Illinois General Assembly - Full Text of HB3500
Illinois General Assembly

Previous General Assemblies

Full Text of HB3500  97th General Assembly


Rep. Richard Morthland

Filed: 3/2/2011





09700HB3500ham001LRB097 05969 RLC 51960 a


2    AMENDMENT NO. ______. Amend House Bill 3500 by replacing
3everything after the enacting clause with the following:
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 exempt
9from inspection and copying:
10    (a) All information determined to be confidential under
11Section 4002 of the Technology Advancement and Development Act.
12    (b) Library circulation and order records identifying
13library users with specific materials under the Library Records
14Confidentiality Act.
15    (c) Applications, related documents, and medical records
16received by the Experimental Organ Transplantation Procedures



09700HB3500ham001- 2 -LRB097 05969 RLC 51960 a

1Board and any and all documents or other records prepared by
2the Experimental Organ Transplantation Procedures Board or its
3staff relating to applications it has received.
4    (d) Information and records held by the Department of
5Public Health and its authorized representatives relating to
6known or suspected cases of sexually transmissible disease or
7any information the disclosure of which is restricted under the
8Illinois Sexually Transmissible Disease Control Act.
9    (e) Information the disclosure of which is exempted under
10Section 30 of the Radon Industry Licensing Act.
11    (f) Firm performance evaluations under Section 55 of the
12Architectural, Engineering, and Land Surveying Qualifications
13Based Selection Act.
14    (g) Information the disclosure of which is restricted and
15exempted under Section 50 of the Illinois Prepaid Tuition Act.
16    (h) Information the disclosure of which is exempted under
17the State Officials and Employees Ethics Act, and records of
18any lawfully created State or local inspector general's office
19that would be exempt if created or obtained by an Executive
20Inspector General's office under that Act.
21    (i) Information contained in a local emergency energy plan
22submitted to a municipality in accordance with a local
23emergency energy plan ordinance that is adopted under Section
2411-21.5-5 of the Illinois Municipal Code.
25    (j) Information and data concerning the distribution of
26surcharge moneys collected and remitted by wireless carriers



09700HB3500ham001- 3 -LRB097 05969 RLC 51960 a

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



09700HB3500ham001- 4 -LRB097 05969 RLC 51960 a

1Regional Transportation Authority under Section 2.11 of the
2Regional Transportation Authority Act or the St. Clair County
3Transit District under the Bi-State Transit Safety Act.
4    (q) Information prohibited from being disclosed by the
5Personnel Records Review Act.
6    (r) Information prohibited from being disclosed by the
7Illinois School Student Records Act.
8    (s) Information the disclosure of which is restricted under
9Section 5-108 of the Public Utilities Act.
10    (t) All identified or deidentified health information in
11the form of health data or medical records contained in, stored
12in, submitted to, transferred by, or released from the Illinois
13Health Information Exchange, and identified or deidentified
14health information in the form of health data and medical
15records of the Illinois Health Information Exchange in the
16possession of the Illinois Health Information Exchange
17Authority due to its administration of the Illinois Health
18Information Exchange. The terms "identified" and
19"deidentified" shall be given the same meaning as in the Health
20Insurance Accountability and Portability Act of 1996, Public
21Law 104-191, or any subsequent amendments thereto, and any
22regulations promulgated thereunder.
23    (u) (t) Records and information provided to an independent
24team of experts under Brian's Law.
25    (v) Names and information of people who have applied for or
26received Firearm Owner's Identification Cards under the



09700HB3500ham001- 5 -LRB097 05969 RLC 51960 a

1Firearm Owners Identification Card Act, except in a criminal
2investigation as otherwise provided for in subsection (b) of
3Section 7 of that Act.
4(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
596-1331, eff. 7-27-10; revised 9-2-10.)
6    Section 10. The Firearm Owners Identification Card Act is
7amended 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
10Firearm Owner's Identification Card issued under the
11provisions of this Act shall be valid for the person to whom it
12is issued for a period of 10 years from the date of issuance.
13    (b) Notwithstanding any other provision of law, including
14the Freedom of Information Act, it is the public policy of this
15State that the names and information of people who have applied
16for, or received a Firearm Owner's Identification Card under
17this Act are considered private and shall not be disclosed. No
18State or local law enforcement agency shall provide a list of
19names of any or all holders or applicants in the State of
20Illinois of Firearm Owner's Identification Cards except that
21the Department of State Police may provide confirmation that an
22individual has or has not been issued, applied for, or denied a
23Firearm Owner's Identification Card in connection with a
24criminal investigation, and the Department of State Police may



09700HB3500ham001- 6 -LRB097 05969 RLC 51960 a

1continue to report that information to the Law Enforcement
2Agencies 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
5becoming law.".