Full Text of SB1373 100th General Assembly
SB1373eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | records received by the Experimental Organ Transplantation | 18 | | Procedures Board and any and all documents or other records | 19 | | prepared by the Experimental Organ Transplantation | 20 | | Procedures Board or its staff relating to applications it | 21 | | has received. | 22 | | (d) Information and records held by the Department of | 23 | | Public Health and its authorized representatives relating |
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| 1 | | to known or suspected cases of sexually transmissible | 2 | | disease or any information the disclosure of which is | 3 | | restricted under the Illinois Sexually Transmissible | 4 | | Disease Control Act. | 5 | | (e) Information the disclosure of which is exempted | 6 | | under Section 30 of the Radon Industry Licensing Act. | 7 | | (f) Firm performance evaluations under Section 55 of | 8 | | the Architectural, Engineering, and Land Surveying | 9 | | Qualifications Based Selection Act. | 10 | | (g) Information the disclosure of which is restricted | 11 | | and exempted under Section 50 of the Illinois Prepaid | 12 | | Tuition Act. | 13 | | (h) Information the disclosure of which is exempted | 14 | | under the State Officials and Employees Ethics Act, and | 15 | | records of any lawfully created State or local inspector | 16 | | general's office that would be exempt if created or | 17 | | obtained by an Executive Inspector General's office under | 18 | | that Act. | 19 | | (i) Information contained in a local emergency energy | 20 | | plan submitted to a municipality in accordance with a local | 21 | | emergency energy plan ordinance that is adopted under | 22 | | Section 11-21.5-5 of the Illinois Municipal Code. | 23 | | (j) Information and data concerning the distribution | 24 | | of surcharge moneys collected and remitted by wireless | 25 | | carriers under the Wireless Emergency Telephone Safety | 26 | | Act. |
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| 1 | | (k) Law enforcement officer identification information | 2 | | or driver identification information compiled by a law | 3 | | enforcement agency or the Department of Transportation | 4 | | under Section 11-212 of the Illinois Vehicle Code. | 5 | | (l) Records and information provided to a residential | 6 | | health care facility resident sexual assault and death | 7 | | review team or the Executive Council under the Abuse | 8 | | Prevention Review Team Act. | 9 | | (m) Information provided to the predatory lending | 10 | | database created pursuant to Article 3 of the Residential | 11 | | Real Property Disclosure Act, except to the extent | 12 | | authorized under that Article. | 13 | | (n) Defense budgets and petitions for certification of | 14 | | compensation and expenses for court appointed trial | 15 | | counsel as provided under Sections 10 and 15 of the Capital | 16 | | Crimes Litigation Act. This subsection (n) shall apply | 17 | | until the conclusion of the trial of the case, even if the | 18 | | prosecution chooses not to pursue the death penalty prior | 19 | | to trial or sentencing. | 20 | | (o) Information that is prohibited from being | 21 | | disclosed under Section 4 of the Illinois Health and | 22 | | Hazardous Substances Registry Act. | 23 | | (p) Security portions of system safety program plans, | 24 | | investigation reports, surveys, schedules, lists, data, or | 25 | | information compiled, collected, or prepared by or for the | 26 | | Illinois Department of Transportation under Sections |
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| 1 | | 2705-300 and 2705-615 of the Department of Transportation | 2 | | Law of the Civil Administrative Code of Illinois, the | 3 | | Regional Transportation Authority under Section 2.11 of | 4 | | the Regional Transportation Authority Act , or the St. Clair | 5 | | County Transit District under the Bi-State Transit Safety | 6 | | Act. | 7 | | (q) Information prohibited from being disclosed by the | 8 | | Personnel Records Review Act. | 9 | | (r) Information prohibited from being disclosed by the | 10 | | Illinois School Student Records Act. | 11 | | (s) Information the disclosure of which is restricted | 12 | | under Section 5-108 of the Public Utilities Act.
| 13 | | (t) All identified or deidentified health information | 14 | | in the form of health data or medical records contained in, | 15 | | stored in, submitted to, transferred by, or released from | 16 | | the Illinois Health Information Exchange, and identified | 17 | | or deidentified health information in the form of health | 18 | | data and medical records of the Illinois Health Information | 19 | | Exchange in the possession of the Illinois Health | 20 | | Information Exchange Authority due to its administration | 21 | | of the Illinois Health Information Exchange. The terms | 22 | | "identified" and "deidentified" shall be given the same | 23 | | meaning as in the Health Insurance Portability and | 24 | | Accountability Act of 1996, Public Law 104-191, or any | 25 | | subsequent amendments thereto, and any regulations | 26 | | promulgated thereunder. |
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| 1 | | (u) Records and information provided to an independent | 2 | | team of experts under Brian's Law. | 3 | | (v) Names and information of people who have applied | 4 | | for or received Firearm Owner's Identification Cards under | 5 | | the Firearm Owners Identification Card Act or applied for | 6 | | or received a concealed carry license under the Firearm | 7 | | Concealed Carry Act, unless otherwise authorized by the | 8 | | Firearm Concealed Carry Act; and databases under the | 9 | | Firearm Concealed Carry Act, records of the Concealed Carry | 10 | | Licensing Review Board under the Firearm Concealed Carry | 11 | | Act, and law enforcement agency objections under the | 12 | | Firearm Concealed Carry Act. | 13 | | (w) Personally identifiable information which is | 14 | | exempted from disclosure under subsection (g) of Section | 15 | | 19.1 of the Toll Highway Act. | 16 | | (x) Information which is exempted from disclosure | 17 | | under Section 5-1014.3 of the Counties Code or Section | 18 | | 8-11-21 of the Illinois Municipal Code. | 19 | | (y) Confidential information under the Adult | 20 | | Protective Services Act and its predecessor enabling | 21 | | statute, the Elder Abuse and Neglect Act, including | 22 | | information about the identity and administrative finding | 23 | | against any caregiver of a verified and substantiated | 24 | | decision of abuse, neglect, or financial exploitation of an | 25 | | eligible adult maintained in the Registry established | 26 | | under Section 7.5 of the Adult Protective Services Act. |
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| 1 | | (z) Records and information provided to a fatality | 2 | | review team or the Illinois Fatality Review Team Advisory | 3 | | Council under Section 15 of the Adult Protective Services | 4 | | Act. | 5 | | (aa) Information which is exempted from disclosure | 6 | | under Section 2.37 of the Wildlife Code. | 7 | | (bb) Information which is or was prohibited from | 8 | | disclosure by the Juvenile Court Act of 1987. | 9 | | (cc) Recordings made under the Law Enforcement | 10 | | Officer-Worn Body Camera Act, except to the extent | 11 | | authorized under that Act. | 12 | | (dd) Information that is prohibited from being | 13 | | disclosed under Section 45 of the Condominium and Common | 14 | | Interest Community Ombudsperson Act. | 15 | | (ee) (dd) Information that is exempted from disclosure | 16 | | under Section 30.1 of the Pharmacy Practice Act. | 17 | | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | 18 | | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | 19 | | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | 20 | | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. | 21 | | 8-19-16; revised 9-1-16.) | 22 | | Section 10. The Department of Transportation Law of the
| 23 | | Civil Administrative Code of Illinois is amended by changing | 24 | | Section 2705-300 and adding Section 2705-615 as follows:
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| 1 | | (20 ILCS 2705/2705-300) (was 20 ILCS 2705/49.18)
| 2 | | Sec. 2705-300. Powers concerning mass transportation. The | 3 | | Department has the power to do the following:
| 4 | | (1) Advise and assist the Governor and the General Assembly | 5 | | in
formulating (i) a mass transportation policy for the State,
| 6 | | (ii)
proposals designed to help meet and resolve special | 7 | | problems of mass
transportation within the State, and (iii) | 8 | | programs of
assistance for the
comprehensive planning, | 9 | | development, and administration of mass
transportation | 10 | | facilities and services.
| 11 | | (2) Appear and participate in proceedings before any | 12 | | federal,
State, or local regulatory agency involving or | 13 | | affecting mass
transportation in the State.
| 14 | | (3) Study mass transportation problems and provide | 15 | | technical
assistance to units of local government.
| 16 | | (4) Encourage experimentation in developing new mass
| 17 | | transportation facilities and services.
| 18 | | (5) Recommend policies, programs, and actions designed to | 19 | | improve
utilization of mass transportation services.
| 20 | | (6) Cooperate with mass transit districts and systems, | 21 | | local
governments, and other State agencies in meeting those | 22 | | problems of air,
noise, and water pollution associated with | 23 | | transportation.
| 24 | | (7) Participate fully in a statewide effort to improve | 25 | | transport
safety , including, but not limited to: .
| 26 | | (A) developing, adopting, and implementing a system |
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| 1 | | safety program standard meeting the compliance | 2 | | requirements of 49 U.S.C. 5329 and 49 CFR Part 674, as now | 3 | | or hereafter amended, for the safety of planned, under | 4 | | construction, or in revenue operation rail fixed guideway | 5 | | systems and the personal security of the systems' | 6 | | passengers and employees; | 7 | | (B) establishing procedures in accordance with 49 | 8 | | U.S.C. 5329 and 49 CFR Part 674 to regulate, investigate, | 9 | | inspect, audit, and enforce all other necessary and | 10 | | incidental functions related to the effectuation of 49 | 11 | | U.S.C. 5329 and 49 CFR Part 674 or other federal law | 12 | | pertaining to public transportation oversight; and | 13 | | (C) requiring the mass transit districts, the Regional | 14 | | Transportation Authority, St. Clair County Transit | 15 | | District, and applicable service boards to comply with the | 16 | | requirements of 49 U.S.C. 5329 and 49 CFR Part 674, as now | 17 | | or hereafter amended. The Department may contract for the | 18 | | services of a qualified consultant to comply with this | 19 | | subsection. | 20 | | The security portion of the system safety program, | 21 | | investigation reports, surveys, schedules, lists, or data | 22 | | compiled, collected, or prepared by or for the Department under | 23 | | this subsection shall not be subject to discovery or admitted | 24 | | into evidence in federal or State court or considered for other | 25 | | purposes in any civil action for damages arising from any | 26 | | matter mentioned or addressed in such reports, surveys, |
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| 1 | | schedules, lists, data, or information. | 2 | | Except for willful or wanton conduct, neither the | 3 | | Department nor its employees, nor the Regional Transportation | 4 | | Authority, nor the St. Clair County Transit District, nor any | 5 | | mass transit district nor service board subject to this | 6 | | Section, nor their respective directors, officers, or | 7 | | employees, shall be held liable in any civil action for any | 8 | | injury to or death of any person or loss of or damage to | 9 | | property for any act, omission, or failure to act under this | 10 | | Section, 49 U.S.C. 5329, 49 CFR Part 659, or 49 CFR Part 674, | 11 | | as now or hereafter amended. | 12 | | (8) Conduct by contract or otherwise technical studies, and
| 13 | | demonstration and development projects which shall be designed | 14 | | to test
and develop methods for increasing public use of mass | 15 | | transportation and
for providing mass transportation in an | 16 | | efficient, coordinated, and
convenient manner.
| 17 | | (9) Make applications for, receive, and make use of
grants
| 18 | | for mass transportation.
| 19 | | (10) Make grants for mass transportation from the | 20 | | Transportation
Fund pursuant to the standards and procedures of | 21 | | Sections
2705-305 and 2705-310.
| 22 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 23 | | (20 ILCS 2705/2705-615 new) | 24 | | Sec. 2705-615. State safety oversight for rail fixed | 25 | | guideway systems. The Department shall develop, adopt, and |
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| 1 | | implement a system safety program standard and establish | 2 | | procedures to comply with 49 U.S.C. 5329 and 49 CFR Part 674 as | 3 | | required under paragraph (7) of Section 2705-300 of the | 4 | | Department of Transportation Law of the Civil Administrative | 5 | | Code of Illinois. | 6 | | Section 15. The Metropolitan Transit Authority Act is | 7 | | amended by changing Section 9b and by adding Section 9c as | 8 | | follows:
| 9 | | (70 ILCS 3605/9b) (from Ch. 111 2/3, par. 309b)
| 10 | | Sec. 9b.
The Authority shall comply with the requirements | 11 | | imposed upon a
Service Board in Sections 4.09(d) and 4.11 of | 12 | | the Regional Transportation
Authority Act and with the | 13 | | requirements of subsection (b) of Section 2.11 of
the Regional | 14 | | Transportation Authority Act. The Authority shall present
| 15 | | evidence that it has complied
with Section 27a of this Act to | 16 | | the Regional Transportation Authority.
| 17 | | (Source: P.A. 90-273, eff. 7-30-97.)
| 18 | | (70 ILCS 3605/9c new) | 19 | | Sec. 9c. State safety oversight for rail fixed guideway | 20 | | systems. The Authority shall comply with the requirements of 49 | 21 | | U.S.C. 5329 as required by the Department of Transportation | 22 | | under paragraph (7) of Section 2705-300 of the Department of | 23 | | Transportation Law of the Civil Administrative Code of |
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| 1 | | Illinois. | 2 | | Section 20. The Regional Transportation Authority Act is | 3 | | amended by changing Section 2.11 as follows:
| 4 | | (70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)
| 5 | | Sec. 2.11. Safety.
| 6 | | (a) The Service Boards may establish, enforce and | 7 | | facilitate
achievement and
maintenance of standards of safety | 8 | | against accidents with respect to public
transportation | 9 | | provided by the Service Boards or by transportation
agencies
| 10 | | pursuant to purchase of service agreements with the Service | 11 | | Boards. The
provisions of general or special orders, rules or | 12 | | regulations issued by the
Illinois Commerce Commission | 13 | | pursuant to Section 57 of "An Act concerning
public utilities", | 14 | | approved June 29, 1921, as amended, which pertain to
public | 15 | | transportation and public transportation facilities of | 16 | | railroads
will continue to apply until the Service Board | 17 | | determines
that different
standards are necessary to protect | 18 | | such health and safety.
| 19 | | (b) (Blank). To the extent required by 49 CFR Part 659 as | 20 | | now or hereafter amended,
the Authority shall develop and adopt | 21 | | a system safety program standard for the
safety of rail fixed | 22 | | guideway systems and the personal security of the systems'
| 23 | | passengers and employees and shall establish procedures for | 24 | | safety and security
reviews, investigations, and oversight |
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| 1 | | reporting. The Authority shall require
the applicable Service | 2 | | Boards to comply with the requirements of 49 CFR Part
659 as | 3 | | now or hereafter amended. The Authority may contract for the | 4 | | services
of a qualified consultant to comply with this | 5 | | subsection.
| 6 | | (c) The security portion of the system safety program, | 7 | | investigation
reports, surveys, schedules, lists, or data | 8 | | compiled, collected, or prepared by
or for the Department of | 9 | | Transportation or the Authority under this subsection, shall | 10 | | not be subject to discovery
or admitted into evidence in | 11 | | federal or State court or considered for other
purposes in any | 12 | | civil action for damages arising from any matter mentioned or
| 13 | | addressed in such reports, surveys, schedules, lists, data, or | 14 | | information.
| 15 | | (d) Neither the Authority nor its directors, officers, or | 16 | | employees , nor any
Service Board subject to this Section nor | 17 | | its directors, officers, or employees , nor a mass transit | 18 | | district nor its directors, officers, or employees
shall be | 19 | | held liable in any civil action for any injury to any person or
| 20 | | property for any acts or omissions or failure to act under this | 21 | | Section or
pursuant to 49 CFR Part 659 , as now or hereafter | 22 | | amended.
| 23 | | (e) The Authority shall comply with all requirements of 49 | 24 | | U.S.C. 5329 as required by the Department of Transportation | 25 | | under paragraph (7) of Section 2705-300 of the Department of | 26 | | Transportation Law of the Civil Administrative Code of |
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| 1 | | Illinois. | 2 | | (Source: P.A. 90-273, eff. 7-30-97.)
| 3 | | (45 ILCS 111/Act rep.) | 4 | | Section 25. The Bi-State Transit Safety Act is repealed. | 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law. |
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