Bill Amendment: IL SB3138 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: HIGHER ED-IDENTITY-PRIVATE
Status: 2018-08-14 - Public Act . . . . . . . . . 100-0887 [SB3138 Detail]
Download: Illinois-2017-SB3138-Senate_Amendment_001.html
Bill Title: HIGHER ED-IDENTITY-PRIVATE
Status: 2018-08-14 - Public Act . . . . . . . . . 100-0887 [SB3138 Detail]
Download: Illinois-2017-SB3138-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3138
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2 | AMENDMENT NO. ______. Amend Senate Bill 3138 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows:
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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 |
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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 records | ||||||
5 | 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 local | ||||||
4 | emergency energy plan ordinance that is adopted under | ||||||
5 | 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 Capital | ||||||
24 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
25 | until the conclusion of the trial of the case, even if the | ||||||
26 | prosecution chooses not to pursue the death penalty prior |
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1 | 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 | Regional Transportation Authority under Section 2.11 of | ||||||
9 | the Regional Transportation Authority Act or the St. Clair | ||||||
10 | County Transit District under the Bi-State Transit Safety | ||||||
11 | Act. | ||||||
12 | (q) Information prohibited from being disclosed by the | ||||||
13 | Personnel Records Review Act. | ||||||
14 | (r) Information prohibited from being disclosed by the | ||||||
15 | Illinois School Student Records Act. | ||||||
16 | (s) Information the disclosure of which is restricted | ||||||
17 | under Section 5-108 of the Public Utilities Act.
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18 | (t) All identified or deidentified health information | ||||||
19 | in the form of health data or medical records contained in, | ||||||
20 | stored in, submitted to, transferred by, or released from | ||||||
21 | the Illinois Health Information Exchange, and identified | ||||||
22 | or deidentified health information in the form of health | ||||||
23 | data and medical records of the Illinois Health Information | ||||||
24 | Exchange in the possession of the Illinois Health | ||||||
25 | Information Exchange Authority due to its administration | ||||||
26 | of the Illinois Health Information Exchange. The terms |
| |||||||
| |||||||
1 | "identified" and "deidentified" shall be given the same | ||||||
2 | meaning as in the Health Insurance Portability and | ||||||
3 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
4 | subsequent amendments thereto, and any regulations | ||||||
5 | promulgated thereunder. | ||||||
6 | (u) Records and information provided to an independent | ||||||
7 | team of experts under Brian's Law. | ||||||
8 | (v) Names and information of people who have applied | ||||||
9 | for or received Firearm Owner's Identification Cards under | ||||||
10 | the Firearm Owners Identification Card Act or applied for | ||||||
11 | or received a concealed carry license under the Firearm | ||||||
12 | Concealed Carry Act, unless otherwise authorized by the | ||||||
13 | Firearm Concealed Carry Act; and databases under the | ||||||
14 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
15 | Licensing Review Board under the Firearm Concealed Carry | ||||||
16 | Act, and law enforcement agency objections under the | ||||||
17 | Firearm Concealed Carry Act. | ||||||
18 | (w) Personally identifiable information which is | ||||||
19 | exempted from disclosure under subsection (g) of Section | ||||||
20 | 19.1 of the Toll Highway Act. | ||||||
21 | (x) Information which is exempted from disclosure | ||||||
22 | under Section 5-1014.3 of the Counties Code or Section | ||||||
23 | 8-11-21 of the Illinois Municipal Code. | ||||||
24 | (y) Confidential information under the Adult | ||||||
25 | Protective Services Act and its predecessor enabling | ||||||
26 | statute, the Elder Abuse and Neglect Act, including |
| |||||||
| |||||||
1 | information about the identity and administrative finding | ||||||
2 | against any caregiver of a verified and substantiated | ||||||
3 | decision of abuse, neglect, or financial exploitation of an | ||||||
4 | eligible adult maintained in the Registry established | ||||||
5 | under Section 7.5 of the Adult Protective Services Act. | ||||||
6 | (z) Records and information provided to a fatality | ||||||
7 | review team or the Illinois Fatality Review Team Advisory | ||||||
8 | Council under Section 15 of the Adult Protective Services | ||||||
9 | Act. | ||||||
10 | (aa) Information which is exempted from disclosure | ||||||
11 | under Section 2.37 of the Wildlife Code. | ||||||
12 | (bb) Information which is or was prohibited from | ||||||
13 | disclosure by the Juvenile Court Act of 1987. | ||||||
14 | (cc) Recordings made under the Law Enforcement | ||||||
15 | Officer-Worn Body Camera Act, except to the extent | ||||||
16 | authorized under that Act. | ||||||
17 | (dd) Information that is prohibited from being | ||||||
18 | disclosed under Section 45 of the Condominium and Common | ||||||
19 | Interest Community Ombudsperson Act. | ||||||
20 | (ee) Information that is exempted from disclosure | ||||||
21 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
22 | (ff) Information that is exempted from disclosure | ||||||
23 | under the Revised Uniform Unclaimed Property Act. | ||||||
24 | (gg) (ff) Information that is prohibited from being | ||||||
25 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
26 | Code. |
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1 | (hh) (ff) Records that are exempt from disclosure under | ||||||
2 | Section 1A-16.7 of the Election Code. | ||||||
3 | (ii) (ff) Information which is exempted from | ||||||
4 | disclosure under Section 2505-800 of the Department of | ||||||
5 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
6 | (ll) Information that is exempt from disclosure under | ||||||
7 | Section 70 of the Higher Education Student Assistance Act. | ||||||
8 | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||||||
9 | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||||||
10 | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
11 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
12 | 8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)
| ||||||
13 | (Text of Section after amendment by P.A. 100-517 but before | ||||||
14 | amendment by P.A. 100-512 ) | ||||||
15 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
16 | by the statutes referenced below, the following shall be exempt | ||||||
17 | from inspection and copying: | ||||||
18 | (a) All information determined to be confidential | ||||||
19 | under Section 4002 of the Technology Advancement and | ||||||
20 | Development Act. | ||||||
21 | (b) Library circulation and order records identifying | ||||||
22 | library users with specific materials under the Library | ||||||
23 | Records Confidentiality Act. | ||||||
24 | (c) Applications, related documents, and medical | ||||||
25 | records received by the Experimental Organ Transplantation |
| |||||||
| |||||||
1 | Procedures Board and any and all documents or other records | ||||||
2 | prepared by the Experimental Organ Transplantation | ||||||
3 | Procedures Board or its staff relating to applications it | ||||||
4 | has received. | ||||||
5 | (d) Information and records held by the Department of | ||||||
6 | Public Health and its authorized representatives relating | ||||||
7 | to known or suspected cases of sexually transmissible | ||||||
8 | disease or any information the disclosure of which is | ||||||
9 | restricted under the Illinois Sexually Transmissible | ||||||
10 | Disease Control Act. | ||||||
11 | (e) Information the disclosure of which is exempted | ||||||
12 | under Section 30 of the Radon Industry Licensing Act. | ||||||
13 | (f) Firm performance evaluations under Section 55 of | ||||||
14 | the Architectural, Engineering, and Land Surveying | ||||||
15 | Qualifications Based Selection Act. | ||||||
16 | (g) Information the disclosure of which is restricted | ||||||
17 | and exempted under Section 50 of the Illinois Prepaid | ||||||
18 | Tuition Act. | ||||||
19 | (h) Information the disclosure of which is exempted | ||||||
20 | under the State Officials and Employees Ethics Act, and | ||||||
21 | records of any lawfully created State or local inspector | ||||||
22 | general's office that would be exempt if created or | ||||||
23 | obtained by an Executive Inspector General's office under | ||||||
24 | that Act. | ||||||
25 | (i) Information contained in a local emergency energy | ||||||
26 | plan submitted to a municipality in accordance with a local |
| |||||||
| |||||||
1 | emergency energy plan ordinance that is adopted under | ||||||
2 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
3 | (j) Information and data concerning the distribution | ||||||
4 | of surcharge moneys collected and remitted by carriers | ||||||
5 | under the Emergency Telephone System Act. | ||||||
6 | (k) Law enforcement officer identification information | ||||||
7 | or driver identification information compiled by a law | ||||||
8 | enforcement agency or the Department of Transportation | ||||||
9 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
10 | (l) Records and information provided to a residential | ||||||
11 | health care facility resident sexual assault and death | ||||||
12 | review team or the Executive Council under the Abuse | ||||||
13 | Prevention Review Team Act. | ||||||
14 | (m) Information provided to the predatory lending | ||||||
15 | database created pursuant to Article 3 of the Residential | ||||||
16 | Real Property Disclosure Act, except to the extent | ||||||
17 | authorized under that Article. | ||||||
18 | (n) Defense budgets and petitions for certification of | ||||||
19 | compensation and expenses for court appointed trial | ||||||
20 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
21 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
22 | until the conclusion of the trial of the case, even if the | ||||||
23 | prosecution chooses not to pursue the death penalty prior | ||||||
24 | to trial or sentencing. | ||||||
25 | (o) Information that is prohibited from being | ||||||
26 | disclosed under Section 4 of the Illinois Health and |
| |||||||
| |||||||
1 | Hazardous Substances Registry Act. | ||||||
2 | (p) Security portions of system safety program plans, | ||||||
3 | investigation reports, surveys, schedules, lists, data, or | ||||||
4 | information compiled, collected, or prepared by or for the | ||||||
5 | Regional Transportation Authority under Section 2.11 of | ||||||
6 | the Regional Transportation Authority Act or the St. Clair | ||||||
7 | County Transit District under the Bi-State Transit Safety | ||||||
8 | Act. | ||||||
9 | (q) Information prohibited from being disclosed by the | ||||||
10 | Personnel Records Review Act. | ||||||
11 | (r) Information prohibited from being disclosed by the | ||||||
12 | Illinois School Student Records Act. | ||||||
13 | (s) Information the disclosure of which is restricted | ||||||
14 | under Section 5-108 of the Public Utilities Act.
| ||||||
15 | (t) All identified or deidentified health information | ||||||
16 | in the form of health data or medical records contained in, | ||||||
17 | stored in, submitted to, transferred by, or released from | ||||||
18 | the Illinois Health Information Exchange, and identified | ||||||
19 | or deidentified health information in the form of health | ||||||
20 | data and medical records of the Illinois Health Information | ||||||
21 | Exchange in the possession of the Illinois Health | ||||||
22 | Information Exchange Authority due to its administration | ||||||
23 | of the Illinois Health Information Exchange. The terms | ||||||
24 | "identified" and "deidentified" shall be given the same | ||||||
25 | meaning as in the Health Insurance Portability and | ||||||
26 | Accountability Act of 1996, Public Law 104-191, or any |
| |||||||
| |||||||
1 | subsequent amendments thereto, and any regulations | ||||||
2 | promulgated thereunder. | ||||||
3 | (u) Records and information provided to an independent | ||||||
4 | team of experts under Brian's Law. | ||||||
5 | (v) Names and information of people who have applied | ||||||
6 | for or received Firearm Owner's Identification Cards under | ||||||
7 | the Firearm Owners Identification Card Act or applied for | ||||||
8 | or received a concealed carry license under the Firearm | ||||||
9 | Concealed Carry Act, unless otherwise authorized by the | ||||||
10 | Firearm Concealed Carry Act; and databases under the | ||||||
11 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
12 | Licensing Review Board under the Firearm Concealed Carry | ||||||
13 | Act, and law enforcement agency objections under the | ||||||
14 | Firearm Concealed Carry Act. | ||||||
15 | (w) Personally identifiable information which is | ||||||
16 | exempted from disclosure under subsection (g) of Section | ||||||
17 | 19.1 of the Toll Highway Act. | ||||||
18 | (x) Information which is exempted from disclosure | ||||||
19 | under Section 5-1014.3 of the Counties Code or Section | ||||||
20 | 8-11-21 of the Illinois Municipal Code. | ||||||
21 | (y) Confidential information under the Adult | ||||||
22 | Protective Services Act and its predecessor enabling | ||||||
23 | statute, the Elder Abuse and Neglect Act, including | ||||||
24 | information about the identity and administrative finding | ||||||
25 | against any caregiver of a verified and substantiated | ||||||
26 | decision of abuse, neglect, or financial exploitation of an |
| |||||||
| |||||||
1 | eligible adult maintained in the Registry established | ||||||
2 | under Section 7.5 of the Adult Protective Services Act. | ||||||
3 | (z) Records and information provided to a fatality | ||||||
4 | review team or the Illinois Fatality Review Team Advisory | ||||||
5 | Council under Section 15 of the Adult Protective Services | ||||||
6 | Act. | ||||||
7 | (aa) Information which is exempted from disclosure | ||||||
8 | under Section 2.37 of the Wildlife Code. | ||||||
9 | (bb) Information which is or was prohibited from | ||||||
10 | disclosure by the Juvenile Court Act of 1987. | ||||||
11 | (cc) Recordings made under the Law Enforcement | ||||||
12 | Officer-Worn Body Camera Act, except to the extent | ||||||
13 | authorized under that Act. | ||||||
14 | (dd) Information that is prohibited from being | ||||||
15 | disclosed under Section 45 of the Condominium and Common | ||||||
16 | Interest Community Ombudsperson Act. | ||||||
17 | (ee) Information that is exempted from disclosure | ||||||
18 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
19 | (ff) Information that is exempted from disclosure | ||||||
20 | under the Revised Uniform Unclaimed Property Act. | ||||||
21 | (gg) (ff) Information that is prohibited from being | ||||||
22 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
23 | Code. | ||||||
24 | (hh) (ff) Records that are exempt from disclosure under | ||||||
25 | Section 1A-16.7 of the Election Code. | ||||||
26 | (ii) (ff) Information which is exempted from |
| |||||||
| |||||||
1 | disclosure under Section 2505-800 of the Department of | ||||||
2 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
3 | (jj) (ff) Information and reports that are required to | ||||||
4 | be submitted to the Department of Labor by registering day | ||||||
5 | and temporary labor service agencies but are exempt from | ||||||
6 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
7 | and Temporary Labor Services Act. | ||||||
8 | (ll) Information that is exempt from disclosure under | ||||||
9 | Section 70 of the Higher Education Student Assistance Act. | ||||||
10 | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||||||
11 | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||||||
12 | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
13 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
14 | 8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised | ||||||
15 | 11-2-17.)
| ||||||
16 | (Text of Section after amendment by P.A. 100-512 ) | ||||||
17 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
18 | by the statutes referenced below, the following shall be exempt | ||||||
19 | from inspection and copying: | ||||||
20 | (a) All information determined to be confidential | ||||||
21 | under Section 4002 of the Technology Advancement and | ||||||
22 | Development Act. | ||||||
23 | (b) Library circulation and order records identifying | ||||||
24 | library users with specific materials under the Library | ||||||
25 | Records Confidentiality Act. |
| |||||||
| |||||||
1 | (c) Applications, related documents, and medical | ||||||
2 | records received by the Experimental Organ Transplantation | ||||||
3 | Procedures Board and any and all documents or other records | ||||||
4 | prepared by the Experimental Organ Transplantation | ||||||
5 | Procedures Board or its staff relating to applications it | ||||||
6 | has received. | ||||||
7 | (d) Information and records held by the Department of | ||||||
8 | Public Health and its authorized representatives relating | ||||||
9 | to known or suspected cases of sexually transmissible | ||||||
10 | disease or any information the disclosure of which is | ||||||
11 | restricted under the Illinois Sexually Transmissible | ||||||
12 | Disease Control Act. | ||||||
13 | (e) Information the disclosure of which is exempted | ||||||
14 | under Section 30 of the Radon Industry Licensing Act. | ||||||
15 | (f) Firm performance evaluations under Section 55 of | ||||||
16 | the Architectural, Engineering, and Land Surveying | ||||||
17 | Qualifications Based Selection Act. | ||||||
18 | (g) Information the disclosure of which is restricted | ||||||
19 | and exempted under Section 50 of the Illinois Prepaid | ||||||
20 | Tuition Act. | ||||||
21 | (h) Information the disclosure of which is exempted | ||||||
22 | under the State Officials and Employees Ethics Act, and | ||||||
23 | records of any lawfully created State or local inspector | ||||||
24 | general's office that would be exempt if created or | ||||||
25 | obtained by an Executive Inspector General's office under | ||||||
26 | that Act. |
| |||||||
| |||||||
1 | (i) Information contained in a local emergency energy | ||||||
2 | plan submitted to a municipality in accordance with a local | ||||||
3 | emergency energy plan ordinance that is adopted under | ||||||
4 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
5 | (j) Information and data concerning the distribution | ||||||
6 | of surcharge moneys collected and remitted by carriers | ||||||
7 | under the Emergency Telephone System 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. |
| |||||||
| |||||||
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 | Regional Transportation Authority under Section 2.11 of | ||||||
8 | the Regional Transportation Authority Act or the St. Clair | ||||||
9 | County Transit District under the Bi-State Transit Safety | ||||||
10 | Act. | ||||||
11 | (q) Information prohibited from being disclosed by the | ||||||
12 | Personnel Records Review Act. | ||||||
13 | (r) Information prohibited from being disclosed by the | ||||||
14 | Illinois School Student Records Act. | ||||||
15 | (s) Information the disclosure of which is restricted | ||||||
16 | under Section 5-108 of the Public Utilities Act.
| ||||||
17 | (t) All identified or deidentified health information | ||||||
18 | in the form of health data or medical records contained in, | ||||||
19 | stored in, submitted to, transferred by, or released from | ||||||
20 | the Illinois Health Information Exchange, and identified | ||||||
21 | or deidentified health information in the form of health | ||||||
22 | data and medical records of the Illinois Health Information | ||||||
23 | Exchange in the possession of the Illinois Health | ||||||
24 | Information Exchange Authority due to its administration | ||||||
25 | of the Illinois Health Information Exchange. The terms | ||||||
26 | "identified" and "deidentified" shall be given the same |
| |||||||
| |||||||
1 | meaning as in the Health Insurance Portability and | ||||||
2 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
3 | subsequent amendments thereto, and any regulations | ||||||
4 | promulgated thereunder. | ||||||
5 | (u) Records and information provided to an independent | ||||||
6 | team of experts under Brian's Law. | ||||||
7 | (v) Names and information of people who have applied | ||||||
8 | for or received Firearm Owner's Identification Cards under | ||||||
9 | the Firearm Owners Identification Card Act or applied for | ||||||
10 | or received a concealed carry license under the Firearm | ||||||
11 | Concealed Carry Act, unless otherwise authorized by the | ||||||
12 | Firearm Concealed Carry Act; and databases under the | ||||||
13 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
14 | Licensing Review Board under the Firearm Concealed Carry | ||||||
15 | Act, and law enforcement agency objections under the | ||||||
16 | Firearm Concealed Carry Act. | ||||||
17 | (w) Personally identifiable information which is | ||||||
18 | exempted from disclosure under subsection (g) of Section | ||||||
19 | 19.1 of the Toll Highway Act. | ||||||
20 | (x) Information which is exempted from disclosure | ||||||
21 | under Section 5-1014.3 of the Counties Code or Section | ||||||
22 | 8-11-21 of the Illinois Municipal Code. | ||||||
23 | (y) Confidential information under the Adult | ||||||
24 | Protective Services Act and its predecessor enabling | ||||||
25 | statute, the Elder Abuse and Neglect Act, including | ||||||
26 | information about the identity and administrative finding |
| |||||||
| |||||||
1 | against any caregiver of a verified and substantiated | ||||||
2 | decision of abuse, neglect, or financial exploitation of an | ||||||
3 | eligible adult maintained in the Registry established | ||||||
4 | under Section 7.5 of the Adult Protective Services Act. | ||||||
5 | (z) Records and information provided to a fatality | ||||||
6 | review team or the Illinois Fatality Review Team Advisory | ||||||
7 | Council under Section 15 of the Adult Protective Services | ||||||
8 | Act. | ||||||
9 | (aa) Information which is exempted from disclosure | ||||||
10 | under Section 2.37 of the Wildlife Code. | ||||||
11 | (bb) Information which is or was prohibited from | ||||||
12 | disclosure by the Juvenile Court Act of 1987. | ||||||
13 | (cc) Recordings made under the Law Enforcement | ||||||
14 | Officer-Worn Body Camera Act, except to the extent | ||||||
15 | authorized under that Act. | ||||||
16 | (dd) Information that is prohibited from being | ||||||
17 | disclosed under Section 45 of the Condominium and Common | ||||||
18 | Interest Community Ombudsperson Act. | ||||||
19 | (ee) Information that is exempted from disclosure | ||||||
20 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
21 | (ff) Information that is exempted from disclosure | ||||||
22 | under the Revised Uniform Unclaimed Property Act. | ||||||
23 | (gg) (ff) Information that is prohibited from being | ||||||
24 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
25 | Code. | ||||||
26 | (hh) (ff) Records that are exempt from disclosure under |
| |||||||
| |||||||
1 | Section 1A-16.7 of the Election Code. | ||||||
2 | (ii) (ff) Information which is exempted from | ||||||
3 | disclosure under Section 2505-800 of the Department of | ||||||
4 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
5 | (jj) (ff) Information and reports that are required to | ||||||
6 | be submitted to the Department of Labor by registering day | ||||||
7 | and temporary labor service agencies but are exempt from | ||||||
8 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
9 | and Temporary Labor Services Act. | ||||||
10 | (kk) (ff) Information prohibited from disclosure under | ||||||
11 | the Seizure and Forfeiture Reporting Act. | ||||||
12 | (ll) Information that is exempt from disclosure under | ||||||
13 | Section 70 of the Higher Education Student Assistance Act. | ||||||
14 | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||||||
15 | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||||||
16 | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
17 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
18 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
19 | eff. 6-1-18; revised 11-2-17.)
| ||||||
20 | Section 10. The Higher Education Student Assistance Act is | ||||||
21 | amended by changing Section 70 as follows:
| ||||||
22 | (110 ILCS 947/70)
| ||||||
23 | Sec. 70. Administration of scholarship and grant programs.
| ||||||
24 | (a) An applicant to whom the Commission has awarded a |
| |||||||
| |||||||
1 | scholarship or
grant under this Act may apply for enrollment as | ||||||
2 | a student in any
qualified institution of higher learning. The | ||||||
3 | institution is not required to
accept the applicant for | ||||||
4 | enrollment, but is free to exact compliance with its
own | ||||||
5 | admissions requirements, standards, and policies. The | ||||||
6 | institution may
receive the payments of tuition and other | ||||||
7 | necessary fees provided by the
scholarship or grant, for credit | ||||||
8 | against the student's obligation for such
tuition and fees, and | ||||||
9 | for no other purpose, and shall be contractually
obligated:
| ||||||
10 | (1) to provide facilities and instruction to the | ||||||
11 | student on the
same terms as to other students generally;
| ||||||
12 | (2) to provide the notices and information described in | ||||||
13 | this Act; and
to maintain records and documents which | ||||||
14 | demonstrate the eligibility of the
students for whom | ||||||
15 | scholarships and grants are claimed.
| ||||||
16 | (b) If, in the course of any academic period, any student | ||||||
17 | enrolled in
any institution pursuant to a scholarship or grant | ||||||
18 | awarded under this Act
for any reason ceases to be a student in | ||||||
19 | good standing, the institution shall
promptly give written | ||||||
20 | notice to the Commission concerning that change of status
and | ||||||
21 | the reason therefor. For purposes of this Section, a student | ||||||
22 | does not cease
to be a student in good standing merely because | ||||||
23 | he or she is not classified as
a full-time student.
| ||||||
24 | (c) A student to whom a renewal scholarship or grant has | ||||||
25 | been awarded
may either re-enroll in the institution which he | ||||||
26 | or she attended during the
preceding year, or enroll in any |
| |||||||
| |||||||
1 | other qualified institution of higher
learning; and in either | ||||||
2 | event, the institution accepting the student for
enrollment or | ||||||
3 | re-enrollment shall notify the Commission of
that acceptance | ||||||
4 | and may receive payments and shall be contractually
obligated | ||||||
5 | as provided with respect to a first-year scholarship or grant.
| ||||||
6 | (d) The Commission shall administer the scholarship and | ||||||
7 | grant accounts
and related records of each student who is | ||||||
8 | attending an institution of
higher learning under financial | ||||||
9 | assistance awarded pursuant to this Act,
and at each proper | ||||||
10 | time shall certify to the State Comptroller, in the manner
| ||||||
11 | prescribed by law, the current payment to be made to the | ||||||
12 | institution on account
of such financial assistance, in | ||||||
13 | accordance with an appropriate certificate
from the | ||||||
14 | institution. The Commission may require the participating | ||||||
15 | institution
of higher learning to perform specific eligibility | ||||||
16 | evaluation procedures as a
condition of participation.
| ||||||
17 | (e) The Commission shall conduct on-site audits of | ||||||
18 | educational
institutions participating in Commission | ||||||
19 | administered programs. When
institutions have claimed and | ||||||
20 | received funds on behalf of ineligible
recipients, the | ||||||
21 | Commission may adjust subsequent institutional payments to
| ||||||
22 | recover those funds.
| ||||||
23 | (f) The Commission may, upon the request of any institution
| ||||||
24 | which
received payment for scholarship and grant awards for | ||||||
25 | each of the last 5
years, certify to the Comptroller an advance | ||||||
26 | payment for the current term
to be made to the institution on |
| |||||||
| |||||||
1 | account of such financial assistance in an
amount not to exceed | ||||||
2 | 75% of announced awards for the institution for such
financial | ||||||
3 | assistance for the current term, adjusted for attrition over | ||||||
4 | the
last 5 years. For the purposes of this Section, "attrition" | ||||||
5 | is the number
of announced award winners enrolled on the 10th | ||||||
6 | class day as a percentage
of the total announced awards. The | ||||||
7 | request for an advance payment for the
current term shall not | ||||||
8 | be submitted until 10 class days after the last day
for | ||||||
9 | registration for that term. Upon appropriate certification | ||||||
10 | from the
institution presented for each payment period, after | ||||||
11 | the standard tuition
and mandatory fees have been established | ||||||
12 | for all students for the term of
payment and the award | ||||||
13 | recipient has enrolled, the Commission shall certify
to the | ||||||
14 | State Comptroller the balance of the current payment to be made | ||||||
15 | to
the institution on account of such financial assistance. If | ||||||
16 | an advance
payment received by an institution exceeds the | ||||||
17 | payment to which that
institution is entitled, the Commission | ||||||
18 | shall reduce subsequent payments
to that institution for later | ||||||
19 | terms within the same academic year as the
overpayment by an | ||||||
20 | amount equal to the overpayment; if the reduction cannot
be | ||||||
21 | made, the institution shall refund the overpayment to the | ||||||
22 | Commission.
The Commission may deny or reduce the advance | ||||||
23 | payment provided to any
institution under this Section if it | ||||||
24 | has reason to believe that the advance
payment for the current | ||||||
25 | term may exceed the full payment the institution is
entitled to | ||||||
26 | receive for such assistance for that term.
|
| |||||||
| |||||||
1 | (g) The identity and address of a scholarship, grant, or | ||||||
2 | other financial assistance applicant or recipient under a | ||||||
3 | program administered by the Commission is private information | ||||||
4 | and is exempt from inspection and copying under the Freedom of | ||||||
5 | Information Act. The exemption under this subsection (g) does | ||||||
6 | not apply to the identity of a student recognized through the | ||||||
7 | State Scholar program under Section 25 of this Act, Merit | ||||||
8 | Recognition Scholarship program under Section 31 of this Act, | ||||||
9 | Golden Apple Scholars of Illinois Program under Section 52 of | ||||||
10 | this Act, or any other program created on or after the | ||||||
11 | effective date of this amendatory Act of the 100th General | ||||||
12 | Assembly that is administered by the Commission with the | ||||||
13 | purpose of providing a recipient public recognition of | ||||||
14 | achievement. | ||||||
15 | (Source: P.A. 92-713, eff. 7-23-02.)
| ||||||
16 | Section 95. No acceleration or delay. Where this Act makes | ||||||
17 | changes in a statute that is represented in this Act by text | ||||||
18 | that is not yet or no longer in effect (for example, a Section | ||||||
19 | represented by multiple versions), the use of that text does | ||||||
20 | not accelerate or delay the taking effect of (i) the changes | ||||||
21 | made by this Act or (ii) provisions derived from any other | ||||||
22 | Public Act.
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
|