 | | maintained by one or more law enforcement agencies and | 15 | | specifically designed to provide information to one or | 16 | | more law enforcement agencies regarding the physical or | 17 | | mental status of one or more individual subjects. | 18 | | (c) Personal information contained within public | 19 | | records, the disclosure of which would constitute a | 20 | | clearly
unwarranted invasion of personal privacy, unless | 21 | | the disclosure is
consented to in writing by the | 22 | | individual subjects of the information. "Unwarranted | 23 | | invasion of personal privacy" means the disclosure of | 24 | | information that is highly personal or objectionable to a | 25 | | reasonable person and in which the subject's right to | 26 | | privacy outweighs any legitimate public interest in |
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| 1 | | obtaining the information. The
disclosure of information | 2 | | that bears on the public duties of public
employees and | 3 | | officials shall not be considered an invasion of personal
| 4 | | privacy.
| 5 | | (d) Records in the possession of any public body | 6 | | created in the course of administrative enforcement
| 7 | | proceedings, and any law enforcement or correctional | 8 | | agency for
law enforcement purposes,
but only to the | 9 | | extent that disclosure would:
| 10 | | (i) interfere with pending or actually and | 11 | | reasonably contemplated
law enforcement proceedings | 12 | | conducted by any law enforcement or correctional
| 13 | | agency that is the recipient of the request;
| 14 | | (ii) interfere with active administrative | 15 | | enforcement proceedings
conducted by the public body | 16 | | that is the recipient of the request;
| 17 | | (iii) create a substantial likelihood that a | 18 | | person will be deprived of a fair trial or an impartial | 19 | | hearing;
| 20 | | (iv) unavoidably disclose the identity of a | 21 | | confidential source, confidential information | 22 | | furnished only by the confidential source, or persons | 23 | | who file complaints with or provide information to | 24 | | administrative, investigative, law enforcement, or | 25 | | penal agencies; except that the identities of | 26 | | witnesses to traffic accidents, traffic accident |
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| 1 | | reports, and rescue reports shall be provided by | 2 | | agencies of local government, except when disclosure | 3 | | would interfere with an active criminal investigation | 4 | | conducted by the agency that is the recipient of the | 5 | | request;
| 6 | | (v) disclose unique or specialized investigative | 7 | | techniques other than
those generally used and known | 8 | | or disclose internal documents of
correctional | 9 | | agencies related to detection, observation , or | 10 | | investigation of
incidents of crime or misconduct, and | 11 | | disclosure would result in demonstrable harm to the | 12 | | agency or public body that is the recipient of the | 13 | | request;
| 14 | | (vi) endanger the life or physical safety of law | 15 | | enforcement personnel
or any other person; or
| 16 | | (vii) obstruct an ongoing criminal investigation | 17 | | by the agency that is the recipient of the request.
| 18 | | (d-5) A law enforcement record created for law | 19 | | enforcement purposes and contained in a shared electronic | 20 | | record management system if the law enforcement agency | 21 | | that is the recipient of the request did not create the | 22 | | record, did not participate in or have a role in any of the | 23 | | events which are the subject of the record, and only has | 24 | | access to the record through the shared electronic record | 25 | | management system. | 26 | | (d-6) Records contained in the Officer Professional |
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| 1 | | Conduct Database under Section 9.2 of the Illinois Police | 2 | | Training Act, except to the extent authorized under that | 3 | | Section. This includes the documents supplied to the | 4 | | Illinois Law Enforcement Training Standards Board from the | 5 | | Illinois State Police and Illinois State Police Merit | 6 | | Board. | 7 | | (e) Records that relate to or affect the security of | 8 | | correctional
institutions and detention facilities.
| 9 | | (e-5) Records requested by persons committed to the | 10 | | Department of Corrections, Department of Human Services | 11 | | Division of Mental Health, or a county jail if those | 12 | | materials are available in the library of the correctional | 13 | | institution or facility or jail where the inmate is | 14 | | confined. | 15 | | (e-6) Records requested by persons committed to the | 16 | | Department of Corrections, Department of Human Services | 17 | | Division of Mental Health, or a county jail if those | 18 | | materials include records from staff members' personnel | 19 | | files, staff rosters, or other staffing assignment | 20 | | information. | 21 | | (e-7) Records requested by persons committed to the | 22 | | Department of Corrections or Department of Human Services | 23 | | Division of Mental Health if those materials are available | 24 | | through an administrative request to the Department of | 25 | | Corrections or Department of Human Services Division of | 26 | | Mental Health. |
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| 1 | | (e-8) Records requested by a person committed to the | 2 | | Department of Corrections, Department of Human Services | 3 | | Division of Mental Health, or a county jail, the | 4 | | disclosure of which would result in the risk of harm to any | 5 | | person or the risk of an escape from a jail or correctional | 6 | | institution or facility. | 7 | | (e-9) Records requested by a person in a county jail | 8 | | or committed to the Department of Corrections or | 9 | | Department of Human Services Division of Mental Health, | 10 | | containing personal information pertaining to the person's | 11 | | victim or the victim's family, including, but not limited | 12 | | to, a victim's home address, home telephone number, work | 13 | | or school address, work telephone number, social security | 14 | | number, or any other identifying information, except as | 15 | | may be relevant to a requester's current or potential case | 16 | | or claim. | 17 | | (e-10) Law enforcement records of other persons | 18 | | requested by a person committed to the Department of | 19 | | Corrections, Department of Human Services Division of | 20 | | Mental Health, or a county jail, including, but not | 21 | | limited to, arrest and booking records, mug shots, and | 22 | | crime scene photographs, except as these records may be | 23 | | relevant to the requester's current or potential case or | 24 | | claim. | 25 | | (f) Preliminary drafts, notes, recommendations, | 26 | | memoranda, and other
records in which opinions are |
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| 1 | | expressed, or policies or actions are
formulated, except | 2 | | that a specific record or relevant portion of a
record | 3 | | shall not be exempt when the record is publicly cited
and | 4 | | identified by the head of the public body. The exemption | 5 | | provided in
this paragraph (f) extends to all those | 6 | | records of officers and agencies
of the General Assembly | 7 | | that pertain to the preparation of legislative
documents.
| 8 | | (g) Trade secrets and commercial or financial | 9 | | information obtained from
a person or business where the | 10 | | trade secrets or commercial or financial information are | 11 | | furnished under a claim that they are
proprietary, | 12 | | privileged, or confidential, and that disclosure of the | 13 | | trade
secrets or commercial or financial information would | 14 | | cause competitive harm to the person or business, and only | 15 | | insofar as the claim directly applies to the records | 16 | | requested. | 17 | | The information included under this exemption includes | 18 | | all trade secrets and commercial or financial information | 19 | | obtained by a public body, including a public pension | 20 | | fund, from a private equity fund or a privately held | 21 | | company within the investment portfolio of a private | 22 | | equity fund as a result of either investing or evaluating | 23 | | a potential investment of public funds in a private equity | 24 | | fund. The exemption contained in this item does not apply | 25 | | to the aggregate financial performance information of a | 26 | | private equity fund, nor to the identity of the fund's |
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| 1 | | managers or general partners. The exemption contained in | 2 | | this item does not apply to the identity of a privately | 3 | | held company within the investment portfolio of a private | 4 | | equity fund, unless the disclosure of the identity of a | 5 | | privately held company may cause competitive harm. | 6 | | Nothing contained in this
paragraph (g) shall be | 7 | | construed to prevent a person or business from
consenting | 8 | | to disclosure.
| 9 | | (h) Proposals and bids for any contract, grant, or | 10 | | agreement, including
information which if it were | 11 | | disclosed would frustrate procurement or give
an advantage | 12 | | to any person proposing to enter into a contractor | 13 | | agreement
with the body, until an award or final selection | 14 | | is made. Information
prepared by or for the body in | 15 | | preparation of a bid solicitation shall be
exempt until an | 16 | | award or final selection is made.
| 17 | | (i) Valuable formulae,
computer geographic systems,
| 18 | | designs, drawings , and research data obtained or
produced | 19 | | by any public body when disclosure could reasonably be | 20 | | expected to
produce private gain or public loss.
The | 21 | | exemption for "computer geographic systems" provided in | 22 | | this paragraph
(i) does not extend to requests made by | 23 | | news media as defined in Section 2 of
this Act when the | 24 | | requested information is not otherwise exempt and the only
| 25 | | purpose of the request is to access and disseminate | 26 | | information regarding the
health, safety, welfare, or |
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| 1 | | legal rights of the general public.
| 2 | | (j) The following information pertaining to | 3 | | educational matters: | 4 | | (i) test questions, scoring keys, and other | 5 | | examination data used to
administer an academic | 6 | | examination;
| 7 | | (ii) information received by a primary or | 8 | | secondary school, college, or university under its | 9 | | procedures for the evaluation of faculty members by | 10 | | their academic peers; | 11 | | (iii) information concerning a school or | 12 | | university's adjudication of student disciplinary | 13 | | cases, but only to the extent that disclosure would | 14 | | unavoidably reveal the identity of the student; and | 15 | | (iv) course materials or research materials used | 16 | | by faculty members. | 17 | | (k) Architects' plans, engineers' technical | 18 | | submissions, and
other
construction related technical | 19 | | documents for
projects not constructed or developed in | 20 | | whole or in part with public funds
and the same for | 21 | | projects constructed or developed with public funds, | 22 | | including, but not limited to, power generating and | 23 | | distribution stations and other transmission and | 24 | | distribution facilities, water treatment facilities, | 25 | | airport facilities, sport stadiums, convention centers, | 26 | | and all government owned, operated, or occupied buildings, |
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| 1 | | but
only to the extent
that disclosure would compromise | 2 | | security.
| 3 | | (l) Minutes of meetings of public bodies closed to the
| 4 | | public as provided in the Open Meetings Act until the | 5 | | public body
makes the minutes available to the public | 6 | | under Section 2.06 of the Open
Meetings Act.
| 7 | | (m) Communications between a public body and an | 8 | | attorney or auditor
representing the public body that | 9 | | would not be subject to discovery in
litigation, and | 10 | | materials prepared or compiled by or for a public body in
| 11 | | anticipation of a criminal, civil, or administrative | 12 | | proceeding upon the
request of an attorney advising the | 13 | | public body, and materials prepared or
compiled with | 14 | | respect to internal audits of public bodies.
| 15 | | (n) Records relating to a public body's adjudication | 16 | | of employee grievances or disciplinary cases; however, | 17 | | this exemption shall not extend to the final outcome of | 18 | | cases in which discipline is imposed.
| 19 | | (o) Administrative or technical information associated | 20 | | with automated
data processing operations, including, but | 21 | | not limited to, software,
operating protocols, computer | 22 | | program abstracts, file layouts, source
listings, object | 23 | | modules, load modules, user guides, documentation
| 24 | | pertaining to all logical and physical design of | 25 | | computerized systems,
employee manuals, and any other | 26 | | information that, if disclosed, would
jeopardize the |
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| 1 | | security of the system or its data or the security of
| 2 | | materials exempt under this Section.
| 3 | | (p) Records relating to collective negotiating matters
| 4 | | between public bodies and their employees or | 5 | | representatives, except that
any final contract or | 6 | | agreement shall be subject to inspection and copying.
| 7 | | (q) Test questions, scoring keys, and other | 8 | | examination data used to determine the qualifications of | 9 | | an applicant for a license or employment.
| 10 | | (r) The records, documents, and information relating | 11 | | to real estate
purchase negotiations until those | 12 | | negotiations have been completed or
otherwise terminated. | 13 | | With regard to a parcel involved in a pending or
actually | 14 | | and reasonably contemplated eminent domain proceeding | 15 | | under the Eminent Domain Act, records, documents, and
| 16 | | information relating to that parcel shall be exempt except | 17 | | as may be
allowed under discovery rules adopted by the | 18 | | Illinois Supreme Court. The
records, documents, and | 19 | | information relating to a real estate sale shall be
exempt | 20 | | until a sale is consummated.
| 21 | | (s) Any and all proprietary information and records | 22 | | related to the
operation of an intergovernmental risk | 23 | | management association or
self-insurance pool or jointly | 24 | | self-administered health and accident
cooperative or pool.
| 25 | | Insurance or self-insurance self insurance (including any | 26 | | intergovernmental risk management association or |
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| 1 | | self-insurance self insurance pool) claims, loss or risk | 2 | | management information, records, data, advice , or | 3 | | communications.
| 4 | | (t) Information contained in or related to | 5 | | examination, operating, or
condition reports prepared by, | 6 | | on behalf of, or for the use of a public
body responsible | 7 | | for the regulation or supervision of financial
| 8 | | institutions, insurance companies, or pharmacy benefit | 9 | | managers, unless disclosure is otherwise
required by State | 10 | | law.
| 11 | | (u) Information that would disclose
or might lead to | 12 | | the disclosure of
secret or confidential information, | 13 | | codes, algorithms, programs, or private
keys intended to | 14 | | be used to create electronic signatures under the Uniform | 15 | | Electronic Transactions Act.
| 16 | | (v) Vulnerability assessments, security measures, and | 17 | | response policies
or plans that are designed to identify, | 18 | | prevent, or respond to potential
attacks upon a | 19 | | community's population or systems, facilities, or | 20 | | installations, but only to the extent that
disclosure | 21 | | could reasonably be expected to expose the vulnerability | 22 | | or jeopardize the effectiveness of the
measures, policies, | 23 | | or plans, or the safety of the personnel who implement | 24 | | them or the public.
Information exempt under this item may | 25 | | include such things as details
pertaining to the | 26 | | mobilization or deployment of personnel or equipment, to |
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| 1 | | the
operation of communication systems or protocols, to | 2 | | cybersecurity vulnerabilities, or to tactical operations.
| 3 | | (w) (Blank). | 4 | | (x) Maps and other records regarding the location or | 5 | | security of generation, transmission, distribution, | 6 | | storage, gathering,
treatment, or switching facilities | 7 | | owned by a utility, by a power generator, or by the | 8 | | Illinois Power Agency.
| 9 | | (y) Information contained in or related to proposals, | 10 | | bids, or negotiations related to electric power | 11 | | procurement under Section 1-75 of the Illinois Power | 12 | | Agency Act and Section 16-111.5 of the Public Utilities | 13 | | Act that is determined to be confidential and proprietary | 14 | | by the Illinois Power Agency or by the Illinois Commerce | 15 | | Commission.
| 16 | | (z) Information about students exempted from | 17 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 18 | | the School Code, and information about undergraduate | 19 | | students enrolled at an institution of higher education | 20 | | exempted from disclosure under Section 25 of the Illinois | 21 | | Credit Card Marketing Act of 2009. | 22 | | (aa) Information the disclosure of which is
exempted | 23 | | under the Viatical Settlements Act of 2009.
| 24 | | (bb) Records and information provided to a mortality | 25 | | review team and records maintained by a mortality review | 26 | | team appointed under the Department of Juvenile Justice |
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| 1 | | Mortality Review Team Act. | 2 | | (cc) Information regarding interments, entombments, or | 3 | | inurnments of human remains that are submitted to the | 4 | | Cemetery Oversight Database under the Cemetery Care Act or | 5 | | the Cemetery Oversight Act, whichever is applicable. | 6 | | (dd) Correspondence and records (i) that may not be | 7 | | disclosed under Section 11-9 of the Illinois Public Aid | 8 | | Code or (ii) that pertain to appeals under Section 11-8 of | 9 | | the Illinois Public Aid Code. | 10 | | (ee) The names, addresses, or other personal | 11 | | information of persons who are minors and are also | 12 | | participants and registrants in programs of park | 13 | | districts, forest preserve districts, conservation | 14 | | districts, recreation agencies, and special recreation | 15 | | associations. | 16 | | (ff) The names, addresses, or other personal | 17 | | information of participants and registrants in programs of | 18 | | park districts, forest preserve districts, conservation | 19 | | districts, recreation agencies, and special recreation | 20 | | associations where such programs are targeted primarily to | 21 | | minors. | 22 | | (gg) Confidential information described in Section | 23 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 24 | | 2012. | 25 | | (hh) The report submitted to the State Board of | 26 | | Education by the School Security and Standards Task Force |
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| 1 | | under item (8) of subsection (d) of Section 2-3.160 of the | 2 | | School Code and any information contained in that report. | 3 | | (ii) Records requested by persons committed to or | 4 | | detained by the Department of Human Services under the | 5 | | Sexually Violent Persons Commitment Act or committed to | 6 | | the Department of Corrections under the Sexually Dangerous | 7 | | Persons Act if those materials: (i) are available in the | 8 | | library of the facility where the individual is confined; | 9 | | (ii) include records from staff members' personnel files, | 10 | | staff rosters, or other staffing assignment information; | 11 | | or (iii) are available through an administrative request | 12 | | to the Department of Human Services or the Department of | 13 | | Corrections. | 14 | | (jj) Confidential information described in Section | 15 | | 5-535 of the Civil Administrative Code of Illinois. | 16 | | (kk) The public body's credit card numbers, debit card | 17 | | numbers, bank account numbers, Federal Employer | 18 | | Identification Number, security code numbers, passwords, | 19 | | and similar account information, the disclosure of which | 20 | | could result in identity theft or impression or defrauding | 21 | | of a governmental entity or a person. | 22 | | (ll) Records concerning the work of the threat | 23 | | assessment team of a school district, including, but not | 24 | | limited to, any threat assessment procedure under the | 25 | | School Safety Drill Act and any information contained in | 26 | | the procedure. |
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| 1 | | (mm) Information prohibited from being disclosed under | 2 | | subsections (a) and (b) of Section 15 of the Student | 3 | | Confidential Reporting Act. | 4 | | (nn) (mm) Proprietary information submitted to the
| 5 | | Environmental Protection Agency under the Drug Take-Back
| 6 | | Act. | 7 | | (oo) (mm) Records described in subsection (f) of | 8 | | Section 3-5-1 of the Unified Code of Corrections. | 9 | | (1.5) Any information exempt from disclosure under the | 10 | | Judicial Privacy Act shall be redacted from public records | 11 | | prior to disclosure under this Act. | 12 | | (2) A public record that is not in the possession of a | 13 | | public body but is in the possession of a party with whom the | 14 | | agency has contracted to perform a governmental function on | 15 | | behalf of the public body, and that directly relates to the | 16 | | governmental function and is not otherwise exempt under this | 17 | | Act, shall be considered a public record of the public body, | 18 | | for purposes of this Act. | 19 | | (3) This Section does not authorize withholding of | 20 | | information or limit the
availability of records to the | 21 | | public, except as stated in this Section or
otherwise provided | 22 | | in this Act.
| 23 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 24 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 25 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 26 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; |
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| 1 | | 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | 2 | | 12-13-22.) | 3 | | (Text of Section after amendment by P.A. 102-982 )
| 4 | | Sec. 7. Exemptions.
| 5 | | (1) When a request is made to inspect or copy a public | 6 | | record that contains information that is exempt from | 7 | | disclosure under this Section, but also contains information | 8 | | that is not exempt from disclosure, the public body may elect | 9 | | to redact the information that is exempt. The public body | 10 | | shall make the remaining information available for inspection | 11 | | and copying. Subject to this requirement, the following shall | 12 | | be exempt from inspection and copying:
| 13 | | (a) Information specifically prohibited from | 14 | | disclosure by federal or
State law or rules and | 15 | | regulations implementing federal or State law.
| 16 | | (b) Private information, unless disclosure is required | 17 | | by another provision of this Act, a State or federal law, | 18 | | or a court order. | 19 | | (b-5) Files, documents, and other data or databases | 20 | | maintained by one or more law enforcement agencies and | 21 | | specifically designed to provide information to one or | 22 | | more law enforcement agencies regarding the physical or | 23 | | mental status of one or more individual subjects. | 24 | | (c) Personal information contained within public | 25 | | records, the disclosure of which would constitute a |
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| 1 | | clearly
unwarranted invasion of personal privacy, unless | 2 | | the disclosure is
consented to in writing by the | 3 | | individual subjects of the information. "Unwarranted | 4 | | invasion of personal privacy" means the disclosure of | 5 | | information that is highly personal or objectionable to a | 6 | | reasonable person and in which the subject's right to | 7 | | privacy outweighs any legitimate public interest in | 8 | | obtaining the information. The
disclosure of information | 9 | | that bears on the public duties of public
employees and | 10 | | officials shall not be considered an invasion of personal
| 11 | | privacy.
| 12 | | (d) Records in the possession of any public body | 13 | | created in the course of administrative enforcement
| 14 | | proceedings, and any law enforcement or correctional | 15 | | agency for
law enforcement purposes,
but only to the | 16 | | extent that disclosure would:
| 17 | | (i) interfere with pending or actually and | 18 | | reasonably contemplated
law enforcement proceedings | 19 | | conducted by any law enforcement or correctional
| 20 | | agency that is the recipient of the request;
| 21 | | (ii) interfere with active administrative | 22 | | enforcement proceedings
conducted by the public body | 23 | | that is the recipient of the request;
| 24 | | (iii) create a substantial likelihood that a | 25 | | person will be deprived of a fair trial or an impartial | 26 | | hearing;
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| 1 | | (iv) unavoidably disclose the identity of a | 2 | | confidential source, confidential information | 3 | | furnished only by the confidential source, or persons | 4 | | who file complaints with or provide information to | 5 | | administrative, investigative, law enforcement, or | 6 | | penal agencies; except that the identities of | 7 | | witnesses to traffic crashes, traffic crash reports, | 8 | | and rescue reports shall be provided by agencies of | 9 | | local government, except when disclosure would | 10 | | interfere with an active criminal investigation | 11 | | conducted by the agency that is the recipient of the | 12 | | request;
| 13 | | (v) disclose unique or specialized investigative | 14 | | techniques other than
those generally used and known | 15 | | or disclose internal documents of
correctional | 16 | | agencies related to detection, observation , or | 17 | | investigation of
incidents of crime or misconduct, and | 18 | | disclosure would result in demonstrable harm to the | 19 | | agency or public body that is the recipient of the | 20 | | request;
| 21 | | (vi) endanger the life or physical safety of law | 22 | | enforcement personnel
or any other person; or
| 23 | | (vii) obstruct an ongoing criminal investigation | 24 | | by the agency that is the recipient of the request.
| 25 | | (d-5) A law enforcement record created for law | 26 | | enforcement purposes and contained in a shared electronic |
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| 1 | | record management system if the law enforcement agency | 2 | | that is the recipient of the request did not create the | 3 | | record, did not participate in or have a role in any of the | 4 | | events which are the subject of the record, and only has | 5 | | access to the record through the shared electronic record | 6 | | management system. | 7 | | (d-6) Records contained in the Officer Professional | 8 | | Conduct Database under Section 9.2 of the Illinois Police | 9 | | Training Act, except to the extent authorized under that | 10 | | Section. This includes the documents supplied to the | 11 | | Illinois Law Enforcement Training Standards Board from the | 12 | | Illinois State Police and Illinois State Police Merit | 13 | | Board. | 14 | | (e) Records that relate to or affect the security of | 15 | | correctional
institutions and detention facilities.
| 16 | | (e-5) Records requested by persons committed to the | 17 | | Department of Corrections, Department of Human Services | 18 | | Division of Mental Health, or a county jail if those | 19 | | materials are available in the library of the correctional | 20 | | institution or facility or jail where the inmate is | 21 | | confined. | 22 | | (e-6) Records requested by persons committed to the | 23 | | Department of Corrections, Department of Human Services | 24 | | Division of Mental Health, or a county jail if those | 25 | | materials include records from staff members' personnel | 26 | | files, staff rosters, or other staffing assignment |
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| 1 | | information. | 2 | | (e-7) Records requested by persons committed to the | 3 | | Department of Corrections or Department of Human Services | 4 | | Division of Mental Health if those materials are available | 5 | | through an administrative request to the Department of | 6 | | Corrections or Department of Human Services Division of | 7 | | Mental Health. | 8 | | (e-8) Records requested by a person committed to the | 9 | | Department of Corrections, Department of Human Services | 10 | | Division of Mental Health, or a county jail, the | 11 | | disclosure of which would result in the risk of harm to any | 12 | | person or the risk of an escape from a jail or correctional | 13 | | institution or facility. | 14 | | (e-9) Records requested by a person in a county jail | 15 | | or committed to the Department of Corrections or | 16 | | Department of Human Services Division of Mental Health, | 17 | | containing personal information pertaining to the person's | 18 | | victim or the victim's family, including, but not limited | 19 | | to, a victim's home address, home telephone number, work | 20 | | or school address, work telephone number, social security | 21 | | number, or any other identifying information, except as | 22 | | may be relevant to a requester's current or potential case | 23 | | or claim. | 24 | | (e-10) Law enforcement records of other persons | 25 | | requested by a person committed to the Department of | 26 | | Corrections, Department of Human Services Division of |
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| 1 | | Mental Health, or a county jail, including, but not | 2 | | limited to, arrest and booking records, mug shots, and | 3 | | crime scene photographs, except as these records may be | 4 | | relevant to the requester's current or potential case or | 5 | | claim. | 6 | | (f) Preliminary drafts, notes, recommendations, | 7 | | memoranda, and other
records in which opinions are | 8 | | expressed, or policies or actions are
formulated, except | 9 | | that a specific record or relevant portion of a
record | 10 | | shall not be exempt when the record is publicly cited
and | 11 | | identified by the head of the public body. The exemption | 12 | | provided in
this paragraph (f) extends to all those | 13 | | records of officers and agencies
of the General Assembly | 14 | | that pertain to the preparation of legislative
documents.
| 15 | | (g) Trade secrets and commercial or financial | 16 | | information obtained from
a person or business where the | 17 | | trade secrets or commercial or financial information are | 18 | | furnished under a claim that they are
proprietary, | 19 | | privileged, or confidential, and that disclosure of the | 20 | | trade
secrets or commercial or financial information would | 21 | | cause competitive harm to the person or business, and only | 22 | | insofar as the claim directly applies to the records | 23 | | requested. | 24 | | The information included under this exemption includes | 25 | | all trade secrets and commercial or financial information | 26 | | obtained by a public body, including a public pension |
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| 1 | | fund, from a private equity fund or a privately held | 2 | | company within the investment portfolio of a private | 3 | | equity fund as a result of either investing or evaluating | 4 | | a potential investment of public funds in a private equity | 5 | | fund. The exemption contained in this item does not apply | 6 | | to the aggregate financial performance information of a | 7 | | private equity fund, nor to the identity of the fund's | 8 | | managers or general partners. The exemption contained in | 9 | | this item does not apply to the identity of a privately | 10 | | held company within the investment portfolio of a private | 11 | | equity fund, unless the disclosure of the identity of a | 12 | | privately held company may cause competitive harm. | 13 | | Nothing contained in this
paragraph (g) shall be | 14 | | construed to prevent a person or business from
consenting | 15 | | to disclosure.
| 16 | | (h) Proposals and bids for any contract, grant, or | 17 | | agreement, including
information which if it were | 18 | | disclosed would frustrate procurement or give
an advantage | 19 | | to any person proposing to enter into a contractor | 20 | | agreement
with the body, until an award or final selection | 21 | | is made. Information
prepared by or for the body in | 22 | | preparation of a bid solicitation shall be
exempt until an | 23 | | award or final selection is made.
| 24 | | (i) Valuable formulae,
computer geographic systems,
| 25 | | designs, drawings , and research data obtained or
produced | 26 | | by any public body when disclosure could reasonably be |
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| 1 | | expected to
produce private gain or public loss.
The | 2 | | exemption for "computer geographic systems" provided in | 3 | | this paragraph
(i) does not extend to requests made by | 4 | | news media as defined in Section 2 of
this Act when the | 5 | | requested information is not otherwise exempt and the only
| 6 | | purpose of the request is to access and disseminate | 7 | | information regarding the
health, safety, welfare, or | 8 | | legal rights of the general public.
| 9 | | (j) The following information pertaining to | 10 | | educational matters: | 11 | | (i) test questions, scoring keys, and other | 12 | | examination data used to
administer an academic | 13 | | examination;
| 14 | | (ii) information received by a primary or | 15 | | secondary school, college, or university under its | 16 | | procedures for the evaluation of faculty members by | 17 | | their academic peers; | 18 | | (iii) information concerning a school or | 19 | | university's adjudication of student disciplinary | 20 | | cases, but only to the extent that disclosure would | 21 | | unavoidably reveal the identity of the student; and | 22 | | (iv) course materials or research materials used | 23 | | by faculty members. | 24 | | (k) Architects' plans, engineers' technical | 25 | | submissions, and
other
construction related technical | 26 | | documents for
projects not constructed or developed in |
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| 1 | | whole or in part with public funds
and the same for | 2 | | projects constructed or developed with public funds, | 3 | | including, but not limited to, power generating and | 4 | | distribution stations and other transmission and | 5 | | distribution facilities, water treatment facilities, | 6 | | airport facilities, sport stadiums, convention centers, | 7 | | and all government owned, operated, or occupied buildings, | 8 | | but
only to the extent
that disclosure would compromise | 9 | | security.
| 10 | | (l) Minutes of meetings of public bodies closed to the
| 11 | | public as provided in the Open Meetings Act until the | 12 | | public body
makes the minutes available to the public | 13 | | under Section 2.06 of the Open
Meetings Act.
| 14 | | (m) Communications between a public body and an | 15 | | attorney or auditor
representing the public body that | 16 | | would not be subject to discovery in
litigation, and | 17 | | materials prepared or compiled by or for a public body in
| 18 | | anticipation of a criminal, civil, or administrative | 19 | | proceeding upon the
request of an attorney advising the | 20 | | public body, and materials prepared or
compiled with | 21 | | respect to internal audits of public bodies.
| 22 | | (n) Records relating to a public body's adjudication | 23 | | of employee grievances or disciplinary cases; however, | 24 | | this exemption shall not extend to the final outcome of | 25 | | cases in which discipline is imposed.
| 26 | | (o) Administrative or technical information associated |
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| 1 | | with automated
data processing operations, including, but | 2 | | not limited to, software,
operating protocols, computer | 3 | | program abstracts, file layouts, source
listings, object | 4 | | modules, load modules, user guides, documentation
| 5 | | pertaining to all logical and physical design of | 6 | | computerized systems,
employee manuals, and any other | 7 | | information that, if disclosed, would
jeopardize the | 8 | | security of the system or its data or the security of
| 9 | | materials exempt under this Section.
| 10 | | (p) Records relating to collective negotiating matters
| 11 | | between public bodies and their employees or | 12 | | representatives, except that
any final contract or | 13 | | agreement shall be subject to inspection and copying.
| 14 | | (q) Test questions, scoring keys, and other | 15 | | examination data used to determine the qualifications of | 16 | | an applicant for a license or employment.
| 17 | | (r) The records, documents, and information relating | 18 | | to real estate
purchase negotiations until those | 19 | | negotiations have been completed or
otherwise terminated. | 20 | | With regard to a parcel involved in a pending or
actually | 21 | | and reasonably contemplated eminent domain proceeding | 22 | | under the Eminent Domain Act, records, documents, and
| 23 | | information relating to that parcel shall be exempt except | 24 | | as may be
allowed under discovery rules adopted by the | 25 | | Illinois Supreme Court. The
records, documents, and | 26 | | information relating to a real estate sale shall be
exempt |
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| 1 | | until a sale is consummated.
| 2 | | (s) Any and all proprietary information and records | 3 | | related to the
operation of an intergovernmental risk | 4 | | management association or
self-insurance pool or jointly | 5 | | self-administered health and accident
cooperative or pool.
| 6 | | Insurance or self-insurance self insurance (including any | 7 | | intergovernmental risk management association or | 8 | | self-insurance self insurance pool) claims, loss or risk | 9 | | management information, records, data, advice , or | 10 | | communications.
| 11 | | (t) Information contained in or related to | 12 | | examination, operating, or
condition reports prepared by, | 13 | | on behalf of, or for the use of a public
body responsible | 14 | | for the regulation or supervision of financial
| 15 | | institutions, insurance companies, or pharmacy benefit | 16 | | managers, unless disclosure is otherwise
required by State | 17 | | law.
| 18 | | (u) Information that would disclose
or might lead to | 19 | | the disclosure of
secret or confidential information, | 20 | | codes, algorithms, programs, or private
keys intended to | 21 | | be used to create electronic signatures under the Uniform | 22 | | Electronic Transactions Act.
| 23 | | (v) Vulnerability assessments, security measures, and | 24 | | response policies
or plans that are designed to identify, | 25 | | prevent, or respond to potential
attacks upon a | 26 | | community's population or systems, facilities, or |
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| 1 | | installations, but only to the extent that
disclosure | 2 | | could reasonably be expected to expose the vulnerability | 3 | | or jeopardize the effectiveness of the
measures, policies, | 4 | | or plans, or the safety of the personnel who implement | 5 | | them or the public.
Information exempt under this item may | 6 | | include such things as details
pertaining to the | 7 | | mobilization or deployment of personnel or equipment, to | 8 | | the
operation of communication systems or protocols, to | 9 | | cybersecurity vulnerabilities, or to tactical operations.
| 10 | | (w) (Blank). | 11 | | (x) Maps and other records regarding the location or | 12 | | security of generation, transmission, distribution, | 13 | | storage, gathering,
treatment, or switching facilities | 14 | | owned by a utility, by a power generator, or by the | 15 | | Illinois Power Agency.
| 16 | | (y) Information contained in or related to proposals, | 17 | | bids, or negotiations related to electric power | 18 | | procurement under Section 1-75 of the Illinois Power | 19 | | Agency Act and Section 16-111.5 of the Public Utilities | 20 | | Act that is determined to be confidential and proprietary | 21 | | by the Illinois Power Agency or by the Illinois Commerce | 22 | | Commission.
| 23 | | (z) Information about students exempted from | 24 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 25 | | the School Code, and information about undergraduate | 26 | | students enrolled at an institution of higher education |
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| 1 | | exempted from disclosure under Section 25 of the Illinois | 2 | | Credit Card Marketing Act of 2009. | 3 | | (aa) Information the disclosure of which is
exempted | 4 | | under the Viatical Settlements Act of 2009.
| 5 | | (bb) Records and information provided to a mortality | 6 | | review team and records maintained by a mortality review | 7 | | team appointed under the Department of Juvenile Justice | 8 | | Mortality Review Team Act. | 9 | | (cc) Information regarding interments, entombments, or | 10 | | inurnments of human remains that are submitted to the | 11 | | Cemetery Oversight Database under the Cemetery Care Act or | 12 | | the Cemetery Oversight Act, whichever is applicable. | 13 | | (dd) Correspondence and records (i) that may not be | 14 | | disclosed under Section 11-9 of the Illinois Public Aid | 15 | | Code or (ii) that pertain to appeals under Section 11-8 of | 16 | | the Illinois Public Aid Code. | 17 | | (ee) The names, addresses, or other personal | 18 | | information of persons who are minors and are also | 19 | | participants and registrants in programs of park | 20 | | districts, forest preserve districts, conservation | 21 | | districts, recreation agencies, and special recreation | 22 | | associations. | 23 | | (ff) The names, addresses, or other personal | 24 | | information of participants and registrants in programs of | 25 | | park districts, forest preserve districts, conservation | 26 | | districts, recreation agencies, and special recreation |
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| 1 | | associations where such programs are targeted primarily to | 2 | | minors. | 3 | | (gg) Confidential information described in Section | 4 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 5 | | 2012. | 6 | | (hh) The report submitted to the State Board of | 7 | | Education by the School Security and Standards Task Force | 8 | | under item (8) of subsection (d) of Section 2-3.160 of the | 9 | | School Code and any information contained in that report. | 10 | | (ii) Records requested by persons committed to or | 11 | | detained by the Department of Human Services under the | 12 | | Sexually Violent Persons Commitment Act or committed to | 13 | | the Department of Corrections under the Sexually Dangerous | 14 | | Persons Act if those materials: (i) are available in the | 15 | | library of the facility where the individual is confined; | 16 | | (ii) include records from staff members' personnel files, | 17 | | staff rosters, or other staffing assignment information; | 18 | | or (iii) are available through an administrative request | 19 | | to the Department of Human Services or the Department of | 20 | | Corrections. | 21 | | (jj) Confidential information described in Section | 22 | | 5-535 of the Civil Administrative Code of Illinois. | 23 | | (kk) The public body's credit card numbers, debit card | 24 | | numbers, bank account numbers, Federal Employer | 25 | | Identification Number, security code numbers, passwords, | 26 | | and similar account information, the disclosure of which |
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| 1 | | could result in identity theft or impression or defrauding | 2 | | of a governmental entity or a person. | 3 | | (ll) Records concerning the work of the threat | 4 | | assessment team of a school district, including, but not | 5 | | limited to, any threat assessment procedure under the | 6 | | School Safety Drill Act and any information contained in | 7 | | the procedure. | 8 | | (mm) Information prohibited from being disclosed under | 9 | | subsections (a) and (b) of Section 15 of the Student | 10 | | Confidential Reporting Act. | 11 | | (nn) (mm) Proprietary information submitted to the
| 12 | | Environmental Protection Agency under the Drug Take-Back
| 13 | | Act. | 14 | | (oo) (mm) Records described in subsection (f) of | 15 | | Section 3-5-1 of the Unified Code of Corrections. | 16 | | (pp) Information obtained by a certified local health | 17 | | department under the Access to Public Health Data Act. | 18 | | (1.5) Any information exempt from disclosure under the | 19 | | Judicial Privacy Act shall be redacted from public records | 20 | | prior to disclosure under this Act. | 21 | | (2) A public record that is not in the possession of a | 22 | | public body but is in the possession of a party with whom the | 23 | | agency has contracted to perform a governmental function on | 24 | | behalf of the public body, and that directly relates to the | 25 | | governmental function and is not otherwise exempt under this | 26 | | Act, shall be considered a public record of the public body, |
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| 1 | | for purposes of this Act. | 2 | | (3) This Section does not authorize withholding of | 3 | | information or limit the
availability of records to the | 4 | | public, except as stated in this Section or
otherwise provided | 5 | | in this Act.
| 6 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 7 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 8 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 9 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | 10 | | 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | 11 | | 6-10-22; revised 12-13-22.) | 12 | | Section 905. The Vital Records Act is amended by changing | 13 | | Section 24 as follows:
| 14 | | (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
| 15 | | Sec. 24. (1) To protect the integrity of vital records, to | 16 | | insure their
proper use, and to insure the efficient and | 17 | | proper administration of the
vital records system, access to | 18 | | vital records, and indexes thereof,
including vital records in | 19 | | the custody of local registrars and county
clerks originating | 20 | | prior to January 1, 1916, is limited to the custodian
and his | 21 | | employees, and then only for administrative purposes, except | 22 | | that
the indexes of those records in the custody of local | 23 | | registrars and county
clerks, originating prior to January 1, | 24 | | 1916, shall be made available to
persons for the purpose of |
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| 1 | | genealogical research. Original, photographic or
| 2 | | microphotographic reproductions of original records of births | 3 | | 100 years old
and older and deaths 50 years old and older, and | 4 | | marriage records 75 years
old and older on file in the State | 5 | | Office of Vital Records and in the
custody of the county clerks | 6 | | may be made available for inspection in the
Illinois State | 7 | | Archives reference area, Illinois Regional Archives
| 8 | | Depositories, and other libraries approved by the Illinois | 9 | | State
Registrar and the Director of the Illinois State | 10 | | Archives, provided that
the photographic or microphotographic | 11 | | copies are made at no cost to the
county or to the State of | 12 | | Illinois. It is unlawful for any custodian to
permit | 13 | | inspection of, or to disclose information contained in, vital
| 14 | | records, or to copy or permit to be copied, all or part of any | 15 | | such record
except as authorized by this Act or regulations | 16 | | adopted pursuant thereto.
| 17 | | (2) The State Registrar of Vital Records, or his agent, | 18 | | and any
municipal, county, multi-county, public health | 19 | | district, or regional health
officer recognized by the | 20 | | Department may examine vital records for the
purpose only of | 21 | | carrying out the public health programs and
responsibilities | 22 | | under his jurisdiction.
| 23 | | (3) The State Registrar of Vital Records, may disclose, or | 24 | | authorize the
disclosure of, data contained in the vital | 25 | | records when deemed essential
for bona fide research purposes | 26 | | which are not for private gain.
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| 1 | | This amendatory Act of 1973 does not apply to any home rule | 2 | | unit.
| 3 | | (4) The State Registrar shall exchange with the
Department | 4 | | of Healthcare and Family Services
information that
may be | 5 | | necessary for the establishment of paternity and the | 6 | | establishment,
modification, and enforcement of child support | 7 | | orders
entered pursuant to the Illinois Public Aid Code, the | 8 | | Illinois
Marriage and Dissolution of Marriage Act, the | 9 | | Non-Support of
Spouse and Children Act, the Non-Support | 10 | | Punishment Act, the Revised Uniform Reciprocal Enforcement of | 11 | | Support
Act, the Uniform Interstate Family Support
Act, the | 12 | | Illinois Parentage Act of 1984, or the Illinois Parentage Act | 13 | | of 2015.
Notwithstanding any provisions in this Act to the
| 14 | | contrary, the State Registrar shall not be liable
to any | 15 | | person for any disclosure of information to the
Department of | 16 | | Healthcare and Family Services (formerly Illinois Department | 17 | | of Public Aid)
under this subsection
or for any
other action | 18 | | taken in good faith to comply with the requirements of this
| 19 | | subsection.
| 20 | | (5) No rule adopted by the Department shall be construed, | 21 | | either explicitly or implicitly, as restricting access to | 22 | | vital records by any municipality, county, multicounty, public | 23 | | health district, or regional health officer recognized by the | 24 | | Department for the purposes described in subsections (2) and | 25 | | (3). | 26 | | (Source: P.A. 99-85, eff. 1-1-16 .)
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| 1 | | Section 995. No acceleration or delay. Where this Act | 2 | | makes changes in a statute that is represented in this Act by | 3 | | text that is not yet or no longer in effect (for example, a | 4 | | Section represented by multiple versions), the use of that | 5 | | text does not accelerate or delay the taking effect of (i) the | 6 | | changes made by this Act or (ii) provisions derived from any | 7 | | other Public Act.
| 8 | | Section 999. Effective date. This Act takes effect January | 9 | | 1, 2024.".
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