Illinois General Assembly - Full Text of SB2454
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Full Text of SB2454  102nd General Assembly

SB2454enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2454 EnrolledLRB102 12004 RAM 17340 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other
19    records prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

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1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a
21    local emergency energy plan ordinance that is adopted
22    under Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

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1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the
15    Capital Crimes Litigation Act. This subsection (n) shall
16    apply until the conclusion of the trial of the case, even
17    if the prosecution chooses not to pursue the death penalty
18    prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Department of Transportation under Sections 2705-300 and
26    2705-616 of the Department of Transportation Law of the

 

 

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1    Civil Administrative Code of Illinois, the Regional
2    Transportation Authority under Section 2.11 of the
3    Regional Transportation Authority Act, or the St. Clair
4    County Transit District under the Bi-State Transit Safety
5    Act.
6        (q) Information prohibited from being disclosed by the
7    Personnel Record Review Act.
8        (r) Information prohibited from being disclosed by the
9    Illinois School Student Records Act.
10        (s) Information the disclosure of which is restricted
11    under Section 5-108 of the Public Utilities Act.
12        (t) All identified or deidentified health information
13    in the form of health data or medical records contained
14    in, stored in, submitted to, transferred by, or released
15    from the Illinois Health Information Exchange, and
16    identified or deidentified health information in the form
17    of health data and medical records of the Illinois Health
18    Information Exchange in the possession of the Illinois
19    Health Information Exchange Office due to its
20    administration of the Illinois Health Information
21    Exchange. The terms "identified" and "deidentified" shall
22    be given the same meaning as in the Health Insurance
23    Portability and Accountability Act of 1996, Public Law
24    104-191, or any subsequent amendments thereto, and any
25    regulations promulgated thereunder.
26        (u) Records and information provided to an independent

 

 

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1    team of experts under the Developmental Disability and
2    Mental Health Safety Act (also known as Brian's Law).
3        (v) Names and information of people who have applied
4    for or received Firearm Owner's Identification Cards under
5    the Firearm Owners Identification Card Act or applied for
6    or received a concealed carry license under the Firearm
7    Concealed Carry Act, unless otherwise authorized by the
8    Firearm Concealed Carry Act; and databases under the
9    Firearm Concealed Carry Act, records of the Concealed
10    Carry Licensing Review Board under the Firearm Concealed
11    Carry Act, and law enforcement agency objections under the
12    Firearm Concealed Carry Act.
13        (w) Personally identifiable information which is
14    exempted from disclosure under subsection (g) of Section
15    19.1 of the Toll Highway Act.
16        (x) Information which is exempted from disclosure
17    under Section 5-1014.3 of the Counties Code or Section
18    8-11-21 of the Illinois Municipal Code.
19        (y) Confidential information under the Adult
20    Protective Services Act and its predecessor enabling
21    statute, the Elder Abuse and Neglect Act, including
22    information about the identity and administrative finding
23    against any caregiver of a verified and substantiated
24    decision of abuse, neglect, or financial exploitation of
25    an eligible adult maintained in the Registry established
26    under Section 7.5 of the Adult Protective Services Act.

 

 

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1        (z) Records and information provided to a fatality
2    review team or the Illinois Fatality Review Team Advisory
3    Council under Section 15 of the Adult Protective Services
4    Act.
5        (aa) Information which is exempted from disclosure
6    under Section 2.37 of the Wildlife Code.
7        (bb) Information which is or was prohibited from
8    disclosure by the Juvenile Court Act of 1987.
9        (cc) Recordings made under the Law Enforcement
10    Officer-Worn Body Camera Act, except to the extent
11    authorized under that Act.
12        (dd) Information that is prohibited from being
13    disclosed under Section 45 of the Condominium and Common
14    Interest Community Ombudsperson Act.
15        (ee) Information that is exempted from disclosure
16    under Section 30.1 of the Pharmacy Practice Act.
17        (ff) Information that is exempted from disclosure
18    under the Revised Uniform Unclaimed Property Act.
19        (gg) Information that is prohibited from being
20    disclosed under Section 7-603.5 of the Illinois Vehicle
21    Code.
22        (hh) Records that are exempt from disclosure under
23    Section 1A-16.7 of the Election Code.
24        (ii) Information which is exempted from disclosure
25    under Section 2505-800 of the Department of Revenue Law of
26    the Civil Administrative Code of Illinois.

 

 

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1        (jj) Information and reports that are required to be
2    submitted to the Department of Labor by registering day
3    and temporary labor service agencies but are exempt from
4    disclosure under subsection (a-1) of Section 45 of the Day
5    and Temporary Labor Services Act.
6        (kk) Information prohibited from disclosure under the
7    Seizure and Forfeiture Reporting Act.
8        (ll) Information the disclosure of which is restricted
9    and exempted under Section 5-30.8 of the Illinois Public
10    Aid Code.
11        (mm) Records that are exempt from disclosure under
12    Section 4.2 of the Crime Victims Compensation Act.
13        (nn) Information that is exempt from disclosure under
14    Section 70 of the Higher Education Student Assistance Act.
15        (oo) Communications, notes, records, and reports
16    arising out of a peer support counseling session
17    prohibited from disclosure under the First Responders
18    Suicide Prevention Act.
19        (pp) Names and all identifying information relating to
20    an employee of an emergency services provider or law
21    enforcement agency under the First Responders Suicide
22    Prevention Act.
23        (qq) Information and records held by the Department of
24    Public Health and its authorized representatives collected
25    under the Reproductive Health Act.
26        (rr) Information that is exempt from disclosure under

 

 

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1    the Cannabis Regulation and Tax Act.
2        (ss) Data reported by an employer to the Department of
3    Human Rights pursuant to Section 2-108 of the Illinois
4    Human Rights Act.
5        (tt) Recordings made under the Children's Advocacy
6    Center Act, except to the extent authorized under that
7    Act.
8        (uu) Information that is exempt from disclosure under
9    Section 50 of the Sexual Assault Evidence Submission Act.
10        (vv) Information that is exempt from disclosure under
11    subsections (f) and (j) of Section 5-36 of the Illinois
12    Public Aid Code.
13        (ww) Information that is exempt from disclosure under
14    Section 16.8 of the State Treasurer Act.
15        (xx) Information that is exempt from disclosure or
16    information that shall not be made public under the
17    Illinois Insurance Code.
18        (yy) Information prohibited from being disclosed under
19    the Illinois Educational Labor Relations Act.
20        (zz) Information prohibited from being disclosed under
21    the Illinois Public Labor Relations Act.
22        (aaa) Information prohibited from being disclosed
23    under Section 1-167 of the Illinois Pension Code.
24(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
25100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
268-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

 

 

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1eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
2100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
36-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
4eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
5101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
61-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
7eff. 7-7-20.)
 
8    Section 10. The Department of Transportation Law of the
9Civil Administrative Code of Illinois is amended by changing
10Section 2705-300 and by adding Section 2705-616 as follows:
 
11    (20 ILCS 2705/2705-300)  (was 20 ILCS 2705/49.18)
12    Sec. 2705-300. Powers concerning mass transportation. The
13Department has the power to do the following:
14        (1) Advise and assist the Governor and the General
15    Assembly in formulating (i) a mass transportation policy
16    for the State, (ii) proposals designed to help meet and
17    resolve special problems of mass transportation within the
18    State, and (iii) programs of assistance for the
19    comprehensive planning, development, and administration of
20    mass transportation facilities and services.
21        (2) Appear and participate in proceedings before any
22    federal, State, or local regulatory agency involving or
23    affecting mass transportation in the State.
24        (3) Study mass transportation problems and provide

 

 

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1    technical assistance to units of local government.
2        (4) Encourage experimentation in developing new mass
3    transportation facilities and services.
4        (5) Recommend policies, programs, and actions designed
5    to improve utilization of mass transportation services.
6        (6) Cooperate with mass transit districts and systems,
7    local governments, and other State agencies in meeting
8    those problems of air, noise, and water pollution
9    associated with transportation.
10        (7) Participate fully in a statewide effort to improve
11    transport safety, including, as the designated State
12    agency responsible for overseeing the safety and security
13    of rail fixed guideway public transportation systems in
14    compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330: .
15            (A) developing, adopting, and implementing a
16        system safety program standard and procedures meeting
17        the compliance requirements of 49 U.S.C. 5329 and 49
18        U.S.C. 5330, as now or hereafter amended, for the
19        safety and security of rail fixed guideway public
20        transportation systems within the State; and
21            (B) establishing procedures in accordance with 49
22        U.S.C. 5329 and 49 U.S.C. 5330 to review, approve,
23        oversee, investigate, audit, and enforce all other
24        necessary and incidental functions related to the
25        effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or
26        other federal law, pertaining to public transportation

 

 

SB2454 Enrolled- 11 -LRB102 12004 RAM 17340 b

1        oversight. The Department may contract for the
2        services of a qualified consultant to comply with this
3        subsection.
4        The security portion of the system safety program,
5    investigation reports, surveys, schedules, lists, or data
6    compiled, collected, or prepared by or for the Department
7    under this subsection shall not be subject to discovery or
8    admitted into evidence in federal or State court or
9    considered for other purposes in any civil action for
10    damages arising from any matter mentioned or addressed in
11    such reports, surveys, schedules, lists, data, or
12    information. Except for willful or wanton conduct, neither
13    the Department nor its employees, nor the Regional
14    Transportation Authority, nor the St. Clair County Transit
15    District, nor any mass transit district nor service board
16    subject to this Section, nor their respective directors,
17    officers, or employees, shall be held liable in any civil
18    action for any injury to or death of any person or loss of
19    or damage to property for any act, omission, or failure to
20    act under this Section or 49 U.S.C. 5329 or 49 U.S.C. 5330
21    as now or hereafter amended.
22        (8) Conduct by contract or otherwise technical
23    studies, and demonstration and development projects which
24    shall be designed to test and develop methods for
25    increasing public use of mass transportation and for
26    providing mass transportation in an efficient,

 

 

SB2454 Enrolled- 12 -LRB102 12004 RAM 17340 b

1    coordinated, and convenient manner.
2        (9) Make applications for, receive, and make use of
3    grants for mass transportation.
4        (10) Make grants for mass transportation from the
5    Transportation Fund pursuant to the standards and
6    procedures of Sections 2705-305 and 2705-310.
7    Nothing in this Section alleviates an individual's duty to
8comply with the State Officials and Employees Ethics Act.
9(Source: P.A. 91-239, eff. 1-1-00.)
 
10    (20 ILCS 2705/2705-616 new)
11    Sec. 2705-616. State safety oversight for rail fixed
12guideway systems. The Department shall develop, adopt, and
13implement a system safety program standard and establish
14procedures to comply with 49 U.S.C. 5329 and 49 U.S.C. 5330 as
15required under paragraph (7) of Section 2705-300 of the
16Department of Transportation Law of the Civil Administrative
17Code of Illinois.
 
18    Section 15. The Metropolitan Transit Authority Act is
19amended by changing Section 9b and by adding Section 9c as
20follows:
 
21    (70 ILCS 3605/9b)  (from Ch. 111 2/3, par. 309b)
22    Sec. 9b. The Authority shall comply with the requirements
23imposed upon a Service Board in Sections 4.09(d) and 4.11 of

 

 

SB2454 Enrolled- 13 -LRB102 12004 RAM 17340 b

1the Regional Transportation Authority Act and with the
2requirements of subsection (b) of Section 2.11 of the Regional
3Transportation Authority Act. The Authority shall present
4evidence that it has complied with Section 27a of this Act to
5the Regional Transportation Authority.
6(Source: P.A. 90-273, eff. 7-30-97.)
 
7    (70 ILCS 3605/9c new)
8    Sec. 9c. State safety oversight for rail fixed guideway
9public transportation systems. The Authority shall comply with
10the requirements of 49 U.S.C. 5329 and 49 U.S.C. 5330 as
11required by the Department of Transportation under paragraph
12(7) of Section 2705-300 of the Department of Transportation
13Law of the Civil Administrative Code of Illinois.
 
14    Section 20. The Regional Transportation Authority Act is
15amended by changing Section 2.11 as follows:
 
16    (70 ILCS 3615/2.11)  (from Ch. 111 2/3, par. 702.11)
17    Sec. 2.11. Safety.
18    (a) The Service Boards may establish, enforce and
19facilitate achievement and maintenance of standards of safety
20against accidents with respect to public transportation
21provided by the Service Boards or by transportation agencies
22pursuant to purchase of service agreements with the Service
23Boards. The provisions of general or special orders, rules or

 

 

SB2454 Enrolled- 14 -LRB102 12004 RAM 17340 b

1regulations issued by the Illinois Commerce Commission
2pursuant to Section 57 of "An Act concerning public
3utilities", approved June 29, 1921, as amended, which pertain
4to public transportation and public transportation facilities
5of railroads will continue to apply until the Service Board
6determines that different standards are necessary to protect
7such health and safety.
8    (b) (Blank). To the extent required by 49 CFR Part 659 as
9now or hereafter amended, the Authority shall develop and
10adopt a system safety program standard for the safety of rail
11fixed guideway systems and the personal security of the
12systems' passengers and employees and shall establish
13procedures for safety and security reviews, investigations,
14and oversight reporting. The Authority shall require the
15applicable Service Boards to comply with the requirements of
1649 CFR Part 659 as now or hereafter amended. The Authority may
17contract for the services of a qualified consultant to comply
18with this subsection.
19    (c) The security portion of the system safety program,
20investigation reports, surveys, schedules, lists, or data
21compiled, collected, or prepared by or for the Authority under
22this subsection, shall not be subject to discovery or admitted
23into evidence in federal or State court or considered for
24other purposes in any civil action for damages arising from
25any matter mentioned or addressed in such reports, surveys,
26schedules, lists, data, or information.

 

 

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1    (d) Neither the Authority nor its directors, officers, or
2employees nor any Service Board subject to this Section nor
3its directors, officers, or employees shall be held liable in
4any civil action for any injury to any person or property for
5any acts or omissions or failure to act under this Section or
6pursuant to 49 CFR Part 659 as now or hereafter amended.
7    (e) Nothing in this Section alleviates an individual's
8duty to comply with the State Officials and Employees Ethics
9Act.
10(Source: P.A. 90-273, eff. 7-30-97.)
 
11    (45 ILCS 111/Act rep.)
12    Section 25. The Bi-State Transit Safety Act is repealed.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.