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Public Act 094-0931 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Open Meetings Act is amended by changing | ||||
Section 2 as follows:
| ||||
(5 ILCS 120/2) (from Ch. 102, par. 42)
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Sec. 2. Open meetings.
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(a) Openness required. All meetings of public
bodies shall | ||||
be open to the public unless excepted in subsection (c)
and | ||||
closed in accordance with Section 2a.
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(b) Construction of exceptions. The exceptions contained | ||||
in subsection
(c) are in derogation of the requirement that | ||||
public bodies
meet in the open, and therefore, the exceptions | ||||
are to be strictly
construed, extending only to subjects | ||||
clearly within their scope.
The exceptions authorize but do not | ||||
require the holding of
a closed meeting to discuss a subject | ||||
included within an enumerated exception.
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(c) Exceptions. A public body may hold closed meetings to | ||||
consider the
following subjects:
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(1) The appointment, employment, compensation, | ||||
discipline, performance,
or dismissal of specific | ||||
employees of the public body or legal counsel for
the | ||||
public body, including hearing
testimony on a complaint | ||||
lodged against an employee of the public body or
against | ||||
legal counsel for the public body to determine its | ||||
validity.
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(2) Collective negotiating matters between the public | ||||
body and its
employees or their representatives, or | ||||
deliberations concerning salary
schedules for one or more | ||||
classes of employees.
| ||||
(3) The selection of a person to fill a public office,
| ||||
as defined in this Act, including a vacancy in a public |
office, when the public
body is given power to appoint | ||
under law or ordinance, or the discipline,
performance or | ||
removal of the occupant of a public office, when the public | ||
body
is given power to remove the occupant under law or | ||
ordinance.
| ||
(4) Evidence or testimony presented in open hearing, or | ||
in closed
hearing where specifically authorized by law, to
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a quasi-adjudicative body, as defined in this Act, provided | ||
that the body
prepares and makes available for public | ||
inspection a written decision
setting forth its | ||
determinative reasoning.
| ||
(5) The purchase or lease of real property for the use | ||
of
the public body, including meetings held for the purpose | ||
of discussing
whether a particular parcel should be | ||
acquired.
| ||
(6) The setting of a price for sale or lease of | ||
property owned
by the public body.
| ||
(7) The sale or purchase of securities, investments, or | ||
investment
contracts.
| ||
(8) Security procedures and the use of personnel and
| ||
equipment to respond to an actual, a threatened, or a | ||
reasonably
potential danger to the safety of employees, | ||
students, staff, the public, or
public
property.
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(9) Student disciplinary cases.
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(10) The placement of individual students in special | ||
education
programs and other matters relating to | ||
individual students.
| ||
(11) Litigation, when an action against, affecting or | ||
on behalf of the
particular public body has been filed and | ||
is pending before a court or
administrative tribunal, or | ||
when the public body finds that an action is
probable or | ||
imminent, in which case the basis for the finding shall be
| ||
recorded and entered into the minutes of the closed | ||
meeting.
| ||
(12) The establishment of reserves or settlement of | ||
claims as provided
in the Local Governmental and |
Governmental Employees Tort Immunity Act, if
otherwise the | ||
disposition of a claim or potential claim might be
| ||
prejudiced, or the review or discussion of claims, loss or | ||
risk management
information, records, data, advice or | ||
communications from or with respect
to any insurer of the | ||
public body or any intergovernmental risk management
| ||
association or self insurance pool of which the public body | ||
is a member.
| ||
(13) Conciliation of complaints of discrimination in | ||
the sale or rental
of housing, when closed meetings are | ||
authorized by the law or ordinance
prescribing fair housing | ||
practices and creating a commission or
administrative | ||
agency for their enforcement.
| ||
(14) Informant sources, the hiring or assignment of | ||
undercover personnel
or equipment, or ongoing, prior or | ||
future criminal investigations, when
discussed by a public | ||
body with criminal investigatory responsibilities.
| ||
(15) Professional ethics or performance when | ||
considered by an advisory
body appointed to advise a | ||
licensing or regulatory agency on matters
germane to the | ||
advisory body's field of competence.
| ||
(16) Self evaluation, practices and procedures or | ||
professional ethics,
when meeting with a representative of | ||
a statewide association of which the
public body is a | ||
member.
| ||
(17) The recruitment, credentialing, discipline or | ||
formal peer review
of physicians or other
health care | ||
professionals for a hospital, or
other institution | ||
providing medical care, that is operated by the public | ||
body.
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(18) Deliberations for decisions of the Prisoner | ||
Review Board.
| ||
(19) Review or discussion of applications received | ||
under the
Experimental Organ Transplantation Procedures | ||
Act.
| ||
(20) The classification and discussion of matters |
classified as
confidential or continued confidential by | ||
the State Employees Suggestion Award
Board.
| ||
(21) Discussion of minutes of meetings lawfully closed | ||
under this Act,
whether for purposes of approval by the | ||
body of the minutes or semi-annual
review of the minutes as | ||
mandated by Section 2.06.
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(22) Deliberations for decisions of the State
| ||
Emergency Medical Services Disciplinary
Review Board.
| ||
(23) The operation by a municipality of a municipal | ||
utility or the
operation of a
municipal power agency or | ||
municipal natural gas agency when the
discussion involves | ||
(i) contracts relating to the
purchase, sale, or delivery | ||
of electricity or natural gas or (ii) the results
or | ||
conclusions of load forecast studies.
| ||
(24) Meetings of a residential health care facility | ||
resident sexual
assault and death review
team or
the | ||
Residential Health Care Facility Resident Sexual Assault | ||
and Death Review
Teams Executive
Council under the Abuse | ||
Prevention
Residential Health Care Facility Resident | ||
Sexual Assault and
Death Review
Team Act.
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(d) Definitions. For purposes of this Section:
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"Employee" means a person employed by a public body whose | ||
relationship
with the public body constitutes an | ||
employer-employee relationship under
the usual common law | ||
rules, and who is not an independent contractor.
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"Public office" means a position created by or under the
| ||
Constitution or laws of this State, the occupant of which is | ||
charged with
the exercise of some portion of the sovereign | ||
power of this State. The term
"public office" shall include | ||
members of the public body, but it shall not
include | ||
organizational positions filled by members thereof, whether
| ||
established by law or by a public body itself, that exist to | ||
assist the
body in the conduct of its business.
| ||
"Quasi-adjudicative body" means an administrative body | ||
charged by law or
ordinance with the responsibility to conduct | ||
hearings, receive evidence or
testimony and make |
determinations based
thereon, but does not include
local | ||
electoral boards when such bodies are considering petition | ||
challenges.
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(e) Final action. No final action may be taken at a closed | ||
meeting.
Final action shall be preceded by a public recital of | ||
the nature of the
matter being considered and other information | ||
that will inform the
public of the business being conducted.
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(Source: P.A. 93-57, eff. 7-1-03; 93-79, eff. 7-2-03; 93-422, | ||
eff. 8-5-03;
93-577, eff. 8-21-03; revised 9-8-03.)
| ||
Section 10. The Freedom of Information Act is amended by | ||
changing Section 7 as follows: | ||
(5 ILCS 140/7) (from Ch. 116, par. 207)
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Sec. 7. Exemptions.
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(1) The following shall be exempt from inspection and | ||
copying:
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(a) Information specifically prohibited from | ||
disclosure by federal or
State law or rules and regulations | ||
adopted under federal or State law.
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(b) Information that, if disclosed, would constitute a | ||
clearly
unwarranted invasion of personal privacy, unless | ||
the disclosure is
consented to in writing by the individual | ||
subjects of the information. The
disclosure of information | ||
that bears on the public duties of public
employees and | ||
officials shall not be considered an invasion of personal
| ||
privacy. Information exempted under this subsection (b) | ||
shall include but
is not limited to:
| ||
(i) files and personal information maintained with | ||
respect to
clients, patients, residents, students or | ||
other individuals receiving
social, medical, | ||
educational, vocational, financial, supervisory or
| ||
custodial care or services directly or indirectly from | ||
federal agencies
or public bodies;
| ||
(ii) personnel files and personal information | ||
maintained with
respect to employees, appointees or |
elected officials of any public body or
applicants for | ||
those positions;
| ||
(iii) files and personal information maintained | ||
with respect to any
applicant, registrant or licensee | ||
by any public body cooperating with or
engaged in | ||
professional or occupational registration, licensure | ||
or discipline;
| ||
(iv) information required of any taxpayer in | ||
connection with the
assessment or collection of any tax | ||
unless disclosure is otherwise required
by State | ||
statute;
| ||
(v) information revealing the identity of persons | ||
who file complaints
with or provide information to | ||
administrative, investigative, law enforcement
or | ||
penal agencies; provided, however, that identification | ||
of witnesses to
traffic accidents, traffic accident | ||
reports, and rescue reports may be provided
by agencies | ||
of local government, except in a case for which a | ||
criminal
investigation is ongoing, without | ||
constituting a clearly unwarranted per se
invasion of | ||
personal privacy under this subsection; and
| ||
(vi) the names, addresses, or other personal | ||
information of
participants and registrants in park | ||
district, forest preserve district, and
conservation | ||
district programs.
| ||
(c) Records compiled by any public body for | ||
administrative enforcement
proceedings and any law | ||
enforcement or correctional agency for
law enforcement | ||
purposes or for internal matters of a public body,
but only | ||
to the extent that disclosure would:
| ||
(i) interfere with pending or actually and | ||
reasonably contemplated
law enforcement proceedings | ||
conducted by any law enforcement or correctional
| ||
agency;
| ||
(ii) interfere with pending administrative | ||
enforcement proceedings
conducted by any public body;
|
(iii) deprive a person of a fair trial or an | ||
impartial hearing;
| ||
(iv) unavoidably disclose the identity of a | ||
confidential source or
confidential information | ||
furnished only by the confidential source;
| ||
(v) disclose unique or specialized investigative | ||
techniques other than
those generally used and known or | ||
disclose internal documents of
correctional agencies | ||
related to detection, observation or investigation of
| ||
incidents of crime or misconduct;
| ||
(vi) constitute an invasion of personal privacy | ||
under subsection (b) of
this Section;
| ||
(vii) endanger the life or physical safety of law | ||
enforcement personnel
or any other person; or
| ||
(viii) obstruct an ongoing criminal investigation.
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(d) Criminal history record information maintained by | ||
State or local
criminal justice agencies, except the | ||
following which shall be open for
public inspection and | ||
copying:
| ||
(i) chronologically maintained arrest information, | ||
such as traditional
arrest logs or blotters;
| ||
(ii) the name of a person in the custody of a law | ||
enforcement agency and
the charges for which that | ||
person is being held;
| ||
(iii) court records that are public;
| ||
(iv) records that are otherwise available under | ||
State or local law; or
| ||
(v) records in which the requesting party is the | ||
individual
identified, except as provided under part | ||
(vii) of
paragraph (c) of subsection (1) of this | ||
Section.
| ||
"Criminal history record information" means data | ||
identifiable to an
individual and consisting of | ||
descriptions or notations of arrests,
detentions, | ||
indictments, informations, pre-trial proceedings, trials, | ||
or
other formal events in the criminal justice system or |
descriptions or
notations of criminal charges (including | ||
criminal violations of local
municipal ordinances) and the | ||
nature of any disposition arising therefrom,
including | ||
sentencing, court or correctional supervision, | ||
rehabilitation and
release. The term does not apply to | ||
statistical records and reports in
which individuals are | ||
not identified and from which
their identities are not | ||
ascertainable, or to information that is for
criminal | ||
investigative or intelligence purposes.
| ||
(e) Records that relate to or affect the security of | ||
correctional
institutions and detention facilities.
| ||
(f) Preliminary drafts, notes, recommendations, | ||
memoranda and other
records in which opinions are | ||
expressed, or policies or actions are
formulated, except | ||
that a specific record or relevant portion of a
record | ||
shall not be exempt when the record is publicly cited
and | ||
identified by the head of the public body. The exemption | ||
provided in
this paragraph (f) extends to all those records | ||
of officers and agencies
of the General Assembly that | ||
pertain to the preparation of legislative
documents.
| ||
(g) Trade secrets and commercial or financial | ||
information obtained from
a person or business where the | ||
trade secrets or information are
proprietary, privileged | ||
or confidential, or where disclosure of the trade
secrets | ||
or information may cause competitive harm, including: | ||
(i) All
information determined to be confidential | ||
under Section 4002 of the
Technology Advancement and | ||
Development Act. | ||
(ii) All trade secrets and commercial or financial | ||
information obtained by a public body, including a | ||
public pension fund, from a private equity fund or a | ||
privately held company within the investment portfolio | ||
of a private equity fund as a result of either | ||
investing or evaluating a potential investment of | ||
public funds in a private equity fund. The exemption | ||
contained in this item does not apply to the aggregate |
financial performance information of a private equity | ||
fund, nor to the identity of the fund's managers or | ||
general partners. The exemption contained in this item | ||
does not apply to the identity of a privately held | ||
company within the investment portfolio of a private | ||
equity fund, unless the disclosure of the identity of a | ||
privately held company may cause competitive harm.
| ||
Nothing contained in this
paragraph (g) shall be construed | ||
to prevent a person or business from
consenting to disclosure.
| ||
(h) Proposals and bids for any contract, grant, or | ||
agreement, including
information which if it were | ||
disclosed would frustrate procurement or give
an advantage | ||
to any person proposing to enter into a contractor | ||
agreement
with the body, until an award or final selection | ||
is made. Information
prepared by or for the body in | ||
preparation of a bid solicitation shall be
exempt until an | ||
award or final selection is made.
| ||
(i) Valuable formulae,
computer geographic systems,
| ||
designs, drawings and research data obtained or
produced by | ||
any public body when disclosure could reasonably be | ||
expected to
produce private gain or public loss.
The | ||
exemption for "computer geographic systems" provided in | ||
this paragraph
(i) does not extend to requests made by news | ||
media as defined in Section 2 of
this Act when the | ||
requested information is not otherwise exempt and the only
| ||
purpose of the request is to access and disseminate | ||
information regarding the
health, safety, welfare, or | ||
legal rights of the general public.
| ||
(j) Test questions, scoring keys and other examination | ||
data used to
administer an academic examination or | ||
determined the qualifications of an
applicant for a license | ||
or employment.
| ||
(k) Architects' plans, engineers' technical | ||
submissions, and
other
construction related technical | ||
documents for
projects not constructed or developed in | ||
whole or in part with public funds
and the same for |
projects constructed or developed with public funds, but
| ||
only to the extent
that disclosure would compromise | ||
security, including but not limited to water
treatment | ||
facilities, airport facilities, sport stadiums, convention | ||
centers,
and all government owned, operated, or occupied | ||
buildings.
| ||
(l) Library circulation and order records identifying | ||
library users with
specific materials.
| ||
(m) Minutes of meetings of public bodies closed to the
| ||
public as provided in the Open Meetings Act until the | ||
public body
makes the minutes available to the public under | ||
Section 2.06 of the Open
Meetings Act.
| ||
(n) Communications between a public body and an | ||
attorney or auditor
representing the public body that would | ||
not be subject to discovery in
litigation, and materials | ||
prepared or compiled by or for a public body in
| ||
anticipation of a criminal, civil or administrative | ||
proceeding upon the
request of an attorney advising the | ||
public body, and materials prepared or
compiled with | ||
respect to internal audits of public bodies.
| ||
(o) Information received by a primary or secondary | ||
school, college or
university under its procedures for the | ||
evaluation of faculty members by
their academic peers.
| ||
(p) Administrative or technical information associated | ||
with automated
data processing operations, including but | ||
not limited to software,
operating protocols, computer | ||
program abstracts, file layouts, source
listings, object | ||
modules, load modules, user guides, documentation
| ||
pertaining to all logical and physical design of | ||
computerized systems,
employee manuals, and any other | ||
information that, if disclosed, would
jeopardize the | ||
security of the system or its data or the security of
| ||
materials exempt under this Section.
| ||
(q) Documents or materials relating to collective | ||
negotiating matters
between public bodies and their | ||
employees or representatives, except that
any final |
contract or agreement shall be subject to inspection and | ||
copying.
| ||
(r) Drafts, notes, recommendations and memoranda | ||
pertaining to the
financing and marketing transactions of | ||
the public body. The records of
ownership, registration, | ||
transfer, and exchange of municipal debt
obligations, and | ||
of persons to whom payment with respect to these | ||
obligations
is made.
| ||
(s) The records, documents and information relating to | ||
real estate
purchase negotiations until those negotiations | ||
have been completed or
otherwise terminated. With regard to | ||
a parcel involved in a pending or
actually and reasonably | ||
contemplated eminent domain proceeding under
Article VII | ||
of the Code of Civil Procedure, records, documents and
| ||
information relating to that parcel shall be exempt except | ||
as may be
allowed under discovery rules adopted by the | ||
Illinois Supreme Court. The
records, documents and | ||
information relating to a real estate sale shall be
exempt | ||
until a sale is consummated.
| ||
(t) Any and all proprietary information and records | ||
related to the
operation of an intergovernmental risk | ||
management association or
self-insurance pool or jointly | ||
self-administered health and accident
cooperative or pool.
| ||
(u) Information concerning a university's adjudication | ||
of student or
employee grievance or disciplinary cases, to | ||
the extent that disclosure
would reveal the identity of the | ||
student or employee and information
concerning any public | ||
body's adjudication of student or employee grievances
or | ||
disciplinary cases, except for the final outcome of the | ||
cases.
| ||
(v) Course materials or research materials used by | ||
faculty members.
| ||
(w) Information related solely to the internal | ||
personnel rules and
practices of a public body.
| ||
(x) Information contained in or related to | ||
examination, operating, or
condition reports prepared by, |
on behalf of, or for the use of a public
body responsible | ||
for the regulation or supervision of financial
| ||
institutions or insurance companies, unless disclosure is | ||
otherwise
required by State law.
| ||
(y) Information the disclosure of which is restricted | ||
under Section
5-108 of the Public Utilities Act.
| ||
(z) Manuals or instruction to staff that relate to | ||
establishment or
collection of liability for any State tax | ||
or that relate to investigations
by a public body to | ||
determine violation of any criminal law.
| ||
(aa) Applications, related documents, and medical | ||
records received by
the Experimental Organ Transplantation | ||
Procedures Board and any and all
documents or other records | ||
prepared by the Experimental Organ
Transplantation | ||
Procedures Board or its staff relating to applications
it | ||
has received.
| ||
(bb) Insurance or self insurance (including any | ||
intergovernmental risk
management association or self | ||
insurance pool) claims, loss or risk
management | ||
information, records, data, advice or communications.
| ||
(cc) Information and records held by the Department of | ||
Public Health and
its authorized representatives relating | ||
to known or suspected cases of
sexually transmissible | ||
disease or any information the disclosure of which
is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act.
| ||
(dd) Information the disclosure of which is exempted | ||
under Section 30
of the Radon Industry Licensing Act.
| ||
(ee) Firm performance evaluations under Section 55 of | ||
the
Architectural, Engineering, and Land Surveying | ||
Qualifications Based
Selection Act.
| ||
(ff) Security portions of system safety program plans, | ||
investigation
reports, surveys, schedules, lists, data, or | ||
information compiled, collected,
or prepared by or for the | ||
Regional Transportation Authority under Section 2.11
of | ||
the Regional Transportation Authority Act or the St. Clair |
County Transit
District under the
Bi-State Transit Safety | ||
Act.
| ||
(gg) Information the disclosure of which is restricted | ||
and
exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act.
| ||
(hh) Information the disclosure of which is
exempted | ||
under the State Officials and Employees Ethics Act.
| ||
(ii) Beginning July 1, 1999, information that would | ||
disclose
or might lead to the disclosure of
secret or | ||
confidential information, codes, algorithms, programs, or | ||
private
keys intended to be used to create electronic or | ||
digital signatures under the
Electronic Commerce Security | ||
Act.
| ||
(jj) Information contained in a local emergency energy | ||
plan submitted to
a municipality in accordance with a local | ||
emergency energy plan ordinance that
is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code.
| ||
(kk) Information and data concerning the distribution | ||
of
surcharge moneys collected and remitted by wireless | ||
carriers under the Wireless
Emergency Telephone Safety | ||
Act.
| ||
(ll) Vulnerability assessments, security measures, and | ||
response policies
or plans that are designed to identify, | ||
prevent, or respond to potential
attacks upon a community's | ||
population or systems, facilities, or installations,
the | ||
destruction or contamination of which would constitute a | ||
clear and present
danger to the health or safety of the | ||
community, but only to the extent that
disclosure could | ||
reasonably be expected to jeopardize the effectiveness of | ||
the
measures or the safety of the personnel who implement | ||
them or the public.
Information exempt under this item may | ||
include such things as details
pertaining to the | ||
mobilization or deployment of personnel or equipment, to | ||
the
operation of communication systems or protocols, or to | ||
tactical operations.
| ||
(mm) Maps and other records regarding the location or |
security of a
utility's generation, transmission, | ||
distribution, storage, gathering,
treatment, or switching | ||
facilities.
| ||
(nn) Law enforcement officer identification | ||
information or
driver
identification
information compiled | ||
by a law enforcement agency or the Department of
| ||
Transportation
under Section 11-212 of the Illinois | ||
Vehicle Code.
| ||
(oo) Records and information provided to a residential
| ||
health care
facility resident sexual assault
and death | ||
review team or the Residential Health Care Facility | ||
Resident Sexual
Assault and Death Review Teams Executive | ||
Council under the Abuse Prevention
Residential Health
Care | ||
Facility Resident Sexual Assault and Death Review Team Act.
| ||
(pp) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article.
| ||
(qq)
(pp) Defense budgets and petitions for | ||
certification of compensation and expenses for court | ||
appointed trial counsel as provided under Sections 10 and | ||
15 of the Capital Crimes Litigation Act. This subsection | ||
(qq)
(pp) shall apply until the conclusion of the trial and | ||
appeal of the case, even if the prosecution chooses not to | ||
pursue the death penalty prior to trial or sentencing.
| ||
(2) This Section does not authorize withholding of | ||
information or limit the
availability of records to the public, | ||
except as stated in this Section or
otherwise provided in this | ||
Act.
| ||
(Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, | ||
eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; | ||
93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. | ||
1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; revised | ||
8-29-05.)
| ||
Section 15. The Abuse Prevention Review Team Act is amended |
by changing Sections 5, 15, 20, 25, and 40 and by adding | ||
Sections 45 and 50 as follows:
| ||
(210 ILCS 28/5)
| ||
(Section scheduled to be repealed on July 1, 2006)
| ||
Sec. 5. State policy. The following statements are the | ||
policy of this
State:
| ||
(1) Every nursing home resident is entitled to live in | ||
safety and decency
and
to receive competent and respectful | ||
care that meets the requirements of State
and federal law.
| ||
(2) Responding to sexual assaults of
on nursing home | ||
residents and to
unnecessary nursing home resident deaths | ||
is a State and a community
responsibility.
| ||
(3) When a nursing home resident is sexually assaulted | ||
or dies
unnecessarily,
the response by the State and the | ||
community to the assault or death must
include an accurate | ||
and complete determination of the cause of the assault or
| ||
death and the development and implementation of measures to | ||
prevent future
assaults or deaths from similar causes. The | ||
response may include court action,
including prosecution | ||
of persons who may be responsible for the assault or
death
| ||
and proceedings to protect other residents of the facility | ||
where the resident
lived,
and disciplinary action against | ||
persons who failed to meet their professional
| ||
responsibilities to the resident.
| ||
(4) Professionals from disparate disciplines and | ||
agencies who have
responsibilities for nursing home | ||
residents and expertise that can promote
resident safety | ||
and well-being should share their expertise and knowledge | ||
so
that the goals of determining the causes of sexual | ||
assaults and unnecessary
resident deaths, planning and | ||
providing services to surviving residents, and
preventing | ||
future assaults and unnecessary deaths can be achieved.
| ||
(5) A greater understanding of the incidence and causes | ||
of sexual assaults
against nursing home residents and | ||
unnecessary nursing home resident deaths
is necessary if |
the State is to prevent future assaults and unnecessary | ||
deaths.
| ||
(6) Multi-disciplinary and multi-agency reviews of | ||
sexual assaults against
nursing home residents and | ||
unnecessary nursing home resident deaths can
assist the | ||
State and counties in (i) investigating resident sexual | ||
assaults and
deaths, (ii) developing a greater | ||
understanding of the incidence and causes of
resident | ||
sexual assault and deaths and the methods for preventing | ||
those
assaults and deaths, and (iii) identifying gaps in | ||
services to nursing home
residents.
| ||
(7) Access to information regarding assaulted and | ||
deceased nursing home
residents by multi-disciplinary and | ||
multi-agency nursing home resident sexual
assault and | ||
death review teams is necessary for those teams to fulfill
| ||
achieve their
purposes and duties.
| ||
(Source: P.A. 93-577, eff. 8-21-03.)
| ||
(210 ILCS 28/15)
| ||
(Section scheduled to be repealed on July 1, 2006)
| ||
Sec. 15. Residential health care facility resident sexual | ||
assault and
death review teams;
establishment.
| ||
(a) The Director, in consultation with the Executive | ||
Council and with law
enforcement agencies
and other | ||
professionals who work in the field of investigating, treating, | ||
or
preventing nursing home resident abuse or neglect in each of | ||
the Department's
administrative regions of the State, shall
| ||
appoint members to two
a residential health care facility | ||
resident sexual assault
and death review
teams
team in each | ||
such region
outside
Cook County and to at least one review team | ||
in Cook County . The Director shall appoint more teams if the | ||
Director or the existing teams determine that more teams are | ||
necessary to achieve the purposes of this Act. An Executive | ||
Council shall be organized no later than when at least 4 teams | ||
are formed. The members of a
team shall be appointed for 2-year | ||
staggered terms and shall be eligible for
reappointment
upon |
the expiration of their terms.
| ||
(b) Each review team shall
consist of at least one member | ||
from each of the following categories:
| ||
(1) Geriatrician or other physician knowledgeable | ||
about nursing home
resident abuse and neglect.
| ||
(2) Representative of the Department.
| ||
(3) State's Attorney or State's Attorney's | ||
representative.
| ||
(4) Representative of a local law enforcement agency.
| ||
(5) Representative of the Illinois Attorney General.
| ||
(6) Psychologist or psychiatrist.
| ||
(7) Representative of a local health department.
| ||
(8) Representative of a social service or health care | ||
agency that provides
services to persons with mental | ||
illness, in a program whose accreditation to
provide such | ||
services is recognized by the Office of Mental Health
| ||
within the Department of Human Services.
| ||
(9) Representative of a social service or health care | ||
agency that
provides
services to persons with | ||
developmental disabilities, in a program whose
| ||
accreditation to provide such services is recognized by the | ||
Office of
Developmental Disabilities within the Department | ||
of Human Services.
| ||
(10) Coroner or forensic pathologist.
| ||
(11) Representative of the local sub-state ombudsman.
| ||
(12) Representative of a nursing home resident | ||
advocacy organization.
| ||
(13) Representative of a local hospital, trauma | ||
center, or provider of
emergency medical services.
| ||
(14) Representative of an organization that represents | ||
nursing homes.
| ||
Each review team may make recommendations to the Director | ||
concerning
additional appointments.
Each review team member | ||
must have demonstrated experience and an
interest in | ||
investigating, treating, or preventing nursing home resident | ||
abuse
or
neglect.
|
(c) Each review team shall
select a chairperson from among | ||
its members. The chairperson shall also serve
on the Illinois | ||
Residential Health Care Facility Sexual Assault and Death
| ||
Review Teams Executive
Council.
| ||
(Source: P.A. 93-577, eff. 8-21-03.)
| ||
(210 ILCS 28/20)
| ||
(Section scheduled to be repealed on July 1, 2006)
| ||
Sec. 20. Reviews of nursing home resident sexual assaults | ||
and deaths.
| ||
(a) Every reported case of sexual assault of a nursing home | ||
resident that the Department determined to be valid
is | ||
confirmed shall be reviewed by the
review team for the region | ||
that has primary case management responsibility.
| ||
(b) Every death of a nursing home resident shall be | ||
reviewed by the review
team for
the region that has primary | ||
case management responsibility, if the
deceased resident is one | ||
of the following:
| ||
(1) A person whose death is reviewed by the Department | ||
during any regulatory activity, whether or not there were | ||
any federal or State violations
care the Department found | ||
violated federal or
State standards in the 6 months | ||
preceding the resident's death .
| ||
(2) A person about whose care the Department received a | ||
complaint alleging that the resident's care violated | ||
federal or State standards so as to contribute to the | ||
resident's death.
A person whose care was the subject of a | ||
complaint to the Department
in the 30 days preceding the | ||
resident's death, or after the resident's death. | ||
(3) A resident whose death is referred to the | ||
Department for investigation by a local coroner, medical | ||
examiner, or law enforcement agency.
| ||
A review team may, at its discretion, review other sudden, | ||
unexpected, or
unexplained nursing home resident deaths. The | ||
Department shall bring such deaths to the attention of the | ||
teams when it determines that doing so will help to achieve the |
purposes of this Act.
| ||
(c)
(b) A review team's purpose
in conducting reviews of | ||
resident sexual assaults and deaths is to do the
following:
| ||
(1) Assist in determining the cause and manner of the | ||
resident's assault
or death, when requested.
| ||
(2) Evaluate means, if any, by which the assault or | ||
death might have been
prevented.
| ||
(3) Report its findings to the Director
appropriate | ||
agencies and make recommendations
that may help to reduce | ||
the number of sexual assaults on and unnecessary
deaths of | ||
nursing home residents.
| ||
(4) Promote continuing education for professionals | ||
involved in
investigating, treating, and preventing | ||
nursing home resident abuse and neglect
as a means of | ||
preventing sexual assaults and unnecessary deaths of | ||
nursing
home residents.
| ||
(5) Make specific recommendations to the Director | ||
concerning the
prevention of sexual assaults and | ||
unnecessary deaths of nursing home residents
and the | ||
establishment of protocols for investigating resident | ||
sexual assaults
and
deaths.
| ||
(d)
(c) A review team must review the
a sexual assault or | ||
death cases submitted to it on a quarterly basis. The
as soon | ||
as
practicable
and not later than 90 days following the | ||
completion by the Department of the
investigation of the | ||
assault or death under the Nursing Home Care Act. When
there | ||
has been no investigation by the Department, the review team | ||
must review
a sexual assault or death within 90 days after | ||
obtaining the information
necessary to complete the review from | ||
the coroner, pathologist, medical
examiner, or law enforcement | ||
agency, depending on the nature of the case. A
review team must | ||
meet at least once in each calendar quarter if there are cases | ||
to be reviewed. The Department shall forward cases pursuant to | ||
subsections (a) and (b) of this Section within 120 days after | ||
completion of the investigation .
| ||
(e)
(d) Within 90 days after receiving recommendations
made |
by a review team under item (5) of subsection (c)
(b) , the | ||
Director must
review those recommendations and respond to the | ||
review team. The Director shall
implement
recommendations as | ||
feasible and appropriate and shall respond to the review
team | ||
in writing to
explain the implementation or nonimplementation | ||
of the recommendations.
| ||
(f)
(e) In any instance when a review team does not operate | ||
in accordance with
established protocol, the Director, in | ||
consultation and cooperation with the
Executive Council, must | ||
take any necessary actions to bring the review team
into | ||
compliance with the protocol.
| ||
(Source: P.A. 93-577, eff. 8-21-03.)
| ||
(210 ILCS 28/25)
| ||
(Section scheduled to be repealed on July 1, 2006)
| ||
Sec. 25. Review team access to information.
| ||
(a) The Department shall provide to a
review team, on the | ||
request of the review team chairperson, all
records and | ||
information in the Department's possession that are relevant to
| ||
the review team's review of a sexual assault or death described | ||
in subsection (b) of Section 20 , including records and
| ||
information concerning previous reports or investigations of | ||
suspected
abuse or neglect.
| ||
(b) A review team shall have access to all records and | ||
information
that are relevant to its review of a sexual assault | ||
or death and in the
possession of a State or local governmental | ||
agency. These records and
information include, without | ||
limitation, death certificates, all relevant
medical and | ||
mental health records, records of law enforcement agency
| ||
investigations, records of coroner or medical examiner | ||
investigations,
records of the Department of Corrections | ||
concerning a person's parole,
records of a probation and court | ||
services department, and records of a
social services agency | ||
that provided services to the resident.
| ||
(Source: P.A. 93-577, eff. 8-21-03.)
|
(210 ILCS 28/40)
| ||
(Section scheduled to be repealed on July 1, 2006)
| ||
Sec. 40. Executive Council.
| ||
(a) The Illinois Residential Health Care Facility Resident | ||
Sexual Assault
and Death Review
Teams Executive Council, | ||
consisting of the chairperson of each
review team established | ||
under Section 15, is the coordinating and oversight
body for | ||
residential health care facility
resident sexual assault and | ||
death review teams and activities in Illinois. The
| ||
vice-chairperson of a review team, as designated by the
| ||
chairperson, may
serve as a back-up member or an alternate | ||
member of the Executive Council, if
the chairperson of the | ||
review team is unavailable to serve on the
Executive Council. | ||
The Director may appoint to the Executive Council any
| ||
ex-officio members deemed necessary. Persons with expertise | ||
needed by the
Executive Council may be invited to meetings. The | ||
Executive Council must
select from its members a chairperson | ||
and a vice-chairperson, each to serve a
2-year, renewable term.
| ||
The Executive Council must meet at least 4 times during each | ||
calendar year if there is business to discuss .
| ||
(b) The Department must provide or arrange for the staff | ||
support necessary
for the review teams and Executive Council to | ||
assist them in carrying
carry out their
its duties.
| ||
(c) The Executive Council has, but is not limited to, the | ||
following duties:
| ||
(1) To request assistance from the Department as needed
| ||
serve as the voice of
review teams in Illinois .
| ||
(2) To consult with the Director concerning the | ||
appointment,
reappointment, and removal of review team | ||
members.
| ||
(3) To oversee the review teams in order to ensure that | ||
the teams' work
is coordinated and in compliance with the | ||
statutes and the operating protocol.
| ||
(4) To ensure that the data, results, findings, and | ||
recommendations of the
review teams are adequately used to | ||
make any necessary changes in the policies,
procedures, and |
statutes in order to protect nursing home residents in a | ||
timely
manner.
| ||
(5) To collaborate with the General Assembly, the | ||
Department , and others
in order to develop any legislation | ||
needed to prevent nursing home resident
sexual assaults and | ||
unnecessary deaths and to protect nursing home residents.
| ||
(6) To assist in the development of an
quarterly and | ||
annual report
reports based on
the work and the findings of | ||
the review teams.
| ||
(7) To ensure that the review teams' review processes | ||
are standardized
in order to convey data, findings, and | ||
recommendations in a usable format.
| ||
(8) To serve as a link with other review teams | ||
throughout the country and
to participate in national | ||
review team activities.
| ||
(9) To provide for training
develop an annual statewide | ||
symposium to update the knowledge
and skills of review team | ||
members and to promote the exchange of information
between | ||
review teams.
| ||
(10) To provide the review teams with the most current | ||
information and
practices concerning nursing home resident | ||
sexual assault and unnecessary
death review and related | ||
topics.
| ||
(11) To perform any other functions necessary to | ||
enhance the capability
of
the review teams to reduce and | ||
prevent sexual assaults and unnecessary
deaths of nursing | ||
home residents.
| ||
(d) Until an Executive Council is formed, the Department | ||
shall assist the review teams in performing the duties | ||
described in subsection (c).
| ||
(Source: P.A. 93-577, eff. 8-21-03.)
| ||
(210 ILCS 28/45 new) | ||
Sec. 45. Department's annual report. The Department shall | ||
include in its annual Long-Term Care Report to the General | ||
Assembly a report of the activities of the review teams and |
Executive Council, the results of the review teams' findings, | ||
recommendations made to the Department by the review teams and | ||
the Executive Council, and, as applicable, either (i) the | ||
implementation of the recommendations or (ii) the reasons the | ||
recommendations were not implemented. | ||
(210 ILCS 28/50 new) | ||
Sec. 50. Funding. Notwithstanding any other provision of | ||
law, to the extent permitted by federal law, the Department | ||
shall use moneys from fines paid by facilities licensed under | ||
the Nursing Home Care Act for violating requirements for | ||
certification under Titles XVIII and XIX of the Social Security | ||
Act to implement the provisions of this Act. The Department | ||
shall use moneys deposited in the Long Term Care | ||
Monitor/Receiver Fund to pay the costs of implementing this Act | ||
that cannot be met by the use of federal civil monetary | ||
penalties.
| ||
(210 ILCS 28/85 rep.)
| ||
Section 16. The Abuse Prevention Review Team Act is amended | ||
by repealing Section 85. | ||
Section 20. The Nursing Home Care Act is amended by | ||
changing Section 3-103 as follows:
| ||
(210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
| ||
Sec. 3-103. The procedure for obtaining a valid license | ||
shall be as follows:
| ||
(1) Application to operate a facility shall be made to
the | ||
Department on forms furnished by the Department.
| ||
(2)
All license applications shall be accompanied with an | ||
application fee.
The fee
for an annual license shall be $995. | ||
Facilities that pay a fee or assessment pursuant to Article V-C | ||
of the Illinois Public Aid Code shall be exempt from the | ||
license fee imposed under this item (2). The fee for a 2-year
| ||
license shall be double the fee for the annual license set |
forth in the
preceding sentence. The
fees collected
shall be | ||
deposited with the State Treasurer into the Long Term Care
| ||
Monitor/Receiver Fund, which has been created as a special fund | ||
in the State
treasury.
This special fund is to be used by the | ||
Department for expenses related to
the appointment of monitors | ||
and receivers as contained in Sections 3-501
through 3-517 of | ||
this Act and for implementation of the Abuse Prevention Review | ||
Team Act . At the end of each fiscal year, any funds in excess | ||
of
$1,000,000 held in the Long Term Care Monitor/Receiver Fund | ||
shall be
deposited in the State's General Revenue Fund. The | ||
application shall be under
oath and the submission of false or | ||
misleading information shall be a Class
A misdemeanor. The | ||
application shall contain the following information:
| ||
(a) The name and address of the applicant if an | ||
individual, and if a firm,
partnership, or association, of | ||
every member thereof, and in the case of
a corporation, the | ||
name and address thereof and of its officers and its
| ||
registered agent, and in the case of a unit of local | ||
government, the name
and address of its chief executive | ||
officer;
| ||
(b) The name and location of the facility for which a | ||
license is sought;
| ||
(c) The name of the person or persons under whose | ||
management or
supervision
the facility will be conducted;
| ||
(d) The number and type of residents for which | ||
maintenance, personal care,
or nursing is to be provided; | ||
and
| ||
(e) Such information relating to the number, | ||
experience, and training
of the employees of the facility, | ||
any management agreements for the operation
of the | ||
facility, and of the moral character of the applicant and | ||
employees
as the Department may deem necessary.
| ||
(3) Each initial application shall be accompanied by a | ||
financial
statement setting forth the financial condition of | ||
the applicant and by a
statement from the unit of local | ||
government having zoning jurisdiction over
the facility's |
location stating that the location of the facility is not in
| ||
violation of a zoning ordinance. An initial application for a | ||
new facility
shall be accompanied by a permit as required by | ||
the "Illinois Health Facilities
Planning Act". After the | ||
application is approved, the applicant shall
advise the | ||
Department every 6 months of any changes in the information
| ||
originally provided in the application.
| ||
(4) Other information necessary to determine the identity | ||
and qualifications
of an applicant to operate a facility in | ||
accordance with this Act shall
be included in the application | ||
as required by the Department in regulations.
| ||
(Source: P.A. 93-32, eff. 7-1-03; 93-841, eff. 7-30-04.)
| ||
Section 25. The Health Care Worker Background Check Act is | ||
amended by changing Section 70 as follows: | ||
(225 ILCS 46/70) | ||
Sec. 70. Centers for Medicare and Medicaid Services (CMMS) | ||
grant. | ||
(a) In this Section:
| ||
"Centers for Medicare and Medicaid Services (CMMS) grant" | ||
means the grant awarded to and distributed by the Department of | ||
Public Health to enhance the conduct of criminal history | ||
records checks of certain health care employees. The CMMS grant | ||
is authorized by Section 307 of the federal Medicare | ||
Prescription Drug, Improvement, and Modernization Act of 2003, | ||
which establishes the framework for a program to evaluate | ||
national and state background checks on prospective employees | ||
with direct access to patients of long-term care facilities or | ||
providers. | ||
"Selected health care employer" means any of the following | ||
selected to participate in the CMMS grant: | ||
(1) a community living facility as defined in the | ||
Community Living Facility Act; | ||
(2) a long-term care facility as defined in the Nursing | ||
Home Care Act; |
(3) a home health agency as defined in the Home Health | ||
Agency Licensing Act; | ||
(4) a full hospice as defined in the Hospice Licensing | ||
Act; | ||
(5) an establishment licensed under the Assisted | ||
Living and Shared Housing Act; | ||
(6) a supportive living facility as defined in the | ||
Illinois Public Aid Code; | ||
(7) a day training program certified by the Department | ||
of Human Services; or | ||
(8) a community integrated living arrangement operated | ||
by a community mental health and developmental service | ||
agency as defined in the Community Integrated Living | ||
Arrangements Licensing and Certification Act ; or .
| ||
(9) a long-term care hospital or hospital with swing | ||
beds.
| ||
(b) Selected health care employers shall be phased in to | ||
participate in the CMMS grant between January 1, 2006 and | ||
January 1, 2007, as prescribed by the Department of Public | ||
Health by rule. | ||
(c) With regards to individuals hired on or after January | ||
1, 2006 who have direct access to residents, patients, or | ||
clients of the selected health care employer, selected health | ||
care employers must comply with Section 25 of this Act. | ||
"Individuals who have direct access" includes, but is not | ||
limited to, (i) direct care workers as described in subsection | ||
(a) of Section 25; (ii) individuals licensed by the Department | ||
of Financial and Professional Regulation, such as nurses, | ||
social workers, physical therapists, occupational therapists, | ||
and pharmacists; (iii) individuals who provide services on | ||
site, through contract; and (iv) non-direct care workers, such | ||
as those who work in environmental services, food service, and | ||
administration. | ||
"Individuals who have direct access" does not include | ||
physicians or volunteers. | ||
The Department of Public Health may further define |
"individuals who have direct access" by rule.
| ||
(d) Each applicant seeking employment in a position | ||
described in subsection (c) of this Section with a selected | ||
health care employer shall, as a condition of employment, have | ||
his or her fingerprints submitted to the Department of State | ||
Police in an electronic format that complies with the form and | ||
manner for requesting and furnishing criminal history record | ||
information by the Department of State Police and the Federal | ||
Bureau of Investigation criminal history record databases now | ||
and hereafter filed. The Department of State Police shall | ||
forward the fingerprints to the Federal Bureau of Investigation | ||
for a national criminal history records check. The Department | ||
of State Police shall charge a fee for conducting the criminal | ||
history records check, which shall not exceed the actual cost | ||
of the records check and shall be deposited into the State | ||
Police Services Fund. The Department of State Police shall | ||
furnish, pursuant to positive identification, records of | ||
Illinois convictions to the Department of Public Health. | ||
(e) A selected health care employer who makes a conditional | ||
offer of employment to an applicant shall: | ||
(1) ensure that the applicant has complied with the | ||
fingerprinting requirements of this Section; | ||
(2) complete documentation relating to any criminal | ||
history record, as revealed by the applicant, as prescribed | ||
by rule by the Department of Public Health; | ||
(3) complete documentation of the applicant's personal | ||
identifiers as prescribed by rule by the Department of | ||
Public Health; and | ||
(4) provide supervision, as prescribed by rule by the | ||
licensing agency, if the applicant is hired and allowed to | ||
work prior to the results of the criminal history records | ||
check being obtained. | ||
(f) A selected health care employer having actual knowledge | ||
from a source that an individual with direct access to a | ||
resident, patient, or client has been convicted of committing | ||
or attempting to commit one of the offenses enumerated in |
Section 25 of this Act shall contact the licensing agency or | ||
follow other instructions as prescribed by administrative | ||
rule. | ||
(g) A fingerprint-based criminal history records check | ||
submitted in accordance with subsection (d) of this Section | ||
must be submitted as a fee applicant inquiry in the form and | ||
manner prescribed by the Department of State Police.
| ||
(h) This Section shall be inapplicable upon the conclusion | ||
of the CMMS grant.
| ||
(Source: P.A. 94-665, eff. 1-1-06.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|