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1 | AN ACT concerning public health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7 as follows: | ||||||
6 | (5 ILCS 140/7) (from Ch. 116, par. 207)
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7 | Sec. 7. Exemptions.
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8 | (1) The following shall be exempt from inspection and | ||||||
9 | copying:
| ||||||
10 | (a) Information specifically prohibited from | ||||||
11 | disclosure by federal or
State law or rules and regulations | ||||||
12 | adopted under federal or State law.
| ||||||
13 | (b) Information that, if disclosed, would constitute a | ||||||
14 | clearly
unwarranted invasion of personal privacy, unless | ||||||
15 | the disclosure is
consented to in writing by the individual | ||||||
16 | subjects of the information. The
disclosure of information | ||||||
17 | that bears on the public duties of public
employees and | ||||||
18 | officials shall not be considered an invasion of personal
| ||||||
19 | privacy. Information exempted under this subsection (b) | ||||||
20 | shall include but
is not limited to:
| ||||||
21 | (i) files and personal information maintained with | ||||||
22 | respect to
clients, patients, residents, students or | ||||||
23 | other individuals receiving
social, medical, |
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1 | educational, vocational, financial, supervisory or
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2 | custodial care or services directly or indirectly from | ||||||
3 | federal agencies
or public bodies;
| ||||||
4 | (ii) personnel files and personal information | ||||||
5 | maintained with
respect to employees, appointees or | ||||||
6 | elected officials of any public body or
applicants for | ||||||
7 | those positions;
| ||||||
8 | (iii) files and personal information maintained | ||||||
9 | with respect to any
applicant, registrant or licensee | ||||||
10 | by any public body cooperating with or
engaged in | ||||||
11 | professional or occupational registration, licensure | ||||||
12 | or discipline;
| ||||||
13 | (iv) information required of any taxpayer in | ||||||
14 | connection with the
assessment or collection of any tax | ||||||
15 | unless disclosure is otherwise required
by State | ||||||
16 | statute;
| ||||||
17 | (v) information revealing the identity of persons | ||||||
18 | who file complaints
with or provide information to | ||||||
19 | administrative, investigative, law enforcement
or | ||||||
20 | penal agencies; provided, however, that identification | ||||||
21 | of witnesses to
traffic accidents, traffic accident | ||||||
22 | reports, and rescue reports may be provided
by agencies | ||||||
23 | of local government, except in a case for which a | ||||||
24 | criminal
investigation is ongoing, without | ||||||
25 | constituting a clearly unwarranted per se
invasion of | ||||||
26 | personal privacy under this subsection; and
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1 | (vi) the names, addresses, or other personal | ||||||
2 | information of
participants and registrants in park | ||||||
3 | district, forest preserve district, and
conservation | ||||||
4 | district programs.
| ||||||
5 | (c) Records compiled by any public body for | ||||||
6 | administrative enforcement
proceedings and any law | ||||||
7 | enforcement or correctional agency for
law enforcement | ||||||
8 | purposes or for internal matters of a public body,
but only | ||||||
9 | to the extent that disclosure would:
| ||||||
10 | (i) interfere with pending or actually and | ||||||
11 | reasonably contemplated
law enforcement proceedings | ||||||
12 | conducted by any law enforcement or correctional
| ||||||
13 | agency;
| ||||||
14 | (ii) interfere with pending administrative | ||||||
15 | enforcement proceedings
conducted by any public body;
| ||||||
16 | (iii) deprive a person of a fair trial or an | ||||||
17 | impartial hearing;
| ||||||
18 | (iv) unavoidably disclose the identity of a | ||||||
19 | confidential source or
confidential information | ||||||
20 | furnished only by the confidential source;
| ||||||
21 | (v) disclose unique or specialized investigative | ||||||
22 | techniques other than
those generally used and known or | ||||||
23 | disclose internal documents of
correctional agencies | ||||||
24 | related to detection, observation or investigation of
| ||||||
25 | incidents of crime or misconduct;
| ||||||
26 | (vi) constitute an invasion of personal privacy |
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1 | under subsection (b) of
this Section;
| ||||||
2 | (vii) endanger the life or physical safety of law | ||||||
3 | enforcement personnel
or any other person; or
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4 | (viii) obstruct an ongoing criminal investigation.
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5 | (d) Criminal history record information maintained by | ||||||
6 | State or local
criminal justice agencies, except the | ||||||
7 | following which shall be open for
public inspection and | ||||||
8 | copying:
| ||||||
9 | (i) chronologically maintained arrest information, | ||||||
10 | such as traditional
arrest logs or blotters;
| ||||||
11 | (ii) the name of a person in the custody of a law | ||||||
12 | enforcement agency and
the charges for which that | ||||||
13 | person is being held;
| ||||||
14 | (iii) court records that are public;
| ||||||
15 | (iv) records that are otherwise available under | ||||||
16 | State or local law; or
| ||||||
17 | (v) records in which the requesting party is the | ||||||
18 | individual
identified, except as provided under part | ||||||
19 | (vii) of
paragraph (c) of subsection (1) of this | ||||||
20 | Section.
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21 | "Criminal history record information" means data | ||||||
22 | identifiable to an
individual and consisting of | ||||||
23 | descriptions or notations of arrests,
detentions, | ||||||
24 | indictments, informations, pre-trial proceedings, trials, | ||||||
25 | or
other formal events in the criminal justice system or | ||||||
26 | descriptions or
notations of criminal charges (including |
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1 | criminal violations of local
municipal ordinances) and the | ||||||
2 | nature of any disposition arising therefrom,
including | ||||||
3 | sentencing, court or correctional supervision, | ||||||
4 | rehabilitation and
release. The term does not apply to | ||||||
5 | statistical records and reports in
which individuals are | ||||||
6 | not identified and from which
their identities are not | ||||||
7 | ascertainable, or to information that is for
criminal | ||||||
8 | investigative or intelligence purposes.
| ||||||
9 | (e) Records that relate to or affect the security of | ||||||
10 | correctional
institutions and detention facilities.
| ||||||
11 | (f) Preliminary drafts, notes, recommendations, | ||||||
12 | memoranda and other
records in which opinions are | ||||||
13 | expressed, or policies or actions are
formulated, except | ||||||
14 | that a specific record or relevant portion of a
record | ||||||
15 | shall not be exempt when the record is publicly cited
and | ||||||
16 | identified by the head of the public body. The exemption | ||||||
17 | provided in
this paragraph (f) extends to all those records | ||||||
18 | of officers and agencies
of the General Assembly that | ||||||
19 | pertain to the preparation of legislative
documents.
| ||||||
20 | (g) Trade secrets and commercial or financial | ||||||
21 | information obtained from
a person or business where the | ||||||
22 | trade secrets or information are
proprietary, privileged | ||||||
23 | or confidential, or where disclosure of the trade
secrets | ||||||
24 | or information may cause competitive harm, including: | ||||||
25 | (i) All
information determined to be confidential | ||||||
26 | under Section 4002 of the
Technology Advancement and |
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| |||||||
1 | Development Act. | ||||||
2 | (ii) All trade secrets and commercial or financial | ||||||
3 | information obtained by a public body, including a | ||||||
4 | public pension fund, from a private equity fund or a | ||||||
5 | privately held company within the investment portfolio | ||||||
6 | of a private equity fund as a result of either | ||||||
7 | investing or evaluating a potential investment of | ||||||
8 | public funds in a private equity fund. The exemption | ||||||
9 | contained in this item does not apply to the aggregate | ||||||
10 | financial performance information of a private equity | ||||||
11 | fund, nor to the identity of the fund's managers or | ||||||
12 | general partners. The exemption contained in this item | ||||||
13 | does not apply to the identity of a privately held | ||||||
14 | company within the investment portfolio of a private | ||||||
15 | equity fund, unless the disclosure of the identity of a | ||||||
16 | privately held company may cause competitive harm.
| ||||||
17 | Nothing contained in this
paragraph (g) shall be construed | ||||||
18 | to prevent a person or business from
consenting to disclosure.
| ||||||
19 | (h) Proposals and bids for any contract, grant, or | ||||||
20 | agreement, including
information which if it were | ||||||
21 | disclosed would frustrate procurement or give
an advantage | ||||||
22 | to any person proposing to enter into a contractor | ||||||
23 | agreement
with the body, until an award or final selection | ||||||
24 | is made. Information
prepared by or for the body in | ||||||
25 | preparation of a bid solicitation shall be
exempt until an | ||||||
26 | award or final selection is made.
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| |||||||
1 | (i) Valuable formulae,
computer geographic systems,
| ||||||
2 | designs, drawings and research data obtained or
produced by | ||||||
3 | any public body when disclosure could reasonably be | ||||||
4 | expected to
produce private gain or public loss.
The | ||||||
5 | exemption for "computer geographic systems" provided in | ||||||
6 | this paragraph
(i) does not extend to requests made by news | ||||||
7 | media as defined in Section 2 of
this Act when the | ||||||
8 | requested information is not otherwise exempt and the only
| ||||||
9 | purpose of the request is to access and disseminate | ||||||
10 | information regarding the
health, safety, welfare, or | ||||||
11 | legal rights of the general public.
| ||||||
12 | (j) Test questions, scoring keys and other examination | ||||||
13 | data used to
administer an academic examination or | ||||||
14 | determined the qualifications of an
applicant for a license | ||||||
15 | or employment.
| ||||||
16 | (k) Architects' plans, engineers' technical | ||||||
17 | submissions, and
other
construction related technical | ||||||
18 | documents for
projects not constructed or developed in | ||||||
19 | whole or in part with public funds
and the same for | ||||||
20 | projects constructed or developed with public funds, but
| ||||||
21 | only to the extent
that disclosure would compromise | ||||||
22 | security, including but not limited to water
treatment | ||||||
23 | facilities, airport facilities, sport stadiums, convention | ||||||
24 | centers,
and all government owned, operated, or occupied | ||||||
25 | buildings.
| ||||||
26 | (l) Library circulation and order records identifying |
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| |||||||
1 | library users with
specific materials.
| ||||||
2 | (m) Minutes of meetings of public bodies closed to the
| ||||||
3 | public as provided in the Open Meetings Act until the | ||||||
4 | public body
makes the minutes available to the public under | ||||||
5 | Section 2.06 of the Open
Meetings Act.
| ||||||
6 | (n) Communications between a public body and an | ||||||
7 | attorney or auditor
representing the public body that would | ||||||
8 | not be subject to discovery in
litigation, and materials | ||||||
9 | prepared or compiled by or for a public body in
| ||||||
10 | anticipation of a criminal, civil or administrative | ||||||
11 | proceeding upon the
request of an attorney advising the | ||||||
12 | public body, and materials prepared or
compiled with | ||||||
13 | respect to internal audits of public bodies.
| ||||||
14 | (o) Information received by a primary or secondary | ||||||
15 | school, college or
university under its procedures for the | ||||||
16 | evaluation of faculty members by
their academic peers.
| ||||||
17 | (p) Administrative or technical information associated | ||||||
18 | with automated
data processing operations, including but | ||||||
19 | not limited to software,
operating protocols, computer | ||||||
20 | program abstracts, file layouts, source
listings, object | ||||||
21 | modules, load modules, user guides, documentation
| ||||||
22 | pertaining to all logical and physical design of | ||||||
23 | computerized systems,
employee manuals, and any other | ||||||
24 | information that, if disclosed, would
jeopardize the | ||||||
25 | security of the system or its data or the security of
| ||||||
26 | materials exempt under this Section.
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1 | (q) Documents or materials relating to collective | ||||||
2 | negotiating matters
between public bodies and their | ||||||
3 | employees or representatives, except that
any final | ||||||
4 | contract or agreement shall be subject to inspection and | ||||||
5 | copying.
| ||||||
6 | (r) Drafts, notes, recommendations and memoranda | ||||||
7 | pertaining to the
financing and marketing transactions of | ||||||
8 | the public body. The records of
ownership, registration, | ||||||
9 | transfer, and exchange of municipal debt
obligations, and | ||||||
10 | of persons to whom payment with respect to these | ||||||
11 | obligations
is made.
| ||||||
12 | (s) The records, documents and information relating to | ||||||
13 | real estate
purchase negotiations until those negotiations | ||||||
14 | have been completed or
otherwise terminated. With regard to | ||||||
15 | a parcel involved in a pending or
actually and reasonably | ||||||
16 | contemplated eminent domain proceeding under the Eminent | ||||||
17 | Domain Act, records, documents and
information relating to | ||||||
18 | that parcel shall be exempt except as may be
allowed under | ||||||
19 | discovery rules adopted by the Illinois Supreme Court. The
| ||||||
20 | records, documents and information relating to a real | ||||||
21 | estate sale shall be
exempt until a sale is consummated.
| ||||||
22 | (t) Any and all proprietary information and records | ||||||
23 | related to the
operation of an intergovernmental risk | ||||||
24 | management association or
self-insurance pool or jointly | ||||||
25 | self-administered health and accident
cooperative or pool.
| ||||||
26 | (u) Information concerning a university's adjudication |
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| |||||||
1 | of student or
employee grievance or disciplinary cases, to | ||||||
2 | the extent that disclosure
would reveal the identity of the | ||||||
3 | student or employee and information
concerning any public | ||||||
4 | body's adjudication of student or employee grievances
or | ||||||
5 | disciplinary cases, except for the final outcome of the | ||||||
6 | cases.
| ||||||
7 | (v) Course materials or research materials used by | ||||||
8 | faculty members.
| ||||||
9 | (w) Information related solely to the internal | ||||||
10 | personnel rules and
practices of a public body.
| ||||||
11 | (x) Information contained in or related to | ||||||
12 | examination, operating, or
condition reports prepared by, | ||||||
13 | on behalf of, or for the use of a public
body responsible | ||||||
14 | for the regulation or supervision of financial
| ||||||
15 | institutions or insurance companies, unless disclosure is | ||||||
16 | otherwise
required by State law.
| ||||||
17 | (y) Information the disclosure of which is restricted | ||||||
18 | under Section
5-108 of the Public Utilities Act.
| ||||||
19 | (z) Manuals or instruction to staff that relate to | ||||||
20 | establishment or
collection of liability for any State tax | ||||||
21 | or that relate to investigations
by a public body to | ||||||
22 | determine violation of any criminal law.
| ||||||
23 | (aa) Applications, related documents, and medical | ||||||
24 | records received by
the Experimental Organ Transplantation | ||||||
25 | Procedures Board and any and all
documents or other records | ||||||
26 | prepared by the Experimental Organ
Transplantation |
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| |||||||
1 | Procedures Board or its staff relating to applications
it | ||||||
2 | has received.
| ||||||
3 | (bb) Insurance or self insurance (including any | ||||||
4 | intergovernmental risk
management association or self | ||||||
5 | insurance pool) claims, loss or risk
management | ||||||
6 | information, records, data, advice or communications.
| ||||||
7 | (cc) Information and records held by the Department of | ||||||
8 | Public Health and
its authorized representatives relating | ||||||
9 | to known or suspected cases of
sexually transmissible | ||||||
10 | disease or any information the disclosure of which
is | ||||||
11 | restricted under the Illinois Sexually Transmissible | ||||||
12 | Disease Control Act.
| ||||||
13 | (dd) Information the disclosure of which is exempted | ||||||
14 | under Section 30
of the Radon Industry Licensing Act.
| ||||||
15 | (ee) Firm performance evaluations under Section 55 of | ||||||
16 | the
Architectural, Engineering, and Land Surveying | ||||||
17 | Qualifications Based
Selection Act.
| ||||||
18 | (ff) Security portions of system safety program plans, | ||||||
19 | investigation
reports, surveys, schedules, lists, data, or | ||||||
20 | information compiled, collected,
or prepared by or for the | ||||||
21 | Regional Transportation Authority under Section 2.11
of | ||||||
22 | the Regional Transportation Authority Act or the St. Clair | ||||||
23 | County Transit
District under the
Bi-State Transit Safety | ||||||
24 | Act.
| ||||||
25 | (gg) Information the disclosure of which is restricted | ||||||
26 | and
exempted under Section 50 of the Illinois Prepaid |
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| |||||||
1 | Tuition Act.
| ||||||
2 | (hh) Information the disclosure of which is
exempted | ||||||
3 | under the State Officials and Employees Ethics Act.
| ||||||
4 | (ii) Beginning July 1, 1999, information that would | ||||||
5 | disclose
or might lead to the disclosure of
secret or | ||||||
6 | confidential information, codes, algorithms, programs, or | ||||||
7 | private
keys intended to be used to create electronic or | ||||||
8 | digital signatures under the
Electronic Commerce Security | ||||||
9 | Act.
| ||||||
10 | (jj) Information contained in a local emergency energy | ||||||
11 | plan submitted to
a municipality in accordance with a local | ||||||
12 | emergency energy plan ordinance that
is adopted under | ||||||
13 | Section 11-21.5-5 of the Illinois Municipal Code.
| ||||||
14 | (kk) Information and data concerning the distribution | ||||||
15 | of
surcharge moneys collected and remitted by wireless | ||||||
16 | carriers under the Wireless
Emergency Telephone Safety | ||||||
17 | Act.
| ||||||
18 | (ll) Vulnerability assessments, security measures, and | ||||||
19 | response policies
or plans that are designed to identify, | ||||||
20 | prevent, or respond to potential
attacks upon a community's | ||||||
21 | population or systems, facilities, or installations,
the | ||||||
22 | destruction or contamination of which would constitute a | ||||||
23 | clear and present
danger to the health or safety of the | ||||||
24 | community, but only to the extent that
disclosure could | ||||||
25 | reasonably be expected to jeopardize the effectiveness of | ||||||
26 | the
measures or the safety of the personnel who implement |
| |||||||
| |||||||
1 | them or the public.
Information exempt under this item may | ||||||
2 | include such things as details
pertaining to the | ||||||
3 | mobilization or deployment of personnel or equipment, to | ||||||
4 | the
operation of communication systems or protocols, or to | ||||||
5 | tactical operations.
| ||||||
6 | (mm) Maps and other records regarding the location or | ||||||
7 | security of a
utility's generation, transmission, | ||||||
8 | distribution, storage, gathering,
treatment, or switching | ||||||
9 | facilities.
| ||||||
10 | (nn) Law enforcement officer identification | ||||||
11 | information or
driver
identification
information compiled | ||||||
12 | by a law enforcement agency or the Department of
| ||||||
13 | Transportation
under Section 11-212 of the Illinois | ||||||
14 | Vehicle Code.
| ||||||
15 | (oo) Records and information provided to a residential
| ||||||
16 | health care
facility resident sexual assault
and death | ||||||
17 | review team or the Executive Council under the Abuse | ||||||
18 | Prevention Review Team Act.
| ||||||
19 | (pp) Information provided to the predatory lending | ||||||
20 | database created pursuant to Article 3 of the Residential | ||||||
21 | Real Property Disclosure Act, except to the extent | ||||||
22 | authorized under that Article.
| ||||||
23 | (qq) Defense budgets and petitions for certification | ||||||
24 | of compensation and expenses for court appointed trial | ||||||
25 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
26 | Crimes Litigation Act. This subsection (qq) shall apply |
| |||||||
| |||||||
1 | until the conclusion of the trial of the case, even if the | ||||||
2 | prosecution chooses not to pursue the death penalty prior | ||||||
3 | to trial or sentencing.
| ||||||
4 | (rr) Information that is prohibited from being | ||||||
5 | disclosed under Section 4 of the Illinois Health and | ||||||
6 | Hazardous Substances Registry Act.
| ||||||
7 | (2) This Section does not authorize withholding of | ||||||
8 | information or limit the
availability of records to the public, | ||||||
9 | except as stated in this Section or
otherwise provided in this | ||||||
10 | Act.
| ||||||
11 | (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, | ||||||
12 | eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; | ||||||
13 | 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. | ||||||
14 | 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff. | ||||||
15 | 6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised | ||||||
16 | 8-3-06.)
| ||||||
17 | Section 10. The Illinois Health and Hazardous Substances | ||||||
18 | Registry Act is amended by adding Section 9.1 and by changing | ||||||
19 | Sections 3, 4, 9, and 12 as follows:
| ||||||
20 | (410 ILCS 525/3) (from Ch. 111 1/2, par. 6703)
| ||||||
21 | Sec. 3. For the purposes of this Act, unless the context | ||||||
22 | requires otherwise:
| ||||||
23 | (a) "Department" means the Illinois Department of Public | ||||||
24 | Health.
|
| |||||||
| |||||||
1 | (b) "Director" means the Director of the Illinois | ||||||
2 | Department of Public
Health.
| ||||||
3 | (c) "Council" means the Health and Hazardous Substances | ||||||
4 | Coordinating
Council created by this Act.
| ||||||
5 | (d) "Registry" means the Illinois Health and Hazardous | ||||||
6 | Substances Registry
established by the Department of Public | ||||||
7 | Health under
Section 6 of this Act.
| ||||||
8 | (e) "Cancer" means all malignant neoplasms, regardless of | ||||||
9 | the tissue of
origin, including malignant lymphoma and | ||||||
10 | leukemia.
| ||||||
11 | (f) "Cancer incidence" means a medical diagnosis of cancer, | ||||||
12 | consisting
of a record of cases of cancer and specified cases | ||||||
13 | of tumorous or
precancerous diseases which occur in Illinois, | ||||||
14 | and such other information
concerning these cases as the | ||||||
15 | Department deems necessary or appropriate in
order to conduct | ||||||
16 | thorough and complete epidemiological surveys of cancer
and | ||||||
17 | cancer-related diseases in Illinois.
| ||||||
18 | (g) "Occupational disease" includes but is not limited to | ||||||
19 | all occupational
diseases covered by the Workers' Occupational | ||||||
20 | Diseases Act.
| ||||||
21 | (h) "Hazardous substances" means a hazardous substance as | ||||||
22 | defined in the
Environmental Protection Act.
| ||||||
23 | (i) "Hazardous substances incident" includes but is not | ||||||
24 | limited to a
spill, fire, or accident involving hazardous | ||||||
25 | substances, illegal disposal,
transportation, or use of | ||||||
26 | hazardous substances, and complaints or permit
violations |
| |||||||
| |||||||
1 | involving hazardous substances.
| ||||||
2 | (j) "Company profile" includes but is not limited to the | ||||||
3 | name of any
company operating in the State
of Illinois which | ||||||
4 | generates, uses, disposes of or transports hazardous
| ||||||
5 | substances, identification of the types of permits issued in | ||||||
6 | such company's
name relating to transactions involving | ||||||
7 | hazardous substances, inventory of
hazardous substances | ||||||
8 | handled by such company, and the manner in which such
hazardous | ||||||
9 | substances are used, disposed of, or transported by the | ||||||
10 | company.
| ||||||
11 | (k) "Hazardous nuclear material" means (1) any source or | ||||||
12 | special
nuclear material intended for use or used as an energy | ||||||
13 | source in a
production or utilization facility as defined in | ||||||
14 | Sec. 11.v. or 11.cc. of
the federal Atomic Energy Act of 1954 | ||||||
15 | as amended; (2) any fuel which has
been discharged from such a | ||||||
16 | facility following irradiation, the constituent
elements of | ||||||
17 | which have not been separated by reprocessing; or (3) any
| ||||||
18 | by-product material resulting from operation of such a | ||||||
19 | facility.
| ||||||
20 | (l)
(1) "Adverse pregnancy outcome" includes but is not | ||||||
21 | limited to
birth defects, fetal loss, infant mortality, low | ||||||
22 | birth weight, selected
life-threatening conditions, and other | ||||||
23 | developmental disabilities as
defined by the Department.
| ||||||
24 | (m) "News medium" means any newspaper or other periodical | ||||||
25 | issued at regular intervals, whether in print or electronic | ||||||
26 | format, and having a general circulation; a news service, |
| |||||||
| |||||||
1 | whether in print or electronic format; a radio station, a | ||||||
2 | television station; a television network; a community antenna | ||||||
3 | television service; and any person or corporation engaged in | ||||||
4 | the making of news reels or other motion picture news for | ||||||
5 | public showing. | ||||||
6 | (n) "Researcher" means an individual who is affiliated with | ||||||
7 | or supported by universities, academic centers, research | ||||||
8 | institutions, hospitals, and governmental entities who conduct | ||||||
9 | scientific research or investigation on human diseases.
| ||||||
10 | (Source: P.A. 85-831.)
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11 | (410 ILCS 525/4) (from Ch. 111 1/2, par. 6704)
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12 | Sec. 4. (a) There is created the Health and Hazardous | ||||||
13 | Substances
Coordinating Council, to be comprised of the | ||||||
14 | following persons ex officio
or their designees: Dean of the | ||||||
15 | School of Public Health of the University of
Illinois, Director | ||||||
16 | of Natural Resources, Director of Public
Health, Director of | ||||||
17 | Labor, Director of Agriculture, Director of the
Environmental | ||||||
18 | Protection Agency and the Director of Nuclear Safety.
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19 | The University of Illinois School of Public Health shall | ||||||
20 | advise the
Department in the design, function and utilization | ||||||
21 | of the Registry.
| ||||||
22 | (b) To facilitate the collection of cancer incidence | ||||||
23 | information, the
Department, in consultation with the Advisory | ||||||
24 | Board of Cancer Control,
shall have the authority to require | ||||||
25 | hospitals, laboratories or other
facilities to report |
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| |||||||
1 | incidences of cancer and other specified tumorous and
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2 | precancerous diseases to the Department, and to require the | ||||||
3 | submission of
such other information pertaining to or in | ||||||
4 | connection with such reported
cases as the Department deems | ||||||
5 | necessary or appropriate for the purposes of
this Act. The | ||||||
6 | Department may promulgate rules or regulations specifying
the | ||||||
7 | hospitals, laboratories or other facilities which are required | ||||||
8 | to
submit information pursuant to this Section, the types of | ||||||
9 | information
required to be submitted, methods of submitting | ||||||
10 | such information and any
other detail deemed by the Department | ||||||
11 | to be necessary or appropriate for
administration of this Act. | ||||||
12 | Nothing in this Act shall be construed to
compel any individual | ||||||
13 | to submit to a medical examination or supervision.
| ||||||
14 | (c) The Director shall by rule or regulation establish | ||||||
15 | standards or
guidelines for ensuring the protection of | ||||||
16 | information made confidential or
privileged under law.
| ||||||
17 | (d) The identity, or any group of facts that tends to lead | ||||||
18 | to
the
identity, of any person whose condition or treatment is | ||||||
19 | submitted to the
Illinois Health and Hazardous Substances | ||||||
20 | Registry is confidential and shall
not be open to public | ||||||
21 | inspection or dissemination and is exempt from disclosure under | ||||||
22 | Section 7 of the Freedom of Information Act. The following data | ||||||
23 | elements, alone or in combination, are confidential, shall not | ||||||
24 | be open to public inspection or dissemination, and are exempt | ||||||
25 | from disclosure under Section 7 of the Freedom of Information | ||||||
26 | Act: name, social security number, street address, email |
| |||||||
| |||||||
1 | address, telephone number, fax number, medical record number, | ||||||
2 | certificate/license number, reporting source (unless permitted | ||||||
3 | by the reporting facility), age (unless aggregated for 5 or | ||||||
4 | more years, ZIP code (unless aggregated for 5 or more years), | ||||||
5 | and diagnosis date (unless aggregated for one or more years for | ||||||
6 | the entire State or for 3 or more years for a single county) .
| ||||||
7 | Facts that tend to lead to the identity of a person include the | ||||||
8 | following:
name, social security number, address, and any other | ||||||
9 | data element that, by
itself or in combination with one or more | ||||||
10 | other data elements,
tends to identify any person. The identity | ||||||
11 | of any person or persons claimed
to be derived from cancer | ||||||
12 | registry data is not admissible in evidence, and no
court shall | ||||||
13 | require information to be produced in discovery if it | ||||||
14 | determines
that the information tends to lead to the identity | ||||||
15 | of any person.
Information for
specific research purposes may | ||||||
16 | be released in accordance with procedures
established by the | ||||||
17 | Department.
Except as provided by rule, and as part of an | ||||||
18 | epidemiologic
investigation, an officer or employee of the | ||||||
19 | Department may interview a
patient named in a report made under | ||||||
20 | this Act, or relatives of any such
patient, only with the | ||||||
21 | express written consent of the patient.
| ||||||
22 | (e) Hospitals, laboratories, other facilities or | ||||||
23 | physicians shall not be
held liable for the release of | ||||||
24 | information or confidential data to the
Department in | ||||||
25 | accordance with this Act. The Department shall protect any
| ||||||
26 | information made confidential or privileged under law.
|
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| |||||||
1 | (Source: P.A. 89-445, eff. 2-7-96; 90-607, eff. 6-30-98.)
| ||||||
2 | (410 ILCS 525/9) (from Ch. 111 1/2, par. 6709)
| ||||||
3 | Sec. 9. The Department shall utilize the Registry to | ||||||
4 | conduct research
on the relationships between hazardous | ||||||
5 | substances, hazardous nuclear
materials, and public health | ||||||
6 | issues. In consultation with the Council, the
Director shall | ||||||
7 | establish guidelines for determining the specific questions
| ||||||
8 | and areas to be researched. The guidelines shall specifically | ||||||
9 | include the
question of the potential public health | ||||||
10 | significance of an increase in
cancer incidence. Upon the | ||||||
11 | approval of the Council, the information
contained in the | ||||||
12 | Registry shall be available to other State agencies
wishing to | ||||||
13 | conduct research on these issues. Upon review and approval of | ||||||
14 | an appropriate Institutional Review Board (IRB) or its | ||||||
15 | equivalent on protection of human subjects in research, the | ||||||
16 | Department shall release data to researchers for purposes of | ||||||
17 | medical and scientific research consistent with the | ||||||
18 | fundamental purposes of the Registry.
| ||||||
19 | (Source: P.A. 85-1218.)
| ||||||
20 | (410 ILCS 525/9.1 new)
| ||||||
21 | Sec. 9.1. Release of data to news media. Upon review and | ||||||
22 | approval of an appropriate Institutional Review Board (IRB) or | ||||||
23 | its equivalent on protection of human subjects in research, the | ||||||
24 | Department shall release data not otherwise available for |
| |||||||
| |||||||
1 | release under the Freedom of Information Act to news media for | ||||||
2 | purposes of public interest research consistent with the | ||||||
3 | fundamental purposes of the Registry.
| ||||||
4 | (410 ILCS 525/12) (from Ch. 111 1/2, par. 6712)
| ||||||
5 | Sec. 12. All information contained in the Registry, as well | ||||||
6 | as all
reports issued by the Department, including the annual | ||||||
7 | report, shall be
made available to the public upon request; | ||||||
8 | provided, however, nothing in
this Act permits public | ||||||
9 | disclosure of any information made confidential or
privileged | ||||||
10 | pursuant to this Act or any other statute. Identification or | ||||||
11 | contact of individuals from public reports or data released | ||||||
12 | under the Freedom of Information Act is prohibited. The | ||||||
13 | Director may, by
rule,
establish fees to be charged to persons | ||||||
14 | or organizations other than State
agencies for requested | ||||||
15 | summaries or analyses of data which are not
otherwise included | ||||||
16 | in an annual report. The fees shall not be more than
the cost | ||||||
17 | to the Department of supplying the requested information. The | ||||||
18 | Department shall make available on its web site | ||||||
19 | non-confidential public use databases for easy and direct | ||||||
20 | access and download by the public.
| ||||||
21 | (Source: P.A. 90-607, eff. 6-30-98.)
| ||||||
22 | Section 99. Effective date. This Act takes effect July 1, | ||||||
23 | 2007.
|