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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB3067
Introduced 1/20/2006, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: |
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5 ILCS 120/2 |
from Ch. 102, par. 42 |
5 ILCS 140/7 |
from Ch. 116, par. 207 |
55 ILCS 5/3-3020 |
from Ch. 34, par. 3-3020 |
210 ILCS 28/5 |
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210 ILCS 28/10 |
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210 ILCS 28/15 |
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210 ILCS 28/20 |
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210 ILCS 28/25 |
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210 ILCS 28/30 |
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210 ILCS 28/35 |
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210 ILCS 28/40 |
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210 ILCS 28/45 new |
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210 ILCS 28/50 new |
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210 ILCS 28/85 |
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210 ILCS 45/3-213 |
from Ch. 111 1/2, par. 4153-213 |
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Amends the Counties Code, the Abuse Prevention Review Team Act, and the Nursing Home Care Act. Requires a nursing home administrator to notify the coroner or medical examiner within 24 hours of the death of a nursing home resident; makes a failure to do so a Class A misdemeanor. Provides for a single Residential Health Care Facility Resident Sexual Assault And Death Review Team instead of multiple review teams. Requires the Review Team to review a nursing home resident's death (i) if the resident's death results in the Department of Public Health issuing a notice of violation under the Nursing Home Care Act (instead of if the Department found that the resident's care violated federal or State standards within the 6 months preceding the resident's death) or (ii) if the resident's death was reported to the coroner or medical examiner as required under certain provisions of the Nursing Home Care Act (instead of if the resident's care was the subject of a complaint to the Department). Requires the Department to include the Review Team's activities in its annual Long-Term Care Report to the General Assembly. Extends the repeal of the Abuse Prevention Review Team Act from July 1, 2006 to July 1, 2011. Makes other changes. Amends the Open Meetings Act and the Freedom of Information Act to make conforming changes. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB3067 |
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LRB094 19123 DRJ 54644 b |
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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 2. The Open Meetings Act is amended by changing |
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| Section 2 as follows:
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| (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 |
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| be open to the public unless excepted in subsection (c)
and |
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| closed in accordance with Section 2a.
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| (b) Construction of exceptions. The exceptions contained |
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| in subsection
(c) are in derogation of the requirement that |
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| public bodies
meet in the open, and therefore, the exceptions |
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| are to be strictly
construed, extending only to subjects |
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| clearly within their scope.
The exceptions authorize but do not |
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| require the holding of
a closed meeting to discuss a subject |
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| included within an enumerated exception.
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| (c) Exceptions. A public body may hold closed meetings to |
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| consider the
following subjects:
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| (1) The appointment, employment, compensation, |
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| discipline, performance,
or dismissal of specific |
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| employees of the public body or legal counsel for
the |
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| public body, including hearing
testimony on a complaint |
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| lodged against an employee of the public body or
against |
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| legal counsel for the public body to determine its |
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| validity.
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| (2) Collective negotiating matters between the public |
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| body and its
employees or their representatives, or |
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| deliberations concerning salary
schedules for one or more |
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| classes of employees.
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| (3) The selection of a person to fill a public office,
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| as defined in this Act, including a vacancy in a public |
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SB3067 |
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LRB094 19123 DRJ 54644 b |
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| office, when the public
body is given power to appoint |
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| under law or ordinance, or the discipline,
performance or |
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| removal of the occupant of a public office, when the public |
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| body
is given power to remove the occupant under law or |
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| ordinance.
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| (4) Evidence or testimony presented in open hearing, or |
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| in closed
hearing where specifically authorized by law, to
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| a quasi-adjudicative body, as defined in this Act, provided |
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| that the body
prepares and makes available for public |
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| inspection a written decision
setting forth its |
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| determinative reasoning.
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| (5) The purchase or lease of real property for the use |
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| of
the public body, including meetings held for the purpose |
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| of discussing
whether a particular parcel should be |
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| acquired.
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| (6) The setting of a price for sale or lease of |
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| property owned
by the public body.
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| (7) The sale or purchase of securities, investments, or |
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| investment
contracts.
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| (8) Security procedures and the use of personnel and
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| equipment to respond to an actual, a threatened, or a |
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| reasonably
potential danger to the safety of employees, |
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| 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 |
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| education
programs and other matters relating to |
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| individual students.
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| (11) Litigation, when an action against, affecting or |
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| on behalf of the
particular public body has been filed and |
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| is pending before a court or
administrative tribunal, or |
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| when the public body finds that an action is
probable or |
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| imminent, in which case the basis for the finding shall be
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| recorded and entered into the minutes of the closed |
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| meeting.
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| (12) The establishment of reserves or settlement of |
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| claims as provided
in the Local Governmental and |
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LRB094 19123 DRJ 54644 b |
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| Governmental Employees Tort Immunity Act, if
otherwise the |
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| disposition of a claim or potential claim might be
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| prejudiced, or the review or discussion of claims, loss or |
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| risk management
information, records, data, advice or |
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| communications from or with respect
to any insurer of the |
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| public body or any intergovernmental risk management
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| association or self insurance pool of which the public body |
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| is a member.
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| (13) Conciliation of complaints of discrimination in |
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| the sale or rental
of housing, when closed meetings are |
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| authorized by the law or ordinance
prescribing fair housing |
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| practices and creating a commission or
administrative |
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| agency for their enforcement.
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| (14) Informant sources, the hiring or assignment of |
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| undercover personnel
or equipment, or ongoing, prior or |
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| future criminal investigations, when
discussed by a public |
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| body with criminal investigatory responsibilities.
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| (15) Professional ethics or performance when |
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| considered by an advisory
body appointed to advise a |
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| licensing or regulatory agency on matters
germane to the |
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| advisory body's field of competence.
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| (16) Self evaluation, practices and procedures or |
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| professional ethics,
when meeting with a representative of |
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| a statewide association of which the
public body is a |
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| member.
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| (17) The recruitment, credentialing, discipline or |
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| formal peer review
of physicians or other
health care |
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| professionals for a hospital, or
other institution |
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| providing medical care, that is operated by the public |
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| body.
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| (18) Deliberations for decisions of the Prisoner |
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| Review Board.
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| (19) Review or discussion of applications received |
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| under the
Experimental Organ Transplantation Procedures |
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| Act.
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| (20) The classification and discussion of matters |
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LRB094 19123 DRJ 54644 b |
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| classified as
confidential or continued confidential by |
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| the State Employees Suggestion Award
Board.
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| (21) Discussion of minutes of meetings lawfully closed |
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| under this Act,
whether for purposes of approval by the |
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| body of the minutes or semi-annual
review of the minutes as |
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| mandated by Section 2.06.
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| (22) Deliberations for decisions of the State
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| Emergency Medical Services Disciplinary
Review Board.
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| (23) The operation by a municipality of a municipal |
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| utility or the
operation of a
municipal power agency or |
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| municipal natural gas agency when the
discussion involves |
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| (i) contracts relating to the
purchase, sale, or delivery |
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| of electricity or natural gas or (ii) the results
or |
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| conclusions of load forecast studies.
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| (24) Meetings of a residential health care facility |
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| resident sexual
assault and death review
team or
the |
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| Residential Health Care Facility Resident Sexual Assault |
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| and Death Review Team
Teams Executive
Council under the |
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| Abuse Prevention
Residential Health Care Facility Resident |
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| 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 |
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| relationship
with the public body constitutes an |
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| employer-employee relationship under
the usual common law |
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| rules, and who is not an independent contractor.
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| "Public office" means a position created by or under the
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| Constitution or laws of this State, the occupant of which is |
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| charged with
the exercise of some portion of the sovereign |
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| power of this State. The term
"public office" shall include |
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| members of the public body, but it shall not
include |
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| organizational positions filled by members thereof, whether
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| established by law or by a public body itself, that exist to |
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| assist the
body in the conduct of its business.
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| "Quasi-adjudicative body" means an administrative body |
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| charged by law or
ordinance with the responsibility to conduct |
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| hearings, receive evidence or
testimony and make |
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SB3067 |
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LRB094 19123 DRJ 54644 b |
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| determinations based
thereon, but does not include
local |
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| electoral boards when such bodies are considering petition |
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| challenges.
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| (e) Final action. No final action may be taken at a closed |
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| meeting.
Final action shall be preceded by a public recital of |
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| the nature of the
matter being considered and other information |
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| 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, |
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| eff. 8-5-03;
93-577, eff. 8-21-03; revised 9-8-03.)
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| Section 3. The Freedom of Information Act is amended by |
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| changing Section 7 as follows: |
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| (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 |
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| copying:
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| (a) Information specifically prohibited from |
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| disclosure by federal or
State law or rules and regulations |
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| adopted under federal or State law.
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| (b) Information that, if disclosed, would constitute a |
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| clearly
unwarranted invasion of personal privacy, unless |
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| the disclosure is
consented to in writing by the individual |
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| subjects of the information. The
disclosure of information |
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| that bears on the public duties of public
employees and |
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| officials shall not be considered an invasion of personal
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| privacy. Information exempted under this subsection (b) |
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| shall include but
is not limited to:
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| (i) files and personal information maintained with |
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| respect to
clients, patients, residents, students or |
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| other individuals receiving
social, medical, |
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| educational, vocational, financial, supervisory or
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| custodial care or services directly or indirectly from |
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| federal agencies
or public bodies;
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| (ii) personnel files and personal information |
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| maintained with
respect to employees, appointees or |
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SB3067 |
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LRB094 19123 DRJ 54644 b |
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| elected officials of any public body or
applicants for |
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| those positions;
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| (iii) files and personal information maintained |
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| with respect to any
applicant, registrant or licensee |
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| by any public body cooperating with or
engaged in |
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| professional or occupational registration, licensure |
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| or discipline;
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| (iv) information required of any taxpayer in |
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| connection with the
assessment or collection of any tax |
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| unless disclosure is otherwise required
by State |
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| statute;
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| (v) information revealing the identity of persons |
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| who file complaints
with or provide information to |
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| administrative, investigative, law enforcement
or |
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| penal agencies; provided, however, that identification |
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| of witnesses to
traffic accidents, traffic accident |
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| reports, and rescue reports may be provided
by agencies |
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| of local government, except in a case for which a |
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| criminal
investigation is ongoing, without |
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| constituting a clearly unwarranted per se
invasion of |
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| personal privacy under this subsection; and
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| (vi) the names, addresses, or other personal |
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| information of
participants and registrants in park |
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| district, forest preserve district, and
conservation |
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| district programs.
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| (c) Records compiled by any public body for |
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| administrative enforcement
proceedings and any law |
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| enforcement or correctional agency for
law enforcement |
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| purposes or for internal matters of a public body,
but only |
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| to the extent that disclosure would:
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| (i) interfere with pending or actually and |
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| reasonably contemplated
law enforcement proceedings |
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| conducted by any law enforcement or correctional
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| agency;
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| (ii) interfere with pending administrative |
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| enforcement proceedings
conducted by any public body;
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LRB094 19123 DRJ 54644 b |
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| (iii) deprive a person of a fair trial or an |
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| impartial hearing;
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| (iv) unavoidably disclose the identity of a |
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| confidential source or
confidential information |
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| furnished only by the confidential source;
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| (v) disclose unique or specialized investigative |
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| techniques other than
those generally used and known or |
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| disclose internal documents of
correctional agencies |
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| related to detection, observation or investigation of
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| incidents of crime or misconduct;
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| (vi) constitute an invasion of personal privacy |
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| under subsection (b) of
this Section;
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| (vii) endanger the life or physical safety of law |
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| enforcement personnel
or any other person; or
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| (viii) obstruct an ongoing criminal investigation.
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| (d) Criminal history record information maintained by |
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| State or local
criminal justice agencies, except the |
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| following which shall be open for
public inspection and |
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| copying:
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| (i) chronologically maintained arrest information, |
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| such as traditional
arrest logs or blotters;
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| (ii) the name of a person in the custody of a law |
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| enforcement agency and
the charges for which that |
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| person is being held;
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| (iii) court records that are public;
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| (iv) records that are otherwise available under |
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| State or local law; or
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| (v) records in which the requesting party is the |
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| individual
identified, except as provided under part |
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| (vii) of
paragraph (c) of subsection (1) of this |
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| Section.
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| "Criminal history record information" means data |
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| identifiable to an
individual and consisting of |
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| descriptions or notations of arrests,
detentions, |
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| indictments, informations, pre-trial proceedings, trials, |
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| or
other formal events in the criminal justice system or |
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LRB094 19123 DRJ 54644 b |
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| descriptions or
notations of criminal charges (including |
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| criminal violations of local
municipal ordinances) and the |
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| nature of any disposition arising therefrom,
including |
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| sentencing, court or correctional supervision, |
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| rehabilitation and
release. The term does not apply to |
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| statistical records and reports in
which individuals are |
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| not identified and from which
their identities are not |
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| ascertainable, or to information that is for
criminal |
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| investigative or intelligence purposes.
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| (e) Records that relate to or affect the security of |
11 |
| correctional
institutions and detention facilities.
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| (f) Preliminary drafts, notes, recommendations, |
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| memoranda and other
records in which opinions are |
14 |
| expressed, or policies or actions are
formulated, except |
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| that a specific record or relevant portion of a
record |
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| shall not be exempt when the record is publicly cited
and |
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| identified by the head of the public body. The exemption |
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| provided in
this paragraph (f) extends to all those records |
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| of officers and agencies
of the General Assembly that |
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| pertain to the preparation of legislative
documents.
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| (g) Trade secrets and commercial or financial |
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| information obtained from
a person or business where the |
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| trade secrets or information are
proprietary, privileged |
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| or confidential, or where disclosure of the trade
secrets |
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| or information may cause competitive harm, including: |
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| (i) All
information determined to be confidential |
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| under Section 4002 of the
Technology Advancement and |
28 |
| Development Act. |
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| (ii) All trade secrets and commercial or financial |
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| information obtained by a public body, including a |
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| public pension fund, from a private equity fund or a |
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| privately held company within the investment portfolio |
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| of a private equity fund as a result of either |
34 |
| investing or evaluating a potential investment of |
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| public funds in a private equity fund. The exemption |
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| contained in this item does not apply to the aggregate |
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LRB094 19123 DRJ 54644 b |
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| financial performance information of a private equity |
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| fund, nor to the identity of the fund's managers or |
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| general partners. The exemption contained in this item |
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| does not apply to the identity of a privately held |
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| company within the investment portfolio of a private |
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| equity fund, unless the disclosure of the identity of a |
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| privately held company may cause competitive harm.
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| Nothing contained in this
paragraph (g) shall be construed |
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| to prevent a person or business from
consenting to disclosure.
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| (h) Proposals and bids for any contract, grant, or |
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| agreement, including
information which if it were |
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| disclosed would frustrate procurement or give
an advantage |
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| to any person proposing to enter into a contractor |
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| agreement
with the body, until an award or final selection |
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| is made. Information
prepared by or for the body in |
16 |
| preparation of a bid solicitation shall be
exempt until an |
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| award or final selection is made.
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| (i) Valuable formulae,
computer geographic systems,
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| designs, drawings and research data obtained or
produced by |
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| any public body when disclosure could reasonably be |
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| expected to
produce private gain or public loss.
The |
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| exemption for "computer geographic systems" provided in |
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| this paragraph
(i) does not extend to requests made by news |
24 |
| media as defined in Section 2 of
this Act when the |
25 |
| requested information is not otherwise exempt and the only
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| purpose of the request is to access and disseminate |
27 |
| information regarding the
health, safety, welfare, or |
28 |
| legal rights of the general public.
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| (j) Test questions, scoring keys and other examination |
30 |
| data used to
administer an academic examination or |
31 |
| determined the qualifications of an
applicant for a license |
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| or employment.
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| (k) Architects' plans, engineers' technical |
34 |
| submissions, and
other
construction related technical |
35 |
| documents for
projects not constructed or developed in |
36 |
| whole or in part with public funds
and the same for |
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LRB094 19123 DRJ 54644 b |
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| projects constructed or developed with public funds, but
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| only to the extent
that disclosure would compromise |
3 |
| security, including but not limited to water
treatment |
4 |
| facilities, airport facilities, sport stadiums, convention |
5 |
| centers,
and all government owned, operated, or occupied |
6 |
| buildings.
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| (l) Library circulation and order records identifying |
8 |
| library users with
specific materials.
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9 |
| (m) Minutes of meetings of public bodies closed to the
|
10 |
| public as provided in the Open Meetings Act until the |
11 |
| public body
makes the minutes available to the public under |
12 |
| Section 2.06 of the Open
Meetings Act.
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| (n) Communications between a public body and an |
14 |
| attorney or auditor
representing the public body that would |
15 |
| not be subject to discovery in
litigation, and materials |
16 |
| prepared or compiled by or for a public body in
|
17 |
| anticipation of a criminal, civil or administrative |
18 |
| proceeding upon the
request of an attorney advising the |
19 |
| public body, and materials prepared or
compiled with |
20 |
| respect to internal audits of public bodies.
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| (o) Information received by a primary or secondary |
22 |
| school, college or
university under its procedures for the |
23 |
| evaluation of faculty members by
their academic peers.
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24 |
| (p) Administrative or technical information associated |
25 |
| with automated
data processing operations, including but |
26 |
| not limited to software,
operating protocols, computer |
27 |
| program abstracts, file layouts, source
listings, object |
28 |
| modules, load modules, user guides, documentation
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29 |
| pertaining to all logical and physical design of |
30 |
| computerized systems,
employee manuals, and any other |
31 |
| information that, if disclosed, would
jeopardize the |
32 |
| security of the system or its data or the security of
|
33 |
| materials exempt under this Section.
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34 |
| (q) Documents or materials relating to collective |
35 |
| negotiating matters
between public bodies and their |
36 |
| employees or representatives, except that
any final |
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LRB094 19123 DRJ 54644 b |
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| contract or agreement shall be subject to inspection and |
2 |
| copying.
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3 |
| (r) Drafts, notes, recommendations and memoranda |
4 |
| pertaining to the
financing and marketing transactions of |
5 |
| the public body. The records of
ownership, registration, |
6 |
| transfer, and exchange of municipal debt
obligations, and |
7 |
| of persons to whom payment with respect to these |
8 |
| obligations
is made.
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9 |
| (s) The records, documents and information relating to |
10 |
| real estate
purchase negotiations until those negotiations |
11 |
| have been completed or
otherwise terminated. With regard to |
12 |
| a parcel involved in a pending or
actually and reasonably |
13 |
| contemplated eminent domain proceeding under
Article VII |
14 |
| of the Code of Civil Procedure, records, documents and
|
15 |
| information relating to that parcel shall be exempt except |
16 |
| as may be
allowed under discovery rules adopted by the |
17 |
| Illinois Supreme Court. The
records, documents and |
18 |
| information relating to a real estate sale shall be
exempt |
19 |
| until a sale is consummated.
|
20 |
| (t) Any and all proprietary information and records |
21 |
| related to the
operation of an intergovernmental risk |
22 |
| management association or
self-insurance pool or jointly |
23 |
| self-administered health and accident
cooperative or pool.
|
24 |
| (u) Information concerning a university's adjudication |
25 |
| of student or
employee grievance or disciplinary cases, to |
26 |
| the extent that disclosure
would reveal the identity of the |
27 |
| student or employee and information
concerning any public |
28 |
| body's adjudication of student or employee grievances
or |
29 |
| disciplinary cases, except for the final outcome of the |
30 |
| cases.
|
31 |
| (v) Course materials or research materials used by |
32 |
| faculty members.
|
33 |
| (w) Information related solely to the internal |
34 |
| personnel rules and
practices of a public body.
|
35 |
| (x) Information contained in or related to |
36 |
| examination, operating, or
condition reports prepared by, |
|
|
|
SB3067 |
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LRB094 19123 DRJ 54644 b |
|
|
1 |
| on behalf of, or for the use of a public
body responsible |
2 |
| for the regulation or supervision of financial
|
3 |
| institutions or insurance companies, unless disclosure is |
4 |
| otherwise
required by State law.
|
5 |
| (y) Information the disclosure of which is restricted |
6 |
| under Section
5-108 of the Public Utilities Act.
|
7 |
| (z) Manuals or instruction to staff that relate to |
8 |
| establishment or
collection of liability for any State tax |
9 |
| or that relate to investigations
by a public body to |
10 |
| determine violation of any criminal law.
|
11 |
| (aa) Applications, related documents, and medical |
12 |
| records received by
the Experimental Organ Transplantation |
13 |
| Procedures Board and any and all
documents or other records |
14 |
| prepared by the Experimental Organ
Transplantation |
15 |
| Procedures Board or its staff relating to applications
it |
16 |
| has received.
|
17 |
| (bb) Insurance or self insurance (including any |
18 |
| intergovernmental risk
management association or self |
19 |
| insurance pool) claims, loss or risk
management |
20 |
| information, records, data, advice or communications.
|
21 |
| (cc) Information and records held by the Department of |
22 |
| Public Health and
its authorized representatives relating |
23 |
| to known or suspected cases of
sexually transmissible |
24 |
| disease or any information the disclosure of which
is |
25 |
| restricted under the Illinois Sexually Transmissible |
26 |
| Disease Control Act.
|
27 |
| (dd) Information the disclosure of which is exempted |
28 |
| under Section 30
of the Radon Industry Licensing Act.
|
29 |
| (ee) Firm performance evaluations under Section 55 of |
30 |
| the
Architectural, Engineering, and Land Surveying |
31 |
| Qualifications Based
Selection Act.
|
32 |
| (ff) Security portions of system safety program plans, |
33 |
| investigation
reports, surveys, schedules, lists, data, or |
34 |
| information compiled, collected,
or prepared by or for the |
35 |
| Regional Transportation Authority under Section 2.11
of |
36 |
| the Regional Transportation Authority Act or the St. Clair |
|
|
|
SB3067 |
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LRB094 19123 DRJ 54644 b |
|
|
1 |
| County Transit
District under the
Bi-State Transit Safety |
2 |
| Act.
|
3 |
| (gg) Information the disclosure of which is restricted |
4 |
| and
exempted under Section 50 of the Illinois Prepaid |
5 |
| Tuition Act.
|
6 |
| (hh) Information the disclosure of which is
exempted |
7 |
| under the State Officials and Employees Ethics Act.
|
8 |
| (ii) Beginning July 1, 1999, information that would |
9 |
| disclose
or might lead to the disclosure of
secret or |
10 |
| confidential information, codes, algorithms, programs, or |
11 |
| private
keys intended to be used to create electronic or |
12 |
| digital signatures under the
Electronic Commerce Security |
13 |
| Act.
|
14 |
| (jj) Information contained in a local emergency energy |
15 |
| plan submitted to
a municipality in accordance with a local |
16 |
| emergency energy plan ordinance that
is adopted under |
17 |
| Section 11-21.5-5 of the Illinois Municipal Code.
|
18 |
| (kk) Information and data concerning the distribution |
19 |
| of
surcharge moneys collected and remitted by wireless |
20 |
| carriers under the Wireless
Emergency Telephone Safety |
21 |
| Act.
|
22 |
| (ll) Vulnerability assessments, security measures, and |
23 |
| response policies
or plans that are designed to identify, |
24 |
| prevent, or respond to potential
attacks upon a community's |
25 |
| population or systems, facilities, or installations,
the |
26 |
| destruction or contamination of which would constitute a |
27 |
| clear and present
danger to the health or safety of the |
28 |
| community, but only to the extent that
disclosure could |
29 |
| reasonably be expected to jeopardize the effectiveness of |
30 |
| the
measures or the safety of the personnel who implement |
31 |
| them or the public.
Information exempt under this item may |
32 |
| include such things as details
pertaining to the |
33 |
| mobilization or deployment of personnel or equipment, to |
34 |
| the
operation of communication systems or protocols, or to |
35 |
| tactical operations.
|
36 |
| (mm) Maps and other records regarding the location or |
|
|
|
SB3067 |
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LRB094 19123 DRJ 54644 b |
|
|
1 |
| security of a
utility's generation, transmission, |
2 |
| distribution, storage, gathering,
treatment, or switching |
3 |
| facilities.
|
4 |
| (nn) Law enforcement officer identification |
5 |
| information or
driver
identification
information compiled |
6 |
| by a law enforcement agency or the Department of
|
7 |
| Transportation
under Section 11-212 of the Illinois |
8 |
| Vehicle Code.
|
9 |
| (oo) Records and information provided to a residential
|
10 |
| health care
facility resident sexual assault
and death |
11 |
| review team or the Residential Health Care Facility |
12 |
| Resident Sexual
Assault and Death Review Team
Teams |
13 |
| Executive Council under the Abuse Prevention
Residential |
14 |
| Health
Care Facility Resident Sexual Assault and Death |
15 |
| Review Team Act.
|
16 |
| (pp) Information provided to the predatory lending |
17 |
| database created pursuant to Article 3 of the Residential |
18 |
| Real Property Disclosure Act, except to the extent |
19 |
| authorized under that Article.
|
20 |
| (qq)
(pp) Defense budgets and petitions for |
21 |
| certification of compensation and expenses for court |
22 |
| appointed trial counsel as provided under Sections 10 and |
23 |
| 15 of the Capital Crimes Litigation Act. This subsection |
24 |
| (qq)
(pp) shall apply until the conclusion of the trial and |
25 |
| appeal of the case, even if the prosecution chooses not to |
26 |
| pursue the death penalty prior to trial or sentencing.
|
27 |
| (2) This Section does not authorize withholding of |
28 |
| information or limit the
availability of records to the public, |
29 |
| except as stated in this Section or
otherwise provided in this |
30 |
| Act.
|
31 |
| (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, |
32 |
| eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; |
33 |
| 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. |
34 |
| 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; revised |
35 |
| 8-29-05.)
|
|
|
|
SB3067 |
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LRB094 19123 DRJ 54644 b |
|
|
1 |
| Section 5. The Counties Code is amended by changing Section |
2 |
| 3-3020 as follows:
|
3 |
| (55 ILCS 5/3-3020) (from Ch. 34, par. 3-3020)
|
4 |
| Sec. 3-3020. Coroner to be notified; violation. |
5 |
| (a) Every law enforcement official, funeral director, |
6 |
| ambulance attendant,
hospital director or administrator or |
7 |
| person having custody of the body of
a deceased person, where |
8 |
| the death is one subject to investigation under
Section 3-3013, |
9 |
| and any physician in attendance upon such a
decedent at the |
10 |
| time of his death, shall notify the coroner promptly. Any
such |
11 |
| person failing to so notify the coroner promptly shall be |
12 |
| guilty of a
Class A misdemeanor, unless such person has |
13 |
| reasonable cause to believe
that the coroner had already been |
14 |
| so notified.
|
15 |
| (b) Every administrator of a long-term care facility |
16 |
| licensed under the Nursing Home Care Act having custody of any |
17 |
| deceased resident of the facility shall notify the coroner or |
18 |
| medical examiner within 24 hours after the death in accordance |
19 |
| with the Nursing Home Care Act by using the prescribed form |
20 |
| developed with assistance from a statewide association |
21 |
| representing coroners or medical examiners. The local coroner |
22 |
| or medical examiner shall submit that report to the Department |
23 |
| and shall also alert the Department to any reported deaths that |
24 |
| should be investigated. Any such person failing to so promptly |
25 |
| notify the coroner or medical examiner shall be guilty of a |
26 |
| Class A misdemeanor, unless such person has reasonable cause to |
27 |
| believe that the notification had already occurred.
|
28 |
| (Source: P.A. 86-962.)
|
29 |
| Section 10. The Abuse Prevention Review Team Act is amended |
30 |
| by changing Sections 5, 10, 15, 20, 25, 30, 35, 40, and 85 and |
31 |
| by adding Sections 45 and 50 as follows:
|
32 |
| (210 ILCS 28/5)
|
33 |
| (Section scheduled to be repealed on July 1, 2006)
|
|
|
|
SB3067 |
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LRB094 19123 DRJ 54644 b |
|
|
1 |
| Sec. 5. State policy. The following statements are the |
2 |
| policy of this
State:
|
3 |
| (1) Every nursing home resident is entitled to live in |
4 |
| safety and decency
and
to receive competent and respectful |
5 |
| care that meets the requirements of State
and federal law.
|
6 |
| (2) Responding to sexual assaults of
on nursing home |
7 |
| residents and to
unnecessary nursing home resident deaths |
8 |
| is a State and a community
responsibility.
|
9 |
| (3) When a nursing home resident is sexually assaulted |
10 |
| or dies
unnecessarily,
the response by the State and the |
11 |
| community to the assault or death must
include an accurate |
12 |
| and complete determination of the cause of the assault or
|
13 |
| death and the development and implementation of measures to |
14 |
| prevent future
assaults or deaths from similar causes. The |
15 |
| response may include court action,
including prosecution |
16 |
| of persons who may be responsible for the assault or
death
|
17 |
| and proceedings to protect other residents of the facility |
18 |
| where the resident
lived,
and disciplinary action against |
19 |
| persons who failed to meet their professional
|
20 |
| responsibilities to the resident.
|
21 |
| (4) Professionals from disparate disciplines and |
22 |
| agencies who have
responsibilities for nursing home |
23 |
| residents and expertise that can promote
resident safety |
24 |
| and well-being should share their expertise and knowledge |
25 |
| so
that the goals of determining the causes of sexual |
26 |
| assaults and unnecessary
resident deaths, planning and |
27 |
| providing services to surviving residents, and
preventing |
28 |
| future assaults and unnecessary deaths can be achieved.
|
29 |
| (5) A greater understanding of the incidence and causes |
30 |
| of sexual assaults
against nursing home residents and |
31 |
| unnecessary nursing home resident deaths
is necessary if |
32 |
| the State is to prevent future assaults and unnecessary |
33 |
| deaths.
|
34 |
| (6) Multi-disciplinary and multi-agency reviews of |
35 |
| sexual assaults against
nursing home residents and |
36 |
| unnecessary nursing home resident deaths can
assist the |
|
|
|
SB3067 |
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LRB094 19123 DRJ 54644 b |
|
|
1 |
| State and counties in (i) investigating resident sexual |
2 |
| assaults and
deaths, (ii) developing a greater |
3 |
| understanding of the incidence and causes of
resident |
4 |
| sexual assault and deaths and the methods for preventing |
5 |
| those
assaults and deaths, and (iii) identifying gaps in |
6 |
| services to nursing home
residents.
|
7 |
| (7) Access to information regarding assaulted and |
8 |
| deceased nursing home
residents by one multi-disciplinary |
9 |
| and multi-agency Residential Health Care Facility Resident |
10 |
| Sexual Assault And Death Review Team
nursing home resident |
11 |
| sexual
assault and death review teams is necessary for the |
12 |
| Review Team
those teams to fulfill its
achieve their
|
13 |
| purposes and duties.
|
14 |
| (Source: P.A. 93-577, eff. 8-21-03.)
|
15 |
| (210 ILCS 28/10)
|
16 |
| (Section scheduled to be repealed on July 1, 2006)
|
17 |
| Sec. 10. Definitions. As used in this Act, unless the |
18 |
| context requires
otherwise:
|
19 |
| "Department" means the Department of Public Health.
|
20 |
| "Director" means the Director of Public Health.
|
21 |
| "Executive Council" means the Illinois Residential Health |
22 |
| Care Facility
Resident Sexual
Assault and Death Review Teams |
23 |
| Executive Council.
|
24 |
| "Resident" means a person residing in and receiving |
25 |
| personal care from a
facility licensed under the Nursing Home |
26 |
| Care Act.
|
27 |
| "Review Team
team " means the Residential Health Care |
28 |
| Facility Resident Sexual Assault And Death Review Team
a |
29 |
| residential health care facility resident sexual
assault and |
30 |
| death review
team appointed under this Act.
|
31 |
| (Source: P.A. 93-577, eff. 8-21-03.)
|
32 |
| (210 ILCS 28/15)
|
33 |
| (Section scheduled to be repealed on July 1, 2006)
|
34 |
| Sec. 15. Review Team; establishment.
Residential health |
|
|
|
SB3067 |
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LRB094 19123 DRJ 54644 b |
|
|
1 |
| care facility resident sexual assault and
death review teams;
|
2 |
| establishment.
|
3 |
| (a) The Director, in consultation with the Executive |
4 |
| Council and with law
enforcement agencies
and other |
5 |
| professionals who work in the field of investigating, treating, |
6 |
| or
preventing nursing home resident abuse or neglect in each of |
7 |
| the Department's
administrative regions of the State, shall
|
8 |
| appoint members to the Residential Health Care Facility |
9 |
| Resident Sexual Assault And Death Review Team
a residential |
10 |
| health care facility resident sexual assault
and death review
|
11 |
| team in each such region
outside
Cook County and to at least |
12 |
| one review team in Cook County . The members of the Review Team
|
13 |
| a
team shall be appointed for 2-year staggered terms and shall |
14 |
| be eligible for
reappointment
upon the expiration of their |
15 |
| terms.
|
16 |
| (b) The Review Team
Each review team shall
consist of at |
17 |
| least one member from each of the following categories:
|
18 |
| (1) Geriatrician or other physician knowledgeable |
19 |
| about nursing home
resident abuse and neglect.
|
20 |
| (2) Representative of the Department.
|
21 |
| (3) State's Attorney or State's Attorney's |
22 |
| representative.
|
23 |
| (4) Representative of a local law enforcement agency.
|
24 |
| (5) Representative of the Illinois Attorney General.
|
25 |
| (6) Psychologist or psychiatrist.
|
26 |
| (7) Representative of a local health department.
|
27 |
| (8) Representative of a social service or health care |
28 |
| agency that provides
services to persons with mental |
29 |
| illness, in a program whose accreditation to
provide such |
30 |
| services is recognized by the Office of Mental Health
|
31 |
| within the Department of Human Services.
|
32 |
| (9) Representative of a social service or health care |
33 |
| agency that
provides
services to persons with |
34 |
| developmental disabilities, in a program whose
|
35 |
| accreditation to provide such services is recognized by the |
36 |
| Office of
Developmental Disabilities within the Department |
|
|
|
SB3067 |
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LRB094 19123 DRJ 54644 b |
|
|
1 |
| of Human Services.
|
2 |
| (10) Coroner or forensic pathologist.
|
3 |
| (11) Representative of the local sub-state ombudsman.
|
4 |
| (12) Representative of a nursing home resident |
5 |
| advocacy organization.
|
6 |
| (13) Representative of a local hospital, trauma |
7 |
| center, or provider of
emergency medical services.
|
8 |
| (14) Representative of an organization that represents |
9 |
| nursing homes.
|
10 |
| The Review Team
Each review team may make recommendations |
11 |
| to the Director concerning
additional appointments.
Each |
12 |
| Review Team
review team member must have demonstrated |
13 |
| experience and an
interest in investigating, treating, or |
14 |
| preventing nursing home resident abuse
or
neglect.
|
15 |
| (c) The Review Team
Each review team shall
select a |
16 |
| chairperson from among its members. The chairperson shall also |
17 |
| serve
on the Illinois Residential Health Care Facility Sexual |
18 |
| Assault and Death
Review Teams Executive
Council.
|
19 |
| (Source: P.A. 93-577, eff. 8-21-03.)
|
20 |
| (210 ILCS 28/20)
|
21 |
| (Section scheduled to be repealed on July 1, 2006)
|
22 |
| Sec. 20. Reviews of nursing home resident sexual assaults |
23 |
| and deaths.
|
24 |
| (a) Every reported case of sexual assault of a nursing home |
25 |
| resident that results in the Department issuing any notice of |
26 |
| violation under the Nursing Home Care Act
is confirmed shall be |
27 |
| reviewed by the Review Team
review team for the region that has |
28 |
| primary case management responsibility .
|
29 |
| (b) Every death of a nursing home resident shall be |
30 |
| reviewed by the Review Team
review
team for
the region that has |
31 |
| primary case management responsibility, if the
deceased |
32 |
| resident is one of the following:
|
33 |
| (1) A person whose death results in the Department |
34 |
| issuing any notice of violation under the Nursing Home Care |
35 |
| Act
care the Department found violated federal or
State |
|
|
|
SB3067 |
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LRB094 19123 DRJ 54644 b |
|
|
1 |
| standards in the 6 months preceding the resident's death .
|
2 |
| (2) A person whose death was reported to the Department |
3 |
| for investigation pursuant to the reporting requirements |
4 |
| for coroners and medical examiners under subsection (b) of |
5 |
| Section 3-213 of the Nursing Home Care Act
care was the |
6 |
| subject of a complaint to the Department
in the 30 days |
7 |
| preceding the resident's death, or after the resident's |
8 |
| death.
A review team may, at its discretion, review other |
9 |
| sudden, unexpected, or
unexplained nursing home resident |
10 |
| deaths .
|
11 |
| (c) The Review Team's
(b) A review team's purpose
in |
12 |
| conducting reviews of resident sexual assaults and deaths is to |
13 |
| do the
following:
|
14 |
| (1) Assist in determining the cause and manner of the |
15 |
| resident's assault
or death, when requested.
|
16 |
| (2) Evaluate means, if any, by which the assault or |
17 |
| death might have been
prevented.
|
18 |
| (3) Report its findings to the Director
appropriate |
19 |
| agencies and make recommendations
that may help to reduce |
20 |
| the number of sexual assaults on and unnecessary
deaths of |
21 |
| nursing home residents.
|
22 |
| (4) Promote continuing education for professionals |
23 |
| involved in
investigating, treating, and preventing |
24 |
| nursing home resident abuse and neglect
as a means of |
25 |
| preventing sexual assaults and unnecessary deaths of |
26 |
| nursing
home residents.
|
27 |
| (5) Make specific recommendations to the Director |
28 |
| concerning the
prevention of sexual assaults and |
29 |
| unnecessary deaths of nursing home residents
and the |
30 |
| establishment of protocols for investigating resident |
31 |
| sexual assaults
and
deaths.
|
32 |
| (d) The Review Team
(c) A review team must review the
a |
33 |
| sexual assault or death cases submitted to it on a quarterly |
34 |
| basis. The Review Team
as soon as
practicable
and not later |
35 |
| than 90 days following the completion by the Department of the
|
36 |
| investigation of the assault or death under the Nursing Home |
|
|
|
SB3067 |
- 21 - |
LRB094 19123 DRJ 54644 b |
|
|
1 |
| Care Act. When
there has been no investigation by the |
2 |
| Department, the review team must review
a sexual assault or |
3 |
| death within 90 days after obtaining the information
necessary |
4 |
| to complete the review from the coroner, pathologist, medical
|
5 |
| examiner, or law enforcement agency, depending on the nature of |
6 |
| the case. A
review team must meet at least once in each |
7 |
| calendar quarter.
|
8 |
| (e) The Review Team shall regularly report its findings and |
9 |
| recommendations to the Director.
(d) Within 90 days after |
10 |
| receiving recommendations
made by the Review Team
a review team |
11 |
| under item (5) of subsection (c)
(b) , the Director must
review |
12 |
| those recommendations and respond to the Review Team
review |
13 |
| team . The Director shall
implement
recommendations as feasible |
14 |
| and appropriate and shall respond to the Review Team
review
|
15 |
| team in writing to
explain the implementation or |
16 |
| nonimplementation of the recommendations.
|
17 |
| (f)
(e) In any instance when the Review Team
a review team |
18 |
| does not operate in accordance with
established protocol, the |
19 |
| Director , in consultation and cooperation with the
Executive |
20 |
| Council, must take any necessary actions to bring the Review |
21 |
| Team
review team
into compliance with the protocol.
|
22 |
| (Source: P.A. 93-577, eff. 8-21-03.)
|
23 |
| (210 ILCS 28/25)
|
24 |
| (Section scheduled to be repealed on July 1, 2006)
|
25 |
| Sec. 25. Review Team
team access to information. (a) The |
26 |
| Department shall provide to the Review Team
a
review team, on |
27 |
| the request of the review team chairperson, all
records and |
28 |
| information in the Department's possession that are relevant to
|
29 |
| the Review Team's
review team's review of a sexual assault or |
30 |
| death described in subsection (b) of Section 20 , including |
31 |
| records and
information concerning previous reports or |
32 |
| investigations of suspected
abuse or neglect.
|
33 |
| (b) A review team shall have access to all records and |
34 |
| information
that are relevant to its review of a sexual assault |
35 |
| or death and in the
possession of a State or local governmental |
|
|
|
SB3067 |
- 22 - |
LRB094 19123 DRJ 54644 b |
|
|
1 |
| agency. These records and
information include, without |
2 |
| limitation, death certificates, all relevant
medical and |
3 |
| mental health records, records of law enforcement agency
|
4 |
| investigations, records of coroner or medical examiner |
5 |
| investigations,
records of the Department of Corrections |
6 |
| concerning a person's parole,
records of a probation and court |
7 |
| services department, and records of a
social services agency |
8 |
| that provided services to the resident.
|
9 |
| (Source: P.A. 93-577, eff. 8-21-03.)
|
10 |
| (210 ILCS 28/30)
|
11 |
| (Section scheduled to be repealed on July 1, 2006)
|
12 |
| Sec. 30. Public access to information.
|
13 |
| (a) Meetings of the Review Team
review
teams and the |
14 |
| Executive Council shall be closed to the public. Meetings of |
15 |
| the Review Team
review teams and the Executive Council are not |
16 |
| subject to the Open Meetings
Act, as provided in that Act.
|
17 |
| (b) Records and information provided to the Review Team
a
|
18 |
| review team and the Executive Council , and records
maintained by |
19 |
| the Review Team
a review team or the Executive Council , are |
20 |
| confidential and not
subject
to the Freedom of Information Act, |
21 |
| as provided in that Act.
Nothing contained in this subsection |
22 |
| (b) prevents the sharing or disclosure of
records, other than |
23 |
| those produced by a review team or the
Executive Council, |
24 |
| relating or pertaining to the sexual assault or death of a
|
25 |
| resident.
|
26 |
| (c) Members of the Review Team
a review team
and the |
27 |
| Executive Council are not subject to examination, in any civil |
28 |
| or
criminal
proceeding, concerning information presented to |
29 |
| members of the Review Team
review team or
the
Executive Council |
30 |
| or opinions formed by members of the Review Team
review team or |
31 |
| the
Executive
Council based on that information. A person may, |
32 |
| however, be examined
concerning information provided to a |
33 |
| review team or the Executive Council that
is
otherwise |
34 |
| available to the public.
|
35 |
| (d) Records and information produced by the Review Team
a
|
|
|
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| review team and the Executive Council are not subject to
|
2 |
| discovery or subpoena and are not admissible as evidence in any |
3 |
| civil , administrative, or
criminal
proceeding. Those records |
4 |
| and information are, however, subject to discovery or
a |
5 |
| subpoena, and are admissible as evidence, to the extent they |
6 |
| are otherwise
available to the public.
|
7 |
| (Source: P.A. 93-577, eff. 8-21-03.)
|
8 |
| (210 ILCS 28/35)
|
9 |
| (Section scheduled to be repealed on July 1, 2006)
|
10 |
| Sec. 35. Indemnification. The State shall indemnify and |
11 |
| hold harmless
members of the Review Team
a review team and
the |
12 |
| Executive Council for all their acts, omissions, decisions, or |
13 |
| other
conduct
arising out of the scope of their service on the |
14 |
| Review Team
review team or Executive
Council ,
except
those |
15 |
| involving willful or wanton misconduct. The method of providing
|
16 |
| indemnification shall be as provided in the State Employee |
17 |
| Indemnification Act.
|
18 |
| (Source: P.A. 93-577, eff. 8-21-03.)
|
19 |
| (210 ILCS 28/40)
|
20 |
| (Section scheduled to be repealed on July 1, 2006)
|
21 |
| Sec. 40. Review Team; duties
Executive Council .
|
22 |
| (a) The Illinois Residential Health Care Facility Resident |
23 |
| Sexual Assault
and Death Review
Teams Executive Council, |
24 |
| consisting of the chairperson of each
review team established |
25 |
| under Section 15, is the coordinating and oversight
body for |
26 |
| residential health care facility
resident sexual assault and |
27 |
| death review teams and activities in Illinois. The
|
28 |
| vice-chairperson of a review team, as designated by the
|
29 |
| chairperson, may
serve as a back-up member or an alternate |
30 |
| member of the Executive Council, if
the chairperson of the |
31 |
| review team is unavailable to serve on the
Executive Council. |
32 |
| The Director may appoint to the Executive Council any
|
33 |
| ex-officio members deemed necessary. Persons with expertise |
34 |
| needed by the
Executive Council may be invited to meetings. The |
|
|
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| Executive Council must
select from its members a chairperson |
2 |
| and a vice-chairperson, each to serve a
2-year, renewable term.
|
3 |
| The Executive Council must meet at least 4 times during each |
4 |
| calendar year.
|
5 |
| (a)
(b) The Department must provide or arrange for the |
6 |
| staff support necessary
for the Review Team
Executive Council |
7 |
| to carry out its duties.
|
8 |
| (b)
(c) The Review Team
Executive Council has, but is not |
9 |
| limited to, the following duties:
|
10 |
| (1) To request assistance from the Department as needed
|
11 |
| serve as the voice of
review teams in Illinois .
|
12 |
| (2) To consult with the Director concerning the |
13 |
| appointment,
reappointment, and removal of Review Team
|
14 |
| review team members.
|
15 |
| (3) To oversee the review teams in order to ensure that |
16 |
| its
the teams' work
is coordinated and in compliance with |
17 |
| the statutes and the operating protocol.
|
18 |
| (4) To ensure that the data, results, findings, and |
19 |
| recommendations of the Review Team
review teams are |
20 |
| adequately used to make any necessary changes in the |
21 |
| policies,
procedures, and statutes in order to protect |
22 |
| nursing home residents in a timely
manner.
|
23 |
| (5) To collaborate with the General Assembly, the |
24 |
| Department , and others
in order to develop any legislation |
25 |
| needed to prevent nursing home resident
sexual assaults and |
26 |
| unnecessary deaths and to protect nursing home residents.
|
27 |
| (6) To assist in the development of an
quarterly and |
28 |
| annual report
reports based on
the work and the findings of |
29 |
| the Review Team
review teams .
|
30 |
| (7) To ensure that the Review Team's
review teams' |
31 |
| review processes are standardized
in order to convey data, |
32 |
| findings, and recommendations in a usable format.
|
33 |
| (8) To serve as a link with other review teams |
34 |
| throughout the country and
to participate in national |
35 |
| review team activities.
|
36 |
| (9) To develop an annual statewide symposium to update |
|
|
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| the knowledge
and skills of review team members and to |
2 |
| promote the exchange of information
between review teams.
|
3 |
| (9)
(10) To provide the Review Team members
review |
4 |
| teams with the most current information and
practices |
5 |
| concerning nursing home resident sexual assault and |
6 |
| unnecessary
death review and related topics.
|
7 |
| (10)
(11) To perform any other functions necessary to |
8 |
| enhance the capability
of
the Review Team
review teams to |
9 |
| reduce and prevent sexual assaults and unnecessary
deaths |
10 |
| of nursing home residents.
|
11 |
| (Source: P.A. 93-577, eff. 8-21-03.)
|
12 |
| (210 ILCS 28/45 new) |
13 |
| Sec. 45. Department's annual report. The Department shall |
14 |
| include as an addition to its annual Long-Term Care Report to |
15 |
| the General Assembly a report of the activities of the Review |
16 |
| Team, the results of the Review Team's findings, |
17 |
| recommendations made to the Department by the Review Team, and, |
18 |
| as applicable, either (i) the implementation of the |
19 |
| recommendations or (ii) the reasons the recommendations were |
20 |
| not implemented. |
21 |
| (210 ILCS 28/50 new) |
22 |
| Sec. 50. Reports to and by coroner or medical examiner. |
23 |
| Every facility licensed under the Nursing Home Care Act shall |
24 |
| report deaths of residents of the facility to the coroner or |
25 |
| medical examiner as required under the Nursing Home Care Act. |
26 |
| The local coroner or medical examiner shall submit each such |
27 |
| report to the Department and shall also alert the Department to |
28 |
| any reported deaths that should be investigated.
|
29 |
| (210 ILCS 28/85)
|
30 |
| (Section scheduled to be repealed on July 1, 2006)
|
31 |
| Sec. 85. Repeal. This Act is repealed on July 1, 2011
2006 .
|
32 |
| (Source: P.A. 93-577, eff. 8-21-03.)
|
|
|
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| Section 15. The Nursing Home Care Act is amended by |
2 |
| changing Section 3-213 as follows:
|
3 |
| (210 ILCS 45/3-213) (from Ch. 111 1/2, par. 4153-213)
|
4 |
| Sec. 3-213. Reports; access and copying.
|
5 |
| (a) The Department shall require periodic reports and shall |
6 |
| have
access to and may reproduce or photocopy at its cost any |
7 |
| books, records,
and other documents maintained by the facility |
8 |
| to the extent necessary to
carry out this Act and the rules |
9 |
| promulgated under this Act. The Department
shall not divulge or |
10 |
| disclose the contents of a record under this Section
in |
11 |
| violation of Section 2-206 or as otherwise prohibited by this |
12 |
| Act.
|
13 |
| (b) Within 24 hours after the death of a resident of a |
14 |
| facility, the facility must submit a report of the resident's |
15 |
| death to the local coroner or medical examiner. If a former |
16 |
| resident of a facility dies within 30 days after being |
17 |
| discharged from the facility, the facility shall submit a |
18 |
| report of the resident's death to the local coroner or medical |
19 |
| examiner within 24 hours after learning of the former |
20 |
| resident's death. The Department, in an effort to identify all |
21 |
| deaths occurring in long-term care facilities in the State, |
22 |
| shall develop, with assistance from a statewide association |
23 |
| representing coroners or medical examiners, a reporting format |
24 |
| to be used on a mandatory basis by all long-term care |
25 |
| facilities in the State in reporting deaths under this |
26 |
| subsection. Upon receiving a report of a death under this |
27 |
| subsection, the local coroner or medical examiner shall forward |
28 |
| a copy of that report to the Department and shall also alert |
29 |
| the Department to any reported deaths that should be |
30 |
| investigated.
|
31 |
| (Source: P.A. 83-1530.)
|
32 |
| Section 99. Effective date. This Act takes effect upon |
33 |
| becoming law.
|