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Full Text of SB1373  100th General Assembly

SB1373sam001 100TH GENERAL ASSEMBLY

Sen. Karen McConnaughay

Filed: 3/9/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1373

2    AMENDMENT NO. ______. Amend Senate Bill 1373 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
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

 

 

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

 

 

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1    plan submitted to a municipality in accordance with a local
2    emergency energy plan ordinance that is adopted under
3    Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by wireless
6    carriers under the Wireless Emergency Telephone Safety
7    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 Capital
23    Crimes Litigation Act. This subsection (n) shall apply
24    until the conclusion of the trial of the case, even if the
25    prosecution chooses not to pursue the death penalty prior
26    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    Illinois Department of Transportation under Sections
8    2705-300 and 2705-615 of the Department of Transportation
9    Law of the Civil Administrative Code of Illinois, the
10    Regional Transportation Authority under Section 2.11 of
11    the 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 Records 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 in,
22    stored in, submitted to, transferred by, or released from
23    the Illinois Health Information Exchange, and identified
24    or deidentified health information in the form of health
25    data and medical records of the Illinois Health Information
26    Exchange in the possession of the Illinois Health

 

 

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1    Information Exchange Authority due to its administration
2    of the Illinois Health Information Exchange. The terms
3    "identified" and "deidentified" shall be given the same
4    meaning as in the Health Insurance Portability and
5    Accountability Act of 1996, Public Law 104-191, or any
6    subsequent amendments thereto, and any regulations
7    promulgated thereunder.
8        (u) Records and information provided to an independent
9    team of experts under Brian's Law.
10        (v) Names and information of people who have applied
11    for or received Firearm Owner's Identification Cards under
12    the Firearm Owners Identification Card Act or applied for
13    or received a concealed carry license under the Firearm
14    Concealed Carry Act, unless otherwise authorized by the
15    Firearm Concealed Carry Act; and databases under the
16    Firearm Concealed Carry Act, records of the Concealed Carry
17    Licensing Review Board under the Firearm Concealed Carry
18    Act, and law enforcement agency objections under the
19    Firearm Concealed Carry Act.
20        (w) Personally identifiable information which is
21    exempted from disclosure under subsection (g) of Section
22    19.1 of the Toll Highway Act.
23        (x) Information which is exempted from disclosure
24    under Section 5-1014.3 of the Counties Code or Section
25    8-11-21 of the Illinois Municipal Code.
26        (y) Confidential information under the Adult

 

 

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1    Protective Services Act and its predecessor enabling
2    statute, the Elder Abuse and Neglect Act, including
3    information about the identity and administrative finding
4    against any caregiver of a verified and substantiated
5    decision of abuse, neglect, or financial exploitation of an
6    eligible adult maintained in the Registry established
7    under Section 7.5 of the Adult Protective Services Act.
8        (z) Records and information provided to a fatality
9    review team or the Illinois Fatality Review Team Advisory
10    Council under Section 15 of the Adult Protective Services
11    Act.
12        (aa) Information which is exempted from disclosure
13    under Section 2.37 of the Wildlife Code.
14        (bb) Information which is or was prohibited from
15    disclosure by the Juvenile Court Act of 1987.
16        (cc) Recordings made under the Law Enforcement
17    Officer-Worn Body Camera Act, except to the extent
18    authorized under that Act.
19        (dd) Information that is prohibited from being
20    disclosed under Section 45 of the Condominium and Common
21    Interest Community Ombudsperson Act.
22        (ee) (dd) Information that is exempted from disclosure
23    under Section 30.1 of the Pharmacy Practice Act.
24(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
25eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
2699-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;

 

 

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199-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
28-19-16; revised 9-1-16.)
 
3    Section 10. The Department of Transportation Law of the
4Civil Administrative Code of Illinois is amended by changing
5Section 2705-300 and adding Section 2705-615 as follows:
 
6    (20 ILCS 2705/2705-300)  (was 20 ILCS 2705/49.18)
7    Sec. 2705-300. Powers concerning mass transportation. The
8Department has the power to do the following:
9    (1) Advise and assist the Governor and the General Assembly
10in formulating (i) a mass transportation policy for the State,
11(ii) proposals designed to help meet and resolve special
12problems of mass transportation within the State, and (iii)
13programs of assistance for the comprehensive planning,
14development, and administration of mass transportation
15facilities and services.
16    (2) Appear and participate in proceedings before any
17federal, State, or local regulatory agency involving or
18affecting mass transportation in the State.
19    (3) Study mass transportation problems and provide
20technical assistance to units of local government.
21    (4) Encourage experimentation in developing new mass
22transportation facilities and services.
23    (5) Recommend policies, programs, and actions designed to
24improve utilization of mass transportation services.

 

 

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1    (6) Cooperate with mass transit districts and systems,
2local governments, and other State agencies in meeting those
3problems of air, noise, and water pollution associated with
4transportation.
5    (7) Participate fully in a statewide effort to improve
6transport safety, including, but not limited to: .
7        (A) developing, adopting, and implementing a system
8    safety program standard meeting the compliance
9    requirements of 49 U.S.C. 5329 and 49 CFR Part 674, as now
10    or hereafter amended, for the safety of planned, under
11    construction, or in revenue operation rail fixed guideway
12    systems and the personal security of the systems'
13    passengers and employees;
14        (B) establishing procedures in accordance with 49
15    U.S.C. 5329 and 49 CFR Part 674 to regulate, investigate,
16    inspect, audit, and enforce all other necessary and
17    incidental functions related to the effectuation of 49
18    U.S.C. 5329 and 49 CFR Part 674 or other federal law
19    pertaining to public transportation oversight; and
20        (C) requiring the mass transit districts, the Regional
21    Transportation Authority, St. Clair County Transit
22    District, and applicable service boards to comply with the
23    requirements of 49 U.S.C. 5329 and 49 CFR Part 674, as now
24    or hereafter amended. The Department may contract for the
25    services of a qualified consultant to comply with this
26    subsection.

 

 

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1    The security portion of the system safety program,
2investigation reports, surveys, schedules, lists, or data
3compiled, collected, or prepared by or for the Department under
4this subsection shall not be subject to discovery or admitted
5into evidence in federal or State court or considered for other
6purposes in any civil action for damages arising from any
7matter mentioned or addressed in such reports, surveys,
8schedules, lists, data, or information.
9    Except for willful or wanton conduct, neither the
10Department nor its employees, nor the Regional Transportation
11Authority, nor the St. Clair County Transit District, nor any
12mass transit district nor service board subject to this
13Section, nor their respective directors, officers, or
14employees, shall be held liable in any civil action for any
15injury to or death of any person or loss of or damage to
16property for any act, omission, or failure to act under this
17Section, 49 U.S.C. 5329, 49 CFR Part 659, or 49 CFR Part 674,
18as now or hereafter amended.
19    (8) Conduct by contract or otherwise technical studies, and
20demonstration and development projects which shall be designed
21to test and develop methods for increasing public use of mass
22transportation and for providing mass transportation in an
23efficient, coordinated, and convenient manner.
24    (9) Make applications for, receive, and make use of grants
25for mass transportation.
26    (10) Make grants for mass transportation from the

 

 

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1Transportation Fund pursuant to the standards and procedures of
2Sections 2705-305 and 2705-310.
3(Source: P.A. 91-239, eff. 1-1-00.)
 
4    (20 ILCS 2705/2705-615 new)
5    Sec. 2705-615. State safety oversight for rail fixed
6guideway systems. The Department shall develop, adopt, and
7implement a system safety program standard and establish
8procedures to comply with 49 U.S.C. 5329 and 49 CFR Part 674 as
9required under paragraph (7) of Section 2705-300 of the
10Department of Transportation Law of the Civil Administrative
11Code of Illinois.
 
12    Section 15. The Metropolitan Transit Authority Act is
13amended by changing Section 9b and by adding Section 9c as
14follows:
 
15    (70 ILCS 3605/9b)  (from Ch. 111 2/3, par. 309b)
16    Sec. 9b. The Authority shall comply with the requirements
17imposed upon a Service Board in Sections 4.09(d) and 4.11 of
18the Regional Transportation Authority Act and with the
19requirements of subsection (b) of Section 2.11 of the Regional
20Transportation Authority Act. The Authority shall present
21evidence that it has complied with Section 27a of this Act to
22the Regional Transportation Authority.
23(Source: P.A. 90-273, eff. 7-30-97.)
 

 

 

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1    (70 ILCS 3605/9c new)
2    Sec. 9c. State safety oversight for rail fixed guideway
3systems. The Authority shall comply with the requirements of 49
4U.S.C. 5329 as required by the Department of Transportation
5under paragraph (7) of Section 2705-300 of the Department of
6Transportation Law of the Civil Administrative Code of
7Illinois.
 
8    Section 20. The Regional Transportation Authority Act is
9amended by changing Section 2.11 as follows:
 
10    (70 ILCS 3615/2.11)  (from Ch. 111 2/3, par. 702.11)
11    Sec. 2.11. Safety.
12    (a) The Service Boards may establish, enforce and
13facilitate achievement and maintenance of standards of safety
14against accidents with respect to public transportation
15provided by the Service Boards or by transportation agencies
16pursuant to purchase of service agreements with the Service
17Boards. The provisions of general or special orders, rules or
18regulations issued by the Illinois Commerce Commission
19pursuant to Section 57 of "An Act concerning public utilities",
20approved June 29, 1921, as amended, which pertain to public
21transportation and public transportation facilities of
22railroads will continue to apply until the Service Board
23determines that different standards are necessary to protect

 

 

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1such health and safety.
2    (b) (Blank). To the extent required by 49 CFR Part 659 as
3now or hereafter amended, the Authority shall develop and adopt
4a system safety program standard for the safety of rail fixed
5guideway systems and the personal security of the systems'
6passengers and employees and shall establish procedures for
7safety and security reviews, investigations, and oversight
8reporting. The Authority shall require the applicable Service
9Boards to comply with the requirements of 49 CFR Part 659 as
10now or hereafter amended. The Authority may contract for the
11services of a qualified consultant to comply with this
12subsection.
13    (c) The security portion of the system safety program,
14investigation reports, surveys, schedules, lists, or data
15compiled, collected, or prepared by or for the Department of
16Transportation or the Authority under this subsection, shall
17not be subject to discovery or admitted into evidence in
18federal or State court or considered for other purposes in any
19civil action for damages arising from any matter mentioned or
20addressed in such reports, surveys, schedules, lists, data, or
21information.
22    (d) Neither the Authority nor its directors, officers, or
23employees, nor any Service Board subject to this Section nor
24its directors, officers, or employees, nor a mass transit
25district nor its directors, officers, or employees shall be
26held liable in any civil action for any injury to any person or

 

 

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1property for any acts or omissions or failure to act under this
2Section or pursuant to 49 CFR Part 659, as now or hereafter
3amended.
4    (e) The Authority shall comply with all requirements of 49
5U.S.C. 5329 as required by the Department of Transportation
6under paragraph (7) of Section 2705-300 of the Department of
7Transportation Law of the Civil Administrative Code of
8Illinois.
9(Source: P.A. 90-273, eff. 7-30-97.)
 
10    (45 ILCS 111/Act rep.)
11    Section 25. The Bi-State Transit Safety Act is repealed.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".