Public Act 101-0466
 
HB2237 EnrolledLRB101 08273 RJF 53339 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
 
    (5 ILCS 140/7.5)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) 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.
        (d) 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.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) 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.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) 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.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) 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.
        (n) 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 (n) shall apply
    until the conclusion of the trial of the case, even if the
    prosecution chooses not to pursue the death penalty prior
    to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) 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.
        (q) Information prohibited from being disclosed by the
    Personnel Record Records Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) All identified or deidentified health information
    in the form of health data or medical records contained in,
    stored in, submitted to, transferred by, or released from
    the Illinois Health Information Exchange, and identified
    or deidentified health information in the form of health
    data and medical records of the Illinois Health Information
    Exchange in the possession of the Illinois Health
    Information Exchange Authority due to its administration
    of the Illinois Health Information Exchange. The terms
    "identified" and "deidentified" shall be given the same
    meaning as in the Health Insurance Portability and
    Accountability Act of 1996, Public Law 104-191, or any
    subsequent amendments thereto, and any regulations
    promulgated thereunder.
        (u) Records and information provided to an independent
    team of experts under the Developmental Disability and
    Mental Health Safety Act (also known as Brian's Law).
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed Carry
    Licensing Review Board under the Firearm Concealed Carry
    Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of an
    eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) Information which is exempted from disclosure
    under Section 2505-800 of the Department of Revenue Law of
    the Civil Administrative Code of Illinois.
        (jj) Information and reports that are required to be
    submitted to the Department of Labor by registering day and
    temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
        (kk) Information prohibited from disclosure under the
    Seizure and Forfeiture Reporting Act.
        (ll) Information the disclosure of which is restricted
    and exempted under Section 5-30.8 of the Illinois Public
    Aid Code.
        (mm) (ll) Records that are exempt from disclosure under
    Section 4.2 of the Crime Victims Compensation Act.
        (nn) (ll) Information that is exempt from disclosure
    under Section 70 of the Higher Education Student Assistance
    Act.
        (oo) Information that is exempt from disclosure under
    Section 16.8 of the State Treasurer Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
10-12-18.)
 
    Section 10. The State Treasurer Act is amended by adding
Section 16.8 as follows:
 
    (15 ILCS 505/16.8 new)
    Sec. 16.8. Illinois Higher Education Savings Program.
    (a) Definitions. As used in this Section:
    "Beneficiary" means an eligible child named as a recipient
of seed funds.
    "College savings account" means a 529 plan account
established under Section 16.5.
    "Eligible child" means a child born or adopted after
December 31, 2020, to a parent who is a resident of Illinois at
the time of the birth or adoption, as evidenced by
documentation received by the Treasurer from the Department of
Revenue, the Department of Public Health, or another State or
local government agency.
    "Eligible educational institution" means institutions that
are described in Section 1001 of the federal Higher Education
Act of 1965 that are eligible to participate in Department of
Education student aid programs.
    "Fund" means the Illinois Higher Education Savings Program
Fund.
    "Omnibus account" means the pooled collection of seed funds
owned and managed by the State Treasurer under this Act.
    "Program" means the Illinois Higher Education Savings
Program.
    "Qualified higher education expense" means the following:
(i) tuition, fees, and the costs of books, supplies, and
equipment required for enrollment or attendance at an eligible
educational institution; (ii) expenses for special needs
services, in the case of a special needs beneficiary, which are
incurred in connection with such enrollment or attendance;
(iii) certain expenses for the purchase of computer or
peripheral equipment, computer software, or Internet access
and related services as defined under Section 529 of the
Internal Revenue Code; and (iv) room and board expenses
incurred while attending an eligible educational institution
at least half-time.
    "Seed funds" means the deposit made by the State Treasurer
into the Omnibus Accounts for Program beneficiaries.
    (b) Program established. The State Treasurer shall
establish the Illinois Higher Education Savings Program
provided that sufficient funds are available. The State
Treasurer shall administer the Program for the purposes of
expanding access to higher education through savings.
    (c) Program enrollment. The State Treasurer shall enroll
all eligible children in the Program beginning in 2021, after
receiving records of recent births, adoptions, or dependents
from the Department of Revenue, the Department of Public
Health, or another State or local government agency designated
by the Treasurer. Notwithstanding any court order which would
otherwise prevent the release of information, the Department of
Public Health is authorized to release the information
specified under this subsection (c) to the State Treasurer for
the purposes of the Program established under this Section.
        (1) On and after the effective date of this amendatory
    Act of the 101st General Assembly, the Department of
    Revenue and the Department of Public Health shall provide
    the State Treasurer with information on recent Illinois
    births, adoptions and dependents including, but not
    limited to: the full name, residential address, and birth
    date of the child and the child's parent or legal guardian
    for the purpose of enrolling eligible children in the
    Program. This data shall be provided to the State Treasurer
    by the Department of Revenue and the Department of Public
    Health on a quarterly basis, no later than 30 days after
    the end of each quarter.
        (2) The State Treasurer shall ensure the security and
    confidentiality of the information provided by the
    Department of Revenue, the Department of Public Health, or
    another State or local government agency, and it shall not
    be subject to release under the Freedom of Information Act.
        (3) Information provided under this Section shall only
    be used by the State Treasurer for the Program and shall
    not be used for any other purpose.
        (4) The State Treasurer and any vendors working on the
    Program shall maintain strict confidentiality of any
    information provided under this Section, and shall
    promptly provide written or electronic notice to the
    providing agency of any security breach. The providing
    State or local government agency shall remain the sole and
    exclusive owner of information provided under this
    Section.
    (d) Seed funds. After receiving information on recent
births, adoptions, or dependents from the Department of
Revenue, the Department of Public Health, or another State or
local government agency, the State Treasurer shall make a
deposit into an omnibus account of the Fund on behalf of each
eligible child. The State Treasurer shall be the owner of the
omnibus accounts. The deposit of seed funds shall be subject to
appropriation by the General Assembly.
        (1) Deposit amount. The seed fund deposit for each
    eligible child shall be in the amount of $50. This amount
    may be increased by the State Treasurer by rule. The State
    Treasurer may use or deposit funds appropriated by the
    General Assembly together with moneys received as gifts,
    grants, or contributions into the Fund. If insufficient
    funds are available in the Fund, the State Treasurer may
    reduce the deposit amount or forego deposits.
        (2) Use of seed funds. Seed funds, including any
    interest, dividends, and other earnings accrued, will be
    eligible for use by a beneficiary for qualified higher
    education expenses if:
            (A) the parent or guardian of the eligible child
        claimed the seed funds for the beneficiary by the
        beneficiary's 10th birthday;
            (B) the beneficiary has completed secondary
        education or has reached the age of 18; and
            (C) the beneficiary is currently a resident of the
        State of Illinois. Non-residents are not eligible to
        claim or use seed funds.
        (3) Notice of seed fund availability. The State
    Treasurer shall make a good faith effort to notify
    beneficiaries and their parents or legal guardians of the
    seed funds' availability and the deadline to claim such
    funds.
        (4) Unclaimed seed funds. Seed funds that are unclaimed
    by the beneficiary's 10th birthday or unused by the
    beneficiary's 26th birthday will be considered forfeited.
    Unclaimed and unused seed funds will remain in the omnibus
    account for future beneficiaries.
    (e) Financial education. The State Treasurer may develop
educational materials that support the financial literacy of
beneficiaries and their legal guardians, and may do so in
collaboration with State and federal agencies, including, but
not limited to, the Illinois State Board of Education and
existing nonprofit agencies with expertise in financial
literacy and education.
    (f) Incentives and partnerships. The State Treasurer may
develop partnerships with private, nonprofit, or governmental
organizations to provide additional incentives for eligible
children, including conditional cash transfers or matching
contributions that provide a savings incentive based on
specific actions taken or other criteria.
    (g) Illinois Higher Education Savings Program Fund. The
Illinois Higher Education Savings Program Fund is hereby
established. The Fund shall be the official repository of all
contributions, appropriations, interest, and dividend
payments, gifts, or other financial assets received by the
State Treasurer in connection with operation of the Program or
related partnerships. All such moneys shall be deposited in the
Fund and held by the State Treasurer as custodian thereof,
outside of the State treasury, separate and apart from all
public moneys or funds of this State. The State Treasurer may
accept gifts, grants, awards, matching contributions, interest
income, and appropriations from individuals, businesses,
governments, and other third-party sources to implement the
Program on terms that the Treasurer deems advisable. All
interest or other earnings accruing or received on amounts in
the Illinois Higher Education Savings Program Fund shall be
credited to and retained by the Fund and used for the benefit
of the Program. Assets of the Fund must at all times be
preserved, invested, and expended only for the purposes of the
Program and must be held for the benefit of the beneficiaries.
Assets may not be transferred or used by the State or the State
Treasurer for any purposes other than the purposes of the
Program. In addition, no moneys, interest, or other earnings
paid into the Fund shall be used, temporarily or otherwise, for
inter-fund borrowing or be otherwise used or appropriated
except as expressly authorized by this Act. Notwithstanding the
requirements of this subsection (f), amounts in the Fund may be
used by the State Treasurer to pay the administrative costs of
the Program.
    (h) Audits and reports. The State Treasurer shall include
the Illinois Higher Education Savings Program as part of the
audit of the College Savings Pool described in Section 16.5.
The State Treasurer shall annually prepare a report that
includes a summary of the Program operations for the preceding
fiscal year, including the number of children enrolled in the
Program, the total amount of seed fund deposits, and such other
information that is relevant to make a full disclosure of the
operations of the Program and Fund. The report shall be made
available on the Treasurer's website by January 31 each year,
starting in January of 2022. The State Treasurer may include
the Program in other reports as warranted.
    (i) Rules. The State Treasurer may adopt rules necessary to
implement this Section.

Effective Date: 1/1/2020