State of Illinois
90th General Assembly
Legislation

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90_HB1229enr

      New Act
      5 ILCS 140/7              from Ch. 116, par. 207
      420 ILCS 40/35            from Ch. 111 1/2, par. 210-35
      420 ILCS 45/Act rep.
      420 ILCS 50/Act rep.
          Creates the Radon Industry Licensing Act  to  assess  the
      extent  to  which  radon  and  radon  progeny  are present in
      dwellings  and  other  buildings  and  to  regulate   through
      licensing  requirements persons who detect or reduce radon or
      radon progeny. Sets forth grounds for disciplinary action and
      criminal penalties. Amends the Radiation  Protection  Act  of
      1990  to expand the use of moneys in the Radiation Protection
      Fund  to  include  administration  of  the   Radon   Industry
      Licensing  Act. Repeals the Radon Mitigation Act. Repeals the
      Radon Testing Act on January 1, 1998. Amends the  Freedom  of
      Information Act to change a reference to the Radon Mitigation
      Act. Effective immediately.
                                                    LRB9002065DPccA
HB1229 Enrolled                               LRB9002065DPccA
 1        AN   ACT  creating  the  Radon  Industry  Licensing  Act,
 2    amending and repealing named Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  1.  Short  title.  This  Act may be cited as the
 6    Radon Industry Licensing Act.
 7        Section 5. Legislative declaration. The General  Assembly
 8    declares that it is in the interest of the people of Illinois
 9    to  establish  a  comprehensive  program  for determining the
10    extent to which  radon  and  radon  progeny  are  present  in
11    dwellings and other buildings in Illinois at levels that pose
12    a  potential  risk  to  the  occupants  and  for  determining
13    measures  that  can be taken to reduce and prevent such risk.
14    The General Assembly also finds that public concerns over the
15    dangers from  radon  and  radon  progeny  may  give  rise  to
16    unscrupulous practices that exploit those concerns but do not
17    mitigate  the  dangers  from  radon  and radon progeny. It is
18    therefore declared to be the public policy of this State that
19    in order  to  safeguard  the  health,  property,  and  public
20    welfare  of  its citizens, persons engaged in the business of
21    detecting the presence of radon or radon progeny in dwellings
22    and reducing the presence of radon and radon progeny  in  the
23    indoor  atmosphere  shall  be  regulated by the State through
24    licensing requirements.
25        Section 10. Primary  responsibility  with  Department  of
26    Nuclear   Safety.   The   Department   shall   have   primary
27    responsibility     for     coordination,    oversight,    and
28    implementation of all State functions in  matters  concerning
29    the  presence,  effects, measurement, and mitigation of risks
30    of radon and radon progeny in dwellings and other  buildings.
HB1229 Enrolled             -2-               LRB9002065DPccA
 1    The   Department  of  Natural  Resources,  the  Environmental
 2    Protection Agency, the Department of Public Health, and other
 3    State  agencies  shall  consult  and   cooperate   with   the
 4    Department  as  requested  and  as  necessary  to fulfill the
 5    purposes of this Act.
 6        Section 15. Definitions. As used in this Act, unless  the
 7    context requires otherwise:
 8        (a)  "Department"   means   the  Illinois  Department  of
 9    Nuclear Safety.
10        (b)  "Interfere"  means  to  adversely   or   potentially
11    adversely impact the successful completion of an indoor radon
12    measurement   by   changing   the   radon  or  radon  progeny
13    concentrations or altering  the  performance  of  measurement
14    equipment  or  an indoor radon mitigation system installation
15    or operation.
16        (c)  "Laboratory analysis" means the act  of  determining
17    radon or radon progeny concentrations in air, water, soil, or
18    passive radon testing devices or the act of exposing radon or
19    radon  progeny  devices  to  known concentrations of radon or
20    radon progeny as a compensated service.
21        (d)  "Mitigation" means the act of repairing or  altering
22    a  building or building design for the purpose in whole or in
23    part of reducing the concentration of  radon  in  the  indoor
24    atmosphere.
25        (e)  "Person"   means   an   individual,   firm,   group,
26    association, partnership, joint venture, trust, or government
27    agency or subdivision.
28        (f)  "Radon" means a gaseous radioactive decay product of
29    uranium or thorium.
30        (g)  "Radon  contractor"  or  "contractor" means a person
31    licensed to perform radon or radon progeny mitigation  or  to
32    perform  radon  measurements to detect radon or radon progeny
33    in an indoor atmosphere.
HB1229 Enrolled             -3-               LRB9002065DPccA
 1        (h)  "Radon  progeny"  means  any  combination   of   the
 2    radioactive decay products of radon.
 3        Section 20. General powers.
 4        (a)  The  Department  may undertake projects to determine
 5    whether and to  what  extent  radon  and  radon  progeny  are
 6    present  in  dwellings  and  other buildings, to determine to
 7    what extent their  presence  constitutes  a  risk  to  public
 8    health,  and  to  determine  what  measures  are effective in
 9    reducing and preventing the risk to public health.
10        (b)  In addition to other powers granted under this  Act,
11    the Department is authorized to:
12             (1)  Establish  a  program  for  measuring  radon or
13        radon progeny in dwellings and other buildings.
14             (2)  Conduct surveys and studies in cooperation with
15        the Department of Natural Resources and the Department of
16        Public  Health  to   determine   the   distribution   and
17        concentration  of radon or radon progeny in dwellings and
18        other buildings and the associated  health  risk  and  to
19        evaluate  measures that may be used to mitigate a present
20        or potential health risk.
21             (3)  Enter into dwellings and other  buildings  with
22        the  consent  of  the  owner  or  occupant  to  engage in
23        monitoring  activities  or  to  conduct  remedial  action
24        studies or programs.
25             (4)  Enter into contracts  for  projects  undertaken
26        pursuant to subsection (a).
27             (5)  Enter  into  agreements with other departments,
28        agencies, and subdivisions of the federal government, the
29        State, and units of local government  to  implement  this
30        Act.
31             (6)  Establish training and educational programs.
32             (7)  Apply  for,  accept,  and  use  grants or other
33        financial assistance and accept and use gifts of money or
HB1229 Enrolled             -4-               LRB9002065DPccA
 1        property to implement this Act.
 2             (8)  Provide technical assistance to persons and  to
 3        other     State    departments,    agencies,    political
 4        subdivisions,  units  of  local  government,  and  school
 5        districts.
 6             (9)  Prescribe forms for application for licensure.
 7             (10)  Establish  the  minimum   qualifications   for
 8        licensure,  including  requirements  for  examinations or
 9        performance testing, and issue licenses to persons  found
10        to be qualified.
11             (11)  Conduct  hearings  or  proceedings  to revoke,
12        suspend, or refuse to issue or renew a license.
13             (12)  Adopt  rules  for   the   administration   and
14        enforcement of this Act.
15             (13)  Establish   by   rule   the   application  and
16        inspection fees for the licensing program.
17        Section 25. License  requirement.  Beginning  January  1,
18    1998,  no person shall sell a device or perform a service for
19    compensation  to  detect  the  presence  of  radon  or  radon
20    progeny, perform laboratory analysis, or perform a service to
21    reduce the presence of radon or radon progeny in  the  indoor
22    atmosphere  unless  the  person  has  been  licensed  by  the
23    Department. The application procedures for licensure shall be
24    established  by rule of the Department. This Section does not
25    apply to  persons selling or distributing, but  not  placing,
26    radon  sampling  devices  supplied  by  a  laboratory  if the
27    results of the laboratory analysis are reported  directly  to
28    the owner or occupant of the building sampled.
29        Section  30.  Reporting  of  information.  Within 45 days
30    after testing for radon or radon progeny, a person performing
31    the testing shall report to the  owner  or  occupant  of  the
32    building  the  results of the testing. To the extent that the
HB1229 Enrolled             -5-               LRB9002065DPccA
 1    testing results contain information pertaining to the medical
 2    condition of an identified individual or the level  of  radon
 3    or  radon  progeny  in  an  identified  dwelling, information
 4    obtained by the Department pursuant to  this  Act  is  exempt
 5    from   the   disclosure   requirements   of  the  Freedom  of
 6    Information Act, except that the Department  shall  make  the
 7    information  available  to  the  identified individual or the
 8    owner or occupant on request.
 9        Section 35. Penalties. A person who violates a  provision
10    of  this  Act shall be guilty of a business offense and shall
11    be fined not less than $500 nor  more  than  $1,000  for  the
12    first  offense  and  shall be guilty of a Class A misdemeanor
13    for a subsequent offense. Each day that a violation continues
14    constitutes a separate offense. A  licensed radon  contractor
15    found  guilty of a violation of a provision of this Act shall
16    automatically have his  or  her  license  terminated  by  the
17    Department.
18        Section  40. Interference. No person shall interfere with
19    or cause another person  to  interfere  with  the  successful
20    completion  of  a  radon  measurement  or the installation or
21    operation of a radon mitigation system. This Section  applies
22    to  persons  required  to  be  licensed under this Act and to
23    persons not required to be licensed under this Act.
24        Section  45.  Grounds  for  disciplinary   action.    The
25    Department  may  refuse  to issue or to renew, or may revoke,
26    suspend,  place  on  probation,  reprimand  or   take   other
27    disciplinary  action  as  the  Department  may  deem  proper,
28    including fines not to exceed $1,000 for each violation, with
29    regard  to  any  license  for  any  one or combination of the
30    following causes:
31        (a)  Violation of this Act or its rules.
HB1229 Enrolled             -6-               LRB9002065DPccA
 1        (b)  Conviction of a crime under the laws of  any  United
 2    States  jurisdiction  that  is  a felony or a misdemeanor, an
 3    essential element of which is dishonesty,  or  of  any  crime
 4    that  directly  relates  to  the  practice  of  detecting  or
 5    reducing the presence of radon or radon progeny.
 6        (c)  Making   a  misrepresentation  for  the  purpose  of
 7    obtaining a license.
 8        (d)  Professional incompetence or gross negligence in the
 9    practice of detecting or reducing the presence  of  radon  or
10    radon progeny.
11        (e)  Gross malpractice, prima facie evidence of which may
12    be  a  conviction  or  judgment  of malpractice in a court of
13    competent jurisdiction.
14        (f)  Aiding or assisting another person  in  violating  a
15    provision of this Act or its rules.
16        (g)  Failing,  within  60 days, to provide information in
17    response to a written request made by the Department that has
18    been sent by certified or registered mail to  the  licensee's
19    last known address.
20        (h)  Engaging     in    dishonorable,    unethical,    or
21    unprofessional conduct of  a  character  likely  to  deceive,
22    defraud, or harm the public.
23        (i)  Habitual  or  excessive use or addiction to alcohol,
24    narcotics, stimulants, or any other chemical  agent  or  drug
25    that  results  in  the  inability to practice with reasonable
26    judgment, skill, or safety.
27        (j)  Discipline by another United States jurisdiction  or
28    foreign  nation,  if  at  least  one  of  the grounds for the
29    discipline is the same or substantially equivalent  to  those
30    set forth in this Section.
31        (k)  Directly or indirectly giving to or receiving from a
32    person,  firm,  corporation,  partnership, or association any
33    fee, commission, rebate, or other form of compensation for  a
34    professional service not actually or personally rendered.
HB1229 Enrolled             -7-               LRB9002065DPccA
 1        (l)  A finding by the Department that the licensee, after
 2    having  his or her license placed on probationary status, has
 3    violated the terms of probation.
 4        (m)  Conviction by a  court  of  competent  jurisdiction,
 5    either  within  or outside of this State, of a violation of a
 6    law governing the  practice  of  detecting  or  reducing  the
 7    presence   of  radon  or  radon  progeny  if  the  Department
 8    determines after investigation that the person has  not  been
 9    sufficiently rehabilitated to warrant the public trust.
10        (n)  A  finding by the Department that licensure has been
11    applied for or obtained by fraudulent means.
12        (o)  Practicing or attempting to practice  under  a  name
13    other than the full name as shown on the license or any other
14    authorized name.
15        (p)  Gross  and  willful  overcharging  for  professional
16    services, including filing false statements for collection of
17    fees or moneys for which services are not rendered.
18        (q)  Failure to file a return or to pay the tax, penalty,
19    or  interest  shown  in  a  filed return, or to pay any final
20    assessment of tax, penalty, or interest, as required by a tax
21    Act administered by the Department  of  Revenue,  until  such
22    time as the requirements of any such tax Act are satisfied.
23        (r)  The  Department  shall  deny  an original or renewal
24    license under this Act to a person who has  defaulted  on  an
25    educational loan guaranteed by the Illinois State Scholarship
26    Commission.  However, the Department may issue an original or
27    renewal license if the person in default  has  established  a
28    satisfactory  repayment  record as determined by the Illinois
29    State Scholarship Commission.
30        Section  50.  Summary  suspension.   The   Director   may
31    summarily suspend the license of a radon contractor without a
32    hearing,  simultaneously  with the institution of proceedings
33    for a hearing, if the Director finds that evidence in his  or
HB1229 Enrolled             -8-               LRB9002065DPccA
 1    her  possession indicates that continuation of the contractor
 2    in practice  would  constitute  an  imminent  danger  to  the
 3    public.  If the Director summarily suspends a license without
 4    a hearing, a hearing by the Department shall be  held  within
 5    30  days  after  the  suspension  has  occurred  and shall be
 6    concluded without appreciable delay.
 7        Section 55.  Liability.  The Department and other persons
 8    under contract or agreement with the  Department  under  this
 9    Act,  and their officers, agents, and employees, shall not be
10    liable  for  conduct  in  the  course  of  administering   or
11    enforcing this Act unless the conduct was malicious.
12        Section  60.  Deposit  of  moneys. All moneys received by
13    the Department under this Act shall  be  deposited  into  the
14    Radiation  Protection  Fund  and  are  not refundable. Moneys
15    deposited into the  Fund  may  be  used  by  the  Department,
16    pursuant   to   appropriation,  for  the  administration  and
17    enforcement of this Act.
18        Section 65.  Illinois Administrative Procedure  Act.  The
19    provisions  of  the Illinois Administrative Procedure Act are
20    hereby   expressly   adopted   and   shall   apply   to   all
21    administrative rules and procedures of the  Department  under
22    this   Act,   except   that   Section   5   of  the  Illinois
23    Administrative  Procedure  Act  relating  to  procedures  for
24    rulemaking does  not  apply  to  the  adoption  of  any  rule
25    required   by  federal  law  in  connection  with  which  the
26    Department is precluded from exercising any discretion.
27        Section  70.  Administrative  Review  Law.    All   final
28    administrative  decisions  of  the  Department under this Act
29    shall be subject to judicial review under the  provisions  of
30    the  Administrative  Review  Law  and  its  rules.  The  term
HB1229 Enrolled             -9-               LRB9002065DPccA
 1    "administrative  decision"  is defined as in Section 3-101 of
 2    the Code of Civil Procedure.
 3        Section 75. The Freedom of Information Act is amended  by
 4    changing Section 7 as follows:
 5        (5 ILCS 140/7) (from Ch. 116, par. 207)
 6        Sec. 7.  Exemptions.
 7        (1)  The  following  shall  be exempt from inspection and
 8    copying:
 9             (a)  Information   specifically   prohibited    from
10        disclosure   by   federal  or  State  law  or  rules  and
11        regulations adopted under federal or State law.
12             (b)  Information   that,   if    disclosed,    would
13        constitute  a  clearly  unwarranted  invasion of personal
14        privacy, unless the disclosure is consented to in writing
15        by the  individual  subjects  of  the  information.   The
16        disclosure of information that bears on the public duties
17        of public employees and officials shall not be considered
18        an  invasion  of  personal privacy.  Information exempted
19        under this  subsection  (b)  shall  include  but  is  not
20        limited to:
21                  (i)  files  and personal information maintained
22             with  respect  to  clients,   patients,   residents,
23             students  or  other  individuals  receiving  social,
24             medical,    educational,    vocational,   financial,
25             supervisory or custodial care or  services  directly
26             or   indirectly  from  federal  agencies  or  public
27             bodies;
28                  (ii)  personnel files and personal  information
29             maintained  with respect to employees, appointees or
30             elected officials of any public body  or  applicants
31             for those positions;
32                  (iii)  files     and    personal    information
HB1229 Enrolled             -10-              LRB9002065DPccA
 1             maintained with respect to any applicant, registrant
 2             or licensee by any public body cooperating  with  or
 3             engaged     in    professional    or    occupational
 4             registration, licensure or discipline;
 5                  (iv)  information required of any  taxpayer  in
 6             connection  with the assessment or collection of any
 7             tax unless disclosure is otherwise required by State
 8             statute; and
 9                  (v)  information  revealing  the  identity   of
10             persons   who   file   complaints  with  or  provide
11             information to  administrative,  investigative,  law
12             enforcement  or  penal  agencies; provided, however,
13             that  identification   of   witnesses   to   traffic
14             accidents,  traffic  accident  reports,  and  rescue
15             reports   may  be  provided  by  agencies  of  local
16             government, except in a case for  which  a  criminal
17             investigation  is  ongoing,  without  constituting a
18             clearly unwarranted  per  se  invasion  of  personal
19             privacy under this subsection.
20             (c)  Records   compiled   by  any  public  body  for
21        administrative  enforcement  proceedings  and   any   law
22        enforcement  or  correctional  agency for law enforcement
23        purposes or for internal matters of a  public  body,  but
24        only to the extent that disclosure would:
25                  (i)  interfere  with  pending  or  actually and
26             reasonably contemplated law enforcement  proceedings
27             conducted  by  any  law  enforcement or correctional
28             agency;
29                  (ii)  interfere  with  pending   administrative
30             enforcement  proceedings  conducted  by  any  public
31             body;
32                  (iii)  deprive  a  person of a fair trial or an
33             impartial hearing;
34                  (iv)  unavoidably disclose the  identity  of  a
HB1229 Enrolled             -11-              LRB9002065DPccA
 1             confidential   source  or  confidential  information
 2             furnished only by the confidential source;
 3                  (v)  disclose     unique     or     specialized
 4             investigative techniques other than those  generally
 5             used  and  known  or  disclose internal documents of
 6             correctional   agencies   related   to    detection,
 7             observation  or  investigation of incidents of crime
 8             or misconduct;
 9                  (vi)  constitute  an   invasion   of   personal
10             privacy under subsection (b) of this Section;
11                  (vii)  endanger  the life or physical safety of
12             law enforcement personnel or any other person; or
13                  (viii)  obstruct    an     ongoing     criminal
14             investigation.
15             (d)  Criminal  history record information maintained
16        by State or local criminal justice agencies,  except  the
17        following  which  shall be open for public inspection and
18        copying:
19                  (i)  chronologically     maintained      arrest
20             information,  such  as  traditional  arrest  logs or
21             blotters;
22                  (ii)  the name of a person in the custody of  a
23             law  enforcement  agency  and  the charges for which
24             that person is being held;
25                  (iii)  court records that are public;
26                  (iv)  records  that  are  otherwise   available
27             under State or local law; or
28                  (v)  records  in  which the requesting party is
29             the individual identified, except as provided  under
30             part  (vii)  of  paragraph  (c) of subsection (1) of
31             this Section.
32             "Criminal history  record  information"  means  data
33        identifiable   to   an   individual   and  consisting  of
34        descriptions  or  notations   of   arrests,   detentions,
HB1229 Enrolled             -12-              LRB9002065DPccA
 1        indictments, informations, pre-trial proceedings, trials,
 2        or  other formal events in the criminal justice system or
 3        descriptions or notations of criminal charges  (including
 4        criminal  violations  of  local municipal ordinances) and
 5        the  nature  of  any   disposition   arising   therefrom,
 6        including  sentencing, court or correctional supervision,
 7        rehabilitation and release.  The term does not  apply  to
 8        statistical  records and reports in which individuals are
 9        not identified and from which their  identities  are  not
10        ascertainable,  or  to  information  that is for criminal
11        investigative or intelligence purposes.
12             (e)  Records that relate to or affect  the  security
13        of correctional institutions and detention facilities.
14             (f)  Preliminary   drafts,  notes,  recommendations,
15        memoranda  and  other  records  in  which  opinions   are
16        expressed,  or policies or actions are formulated, except
17        that a specific record or relevant portion  of  a  record
18        shall not be exempt when the record is publicly cited and
19        identified  by the head of the public body. The exemption
20        provided in this  paragraph  (f)  extends  to  all  those
21        records  of officers and agencies of the General Assembly
22        that pertain to the preparation of legislative documents.
23             (g)  Trade  secrets  and  commercial  or   financial
24        information  obtained from a person or business where the
25        trade secrets or information are proprietary,  privileged
26        or confidential, or where disclosure of the trade secrets
27        or  information may cause competitive harm, including all
28        information determined to be confidential  under  Section
29        4002  of  the Technology Advancement and Development Act.
30        Nothing  contained  in  this  paragraph  (g)   shall   be
31        construed to prevent a person or business from consenting
32        to disclosure.
33             (h)  Proposals  and bids for any contract, grant, or
34        agreement,  including  information  which  if   it   were
HB1229 Enrolled             -13-              LRB9002065DPccA
 1        disclosed   would   frustrate   procurement  or  give  an
 2        advantage  to  any  person  proposing  to  enter  into  a
 3        contractor agreement with the body,  until  an  award  or
 4        final  selection is made.  Information prepared by or for
 5        the body in preparation of a bid  solicitation  shall  be
 6        exempt until an award or final selection is made.
 7             (i)  Valuable   formulae,   designs,   drawings  and
 8        research data obtained or produced  by  any  public  body
 9        when  disclosure  could reasonably be expected to produce
10        private gain or public loss.
11             (j)  Test  questions,   scoring   keys   and   other
12        examination   data   used   to   administer  an  academic
13        examination  or  determined  the  qualifications  of   an
14        applicant for a license or employment.
15             (k)  Architects'   plans  and  engineers'  technical
16        submissions for projects not constructed or developed  in
17        whole  or  in  part  with  public  funds and for projects
18        constructed or developed with public funds, to the extent
19        that disclosure would compromise security.
20             (l)  Library   circulation   and    order    records
21        identifying library users with specific materials.
22             (m)  Minutes  of meetings of public bodies closed to
23        the public as provided in the Open Meetings Act until the
24        public body makes the minutes  available  to  the  public
25        under Section 2.06 of the Open Meetings Act.
26             (n)  Communications  between  a  public  body and an
27        attorney or auditor representing  the  public  body  that
28        would  not  be  subject  to  discovery in litigation, and
29        materials prepared or compiled by or for a public body in
30        anticipation  of  a  criminal,  civil  or  administrative
31        proceeding upon the request of an attorney  advising  the
32        public  body,  and  materials  prepared  or compiled with
33        respect to internal audits of public bodies.
34             (o)  Information received by a primary or  secondary
HB1229 Enrolled             -14-              LRB9002065DPccA
 1        school,  college  or  university under its procedures for
 2        the evaluation  of  faculty  members  by  their  academic
 3        peers.
 4             (p)  Administrative    or    technical   information
 5        associated with  automated  data  processing  operations,
 6        including   but   not   limited  to  software,  operating
 7        protocols,  computer  program  abstracts,  file  layouts,
 8        source  listings,  object  modules,  load  modules,  user
 9        guides,  documentation  pertaining  to  all  logical  and
10        physical  design  of   computerized   systems,   employee
11        manuals,  and  any  other information that, if disclosed,
12        would jeopardize the security of the system or  its  data
13        or the security of materials exempt under this Section.
14             (q)  Documents  or  materials relating to collective
15        negotiating  matters  between  public  bodies  and  their
16        employees  or  representatives,  except  that  any  final
17        contract or agreement shall be subject to inspection  and
18        copying.
19             (r)  Drafts,  notes,  recommendations  and memoranda
20        pertaining to the financing and marketing transactions of
21        the public body. The records of ownership,  registration,
22        transfer, and exchange of municipal debt obligations, and
23        of   persons  to  whom  payment  with  respect  to  these
24        obligations is made.
25             (s)  The records, documents and information relating
26        to  real  estate  purchase   negotiations   until   those
27        negotiations have been completed or otherwise terminated.
28        With regard to a parcel involved in a pending or actually
29        and  reasonably  contemplated  eminent  domain proceeding
30        under  Article  VII  of  the  Code  of  Civil  Procedure,
31        records,  documents  and  information  relating  to  that
32        parcel shall be exempt except as  may  be  allowed  under
33        discovery  rules  adopted  by the Illinois Supreme Court.
34        The records, documents and information relating to a real
HB1229 Enrolled             -15-              LRB9002065DPccA
 1        estate sale shall be exempt until a sale is consummated.
 2             (t)  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
 6        pool.
 7             (u)  Information    concerning    a     university's
 8        adjudication   of   student   or  employee  grievance  or
 9        disciplinary cases, to the extent that  disclosure  would
10        reveal  the  identity  of  the  student  or  employee and
11        information concerning any public body's adjudication  of
12        student  or  employee  grievances  or disciplinary cases,
13        except for the final outcome of the cases.
14             (v)  Course materials or research materials used  by
15        faculty members.
16             (w)  Information  related  solely  to  the  internal
17        personnel rules and practices of a public body.
18             (x)  Information   contained   in   or   related  to
19        examination, operating, or condition reports prepared by,
20        on behalf of, or for the use of a public body responsible
21        for  the   regulation   or   supervision   of   financial
22        institutions or insurance companies, unless disclosure is
23        otherwise required by State law.
24             (y)  Information   the   disclosure   of   which  is
25        restricted under Section 5-108 of  the  Public  Utilities
26        Act.
27             (z)  Manuals  or instruction to staff that relate to
28        establishment or collection of liability  for  any  State
29        tax  or that relate to investigations by a public body to
30        determine violation of any criminal law.
31             (aa)  Applications, related documents,  and  medical
32        records    received    by    the    Experimental    Organ
33        Transplantation   Procedures   Board   and  any  and  all
34        documents or other records prepared by  the  Experimental
HB1229 Enrolled             -16-              LRB9002065DPccA
 1        Organ  Transplantation  Procedures  Board  or  its  staff
 2        relating to applications it has received.
 3             (bb)  Insurance  or  self  insurance  (including any
 4        intergovernmental risk  management  association  or  self
 5        insurance   pool)   claims,   loss   or  risk  management
 6        information, records, data, advice or communications.
 7             (cc)  Information and records held by the Department
 8        of  Public  Health  and  its  authorized  representatives
 9        relating  to  known  or  suspected  cases   of   sexually
10        transmissible  disease  or any information the disclosure
11        of  which  is  restricted  under  the  Illinois  Sexually
12        Transmissible Disease Control Act.
13             (dd)  Information  the  disclosure   of   which   is
14        exempted  under  Section  30  7  of  the  Radon  Industry
15        Licensing Mitigation Act.
16             (ee)  Firm  performance evaluations under Section 55
17        of the Architectural,  Engineering,  and  Land  Surveying
18        Qualifications Based Selection Act.
19        (2)  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
22    provided in this Act.
23    (Source: P.A. 87-241; 87-673; 87-895; 88-444.)
24        Section 80. The  Radiation  Protection  Act  of  1990  is
25    amended by changing Section 35 as follows:
26        (420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
27        Sec.  35.  Radiation  Protection Fund; Federal Facilities
28    Compliance Fund.
29        (a)  Except as otherwise provided in subsection (b),  all
30    monies  received  by  the  Department under this Act shall be
31    deposited in the State Treasury and shall be set apart  in  a
32    special  fund to be known as the "Radiation Protection Fund".
HB1229 Enrolled             -17-              LRB9002065DPccA
 1    All monies within the  Radiation  Protection  Fund  shall  be
 2    invested   by   the   State   Treasurer  in  accordance  with
 3    established investment practices.  Interest  earned  by  such
 4    investment  shall  be  returned  to  the Radiation Protection
 5    Fund.  Monies deposited in this fund shall be expended by the
 6    Director  pursuant  to  appropriation  only  to  support  the
 7    activities of the Department under this Act and  as  provided
 8    in the Radon Industry Licensing Act.
 9        (b)  All  moneys  from  the  Federal  Government or other
10    sources, public or private, received by  the  Department  for
11    the  purpose  of  carrying out a State role under the Federal
12    Facility Compliance Act  of  1992  shall  be  set  apart  and
13    deposited   into   a  special  fund  known  as  the  "Federal
14    Facilities Compliance Fund" that is  hereby  created  in  the
15    State  treasury.  Subject to appropriation, the moneys in the
16    Fund shall be used for the purpose of carrying  out  a  State
17    role under the Federal Facility Compliance Act of 1992.
18    (Source: P.A. 87-838; 88-616, eff. 9-9-94.)
19        (420 ILCS 45/Act rep.)
20        Section 85.  The Radon Testing Act is repealed on January
21    1, 1998.
22        (420 ILCS 50/Act rep.)
23        Section 90.  The Radon Mitigation Act is repealed.
24        Section  99.  Effective  date. This Act takes effect upon
25    becoming law.

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