Full Text of HB3500 97th General Assembly
HB3500ham001 97TH GENERAL ASSEMBLY | Rep. Richard Morthland Filed: 3/2/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3500
| 2 | | AMENDMENT NO. ______. Amend House Bill 3500 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential under | 11 | | Section 4002 of the Technology Advancement and Development Act. | 12 | | (b) Library circulation and order records identifying | 13 | | library users with specific materials under the Library Records | 14 | | Confidentiality Act. | 15 | | (c) Applications, related documents, and medical records | 16 | | received by the Experimental Organ Transplantation Procedures |
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| 1 | | Board and any and all documents or other records prepared by | 2 | | the Experimental Organ Transplantation Procedures Board or its | 3 | | staff relating to applications it has received. | 4 | | (d) Information and records held by the Department of | 5 | | Public Health and its authorized representatives relating to | 6 | | known or suspected cases of sexually transmissible disease or | 7 | | any information the disclosure of which is restricted under the | 8 | | Illinois Sexually Transmissible Disease Control Act. | 9 | | (e) Information the disclosure of which is exempted under | 10 | | Section 30 of the Radon Industry Licensing Act. | 11 | | (f) Firm performance evaluations under Section 55 of the | 12 | | Architectural, Engineering, and Land Surveying Qualifications | 13 | | Based Selection Act. | 14 | | (g) Information the disclosure of which is restricted and | 15 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 16 | | (h) Information the disclosure of which is exempted under | 17 | | the State Officials and Employees Ethics Act, and records of | 18 | | any lawfully created State or local inspector general's office | 19 | | that would be exempt if created or obtained by an Executive | 20 | | Inspector General's office under that Act. | 21 | | (i) Information contained in a local emergency energy plan | 22 | | submitted to a municipality in accordance with a local | 23 | | emergency energy plan ordinance that is adopted under Section | 24 | | 11-21.5-5 of the Illinois Municipal Code. | 25 | | (j) Information and data concerning the distribution of | 26 | | surcharge moneys collected and remitted by wireless carriers |
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| 1 | | under the Wireless Emergency Telephone Safety Act. | 2 | | (k) Law enforcement officer identification information or | 3 | | driver identification information compiled by a law | 4 | | enforcement agency or the Department of Transportation under | 5 | | Section 11-212 of the Illinois Vehicle Code. | 6 | | (l) Records and information provided to a residential | 7 | | health care facility resident sexual assault and death review | 8 | | team or the Executive Council under the Abuse Prevention Review | 9 | | Team Act. | 10 | | (m) Information provided to the predatory lending database | 11 | | created pursuant to Article 3 of the Residential Real Property | 12 | | Disclosure Act, except to the extent authorized under that | 13 | | Article. | 14 | | (n) Defense budgets and petitions for certification of | 15 | | compensation and expenses for court appointed trial counsel as | 16 | | provided under Sections 10 and 15 of the Capital Crimes | 17 | | Litigation Act. This subsection (n) shall apply until the | 18 | | conclusion of the trial of the case, even if the prosecution | 19 | | chooses not to pursue the death penalty prior to trial or | 20 | | sentencing. | 21 | | (o) Information that is prohibited from being disclosed | 22 | | under Section 4 of the Illinois Health and Hazardous Substances | 23 | | Registry Act. | 24 | | (p) Security portions of system safety program plans, | 25 | | investigation reports, surveys, schedules, lists, data, or | 26 | | information compiled, collected, or prepared by or for the |
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| 1 | | Regional Transportation Authority under Section 2.11 of the | 2 | | Regional Transportation Authority Act or the St. Clair County | 3 | | Transit District under the Bi-State Transit Safety Act. | 4 | | (q) Information prohibited from being disclosed by the | 5 | | Personnel Records Review Act. | 6 | | (r) Information prohibited from being disclosed by the | 7 | | Illinois School Student Records Act. | 8 | | (s) Information the disclosure of which is restricted under | 9 | | Section 5-108 of the Public Utilities Act.
| 10 | | (t) All identified or deidentified health information in | 11 | | the form of health data or medical records contained in, stored | 12 | | in, submitted to, transferred by, or released from the Illinois | 13 | | Health Information Exchange, and identified or deidentified | 14 | | health information in the form of health data and medical | 15 | | records of the Illinois Health Information Exchange in the | 16 | | possession of the Illinois Health Information Exchange | 17 | | Authority due to its administration of the Illinois Health | 18 | | Information Exchange. The terms "identified" and | 19 | | "deidentified" shall be given the same meaning as in the Health | 20 | | Insurance Accountability and Portability Act of 1996, Public | 21 | | Law 104-191, or any subsequent amendments thereto, and any | 22 | | regulations promulgated thereunder. | 23 | | (u) (t) Records and information provided to an independent | 24 | | team of experts under Brian's Law. | 25 | | (v) Names and information of people who have applied for or | 26 | | received Firearm Owner's Identification Cards under the |
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| 1 | | Firearm Owners Identification Card Act, except in a criminal | 2 | | investigation as otherwise provided for in subsection (b) of | 3 | | Section 7 of that Act. | 4 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | 5 | | 96-1331, eff. 7-27-10; revised 9-2-10.) | 6 | | Section 10. The Firearm Owners Identification Card Act is | 7 | | amended by changing Section 7 as follows:
| 8 | | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
| 9 | | Sec. 7. (a) Except as provided in Section 8 of this Act, a | 10 | | Firearm Owner's
Identification Card issued under the | 11 | | provisions of this Act shall be valid
for the person to whom it | 12 | | is issued for a period of 10 years from the date
of issuance. | 13 | | (b) Notwithstanding any other provision of law, including | 14 | | the Freedom of Information Act, it is the public policy of this | 15 | | State that the names and information of people who have applied | 16 | | for, or received a Firearm Owner's Identification Card under | 17 | | this Act are considered private and shall not be disclosed. No | 18 | | State or local law enforcement agency shall provide a list of | 19 | | names of any or all holders or applicants in the State of | 20 | | Illinois of Firearm Owner's Identification Cards except that | 21 | | the Department of State Police may provide confirmation that an | 22 | | individual has or has not been issued, applied for, or denied a | 23 | | Firearm Owner's Identification Card in connection with a | 24 | | criminal investigation, and the Department of State Police may |
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| 1 | | continue to report that information to the Law Enforcement | 2 | | Agencies Data System (LEADS) for authorized users. | 3 | | (Source: P.A. 95-581, eff. 6-1-08 .)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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