Bill Text: IL HB5669 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Creates the Local Government Bankruptcy Neutral Evaluation Act. Makes legislative findings. Defines terms. Authorizes a local public entity to initiate a neutral evaluation process if that entity is or likely will become unable to meet its financial obligations as and when those obligations are due or become due and owing. Sets forth procedures concerning the selection and qualifications of an evaluator, the evaluation process, cessation of an evaluation, declaration of a fiscal emergency, and liabilities. Further provides that any meetings or writings made in connection with the neutral evaluation process shall be prohibited from public viewing. Amends the Open Meetings Act. Provides that a public body may hold closed meetings when the meetings are made pursuant to the Local Government Bankruptcy Neutral Evaluation Act. Amends the Freedom of Information Act. Provides that all records and information prohibited from being disclosed pursuant to the Local Government Bankruptcy Neutral Evaluation Act are exempt from inspection and copying.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5669 Detail]

Download: Illinois-2011-HB5669-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5669 Introduced , by Rep. John E. Bradley SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 120/2 from Ch. 102, par. 42
5 ILCS 140/7.5
Creates the Local Government Bankruptcy Neutral Evaluation Act. Makes legislative findings. Defines terms. Authorizes a local public entity to initiate a neutral evaluation process if that entity is or likely will become unable to meet its financial obligations as and when those obligations are due or become due and owing. Sets forth procedures concerning the selection and qualifications of an evaluator, the evaluation process, cessation of an evaluation, declaration of a fiscal emergency, and liabilities. Further provides that any meetings or writings made in connection with the neutral evaluation process shall be prohibited from public viewing. Amends the Open Meetings Act. Provides that a public body may hold closed meetings when the meetings are made pursuant to the Local Government Bankruptcy Neutral Evaluation Act. Amends the Freedom of Information Act. Provides that all records and information prohibited from being disclosed pursuant to the Local Government Bankruptcy Neutral Evaluation Act are exempt from inspection and copying.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Local
Government Bankruptcy Neutral Evaluation Act.
Section 3. Findings. Filing for Chapter 9 can reduce
service levels to the taxpayers and residents of a local public
entity. In some circumstances, it can have major short-and
long-term fiscal consequences for the entity, the surrounding
entities, and the State. Filing for bankruptcy protection under
Chapter 9 should be considered a last resort, to be instituted
only after other reasonable efforts have been made to avoid a
bankruptcy filing or otherwise appropriately plan for it. It is
in the interest of the State, units of local government, and
the public that local governmental entities have sufficiently
sound financial capacity to provide required services to the
public and meet their contractual and other obligations during
any restructuring or financial reorganization process.
Furthermore, it is in the best interest of the public, the
State, and local governmental entities that employees, trade
creditors, bondholders, and other interest-holders be included
in an appropriate restructuring process and have an adequate
understanding of the financial capacity of local governmental

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entities and their obligations, as a clear understanding of
both is necessary for any restructuring or reorganization
process.
To the extent financial relief granted through Chapter 9
can affect debt service payments, the bondholders have a direct
interest in the Chapter 9 process, particularly prior to
filing. Therefore, it is important for those parties to be able
to participate in a prefiling confidential neutral evaluation
process that could assist parties in reaching a settlement and
avoiding a bankruptcy filing or otherwise lead to a
pre-negotiated consensual plan of readjustment as clearly
contemplated by subsection (c) of Section 109 of Title 11 of
the United States Code.
To the extent financial relief granted through Chapter 9
could affect public employee compensation, employees have a
direct interest in the Chapter 9 process, particularly prior to
filing. Therefore, it is important for those parties to be able
to participate in a prefiling confidential neutral evaluation
process that could assist parties in reaching a settlement or
otherwise lead to a pre-negotiated, consensual plan of
adjustment and avoid a Chapter 9 filing.
Given the connection between State allocations and local
budgets, the State has a role in assisting local public
entities to address potential insolvency with the goal of
averting bankruptcy filings where possible and providing a
process designed to make the debt restructuring process in or

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outside of a Chapter 9 bankruptcy as cost effective and
efficient as possible for all participants.
Illinois taxpayers who rely on public safety, senior,
recreational, health, library, and other public services, as
well as those who own and operate businesses in our
communities, deserve every reasonable and appropriate effort
that State and local government can make to avoid adverse
consequences of Chapter 9 bankruptcy filings, particularly
where a neutral evaluation may lead to the avoidance of Chapter
9 filing by an out-of-court resolution of outstanding
obligations and disputes.
Resolving local and State business and financial issues in
a timely, fair, and cost-effective manner is an integral part
of a successful government and is in the public interest. It
has long been recognized that alternative dispute resolution
proceedings, like a neutral evaluation, offer an economical,
discreet, and expeditious way to resolve potentially
devastating situations.
Through the neutral evaluation process, the neutral
evaluator, a specially trained, neutral third party, can assist
the local public entity and its creditors and stakeholders to
fully explore alternatives, while allowing the interested
parties to exchange information in a confidential environment
with the assistance and supervision of a neutral evaluator to
determine whether the entity's contractual and financial
obligations can be renegotiated on a consensual basis.

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Section 5. Eligibility. A local public entity in this State
may file a petition and exercise powers pursuant to applicable
federal bankruptcy law if either of the following apply: (i)
the local public entity has participated in a neutral
evaluation process pursuant to Section 15 of this Act, or (ii)
the local public entity declares a fiscal emergency and adopts
a resolution by a majority vote of the governing board pursuant
to Section 20 of this Act.
Section 10. Definitions. As used in this Act the following
terms mean:
"Chapter 9" means Chapter 9 of Title 11 of the United
States Code.
"Creditor" means either of the following:
An entity that has a noncontingent claim against a
municipality that arose at the time of or before the
commencement of the neutral evaluation process and whose
claim represents at least $5,000,000 or comprises more than
5% of the local public entity's debt or obligations,
whichever is less.
An entity that would have a noncontingent claim against
the municipality upon the rejection of an executory
contract or unexpired lease in a Chapter 9 case and whose
claim would represent at least $5,000,000 or comprises more
than 5% of the local public entity's debt or obligations,

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whichever is less.
"Debtor" means a local public entity that may file for
bankruptcy under Chapter 9.
"Good faith" means participation by a party in the neutral
evaluation process with the intent to negotiate toward a
resolution of the issues that are the subject of the neutral
evaluation process, including the timely provision of complete
and accurate information to provide the relevant parties
through the neutral evaluation process with sufficient
information, in a confidential manner, to negotiate the
readjustment of the local public entity's debt.
"Interested party" means a trustee, a committee of
creditors, an affected creditor, an indenture trustee, a
pension fund, a bondholder, a union that, under its collective
bargaining agreements, has standing to initiate contract or
debt restructuring negotiations with the local public entity,
or a representative selected by an association of retired
employees of the public entity who receive income from the
public entity convening the neutral evaluation. A local public
entity may invite holders of contingent claims to participate
as interested parties in the neutral evaluation if the local
public entity determines that the contingency is likely to
occur and the claim may represent $5,000,000 or comprise more
than 5% of the local public entity's debt or obligations,
whichever is less.
"Local public entity" means any county, municipality,

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township, special district, public authority, public agency,
or other entity that is a political subdivision or public
agency or instrumentality of the State, or that qualifies as a
debtor under any other federal bankruptcy law applicable to
local public entities. For purposes of this Act, "local public
entity" does not include a school district.
"Local public entity representative" means the person or
persons designated by the local public agency with authority to
make recommendations and to attend the neutral evaluation on
behalf of the governing body of the local public agency.
"Neutral evaluation" is a form of alternative dispute
resolution that may be known as mandatory mediation. A "neutral
evaluator" may also be known as a mediator.
Section 15. Neutral evaluation process.
(a) A local public entity may initiate the neutral
evaluation process if the local public entity is or likely will
become unable to meet its financial obligations as and when
those obligations are due or become due and owing. The local
public entity shall initiate the neutral evaluation by
providing notice by certified mail of a request for neutral
evaluation to all interested parties, as defined in Section 10
of this Act.
(b) Interested parties shall respond within 10 business
days after receipt of notice of the local public entity's
request for neutral evaluation.

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(c) The local public entity and the interested parties
agreeing to participate in the neutral evaluation shall,
through a mutually agreed upon process, select the neutral
evaluator to oversee the neutral evaluation process and
facilitate all discussions in an effort to resolve their
disputes.
If the local public entity and interested parties fail to
agree on a neutral evaluator within 7 days after the interested
parties have responded to the notification sent by the public
entity, the public entity shall select 5 qualified neutral
evaluators and provide their names, references, and
backgrounds to the participating interested parties. Within 3
business days, a majority of participating interested parties
may strike up to 4 names from the list. If a majority of
participating interested parties strikes 4 names, the
remaining candidate shall be the neutral evaluator. If the
majority of participating parties strikes fewer than 4 names,
the local public entity may choose which of the remaining
candidates shall be the neutral evaluator.
(d) A neutral evaluator shall have experience and training
in conflict resolution and alternative dispute resolution and
shall meet at least one of the following qualifications:
(1) at least 10 years of high-level business or legal
practice involving bankruptcy or service as a United States
Bankruptcy Judge; or
(2) professional experience or training in local

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government finance and one or more of the following areas:
local government organization, local government debt
restructuring, local government finances dispute
resolution, Chapter 9 bankruptcy, public finance,
taxation, Illinois Constitutional law, Illinois labor law,
or federal labor law.
(e) The neutral evaluator shall be impartial, objective,
independent, and free from prejudice. The neutral evaluator
shall not act with partiality or prejudice based on any
participant's personal characteristics, background, values or
beliefs, or performance during the neutral evaluation process.
(f) The neutral evaluator shall avoid a conflict of
interest or the appearance of a conflict of interest during the
neutral evaluation process. The neutral evaluator shall make a
reasonable inquiry to determine whether there are any facts
that a reasonable individual would consider likely to create a
potential or actual conflict of interest. Notwithstanding
subsection (n) of this Section, if the neutral evaluator is
informed of the existence of any facts that a reasonable
individual would consider likely to create a potential or
actual conflict of interest, the neutral evaluator shall
disclose these facts in writing to the local public entity and
all interested parties involved in the neutral evaluation. If
any party to the neutral evaluation objects to the neutral
evaluator, that party shall notify all other parties to the
neutral evaluation, including the neutral evaluator, within 15

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days after receipt of the notice from the neutral evaluator,
and the neutral evaluator shall withdraw and a new neutral
evaluator shall be selected pursuant to subsections (a) and (b)
of this Section.
(g) Prior to the neutral evaluation process, the neutral
evaluator shall not establish another relationship with any of
the parties in a manner that would raise questions about the
integrity of the neutral evaluation, except that the neutral
evaluator may conduct further neutral evaluations regarding
other potential local public entities that may involve some of
the same or similar constituents to a prior mediation.
(h) The neutral evaluator shall conduct the neutral
evaluation process in a manner that promotes voluntary,
uncoerced decision-making in which each party makes free and
informed choices regarding the process and outcome.
(i) The neutral evaluator shall not impose a settlement on
the parties. The neutral evaluator shall use his or her best
efforts to assist the parties to reach a satisfactory
resolution of their disputes. Subject to the discretion of the
neutral evaluator, the neutral evaluator may make oral or
written recommendations for settlement or plan of readjustment
to a party privately or to all parties jointly.
(j) The neutral evaluator shall inform the local public
entity and all parties of the provisions of Chapter 9 relative
to other chapters of the bankruptcy codes. This instruction
shall highlight the limited authority of United States

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bankruptcy judges in Chapter 9, including the lack of
flexibility available to judges to reduce or cram down debt
repayments and similar efforts not available to reorganize the
operations of the city that may be available to a corporate
entity.
(k) The neutral evaluator may request from the parties
documentation and other information that the neutral evaluator
believes may be helpful in assisting the parties to address the
obligations between them. This documentation may include the
status of funds of the local public entity that clearly
distinguishes between general funds and special funds, and the
proposed plan of readjustment prepared by the local public
entity.
(l) The neutral evaluator shall provide counsel and
guidance to all parties, shall not be a legal representative of
any party, and shall not have a fiduciary duty to any party.
(m) In the event of a settlement with all interested
parties, the neutral evaluator may assist the parties in
negotiating a pre-petitioned, pre-agreed plan of readjustment
in connection with a potential Chapter 9 filing.
(n) If at any time during the neutral evaluation process
the local public entity and a majority of the representatives
of the interested parties participating in the neutral
evaluation wish to remove the neutral evaluator, the local
public entity or any interested party may make a request to the
other interested parties to remove the neutral evaluator. If

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the local public entity and the majority of the interested
parties agree that the neutral evaluator should be removed, the
parties shall select a new neutral evaluator.
(o) The local public entity and all interested parties
participating in the neutral evaluation process shall
negotiate in good faith.
(p) The local public entity and interested parties shall
provide a representative of each party to attend all neutral
evaluation sessions. Each representative shall have the
authority to settle and resolve disputes or shall be in a
position to present any proposed settlement or plan of
readjustment to the parties participating in the neutral
evaluation.
(q) The parties shall maintain the confidentiality of the
neutral evaluation process and shall not disclose statements
made, information disclosed, or documents prepared or
produced, during the neutral evaluation process, at the
conclusion of the neutral evaluation process or during any
bankruptcy proceeding unless either of the following occur:
(i) all persons that conduct or otherwise participate
in the neutral evaluation expressly agree in writing or
orally to disclosure of the communication, document, or
writing; or
(ii) the information is deemed necessary by a judge
presiding over a bankruptcy proceeding pursuant to Chapter
9 of Title 11 of the United States Code to determine

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eligibility of a local public entity to proceed with a
bankruptcy proceeding pursuant to subsection (c) of
Section 109 of Title 11 of the United States Code.
(r) The neutral evaluation established by this process
shall not last for more than 60 days after the date the
evaluator is selected, unless the local public entity or a
majority of participating interested parties elect to extend
the process for up to 30 additional days. The neutral
evaluation process shall not last for more than 90 days after
the date the evaluator is selected unless the local public
entity and a majority of the interested parties agree to an
extension.
(s) The local public entity shall pay 50% of the costs of
neutral evaluation, including but not limited to the fees of
the evaluator, and the creditors shall pay the balance, unless
otherwise agreed to by the parties.
(t) The neutral evaluation process shall end if any of the
following occur:
(i) the parties execute an settlement agreement;
(ii) the parties reach an agreement or proposed plan of
readjustment that requires the approval of a bankruptcy
judge;
(iii) the neutral evaluation process has exceeded 60
days after the date the neutral evaluator was selected, the
parties have not reached an agreement, and neither the
local public entity or a majority of the interested parties

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elect to extend the neutral evaluation process past the
initial 60-day time period;
(iv) the local public entity initiated the neutral
evaluation process pursuant to subsection (a) of this
Section and received no responses from interested parties
within the time specified in subsection (b) of this
Section; or
(v) the fiscal condition of the local public entity
deteriorates to the point that a fiscal emergency is
declared pursuant to Section 20 of this Act and
necessitates the need to file a petition and exercise
powers pursuant to applicable federal bankruptcy law.
Section 20. Declaration of fiscal emergency.
Notwithstanding any other Section of this Act, a local public
entity may file a petition and exercise powers pursuant to
applicable federal bankruptcy law, if the local public entity
declares a fiscal emergency and adopts a resolution by a
majority vote of the governing board at a noticed public
hearing that includes findings that the financial state of the
local public entity jeopardizes the health, safety, or
well-being of the residents of the local public entity's
jurisdiction or service area absent the protections of Chapter
9. The resolution shall make findings that the public entity is
or will be unable to pay its obligations within the next 60
days. Prior to a declaration of fiscal emergency and adoption

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of a resolution, the local public entity shall place an item on
the agenda of a noticed public hearing on the fiscal condition
of the entity to take public comment. The board of supervisors
of a county that intends to take action pursuant to this
Section and places a notice on an agenda regarding a proposed
resolution to declare a fiscal emergency may require local
agencies with funds invested in the county treasury to provide
a 5-day notice of withdrawal before the county is required to
comply with a request for withdrawal of funds by that local
agency.
Section 25. Liabilities. This Act shall not impose any
liability or responsibility, in law or equity, upon the State,
any department, agency, or other entity of the State, or any
officer or employee of the State, for any action taken by any
local public entity pursuant to this Act, for any violation of
the provisions of this Act by any local public entity, or for
any failure to comply with the provisions of this Act by any
local public entity. No cause of action against the State, or
any department, agency, entity of the State, or any officer or
employee of the State acting in their official capacity may be
maintained for any activity authorized by this Act, or for the
act of a local public entity filing under Chapter 9 of Title 11
of the United States Code, including any proceeding following a
local public entity's filing.

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Section 30. Public access; meetings and information. Any
meetings or writings made pursuant to this Act are prohibited
from being disclosed to the public.
Section 35. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the
public body, including hearing testimony on a complaint
lodged against an employee of the public body or against

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legal counsel for the public body to determine its
validity.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the public
body is given power to remove the occupant under law or
ordinance.
(4) Evidence or testimony presented in open hearing, or
in closed hearing where specifically authorized by law, to
a quasi-adjudicative body, as defined in this Act, provided
that the body prepares and makes available for public
inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the purpose
of discussing whether a particular parcel should be
acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments, or

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investment contracts.
(8) Security procedures and the use of personnel and
equipment to respond to an actual, a threatened, or a
reasonably potential danger to the safety of employees,
students, staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public body
is a member.

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(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair housing
practices and creating a commission or administrative
agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals for a hospital, or other institution
providing medical care, that is operated by the public
body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures

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Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes as
mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) Confidential information, when discussed by one

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or more members of an elder abuse fatality review team,
designated under Section 15 of the Elder Abuse and Neglect
Act, while participating in a review conducted by that team
of the death of an elderly person in which abuse or neglect
is suspected, alleged, or substantiated; provided that
before the review team holds a closed meeting, or closes an
open meeting, to discuss the confidential information,
each participating review team member seeking to disclose
the confidential information in the closed meeting or
closed portion of the meeting must state on the record
during an open meeting or the open portion of a meeting the
nature of the information to be disclosed and the legal
basis for otherwise holding that information confidential.
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Public Aid Code or (ii)
that pertain to appeals under Section 11-8 of the Public
Aid Code.
(29) (28) Meetings between internal or external
auditors and governmental audit committees, finance
committees, and their equivalents, when the discussion
involves internal control weaknesses, identification of
potential fraud risk areas, known or suspected frauds, and
fraud interviews conducted in accordance with generally
accepted auditing standards of the United States of
America.
(30) Meetings held pursuant to the Local Government

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Bankruptcy Neutral Evaluation Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;
96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.

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8-12-11; 97-452, eff. 8-19-11; revised 9-2-11.)
Section 40. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records
Confidentiality Act.
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.

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(f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(g) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office
that would be exempt if created or obtained by an Executive
Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.
(k) Law enforcement officer identification information or
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death review
team or the Executive Council under the Abuse Prevention Review
Team Act.
(m) Information provided to the predatory lending database

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created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that
Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution
chooses not to pursue the death penalty prior to trial or
sentencing.
(o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information in

HB5669 - 25 - LRB097 19012 KMW 64251 b
the form of health data or medical records contained in, stored
in, submitted to, transferred by, or released from the Illinois
Health Information Exchange, and identified or deidentified
health information in the form of health data and medical
records of the Illinois Health Information Exchange in the
possession of the Illinois Health Information Exchange
Authority due to its administration of the Illinois Health
Information Exchange. The terms "identified" and
"deidentified" shall be given the same meaning as in the Health
Insurance Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent team
of experts under Brian's Law.
(v) Names and information of people who have applied for or
received Firearm Owner's Identification Cards under the
Firearm Owners Identification Card Act.
(w) (v) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section 19.1
of the Toll Highway Act.
(x) All records and information prohibited from being
disclosed by the Local Government Bankruptcy Neutral
Evaluation Act.
(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
8-12-11; 97-342, eff. 8-12-11; revised 9-2-11.)