093_HB0954sam001











                                     LRB093 05765 JAM 15424 a

 1                     AMENDMENT TO HOUSE BILL 954

 2        AMENDMENT NO.     .  Amend House Bill  954  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Open Meetings Act is amended by changing
 5    Section 2 as follows:

 6        (5 ILCS 120/2) (from Ch. 102, par. 42)
 7        Sec. 2.  Open meetings.
 8        (a)  Openness  required.   All  meetings of public bodies
 9    shall be open to the public unless excepted in subsection (c)
10    and closed in accordance with Section 2a.
11        (b)  Construction   of   exceptions.    The    exceptions
12    contained   in  subsection  (c)  are  in  derogation  of  the
13    requirement  that  public  bodies  meet  in  the  open,   and
14    therefore,  the  exceptions  are  to  be  strictly construed,
15    extending only to subjects clearly within their scope.    The
16    exceptions  authorize  but  do  not  require the holding of a
17    closed meeting  to  discuss  a  subject  included  within  an
18    enumerated exception.
19        (c)  Exceptions.   A public body may hold closed meetings
20    to consider the following subjects:
21             (1)  The  appointment,   employment,   compensation,
22        discipline,   performance,   or   dismissal  of  specific
 
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 1        employees of the public body, including hearing testimony
 2        on a complaint lodged against an  employee  to  determine
 3        its validity.
 4             (2)  Collective   negotiating  matters  between  the
 5        public body and its employees or  their  representatives,
 6        or  deliberations  concerning salary schedules for one or
 7        more classes of employees.
 8             (3)  The selection of a  person  to  fill  a  public
 9        office,  as defined in this Act, including a vacancy in a
10        public office, when the public body  is  given  power  to
11        appoint  under  law  or  ordinance,  or  the  discipline,
12        performance  or  removal  of  the  occupant  of  a public
13        office, when the public body is given power to remove the
14        occupant under law or ordinance.
15             (4)  Evidence  or  testimony   presented   in   open
16        hearing,   or   in   closed  hearing  where  specifically
17        authorized by  law,  to  a  quasi-adjudicative  body,  as
18        defined  in this Act, provided that the body prepares and
19        makes available for public inspection a written  decision
20        setting forth its determinative reasoning.
21             (5)  The  purchase or lease of real property for the
22        use of the public body, including meetings held  for  the
23        purpose  of discussing whether a particular parcel should
24        be acquired.
25             (6)  The setting of a price for  sale  or  lease  of
26        property owned by the public body.
27             (7)  The    sale    or   purchase   of   securities,
28        investments, or investment contracts.
29             (8)  Security procedures and the  use  of  personnel
30        and equipment to respond to an actual, a threatened, or a
31        reasonably  potential  danger to the safety of employees,
32        students, staff, the public,  or public property.
33             (9)  Student disciplinary cases.
34             (10)  The  placement  of  individual   students   in
 
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 1        special  education programs and other matters relating to
 2        individual students.
 3             (11)  Litigation, when an action against,  affecting
 4        or on behalf of the particular public body has been filed
 5        and is pending before a court or administrative tribunal,
 6        or  when the public body finds that an action is probable
 7        or imminent, in which case  the  basis  for  the  finding
 8        shall  be  recorded  and  entered into the minutes of the
 9        closed meeting.
10             (12)  The establishment of reserves or settlement of
11        claims  as  provided  in  the  Local   Governmental   and
12        Governmental  Employees  Tort  Immunity Act, if otherwise
13        the disposition of a claim or potential  claim  might  be
14        prejudiced,  or  the review or discussion of claims, loss
15        or risk management information, records, data, advice  or
16        communications from or with respect to any insurer of the
17        public  body  or  any  intergovernmental  risk management
18        association or self insurance pool of  which  the  public
19        body is a member.
20             (13)  Conciliation  of  complaints of discrimination
21        in the sale or rental of housing,  when  closed  meetings
22        are  authorized  by the law or ordinance prescribing fair
23        housing  practices   and   creating   a   commission   or
24        administrative agency for their enforcement.
25             (14)  Informant sources, the hiring or assignment of
26        undercover  personnel  or equipment, or ongoing, prior or
27        future  criminal  investigations,  when  discussed  by  a
28        public body with criminal investigatory responsibilities.
29             (15)  Professional  ethics   or   performance   when
30        considered  by  an  advisory  body  appointed to advise a
31        licensing or regulatory agency on matters germane to  the
32        advisory body's field of competence.
33             (16)  Self  evaluation,  practices and procedures or
34        professional ethics, when meeting with  a  representative
 
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 1        of  a statewide association of which the public body is a
 2        member.
 3             (17)  The recruitment, credentialing, discipline  or
 4        formal  peer  review  of  physicians or other health care
 5        professionals  for  a  hospital,  or  other   institution
 6        providing  medical  care,  that is operated by the public
 7        body.
 8             (18)  Deliberations for decisions  of  the  Prisoner
 9        Review Board.
10             (19)  Review  or discussion of applications received
11        under the Experimental Organ  Transplantation  Procedures
12        Act.
13             (20)  The  classification  and discussion of matters
14        classified as confidential or continued  confidential  by
15        the State Employees Suggestion Award Board.
16             (21)  Discussion  of  minutes  of  meetings lawfully
17        closed under this Act, whether for purposes  of  approval
18        by  the  body of the minutes or semi-annual review of the
19        minutes as mandated by Section 2.06.
20             (22)  Deliberations  for  decisions  of  the   State
21        Emergency Medical Services Disciplinary Review Board.
22             (23)  The operation by a municipality of a municipal
23        utility  or  the operation of a municipal power agency or
24        municipal natural gas agency when the discussion involves
25        (i) contracts relating to the purchase, sale, or delivery
26        of electricity or natural gas  or  (ii)  the  results  or
27        conclusions of load forecast studies.

28        (d)  Definitions.  For purposes of this Section:
29        "Employee" means a person employed by a public body whose
30    relationship    with   the   public   body   constitutes   an
31    employer-employee relationship under  the  usual  common  law
32    rules, and who is not an independent contractor.
33        "Public  office" means a position created by or under the
34    Constitution or laws of this State, the occupant of which  is
 
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 1    charged  with  the  exercise of some portion of the sovereign
 2    power of this State. The term "public office"  shall  include
 3    members  of  the  public  body,  but  it  shall  not  include
 4    organizational  positions  filled by members thereof, whether
 5    established by law or by a public body itself, that exist  to
 6    assist the body in the conduct of its business.
 7        "Quasi-adjudicative  body"  means  an administrative body
 8    charged by  law  or  ordinance  with  the  responsibility  to
 9    conduct  hearings,  receive  evidence  or  testimony and make
10    determinations based thereon,  but  does  not  include  local
11    electoral  boards  when  such bodies are considering petition
12    challenges.
13        (e)  Final action.  No final action may  be  taken  at  a
14    closed  meeting.  Final  action shall be preceded by a public
15    recital of the nature of  the  matter  being  considered  and
16    other information that will inform the public of the business
17    being conducted.
18    (Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.)

19        Section 10.  The Freedom of Information Act is amended by
20    changing Section 7 as follows:

21        (5 ILCS 140/7) (from Ch. 116, par. 207)
22        Sec. 7.  Exemptions.
23        (1)  The  following  shall  be exempt from inspection and
24    copying:
25             (a)  Information   specifically   prohibited    from
26        disclosure   by   federal  or  State  law  or  rules  and
27        regulations adopted under federal or State law.
28             (b)  Information   that,   if    disclosed,    would
29        constitute  a  clearly  unwarranted  invasion of personal
30        privacy, unless the disclosure is consented to in writing
31        by the  individual  subjects  of  the  information.   The
32        disclosure of information that bears on the public duties
 
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 1        of public employees and officials shall not be considered
 2        an  invasion  of  personal privacy.  Information exempted
 3        under this  subsection  (b)  shall  include  but  is  not
 4        limited to:
 5                  (i)  files  and personal information maintained
 6             with  respect  to  clients,   patients,   residents,
 7             students  or  other  individuals  receiving  social,
 8             medical,    educational,    vocational,   financial,
 9             supervisory or custodial care or  services  directly
10             or   indirectly  from  federal  agencies  or  public
11             bodies;
12                  (ii)  personnel files and personal  information
13             maintained  with respect to employees, appointees or
14             elected officials of any public body  or  applicants
15             for those positions;
16                  (iii)  files     and    personal    information
17             maintained with respect to any applicant, registrant
18             or licensee by any public body cooperating  with  or
19             engaged     in    professional    or    occupational
20             registration, licensure or discipline;
21                  (iv)  information required of any  taxpayer  in
22             connection  with the assessment or collection of any
23             tax unless disclosure is otherwise required by State
24             statute; and
25                  (v)  information  revealing  the  identity   of
26             persons   who   file   complaints  with  or  provide
27             information to  administrative,  investigative,  law
28             enforcement  or  penal  agencies; provided, however,
29             that  identification   of   witnesses   to   traffic
30             accidents,  traffic  accident  reports,  and  rescue
31             reports   may  be  provided  by  agencies  of  local
32             government, except in a case for  which  a  criminal
33             investigation  is  ongoing,  without  constituting a
34             clearly unwarranted  per  se  invasion  of  personal
 
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 1             privacy under this subsection.
 2             (c)  Records   compiled   by  any  public  body  for
 3        administrative  enforcement  proceedings  and   any   law
 4        enforcement  or  correctional  agency for law enforcement
 5        purposes or for internal matters of a  public  body,  but
 6        only to the extent that disclosure would:
 7                  (i)  interfere  with  pending  or  actually and
 8             reasonably contemplated law enforcement  proceedings
 9             conducted  by  any  law  enforcement or correctional
10             agency;
11                  (ii)  interfere  with  pending   administrative
12             enforcement  proceedings  conducted  by  any  public
13             body;
14                  (iii)  deprive  a  person of a fair trial or an
15             impartial hearing;
16                  (iv)  unavoidably disclose the  identity  of  a
17             confidential   source  or  confidential  information
18             furnished only by the confidential source;
19                  (v)  disclose     unique     or     specialized
20             investigative techniques other than those  generally
21             used  and  known  or  disclose internal documents of
22             correctional   agencies   related   to    detection,
23             observation  or  investigation of incidents of crime
24             or misconduct;
25                  (vi)  constitute  an   invasion   of   personal
26             privacy under subsection (b) of this Section;
27                  (vii)  endanger  the life or physical safety of
28             law enforcement personnel or any other person; or
29                  (viii)  obstruct    an     ongoing     criminal
30             investigation.
31             (d)  Criminal  history record information maintained
32        by State or local criminal justice agencies,  except  the
33        following  which  shall be open for public inspection and
34        copying:
 
                            -8-      LRB093 05765 JAM 15424 a
 1                  (i)  chronologically     maintained      arrest
 2             information,  such  as  traditional  arrest  logs or
 3             blotters;
 4                  (ii)  the name of a person in the custody of  a
 5             law  enforcement  agency  and  the charges for which
 6             that person is being held;
 7                  (iii)  court records that are public;
 8                  (iv)  records  that  are  otherwise   available
 9             under State or local law; or
10                  (v)  records  in  which the requesting party is
11             the individual identified, except as provided  under
12             part  (vii)  of  paragraph  (c) of subsection (1) of
13             this Section.
14             "Criminal history  record  information"  means  data
15        identifiable   to   an   individual   and  consisting  of
16        descriptions  or  notations   of   arrests,   detentions,
17        indictments, informations, pre-trial proceedings, trials,
18        or  other formal events in the criminal justice system or
19        descriptions or notations of criminal charges  (including
20        criminal  violations  of  local municipal ordinances) and
21        the  nature  of  any   disposition   arising   therefrom,
22        including  sentencing, court or correctional supervision,
23        rehabilitation and release.  The term does not  apply  to
24        statistical  records and reports in which individuals are
25        not identified and from which their  identities  are  not
26        ascertainable,  or  to  information  that is for criminal
27        investigative or intelligence purposes.
28             (e)  Records that relate to or affect  the  security
29        of correctional institutions and detention facilities.
30             (f)  Preliminary   drafts,  notes,  recommendations,
31        memoranda  and  other  records  in  which  opinions   are
32        expressed,  or policies or actions are formulated, except
33        that a specific record or relevant portion  of  a  record
34        shall not be exempt when the record is publicly cited and
 
                            -9-      LRB093 05765 JAM 15424 a
 1        identified  by the head of the public body. The exemption
 2        provided in this  paragraph  (f)  extends  to  all  those
 3        records  of officers and agencies of the General Assembly
 4        that pertain to the preparation of legislative documents.
 5             (g)  Trade  secrets  and  commercial  or   financial
 6        information  obtained from a person or business where the
 7        trade secrets or information are proprietary,  privileged
 8        or confidential, or where disclosure of the trade secrets
 9        or  information may cause competitive harm, including all
10        information determined to be confidential  under  Section
11        4002  of  the Technology Advancement and Development Act.
12        Nothing  contained  in  this  paragraph  (g)   shall   be
13        construed to prevent a person or business from consenting
14        to disclosure.
15             (h)  Proposals  and bids for any contract, grant, or
16        agreement,  including  information  which  if   it   were
17        disclosed   would   frustrate   procurement  or  give  an
18        advantage  to  any  person  proposing  to  enter  into  a
19        contractor agreement with the body,  until  an  award  or
20        final  selection is made.  Information prepared by or for
21        the body in preparation of a bid  solicitation  shall  be
22        exempt until an award or final selection is made.
23             (i)  Valuable formulae, computer geographic systems,
24        designs,  drawings and research data obtained or produced
25        by any public body when disclosure  could  reasonably  be
26        expected to produce private gain or public loss.
27             (j)  Test   questions,   scoring   keys   and  other
28        examination  data  used   to   administer   an   academic
29        examination   or  determined  the  qualifications  of  an
30        applicant for a license or employment.
31             (k)  Architects'  plans,  and  engineers'  technical
32        submissions, and  other  construction  related  technical
33        documents  for  projects  not constructed or developed in
34        whole or in part with  public  funds  and  the  same  for
 
                            -10-     LRB093 05765 JAM 15424 a
 1        projects  constructed or developed with public funds, but
 2        only to  the  extent  that  disclosure  would  compromise
 3        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
 
                            -11-     LRB093 05765 JAM 15424 a
 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
 
                            -12-     LRB093 05765 JAM 15424 a
 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
 
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 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)  Vulnerability assessments, security  measures,
31        and  response  policies  or  plans  that  are designed to
32        identify, prevent, or respond to potential attacks upon a
33        community's  population  or   systems,   facilities,   or
34        installations,  the destruction or contamination of which
 
                            -14-     LRB093 05765 JAM 15424 a
 1        would constitute a clear and present danger to the health
 2        or safety of the community, but only to the  extent  that
 3        disclosure could reasonably be expected to jeopardize the
 4        effectiveness  of  the  measures  or  the  safety  of the
 5        personnel who implement them or the public.   Information
 6        exempt under this item may include such things as details
 7        pertaining to the mobilization or deployment of personnel
 8        or  equipment,  to the operation of communication systems
 9        or protocols, or to tactical operations.
10             (mm)  Maps and other records regarding the  location
11        or  security  of  a  utility's  generation, transmission,
12        distribution, storage, gathering, treatment, or switching
13        facilities.
14        (2)  This  Section  does  not  authorize  withholding  of
15    information or limit  the  availability  of  records  to  the
16    public,  except  as  stated  in  this  Section  or  otherwise
17    provided in this Act.
18    (Source:  P.A.  91-137,  eff.  7-16-99; 91-357, eff. 7-29-99;
19    91-660, eff. 12-22-99;  92-16,  eff.  6-28-01;  92-241,  eff.
20    8-3-01;  92-281,  eff.  8-7-01; 92-645, eff. 7-11-02; 92-651,
21    eff. 7-11-02.)

22        Section 99.  Effective date. This Act takes  effect  upon
23    becoming law.".