Sen. John F. Curran

Filed: 4/5/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1929, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Freedom of Information Act is amended by
6changing Section 7 as follows:
7    (5 ILCS 140/7)  (from Ch. 116, par. 207)
8    Sec. 7. Exemptions.
9    (1) When a request is made to inspect or copy a public
10record that contains information that is exempt from disclosure
11under this Section, but also contains information that is not
12exempt from disclosure, the public body may elect to redact the
13information that is exempt. The public body shall make the
14remaining information available for inspection and copying.
15Subject to this requirement, the following shall be exempt from
16inspection and copying:



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1        (a) Information specifically prohibited from
2    disclosure by federal or State law or rules and regulations
3    implementing federal or State law.
4        (b) Private information, unless disclosure is required
5    by another provision of this Act, a State or federal law or
6    a court order.
7        (b-5) Files, documents, and other data or databases
8    maintained by one or more law enforcement agencies and
9    specifically designed to provide information to one or more
10    law enforcement agencies regarding the physical or mental
11    status of one or more individual subjects.
12        (c) Personal information contained within public
13    records, the disclosure of which would constitute a clearly
14    unwarranted invasion of personal privacy, unless the
15    disclosure is consented to in writing by the individual
16    subjects of the information. "Unwarranted invasion of
17    personal privacy" means the disclosure of information that
18    is highly personal or objectionable to a reasonable person
19    and in which the subject's right to privacy outweighs any
20    legitimate public interest in obtaining the information.
21    The disclosure of information that bears on the public
22    duties of public employees and officials shall not be
23    considered an invasion of personal privacy.
24        (d) Records in the possession of any public body
25    created in the course of administrative enforcement
26    proceedings, and any law enforcement or correctional



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1    agency for law enforcement purposes, but only to the extent
2    that disclosure would:
3            (i) interfere with pending or actually and
4        reasonably contemplated law enforcement proceedings
5        conducted by any law enforcement or correctional
6        agency that is the recipient of the request;
7            (ii) interfere with active administrative
8        enforcement proceedings conducted by the public body
9        that is the recipient of the request;
10            (iii) create a substantial likelihood that a
11        person will be deprived of a fair trial or an impartial
12        hearing;
13            (iv) unavoidably disclose the identity of a
14        confidential source, confidential information
15        furnished only by the confidential source, or persons
16        who file complaints with or provide information to
17        administrative, investigative, law enforcement, or
18        penal agencies; except that the identities of
19        witnesses to traffic accidents, traffic accident
20        reports, and rescue reports shall be provided by
21        agencies of local government, except when disclosure
22        would interfere with an active criminal investigation
23        conducted by the agency that is the recipient of the
24        request;
25            (v) disclose unique or specialized investigative
26        techniques other than those generally used and known or



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1        disclose internal documents of correctional agencies
2        related to detection, observation or investigation of
3        incidents of crime or misconduct, and disclosure would
4        result in demonstrable harm to the agency or public
5        body that is the recipient of the request;
6            (vi) endanger the life or physical safety of law
7        enforcement personnel or any other person; or
8            (vii) obstruct an ongoing criminal investigation
9        by the agency that is the recipient of the request.
10        (d-5) A law enforcement record created for law
11    enforcement purposes and contained in a shared electronic
12    record management system if the law enforcement agency that
13    is the recipient of the request did not create the record,
14    did not participate in or have a role in any of the events
15    which are the subject of the record, and only has access to
16    the record through the shared electronic record management
17    system.
18        (d-6) Materials gathered in connection with a grand
19    jury proceeding or documents contained within the
20    prosecution trial file, except as may be allowed under
21    discovery rules adopted by the Illinois Supreme Court.
22        (e) Records that relate to or affect the security of
23    correctional institutions and detention facilities.
24        (e-5) Records requested by persons committed to the
25    Department of Corrections, Department of Human Services
26    Division of Mental Health, or a county jail if those



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1    materials are available in the library of the correctional
2    institution or facility or jail where the inmate is
3    confined.
4        (e-6) Records requested by persons committed to the
5    Department of Corrections, Department of Human Services
6    Division of Mental Health, or a county jail if those
7    materials include records from staff members' personnel
8    files, staff rosters, or other staffing assignment
9    information.
10        (e-7) Records requested by persons committed to the
11    Department of Corrections or Department of Human Services
12    Division of Mental Health if those materials are available
13    through an administrative request to the Department of
14    Corrections or Department of Human Services Division of
15    Mental Health.
16        (e-8) Records requested by a person committed to the
17    Department of Corrections, Department of Human Services
18    Division of Mental Health, or a county jail, the disclosure
19    of which would result in the risk of harm to any person or
20    the risk of an escape from a jail or correctional
21    institution or facility.
22        (e-9) Records requested by a person in a county jail or
23    committed to the Department of Corrections or Department of
24    Human Services Division of Mental Health, containing
25    personal information pertaining to the person's victim or
26    the victim's family, including, but not limited to, a



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1    victim's home address, home telephone number, work or
2    school address, work telephone number, social security
3    number, or any other identifying information, except as may
4    be relevant to a requester's current or potential case or
5    claim.
6        (e-10) Law enforcement records of other persons
7    requested by a person committed to the Department of
8    Corrections, Department of Human Services Division of
9    Mental Health, or a county jail, including, but not limited
10    to, arrest and booking records, mug shots, and crime scene
11    photographs, except as these records may be relevant to the
12    requester's current or potential case or claim.
13        (f) Preliminary drafts, notes, recommendations,
14    memoranda and other records in which opinions are
15    expressed, or policies or actions are formulated, except
16    that a specific record or relevant portion of a record
17    shall not be exempt when the record is publicly cited and
18    identified by the head of the public body. The exemption
19    provided in this paragraph (f) extends to all those records
20    of officers and agencies of the General Assembly that
21    pertain to the preparation of legislative documents.
22        (g) Trade secrets and commercial or financial
23    information obtained from a person or business where the
24    trade secrets or commercial or financial information are
25    furnished under a claim that they are proprietary,
26    privileged or confidential, and that disclosure of the



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1    trade secrets or commercial or financial information would
2    cause competitive harm to the person or business, and only
3    insofar as the claim directly applies to the records
4    requested.
5        The information included under this exemption includes
6    all trade secrets and commercial or financial information
7    obtained by a public body, including a public pension fund,
8    from a private equity fund or a privately held company
9    within the investment portfolio of a private equity fund as
10    a result of either investing or evaluating a potential
11    investment of public funds in a private equity fund. The
12    exemption contained in this item does not apply to the
13    aggregate financial performance information of a private
14    equity fund, nor to the identity of the fund's managers or
15    general partners. The exemption contained in this item does
16    not apply to the identity of a privately held company
17    within the investment portfolio of a private equity fund,
18    unless the disclosure of the identity of a privately held
19    company may cause competitive harm.
20        Nothing contained in this paragraph (g) shall be
21    construed to prevent a person or business from consenting
22    to disclosure.
23        (h) Proposals and bids for any contract, grant, or
24    agreement, including information which if it were
25    disclosed would frustrate procurement or give an advantage
26    to any person proposing to enter into a contractor



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1    agreement with the body, until an award or final selection
2    is made. Information prepared by or for the body in
3    preparation of a bid solicitation shall be exempt until an
4    award or final selection is made.
5        (i) Valuable formulae, computer geographic systems,
6    designs, drawings and research data obtained or produced by
7    any public body when disclosure could reasonably be
8    expected to produce private gain or public loss. The
9    exemption for "computer geographic systems" provided in
10    this paragraph (i) does not extend to requests made by news
11    media as defined in Section 2 of this Act when the
12    requested information is not otherwise exempt and the only
13    purpose of the request is to access and disseminate
14    information regarding the health, safety, welfare, or
15    legal rights of the general public.
16        (j) The following information pertaining to
17    educational matters:
18            (i) test questions, scoring keys and other
19        examination data used to administer an academic
20        examination;
21            (ii) information received by a primary or
22        secondary school, college, or university under its
23        procedures for the evaluation of faculty members by
24        their academic peers;
25            (iii) information concerning a school or
26        university's adjudication of student disciplinary



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1        cases, but only to the extent that disclosure would
2        unavoidably reveal the identity of the student; and
3            (iv) course materials or research materials used
4        by faculty members.
5        (k) Architects' plans, engineers' technical
6    submissions, and other construction related technical
7    documents for projects not constructed or developed in
8    whole or in part with public funds and the same for
9    projects constructed or developed with public funds,
10    including but not limited to power generating and
11    distribution stations and other transmission and
12    distribution facilities, water treatment facilities,
13    airport facilities, sport stadiums, convention centers,
14    and all government owned, operated, or occupied buildings,
15    but only to the extent that disclosure would compromise
16    security.
17        (l) Minutes of meetings of public bodies closed to the
18    public as provided in the Open Meetings Act until the
19    public body makes the minutes available to the public under
20    Section 2.06 of the Open Meetings Act.
21        (m) Communications between a public body and an
22    attorney or auditor representing the public body that would
23    not be subject to discovery in litigation, and materials
24    prepared or compiled by or for a public body in
25    anticipation of a criminal, civil or administrative
26    proceeding upon the request of an attorney advising the



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1    public body, and materials prepared or compiled with
2    respect to internal audits of public bodies.
3        (n) Records relating to a public body's adjudication of
4    employee grievances or disciplinary cases; however, this
5    exemption shall not extend to the final outcome of cases in
6    which discipline is imposed.
7        (o) Administrative or technical information associated
8    with automated data processing operations, including but
9    not limited to software, operating protocols, computer
10    program abstracts, file layouts, source listings, object
11    modules, load modules, user guides, documentation
12    pertaining to all logical and physical design of
13    computerized systems, employee manuals, and any other
14    information that, if disclosed, would jeopardize the
15    security of the system or its data or the security of
16    materials exempt under this Section.
17        (p) Records relating to collective negotiating matters
18    between public bodies and their employees or
19    representatives, except that any final contract or
20    agreement shall be subject to inspection and copying.
21        (q) Test questions, scoring keys, and other
22    examination data used to determine the qualifications of an
23    applicant for a license or employment.
24        (r) The records, documents, and information relating
25    to real estate purchase negotiations until those
26    negotiations have been completed or otherwise terminated.



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1    With regard to a parcel involved in a pending or actually
2    and reasonably contemplated eminent domain proceeding
3    under the Eminent Domain Act, records, documents and
4    information relating to that parcel shall be exempt except
5    as may be allowed under discovery rules adopted by the
6    Illinois Supreme Court. The records, documents and
7    information relating to a real estate sale shall be exempt
8    until a sale is consummated.
9        (s) Any and all proprietary information and records
10    related to the operation of an intergovernmental risk
11    management association or self-insurance pool or jointly
12    self-administered health and accident cooperative or pool.
13    Insurance or self insurance (including any
14    intergovernmental risk management association or self
15    insurance pool) claims, loss or risk management
16    information, records, data, advice or communications.
17        (t) Information contained in or related to
18    examination, operating, or condition reports prepared by,
19    on behalf of, or for the use of a public body responsible
20    for the regulation or supervision of financial
21    institutions or insurance companies, unless disclosure is
22    otherwise required by State law.
23        (u) Information that would disclose or might lead to
24    the disclosure of secret or confidential information,
25    codes, algorithms, programs, or private keys intended to be
26    used to create electronic or digital signatures under the



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1    Electronic Commerce Security Act.
2        (v) Vulnerability assessments, security measures, and
3    response policies or plans that are designed to identify,
4    prevent, or respond to potential attacks upon a community's
5    population or systems, facilities, or installations, the
6    destruction or contamination of which would constitute a
7    clear and present danger to the health or safety of the
8    community, but only to the extent that disclosure could
9    reasonably be expected to jeopardize the effectiveness of
10    the measures or the safety of the personnel who implement
11    them or the public. Information exempt under this item may
12    include such things as details pertaining to the
13    mobilization or deployment of personnel or equipment, to
14    the operation of communication systems or protocols, or to
15    tactical operations.
16        (w) (Blank).
17        (x) Maps and other records regarding the location or
18    security of generation, transmission, distribution,
19    storage, gathering, treatment, or switching facilities
20    owned by a utility, by a power generator, or by the
21    Illinois Power Agency.
22        (y) Information contained in or related to proposals,
23    bids, or negotiations related to electric power
24    procurement under Section 1-75 of the Illinois Power Agency
25    Act and Section 16-111.5 of the Public Utilities Act that
26    is determined to be confidential and proprietary by the



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1    Illinois Power Agency or by the Illinois Commerce
2    Commission.
3        (z) Information about students exempted from
4    disclosure under Sections 10-20.38 or 34-18.29 of the
5    School Code, and information about undergraduate students
6    enrolled at an institution of higher education exempted
7    from disclosure under Section 25 of the Illinois Credit
8    Card Marketing Act of 2009.
9        (aa) Information the disclosure of which is exempted
10    under the Viatical Settlements Act of 2009.
11        (bb) Records and information provided to a mortality
12    review team and records maintained by a mortality review
13    team appointed under the Department of Juvenile Justice
14    Mortality Review Team Act.
15        (cc) Information regarding interments, entombments, or
16    inurnments of human remains that are submitted to the
17    Cemetery Oversight Database under the Cemetery Care Act or
18    the Cemetery Oversight Act, whichever is applicable.
19        (dd) Correspondence and records (i) that may not be
20    disclosed under Section 11-9 of the Illinois Public Aid
21    Code or (ii) that pertain to appeals under Section 11-8 of
22    the Illinois Public Aid Code.
23        (ee) The names, addresses, or other personal
24    information of persons who are minors and are also
25    participants and registrants in programs of park
26    districts, forest preserve districts, conservation



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1    districts, recreation agencies, and special recreation
2    associations.
3        (ff) The names, addresses, or other personal
4    information of participants and registrants in programs of
5    park districts, forest preserve districts, conservation
6    districts, recreation agencies, and special recreation
7    associations where such programs are targeted primarily to
8    minors.
9        (gg) Confidential information described in Section
10    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
11        (hh) The report submitted to the State Board of
12    Education by the School Security and Standards Task Force
13    under item (8) of subsection (d) of Section 2-3.160 of the
14    School Code and any information contained in that report.
15        (ii) Records requested by persons committed to or
16    detained by the Department of Human Services under the
17    Sexually Violent Persons Commitment Act or committed to the
18    Department of Corrections under the Sexually Dangerous
19    Persons Act if those materials: (i) are available in the
20    library of the facility where the individual is confined;
21    (ii) include records from staff members' personnel files,
22    staff rosters, or other staffing assignment information;
23    or (iii) are available through an administrative request to
24    the Department of Human Services or the Department of
25    Corrections.
26        (jj) Confidential information described in Section



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1    5-535 of the Civil Administrative Code of Illinois.
2    (1.5) Any information exempt from disclosure under the
3Judicial Privacy Act shall be redacted from public records
4prior to disclosure under this Act.
5    (2) A public record that is not in the possession of a
6public body but is in the possession of a party with whom the
7agency has contracted to perform a governmental function on
8behalf of the public body, and that directly relates to the
9governmental function and is not otherwise exempt under this
10Act, shall be considered a public record of the public body,
11for purposes of this Act.
12    (3) This Section does not authorize withholding of
13information or limit the availability of records to the public,
14except as stated in this Section or otherwise provided in this
16(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642,
17eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
18100-732, eff. 8-3-18.)".