Full Text of HB2237 101st General Assembly
HB2237enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 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 records | 19 | | 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 local | 21 | | emergency energy plan ordinance that is adopted under | 22 | | 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 Capital | 15 | | Crimes Litigation Act. This subsection (n) shall apply | 16 | | until the conclusion of the trial of the case, even if the | 17 | | prosecution chooses not to pursue the death penalty prior | 18 | | 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 | | Regional Transportation Authority under Section 2.11 of | 26 | | the Regional Transportation Authority Act or the St. Clair |
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| 1 | | County Transit District under the Bi-State Transit Safety | 2 | | Act. | 3 | | (q) Information prohibited from being disclosed by the | 4 | | Personnel Record Records Review Act. | 5 | | (r) Information prohibited from being disclosed by the | 6 | | Illinois School Student Records Act. | 7 | | (s) Information the disclosure of which is restricted | 8 | | under Section 5-108 of the Public Utilities Act.
| 9 | | (t) All identified or deidentified health information | 10 | | in the form of health data or medical records contained in, | 11 | | stored in, submitted to, transferred by, or released from | 12 | | the Illinois Health Information Exchange, and identified | 13 | | or deidentified health information in the form of health | 14 | | data and medical records of the Illinois Health Information | 15 | | Exchange in the possession of the Illinois Health | 16 | | Information Exchange Authority due to its administration | 17 | | of the Illinois Health Information Exchange. The terms | 18 | | "identified" and "deidentified" shall be given the same | 19 | | meaning as in the Health Insurance Portability and | 20 | | Accountability Act of 1996, Public Law 104-191, or any | 21 | | subsequent amendments thereto, and any regulations | 22 | | promulgated thereunder. | 23 | | (u) Records and information provided to an independent | 24 | | team of experts under the Developmental Disability and | 25 | | Mental Health Safety Act (also known as Brian's Law ) . | 26 | | (v) Names and information of people who have applied |
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| 1 | | for or received Firearm Owner's Identification Cards under | 2 | | the Firearm Owners Identification Card Act or applied for | 3 | | or received a concealed carry license under the Firearm | 4 | | Concealed Carry Act, unless otherwise authorized by the | 5 | | Firearm Concealed Carry Act; and databases under the | 6 | | Firearm Concealed Carry Act, records of the Concealed Carry | 7 | | Licensing Review Board under the Firearm Concealed Carry | 8 | | Act, and law enforcement agency objections under the | 9 | | Firearm Concealed Carry Act. | 10 | | (w) Personally identifiable information which is | 11 | | exempted from disclosure under subsection (g) of Section | 12 | | 19.1 of the Toll Highway Act. | 13 | | (x) Information which is exempted from disclosure | 14 | | under Section 5-1014.3 of the Counties Code or Section | 15 | | 8-11-21 of the Illinois Municipal Code. | 16 | | (y) Confidential information under the Adult | 17 | | Protective Services Act and its predecessor enabling | 18 | | statute, the Elder Abuse and Neglect Act, including | 19 | | information about the identity and administrative finding | 20 | | against any caregiver of a verified and substantiated | 21 | | decision of abuse, neglect, or financial exploitation of an | 22 | | eligible adult maintained in the Registry established | 23 | | under Section 7.5 of the Adult Protective Services Act. | 24 | | (z) Records and information provided to a fatality | 25 | | review team or the Illinois Fatality Review Team Advisory | 26 | | Council under Section 15 of the Adult Protective Services |
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| 1 | | Act. | 2 | | (aa) Information which is exempted from disclosure | 3 | | under Section 2.37 of the Wildlife Code. | 4 | | (bb) Information which is or was prohibited from | 5 | | disclosure by the Juvenile Court Act of 1987. | 6 | | (cc) Recordings made under the Law Enforcement | 7 | | Officer-Worn Body Camera Act, except to the extent | 8 | | authorized under that Act. | 9 | | (dd) Information that is prohibited from being | 10 | | disclosed under Section 45 of the Condominium and Common | 11 | | Interest Community Ombudsperson Act. | 12 | | (ee) Information that is exempted from disclosure | 13 | | under Section 30.1 of the Pharmacy Practice Act. | 14 | | (ff) Information that is exempted from disclosure | 15 | | under the Revised Uniform Unclaimed Property Act. | 16 | | (gg) Information that is prohibited from being | 17 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 18 | | Code. | 19 | | (hh) Records that are exempt from disclosure under | 20 | | Section 1A-16.7 of the Election Code. | 21 | | (ii) Information which is exempted from disclosure | 22 | | under Section 2505-800 of the Department of Revenue Law of | 23 | | the Civil Administrative Code of Illinois. | 24 | | (jj) Information and reports that are required to be | 25 | | submitted to the Department of Labor by registering day and | 26 | | temporary labor service agencies but are exempt from |
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| 1 | | disclosure under subsection (a-1) of Section 45 of the Day | 2 | | and Temporary Labor Services Act. | 3 | | (kk) Information prohibited from disclosure under the | 4 | | Seizure and Forfeiture Reporting Act. | 5 | | (ll) Information the disclosure of which is restricted | 6 | | and exempted under Section 5-30.8 of the Illinois Public | 7 | | Aid Code. | 8 | | (mm) (ll) Records that are exempt from disclosure under | 9 | | Section 4.2 of the Crime Victims Compensation Act. | 10 | | (nn) (ll) Information that is exempt from disclosure | 11 | | under Section 70 of the Higher Education Student Assistance | 12 | | Act. | 13 | | (oo) Information that is exempt from disclosure under | 14 | | Section 16.8 of the State Treasurer Act. | 15 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 16 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 17 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 18 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 19 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 20 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | 21 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | 22 | | 10-12-18.) | 23 | | Section 10. The State Treasurer Act is amended by adding | 24 | | Section 16.8 as follows: |
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| 1 | | (15 ILCS 505/16.8 new) | 2 | | Sec. 16.8. Illinois Higher Education Savings Program. | 3 | | (a) Definitions. As used in this Section: | 4 | | "Beneficiary" means an eligible child named as a recipient | 5 | | of seed funds. | 6 | | "College savings account" means a 529 plan account | 7 | | established under Section 16.5. | 8 | | "Eligible child" means a child born or adopted after | 9 | | December 31, 2020, to a parent who is a resident of Illinois at | 10 | | the time of the birth or adoption, as evidenced by | 11 | | documentation received by the Treasurer from the Department of | 12 | | Revenue, the Department of Public Health, or another State or | 13 | | local government agency. | 14 | | "Eligible educational institution" means institutions that | 15 | | are described in Section 1001 of the federal Higher Education | 16 | | Act of 1965 that are eligible to participate in Department of | 17 | | Education student aid programs. | 18 | | "Fund" means the Illinois Higher Education Savings Program | 19 | | Fund. | 20 | | "Omnibus account" means the pooled collection of seed funds | 21 | | owned and managed by the State Treasurer under this Act. | 22 | | "Program" means the Illinois Higher Education Savings | 23 | | Program. | 24 | | "Qualified higher education expense" means the following: | 25 | | (i) tuition, fees, and the costs of books, supplies, and | 26 | | equipment required for enrollment or attendance at an eligible |
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| 1 | | educational institution; (ii) expenses for special needs | 2 | | services, in the case of a special needs beneficiary, which are | 3 | | incurred in connection with such enrollment or attendance; | 4 | | (iii) certain expenses for the purchase of computer or | 5 | | peripheral equipment, computer software, or Internet access | 6 | | and related services as defined under Section 529 of the | 7 | | Internal Revenue Code; and (iv) room and board expenses | 8 | | incurred while attending an eligible educational institution | 9 | | at least half-time. | 10 | | "Seed funds" means the deposit made by the State Treasurer | 11 | | into the Omnibus Accounts for Program beneficiaries. | 12 | | (b) Program established. The State Treasurer shall | 13 | | establish the Illinois Higher Education Savings Program | 14 | | provided that sufficient funds are available. The State | 15 | | Treasurer shall administer the Program for the purposes of | 16 | | expanding access to higher education through savings. | 17 | | (c) Program enrollment. The State Treasurer shall enroll | 18 | | all eligible children in the Program beginning in 2021, after | 19 | | receiving records of recent births, adoptions, or dependents | 20 | | from the Department of Revenue, the Department of Public | 21 | | Health, or another State or local government agency designated | 22 | | by the Treasurer. Notwithstanding any court order which would | 23 | | otherwise prevent the release of information, the Department of | 24 | | Public Health is authorized to release the information | 25 | | specified under this subsection (c) to the State Treasurer for | 26 | | the purposes of the Program established under this Section. |
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| 1 | | (1) On and after the effective date of this amendatory | 2 | | Act of the 101st General Assembly, the Department of | 3 | | Revenue and the Department of Public Health shall provide | 4 | | the State Treasurer with information on recent Illinois | 5 | | births, adoptions and dependents including, but not | 6 | | limited to: the full name, residential address, and birth | 7 | | date of the child and the child's parent or legal guardian | 8 | | for the purpose of enrolling eligible children in the | 9 | | Program. This data shall be provided to the State Treasurer | 10 | | by the Department of Revenue and the Department of Public | 11 | | Health on a quarterly basis, no later than 30 days after | 12 | | the end of each quarter. | 13 | | (2) The State Treasurer shall ensure the security and | 14 | | confidentiality of the information provided by the | 15 | | Department of Revenue, the Department of Public Health, or | 16 | | another State or local government agency, and it shall not | 17 | | be subject to release under the Freedom of Information Act. | 18 | | (3) Information provided under this Section shall only | 19 | | be used by the State Treasurer for the Program and shall | 20 | | not be used for any other purpose. | 21 | | (4) The State Treasurer and any vendors working on the | 22 | | Program shall maintain strict confidentiality of any | 23 | | information provided under this Section, and shall | 24 | | promptly provide written or electronic notice to the | 25 | | providing agency of any security breach. The providing | 26 | | State or local government agency shall remain the sole and |
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| 1 | | exclusive owner of information provided under this | 2 | | Section. | 3 | | (d) Seed funds. After receiving information on recent | 4 | | births, adoptions, or dependents from the Department of | 5 | | Revenue, the Department of Public Health, or another State or | 6 | | local government agency, the State Treasurer shall make a | 7 | | deposit into an omnibus account of the Fund on behalf of each | 8 | | eligible child. The State Treasurer shall be the owner of the | 9 | | omnibus accounts. The deposit of seed funds shall be subject to | 10 | | appropriation by the General Assembly. | 11 | | (1) Deposit amount. The seed fund deposit for each | 12 | | eligible child shall be in the amount of $50. This amount | 13 | | may be increased by the State Treasurer by rule. The State | 14 | | Treasurer may use or deposit funds appropriated by the | 15 | | General Assembly together with moneys received as gifts, | 16 | | grants, or contributions into the Fund. If insufficient | 17 | | funds are available in the Fund, the State Treasurer may | 18 | | reduce the deposit amount or forego deposits. | 19 | | (2) Use of seed funds. Seed funds, including any | 20 | | interest, dividends, and other earnings accrued, will be | 21 | | eligible for use by a beneficiary for qualified higher | 22 | | education expenses if: | 23 | | (A) the parent or guardian of the eligible child | 24 | | claimed the seed funds for the beneficiary by the | 25 | | beneficiary's 10th birthday; | 26 | | (B) the beneficiary has completed secondary |
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| 1 | | education or has reached the age of 18; and | 2 | | (C) the beneficiary is currently a resident of the | 3 | | State of Illinois. Non-residents are not eligible to | 4 | | claim or use seed funds. | 5 | | (3) Notice of seed fund availability. The State | 6 | | Treasurer shall make a good faith effort to notify | 7 | | beneficiaries and their parents or legal guardians of the | 8 | | seed funds' availability and the deadline to claim such | 9 | | funds. | 10 | | (4) Unclaimed seed funds. Seed funds that are unclaimed | 11 | | by the beneficiary's 10th birthday or unused by the | 12 | | beneficiary's 26th birthday will be considered forfeited. | 13 | | Unclaimed and unused seed funds will remain in the omnibus | 14 | | account for future beneficiaries. | 15 | | (e) Financial education. The State Treasurer may develop | 16 | | educational materials that support the financial literacy of | 17 | | beneficiaries and their legal guardians, and may do so in | 18 | | collaboration with State and federal agencies, including, but | 19 | | not limited to, the Illinois State Board of Education and | 20 | | existing nonprofit agencies with expertise in financial | 21 | | literacy and education. | 22 | | (f) Incentives and partnerships. The State Treasurer may | 23 | | develop partnerships with private, nonprofit, or governmental | 24 | | organizations to provide additional incentives for eligible | 25 | | children, including conditional cash transfers or matching | 26 | | contributions that provide a savings incentive based on |
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| 1 | | specific actions taken or other criteria. | 2 | | (g) Illinois Higher Education Savings Program Fund. The | 3 | | Illinois Higher Education Savings Program Fund is hereby | 4 | | established. The Fund shall be the official repository of all | 5 | | contributions, appropriations, interest, and dividend | 6 | | payments, gifts, or other financial assets received by the | 7 | | State Treasurer in connection with operation of the Program or | 8 | | related partnerships. All such moneys shall be deposited in the | 9 | | Fund and held by the State Treasurer as custodian thereof, | 10 | | outside of the State treasury, separate and apart from all | 11 | | public moneys or funds of this State. The State Treasurer may | 12 | | accept gifts, grants, awards, matching contributions, interest | 13 | | income, and appropriations from individuals, businesses, | 14 | | governments, and other third-party sources to implement the | 15 | | Program on terms that the Treasurer deems advisable. All | 16 | | interest or other earnings accruing or received on amounts in | 17 | | the Illinois Higher Education Savings Program Fund shall be | 18 | | credited to and retained by the Fund and used for the benefit | 19 | | of the Program. Assets of the Fund must at all times be | 20 | | preserved, invested, and expended only for the purposes of the | 21 | | Program and must be held for the benefit of the beneficiaries. | 22 | | Assets may not be transferred or used by the State or the State | 23 | | Treasurer for any purposes other than the purposes of the | 24 | | Program. In addition, no moneys, interest, or other earnings | 25 | | paid into the Fund shall be used, temporarily or otherwise, for | 26 | | inter-fund borrowing or be otherwise used or appropriated |
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| 1 | | except as expressly authorized by this Act. Notwithstanding the | 2 | | requirements of this subsection (f), amounts in the Fund may be | 3 | | used by the State Treasurer to pay the administrative costs of | 4 | | the Program. | 5 | | (h) Audits and reports. The State Treasurer shall include | 6 | | the Illinois Higher Education Savings Program as part of the | 7 | | audit of the College Savings Pool described in Section 16.5. | 8 | | The State Treasurer shall annually prepare a report that | 9 | | includes a summary of the Program operations for the preceding | 10 | | fiscal year, including the number of children enrolled in the | 11 | | Program, the total amount of seed fund deposits, and such other | 12 | | information that is relevant to make a full disclosure of the | 13 | | operations of the Program and Fund. The report shall be made | 14 | | available on the Treasurer's website by January 31 each year, | 15 | | starting in January of 2022. The State Treasurer may include | 16 | | the Program in other reports as warranted. | 17 | | (i) Rules. The State Treasurer may adopt rules necessary to | 18 | | implement this Section.
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