Public Act 93-0577

SB1543 Enrolled                      LRB093 10753 DRJ 11634 b

    AN ACT in relation to health.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.  Short  title.  This  Act may be cited as the
Abuse Prevention Review Team Act.

    Section 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 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
    achieve their purposes and duties.

    Section 10.  Definitions. As used in this Act, unless the
context requires otherwise:
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
    "Executive Council" means the Illinois Residential Health
Care Facility Resident Sexual Assault and Death Review  Teams
Executive Council.
    "Resident"  means  a  person  residing  in  and receiving
personal care from a facility licensed under the Nursing Home
Care Act.
    "Review team" means a residential  health  care  facility
resident sexual assault and death review team appointed under
this Act.

    Section  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 a residential health care
facility  resident  sexual  assault  and death review team in
each such region outside Cook County  and  to  at  least  one
review  team  in  Cook County. The members of a team shall be
appointed  for  2-year  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.

    Section 20.  Reviews  of  nursing  home  resident  sexual
assaults and deaths.
    (a)  Every  reported  case of sexual assault of a nursing
home resident that 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  care  the  Department  found
    violated federal or  State  standards  in  the  6  months
    preceding the resident's death.
         (2)  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. A review
    team   may,  at  its  discretion,  review  other  sudden,
    unexpected, or unexplained nursing home resident deaths.
    (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 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.
    (c)  A review team must review a sexual assault or  death
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.
    (d)  Within  90 days after receiving recommendations made
by a review team  under  item  (5)  of  subsection  (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.
    (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.

    Section 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,
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.

    Section 30.  Public access to information.
    (a)  Meetings  of  the  review  teams  and  the Executive
Council shall be closed to the public. Meetings of the review
teams and the Executive Council are not subject to  the  Open
Meetings Act, as provided in that Act.
    (b)  Records  and  information  provided to a review team
and the Executive Council, and records maintained by a review
team or the  Executive  Council,  are  confidential  and  not
subject  to  the  Freedom  of Information Act, as provided in
that Act.  Nothing contained in this subsection (b)  prevents
the  sharing  or  disclosure  of  records,  other  than those
produced by a review team or the Executive Council,  relating
or pertaining to the sexual assault or death of a resident.
    (c)  Members  of  a review team and the Executive Council
are not subject to examination,  in  any  civil  or  criminal
proceeding,  concerning  information  presented to members of
the review team or the Executive Council or  opinions  formed
by  members of the review team or the Executive Council based
on that information.  A  person  may,  however,  be  examined
concerning  information  provided  to  a  review  team or the
Executive Council that is otherwise available to the public.
    (d)  Records and information produced by  a  review  team
and  the  Executive  Council  are not subject to discovery or
subpoena and are not admissible as evidence in any  civil  or
criminal  proceeding.  Those  records  and  information  are,
however,   subject  to  discovery  or  a  subpoena,  and  are
admissible as evidence, to  the  extent  they  are  otherwise
available to the public.

    Section  35.  Indemnification.  The State shall indemnify
and hold harmless members of a review team and the  Executive
Council  for  all  their acts, omissions, decisions, or other
conduct arising out of the scope  of  their  service  on  the
review  team  or  Executive  Council,  except those involving
willful  or  wanton  misconduct.  The  method  of   providing
indemnification  shall  be  as provided in the State Employee
Indemnification Act.

    Section 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.
    (b)  The Department must provide or arrange for the staff
support  necessary for the Executive Council to carry out its
duties.
    (c)  The Executive Council has, but is  not  limited  to,
the following duties:
         (1)  To  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 quarterly and
    annual 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  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.

    Section  75.  Relationship to other Acts. Nothing in this
Act is intended to conflict with or duplicate  provisions  of
other Acts or rules implementing other Acts.

    Section  85.  Repeal.  This  Act  is  repealed on July 1,
2006.

    Section 90.  The Open Meetings Act is amended by changing
Section 2 as follows:

    (5 ILCS 120/2) (from Ch. 102, par. 42)
    Sec. 2.  Open meetings.
    (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.
    (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.
    (c)  Exceptions.  A public body may hold closed  meetings
to consider the following subjects:
         (1)  The   appointment,   employment,  compensation,
    discipline,  performance,  or   dismissal   of   specific
    employees of the public body, including hearing testimony
    on  a  complaint  lodged against an employee to determine
    its validity.
         (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  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 or public property.
         (9)  Student disciplinary cases.
         (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.
         (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.
         (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
    Residential Health Care Facility Resident Sexual  Assault
    and Death Review Team Act.
    (d)  Definitions.  For purposes of this Section:
    "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.
    "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.
    (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.
(Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.)

    Section 93.  The Freedom of Information Act is amended by
changing Section 7 as follows:

    (5 ILCS 140/7) (from Ch. 116, par. 207)
    Sec. 7.  Exemptions.
    (1)  The  following  shall  be exempt from inspection and
copying:
         (a)  Information   specifically   prohibited    from
    disclosure   by   federal  or  State  law  or  rules  and
    regulations adopted under federal or State law.
         (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; and
              (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.
         (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.
         (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 all
    information determined to be confidential  under  Section
    4002  of  the Technology Advancement and Development Act.
    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.
         (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  and  engineers'   technical
    submissions  for projects not constructed or developed in
    whole or in part  with  public  funds  and  for  projects
    constructed or developed with public funds, to the extent
    that disclosure would compromise security.
         (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 Section 80 of the State Gift Ban 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)  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  Residential  Health  Care
    Facility Resident Sexual Assault and  Death  Review  Team
    Act.
    (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. 91-137, eff.  7-16-99;  91-357,  eff.  7-29-99;
91-660,  eff.  12-22-99;  92-16,  eff.  6-28-01; 92-241, eff.
8-3-01; 92-281, eff. 8-7-01; 92-645,  eff.  7-11-02;  92-651,
eff. 7-11-02.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

Effective Date: 8/21/2003