093_SB1543enr SB1543 Enrolled LRB093 10753 DRJ 11634 b 1 AN ACT in relation to health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Abuse Prevention Review Team Act. 6 Section 5. State policy. The following statements are 7 the policy of this State: 8 (1) Every nursing home resident is entitled to live 9 in safety and decency and to receive competent and 10 respectful care that meets the requirements of State and 11 federal law. 12 (2) Responding to sexual assaults on nursing home 13 residents and to unnecessary nursing home resident deaths 14 is a State and a community responsibility. 15 (3) When a nursing home resident is sexually 16 assaulted or dies unnecessarily, the response by the 17 State and the community to the assault or death must 18 include an accurate and complete determination of the 19 cause of the assault or death and the development and 20 implementation of measures to prevent future assaults or 21 deaths from similar causes. The response may include 22 court action, including prosecution of persons who may be 23 responsible for the assault or death and proceedings to 24 protect other residents of the facility where the 25 resident lived, and disciplinary action against persons 26 who failed to meet their professional responsibilities to 27 the resident. 28 (4) Professionals from disparate disciplines and 29 agencies who have responsibilities for nursing home 30 residents and expertise that can promote resident safety 31 and well-being should share their expertise and knowledge SB1543 Enrolled -2- LRB093 10753 DRJ 11634 b 1 so that the goals of determining the causes of sexual 2 assaults and unnecessary resident deaths, planning and 3 providing services to surviving residents, and preventing 4 future assaults and unnecessary deaths can be achieved. 5 (5) A greater understanding of the incidence and 6 causes of sexual assaults against nursing home residents 7 and unnecessary nursing home resident deaths is necessary 8 if the State is to prevent future assaults and 9 unnecessary deaths. 10 (6) Multi-disciplinary and multi-agency reviews of 11 sexual assaults against nursing home residents and 12 unnecessary nursing home resident deaths can assist the 13 State and counties in (i) investigating resident sexual 14 assaults and deaths, (ii) developing a greater 15 understanding of the incidence and causes of resident 16 sexual assault and deaths and the methods for preventing 17 those assaults and deaths, and (iii) identifying gaps in 18 services to nursing home residents. 19 (7) Access to information regarding assaulted and 20 deceased nursing home residents by multi-disciplinary and 21 multi-agency nursing home resident sexual assault and 22 death review teams is necessary for those teams to 23 achieve their purposes and duties. 24 Section 10. Definitions. As used in this Act, unless the 25 context requires otherwise: 26 "Department" means the Department of Public Health. 27 "Director" means the Director of Public Health. 28 "Executive Council" means the Illinois Residential Health 29 Care Facility Resident Sexual Assault and Death Review Teams 30 Executive Council. 31 "Resident" means a person residing in and receiving 32 personal care from a facility licensed under the Nursing Home 33 Care Act. SB1543 Enrolled -3- LRB093 10753 DRJ 11634 b 1 "Review team" means a residential health care facility 2 resident sexual assault and death review team appointed under 3 this Act. 4 Section 15. Residential health care facility resident 5 sexual assault and death review teams; establishment. 6 (a) The Director, in consultation with the Executive 7 Council and with law enforcement agencies and other 8 professionals who work in the field of investigating, 9 treating, or preventing nursing home resident abuse or 10 neglect in each of the Department's administrative regions of 11 the State, shall appoint members to a residential health care 12 facility resident sexual assault and death review team in 13 each such region outside Cook County and to at least one 14 review team in Cook County. The members of a team shall be 15 appointed for 2-year terms and shall be eligible for 16 reappointment upon the expiration of their terms. 17 (b) Each review team shall consist of at least one 18 member from each of the following categories: 19 (1) Geriatrician or other physician knowledgeable 20 about nursing home resident abuse and neglect. 21 (2) Representative of the Department. 22 (3) State's Attorney or State's Attorney's 23 representative. 24 (4) Representative of a local law enforcement 25 agency. 26 (5) Representative of the Illinois Attorney 27 General. 28 (6) Psychologist or psychiatrist. 29 (7) Representative of a local health department. 30 (8) Representative of a social service or health 31 care agency that provides services to persons with mental 32 illness, in a program whose accreditation to provide such 33 services is recognized by the Office of Mental Health SB1543 Enrolled -4- LRB093 10753 DRJ 11634 b 1 within the Department of Human Services. 2 (9) Representative of a social service or health 3 care agency that provides services to persons with 4 developmental disabilities, in a program whose 5 accreditation to provide such services is recognized by 6 the Office of Developmental Disabilities within the 7 Department of Human Services. 8 (10) Coroner or forensic pathologist. 9 (11) Representative of the local sub-state 10 ombudsman. 11 (12) Representative of a nursing home resident 12 advocacy organization. 13 (13) Representative of a local hospital, trauma 14 center, or provider of emergency medical services. 15 (14) Representative of an organization that 16 represents nursing homes. 17 Each review team may make recommendations to the Director 18 concerning additional appointments. Each review team member 19 must have demonstrated experience and an interest in 20 investigating, treating, or preventing nursing home resident 21 abuse or neglect. 22 (c) Each review team shall select a chairperson from 23 among its members. The chairperson shall also serve on the 24 Illinois Residential Health Care Facility Sexual Assault and 25 Death Review Teams Executive Council. 26 Section 20. Reviews of nursing home resident sexual 27 assaults and deaths. 28 (a) Every reported case of sexual assault of a nursing 29 home resident that is confirmed shall be reviewed by the 30 review team for the region that has primary case management 31 responsibility. 32 (b) Every death of a nursing home resident shall be 33 reviewed by the review team for the region that has primary SB1543 Enrolled -5- LRB093 10753 DRJ 11634 b 1 case management responsibility, if the deceased resident is 2 one of the following: 3 (1) A person whose care the Department found 4 violated federal or State standards in the 6 months 5 preceding the resident's death. 6 (2) A person whose care was the subject of a 7 complaint to the Department in the 30 days preceding the 8 resident's death, or after the resident's death. A review 9 team may, at its discretion, review other sudden, 10 unexpected, or unexplained nursing home resident deaths. 11 (b) A review team's purpose in conducting reviews of 12 resident sexual assaults and deaths is to do the following: 13 (1) Assist in determining the cause and manner of 14 the resident's assault or death, when requested. 15 (2) Evaluate means, if any, by which the assault or 16 death might have been prevented. 17 (3) Report its findings to appropriate agencies and 18 make recommendations that may help to reduce the number 19 of sexual assaults on and unnecessary deaths of nursing 20 home residents. 21 (4) Promote continuing education for professionals 22 involved in investigating, treating, and preventing 23 nursing home resident abuse and neglect as a means of 24 preventing sexual assaults and unnecessary deaths of 25 nursing home residents. 26 (5) Make specific recommendations to the Director 27 concerning the prevention of sexual assaults and 28 unnecessary deaths of nursing home residents and the 29 establishment of protocols for investigating resident 30 sexual assaults and deaths. 31 (c) A review team must review a sexual assault or death 32 as soon as practicable and not later than 90 days following 33 the completion by the Department of the investigation of the 34 assault or death under the Nursing Home Care Act. When there SB1543 Enrolled -6- LRB093 10753 DRJ 11634 b 1 has been no investigation by the Department, the review team 2 must review a sexual assault or death within 90 days after 3 obtaining the information necessary to complete the review 4 from the coroner, pathologist, medical examiner, or law 5 enforcement agency, depending on the nature of the case. A 6 review team must meet at least once in each calendar quarter. 7 (d) Within 90 days after receiving recommendations made 8 by a review team under item (5) of subsection (b), the 9 Director must review those recommendations and respond to the 10 review team. The Director shall implement recommendations as 11 feasible and appropriate and shall respond to the review team 12 in writing to explain the implementation or nonimplementation 13 of the recommendations. 14 (e) In any instance when a review team does not operate 15 in accordance with established protocol, the Director, in 16 consultation and cooperation with the Executive Council, must 17 take any necessary actions to bring the review team into 18 compliance with the protocol. 19 Section 25. Review team access to information. 20 (a) The Department shall provide to a review team, on 21 the request of the review team chairperson, all records and 22 information in the Department's possession that are relevant 23 to the review team's review of a sexual assault or death, 24 including records and information concerning previous reports 25 or investigations of suspected abuse or neglect. 26 (b) A review team shall have access to all records and 27 information that are relevant to its review of a sexual 28 assault or death and in the possession of a State or local 29 governmental agency. These records and information include, 30 without limitation, death certificates, all relevant medical 31 and mental health records, records of law enforcement agency 32 investigations, records of coroner or medical examiner 33 investigations, records of the Department of Corrections SB1543 Enrolled -7- LRB093 10753 DRJ 11634 b 1 concerning a person's parole, records of a probation and 2 court services department, and records of a social services 3 agency that provided services to the resident. 4 Section 30. Public access to information. 5 (a) Meetings of the review teams and the Executive 6 Council shall be closed to the public. Meetings of the review 7 teams and the Executive Council are not subject to the Open 8 Meetings Act, as provided in that Act. 9 (b) Records and information provided to a review team 10 and the Executive Council, and records maintained by a review 11 team or the Executive Council, are confidential and not 12 subject to the Freedom of Information Act, as provided in 13 that Act. Nothing contained in this subsection (b) prevents 14 the sharing or disclosure of records, other than those 15 produced by a review team or the Executive Council, relating 16 or pertaining to the sexual assault or death of a resident. 17 (c) Members of a review team and the Executive Council 18 are not subject to examination, in any civil or criminal 19 proceeding, concerning information presented to members of 20 the review team or the Executive Council or opinions formed 21 by members of the review team or the Executive Council based 22 on that information. A person may, however, be examined 23 concerning information provided to a review team or the 24 Executive Council that is otherwise available to the public. 25 (d) Records and information produced by a review team 26 and the Executive Council are not subject to discovery or 27 subpoena and are not admissible as evidence in any civil or 28 criminal proceeding. Those records and information are, 29 however, subject to discovery or a subpoena, and are 30 admissible as evidence, to the extent they are otherwise 31 available to the public. 32 Section 35. Indemnification. The State shall indemnify SB1543 Enrolled -8- LRB093 10753 DRJ 11634 b 1 and hold harmless members of a review team and the Executive 2 Council for all their acts, omissions, decisions, or other 3 conduct arising out of the scope of their service on the 4 review team or Executive Council, except those involving 5 willful or wanton misconduct. The method of providing 6 indemnification shall be as provided in the State Employee 7 Indemnification Act. 8 Section 40. Executive Council. 9 (a) The Illinois Residential Health Care Facility 10 Resident Sexual Assault and Death Review Teams Executive 11 Council, consisting of the chairperson of each review team 12 established under Section 15, is the coordinating and 13 oversight body for residential health care facility resident 14 sexual assault and death review teams and activities in 15 Illinois. The vice-chairperson of a review team, as 16 designated by the chairperson, may serve as a back-up member 17 or an alternate member of the Executive Council, if the 18 chairperson of the review team is unavailable to serve on the 19 Executive Council. The Director may appoint to the Executive 20 Council any ex-officio members deemed necessary. Persons with 21 expertise needed by the Executive Council may be invited to 22 meetings. The Executive Council must select from its members 23 a chairperson and a vice-chairperson, each to serve a 2-year, 24 renewable term. The Executive Council must meet at least 4 25 times during each calendar year. 26 (b) The Department must provide or arrange for the staff 27 support necessary for the Executive Council to carry out its 28 duties. 29 (c) The Executive Council has, but is not limited to, 30 the following duties: 31 (1) To serve as the voice of review teams in 32 Illinois. 33 (2) To consult with the Director concerning the SB1543 Enrolled -9- LRB093 10753 DRJ 11634 b 1 appointment, reappointment, and removal of review team 2 members. 3 (3) To oversee the review teams in order to ensure 4 that the teams' work is coordinated and in compliance 5 with the statutes and the operating protocol. 6 (4) To ensure that the data, results, findings, and 7 recommendations of the review teams are adequately used 8 to make any necessary changes in the policies, 9 procedures, and statutes in order to protect nursing home 10 residents in a timely manner. 11 (5) To collaborate with the General Assembly, the 12 Department, and others in order to develop any 13 legislation needed to prevent nursing home resident 14 sexual assaults and unnecessary deaths and to protect 15 nursing home residents. 16 (6) To assist in the development of quarterly and 17 annual reports based on the work and the findings of the 18 review teams. 19 (7) To ensure that the review teams' review 20 processes are standardized in order to convey data, 21 findings, and recommendations in a usable format. 22 (8) To serve as a link with other review teams 23 throughout the country and to participate in national 24 review team activities. 25 (9) To develop an annual statewide symposium to 26 update the knowledge and skills of review team members 27 and to promote the exchange of information between review 28 teams. 29 (10) To provide the review teams with the most 30 current information and practices concerning nursing home 31 resident sexual assault and unnecessary death review and 32 related topics. 33 (11) To perform any other functions necessary to 34 enhance the capability of the review teams to reduce and SB1543 Enrolled -10- LRB093 10753 DRJ 11634 b 1 prevent sexual assaults and unnecessary deaths of nursing 2 home residents. 3 Section 75. Relationship to other Acts. Nothing in this 4 Act is intended to conflict with or duplicate provisions of 5 other Acts or rules implementing other Acts. 6 Section 85. Repeal. This Act is repealed on July 1, 7 2006. 8 Section 90. The Open Meetings Act is amended by changing 9 Section 2 as follows: 10 (5 ILCS 120/2) (from Ch. 102, par. 42) 11 Sec. 2. Open meetings. 12 (a) Openness required. All meetings of public bodies 13 shall be open to the public unless excepted in subsection (c) 14 and closed in accordance with Section 2a. 15 (b) Construction of exceptions. The exceptions 16 contained in subsection (c) are in derogation of the 17 requirement that public bodies meet in the open, and 18 therefore, the exceptions are to be strictly construed, 19 extending only to subjects clearly within their scope. The 20 exceptions authorize but do not require the holding of a 21 closed meeting to discuss a subject included within an 22 enumerated exception. 23 (c) Exceptions. A public body may hold closed meetings 24 to consider the following subjects: 25 (1) The appointment, employment, compensation, 26 discipline, performance, or dismissal of specific 27 employees of the public body, including hearing testimony 28 on a complaint lodged against an employee to determine 29 its validity. 30 (2) Collective negotiating matters between the SB1543 Enrolled -11- LRB093 10753 DRJ 11634 b 1 public body and its employees or their representatives, 2 or deliberations concerning salary schedules for one or 3 more classes of employees. 4 (3) The selection of a person to fill a public 5 office, as defined in this Act, including a vacancy in a 6 public office, when the public body is given power to 7 appoint under law or ordinance, or the discipline, 8 performance or removal of the occupant of a public 9 office, when the public body is given power to remove the 10 occupant under law or ordinance. 11 (4) Evidence or testimony presented in open 12 hearing, or in closed hearing where specifically 13 authorized by law, to a quasi-adjudicative body, as 14 defined in this Act, provided that the body prepares and 15 makes available for public inspection a written decision 16 setting forth its determinative reasoning. 17 (5) The purchase or lease of real property for the 18 use of the public body, including meetings held for the 19 purpose of discussing whether a particular parcel should 20 be acquired. 21 (6) The setting of a price for sale or lease of 22 property owned by the public body. 23 (7) The sale or purchase of securities, 24 investments, or investment contracts. 25 (8) Security procedures and the use of personnel 26 and equipment to respond to an actual, a threatened, or a 27 reasonably potential danger to the safety of employees, 28 students, staff or public property. 29 (9) Student disciplinary cases. 30 (10) The placement of individual students in 31 special education programs and other matters relating to 32 individual students. 33 (11) Litigation, when an action against, affecting 34 or on behalf of the particular public body has been filed SB1543 Enrolled -12- LRB093 10753 DRJ 11634 b 1 and is pending before a court or administrative tribunal, 2 or when the public body finds that an action is probable 3 or imminent, in which case the basis for the finding 4 shall be recorded and entered into the minutes of the 5 closed meeting. 6 (12) The establishment of reserves or settlement of 7 claims as provided in the Local Governmental and 8 Governmental Employees Tort Immunity Act, if otherwise 9 the disposition of a claim or potential claim might be 10 prejudiced, or the review or discussion of claims, loss 11 or risk management information, records, data, advice or 12 communications from or with respect to any insurer of the 13 public body or any intergovernmental risk management 14 association or self insurance pool of which the public 15 body is a member. 16 (13) Conciliation of complaints of discrimination 17 in the sale or rental of housing, when closed meetings 18 are authorized by the law or ordinance prescribing fair 19 housing practices and creating a commission or 20 administrative agency for their enforcement. 21 (14) Informant sources, the hiring or assignment of 22 undercover personnel or equipment, or ongoing, prior or 23 future criminal investigations, when discussed by a 24 public body with criminal investigatory responsibilities. 25 (15) Professional ethics or performance when 26 considered by an advisory body appointed to advise a 27 licensing or regulatory agency on matters germane to the 28 advisory body's field of competence. 29 (16) Self evaluation, practices and procedures or 30 professional ethics, when meeting with a representative 31 of a statewide association of which the public body is a 32 member. 33 (17) The recruitment, credentialing, discipline or 34 formal peer review of physicians or other health care SB1543 Enrolled -13- LRB093 10753 DRJ 11634 b 1 professionals for a hospital, or other institution 2 providing medical care, that is operated by the public 3 body. 4 (18) Deliberations for decisions of the Prisoner 5 Review Board. 6 (19) Review or discussion of applications received 7 under the Experimental Organ Transplantation Procedures 8 Act. 9 (20) The classification and discussion of matters 10 classified as confidential or continued confidential by 11 the State Employees Suggestion Award Board. 12 (21) Discussion of minutes of meetings lawfully 13 closed under this Act, whether for purposes of approval 14 by the body of the minutes or semi-annual review of the 15 minutes as mandated by Section 2.06. 16 (22) Deliberations for decisions of the State 17 Emergency Medical Services Disciplinary Review Board. 18 (23) The operation by a municipality of a municipal 19 utility or the operation of a municipal power agency or 20 municipal natural gas agency when the discussion involves 21 (i) contracts relating to the purchase, sale, or delivery 22 of electricity or natural gas or (ii) the results or 23 conclusions of load forecast studies. 24 (24) Meetings of a residential health care facility 25 resident sexual assault and death review team or the 26 Residential Health Care Facility Resident Sexual Assault 27 and Death Review Teams Executive Council under the 28 Residential Health Care Facility Resident Sexual Assault 29 and Death Review Team Act. 30 (d) Definitions. For purposes of this Section: 31 "Employee" means a person employed by a public body whose 32 relationship with the public body constitutes an 33 employer-employee relationship under the usual common law 34 rules, and who is not an independent contractor. SB1543 Enrolled -14- LRB093 10753 DRJ 11634 b 1 "Public office" means a position created by or under the 2 Constitution or laws of this State, the occupant of which is 3 charged with the exercise of some portion of the sovereign 4 power of this State. The term "public office" shall include 5 members of the public body, but it shall not include 6 organizational positions filled by members thereof, whether 7 established by law or by a public body itself, that exist to 8 assist the body in the conduct of its business. 9 "Quasi-adjudicative body" means an administrative body 10 charged by law or ordinance with the responsibility to 11 conduct hearings, receive evidence or testimony and make 12 determinations based thereon, but does not include local 13 electoral boards when such bodies are considering petition 14 challenges. 15 (e) Final action. No final action may be taken at a 16 closed meeting. Final action shall be preceded by a public 17 recital of the nature of the matter being considered and 18 other information that will inform the public of the business 19 being conducted. 20 (Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.) 21 Section 93. The Freedom of Information Act is amended by 22 changing Section 7 as follows: 23 (5 ILCS 140/7) (from Ch. 116, par. 207) 24 Sec. 7. Exemptions. 25 (1) The following shall be exempt from inspection and 26 copying: 27 (a) Information specifically prohibited from 28 disclosure by federal or State law or rules and 29 regulations adopted under federal or State law. 30 (b) Information that, if disclosed, would 31 constitute a clearly unwarranted invasion of personal 32 privacy, unless the disclosure is consented to in writing SB1543 Enrolled -15- LRB093 10753 DRJ 11634 b 1 by the individual subjects of the information. The 2 disclosure of information that bears on the public duties 3 of public employees and officials shall not be considered 4 an invasion of personal privacy. Information exempted 5 under this subsection (b) shall include but is not 6 limited to: 7 (i) files and personal information maintained 8 with respect to clients, patients, residents, 9 students or other individuals receiving social, 10 medical, educational, vocational, financial, 11 supervisory or custodial care or services directly 12 or indirectly from federal agencies or public 13 bodies; 14 (ii) personnel files and personal information 15 maintained with respect to employees, appointees or 16 elected officials of any public body or applicants 17 for those positions; 18 (iii) files and personal information 19 maintained with respect to any applicant, registrant 20 or licensee by any public body cooperating with or 21 engaged in professional or occupational 22 registration, licensure or discipline; 23 (iv) information required of any taxpayer in 24 connection with the assessment or collection of any 25 tax unless disclosure is otherwise required by State 26 statute; and 27 (v) information revealing the identity of 28 persons who file complaints with or provide 29 information to administrative, investigative, law 30 enforcement or penal agencies; provided, however, 31 that identification of witnesses to traffic 32 accidents, traffic accident reports, and rescue 33 reports may be provided by agencies of local 34 government, except in a case for which a criminal SB1543 Enrolled -16- LRB093 10753 DRJ 11634 b 1 investigation is ongoing, without constituting a 2 clearly unwarranted per se invasion of personal 3 privacy under this subsection. 4 (c) Records compiled by any public body for 5 administrative enforcement proceedings and any law 6 enforcement or correctional agency for law enforcement 7 purposes or for internal matters of a public body, but 8 only to the extent that disclosure would: 9 (i) interfere with pending or actually and 10 reasonably contemplated law enforcement proceedings 11 conducted by any law enforcement or correctional 12 agency; 13 (ii) interfere with pending administrative 14 enforcement proceedings conducted by any public 15 body; 16 (iii) deprive a person of a fair trial or an 17 impartial hearing; 18 (iv) unavoidably disclose the identity of a 19 confidential source or confidential information 20 furnished only by the confidential source; 21 (v) disclose unique or specialized 22 investigative techniques other than those generally 23 used and known or disclose internal documents of 24 correctional agencies related to detection, 25 observation or investigation of incidents of crime 26 or misconduct; 27 (vi) constitute an invasion of personal 28 privacy under subsection (b) of this Section; 29 (vii) endanger the life or physical safety of 30 law enforcement personnel or any other person; or 31 (viii) obstruct an ongoing criminal 32 investigation. 33 (d) Criminal history record information maintained 34 by State or local criminal justice agencies, except the SB1543 Enrolled -17- LRB093 10753 DRJ 11634 b 1 following which shall be open for public inspection and 2 copying: 3 (i) chronologically maintained arrest 4 information, such as traditional arrest logs or 5 blotters; 6 (ii) the name of a person in the custody of a 7 law enforcement agency and the charges for which 8 that person is being held; 9 (iii) court records that are public; 10 (iv) records that are otherwise available 11 under State or local law; or 12 (v) records in which the requesting party is 13 the individual identified, except as provided under 14 part (vii) of paragraph (c) of subsection (1) of 15 this Section. 16 "Criminal history record information" means data 17 identifiable to an individual and consisting of 18 descriptions or notations of arrests, detentions, 19 indictments, informations, pre-trial proceedings, trials, 20 or other formal events in the criminal justice system or 21 descriptions or notations of criminal charges (including 22 criminal violations of local municipal ordinances) and 23 the nature of any disposition arising therefrom, 24 including sentencing, court or correctional supervision, 25 rehabilitation and release. The term does not apply to 26 statistical records and reports in which individuals are 27 not identified and from which their identities are not 28 ascertainable, or to information that is for criminal 29 investigative or intelligence purposes. 30 (e) Records that relate to or affect the security 31 of correctional institutions and detention facilities. 32 (f) Preliminary drafts, notes, recommendations, 33 memoranda and other records in which opinions are 34 expressed, or policies or actions are formulated, except SB1543 Enrolled -18- LRB093 10753 DRJ 11634 b 1 that a specific record or relevant portion of a record 2 shall not be exempt when the record is publicly cited and 3 identified by the head of the public body. The exemption 4 provided in this paragraph (f) extends to all those 5 records of officers and agencies of the General Assembly 6 that pertain to the preparation of legislative documents. 7 (g) Trade secrets and commercial or financial 8 information obtained from a person or business where the 9 trade secrets or information are proprietary, privileged 10 or confidential, or where disclosure of the trade secrets 11 or information may cause competitive harm, including all 12 information determined to be confidential under Section 13 4002 of the Technology Advancement and Development Act. 14 Nothing contained in this paragraph (g) shall be 15 construed to prevent a person or business from consenting 16 to disclosure. 17 (h) Proposals and bids for any contract, grant, or 18 agreement, including information which if it were 19 disclosed would frustrate procurement or give an 20 advantage to any person proposing to enter into a 21 contractor agreement with the body, until an award or 22 final selection is made. Information prepared by or for 23 the body in preparation of a bid solicitation shall be 24 exempt until an award or final selection is made. 25 (i) Valuable formulae, computer geographic systems, 26 designs, drawings and research data obtained or produced 27 by any public body when disclosure could reasonably be 28 expected to produce private gain or public loss. 29 (j) Test questions, scoring keys and other 30 examination data used to administer an academic 31 examination or determined the qualifications of an 32 applicant for a license or employment. 33 (k) Architects' plans and engineers' technical 34 submissions for projects not constructed or developed in SB1543 Enrolled -19- LRB093 10753 DRJ 11634 b 1 whole or in part with public funds and for projects 2 constructed or developed with public funds, to the extent 3 that disclosure would compromise security. 4 (l) Library circulation and order records 5 identifying library users with specific materials. 6 (m) Minutes of meetings of public bodies closed to 7 the public as provided in the Open Meetings Act until the 8 public body makes the minutes available to the public 9 under Section 2.06 of the Open Meetings Act. 10 (n) Communications between a public body and an 11 attorney or auditor representing the public body that 12 would not be subject to discovery in litigation, and 13 materials prepared or compiled by or for a public body in 14 anticipation of a criminal, civil or administrative 15 proceeding upon the request of an attorney advising the 16 public body, and materials prepared or compiled with 17 respect to internal audits of public bodies. 18 (o) Information received by a primary or secondary 19 school, college or university under its procedures for 20 the evaluation of faculty members by their academic 21 peers. 22 (p) Administrative or technical information 23 associated with automated data processing operations, 24 including but not limited to software, operating 25 protocols, computer program abstracts, file layouts, 26 source listings, object modules, load modules, user 27 guides, documentation pertaining to all logical and 28 physical design of computerized systems, employee 29 manuals, and any other information that, if disclosed, 30 would jeopardize the security of the system or its data 31 or the security of materials exempt under this Section. 32 (q) Documents or materials relating to collective 33 negotiating matters between public bodies and their 34 employees or representatives, except that any final SB1543 Enrolled -20- LRB093 10753 DRJ 11634 b 1 contract or agreement shall be subject to inspection and 2 copying. 3 (r) Drafts, notes, recommendations and memoranda 4 pertaining to the financing and marketing transactions of 5 the public body. The records of ownership, registration, 6 transfer, and exchange of municipal debt obligations, and 7 of persons to whom payment with respect to these 8 obligations is made. 9 (s) The records, documents and information relating 10 to real estate purchase negotiations until those 11 negotiations have been completed or otherwise terminated. 12 With regard to a parcel involved in a pending or actually 13 and reasonably contemplated eminent domain proceeding 14 under Article VII of the Code of Civil Procedure, 15 records, documents and information relating to that 16 parcel shall be exempt except as may be allowed under 17 discovery rules adopted by the Illinois Supreme Court. 18 The records, documents and information relating to a real 19 estate sale shall be exempt until a sale is consummated. 20 (t) Any and all proprietary information and records 21 related to the operation of an intergovernmental risk 22 management association or self-insurance pool or jointly 23 self-administered health and accident cooperative or 24 pool. 25 (u) Information concerning a university's 26 adjudication of student or employee grievance or 27 disciplinary cases, to the extent that disclosure would 28 reveal the identity of the student or employee and 29 information concerning any public body's adjudication of 30 student or employee grievances or disciplinary cases, 31 except for the final outcome of the cases. 32 (v) Course materials or research materials used by 33 faculty members. 34 (w) Information related solely to the internal SB1543 Enrolled -21- LRB093 10753 DRJ 11634 b 1 personnel rules and practices of a public body. 2 (x) Information contained in or related to 3 examination, operating, or condition reports prepared by, 4 on behalf of, or for the use of a public body responsible 5 for the regulation or supervision of financial 6 institutions or insurance companies, unless disclosure is 7 otherwise required by State law. 8 (y) Information the disclosure of which is 9 restricted under Section 5-108 of the Public Utilities 10 Act. 11 (z) Manuals or instruction to staff that relate to 12 establishment or collection of liability for any State 13 tax or that relate to investigations by a public body to 14 determine violation of any criminal law. 15 (aa) Applications, related documents, and medical 16 records received by the Experimental Organ 17 Transplantation Procedures Board and any and all 18 documents or other records prepared by the Experimental 19 Organ Transplantation Procedures Board or its staff 20 relating to applications it has received. 21 (bb) Insurance or self insurance (including any 22 intergovernmental risk management association or self 23 insurance pool) claims, loss or risk management 24 information, records, data, advice or communications. 25 (cc) Information and records held by the Department 26 of Public Health and its authorized representatives 27 relating to known or suspected cases of sexually 28 transmissible disease or any information the disclosure 29 of which is restricted under the Illinois Sexually 30 Transmissible Disease Control Act. 31 (dd) Information the disclosure of which is 32 exempted under Section 30 of the Radon Industry Licensing 33 Act. 34 (ee) Firm performance evaluations under Section 55 SB1543 Enrolled -22- LRB093 10753 DRJ 11634 b 1 of the Architectural, Engineering, and Land Surveying 2 Qualifications Based Selection Act. 3 (ff) Security portions of system safety program 4 plans, investigation reports, surveys, schedules, lists, 5 data, or information compiled, collected, or prepared by 6 or for the Regional Transportation Authority under 7 Section 2.11 of the Regional Transportation Authority Act 8 or the St. Clair County Transit District under the 9 Bi-State Transit Safety Act. 10 (gg) Information the disclosure of which is 11 restricted and exempted under Section 50 of the Illinois 12 Prepaid Tuition Act. 13 (hh) Information the disclosure of which is 14 exempted under Section 80 of the State Gift Ban Act. 15 (ii) Beginning July 1, 1999, information that would 16 disclose or might lead to the disclosure of secret or 17 confidential information, codes, algorithms, programs, or 18 private keys intended to be used to create electronic or 19 digital signatures under the Electronic Commerce Security 20 Act. 21 (jj) Information contained in a local emergency 22 energy plan submitted to a municipality in accordance 23 with a local emergency energy plan ordinance that is 24 adopted under Section 11-21.5-5 of the Illinois Municipal 25 Code. 26 (kk) Information and data concerning the 27 distribution of surcharge moneys collected and remitted 28 by wireless carriers under the Wireless Emergency 29 Telephone Safety Act. 30 (ll) Records and information provided to a 31 residential health care facility resident sexual assault 32 and death review team or the Residential Health Care 33 Facility Resident Sexual Assault and Death Review Teams 34 Executive Council under the Residential Health Care SB1543 Enrolled -23- LRB093 10753 DRJ 11634 b 1 Facility Resident Sexual Assault and Death Review Team 2 Act. 3 (2) This Section does not authorize withholding of 4 information or limit the availability of records to the 5 public, except as stated in this Section or otherwise 6 provided in this Act. 7 (Source: P.A. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99; 8 91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff. 9 8-3-01; 92-281, eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, 10 eff. 7-11-02.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.