Full Text of HB2643 98th General Assembly
HB2643eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning aging.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Vulnerable Adult Fatality Review Team Act. | 6 | | Section 5. State policy. The following statements are the | 7 | | policy of this State: | 8 | | (a) Both the State and the community maintain a | 9 | | commitment to preventing the abuse, neglect, and financial | 10 | | exploitation of vulnerable adults. This includes a charge | 11 | | to bring perpetrators of crimes against vulnerable adults | 12 | | to justice and prevent untimely deaths in the community.
| 13 | | (b) When a vulnerable adult dies, the response by the | 14 | | community and the State to the death must include an | 15 | | accurate and complete determination of the cause of death, | 16 | | and the development and implementation of measures to | 17 | | prevent future deaths from similar causes.
| 18 | | (c) Multidisciplinary and multi-agency reviews of | 19 | | deaths can assist the State and counties in (i) | 20 | | investigating the deaths of vulnerable adults, (ii) | 21 | | developing a greater understanding of the incidence and | 22 | | causes of pre-mature deaths and the methods for preventing | 23 | | those deaths, and (iii) identifying gaps in services to |
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| 1 | | vulnerable adults.
| 2 | | (d) Access to information regarding the deceased and | 3 | | their families by multidisciplinary and multi-agency | 4 | | vulnerable adult fatality review teams is necessary in | 5 | | order to fulfill their purposes and duties.
| 6 | | Section 10. Definitions. As used in this Act:
| 7 | | (a) "Department" means the Department on Aging.
| 8 | | (b) "Director" means the Director of the Department on | 9 | | Aging.
| 10 | | (c) "Executive Council" means the Illinois Vulnerable | 11 | | Adult Fatality Review Teams Executive Council.
| 12 | | (d) "Review team" means a vulnerable adult fatality review | 13 | | team appointed under this Act.
| 14 | | (e) "Vulnerable adult" means
| 15 | | (1) a person aged 18 through 59 who resides in a | 16 | | domestic living situation and whose physical or mental | 17 | | disability impairs his or her ability to seek or obtain | 18 | | protection from abuse, neglect, or exploitation;
or | 19 | | (2) a person 60 years of age or older who resides in a | 20 | | domestic living situation.
| 21 | | Section 15. Vulnerable adult fatality review teams; | 22 | | establishment.
| 23 | | (a) The Director, in consultation with the Executive | 24 | | Council, law enforcement, and other professionals who work in |
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| 1 | | the field of investigating, treating, or preventing abuse or | 2 | | neglect of vulnerable adults, shall appoint members to a | 3 | | minimum of one review team in each of the Department's 13 | 4 | | planning and service areas. The members of a review team shall | 5 | | be appointed for 2-year terms and shall be eligible for | 6 | | reappointment upon the expiration of the terms. The Director | 7 | | must fill any vacancy in a review team within 60 days after | 8 | | that vacancy occurs.
| 9 | | (b) Each review team shall consist of at least one member | 10 | | from each of the following categories: | 11 | | (1) Physician knowledgeable about abuse and neglect of | 12 | | vulnerable adults.
| 13 | | (2) Representative of the Department.
| 14 | | (3) State's attorney or State's attorney's | 15 | | representative.
| 16 | | (4) Representative of a local law enforcement agency.
| 17 | | (5) Psychologist or psychiatrist.
| 18 | | (6) Representative of a local health department.
| 19 | | (7) Representative of a social service agency | 20 | | providing services for persons 60 years of age or older in | 21 | | domestic living situations.
| 22 | | (8) Representative of a social service or health care | 23 | | agency that provides services to persons with mental | 24 | | illness, in a program whose accreditation to provide such | 25 | | services is recognized by the Office of Mental Health | 26 | | within the Department of Human Services.
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| 1 | | (9) Representative of a social service or health care | 2 | | agency that provides services to persons with | 3 | | developmental disabilities, in a program whose | 4 | | accreditation to provide such services is recognized by the | 5 | | Office of Developmental Disabilities within the Department | 6 | | of Human Services.
| 7 | | (10) Coroner or forensic pathologist.
| 8 | | (11) Representative of a local hospital, trauma | 9 | | center, or provider of emergency medical services.
| 10 | | (12) Representative of the Department of State Police.
| 11 | | (13) Representative of the Area Agency on Aging for the | 12 | | review team's planning and service area. | 13 | | (14) Representative of a forensic unit.
| 14 | | Each review team may make recommendations to the Director | 15 | | concerning additional appointments.
| 16 | | Each review team member must have demonstrated experience | 17 | | and an interest in investigating, treating, or preventing abuse | 18 | | or neglect of vulnerable adults.
| 19 | | (c) Each review team shall select a chairperson from among | 20 | | its members. The chairperson shall also serve on the Illinois | 21 | | Vulnerable Adult Fatality Review Teams Executive Council.
| 22 | | Section 20. Reviews of vulnerable adult deaths.
| 23 | | (a) The review team shall review a case of a death of a | 24 | | vulnerable adult occurring in its planning and service area if: | 25 | | (1) the death involves blunt force trauma or an |
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| 1 | | undetermined manner or suspicious cause of death;
| 2 | | (2) requested by the deceased's attending physician;
| 3 | | (3) referred by a health care provider; or
| 4 | | (4) the vulnerable adult was the subject of an open or | 5 | | closed case from a senior protective services agency, law | 6 | | enforcement agency, or State's Attorney's office that | 7 | | involves alleged or suspected abuse, neglect, or financial | 8 | | exploitation. | 9 | | A review team may also review other cases of deaths of | 10 | | vulnerable adults if the alleged abuse or neglect occurred | 11 | | while the person was residing in a domestic living situation. | 12 | | (b) A review team's purpose in conducting reviews of | 13 | | vulnerable adult deaths is to do all of the following: | 14 | | (1) Assist local agencies in identifying and reviewing | 15 | | suspicious deaths of vulnerable adult victims of alleged, | 16 | | suspected, or substantiated abuse or neglect in domestic | 17 | | living situations.
| 18 | | (2) Facilitate communications between officials | 19 | | responsible for autopsies and inquests and persons | 20 | | involved in reporting or investigating alleged or | 21 | | suspected cases of abuse, neglect, or financial | 22 | | exploitation of vulnerable adults.
| 23 | | (3) Evaluate means by which the death might have been | 24 | | prevented.
| 25 | | (4) Report its findings to appropriate agencies and the | 26 | | Executive Council and make recommendations that may help to |
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| 1 | | reduce the number of vulnerable adult deaths caused by | 2 | | abuse or neglect.
| 3 | | (c) A review team shall meet not less than 6 times a year | 4 | | to discuss cases for its possible review. Each review team, | 5 | | with the advice and consent of the Department, shall establish | 6 | | criteria to be used by review teams in discussing cases of | 7 | | alleged, suspected, or substantiated abuse or neglect of | 8 | | vulnerable adults for review.
| 9 | | Section 25. Review team access to information.
| 10 | | (a) Each entity's or individual's representative on the | 11 | | review team may share with other members of the review team | 12 | | information in the entity's or individual's possession | 13 | | concerning the decedent who is the subject of the review or | 14 | | concerning any person who was in contact with the decedent, as | 15 | | well as any other information deemed by the entity or | 16 | | individual to be pertinent to the review. Any such information | 17 | | shared by an entity's or individual's representative on the | 18 | | review team with other members of the review team is | 19 | | confidential. The intent of this subsection is to permit the | 20 | | disclosure to members of a review team of any information | 21 | | deemed confidential or privileged or prohibited from | 22 | | disclosure by any other provision of law. Release of a | 23 | | confidential communication between domestic violence advocates | 24 | | and a domestic violence victim shall be in accordance with | 25 | | subsection (d) of Section 227 of the Illinois Domestic Violence |
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| 1 | | Act of 1986 which allows for the waiver of privilege afforded | 2 | | to guardians, executors, or administrators of the estate of the | 3 | | domestic violence victim. This provision relating to the | 4 | | release of a confidential communication between domestic | 5 | | violence advocates and a domestic violence victim shall exclude | 6 | | adult protective service providers.
| 7 | | (b) A coroner's or medical examiner's office may share with | 8 | | a review team medical records that have been made available to | 9 | | the coroner's or medical examiner's office in connection with | 10 | | that office's investigation of a death.
| 11 | | Section 30. Public access to information.
| 12 | | (a) Meetings of the review teams and the Executive Council | 13 | | shall be closed to the public. Meetings of the review teams and | 14 | | the Executive Council are not subject to the Open Meetings Act. | 15 | | (b) Records and information provided to a review team and | 16 | | the Executive Council, and records maintained by a team or the | 17 | | Executive Council, are confidential and are not subject to the | 18 | | Freedom of Information Act.
| 19 | | (c) Any document or oral or written communication shared | 20 | | within or produced by a review team relating to a case | 21 | | discussed or reviewed by the review team is confidential, is | 22 | | not subject to discovery or subpoena, and is not admissible as | 23 | | evidence in any civil or criminal proceeding. Those records and | 24 | | information are, however, subject to discovery or a subpoena, | 25 | | and are admissible as evidence, to the extent they are |
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| 1 | | otherwise available to the public.
| 2 | | (d) Any document or oral or written communication provided | 3 | | to a review team by an individual or entity, and created by | 4 | | that individual or entity solely for the use of the review | 5 | | team, is confidential, is not subject to discovery or subpoena, | 6 | | and is not admissible as evidence in any civil or criminal | 7 | | proceeding. Those records and information are, however, | 8 | | subject to discovery or a subpoena, and are admissible as | 9 | | evidence, to the extent they are otherwise available to the | 10 | | public.
| 11 | | (e) Members of a review team and the Executive Council are | 12 | | not subject to examination, in any civil or criminal | 13 | | proceeding, concerning information presented to members of the | 14 | | review team or the Executive Council or opinions formed by | 15 | | members of the review team or the Executive Council based on | 16 | | that information. A person may, however, be examined concerning | 17 | | information provided to a review team or the Executive Council | 18 | | that is otherwise available to the public.
| 19 | | Section 35. Indemnification. The State shall indemnify and | 20 | | hold harmless members of a review team and the Executive | 21 | | Council for all their acts, omissions, decisions, or other | 22 | | conduct arising out of the scope of their service on the review | 23 | | team or Executive Council, except those involving willful or | 24 | | wanton misconduct. The method of providing indemnification | 25 | | shall be as provided in the State Employee Indemnification Act. |
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| 1 | | Section 40. Illinois Vulnerable Adult Fatality Review | 2 | | Teams Executive Council.
| 3 | | (a) The Illinois Vulnerable Adult Fatality Review Teams | 4 | | Executive Council, consisting of the chairpersons of all review | 5 | | teams in Illinois, is the coordinating and oversight body for | 6 | | review teams and activities in Illinois. The vice-chairperson | 7 | | of a review team, as designated by the chairperson, may serve | 8 | | as a back-up member or an alternate member of the Executive | 9 | | Council, if the chairperson of the review team is unavailable | 10 | | to serve on the Executive Council. The Inspector General of the | 11 | | Department, ex officio, is a non-voting member of the Executive | 12 | | Council. The Director may appoint to the Executive Council any | 13 | | ex-officio members deemed necessary. Persons with expertise | 14 | | needed by the Executive Council may be invited to meetings. The | 15 | | Executive Council must select from its members a chairperson | 16 | | and a vice-chairperson, each to serve a 2-year term.
The | 17 | | chairperson or vice-chairperson may be selected to serve | 18 | | additional, subsequent terms. The Executive Council must meet | 19 | | at least 4 times during each calendar year.
| 20 | | (b) The Department must provide or arrange for the staff | 21 | | support necessary for the Executive Council to carry out its | 22 | | duties. The Director, in cooperation and consultation with the | 23 | | Executive Council, shall appoint, reappoint, and remove review | 24 | | team members.
| 25 | | (c) The Executive Council has, but is not limited to, the |
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| 1 | | following duties:
| 2 | | (1) To serve as the voice of review teams in Illinois. | 3 | | (2) To oversee the review teams in order to ensure that | 4 | | the review teams' work is coordinated and in compliance | 5 | | with State statutes and the operating protocol.
| 6 | | (3) To ensure that the data, results, findings, and | 7 | | recommendations of the review teams are adequately used to | 8 | | make any necessary changes to the policies, procedures, and | 9 | | State statutes in order to protect vulnerable adults in a | 10 | | timely manner.
| 11 | | (4) To collaborate with the Department in order to | 12 | | develop any legislation needed to prevent unnecessary | 13 | | deaths of vulnerable adults.
| 14 | | (5) To assist in the development of quarterly and | 15 | | annual reports based on the work and the findings of the | 16 | | review teams.
| 17 | | (6) To ensure that the review teams' review processes | 18 | | are standardized in order to convey data, findings, and | 19 | | recommendations in a usable format.
| 20 | | (7) To serve as a link with review teams throughout the | 21 | | country and to participate in national review team | 22 | | activities.
| 23 | | (8) To develop an annual statewide symposium to update | 24 | | the knowledge and skills of review team members and to | 25 | | promote the exchange of information between review teams.
| 26 | | (9) To provide the review teams with the most current |
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| 1 | | information and practices concerning vulnerable adult | 2 | | death review and related topics.
| 3 | | (10) To perform any other functions necessary to | 4 | | enhance the capability of the review teams to reduce and | 5 | | prevent vulnerable adult fatalities.
| 6 | | (d) The Executive Council shall prepare an annual report, | 7 | | in consultation with the Department, using aggregate data | 8 | | gathered by review teams and using the review teams' | 9 | | recommendations to develop education, prevention, prosecution, | 10 | | or other strategies designed to improve the coordination of | 11 | | services for vulnerable adults and their families. The | 12 | | Executive Council shall send a copy of its annual report to | 13 | | each of the following:
| 14 | | (1) The Governor. | 15 | | (2) The chairperson of each review team in the State. | 16 | | (e) In any instance when a review team does not operate in | 17 | | accordance with established protocol, the Director, in | 18 | | consultation and cooperation with the Executive Council, must | 19 | | take any necessary actions to bring the review team into | 20 | | compliance with the protocol.
| 21 | | Section 45. Database. The Department or another State or | 22 | | county agency, in consultation with coroners, medical | 23 | | examiners, and law enforcement agencies, also may use aggregate | 24 | | data gathered by review teams to create a database of at-risk | 25 | | individuals. |
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| 1 | | Section 50. Administrative rules. The Department shall | 2 | | adopt such rules and regulations as it deems necessary to | 3 | | implement this Act. | 4 | | Section 55. The Open Meetings Act is amended by changing | 5 | | Section 2 as follows:
| 6 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
| 7 | | Sec. 2. Open meetings.
| 8 | | (a) Openness required. All meetings of public
bodies shall | 9 | | be open to the public unless excepted in subsection (c)
and | 10 | | closed in accordance with Section 2a.
| 11 | | (b) Construction of exceptions. The exceptions contained | 12 | | in subsection
(c) are in derogation of the requirement that | 13 | | public bodies
meet in the open, and therefore, the exceptions | 14 | | are to be strictly
construed, extending only to subjects | 15 | | clearly within their scope.
The exceptions authorize but do not | 16 | | require the holding of
a closed meeting to discuss a subject | 17 | | included within an enumerated exception.
| 18 | | (c) Exceptions. A public body may hold closed meetings to | 19 | | consider the
following subjects:
| 20 | | (1) The appointment, employment, compensation, | 21 | | discipline, performance,
or dismissal of specific | 22 | | employees of the public body or legal counsel for
the | 23 | | public body, including hearing
testimony on a complaint |
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| 1 | | lodged against an employee of the public body or
against | 2 | | legal counsel for the public body to determine its | 3 | | validity.
| 4 | | (2) Collective negotiating matters between the public | 5 | | body and its
employees or their representatives, or | 6 | | deliberations concerning salary
schedules for one or more | 7 | | classes of employees.
| 8 | | (3) The selection of a person to fill a public office,
| 9 | | as defined in this Act, including a vacancy in a public | 10 | | office, when the public
body is given power to appoint | 11 | | under law or ordinance, or the discipline,
performance or | 12 | | removal of the occupant of a public office, when the public | 13 | | body
is given power to remove the occupant under law or | 14 | | ordinance.
| 15 | | (4) Evidence or testimony presented in open hearing, or | 16 | | in closed
hearing where specifically authorized by law, to
| 17 | | a quasi-adjudicative body, as defined in this Act, provided | 18 | | that the body
prepares and makes available for public | 19 | | inspection a written decision
setting forth its | 20 | | determinative reasoning.
| 21 | | (5) The purchase or lease of real property for the use | 22 | | of
the public body, including meetings held for the purpose | 23 | | of discussing
whether a particular parcel should be | 24 | | acquired.
| 25 | | (6) The setting of a price for sale or lease of | 26 | | property owned
by the public body.
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| 1 | | (7) The sale or purchase of securities, investments, or | 2 | | investment
contracts. This exception shall not apply to the | 3 | | investment of assets or income of funds deposited into the | 4 | | Illinois Prepaid Tuition Trust Fund.
| 5 | | (8) Security procedures and the use of personnel and
| 6 | | equipment to respond to an actual, a threatened, or a | 7 | | reasonably
potential danger to the safety of employees, | 8 | | students, staff, the public, or
public
property.
| 9 | | (9) Student disciplinary cases.
| 10 | | (10) The placement of individual students in special | 11 | | education
programs and other matters relating to | 12 | | individual students.
| 13 | | (11) Litigation, when an action against, affecting or | 14 | | on behalf of the
particular public body has been filed and | 15 | | is pending before a court or
administrative tribunal, or | 16 | | when the public body finds that an action is
probable or | 17 | | imminent, in which case the basis for the finding shall be
| 18 | | recorded and entered into the minutes of the closed | 19 | | meeting.
| 20 | | (12) The establishment of reserves or settlement of | 21 | | claims as provided
in the Local Governmental and | 22 | | Governmental Employees Tort Immunity Act, if
otherwise the | 23 | | disposition of a claim or potential claim might be
| 24 | | prejudiced, or the review or discussion of claims, loss or | 25 | | risk management
information, records, data, advice or | 26 | | communications from or with respect
to any insurer of the |
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| 1 | | public body or any intergovernmental risk management
| 2 | | association or self insurance pool of which the public body | 3 | | is a member.
| 4 | | (13) Conciliation of complaints of discrimination in | 5 | | the sale or rental
of housing, when closed meetings are | 6 | | authorized by the law or ordinance
prescribing fair housing | 7 | | practices and creating a commission or
administrative | 8 | | agency for their enforcement.
| 9 | | (14) Informant sources, the hiring or assignment of | 10 | | undercover personnel
or equipment, or ongoing, prior or | 11 | | future criminal investigations, when
discussed by a public | 12 | | body with criminal investigatory responsibilities.
| 13 | | (15) Professional ethics or performance when | 14 | | considered by an advisory
body appointed to advise a | 15 | | licensing or regulatory agency on matters
germane to the | 16 | | advisory body's field of competence.
| 17 | | (16) Self evaluation, practices and procedures or | 18 | | professional ethics,
when meeting with a representative of | 19 | | a statewide association of which the
public body is a | 20 | | member.
| 21 | | (17) The recruitment, credentialing, discipline or | 22 | | formal peer review
of physicians or other
health care | 23 | | professionals for a hospital, or
other institution | 24 | | providing medical care, that is operated by the public | 25 | | body.
| 26 | | (18) Deliberations for decisions of the Prisoner |
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| 1 | | Review Board.
| 2 | | (19) Review or discussion of applications received | 3 | | under the
Experimental Organ Transplantation Procedures | 4 | | Act.
| 5 | | (20) The classification and discussion of matters | 6 | | classified as
confidential or continued confidential by | 7 | | the State Government Suggestion Award
Board.
| 8 | | (21) Discussion of minutes of meetings lawfully closed | 9 | | under this Act,
whether for purposes of approval by the | 10 | | body of the minutes or semi-annual
review of the minutes as | 11 | | mandated by Section 2.06.
| 12 | | (22) Deliberations for decisions of the State
| 13 | | Emergency Medical Services Disciplinary
Review Board.
| 14 | | (23) The operation by a municipality of a municipal | 15 | | utility or the
operation of a
municipal power agency or | 16 | | municipal natural gas agency when the
discussion involves | 17 | | (i) contracts relating to the
purchase, sale, or delivery | 18 | | of electricity or natural gas or (ii) the results
or | 19 | | conclusions of load forecast studies.
| 20 | | (24) Meetings of a residential health care facility | 21 | | resident sexual
assault and death review
team or
the | 22 | | Executive
Council under the Abuse Prevention Review
Team | 23 | | Act.
| 24 | | (25) Meetings of an independent team of experts under | 25 | | Brian's Law. | 26 | | (26) Meetings of a mortality review team appointed |
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| 1 | | under the Department of Juvenile Justice Mortality Review | 2 | | Team Act. | 3 | | (27) Confidential information, when discussed by one | 4 | | or more members of an elder abuse fatality review team, | 5 | | designated under Section 15 of the Elder Abuse and Neglect | 6 | | Act, while participating in a review conducted by that team | 7 | | of the death of an elderly person in which abuse or neglect | 8 | | is suspected, alleged, or substantiated; provided that | 9 | | before the review team holds a closed meeting, or closes an | 10 | | open meeting, to discuss the confidential information, | 11 | | each participating review team member seeking to disclose | 12 | | the confidential information in the closed meeting or | 13 | | closed portion of the meeting must state on the record | 14 | | during an open meeting or the open portion of a meeting the | 15 | | nature of the information to be disclosed and the legal | 16 | | basis for otherwise holding that information confidential. | 17 | | (28) Correspondence and records (i) that may not be | 18 | | disclosed under Section 11-9 of the Public Aid Code or (ii) | 19 | | that pertain to appeals under Section 11-8 of the Public | 20 | | Aid Code. | 21 | | (29) Meetings between internal or external auditors | 22 | | and governmental audit committees, finance committees, and | 23 | | their equivalents, when the discussion involves internal | 24 | | control weaknesses, identification of potential fraud risk | 25 | | areas, known or suspected frauds, and fraud interviews | 26 | | conducted in accordance with generally accepted auditing |
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| 1 | | standards of the United States of America. | 2 | | (30) Meetings of a vulnerable adult fatality review | 3 | | team or the Illinois Vulnerable Adult Fatality Review Teams | 4 | | Executive Council under the Vulnerable Adult Fatality | 5 | | Review Team Act. | 6 | | (d) Definitions. For purposes of this Section:
| 7 | | "Employee" means a person employed by a public body whose | 8 | | relationship
with the public body constitutes an | 9 | | employer-employee relationship under
the usual common law | 10 | | rules, and who is not an independent contractor.
| 11 | | "Public office" means a position created by or under the
| 12 | | Constitution or laws of this State, the occupant of which is | 13 | | charged with
the exercise of some portion of the sovereign | 14 | | power of this State. The term
"public office" shall include | 15 | | members of the public body, but it shall not
include | 16 | | organizational positions filled by members thereof, whether
| 17 | | established by law or by a public body itself, that exist to | 18 | | assist the
body in the conduct of its business.
| 19 | | "Quasi-adjudicative body" means an administrative body | 20 | | charged by law or
ordinance with the responsibility to conduct | 21 | | hearings, receive evidence or
testimony and make | 22 | | determinations based
thereon, but does not include
local | 23 | | electoral boards when such bodies are considering petition | 24 | | challenges.
| 25 | | (e) Final action. No final action may be taken at a closed | 26 | | meeting.
Final action shall be preceded by a public recital of |
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| 1 | | the nature of the
matter being considered and other information | 2 | | that will inform the
public of the business being conducted.
| 3 | | (Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10; | 4 | | 96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff. | 5 | | 8-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, | 6 | | eff. 8-1-12.)
| 7 | | Section 60. The Freedom of Information Act is amended by | 8 | | changing Section 7.5 as follows: | 9 | | (5 ILCS 140/7.5) | 10 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 11 | | by the statutes referenced below, the following shall be exempt | 12 | | from inspection and copying: | 13 | | (a) All information determined to be confidential under | 14 | | Section 4002 of the Technology Advancement and Development Act. | 15 | | (b) Library circulation and order records identifying | 16 | | library users with specific materials under the Library Records | 17 | | Confidentiality Act. | 18 | | (c) Applications, related documents, and medical records | 19 | | received by the Experimental Organ Transplantation Procedures | 20 | | Board and any and all documents or other records prepared by | 21 | | the Experimental Organ Transplantation Procedures Board or its | 22 | | staff relating to applications it has received. | 23 | | (d) Information and records held by the Department of | 24 | | Public Health and its authorized representatives relating to |
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| 1 | | known or suspected cases of sexually transmissible disease or | 2 | | any information the disclosure of which is restricted under the | 3 | | Illinois Sexually Transmissible Disease Control Act. | 4 | | (e) Information the disclosure of which is exempted under | 5 | | Section 30 of the Radon Industry Licensing Act. | 6 | | (f) Firm performance evaluations under Section 55 of the | 7 | | Architectural, Engineering, and Land Surveying Qualifications | 8 | | Based Selection Act. | 9 | | (g) Information the disclosure of which is restricted and | 10 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 11 | | (h) Information the disclosure of which is exempted under | 12 | | the State Officials and Employees Ethics Act, and records of | 13 | | any lawfully created State or local inspector general's office | 14 | | that would be exempt if created or obtained by an Executive | 15 | | Inspector General's office under that Act. | 16 | | (i) Information contained in a local emergency energy plan | 17 | | submitted to a municipality in accordance with a local | 18 | | emergency energy plan ordinance that is adopted under Section | 19 | | 11-21.5-5 of the Illinois Municipal Code. | 20 | | (j) Information and data concerning the distribution of | 21 | | surcharge moneys collected and remitted by wireless carriers | 22 | | under the Wireless Emergency Telephone Safety Act. | 23 | | (k) Law enforcement officer identification information or | 24 | | driver identification information compiled by a law | 25 | | enforcement agency or the Department of Transportation under | 26 | | Section 11-212 of the Illinois Vehicle Code. |
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| 1 | | (l) Records and information provided to a residential | 2 | | health care facility resident sexual assault and death review | 3 | | team or the Executive Council under the Abuse Prevention Review | 4 | | Team Act. | 5 | | (m) Information provided to the predatory lending database | 6 | | created pursuant to Article 3 of the Residential Real Property | 7 | | Disclosure Act, except to the extent authorized under that | 8 | | Article. | 9 | | (n) Defense budgets and petitions for certification of | 10 | | compensation and expenses for court appointed trial counsel as | 11 | | provided under Sections 10 and 15 of the Capital Crimes | 12 | | Litigation Act. This subsection (n) shall apply until the | 13 | | conclusion of the trial of the case, even if the prosecution | 14 | | chooses not to pursue the death penalty prior to trial or | 15 | | sentencing. | 16 | | (o) Information that is prohibited from being disclosed | 17 | | under Section 4 of the Illinois Health and Hazardous Substances | 18 | | Registry Act. | 19 | | (p) Security portions of system safety program plans, | 20 | | investigation reports, surveys, schedules, lists, data, or | 21 | | information compiled, collected, or prepared by or for the | 22 | | Regional Transportation Authority under Section 2.11 of the | 23 | | Regional Transportation Authority Act or the St. Clair County | 24 | | Transit District under the Bi-State Transit Safety Act. | 25 | | (q) Information prohibited from being disclosed by the | 26 | | Personnel Records Review Act. |
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| 1 | | (r) Information prohibited from being disclosed by the | 2 | | Illinois School Student Records Act. | 3 | | (s) Information the disclosure of which is restricted under | 4 | | Section 5-108 of the Public Utilities Act.
| 5 | | (t) All identified or deidentified health information in | 6 | | the form of health data or medical records contained in, stored | 7 | | in, submitted to, transferred by, or released from the Illinois | 8 | | Health Information Exchange, and identified or deidentified | 9 | | health information in the form of health data and medical | 10 | | records of the Illinois Health Information Exchange in the | 11 | | possession of the Illinois Health Information Exchange | 12 | | Authority due to its administration of the Illinois Health | 13 | | Information Exchange. The terms "identified" and | 14 | | "deidentified" shall be given the same meaning as in the Health | 15 | | Insurance Accountability and Portability Act of 1996, Public | 16 | | Law 104-191, or any subsequent amendments thereto, and any | 17 | | regulations promulgated thereunder. | 18 | | (u) Records and information provided to an independent team | 19 | | of experts under Brian's Law. | 20 | | (v) Names and information of people who have applied for or | 21 | | received Firearm Owner's Identification Cards under the | 22 | | Firearm Owners Identification Card Act. | 23 | | (w) Personally identifiable information which is exempted | 24 | | from disclosure under subsection (g) of Section 19.1 of the | 25 | | Toll Highway Act. | 26 | | (x) Information which is exempted from disclosure under |
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| 1 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | 2 | | Illinois Municipal Code. | 3 | | (y) Records and information provided to a vulnerable adult | 4 | | fatality review team or the Illinois Vulnerable Adult Fatality | 5 | | Review Teams Executive Council under the Vulnerable Adult | 6 | | Fatality Review Team Act. | 7 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | 8 | | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | 9 | | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | 10 | | eff. 1-1-13.) | 11 | | (320 ILCS 20/15 rep.) | 12 | | Section 65. The Elder Abuse and Neglect Act is amended by | 13 | | repealing Section 15.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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INDEX
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Statutes amended in order of appearance
| | 3 | | New Act | |
| 4 | | 5 ILCS 120/2 | from Ch. 102, par. 42 |
| 5 | | 5 ILCS 140/7.5 | | | 6 | | 320 ILCS 20/15 rep. | |
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