Full Text of SB3138 100th General Assembly
SB3138enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 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 | | (Text of Section before amendment by P.A. 100-512 and | 8 | | 100-517 ) | 9 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 10 | | by the statutes referenced below, the following shall be exempt | 11 | | 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 | 16 | | library users with specific materials under the Library | 17 | | Records Confidentiality Act. | 18 | | (c) Applications, related documents, and medical | 19 | | records received by the Experimental Organ Transplantation | 20 | | Procedures Board and any and all documents or other records | 21 | | prepared by the Experimental Organ Transplantation | 22 | | Procedures Board or its staff relating to applications it | 23 | | has received. |
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| 1 | | (d) Information and records held by the Department of | 2 | | Public Health and its authorized representatives relating | 3 | | to known or suspected cases of sexually transmissible | 4 | | disease or any information the disclosure of which is | 5 | | restricted under the Illinois Sexually Transmissible | 6 | | Disease Control Act. | 7 | | (e) Information the disclosure of which is exempted | 8 | | under Section 30 of the Radon Industry Licensing Act. | 9 | | (f) Firm performance evaluations under Section 55 of | 10 | | the Architectural, Engineering, and Land Surveying | 11 | | Qualifications Based Selection Act. | 12 | | (g) Information the disclosure of which is restricted | 13 | | and exempted under Section 50 of the Illinois Prepaid | 14 | | Tuition Act. | 15 | | (h) Information the disclosure of which is exempted | 16 | | under the State Officials and Employees Ethics Act, and | 17 | | records of any lawfully created State or local inspector | 18 | | general's office that would be exempt if created or | 19 | | obtained by an Executive Inspector General's office under | 20 | | that Act. | 21 | | (i) Information contained in a local emergency energy | 22 | | plan submitted to a municipality in accordance with a local | 23 | | emergency energy plan ordinance that is adopted under | 24 | | Section 11-21.5-5 of the Illinois Municipal Code. | 25 | | (j) Information and data concerning the distribution | 26 | | of surcharge moneys collected and remitted by carriers |
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| 1 | | under the Emergency Telephone System Act. | 2 | | (k) Law enforcement officer identification information | 3 | | or driver identification information compiled by a law | 4 | | enforcement agency or the Department of Transportation | 5 | | under 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 | 8 | | review team or the Executive Council under the Abuse | 9 | | Prevention Review Team Act. | 10 | | (m) Information provided to the predatory lending | 11 | | database created pursuant to Article 3 of the Residential | 12 | | Real Property Disclosure Act, except to the extent | 13 | | authorized under that Article. | 14 | | (n) Defense budgets and petitions for certification of | 15 | | compensation and expenses for court appointed trial | 16 | | counsel as provided under Sections 10 and 15 of the Capital | 17 | | Crimes Litigation Act. This subsection (n) shall apply | 18 | | until the conclusion of the trial of the case, even if the | 19 | | prosecution chooses not to pursue the death penalty prior | 20 | | to trial or sentencing. | 21 | | (o) Information that is prohibited from being | 22 | | disclosed under Section 4 of the Illinois Health and | 23 | | Hazardous Substances 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 | 2 | | the Regional Transportation Authority Act or the St. Clair | 3 | | County Transit District under the Bi-State Transit Safety | 4 | | Act. | 5 | | (q) Information prohibited from being disclosed by the | 6 | | Personnel Records Review Act. | 7 | | (r) Information prohibited from being disclosed by the | 8 | | Illinois School Student Records Act. | 9 | | (s) Information the disclosure of which is restricted | 10 | | under Section 5-108 of the Public Utilities Act.
| 11 | | (t) All identified or deidentified health information | 12 | | in the form of health data or medical records contained in, | 13 | | stored in, submitted to, transferred by, or released from | 14 | | the Illinois Health Information Exchange, and identified | 15 | | or deidentified health information in the form of health | 16 | | data and medical records of the Illinois Health Information | 17 | | Exchange in the possession of the Illinois Health | 18 | | Information Exchange Authority due to its administration | 19 | | of the Illinois Health Information Exchange. The terms | 20 | | "identified" and "deidentified" shall be given the same | 21 | | meaning as in the Health Insurance Portability and | 22 | | Accountability Act of 1996, Public Law 104-191, or any | 23 | | subsequent amendments thereto, and any regulations | 24 | | promulgated thereunder. | 25 | | (u) Records and information provided to an independent | 26 | | team of experts under Brian's Law. |
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| 1 | | (v) Names and information of people who have applied | 2 | | for or received Firearm Owner's Identification Cards under | 3 | | the Firearm Owners Identification Card Act or applied for | 4 | | or received a concealed carry license under the Firearm | 5 | | Concealed Carry Act, unless otherwise authorized by the | 6 | | Firearm Concealed Carry Act; and databases under the | 7 | | Firearm Concealed Carry Act, records of the Concealed Carry | 8 | | Licensing Review Board under the Firearm Concealed Carry | 9 | | Act, and law enforcement agency objections under the | 10 | | Firearm Concealed Carry Act. | 11 | | (w) Personally identifiable information which is | 12 | | exempted from disclosure under subsection (g) of Section | 13 | | 19.1 of the Toll Highway Act. | 14 | | (x) Information which is exempted from disclosure | 15 | | under Section 5-1014.3 of the Counties Code or Section | 16 | | 8-11-21 of the Illinois Municipal Code. | 17 | | (y) Confidential information under the Adult | 18 | | Protective Services Act and its predecessor enabling | 19 | | statute, the Elder Abuse and Neglect Act, including | 20 | | information about the identity and administrative finding | 21 | | against any caregiver of a verified and substantiated | 22 | | decision of abuse, neglect, or financial exploitation of an | 23 | | eligible adult maintained in the Registry established | 24 | | under Section 7.5 of the Adult Protective Services Act. | 25 | | (z) Records and information provided to a fatality | 26 | | review team or the Illinois Fatality Review Team Advisory |
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| 1 | | Council under Section 15 of the Adult Protective Services | 2 | | Act. | 3 | | (aa) Information which is exempted from disclosure | 4 | | under Section 2.37 of the Wildlife Code. | 5 | | (bb) Information which is or was prohibited from | 6 | | disclosure by the Juvenile Court Act of 1987. | 7 | | (cc) Recordings made under the Law Enforcement | 8 | | Officer-Worn Body Camera Act, except to the extent | 9 | | authorized under that Act. | 10 | | (dd) Information that is prohibited from being | 11 | | disclosed under Section 45 of the Condominium and Common | 12 | | Interest Community Ombudsperson Act. | 13 | | (ee) Information that is exempted from disclosure | 14 | | under Section 30.1 of the Pharmacy Practice Act. | 15 | | (ff) Information that is exempted from disclosure | 16 | | under the Revised Uniform Unclaimed Property Act. | 17 | | (gg) (ff) Information that is prohibited from being | 18 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 19 | | Code. | 20 | | (hh) (ff) Records that are exempt from disclosure under | 21 | | Section 1A-16.7 of the Election Code. | 22 | | (ii) (ff) Information which is exempted from | 23 | | disclosure under Section 2505-800 of the Department of | 24 | | Revenue Law of the Civil Administrative Code of Illinois. | 25 | | (ll) Information that is exempt from disclosure under | 26 | | Section 70 of the Higher Education Student Assistance Act. |
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| 1 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 2 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 3 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 4 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 5 | | 8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.) | 6 | | (Text of Section after amendment by P.A. 100-517 but before | 7 | | amendment by P.A. 100-512 ) | 8 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 9 | | by the statutes referenced below, the following shall be exempt | 10 | | from inspection and copying: | 11 | | (a) All information determined to be confidential | 12 | | under Section 4002 of the Technology Advancement and | 13 | | Development Act. | 14 | | (b) Library circulation and order records identifying | 15 | | library users with specific materials under the Library | 16 | | Records Confidentiality Act. | 17 | | (c) Applications, related documents, and medical | 18 | | records received by the Experimental Organ Transplantation | 19 | | Procedures Board and any and all documents or other records | 20 | | prepared by the Experimental Organ Transplantation | 21 | | Procedures Board or its staff relating to applications it | 22 | | has received. | 23 | | (d) Information and records held by the Department of | 24 | | Public Health and its authorized representatives relating | 25 | | to known or suspected cases of sexually transmissible |
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| 1 | | disease or any information the disclosure of which is | 2 | | restricted under the Illinois Sexually Transmissible | 3 | | Disease Control Act. | 4 | | (e) Information the disclosure of which is exempted | 5 | | under Section 30 of the Radon Industry Licensing Act. | 6 | | (f) Firm performance evaluations under Section 55 of | 7 | | the Architectural, Engineering, and Land Surveying | 8 | | Qualifications Based Selection Act. | 9 | | (g) Information the disclosure of which is restricted | 10 | | and exempted under Section 50 of the Illinois Prepaid | 11 | | Tuition Act. | 12 | | (h) Information the disclosure of which is exempted | 13 | | under the State Officials and Employees Ethics Act, and | 14 | | records of any lawfully created State or local inspector | 15 | | general's office that would be exempt if created or | 16 | | obtained by an Executive Inspector General's office under | 17 | | that Act. | 18 | | (i) Information contained in a local emergency energy | 19 | | plan submitted to a municipality in accordance with a local | 20 | | emergency energy plan ordinance that is adopted under | 21 | | Section 11-21.5-5 of the Illinois Municipal Code. | 22 | | (j) Information and data concerning the distribution | 23 | | of surcharge moneys collected and remitted by carriers | 24 | | under the Emergency Telephone System Act. | 25 | | (k) Law enforcement officer identification information | 26 | | or driver identification information compiled by a law |
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| 1 | | enforcement agency or the Department of Transportation | 2 | | under Section 11-212 of the Illinois Vehicle Code. | 3 | | (l) Records and information provided to a residential | 4 | | health care facility resident sexual assault and death | 5 | | review team or the Executive Council under the Abuse | 6 | | Prevention Review Team Act. | 7 | | (m) Information provided to the predatory lending | 8 | | database created pursuant to Article 3 of the Residential | 9 | | Real Property Disclosure Act, except to the extent | 10 | | authorized under that Article. | 11 | | (n) Defense budgets and petitions for certification of | 12 | | compensation and expenses for court appointed trial | 13 | | counsel as provided under Sections 10 and 15 of the Capital | 14 | | Crimes Litigation Act. This subsection (n) shall apply | 15 | | until the conclusion of the trial of the case, even if the | 16 | | prosecution chooses not to pursue the death penalty prior | 17 | | to trial or sentencing. | 18 | | (o) Information that is prohibited from being | 19 | | disclosed under Section 4 of the Illinois Health and | 20 | | Hazardous Substances Registry Act. | 21 | | (p) Security portions of system safety program plans, | 22 | | investigation reports, surveys, schedules, lists, data, or | 23 | | information compiled, collected, or prepared by or for the | 24 | | Regional Transportation Authority under Section 2.11 of | 25 | | the Regional Transportation Authority Act or the St. Clair | 26 | | County Transit District under the Bi-State Transit Safety |
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| 1 | | Act. | 2 | | (q) Information prohibited from being disclosed by the | 3 | | Personnel Records Review Act. | 4 | | (r) Information prohibited from being disclosed by the | 5 | | Illinois School Student Records Act. | 6 | | (s) Information the disclosure of which is restricted | 7 | | under Section 5-108 of the Public Utilities Act.
| 8 | | (t) All identified or deidentified health information | 9 | | in the form of health data or medical records contained in, | 10 | | stored in, submitted to, transferred by, or released from | 11 | | the Illinois Health Information Exchange, and identified | 12 | | or deidentified health information in the form of health | 13 | | data and medical records of the Illinois Health Information | 14 | | Exchange in the possession of the Illinois Health | 15 | | Information Exchange Authority due to its administration | 16 | | of the Illinois Health Information Exchange. The terms | 17 | | "identified" and "deidentified" shall be given the same | 18 | | meaning as in the Health Insurance Portability and | 19 | | Accountability Act of 1996, Public Law 104-191, or any | 20 | | subsequent amendments thereto, and any regulations | 21 | | promulgated thereunder. | 22 | | (u) Records and information provided to an independent | 23 | | team of experts under Brian's Law. | 24 | | (v) Names and information of people who have applied | 25 | | for or received Firearm Owner's Identification Cards under | 26 | | the Firearm Owners Identification Card Act or applied for |
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| 1 | | or received a concealed carry license under the Firearm | 2 | | Concealed Carry Act, unless otherwise authorized by the | 3 | | Firearm Concealed Carry Act; and databases under the | 4 | | Firearm Concealed Carry Act, records of the Concealed Carry | 5 | | Licensing Review Board under the Firearm Concealed Carry | 6 | | Act, and law enforcement agency objections under the | 7 | | Firearm Concealed Carry Act. | 8 | | (w) Personally identifiable information which is | 9 | | exempted from disclosure under subsection (g) of Section | 10 | | 19.1 of the Toll Highway Act. | 11 | | (x) Information which is exempted from disclosure | 12 | | under Section 5-1014.3 of the Counties Code or Section | 13 | | 8-11-21 of the Illinois Municipal Code. | 14 | | (y) Confidential information under the Adult | 15 | | Protective Services Act and its predecessor enabling | 16 | | statute, the Elder Abuse and Neglect Act, including | 17 | | information about the identity and administrative finding | 18 | | against any caregiver of a verified and substantiated | 19 | | decision of abuse, neglect, or financial exploitation of an | 20 | | eligible adult maintained in the Registry established | 21 | | under Section 7.5 of the Adult Protective Services Act. | 22 | | (z) Records and information provided to a fatality | 23 | | review team or the Illinois Fatality Review Team Advisory | 24 | | Council under Section 15 of the Adult Protective Services | 25 | | Act. | 26 | | (aa) Information which is exempted from disclosure |
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| 1 | | under Section 2.37 of the Wildlife Code. | 2 | | (bb) Information which is or was prohibited from | 3 | | disclosure by the Juvenile Court Act of 1987. | 4 | | (cc) Recordings made under the Law Enforcement | 5 | | Officer-Worn Body Camera Act, except to the extent | 6 | | authorized under that Act. | 7 | | (dd) Information that is prohibited from being | 8 | | disclosed under Section 45 of the Condominium and Common | 9 | | Interest Community Ombudsperson Act. | 10 | | (ee) Information that is exempted from disclosure | 11 | | under Section 30.1 of the Pharmacy Practice Act. | 12 | | (ff) Information that is exempted from disclosure | 13 | | under the Revised Uniform Unclaimed Property Act. | 14 | | (gg) (ff) Information that is prohibited from being | 15 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 16 | | Code. | 17 | | (hh) (ff) Records that are exempt from disclosure under | 18 | | Section 1A-16.7 of the Election Code. | 19 | | (ii) (ff) Information which is exempted from | 20 | | disclosure under Section 2505-800 of the Department of | 21 | | Revenue Law of the Civil Administrative Code of Illinois. | 22 | | (jj) (ff) Information and reports that are required to | 23 | | be submitted to the Department of Labor by registering day | 24 | | and temporary labor service agencies but are exempt from | 25 | | disclosure under subsection (a-1) of Section 45 of the Day | 26 | | and Temporary Labor Services Act. |
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| 1 | | (ll) Information that is exempt from disclosure under | 2 | | Section 70 of the Higher Education Student Assistance Act. | 3 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 4 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 5 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 6 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 7 | | 8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised | 8 | | 11-2-17.) | 9 | | (Text of Section after amendment by P.A. 100-512 ) | 10 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 11 | | by the statutes referenced below, the following shall be exempt | 12 | | from inspection and copying: | 13 | | (a) All information determined to be confidential | 14 | | under Section 4002 of the Technology Advancement and | 15 | | Development Act. | 16 | | (b) Library circulation and order records identifying | 17 | | library users with specific materials under the Library | 18 | | Records Confidentiality Act. | 19 | | (c) Applications, related documents, and medical | 20 | | records received by the Experimental Organ Transplantation | 21 | | Procedures Board and any and all documents or other records | 22 | | prepared by the Experimental Organ Transplantation | 23 | | Procedures Board or its staff relating to applications it | 24 | | has received. | 25 | | (d) Information and records held by the Department of |
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| 1 | | Public Health and its authorized representatives relating | 2 | | to known or suspected cases of sexually transmissible | 3 | | disease or any information the disclosure of which is | 4 | | restricted under the Illinois Sexually Transmissible | 5 | | Disease Control Act. | 6 | | (e) Information the disclosure of which is exempted | 7 | | under Section 30 of the Radon Industry Licensing Act. | 8 | | (f) Firm performance evaluations under Section 55 of | 9 | | the Architectural, Engineering, and Land Surveying | 10 | | Qualifications Based Selection Act. | 11 | | (g) Information the disclosure of which is restricted | 12 | | and exempted under Section 50 of the Illinois Prepaid | 13 | | Tuition Act. | 14 | | (h) Information the disclosure of which is exempted | 15 | | under the State Officials and Employees Ethics Act, and | 16 | | records of any lawfully created State or local inspector | 17 | | general's office that would be exempt if created or | 18 | | obtained by an Executive Inspector General's office under | 19 | | that Act. | 20 | | (i) Information contained in a local emergency energy | 21 | | plan submitted to a municipality in accordance with a local | 22 | | emergency energy plan ordinance that is adopted under | 23 | | Section 11-21.5-5 of the Illinois Municipal Code. | 24 | | (j) Information and data concerning the distribution | 25 | | of surcharge moneys collected and remitted by carriers | 26 | | under the Emergency Telephone System Act. |
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| 1 | | (k) Law enforcement officer identification information | 2 | | or driver identification information compiled by a law | 3 | | enforcement agency or the Department of Transportation | 4 | | under Section 11-212 of the Illinois Vehicle Code. | 5 | | (l) Records and information provided to a residential | 6 | | health care facility resident sexual assault and death | 7 | | review team or the Executive Council under the Abuse | 8 | | Prevention Review Team Act. | 9 | | (m) Information provided to the predatory lending | 10 | | database created pursuant to Article 3 of the Residential | 11 | | Real Property Disclosure Act, except to the extent | 12 | | authorized under that Article. | 13 | | (n) Defense budgets and petitions for certification of | 14 | | compensation and expenses for court appointed trial | 15 | | counsel as provided under Sections 10 and 15 of the Capital | 16 | | Crimes Litigation Act. This subsection (n) shall apply | 17 | | until the conclusion of the trial of the case, even if the | 18 | | prosecution chooses not to pursue the death penalty prior | 19 | | to trial or sentencing. | 20 | | (o) Information that is prohibited from being | 21 | | disclosed under Section 4 of the Illinois Health and | 22 | | Hazardous Substances Registry Act. | 23 | | (p) Security portions of system safety program plans, | 24 | | investigation reports, surveys, schedules, lists, data, or | 25 | | information compiled, collected, or prepared by or for the | 26 | | Regional Transportation Authority under Section 2.11 of |
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| 1 | | the Regional Transportation Authority Act or the St. Clair | 2 | | County Transit District under the Bi-State Transit Safety | 3 | | 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 | 9 | | under Section 5-108 of the Public Utilities Act.
| 10 | | (t) All identified or deidentified health information | 11 | | in the form of health data or medical records contained in, | 12 | | stored in, submitted to, transferred by, or released from | 13 | | the Illinois Health Information Exchange, and identified | 14 | | or deidentified health information in the form of health | 15 | | data and medical records of the Illinois Health Information | 16 | | Exchange in the possession of the Illinois Health | 17 | | Information Exchange Authority due to its administration | 18 | | of the Illinois Health Information Exchange. The terms | 19 | | "identified" and "deidentified" shall be given the same | 20 | | meaning as in the Health Insurance Portability and | 21 | | Accountability Act of 1996, Public Law 104-191, or any | 22 | | subsequent amendments thereto, and any regulations | 23 | | promulgated thereunder. | 24 | | (u) Records and information provided to an independent | 25 | | team of experts under 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) (ff) Information that is prohibited from being | 17 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 18 | | Code. | 19 | | (hh) (ff) Records that are exempt from disclosure under | 20 | | Section 1A-16.7 of the Election Code. | 21 | | (ii) (ff) Information which is exempted from | 22 | | disclosure under Section 2505-800 of the Department of | 23 | | Revenue Law of the Civil Administrative Code of Illinois. | 24 | | (jj) (ff) Information and reports that are required to | 25 | | be submitted to the Department of Labor by registering day | 26 | | and 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) (ff) Information prohibited from disclosure under | 4 | | the Seizure and Forfeiture Reporting Act. | 5 | | (ll) Information that is exempt from disclosure under | 6 | | Section 70 of the Higher Education Student Assistance Act. | 7 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 8 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 9 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 10 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 11 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 12 | | eff. 6-1-18; revised 11-2-17.) | 13 | | Section 10. The Higher Education Student Assistance Act is | 14 | | amended by changing Section 70 as follows:
| 15 | | (110 ILCS 947/70)
| 16 | | Sec. 70. Administration of scholarship and grant programs.
| 17 | | (a) An applicant to whom the Commission has awarded a | 18 | | scholarship or
grant under this Act may apply for enrollment as | 19 | | a student in any
qualified institution of higher learning. The | 20 | | institution is not required to
accept the applicant for | 21 | | enrollment, but is free to exact compliance with its
own | 22 | | admissions requirements, standards, and policies. The | 23 | | institution may
receive the payments of tuition and other | 24 | | necessary fees provided by the
scholarship or grant, for credit |
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| 1 | | against the student's obligation for such
tuition and fees, and | 2 | | for no other purpose, and shall be contractually
obligated:
| 3 | | (1) to provide facilities and instruction to the | 4 | | student on the
same terms as to other students generally;
| 5 | | (2) to provide the notices and information described in | 6 | | this Act; and
to maintain records and documents which | 7 | | demonstrate the eligibility of the
students for whom | 8 | | scholarships and grants are claimed.
| 9 | | (b) If, in the course of any academic period, any student | 10 | | enrolled in
any institution pursuant to a scholarship or grant | 11 | | awarded under this Act
for any reason ceases to be a student in | 12 | | good standing, the institution shall
promptly give written | 13 | | notice to the Commission concerning that change of status
and | 14 | | the reason therefor. For purposes of this Section, a student | 15 | | does not cease
to be a student in good standing merely because | 16 | | he or she is not classified as
a full-time student.
| 17 | | (c) A student to whom a renewal scholarship or grant has | 18 | | been awarded
may either re-enroll in the institution which he | 19 | | or she attended during the
preceding year, or enroll in any | 20 | | other qualified institution of higher
learning; and in either | 21 | | event, the institution accepting the student for
enrollment or | 22 | | re-enrollment shall notify the Commission of
that acceptance | 23 | | and may receive payments and shall be contractually
obligated | 24 | | as provided with respect to a first-year scholarship or grant.
| 25 | | (d) The Commission shall administer the scholarship and | 26 | | grant accounts
and related records of each student who is |
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| 1 | | attending an institution of
higher learning under financial | 2 | | assistance awarded pursuant to this Act,
and at each proper | 3 | | time shall certify to the State Comptroller, in the manner
| 4 | | prescribed by law, the current payment to be made to the | 5 | | institution on account
of such financial assistance, in | 6 | | accordance with an appropriate certificate
from the | 7 | | institution. The Commission may require the participating | 8 | | institution
of higher learning to perform specific eligibility | 9 | | evaluation procedures as a
condition of participation.
| 10 | | (e) The Commission shall conduct on-site audits of | 11 | | educational
institutions participating in Commission | 12 | | administered programs. When
institutions have claimed and | 13 | | received funds on behalf of ineligible
recipients, the | 14 | | Commission may adjust subsequent institutional payments to
| 15 | | recover those funds.
| 16 | | (f) The Commission may, upon the request of any institution
| 17 | | which
received payment for scholarship and grant awards for | 18 | | each of the last 5
years, certify to the Comptroller an advance | 19 | | payment for the current term
to be made to the institution on | 20 | | account of such financial assistance in an
amount not to exceed | 21 | | 75% of announced awards for the institution for such
financial | 22 | | assistance for the current term, adjusted for attrition over | 23 | | the
last 5 years. For the purposes of this Section, "attrition" | 24 | | is the number
of announced award winners enrolled on the 10th | 25 | | class day as a percentage
of the total announced awards. The | 26 | | request for an advance payment for the
current term shall not |
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| 1 | | be submitted until 10 class days after the last day
for | 2 | | registration for that term. Upon appropriate certification | 3 | | from the
institution presented for each payment period, after | 4 | | the standard tuition
and mandatory fees have been established | 5 | | for all students for the term of
payment and the award | 6 | | recipient has enrolled, the Commission shall certify
to the | 7 | | State Comptroller the balance of the current payment to be made | 8 | | to
the institution on account of such financial assistance. If | 9 | | an advance
payment received by an institution exceeds the | 10 | | payment to which that
institution is entitled, the Commission | 11 | | shall reduce subsequent payments
to that institution for later | 12 | | terms within the same academic year as the
overpayment by an | 13 | | amount equal to the overpayment; if the reduction cannot
be | 14 | | made, the institution shall refund the overpayment to the | 15 | | Commission.
The Commission may deny or reduce the advance | 16 | | payment provided to any
institution under this Section if it | 17 | | has reason to believe that the advance
payment for the current | 18 | | term may exceed the full payment the institution is
entitled to | 19 | | receive for such assistance for that term.
| 20 | | (g) The personal identity and address of a scholarship, | 21 | | grant, or other financial assistance applicant or recipient | 22 | | under a non-discretionary program administered by the | 23 | | Commission, including, but not limited to, the Monetary Award | 24 | | Program under Section 35 of this Act, where eligibility data is | 25 | | obtained from the Free Application for Federal Student Aid | 26 | | authorized by 20 U.S.C. 1090 or is protected from disclosure |
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| 1 | | under federal or State law or under rules and regulations | 2 | | implementing federal or State law, is information that is | 3 | | intended to remain private and shall be exempt from inspection | 4 | | and copying under the Freedom of Information Act. | 5 | | (Source: P.A. 92-713, eff. 7-23-02.)
| 6 | | Section 95. No acceleration or delay. Where this Act makes | 7 | | changes in a statute that is represented in this Act by text | 8 | | that is not yet or no longer in effect (for example, a Section | 9 | | represented by multiple versions), the use of that text does | 10 | | not accelerate or delay the taking effect of (i) the changes | 11 | | made by this Act or (ii) provisions derived from any other | 12 | | Public Act.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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