Public Act 093-0577
Public Act 93-0577 of the 93rd General Assembly
Public Act 93-0577
SB1543 Enrolled LRB093 10753 DRJ 11634 b
AN ACT in relation to health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Abuse Prevention Review Team Act.
Section 5. State policy. The following statements are
the policy of this State:
(1) Every nursing home resident is entitled to live
in safety and decency and to receive competent and
respectful care that meets the requirements of State and
federal law.
(2) Responding to sexual assaults on nursing home
residents and to unnecessary nursing home resident deaths
is a State and a community responsibility.
(3) When a nursing home resident is sexually
assaulted or dies unnecessarily, the response by the
State and the community to the assault or death must
include an accurate and complete determination of the
cause of the assault or death and the development and
implementation of measures to prevent future assaults or
deaths from similar causes. The response may include
court action, including prosecution of persons who may be
responsible for the assault or death and proceedings to
protect other residents of the facility where the
resident lived, and disciplinary action against persons
who failed to meet their professional responsibilities to
the resident.
(4) Professionals from disparate disciplines and
agencies who have responsibilities for nursing home
residents and expertise that can promote resident safety
and well-being should share their expertise and knowledge
so that the goals of determining the causes of sexual
assaults and unnecessary resident deaths, planning and
providing services to surviving residents, and preventing
future assaults and unnecessary deaths can be achieved.
(5) A greater understanding of the incidence and
causes of sexual assaults against nursing home residents
and unnecessary nursing home resident deaths is necessary
if the State is to prevent future assaults and
unnecessary deaths.
(6) Multi-disciplinary and multi-agency reviews of
sexual assaults against nursing home residents and
unnecessary nursing home resident deaths can assist the
State and counties in (i) investigating resident sexual
assaults and deaths, (ii) developing a greater
understanding of the incidence and causes of resident
sexual assault and deaths and the methods for preventing
those assaults and deaths, and (iii) identifying gaps in
services to nursing home residents.
(7) Access to information regarding assaulted and
deceased nursing home residents by multi-disciplinary and
multi-agency nursing home resident sexual assault and
death review teams is necessary for those teams to
achieve their purposes and duties.
Section 10. Definitions. As used in this Act, unless the
context requires otherwise:
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Executive Council" means the Illinois Residential Health
Care Facility Resident Sexual Assault and Death Review Teams
Executive Council.
"Resident" means a person residing in and receiving
personal care from a facility licensed under the Nursing Home
Care Act.
"Review team" means a residential health care facility
resident sexual assault and death review team appointed under
this Act.
Section 15. Residential health care facility resident
sexual assault and death review teams; establishment.
(a) The Director, in consultation with the Executive
Council and with law enforcement agencies and other
professionals who work in the field of investigating,
treating, or preventing nursing home resident abuse or
neglect in each of the Department's administrative regions of
the State, shall appoint members to a residential health care
facility resident sexual assault and death review team in
each such region outside Cook County and to at least one
review team in Cook County. The members of a team shall be
appointed for 2-year terms and shall be eligible for
reappointment upon the expiration of their terms.
(b) Each review team shall consist of at least one
member from each of the following categories:
(1) Geriatrician or other physician knowledgeable
about nursing home resident abuse and neglect.
(2) Representative of the Department.
(3) State's Attorney or State's Attorney's
representative.
(4) Representative of a local law enforcement
agency.
(5) Representative of the Illinois Attorney
General.
(6) Psychologist or psychiatrist.
(7) Representative of a local health department.
(8) Representative of a social service or health
care agency that provides services to persons with mental
illness, in a program whose accreditation to provide such
services is recognized by the Office of Mental Health
within the Department of Human Services.
(9) Representative of a social service or health
care agency that provides services to persons with
developmental disabilities, in a program whose
accreditation to provide such services is recognized by
the Office of Developmental Disabilities within the
Department of Human Services.
(10) Coroner or forensic pathologist.
(11) Representative of the local sub-state
ombudsman.
(12) Representative of a nursing home resident
advocacy organization.
(13) Representative of a local hospital, trauma
center, or provider of emergency medical services.
(14) Representative of an organization that
represents nursing homes.
Each review team may make recommendations to the Director
concerning additional appointments. Each review team member
must have demonstrated experience and an interest in
investigating, treating, or preventing nursing home resident
abuse or neglect.
(c) Each review team shall select a chairperson from
among its members. The chairperson shall also serve on the
Illinois Residential Health Care Facility Sexual Assault and
Death Review Teams Executive Council.
Section 20. Reviews of nursing home resident sexual
assaults and deaths.
(a) Every reported case of sexual assault of a nursing
home resident that is confirmed shall be reviewed by the
review team for the region that has primary case management
responsibility.
(b) Every death of a nursing home resident shall be
reviewed by the review team for the region that has primary
case management responsibility, if the deceased resident is
one of the following:
(1) A person whose care the Department found
violated federal or State standards in the 6 months
preceding the resident's death.
(2) A person whose care was the subject of a
complaint to the Department in the 30 days preceding the
resident's death, or after the resident's death. A review
team may, at its discretion, review other sudden,
unexpected, or unexplained nursing home resident deaths.
(b) A review team's purpose in conducting reviews of
resident sexual assaults and deaths is to do the following:
(1) Assist in determining the cause and manner of
the resident's assault or death, when requested.
(2) Evaluate means, if any, by which the assault or
death might have been prevented.
(3) Report its findings to appropriate agencies and
make recommendations that may help to reduce the number
of sexual assaults on and unnecessary deaths of nursing
home residents.
(4) Promote continuing education for professionals
involved in investigating, treating, and preventing
nursing home resident abuse and neglect as a means of
preventing sexual assaults and unnecessary deaths of
nursing home residents.
(5) Make specific recommendations to the Director
concerning the prevention of sexual assaults and
unnecessary deaths of nursing home residents and the
establishment of protocols for investigating resident
sexual assaults and deaths.
(c) A review team must review a sexual assault or death
as soon as practicable and not later than 90 days following
the completion by the Department of the investigation of the
assault or death under the Nursing Home Care Act. When there
has been no investigation by the Department, the review team
must review a sexual assault or death within 90 days after
obtaining the information necessary to complete the review
from the coroner, pathologist, medical examiner, or law
enforcement agency, depending on the nature of the case. A
review team must meet at least once in each calendar quarter.
(d) Within 90 days after receiving recommendations made
by a review team under item (5) of subsection (b), the
Director must review those recommendations and respond to the
review team. The Director shall implement recommendations as
feasible and appropriate and shall respond to the review team
in writing to explain the implementation or nonimplementation
of the recommendations.
(e) In any instance when a review team does not operate
in accordance with established protocol, the Director, in
consultation and cooperation with the Executive Council, must
take any necessary actions to bring the review team into
compliance with the protocol.
Section 25. Review team access to information.
(a) The Department shall provide to a review team, on
the request of the review team chairperson, all records and
information in the Department's possession that are relevant
to the review team's review of a sexual assault or death,
including records and information concerning previous reports
or investigations of suspected abuse or neglect.
(b) A review team shall have access to all records and
information that are relevant to its review of a sexual
assault or death and in the possession of a State or local
governmental agency. These records and information include,
without limitation, death certificates, all relevant medical
and mental health records, records of law enforcement agency
investigations, records of coroner or medical examiner
investigations, records of the Department of Corrections
concerning a person's parole, records of a probation and
court services department, and records of a social services
agency that provided services to the resident.
Section 30. Public access to information.
(a) Meetings of the review teams and the Executive
Council shall be closed to the public. Meetings of the review
teams and the Executive Council are not subject to the Open
Meetings Act, as provided in that Act.
(b) Records and information provided to a review team
and the Executive Council, and records maintained by a review
team or the Executive Council, are confidential and not
subject to the Freedom of Information Act, as provided in
that Act. Nothing contained in this subsection (b) prevents
the sharing or disclosure of records, other than those
produced by a review team or the Executive Council, relating
or pertaining to the sexual assault or death of a resident.
(c) Members of a review team and the Executive Council
are not subject to examination, in any civil or criminal
proceeding, concerning information presented to members of
the review team or the Executive Council or opinions formed
by members of the review team or the Executive Council based
on that information. A person may, however, be examined
concerning information provided to a review team or the
Executive Council that is otherwise available to the public.
(d) Records and information produced by a review team
and the Executive Council are not subject to discovery or
subpoena and are not admissible as evidence in any civil or
criminal proceeding. Those records and information are,
however, subject to discovery or a subpoena, and are
admissible as evidence, to the extent they are otherwise
available to the public.
Section 35. Indemnification. The State shall indemnify
and hold harmless members of a review team and the Executive
Council for all their acts, omissions, decisions, or other
conduct arising out of the scope of their service on the
review team or Executive Council, except those involving
willful or wanton misconduct. The method of providing
indemnification shall be as provided in the State Employee
Indemnification Act.
Section 40. Executive Council.
(a) The Illinois Residential Health Care Facility
Resident Sexual Assault and Death Review Teams Executive
Council, consisting of the chairperson of each review team
established under Section 15, is the coordinating and
oversight body for residential health care facility resident
sexual assault and death review teams and activities in
Illinois. The vice-chairperson of a review team, as
designated by the chairperson, may serve as a back-up member
or an alternate member of the Executive Council, if the
chairperson of the review team is unavailable to serve on the
Executive Council. The Director may appoint to the Executive
Council any ex-officio members deemed necessary. Persons with
expertise needed by the Executive Council may be invited to
meetings. The Executive Council must select from its members
a chairperson and a vice-chairperson, each to serve a 2-year,
renewable term. The Executive Council must meet at least 4
times during each calendar year.
(b) The Department must provide or arrange for the staff
support necessary for the Executive Council to carry out its
duties.
(c) The Executive Council has, but is not limited to,
the following duties:
(1) To serve as the voice of review teams in
Illinois.
(2) To consult with the Director concerning the
appointment, reappointment, and removal of review team
members.
(3) To oversee the review teams in order to ensure
that the teams' work is coordinated and in compliance
with the statutes and the operating protocol.
(4) To ensure that the data, results, findings, and
recommendations of the review teams are adequately used
to make any necessary changes in the policies,
procedures, and statutes in order to protect nursing home
residents in a timely manner.
(5) To collaborate with the General Assembly, the
Department, and others in order to develop any
legislation needed to prevent nursing home resident
sexual assaults and unnecessary deaths and to protect
nursing home residents.
(6) To assist in the development of quarterly and
annual reports based on the work and the findings of the
review teams.
(7) To ensure that the review teams' review
processes are standardized in order to convey data,
findings, and recommendations in a usable format.
(8) To serve as a link with other review teams
throughout the country and to participate in national
review team activities.
(9) To develop an annual statewide symposium to
update the knowledge and skills of review team members
and to promote the exchange of information between review
teams.
(10) To provide the review teams with the most
current information and practices concerning nursing home
resident sexual assault and unnecessary death review and
related topics.
(11) To perform any other functions necessary to
enhance the capability of the review teams to reduce and
prevent sexual assaults and unnecessary deaths of nursing
home residents.
Section 75. Relationship to other Acts. Nothing in this
Act is intended to conflict with or duplicate provisions of
other Acts or rules implementing other Acts.
Section 85. Repeal. This Act is repealed on July 1,
2006.
Section 90. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies
shall be open to the public unless excepted in subsection (c)
and closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions
contained in subsection (c) are in derogation of the
requirement that public bodies meet in the open, and
therefore, the exceptions are to be strictly construed,
extending only to subjects clearly within their scope. The
exceptions authorize but do not require the holding of a
closed meeting to discuss a subject included within an
enumerated exception.
(c) Exceptions. A public body may hold closed meetings
to consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body, including hearing testimony
on a complaint lodged against an employee to determine
its validity.
(2) Collective negotiating matters between the
public body and its employees or their representatives,
or deliberations concerning salary schedules for one or
more classes of employees.
(3) The selection of a person to fill a public
office, as defined in this Act, including a vacancy in a
public office, when the public body is given power to
appoint under law or ordinance, or the discipline,
performance or removal of the occupant of a public
office, when the public body is given power to remove the
occupant under law or ordinance.
(4) Evidence or testimony presented in open
hearing, or in closed hearing where specifically
authorized by law, to a quasi-adjudicative body, as
defined in this Act, provided that the body prepares and
makes available for public inspection a written decision
setting forth its determinative reasoning.
(5) The purchase or lease of real property for the
use of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities,
investments, or investment contracts.
(8) Security procedures and the use of personnel
and equipment to respond to an actual, a threatened, or a
reasonably potential danger to the safety of employees,
students, staff or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in
special education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting
or on behalf of the particular public body has been filed
and is pending before a court or administrative tribunal,
or when the public body finds that an action is probable
or imminent, in which case the basis for the finding
shall be recorded and entered into the minutes of the
closed meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise
the disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss
or risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination
in the sale or rental of housing, when closed meetings
are authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a
public body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative
of a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals for a hospital, or other institution
providing medical care, that is operated by the public
body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Employees Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully
closed under this Act, whether for purposes of approval
by the body of the minutes or semi-annual review of the
minutes as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Residential Health Care Facility Resident Sexual Assault
and Death Review Teams Executive Council under the
Residential Health Care Facility Resident Sexual Assault
and Death Review Team Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to
conduct hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a
closed meeting. Final action shall be preceded by a public
recital of the nature of the matter being considered and
other information that will inform the public of the business
being conducted.
(Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.)
Section 93. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The following shall be exempt from inspection and
copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations adopted under federal or State law.
(b) Information that, if disclosed, would
constitute a clearly unwarranted invasion of personal
privacy, unless the disclosure is consented to in writing
by the individual subjects of the information. The
disclosure of information that bears on the public duties
of public employees and officials shall not be considered
an invasion of personal privacy. Information exempted
under this subsection (b) shall include but is not
limited to:
(i) files and personal information maintained
with respect to clients, patients, residents,
students or other individuals receiving social,
medical, educational, vocational, financial,
supervisory or custodial care or services directly
or indirectly from federal agencies or public
bodies;
(ii) personnel files and personal information
maintained with respect to employees, appointees or
elected officials of any public body or applicants
for those positions;
(iii) files and personal information
maintained with respect to any applicant, registrant
or licensee by any public body cooperating with or
engaged in professional or occupational
registration, licensure or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any
tax unless disclosure is otherwise required by State
statute; and
(v) information revealing the identity of
persons who file complaints with or provide
information to administrative, investigative, law
enforcement or penal agencies; provided, however,
that identification of witnesses to traffic
accidents, traffic accident reports, and rescue
reports may be provided by agencies of local
government, except in a case for which a criminal
investigation is ongoing, without constituting a
clearly unwarranted per se invasion of personal
privacy under this subsection.
(c) Records compiled by any public body for
administrative enforcement proceedings and any law
enforcement or correctional agency for law enforcement
purposes or for internal matters of a public body, but
only to the extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency;
(ii) interfere with pending administrative
enforcement proceedings conducted by any public
body;
(iii) deprive a person of a fair trial or an
impartial hearing;
(iv) unavoidably disclose the identity of a
confidential source or confidential information
furnished only by the confidential source;
(v) disclose unique or specialized
investigative techniques other than those generally
used and known or disclose internal documents of
correctional agencies related to detection,
observation or investigation of incidents of crime
or misconduct;
(vi) constitute an invasion of personal
privacy under subsection (b) of this Section;
(vii) endanger the life or physical safety of
law enforcement personnel or any other person; or
(viii) obstruct an ongoing criminal
investigation.
(d) Criminal history record information maintained
by State or local criminal justice agencies, except the
following which shall be open for public inspection and
copying:
(i) chronologically maintained arrest
information, such as traditional arrest logs or
blotters;
(ii) the name of a person in the custody of a
law enforcement agency and the charges for which
that person is being held;
(iii) court records that are public;
(iv) records that are otherwise available
under State or local law; or
(v) records in which the requesting party is
the individual identified, except as provided under
part (vii) of paragraph (c) of subsection (1) of
this Section.
"Criminal history record information" means data
identifiable to an individual and consisting of
descriptions or notations of arrests, detentions,
indictments, informations, pre-trial proceedings, trials,
or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and
the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are
not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(e) Records that relate to or affect the security
of correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or information are proprietary, privileged
or confidential, or where disclosure of the trade secrets
or information may cause competitive harm, including all
information determined to be confidential under Section
4002 of the Technology Advancement and Development Act.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an
advantage to any person proposing to enter into a
contractor agreement with the body, until an award or
final selection is made. Information prepared by or for
the body in preparation of a bid solicitation shall be
exempt until an award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss.
(j) Test questions, scoring keys and other
examination data used to administer an academic
examination or determined the qualifications of an
applicant for a license or employment.
(k) Architects' plans and engineers' technical
submissions for projects not constructed or developed in
whole or in part with public funds and for projects
constructed or developed with public funds, to the extent
that disclosure would compromise security.
(l) Library circulation and order records
identifying library users with specific materials.
(m) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(n) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(o) Information received by a primary or secondary
school, college or university under its procedures for
the evaluation of faculty members by their academic
peers.
(p) Administrative or technical information
associated with automated data processing operations,
including but not limited to software, operating
protocols, computer program abstracts, file layouts,
source listings, object modules, load modules, user
guides, documentation pertaining to all logical and
physical design of computerized systems, employee
manuals, and any other information that, if disclosed,
would jeopardize the security of the system or its data
or the security of materials exempt under this Section.
(q) Documents or materials relating to collective
negotiating matters between public bodies and their
employees or representatives, except that any final
contract or agreement shall be subject to inspection and
copying.
(r) Drafts, notes, recommendations and memoranda
pertaining to the financing and marketing transactions of
the public body. The records of ownership, registration,
transfer, and exchange of municipal debt obligations, and
of persons to whom payment with respect to these
obligations is made.
(s) The records, documents and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under Article VII of the Code of Civil Procedure,
records, documents and information relating to that
parcel shall be exempt except as may be allowed under
discovery rules adopted by the Illinois Supreme Court.
The records, documents and information relating to a real
estate sale shall be exempt until a sale is consummated.
(t) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or
pool.
(u) Information concerning a university's
adjudication of student or employee grievance or
disciplinary cases, to the extent that disclosure would
reveal the identity of the student or employee and
information concerning any public body's adjudication of
student or employee grievances or disciplinary cases,
except for the final outcome of the cases.
(v) Course materials or research materials used by
faculty members.
(w) Information related solely to the internal
personnel rules and practices of a public body.
(x) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(y) Information the disclosure of which is
restricted under Section 5-108 of the Public Utilities
Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State
tax or that relate to investigations by a public body to
determine violation of any criminal law.
(aa) Applications, related documents, and medical
records received by the Experimental Organ
Transplantation Procedures Board and any and all
documents or other records prepared by the Experimental
Organ Transplantation Procedures Board or its staff
relating to applications it has received.
(bb) Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(cc) Information and records held by the Department
of Public Health and its authorized representatives
relating to known or suspected cases of sexually
transmissible disease or any information the disclosure
of which is restricted under the Illinois Sexually
Transmissible Disease Control Act.
(dd) Information the disclosure of which is
exempted under Section 30 of the Radon Industry Licensing
Act.
(ee) Firm performance evaluations under Section 55
of the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(ff) Security portions of system safety program
plans, investigation reports, surveys, schedules, lists,
data, or information compiled, collected, or prepared by
or for the Regional Transportation Authority under
Section 2.11 of the Regional Transportation Authority Act
or the St. Clair County Transit District under the
Bi-State Transit Safety Act.
(gg) Information the disclosure of which is
restricted and exempted under Section 50 of the Illinois
Prepaid Tuition Act.
(hh) Information the disclosure of which is
exempted under Section 80 of the State Gift Ban Act.
(ii) Beginning July 1, 1999, information that would
disclose or might lead to the disclosure of secret or
confidential information, codes, algorithms, programs, or
private keys intended to be used to create electronic or
digital signatures under the Electronic Commerce Security
Act.
(jj) Information contained in a local emergency
energy plan submitted to a municipality in accordance
with a local emergency energy plan ordinance that is
adopted under Section 11-21.5-5 of the Illinois Municipal
Code.
(kk) Information and data concerning the
distribution of surcharge moneys collected and remitted
by wireless carriers under the Wireless Emergency
Telephone Safety Act.
(ll) Records and information provided to a
residential health care facility resident sexual assault
and death review team or the Residential Health Care
Facility Resident Sexual Assault and Death Review Teams
Executive Council under the Residential Health Care
Facility Resident Sexual Assault and Death Review Team
Act.
(2) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise
provided in this Act.
(Source: P.A. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99;
91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff.
8-3-01; 92-281, eff. 8-7-01; 92-645, eff. 7-11-02; 92-651,
eff. 7-11-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 8/21/2003
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