Full Text of SB2734 95th General Assembly
SB2734eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Freedom of Information Act is amended by | 5 |
| changing Section 7 as follows: | 6 |
| (5 ILCS 140/7) (from Ch. 116, par. 207) | 7 |
| Sec. 7. Exemptions.
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| (1) The following shall be exempt from inspection and | 9 |
| copying:
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| (a) Information specifically prohibited from | 11 |
| disclosure by federal or
State law or rules and regulations | 12 |
| adopted under federal or State law.
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| (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
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| privacy. Information exempted under this subsection (b) | 20 |
| shall include but
is not limited to:
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| (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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| educational, vocational, financial, supervisory or
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| custodial care or services directly or indirectly from | 3 |
| federal agencies
or public bodies;
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| (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;
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| (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;
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| (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;
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| (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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| (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.
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| (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:
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| (i) interfere with pending or actually and | 11 |
| reasonably contemplated
law enforcement proceedings | 12 |
| conducted by any law enforcement or correctional
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| agency;
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| (ii) interfere with pending administrative | 15 |
| enforcement proceedings
conducted by any public body;
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| (iii) deprive a person of a fair trial or an | 17 |
| impartial hearing;
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| (iv) unavoidably disclose the identity of a | 19 |
| confidential source or
confidential information | 20 |
| furnished only by the confidential source;
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| (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
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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 | 3 |
| 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 | 6 |
| State or local
criminal justice agencies, except the | 7 |
| following which shall be open for
public inspection and | 8 |
| copying:
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| (i) chronologically maintained arrest information, | 10 |
| such as traditional
arrest logs or blotters;
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| (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;
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| (iii) court records that are public;
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| (iv) records that are otherwise available under | 16 |
| State or local law; or
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| (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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| "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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| 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.
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| (e) Records that relate to or affect the security of | 10 |
| correctional
institutions and detention facilities.
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| (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.
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| (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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| 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.
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| Nothing contained in this
paragraph (g) shall be construed | 18 |
| to prevent a person or business from
consenting to disclosure.
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| (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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| (i) Valuable formulae,
computer geographic systems,
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| 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
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| purpose of the request is to access and disseminate | 10 |
| information regarding the
health, safety, welfare, or | 11 |
| legal rights of the general public.
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| (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.
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| (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
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| 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.
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| (l) Library circulation and order records identifying |
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| library users with
specific materials.
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| (m) Minutes of meetings of public bodies closed to the
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| 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.
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| (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
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| 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.
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| (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.
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| (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
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| 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
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| materials exempt under this Section.
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| (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.
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| (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.
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| (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
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| records, documents and information relating to a real | 21 |
| estate sale shall be
exempt until a sale is consummated.
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| (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.
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| (u) Information concerning a university's adjudication |
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| 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.
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| (v) Course materials or research materials used by | 8 |
| faculty members.
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| (w) Information related solely to the internal | 10 |
| personnel rules and
practices of a public body.
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| (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
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| institutions or insurance companies, unless disclosure is | 16 |
| otherwise
required by State law.
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| (y) Information the disclosure of which is restricted | 18 |
| under Section
5-108 of the Public Utilities Act.
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| (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.
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| (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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| Procedures Board or its staff relating to applications
it | 2 |
| has received.
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| (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.
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| (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.
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| (dd) Information the disclosure of which is exempted | 14 |
| under Section 30
of the Radon Industry Licensing Act.
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| (ee) Firm performance evaluations under Section 55 of | 16 |
| the
Architectural, Engineering, and Land Surveying | 17 |
| Qualifications Based
Selection Act.
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| (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.
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| (gg) Information the disclosure of which is restricted | 26 |
| and
exempted under Section 50 of the Illinois Prepaid |
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| Tuition Act.
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| (hh) Information the disclosure of which is
exempted | 3 |
| under the State Officials and Employees Ethics Act.
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| (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.
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| (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.
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| (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.
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| (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 |
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| 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.
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| (mm) Maps and other records regarding the location or | 7 |
| security of generation, transmission, distribution, | 8 |
| storage, gathering,
treatment, or switching facilities | 9 |
| owned by a utility or by the Illinois Power Agency.
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| (nn) Law enforcement officer identification | 11 |
| information or
driver
identification
information compiled | 12 |
| by a law enforcement agency or the Department of
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| Transportation
under Section 11-212 of the Illinois | 14 |
| Vehicle Code.
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| (oo) Records and information provided to a residential
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| health care
facility resident sexual assault
and death | 17 |
| review team or the Executive Council under the Abuse | 18 |
| Prevention Review Team Act.
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| (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.
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| (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 |
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| 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.
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| (rr) Information contained in or related to proposals, | 5 |
| bids, or negotiations related to electric power | 6 |
| procurement under Section 1-75 of the Illinois Power Agency | 7 |
| Act and Section 16-111.5 of the Public Utilities Act that | 8 |
| is determined to be confidential and proprietary by the | 9 |
| Illinois Power Agency or by the Illinois Commerce | 10 |
| Commission.
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| (ss) Information that is prohibited from being | 12 |
| disclosed under Section 4 of the Illinois Health and | 13 |
| Hazardous Substances Registry Act.
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| (2) This Section does not authorize withholding of | 15 |
| information or limit the
availability of records to the public, | 16 |
| except as stated in this Section or
otherwise provided in this | 17 |
| Act.
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| (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, | 19 |
| eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; | 20 |
| 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. | 21 |
| 8-28-07.)
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| Section 10. The Illinois Health and Hazardous Substances | 23 |
| Registry Act is amended by adding Section 9.1 and by changing | 24 |
| Sections 3, 4, 9, and 12 as follows:
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| (410 ILCS 525/3) (from Ch. 111 1/2, par. 6703)
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| Sec. 3. For the purposes of this Act, unless the context | 3 |
| requires otherwise:
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| (a) "Department" means the Illinois Department of Public | 5 |
| Health.
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| (b) "Director" means the Director of the Illinois | 7 |
| Department of Public
Health.
| 8 |
| (c) "Council" means the Health and Hazardous Substances | 9 |
| Coordinating
Council created by this Act.
| 10 |
| (d) "Registry" means the Illinois Health and Hazardous | 11 |
| Substances Registry
established by the Department of Public | 12 |
| Health under
Section 6 of this Act.
| 13 |
| (e) "Cancer" means all malignant neoplasms, regardless of | 14 |
| the tissue of
origin, including malignant lymphoma and | 15 |
| leukemia.
| 16 |
| (f) "Cancer incidence" means a medical diagnosis of cancer, | 17 |
| consisting
of a record of cases of cancer and specified cases | 18 |
| of tumorous or
precancerous diseases which occur in Illinois, | 19 |
| and such other information
concerning these cases as the | 20 |
| Department deems necessary or appropriate in
order to conduct | 21 |
| thorough and complete epidemiological surveys of cancer
and | 22 |
| cancer-related diseases in Illinois.
| 23 |
| (g) "Occupational disease" includes but is not limited to | 24 |
| all occupational
diseases covered by the Workers' Occupational | 25 |
| Diseases Act.
| 26 |
| (h) "Hazardous substances" means a hazardous substance as |
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| defined in the
Environmental Protection Act.
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| (i) "Hazardous substances incident" includes but is not | 3 |
| limited to a
spill, fire, or accident involving hazardous | 4 |
| substances, illegal disposal,
transportation, or use of | 5 |
| hazardous substances, and complaints or permit
violations | 6 |
| involving hazardous substances.
| 7 |
| (j) "Company profile" includes but is not limited to the | 8 |
| name of any
company operating in the State
of Illinois which | 9 |
| generates, uses, disposes of or transports hazardous
| 10 |
| substances, identification of the types of permits issued in | 11 |
| such company's
name relating to transactions involving | 12 |
| hazardous substances, inventory of
hazardous substances | 13 |
| handled by such company, and the manner in which such
hazardous | 14 |
| substances are used, disposed of, or transported by the | 15 |
| company.
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| (k) "Hazardous nuclear material" means (1) any source or | 17 |
| special
nuclear material intended for use or used as an energy | 18 |
| source in a
production or utilization facility as defined in | 19 |
| Sec. 11.v. or 11.cc. of
the federal Atomic Energy Act of 1954 | 20 |
| as amended; (2) any fuel which has
been discharged from such a | 21 |
| facility following irradiation, the constituent
elements of | 22 |
| which have not been separated by reprocessing; or (3) any
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| by-product material resulting from operation of such a | 24 |
| facility.
| 25 |
| (l)
(1) "Adverse pregnancy outcome" includes but is not | 26 |
| limited to
birth defects, fetal loss, infant mortality, low |
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| birth weight, selected
life-threatening conditions, and other | 2 |
| developmental disabilities as
defined by the Department.
| 3 |
| (m) "News medium" means any newspaper or other periodical | 4 |
| issued at regular intervals, whether in print or electronic | 5 |
| format, and having a general circulation; a news service, | 6 |
| whether in print or electronic format; a radio station; a | 7 |
| television station; a television network; a community antenna | 8 |
| television service; and any person or corporation engaged in | 9 |
| the making of news reels or other motion picture news for | 10 |
| public showing. | 11 |
| (n) "Researcher" means an individual who is affiliated with | 12 |
| or supported by universities, academic centers, research | 13 |
| institutions, hospitals, and governmental entities who conduct | 14 |
| scientific research or investigation on human diseases.
| 15 |
| (Source: P.A. 85-831.)
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| (410 ILCS 525/4) (from Ch. 111 1/2, par. 6704)
| 17 |
| Sec. 4. (a) There is created the Health and Hazardous | 18 |
| Substances
Coordinating Council, to be comprised of the | 19 |
| following persons ex officio
or their designees: Dean of the | 20 |
| School of Public Health of the University of
Illinois, Director | 21 |
| of Natural Resources, Director of Public
Health, Director of | 22 |
| Labor, Director of Agriculture, Director of the
Environmental | 23 |
| Protection Agency and the Director of Nuclear Safety.
| 24 |
| The University of Illinois School of Public Health shall | 25 |
| advise the
Department in the design, function and utilization |
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| of the Registry.
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| (b) To facilitate the collection of cancer incidence | 3 |
| information, the
Department, in consultation with the Advisory | 4 |
| Board of Cancer Control,
shall have the authority to require | 5 |
| hospitals, laboratories or other
facilities to report | 6 |
| incidences of cancer and other specified tumorous and
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| precancerous diseases to the Department, and to require the | 8 |
| submission of
such other information pertaining to or in | 9 |
| connection with such reported
cases as the Department deems | 10 |
| necessary or appropriate for the purposes of
this Act. The | 11 |
| Department may promulgate rules or regulations specifying
the | 12 |
| hospitals, laboratories or other facilities which are required | 13 |
| to
submit information pursuant to this Section, the types of | 14 |
| information
required to be submitted, methods of submitting | 15 |
| such information and any
other detail deemed by the Department | 16 |
| to be necessary or appropriate for
administration of this Act. | 17 |
| Nothing in this Act shall be construed to
compel any individual | 18 |
| to submit to a medical examination or supervision.
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| (c) The Director shall by rule or regulation establish | 20 |
| standards or
guidelines for ensuring the protection of | 21 |
| information made confidential or
privileged under law.
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| (d) The identity, or any group of facts that tends to lead | 23 |
| to
the
identity, of any person whose condition or treatment is | 24 |
| submitted to the
Illinois Health and Hazardous Substances | 25 |
| Registry is confidential and shall
not be open to public | 26 |
| inspection or dissemination and is exempt from disclosure under |
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| Section 7 of the Freedom of Information Act. The following data | 2 |
| elements, alone or in combination, are confidential, shall not | 3 |
| be open to public inspection or dissemination, and are exempt | 4 |
| from disclosure under Section 7 of the Freedom of Information | 5 |
| Act: name, social security number, street address, email | 6 |
| address, telephone number, fax number, medical record number, | 7 |
| certificate/license number, reporting source (unless permitted | 8 |
| by the reporting facility), age (unless aggregated for 5 or | 9 |
| more years), ZIP code (unless aggregated for 5 or more years), | 10 |
| and diagnosis date (unless aggregated for one or more years for | 11 |
| the entire State or for 3 or more years for a single county) .
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| Facts that tend to lead to the identity of a person include the | 13 |
| following:
name, social security number, address, and any other | 14 |
| data element that, by
itself or in combination with one or more | 15 |
| other data elements,
tends to identify any person. The identity | 16 |
| of any person or persons claimed
to be derived from cancer | 17 |
| registry data is not admissible in evidence, and no
court shall | 18 |
| require information to be produced in discovery if it | 19 |
| determines
that the information tends to lead to the identity | 20 |
| of any person.
Information for
specific research purposes may | 21 |
| be released in accordance with procedures
established by the | 22 |
| Department.
Except as provided by rule, and as part of an | 23 |
| epidemiologic
investigation, an officer or employee of the | 24 |
| Department may interview a
patient named in a report made under | 25 |
| this Act, or relatives of any such
patient, only with the | 26 |
| express written consent of the patient.
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| (e) Hospitals, laboratories, other facilities or | 2 |
| physicians shall not be
held liable for the release of | 3 |
| information or confidential data to the
Department in | 4 |
| accordance with this Act. The Department shall protect any
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| information made confidential or privileged under law.
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| (Source: P.A. 89-445, eff. 2-7-96; 90-607, eff. 6-30-98.)
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| (410 ILCS 525/9) (from Ch. 111 1/2, par. 6709)
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| Sec. 9. The Department shall utilize the Registry to | 9 |
| conduct research
on the relationships between hazardous | 10 |
| substances, hazardous nuclear
materials, and public health | 11 |
| issues. In consultation with the Council, the
Director shall | 12 |
| establish guidelines for determining the specific questions
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| and areas to be researched. The guidelines shall specifically | 14 |
| include the
question of the potential public health | 15 |
| significance of an increase in
cancer incidence. Upon the | 16 |
| approval of the Council, the information
contained in the | 17 |
| Registry shall be available to other State agencies
wishing to | 18 |
| conduct research on these issues. Upon review and approval of | 19 |
| an appropriate Institutional Review Board (IRB) or its | 20 |
| equivalent on protection of human subjects in research, the | 21 |
| Department shall release data to researchers for purposes of | 22 |
| medical and scientific research consistent with the | 23 |
| fundamental purposes of the Registry.
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| (Source: P.A. 85-1218.)
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| (410 ILCS 525/9.1 new)
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| Sec. 9.1. Release of data to news media. Upon review and | 3 |
| approval of an appropriate Institutional Review Board (IRB) or | 4 |
| its equivalent on protection of human subjects in research, the | 5 |
| Department shall release data not otherwise available for | 6 |
| release under the Freedom of Information Act to news media for | 7 |
| purposes of public interest research consistent with the | 8 |
| fundamental purposes of the Registry.
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| (410 ILCS 525/12) (from Ch. 111 1/2, par. 6712)
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| Sec. 12. All information contained in the Registry, as well | 11 |
| as all
reports issued by the Department, including the annual | 12 |
| report, shall be
made available to the public upon request; | 13 |
| provided, however, nothing in
this Act permits public | 14 |
| disclosure of any information made confidential or
privileged | 15 |
| pursuant to this Act or any other statute. Identification or | 16 |
| contact of individuals from public reports or data released | 17 |
| under the Freedom of Information Act is prohibited. The | 18 |
| Director may, by
rule,
establish fees to be charged to persons | 19 |
| or organizations other than State
agencies for requested | 20 |
| summaries or analyses of data which are not
otherwise included | 21 |
| in an annual report. The fees shall not be more than
the cost | 22 |
| to the Department of supplying the requested information. The | 23 |
| Department shall make available on its web site | 24 |
| non-confidential public use databases for easy and direct | 25 |
| access and download by the public.
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| (Source: P.A. 90-607, eff. 6-30-98.)
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| Section 99. Effective date. This Act takes effect July 1, | 3 |
| 2008.
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INDEX
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|
Statutes amended in order of appearance
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| 5 ILCS 140/7 |
from Ch. 116, par. 207 |
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| 410 ILCS 525/3 |
from Ch. 111 1/2, par. 6703 |
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| 410 ILCS 525/4 |
from Ch. 111 1/2, par. 6704 |
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| 410 ILCS 525/9 |
from Ch. 111 1/2, par. 6709 |
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| 410 ILCS 525/9.1 new |
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| 410 ILCS 525/12 |
from Ch. 111 1/2, par. 6712 |
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