Full Text of HB5371 103rd General Assembly
HB5371ham002 103RD GENERAL ASSEMBLY | Rep. Ann M. Williams Filed: 4/16/2024 | | 10300HB5371ham002 | | LRB103 39459 JRC 72387 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5371
| 2 | | AMENDMENT NO. ______. Amend House Bill 5371 as follows: | 3 | | on page 1, immediately above line 4, by inserting the | 4 | | following: | 5 | | "Section 3. The Freedom of Information Act is amended by | 6 | | changing Section 7.5 as follows: | 7 | | (5 ILCS 140/7.5) | 8 | | (Text of Section before amendment by P.A. 103-472 ) | 9 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 10 | | by the statutes referenced below, the following shall be | 11 | | exempt from inspection and copying: | 12 | | (a) All information determined to be confidential | 13 | | under Section 4002 of the Technology Advancement and | 14 | | Development Act. | 15 | | (b) Library circulation and order records identifying |
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| 1 | | library users with specific materials under the Library | 2 | | Records Confidentiality Act. | 3 | | (c) Applications, related documents, and medical | 4 | | records received by the Experimental Organ Transplantation | 5 | | Procedures Board and any and all documents or other | 6 | | records prepared by the Experimental Organ Transplantation | 7 | | Procedures Board or its staff relating to applications it | 8 | | has received. | 9 | | (d) Information and records held by the Department of | 10 | | Public Health and its authorized representatives relating | 11 | | to known or suspected cases of sexually transmissible | 12 | | disease or any information the disclosure of which is | 13 | | restricted under the Illinois Sexually Transmissible | 14 | | Disease Control Act. | 15 | | (e) Information the disclosure of which is exempted | 16 | | under Section 30 of the Radon Industry Licensing Act. | 17 | | (f) Firm performance evaluations under Section 55 of | 18 | | the Architectural, Engineering, and Land Surveying | 19 | | Qualifications Based Selection Act. | 20 | | (g) Information the disclosure of which is restricted | 21 | | and exempted under Section 50 of the Illinois Prepaid | 22 | | Tuition Act. | 23 | | (h) Information the disclosure of which is exempted | 24 | | under the State Officials and Employees Ethics Act, and | 25 | | records of any lawfully created State or local inspector | 26 | | general's office that would be exempt if created or |
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| 1 | | obtained by an Executive Inspector General's office under | 2 | | that Act. | 3 | | (i) Information contained in a local emergency energy | 4 | | plan submitted to a municipality in accordance with a | 5 | | local emergency energy plan ordinance that is adopted | 6 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 7 | | (j) Information and data concerning the distribution | 8 | | of surcharge moneys collected and remitted by carriers | 9 | | under the Emergency Telephone System Act. | 10 | | (k) Law enforcement officer identification information | 11 | | or driver identification information compiled by a law | 12 | | enforcement agency or the Department of Transportation | 13 | | under Section 11-212 of the Illinois Vehicle Code. | 14 | | (l) Records and information provided to a residential | 15 | | health care facility resident sexual assault and death | 16 | | review team or the Executive Council under the Abuse | 17 | | Prevention Review Team Act. | 18 | | (m) Information provided to the predatory lending | 19 | | database created pursuant to Article 3 of the Residential | 20 | | Real Property Disclosure Act, except to the extent | 21 | | authorized under that Article. | 22 | | (n) Defense budgets and petitions for certification of | 23 | | compensation and expenses for court appointed trial | 24 | | counsel as provided under Sections 10 and 15 of the | 25 | | Capital Crimes Litigation Act (repealed) . This subsection | 26 | | (n) shall apply until the conclusion of the trial of the |
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| 1 | | case, even if the prosecution chooses not to pursue the | 2 | | death penalty prior to trial or sentencing. | 3 | | (o) Information that is prohibited from being | 4 | | disclosed under Section 4 of the Illinois Health and | 5 | | Hazardous Substances Registry Act. | 6 | | (p) Security portions of system safety program plans, | 7 | | investigation reports, surveys, schedules, lists, data, or | 8 | | information compiled, collected, or prepared by or for the | 9 | | Department of Transportation under Sections 2705-300 and | 10 | | 2705-616 of the Department of Transportation Law of the | 11 | | Civil Administrative Code of Illinois, the Regional | 12 | | Transportation Authority under Section 2.11 of the | 13 | | Regional Transportation Authority Act, or the St. Clair | 14 | | County Transit District under the Bi-State Transit Safety | 15 | | Act (repealed) . | 16 | | (q) Information prohibited from being disclosed by the | 17 | | Personnel Record Review Act. | 18 | | (r) Information prohibited from being disclosed by the | 19 | | Illinois School Student Records Act. | 20 | | (s) Information the disclosure of which is restricted | 21 | | under Section 5-108 of the Public Utilities Act. | 22 | | (t) (Blank). | 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 | 7 | | Carry Licensing Review Board under the Firearm Concealed | 8 | | Carry Act, and law enforcement agency objections under the | 9 | | Firearm Concealed Carry Act. | 10 | | (v-5) Records of the Firearm Owner's Identification | 11 | | Card Review Board that are exempted from disclosure under | 12 | | Section 10 of the Firearm Owners Identification Card 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 | | (bbb) Information that is prohibited from disclosure | 25 | | by the Illinois Police Training Act and the Illinois State | 26 | | Police Act. |
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| 1 | | (ccc) Records exempt from disclosure under Section | 2 | | 2605-304 of the Illinois State Police Law of the Civil | 3 | | Administrative Code of Illinois. | 4 | | (ddd) Information prohibited from being disclosed | 5 | | under Section 35 of the Address Confidentiality for | 6 | | Victims of Domestic Violence, Sexual Assault, Human | 7 | | Trafficking, or Stalking Act. | 8 | | (eee) Information prohibited from being disclosed | 9 | | under subsection (b) of Section 75 of the Domestic | 10 | | Violence Fatality Review Act. | 11 | | (fff) Images from cameras under the Expressway Camera | 12 | | Act. This subsection (fff) is inoperative on and after | 13 | | July 1, 2025. | 14 | | (ggg) Information prohibited from disclosure under | 15 | | paragraph (3) of subsection (a) of Section 14 of the Nurse | 16 | | Agency Licensing Act. | 17 | | (hhh) Information submitted to the Illinois State | 18 | | Police in an affidavit or application for an assault | 19 | | weapon endorsement, assault weapon attachment endorsement, | 20 | | .50 caliber rifle endorsement, or .50 caliber cartridge | 21 | | endorsement under the Firearm Owners Identification Card | 22 | | Act. | 23 | | (iii) Data exempt from disclosure under Section 50 of | 24 | | the School Safety Drill Act. | 25 | | (jjj) (hhh) Information exempt from disclosure under | 26 | | Section 30 of the Insurance Data Security Law. |
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| 1 | | (kkk) (iii) Confidential business information | 2 | | prohibited from disclosure under Section 45 of the Paint | 3 | | Stewardship Act. | 4 | | (lll) (Reserved). | 5 | | (mmm) (iii) Information prohibited from being | 6 | | disclosed under subsection (e) of Section 1-129 of the | 7 | | Illinois Power Agency Act. | 8 | | (nnn) Information that is exempt from disclosure under | 9 | | Section 7-101 of the Illinois Human Rights Act. | 10 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | 11 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | 12 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | 13 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | 14 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | 15 | | eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | 16 | | revised 1-2-24.) | 17 | | (Text of Section after amendment by P.A. 103-472 ) | 18 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 19 | | by the statutes referenced below, the following shall be | 20 | | exempt from inspection and copying: | 21 | | (a) All information determined to be confidential | 22 | | under Section 4002 of the Technology Advancement and | 23 | | Development Act. | 24 | | (b) Library circulation and order records identifying | 25 | | library users with specific materials under the Library |
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| 1 | | Records Confidentiality Act. | 2 | | (c) Applications, related documents, and medical | 3 | | records received by the Experimental Organ Transplantation | 4 | | Procedures Board and any and all documents or other | 5 | | records prepared by the Experimental Organ Transplantation | 6 | | Procedures Board or its staff relating to applications it | 7 | | has received. | 8 | | (d) Information and records held by the Department of | 9 | | Public Health and its authorized representatives relating | 10 | | to known or suspected cases of sexually transmissible | 11 | | disease or any information the disclosure of which is | 12 | | restricted under the Illinois Sexually Transmissible | 13 | | Disease Control Act. | 14 | | (e) Information the disclosure of which is exempted | 15 | | under Section 30 of the Radon Industry Licensing Act. | 16 | | (f) Firm performance evaluations under Section 55 of | 17 | | the Architectural, Engineering, and Land Surveying | 18 | | Qualifications Based Selection Act. | 19 | | (g) Information the disclosure of which is restricted | 20 | | and exempted under Section 50 of the Illinois Prepaid | 21 | | Tuition Act. | 22 | | (h) Information the disclosure of which is exempted | 23 | | under the State Officials and Employees Ethics Act, and | 24 | | records of any lawfully created State or local inspector | 25 | | general's office that would be exempt if created or | 26 | | obtained by an Executive Inspector General's office under |
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| 1 | | that Act. | 2 | | (i) Information contained in a local emergency energy | 3 | | plan submitted to a municipality in accordance with a | 4 | | local emergency energy plan ordinance that is adopted | 5 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 6 | | (j) Information and data concerning the distribution | 7 | | of surcharge moneys collected and remitted by carriers | 8 | | under the Emergency Telephone System Act. | 9 | | (k) Law enforcement officer identification information | 10 | | or driver identification information compiled by a law | 11 | | enforcement agency or the Department of Transportation | 12 | | under Section 11-212 of the Illinois Vehicle Code. | 13 | | (l) Records and information provided to a residential | 14 | | health care facility resident sexual assault and death | 15 | | review team or the Executive Council under the Abuse | 16 | | Prevention Review Team Act. | 17 | | (m) Information provided to the predatory lending | 18 | | database created pursuant to Article 3 of the Residential | 19 | | Real Property Disclosure Act, except to the extent | 20 | | authorized under that Article. | 21 | | (n) Defense budgets and petitions for certification of | 22 | | compensation and expenses for court appointed trial | 23 | | counsel as provided under Sections 10 and 15 of the | 24 | | Capital Crimes Litigation Act (repealed) . This subsection | 25 | | (n) shall apply until the conclusion of the trial of the | 26 | | case, even if the prosecution chooses not to pursue the |
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| 1 | | death penalty prior to trial or sentencing. | 2 | | (o) Information that is prohibited from being | 3 | | disclosed under Section 4 of the Illinois Health and | 4 | | Hazardous Substances Registry Act. | 5 | | (p) Security portions of system safety program plans, | 6 | | investigation reports, surveys, schedules, lists, data, or | 7 | | information compiled, collected, or prepared by or for the | 8 | | Department of Transportation under Sections 2705-300 and | 9 | | 2705-616 of the Department of Transportation Law of the | 10 | | Civil Administrative Code of Illinois, the Regional | 11 | | Transportation Authority under Section 2.11 of the | 12 | | Regional Transportation Authority Act, or the St. Clair | 13 | | County Transit District under the Bi-State Transit Safety | 14 | | Act (repealed) . | 15 | | (q) Information prohibited from being disclosed by the | 16 | | Personnel Record Review Act. | 17 | | (r) Information prohibited from being disclosed by the | 18 | | Illinois School Student Records Act. | 19 | | (s) Information the disclosure of which is restricted | 20 | | under Section 5-108 of the Public Utilities Act. | 21 | | (t) (Blank). | 22 | | (u) Records and information provided to an independent | 23 | | team of experts under the Developmental Disability and | 24 | | Mental Health Safety Act (also known as Brian's Law). | 25 | | (v) Names and information of people who have applied | 26 | | for or received Firearm Owner's Identification Cards under |
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| 1 | | the Firearm Owners Identification Card Act or applied for | 2 | | or received a concealed carry license under the Firearm | 3 | | Concealed Carry Act, unless otherwise authorized by the | 4 | | Firearm Concealed Carry Act; and databases under the | 5 | | Firearm Concealed Carry Act, records of the Concealed | 6 | | Carry Licensing Review Board under the Firearm Concealed | 7 | | Carry Act, and law enforcement agency objections under the | 8 | | Firearm Concealed Carry Act. | 9 | | (v-5) Records of the Firearm Owner's Identification | 10 | | Card Review Board that are exempted from disclosure under | 11 | | Section 10 of the Firearm Owners Identification Card Act. | 12 | | (w) Personally identifiable information which is | 13 | | exempted from disclosure under subsection (g) of Section | 14 | | 19.1 of the Toll Highway Act. | 15 | | (x) Information which is exempted from disclosure | 16 | | under Section 5-1014.3 of the Counties Code or Section | 17 | | 8-11-21 of the Illinois Municipal Code. | 18 | | (y) Confidential information under the Adult | 19 | | Protective Services Act and its predecessor enabling | 20 | | statute, the Elder Abuse and Neglect Act, including | 21 | | information about the identity and administrative finding | 22 | | against any caregiver of a verified and substantiated | 23 | | decision of abuse, neglect, or financial exploitation of | 24 | | an eligible adult maintained in the Registry established | 25 | | under Section 7.5 of the Adult Protective Services Act. | 26 | | (z) Records and information provided to a fatality |
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| 1 | | review team or the Illinois Fatality Review Team Advisory | 2 | | Council under Section 15 of the Adult Protective Services | 3 | | Act. | 4 | | (aa) Information which is exempted from disclosure | 5 | | under Section 2.37 of the Wildlife Code. | 6 | | (bb) Information which is or was prohibited from | 7 | | disclosure by the Juvenile Court Act of 1987. | 8 | | (cc) Recordings made under the Law Enforcement | 9 | | Officer-Worn Body Camera Act, except to the extent | 10 | | authorized under that Act. | 11 | | (dd) Information that is prohibited from being | 12 | | disclosed under Section 45 of the Condominium and Common | 13 | | Interest Community Ombudsperson Act. | 14 | | (ee) Information that is exempted from disclosure | 15 | | under Section 30.1 of the Pharmacy Practice Act. | 16 | | (ff) Information that is exempted from disclosure | 17 | | under the Revised Uniform Unclaimed Property Act. | 18 | | (gg) Information that is prohibited from being | 19 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 20 | | Code. | 21 | | (hh) Records that are exempt from disclosure under | 22 | | Section 1A-16.7 of the Election Code. | 23 | | (ii) Information which is exempted from disclosure | 24 | | under Section 2505-800 of the Department of Revenue Law of | 25 | | the Civil Administrative Code of Illinois. | 26 | | (jj) Information and reports that are required to be |
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| 1 | | submitted to the Department of Labor by registering day | 2 | | and temporary labor service agencies but are exempt from | 3 | | disclosure under subsection (a-1) of Section 45 of the Day | 4 | | and Temporary Labor Services Act. | 5 | | (kk) Information prohibited from disclosure under the | 6 | | Seizure and Forfeiture Reporting Act. | 7 | | (ll) Information the disclosure of which is restricted | 8 | | and exempted under Section 5-30.8 of the Illinois Public | 9 | | Aid Code. | 10 | | (mm) Records that are exempt from disclosure under | 11 | | Section 4.2 of the Crime Victims Compensation Act. | 12 | | (nn) Information that is exempt from disclosure under | 13 | | Section 70 of the Higher Education Student Assistance Act. | 14 | | (oo) Communications, notes, records, and reports | 15 | | arising out of a peer support counseling session | 16 | | prohibited from disclosure under the First Responders | 17 | | Suicide Prevention Act. | 18 | | (pp) Names and all identifying information relating to | 19 | | an employee of an emergency services provider or law | 20 | | enforcement agency under the First Responders Suicide | 21 | | Prevention Act. | 22 | | (qq) Information and records held by the Department of | 23 | | Public Health and its authorized representatives collected | 24 | | under the Reproductive Health Act. | 25 | | (rr) Information that is exempt from disclosure under | 26 | | the Cannabis Regulation and Tax Act. |
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| 1 | | (ss) Data reported by an employer to the Department of | 2 | | Human Rights pursuant to Section 2-108 of the Illinois | 3 | | Human Rights Act. | 4 | | (tt) Recordings made under the Children's Advocacy | 5 | | Center Act, except to the extent authorized under that | 6 | | Act. | 7 | | (uu) Information that is exempt from disclosure under | 8 | | Section 50 of the Sexual Assault Evidence Submission Act. | 9 | | (vv) Information that is exempt from disclosure under | 10 | | subsections (f) and (j) of Section 5-36 of the Illinois | 11 | | Public Aid Code. | 12 | | (ww) Information that is exempt from disclosure under | 13 | | Section 16.8 of the State Treasurer Act. | 14 | | (xx) Information that is exempt from disclosure or | 15 | | information that shall not be made public under the | 16 | | Illinois Insurance Code. | 17 | | (yy) Information prohibited from being disclosed under | 18 | | the Illinois Educational Labor Relations Act. | 19 | | (zz) Information prohibited from being disclosed under | 20 | | the Illinois Public Labor Relations Act. | 21 | | (aaa) Information prohibited from being disclosed | 22 | | under Section 1-167 of the Illinois Pension Code. | 23 | | (bbb) Information that is prohibited from disclosure | 24 | | by the Illinois Police Training Act and the Illinois State | 25 | | Police Act. | 26 | | (ccc) Records exempt from disclosure under Section |
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| 1 | | 2605-304 of the Illinois State Police Law of the Civil | 2 | | Administrative Code of Illinois. | 3 | | (ddd) Information prohibited from being disclosed | 4 | | under Section 35 of the Address Confidentiality for | 5 | | Victims of Domestic Violence, Sexual Assault, Human | 6 | | Trafficking, or Stalking Act. | 7 | | (eee) Information prohibited from being disclosed | 8 | | under subsection (b) of Section 75 of the Domestic | 9 | | Violence Fatality Review Act. | 10 | | (fff) Images from cameras under the Expressway Camera | 11 | | Act. This subsection (fff) is inoperative on and after | 12 | | July 1, 2025. | 13 | | (ggg) Information prohibited from disclosure under | 14 | | paragraph (3) of subsection (a) of Section 14 of the Nurse | 15 | | Agency Licensing Act. | 16 | | (hhh) Information submitted to the Illinois State | 17 | | Police in an affidavit or application for an assault | 18 | | weapon endorsement, assault weapon attachment endorsement, | 19 | | .50 caliber rifle endorsement, or .50 caliber cartridge | 20 | | endorsement under the Firearm Owners Identification Card | 21 | | Act. | 22 | | (iii) Data exempt from disclosure under Section 50 of | 23 | | the School Safety Drill Act. | 24 | | (jjj) (hhh) Information exempt from disclosure under | 25 | | Section 30 of the Insurance Data Security Law. | 26 | | (kkk) (iii) Confidential business information |
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| 1 | | prohibited from disclosure under Section 45 of the Paint | 2 | | Stewardship Act. | 3 | | (lll) (iii) Data exempt from disclosure under Section | 4 | | 2-3.196 of the School Code. | 5 | | (mmm) (iii) Information prohibited from being | 6 | | disclosed under subsection (e) of Section 1-129 of the | 7 | | Illinois Power Agency Act. | 8 | | (nnn) Information that is exempt from disclosure under | 9 | | Section 7-101 of the Illinois Human Rights Act. | 10 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | 11 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | 12 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | 13 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | 14 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | 15 | | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | 16 | | 103-580, eff. 12-8-23; revised 1-2-24.)"; and | 17 | | on page 1, line 5, by replacing "3-102," with "3-102, 7-101,"; | 18 | | and | 19 | | on page 16, by replacing lines 4 through 7 with the following: | 20 | | "(A) Transactions. Refuse to engage in a real estate | 21 | | transaction with a person or deny real property, or to | 22 | | discriminate in making available such a transaction;"; and | 23 | | on page 17, immediately below line 17, by inserting the |
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| 1 | | following: | 2 | | "(775 ILCS 5/7-101) (from Ch. 68, par. 7-101) | 3 | | Sec. 7-101. Powers and duties. In addition to other powers | 4 | | and duties prescribed in this Act, the Department shall have | 5 | | the following powers: | 6 | | (A) Rules and Regulations. To adopt, promulgate, amend, | 7 | | and rescind rules and regulations not inconsistent with the | 8 | | provisions of this Act pursuant to the Illinois Administrative | 9 | | Procedure Act. | 10 | | (B) Charges. To issue, receive, investigate, conciliate, | 11 | | settle, and dismiss charges filed in conformity with this Act. | 12 | | (C) Compulsory Process. To request subpoenas as it deems | 13 | | necessary for its investigations. | 14 | | (D) Complaints. To file complaints with the Commission in | 15 | | conformity with this Act and to intervene in complaints | 16 | | pending before the Commission filed under Article 2, 4, 5, 5A, | 17 | | or 6. | 18 | | (E) Judicial Enforcement. To seek temporary relief and to | 19 | | enforce orders of the Commission in conformity with this Act. | 20 | | (F) Equal Employment Opportunities. To take such action as | 21 | | may be authorized to provide for equal employment | 22 | | opportunities and affirmative action. | 23 | | (G) Recruitment; Research; Public Communication; Advisory | 24 | | Councils. To engage in such recruitment, research and public | 25 | | communication and create such advisory councils as may be |
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| 1 | | authorized to effectuate the purposes of this Act. | 2 | | (H) Coordination with other Agencies. To coordinate its | 3 | | activities with federal, state, and local agencies in | 4 | | conformity with this Act. | 5 | | (I) Grants; Private Gifts. | 6 | | (1) To accept public grants and private gifts as may | 7 | | be authorized. | 8 | | (2) To design grant programs and award grants to | 9 | | eligible recipients. | 10 | | (J) Education and Training. To implement a formal and | 11 | | unbiased program of education and training for all employees | 12 | | assigned to investigate and conciliate charges under Articles | 13 | | 7A and 7B. The training program shall include the following: | 14 | | (1) substantive and procedural aspects of the | 15 | | investigation and conciliation positions; | 16 | | (2) current issues in human rights law and practice; | 17 | | (3) lectures by specialists in substantive areas | 18 | | related to human rights matters; | 19 | | (4) orientation to each operational unit of the | 20 | | Department and Commission; | 21 | | (5) observation of experienced Department | 22 | | investigators and attorneys conducting conciliation | 23 | | conferences, combined with the opportunity to discuss | 24 | | evidence presented and rulings made; | 25 | | (6) the use of hypothetical cases requiring the | 26 | | Department investigator and conciliation conference |
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| 1 | | attorney to issue judgments as a means to evaluating | 2 | | knowledge and writing ability; | 3 | | (7) writing skills; | 4 | | (8) computer skills, including but not limited to word | 5 | | processing and document management. | 6 | | A formal, unbiased and ongoing professional development | 7 | | program including, but not limited to, the above-noted areas | 8 | | shall be implemented to keep Department investigators and | 9 | | attorneys informed of recent developments and issues and to | 10 | | assist them in maintaining and enhancing their professional | 11 | | competence. | 12 | | (K) Hotlines. To establish and maintain hotlines and | 13 | | helplines to aid in effectuating the purposes of this Act | 14 | | including the confidential reporting of discrimination, | 15 | | harassment, and bias incidents. All communications received or | 16 | | sent via the hotlines and helplines are exempt from disclosure | 17 | | under the Freedom of Information Act. | 18 | | (Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24 .)"; | 19 | | and | 20 | | on page 36, immediately below line 5, by inserting the | 21 | | following: | 22 | | "Section 95. No acceleration or delay. Where this Act | 23 | | makes changes in a statute that is represented in this Act by | 24 | | text that is not yet or no longer in effect (for example, a |
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| 1 | | Section represented by multiple versions), the use of that | 2 | | text does not accelerate or delay the taking effect of (i) the | 3 | | changes made by this Act or (ii) provisions derived from any | 4 | | other Public Act.". |
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