Illinois General Assembly - Full Text of HB4414
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Full Text of HB4414  102nd General Assembly


Rep. LaToya Greenwood

Filed: 3/28/2022





10200HB4414ham003LRB102 22508 LNS 37567 a


2    AMENDMENT NO. ______. Amend House Bill 4414, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Freedom of Information Act is amended by
6changing Section 7.5 as follows:
7    (5 ILCS 140/7.5)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.



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1        (c) Applications, related documents, and medical
2    records received by the Experimental Organ Transplantation
3    Procedures Board and any and all documents or other
4    records prepared by the Experimental Organ Transplantation
5    Procedures Board or its staff relating to applications it
6    has received.
7        (d) 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        (e) Information the disclosure of which is exempted
14    under Section 30 of the Radon Industry Licensing Act.
15        (f) Firm performance evaluations under Section 55 of
16    the Architectural, Engineering, and Land Surveying
17    Qualifications Based Selection Act.
18        (g) Information the disclosure of which is restricted
19    and exempted under Section 50 of the Illinois Prepaid
20    Tuition Act.
21        (h) Information the disclosure of which is exempted
22    under the State Officials and Employees Ethics Act, and
23    records of any lawfully created State or local inspector
24    general's office that would be exempt if created or
25    obtained by an Executive Inspector General's office under
26    that Act.



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1        (i) Information contained in a local emergency energy
2    plan submitted to a municipality in accordance with a
3    local emergency energy plan ordinance that is adopted
4    under Section 11-21.5-5 of the Illinois Municipal Code.
5        (j) Information and data concerning the distribution
6    of surcharge moneys collected and remitted by carriers
7    under the Emergency Telephone System Act.
8        (k) Law enforcement officer identification information
9    or driver identification information compiled by a law
10    enforcement agency or the Department of Transportation
11    under Section 11-212 of the Illinois Vehicle Code.
12        (l) Records and information provided to a residential
13    health care facility resident sexual assault and death
14    review team or the Executive Council under the Abuse
15    Prevention Review Team Act.
16        (m) 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        (n) Defense budgets and petitions for certification of
21    compensation and expenses for court appointed trial
22    counsel as provided under Sections 10 and 15 of the
23    Capital Crimes Litigation Act. This subsection (n) shall
24    apply until the conclusion of the trial of the case, even
25    if the prosecution chooses not to pursue the death penalty
26    prior to trial or sentencing.



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1        (o) Information that is prohibited from being
2    disclosed under Section 4 of the Illinois Health and
3    Hazardous Substances Registry Act.
4        (p) Security portions of system safety program plans,
5    investigation reports, surveys, schedules, lists, data, or
6    information compiled, collected, or prepared by or for the
7    Department of Transportation under Sections 2705-300 and
8    2705-616 of the Department of Transportation Law of the
9    Civil Administrative Code of Illinois, the Regional
10    Transportation Authority under Section 2.11 of the
11    Regional Transportation Authority Act, or the St. Clair
12    County Transit District under the Bi-State Transit Safety
13    Act.
14        (q) Information prohibited from being disclosed by the
15    Personnel Record Review Act.
16        (r) Information prohibited from being disclosed by the
17    Illinois School Student Records Act.
18        (s) Information the disclosure of which is restricted
19    under Section 5-108 of the Public Utilities Act.
20        (t) All identified or deidentified health information
21    in the form of health data or medical records contained
22    in, stored in, submitted to, transferred by, or released
23    from the Illinois Health Information Exchange, and
24    identified or deidentified health information in the form
25    of health data and medical records of the Illinois Health
26    Information Exchange in the possession of the Illinois



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1    Health Information Exchange Office due to its
2    administration of the Illinois Health Information
3    Exchange. The terms "identified" and "deidentified" shall
4    be given the same meaning as in the Health Insurance
5    Portability and Accountability Act of 1996, Public Law
6    104-191, or any subsequent amendments thereto, and any
7    regulations promulgated thereunder.
8        (u) Records and information provided to an independent
9    team of experts under the Developmental Disability and
10    Mental Health Safety Act (also known as Brian's Law).
11        (v) Names and information of people who have applied
12    for or received Firearm Owner's Identification Cards under
13    the Firearm Owners Identification Card Act or applied for
14    or received a concealed carry license under the Firearm
15    Concealed Carry Act, unless otherwise authorized by the
16    Firearm Concealed Carry Act; and databases under the
17    Firearm Concealed Carry Act, records of the Concealed
18    Carry Licensing Review Board under the Firearm Concealed
19    Carry Act, and law enforcement agency objections under the
20    Firearm Concealed Carry Act.
21        (v-5) Records of the Firearm Owner's Identification
22    Card Review Board that are exempted from disclosure under
23    Section 10 of the Firearm Owners Identification Card Act.
24        (w) Personally identifiable information which is
25    exempted from disclosure under subsection (g) of Section
26    19.1 of the Toll Highway Act.



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1        (x) Information which is exempted from disclosure
2    under Section 5-1014.3 of the Counties Code or Section
3    8-11-21 of the Illinois Municipal Code.
4        (y) Confidential information under the Adult
5    Protective Services Act and its predecessor enabling
6    statute, the Elder Abuse and Neglect Act, including
7    information about the identity and administrative finding
8    against any caregiver of a verified and substantiated
9    decision of abuse, neglect, or financial exploitation of
10    an eligible adult maintained in the Registry established
11    under Section 7.5 of the Adult Protective Services Act.
12        (z) Records and information provided to a fatality
13    review team or the Illinois Fatality Review Team Advisory
14    Council under Section 15 of the Adult Protective Services
15    Act.
16        (aa) Information which is exempted from disclosure
17    under Section 2.37 of the Wildlife Code.
18        (bb) Information which is or was prohibited from
19    disclosure by the Juvenile Court Act of 1987.
20        (cc) Recordings made under the Law Enforcement
21    Officer-Worn Body Camera Act, except to the extent
22    authorized under that Act.
23        (dd) Information that is prohibited from being
24    disclosed under Section 45 of the Condominium and Common
25    Interest Community Ombudsperson Act.
26        (ee) Information that is exempted from disclosure



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1    under Section 30.1 of the Pharmacy Practice Act.
2        (ff) Information that is exempted from disclosure
3    under the Revised Uniform Unclaimed Property Act.
4        (gg) Information that is prohibited from being
5    disclosed under Section 7-603.5 of the Illinois Vehicle
6    Code.
7        (hh) Records that are exempt from disclosure under
8    Section 1A-16.7 of the Election Code.
9        (ii) Information which is exempted from disclosure
10    under Section 2505-800 of the Department of Revenue Law of
11    the Civil Administrative Code of Illinois.
12        (jj) Information and reports that are required to be
13    submitted to the Department of Labor by registering day
14    and temporary labor service agencies but are exempt from
15    disclosure under subsection (a-1) of Section 45 of the Day
16    and Temporary Labor Services Act.
17        (kk) Information prohibited from disclosure under the
18    Seizure and Forfeiture Reporting Act.
19        (ll) Information the disclosure of which is restricted
20    and exempted under Section 5-30.8 of the Illinois Public
21    Aid Code.
22        (mm) Records that are exempt from disclosure under
23    Section 4.2 of the Crime Victims Compensation Act.
24        (nn) Information that is exempt from disclosure under
25    Section 70 of the Higher Education Student Assistance Act.
26        (oo) Communications, notes, records, and reports



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1    arising out of a peer support counseling session
2    prohibited from disclosure under the First Responders
3    Suicide Prevention Act.
4        (pp) Names and all identifying information relating to
5    an employee of an emergency services provider or law
6    enforcement agency under the First Responders Suicide
7    Prevention Act.
8        (qq) Information and records held by the Department of
9    Public Health and its authorized representatives collected
10    under the Reproductive Health Act.
11        (rr) Information that is exempt from disclosure under
12    the Cannabis Regulation and Tax Act.
13        (ss) Data reported by an employer to the Department of
14    Human Rights pursuant to Section 2-108 of the Illinois
15    Human Rights Act.
16        (tt) Recordings made under the Children's Advocacy
17    Center Act, except to the extent authorized under that
18    Act.
19        (uu) Information that is exempt from disclosure under
20    Section 50 of the Sexual Assault Evidence Submission Act.
21        (vv) Information that is exempt from disclosure under
22    subsections (f) and (j) of Section 5-36 of the Illinois
23    Public Aid Code.
24        (ww) Information that is exempt from disclosure under
25    Section 16.8 of the State Treasurer Act.
26        (xx) Information that is exempt from disclosure or



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1    information that shall not be made public under the
2    Illinois Insurance Code.
3        (yy) Information prohibited from being disclosed under
4    the Illinois Educational Labor Relations Act.
5        (zz) Information prohibited from being disclosed under
6    the Illinois Public Labor Relations Act.
7        (aaa) Information prohibited from being disclosed
8    under Section 1-167 of the Illinois Pension Code.
9        (bbb) (ccc) Information that is prohibited from
10    disclosure by the Illinois Police Training Act and the
11    Illinois State Police Act.
12        (ccc) (ddd) Records exempt from disclosure under
13    Section 2605-304 of the Illinois Department of State
14    Police Law of the Civil Administrative Code of Illinois.
15        (ddd) (bbb) Information prohibited from being
16    disclosed under Section 35 of the Address Confidentiality
17    for Victims of Domestic Violence, Sexual Assault, Human
18    Trafficking, or Stalking Act.
19        (eee) (ddd) Information prohibited from being
20    disclosed under subsection (b) of Section 75 of the
21    Domestic Violence Fatality Review Act.
22        (fff) Information that is exempt from disclosure under
23    the Expressway Camera Act.
24(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
25101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
261-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,



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1eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
2101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
31-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
4eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
5102-559, eff. 8-20-21; revised 10-5-21.)
6    Section 10. The Expressway Camera Act is amended by
7changing Sections 5 and 90 as follows:
8    (605 ILCS 140/5)
9    (Section scheduled to be repealed on July 1, 2023)
10    Sec. 5. Camera program.
11    (a) The Illinois State Police, the Illinois Department of
12Transportation, and the Illinois State Toll Highway Authority
13shall work together to conduct a program to increase the
14amount of cameras along expressways and the State highway
15system in the counties of Boone, Bureau, Champaign, Cook,
16DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle,
17Macon, Madison, McHenry, Morgan, Peoria, Rock Island,
18Sangamon, St. Clair, Will, and Winnebago Cook County.
19    (b) Images from the cameras may be used by any municipal
20police department, county sheriff's office, State Police
21officer, or other law enforcement agency with jurisdiction
22over the expressway in Cook County in the investigation of any
23forcible felony, including, but not limited to, offenses
24offense involving the use of a firearm; and to detect



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1expressway hazards and highway conditions; and to facilitate
2highway safety and incident management. Images from the
3cameras shall not be used to enforce petty offenses. Images
4from the cameras may be used by any law enforcement agency
5conducting an active law enforcement investigation. Images
6from the cameras are exempt from disclosure under the Freedom
7of Information Act.
8    (c) Subject to appropriation, any funds needed to conduct
9the program for use on expressways under the jurisdiction of
10the Department of Transportation shall be taken from the Road
11Fund and shall be included in requests for qualification
12processes. Any funds needed to conduct the program for use on
13expressways under the jurisdiction of the Illinois State Toll
14Highway Authority shall be paid for by funds from the Illinois
15State Tollway Highway Authority and shall be included in
16requests for qualification processes.
17    (c-5) Any forcible felony, gunrunning, or firearms
18trafficking offense, as defined in Section 2-8, 24-3a, or
1924-3b of the Criminal Code of 2012, respectively, committed on
20an expressway monitored by a camera system funded by money
21from the Road Fund and investigated by officers of the
22Illinois State Police may be prosecuted by the Attorney
24    (d) As used in this Section, "expressway" has the meaning
25provided in Section 1-119.3 of the Illinois Vehicle Code.
26(Source: P.A. 101-42, eff. 1-1-20.)



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1    (605 ILCS 140/90)
2    (Section scheduled to be repealed on July 1, 2023)
3    Sec. 90. Repeal. This Act is repealed on July 1, 2025 2023.
4(Source: P.A. 101-42, eff. 1-1-20.)".