Full Text of HB1308 94th General Assembly
HB1308ham001 94TH GENERAL ASSEMBLY
|
Rep. Constance A. Howard
Filed: 4/12/2005
|
|
09400HB1308ham001 |
|
LRB094 05718 WGH 45006 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 1308
| 2 |
| AMENDMENT NO. ______. Amend House Bill 1308 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 1. Short title. This Act may be cited as the | 5 |
| State Services
Accountability Act.
| 6 |
| Section 5. Legislative findings and declaration of policy. | 7 |
| (a) The purpose of this Act is to set forth a program to
| 8 |
| better provide services and public works to the
citizens of | 9 |
| Illinois by ensuring that tax dollars
expended for services or | 10 |
| public works are
properly used for their allocated purpose. The | 11 |
| State of
Illinois enters into reimbursement agreements and
| 12 |
| contracts with and provides grants to private entities
| 13 |
| (contractors and grantees) for the purpose of providing
| 14 |
| services and building or enhancing public works for the | 15 |
| citizens of Illinois.
The State of Illinois enters into these | 16 |
| contracts and provides these grants to
provide quality services | 17 |
| and public works for the citizens of Illinois.
| 18 |
| (b) The General Assembly finds that the tax dollars | 19 |
| appropriated for public services and public works should not be | 20 |
| used to
conduct campaigns aimed at influencing the decision of | 21 |
| employees to be represented or not to be represented by an | 22 |
| employee organization.
| 23 |
| (c) The State of
Illinois shall protect its tax dollars and | 24 |
| ensure that they are being used for the purposes allocated by |
|
|
|
09400HB1308ham001 |
- 2 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| prohibiting its
contractors or grantees from using State | 2 |
| funding to influence the decision of
any of its employees to be | 3 |
| represented or not be represented by a union.
| 4 |
| (d) This Act is intended solely as a limitation on the | 5 |
| permissible uses of
State appropriations. It is not intended to | 6 |
| expand, limit, or in any manner
affect
existing rights or | 7 |
| duties of employers, employees, or labor organizations under
| 8 |
| the National Labor Relations Act or other federal law affecting | 9 |
| labor
relations.
| 10 |
| Section 10. Definitions. As used in this Act:
| 11 |
| "Contractor or grantee" means an individual or entity,
| 12 |
| other than the State of Illinois, a State agency, or a
| 13 |
| political subdivision of the State of Illinois, which has a | 14 |
| reimbursement
agreement or contractual or other
relationship | 15 |
| with or has received moneys from the State
of Illinois or a | 16 |
| State agency to provide
services, or public works which | 17 |
| reimbursement
agreement, contract, or grant is funded in whole | 18 |
| or in part by the State of
Illinois, or through the Medicaid
| 19 |
| program of the State of Illinois.
| 20 |
| "Contractor" includes a subcontractor and a contractor of a | 21 |
| grantee and
any other entity, other than a unit of local | 22 |
| government or a school district,
that receives State funds for | 23 |
| supplying services or
public works pursuant to a written | 24 |
| contract with the State or any of its
agencies and which is | 25 |
| controlled in whole or in part by the contractor or an
entity | 26 |
| in which the contractor has a substantial beneficial interest.
| 27 |
| "Department" means the Department of Labor.
| 28 |
| "Grantee" includes a sub-grantee and a grantee of a
| 29 |
| contractor and any other entity which provides
to the State of | 30 |
| Illinois or any of its agencies services or public works | 31 |
| controlled in whole or in part
by the grantee, or an entity in | 32 |
| which the grantee has a
substantial beneficial interest.
| 33 |
| "Employee" means a person employed by a contractor or
|
|
|
|
09400HB1308ham001 |
- 3 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| grantee other than a person employed in a bona fide
supervisory | 2 |
| or managerial position as defined by applicable law.
| 3 |
| "Labor organization", "employee representative", "employee | 4 |
| organization", or "union" means an
organization or union of any | 5 |
| kind in which
employees
participate and which exists for the
| 6 |
| purpose, in whole or in part, of representing employees
| 7 |
| concerning grievances, labor disputes, wages, rates of
pay, | 8 |
| benefits, hours of employment, or working conditions.
| 9 |
| "State agency" includes the State and every State agency, | 10 |
| department, board,
or
commission.
| 11 |
| "State funds" means any money
provided by the State of | 12 |
| Illinois or a State agency.
| 13 |
| "Public works" has the meaning ascribed to that term in | 14 |
| Section 2 of the Prevailing Wage Act.
| 15 |
| "Public body" means the State or any officer, board or
| 16 |
| commission of the State or any political subdivision or
| 17 |
| department thereof, or any entity supported in whole or in part | 18 |
| by public
funds, authorized by law to
construct public works or | 19 |
| to enter into any contract for the construction of
public | 20 |
| works, and includes every county, city, town, village, | 21 |
| township, school
district, irrigation, utility, reclamation | 22 |
| improvement or other district and
every other political | 23 |
| subdivision, district, or municipality of the State
whether | 24 |
| such political subdivision, municipality, or district operates | 25 |
| under a
special charter or not.
| 26 |
| Section 12. Applicability. This Act does not apply to the | 27 |
| following:
| 28 |
| (1) any contract or grant that has a value of less than | 29 |
| $25,000; or
| 30 |
| (2) any contractor or grantee that receives at least | 31 |
| 85% of its total
revenues from sources other than the State | 32 |
| of Illinois.
| 33 |
| The dollar amount in this Section shall be updated |
|
|
|
09400HB1308ham001 |
- 4 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| annually, beginning on
January 20, 2007, by a percentage equal | 2 |
| to the change in the consumer price
index-u during the | 3 |
| preceding 12-month calendar year. "Consumer price index-u"
| 4 |
| means the index published by the Bureau of Labor
Statistics of | 5 |
| the United States Department of Labor that measures the average
| 6 |
| change in prices of goods and services purchased by all urban | 7 |
| consumers,
United States city average, all items, 1982-84=100. | 8 |
| The new amount resulting
from each annual adjustment shall be | 9 |
| determined by the Illinois Department of
Labor and made | 10 |
| available to the public on January 20 of every year.
| 11 |
| Section 15. Policy requirements.
| 12 |
| (a) A contractor or grantee may not use State funds to | 13 |
| influence the decision of any of its employees to be | 14 |
| represented or not to be represented by an employee | 15 |
| organization. Such expenditures include, but are not limited | 16 |
| to, the cost of: preparing literature or other similar | 17 |
| communications to employees for this purpose; the hiring of | 18 |
| vendors, including lawyers
and consultants, for this purpose; | 19 |
| and the use of work time for meetings, including meetings of | 20 |
| and with supervisors and managerial employees, for this | 21 |
| purpose. Such activities are not proscribed, but rather, | 22 |
| contractors and grantees are prohibited from using State funds | 23 |
| to pay for such activities.
| 24 |
| (b) A contractor or grantee shall certify as part
of any | 25 |
| State contract, grant, or reimbursement agreement that it will | 26 |
| not use
State funds to influence
the decision of any of its | 27 |
| employees to be represented or
not be represented by a labor | 28 |
| organization.
| 29 |
| (c) A contractor or grantee may not receive a contract or
| 30 |
| grant to provide services or public works for
the citizens of | 31 |
| the State of Illinois unless the
contractor or grantee has | 32 |
| agreed to provide certification under subsection (b).
| 33 |
| (d) Any reimbursement agreement, contract, or grant |
|
|
|
09400HB1308ham001 |
- 5 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| entered
into by and between a contractor or a grantee and the
| 2 |
| State of Illinois or a State agency to provide
services or | 3 |
| public works shall include a certification under subsection (b)
| 4 |
| and an agreement by the contractor or grantee to comply with | 5 |
| the terms of the
certification under subsection (b).
| 6 |
| (e) A contractor or grantee entering into a contract with
| 7 |
| any person or entity, such as a subcontractor, to provide | 8 |
| services or
public works directly subject to, and primarily for | 9 |
| the purpose of performing,
the contract or grant agreement
| 10 |
| between the contractor or grantee and the State of
Illinois or | 11 |
| a State agency shall include in the contract or grant agreement | 12 |
| a
certification under subsection (b) and an agreement to comply | 13 |
| with the terms of the certification under subsection (b).
| 14 |
| Section 20. Enforcement.
| 15 |
| (a) Any taxpayer, employee, or employee representative may | 16 |
| file a
complaint with the Department of Labor against a | 17 |
| contractor or grantee covered
under this Act if the taxpayer, | 18 |
| employee, or employee representative believes
in
good faith | 19 |
| that the contractor or grantee has expended funds in violation | 20 |
| of
this
Act. For the purposes of this Section, a complainant is | 21 |
| presumed to act in good
faith if the complainant reasonably | 22 |
| believes that: (i) the information reported
or
disclosed to the | 23 |
| complainant is true; and (ii) a violation has occurred. A
| 24 |
| complainant is not acting in good faith under this Section if | 25 |
| the complaint is
based on information that the complainant | 26 |
| reasonably should know is false or
misleading with respect to | 27 |
| the occurrence of a violation, or if the complainant
has
reason | 28 |
| to believe another party has filed a similar complaint within | 29 |
| the past
14
days.
| 30 |
| (b) Upon receipt of a complaint by the Department, the | 31 |
| Department shall
immediately notify the State agency that has | 32 |
| entered into the contract, grant,
or
reimbursement agreement | 33 |
| with respect to which the complainant has alleged an
|
|
|
|
09400HB1308ham001 |
- 6 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| expenditure of funds that violates this Act. The State agency | 2 |
| shall, within 5
business days, provide the Department with | 3 |
| copies of all documents in its
possession relevant to the | 4 |
| amount and sources of expenditures by the contractor
or grantee | 5 |
| under the contract, grant, or reimbursement agreement, and | 6 |
| shall
otherwise give full cooperation to the Department in all | 7 |
| aspects of the
Department's adjudication of the complaint. The | 8 |
| Department shall, within 3
business days after a complaint is | 9 |
| filed, provide the contractor or grantee
with a
copy of the | 10 |
| complaint by personal service or certified mail, together with
| 11 |
| notice to
the contractor or grantee that it must provide | 12 |
| records sufficient to show that no State funds were used to | 13 |
| influence the decision of any of its employees to be | 14 |
| represented or not to be represented by an employee | 15 |
| organization. The contractor or grantee shall provide the | 16 |
| records to
the
Department within 15 business days after the | 17 |
| contractor or grantee receives
notice from the Department, | 18 |
| unless the Department gives the contractor or
grantee an | 19 |
| extension of 10 business days to provide the records,
based | 20 |
| upon a showing of good cause for the extension. The Department | 21 |
| shall
keep confidential all proprietary records submitted by | 22 |
| contractors or
grantees, pursuant to the filing of a complaint | 23 |
| that is not subject to the
Freedom of Information Act or | 24 |
| relevant to the State contract. The Department
may not provide | 25 |
| these proprietary records to the opposing party, except as is
| 26 |
| necessary to investigate or prosecute a complaint, or to give | 27 |
| the complainant
the opportunity to provide additional, | 28 |
| supplemental, or rebuttal information or
evidence. These | 29 |
| proprietary records shall be subject to a protective order, if
| 30 |
| appropriate, to prohibit redisclosure. Following the last date | 31 |
| for receipt of
all required records,
the
Department shall | 32 |
| schedule an expedited hearing. The Department shall provide
the | 33 |
| parties to the hearing with at least 5 business days' advance | 34 |
| notice. At the conclusion of the hearing, the Department shall |
|
|
|
09400HB1308ham001 |
- 7 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| make a determination as to whether
the
contractor or grantee | 2 |
| has violated the Act by using State funds to influence the
| 3 |
| decision of
any of its employees to be represented or not | 4 |
| represented by a labor
organization. The hearing shall be | 5 |
| completed, and a decision rendered by the
Department, within 5 | 6 |
| business days. For good cause, the Department may
extend the | 7 |
| final date for issuing a decision by an additional 5 business | 8 |
| days.
The decision of the Department shall not include the | 9 |
| disclosure of proprietary records.
| 10 |
| (c) The Department shall immediately provide the Attorney | 11 |
| General with a
copy of its determination, together with a copy | 12 |
| of the full hearing record and all
documents submitted to the | 13 |
| Department by other State agencies and the
contractor or | 14 |
| grantee. Not earlier than 21 calendar days after the Department
| 15 |
| provides these documents, the Attorney General may take any | 16 |
| action that in the
sole judgment of the Attorney General is | 17 |
| necessary to enforce compliance with
the Act including, but not | 18 |
| limited to, a civil action for injunctive relief,
declaratory
| 19 |
| relief, damages, or penalties, or a combination of these | 20 |
| remedies.
Between the time that the Department makes a | 21 |
| determination and the earliest date
that the Attorney General | 22 |
| may file an action for enforcement of the Act, any
party
to the | 23 |
| hearing before the Department may provide the Attorney General | 24 |
| with
supplementary written information relevant to the issue of | 25 |
| whether an action
for enforcement should be filed. | 26 |
| (d) If the State of Illinois brings an enforcement action | 27 |
| for violation of
this
Act, any taxpayer, employee, or employee | 28 |
| representative
with a direct interest in compliance with
this | 29 |
| Act may join in that enforcement action as a real party in | 30 |
| interest. | 31 |
| (e) Remedies for violation of this Act include but are not
| 32 |
| limited to injunctive and declaratory relief, damages, and | 33 |
| penalties as provided below. In view of the
difficulty of | 34 |
| determining actual damages incurred because of a violation of
|
|
|
|
09400HB1308ham001 |
- 8 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| this Act, liquidated damages shall be awarded at the rate of | 2 |
| $1,000 for each
violation, plus an additional $500 for each day | 3 |
| the violation continues without
remedy. All damages shall inure | 4 |
| to the benefit of the State of Illinois. | 5 |
| Section 35. Construction of Act. Nothing in this Act shall | 6 |
| be construed to
make a contractor responsible for the actions | 7 |
| of a subcontractor.
| 8 |
| Section 90. Severability. The provisions of this Act are
| 9 |
| severable under Section 1.31 of the Statute on Statutes.
| 10 |
| Section 900.
The Freedom of Information Act is amended by | 11 |
| changing
Section 7 as follows:
| 12 |
| (5 ILCS 140/7) (from Ch. 116, par. 207) | 13 |
| Sec. 7. Exemptions.
| 14 |
| (1) The following shall be exempt from inspection and | 15 |
| copying:
| 16 |
| (a) Information specifically prohibited from | 17 |
| disclosure by federal or
State law or rules and regulations | 18 |
| adopted under federal or State law.
| 19 |
| (b) Information that, if disclosed, would constitute a | 20 |
| clearly
unwarranted invasion of personal privacy, unless | 21 |
| the disclosure is
consented to in writing by the individual | 22 |
| subjects of the information. The
disclosure of information | 23 |
| that bears on the public duties of public
employees and | 24 |
| officials shall not be considered an invasion of personal
| 25 |
| privacy. Information exempted under this subsection (b) | 26 |
| shall include but
is not limited to:
| 27 |
| (i) files and personal information maintained with | 28 |
| respect to
clients, patients, residents, students or | 29 |
| other individuals receiving
social, medical, | 30 |
| educational, vocational, financial, supervisory or
|
|
|
|
09400HB1308ham001 |
- 9 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| custodial care or services directly or indirectly from | 2 |
| federal agencies
or public bodies;
| 3 |
| (ii) personnel files and personal information | 4 |
| maintained with
respect to employees, appointees or | 5 |
| elected officials of any public body or
applicants for | 6 |
| those positions;
| 7 |
| (iii) files and personal information maintained | 8 |
| with respect to any
applicant, registrant or licensee | 9 |
| by any public body cooperating with or
engaged in | 10 |
| professional or occupational registration, licensure | 11 |
| or discipline;
| 12 |
| (iv) information required of any taxpayer in | 13 |
| connection with the
assessment or collection of any tax | 14 |
| unless disclosure is otherwise required
by State | 15 |
| statute;
| 16 |
| (v) information revealing the identity of persons | 17 |
| who file complaints
with or provide information to | 18 |
| administrative, investigative, law enforcement
or | 19 |
| penal agencies; provided, however, that identification | 20 |
| of witnesses to
traffic accidents, traffic accident | 21 |
| reports, and rescue reports may be provided
by agencies | 22 |
| of local government, except in a case for which a | 23 |
| criminal
investigation is ongoing, without | 24 |
| constituting a clearly unwarranted per se
invasion of | 25 |
| personal privacy under this subsection; and
| 26 |
| (vi) the names, addresses, or other personal | 27 |
| information of
participants and registrants in park | 28 |
| district, forest preserve district, and
conservation | 29 |
| district programs.
| 30 |
| (c) Records compiled by any public body for | 31 |
| administrative enforcement
proceedings and any law | 32 |
| enforcement or correctional agency for
law enforcement | 33 |
| purposes or for internal matters of a public body,
but only | 34 |
| to the extent that disclosure would:
|
|
|
|
09400HB1308ham001 |
- 10 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| (i) interfere with pending or actually and | 2 |
| reasonably contemplated
law enforcement proceedings | 3 |
| conducted by any law enforcement or correctional
| 4 |
| agency;
| 5 |
| (ii) interfere with pending administrative | 6 |
| enforcement proceedings
conducted by any public body;
| 7 |
| (iii) deprive a person of a fair trial or an | 8 |
| impartial hearing;
| 9 |
| (iv) unavoidably disclose the identity of a | 10 |
| confidential source or
confidential information | 11 |
| furnished only by the confidential source;
| 12 |
| (v) disclose unique or specialized investigative | 13 |
| techniques other than
those generally used and known or | 14 |
| disclose internal documents of
correctional agencies | 15 |
| related to detection, observation or investigation of
| 16 |
| incidents of crime or misconduct;
| 17 |
| (vi) constitute an invasion of personal privacy | 18 |
| under subsection (b) of
this Section;
| 19 |
| (vii) endanger the life or physical safety of law | 20 |
| enforcement personnel
or any other person; or
| 21 |
| (viii) obstruct an ongoing criminal investigation.
| 22 |
| (d) Criminal history record information maintained by | 23 |
| State or local
criminal justice agencies, except the | 24 |
| following which shall be open for
public inspection and | 25 |
| copying:
| 26 |
| (i) chronologically maintained arrest information, | 27 |
| such as traditional
arrest logs or blotters;
| 28 |
| (ii) the name of a person in the custody of a law | 29 |
| enforcement agency and
the charges for which that | 30 |
| person is being held;
| 31 |
| (iii) court records that are public;
| 32 |
| (iv) records that are otherwise available under | 33 |
| State or local law; or
| 34 |
| (v) records in which the requesting party is the |
|
|
|
09400HB1308ham001 |
- 11 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| individual
identified, except as provided under part | 2 |
| (vii) of
paragraph (c) of subsection (1) of this | 3 |
| Section.
| 4 |
| "Criminal history record information" means data | 5 |
| identifiable to an
individual and consisting of | 6 |
| descriptions or notations of arrests,
detentions, | 7 |
| indictments, informations, pre-trial proceedings, trials, | 8 |
| or
other formal events in the criminal justice system or | 9 |
| descriptions or
notations of criminal charges (including | 10 |
| criminal violations of local
municipal ordinances) and the | 11 |
| nature of any disposition arising therefrom,
including | 12 |
| sentencing, court or correctional supervision, | 13 |
| rehabilitation and
release. The term does not apply to | 14 |
| statistical records and reports in
which individuals are | 15 |
| not identified and from which
their identities are not | 16 |
| ascertainable, or to information that is for
criminal | 17 |
| investigative or intelligence purposes.
| 18 |
| (e) Records that relate to or affect the security of | 19 |
| correctional
institutions and detention facilities.
| 20 |
| (f) Preliminary drafts, notes, recommendations, | 21 |
| memoranda and other
records in which opinions are | 22 |
| expressed, or policies or actions are
formulated, except | 23 |
| that a specific record or relevant portion of a
record | 24 |
| shall not be exempt when the record is publicly cited
and | 25 |
| identified by the head of the public body. The exemption | 26 |
| provided in
this paragraph (f) extends to all those records | 27 |
| of officers and agencies
of the General Assembly that | 28 |
| pertain to the preparation of legislative
documents.
| 29 |
| (g) Trade secrets and commercial or financial | 30 |
| information obtained from
a person or business where the | 31 |
| trade secrets or information are
proprietary, privileged | 32 |
| or confidential, or where disclosure of the trade
secrets | 33 |
| or information may cause competitive harm, including all
| 34 |
| information determined to be confidential under the State |
|
|
|
09400HB1308ham001 |
- 12 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| Services
Accountability Act or Section 4002 of the
| 2 |
| Technology Advancement and Development Act. Nothing | 3 |
| contained in this
paragraph (g) shall be construed to | 4 |
| prevent a person or business from
consenting to disclosure.
| 5 |
| (h) Proposals and bids for any contract, grant, or | 6 |
| agreement, including
information which if it were | 7 |
| disclosed would frustrate procurement or give
an advantage | 8 |
| to any person proposing to enter into a contractor | 9 |
| agreement
with the body, until an award or final selection | 10 |
| is made. Information
prepared by or for the body in | 11 |
| preparation of a bid solicitation shall be
exempt until an | 12 |
| award or final selection is made.
| 13 |
| (i) Valuable formulae,
computer geographic systems,
| 14 |
| designs, drawings and research data obtained or
produced by | 15 |
| any public body when disclosure could reasonably be | 16 |
| expected to
produce private gain or public loss.
The | 17 |
| exemption for "computer geographic systems" provided in | 18 |
| this paragraph
(i) does not extend to requests made by news | 19 |
| media as defined in Section 2 of
this Act when the | 20 |
| requested information is not otherwise exempt and the only
| 21 |
| purpose of the request is to access and disseminate | 22 |
| information regarding the
health, safety, welfare, or | 23 |
| legal rights of the general public.
| 24 |
| (j) Test questions, scoring keys and other examination | 25 |
| data used to
administer an academic examination or | 26 |
| determined the qualifications of an
applicant for a license | 27 |
| or employment.
| 28 |
| (k) Architects' plans, engineers' technical | 29 |
| submissions, and
other
construction related technical | 30 |
| documents for
projects not constructed or developed in | 31 |
| whole or in part with public funds
and the same for | 32 |
| projects constructed or developed with public funds, but
| 33 |
| only to the extent
that disclosure would compromise | 34 |
| security, including but not limited to water
treatment |
|
|
|
09400HB1308ham001 |
- 13 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| facilities, airport facilities, sport stadiums, convention | 2 |
| centers,
and all government owned, operated, or occupied | 3 |
| buildings.
| 4 |
| (l) Library circulation and order records identifying | 5 |
| library users with
specific materials.
| 6 |
| (m) Minutes of meetings of public bodies closed to the
| 7 |
| public as provided in the Open Meetings Act until the | 8 |
| public body
makes the minutes available to the public under | 9 |
| 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 would | 12 |
| not be subject to discovery in
litigation, and materials | 13 |
| 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 the | 20 |
| evaluation of faculty members by
their academic peers.
| 21 |
| (p) Administrative or technical information associated | 22 |
| with automated
data processing operations, including but | 23 |
| not limited to software,
operating protocols, computer | 24 |
| program abstracts, file layouts, source
listings, object | 25 |
| modules, load modules, user guides, documentation
| 26 |
| pertaining to all logical and physical design of | 27 |
| computerized systems,
employee manuals, and any other | 28 |
| information that, if disclosed, would
jeopardize the | 29 |
| security of the system or its data or the security of
| 30 |
| materials exempt under this Section.
| 31 |
| (q) Documents or materials relating to collective | 32 |
| negotiating matters
between public bodies and their | 33 |
| employees or representatives, except that
any final | 34 |
| contract or agreement shall be subject to inspection and |
|
|
|
09400HB1308ham001 |
- 14 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| copying.
| 2 |
| (r) Drafts, notes, recommendations and memoranda | 3 |
| pertaining to the
financing and marketing transactions of | 4 |
| the public body. The records of
ownership, registration, | 5 |
| transfer, and exchange of municipal debt
obligations, and | 6 |
| of persons to whom payment with respect to these | 7 |
| obligations
is made.
| 8 |
| (s) The records, documents and information relating to | 9 |
| real estate
purchase negotiations until those negotiations | 10 |
| have been completed or
otherwise terminated. With regard to | 11 |
| a parcel involved in a pending or
actually and reasonably | 12 |
| contemplated eminent domain proceeding under
Article VII | 13 |
| of the Code of Civil Procedure, records, documents and
| 14 |
| information relating to that parcel shall be exempt except | 15 |
| as may be
allowed under discovery rules adopted by the | 16 |
| Illinois Supreme Court. The
records, documents and | 17 |
| information relating to a real estate sale shall be
exempt | 18 |
| until a sale is consummated.
| 19 |
| (t) Any and all proprietary information and records | 20 |
| related to the
operation of an intergovernmental risk | 21 |
| management association or
self-insurance pool or jointly | 22 |
| self-administered health and accident
cooperative or pool.
| 23 |
| (u) Information concerning a university's adjudication | 24 |
| of student or
employee grievance or disciplinary cases, to | 25 |
| the extent that disclosure
would reveal the identity of the | 26 |
| student or employee and information
concerning any public | 27 |
| body's adjudication of student or employee grievances
or | 28 |
| disciplinary cases, except for the final outcome of the | 29 |
| cases.
| 30 |
| (v) Course materials or research materials used by | 31 |
| faculty members.
| 32 |
| (w) Information related solely to the internal | 33 |
| personnel rules and
practices of a public body.
| 34 |
| (x) Information contained in or related to |
|
|
|
09400HB1308ham001 |
- 15 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| examination, operating, or
condition reports prepared by, | 2 |
| on behalf of, or for the use of a public
body responsible | 3 |
| for the regulation or supervision of financial
| 4 |
| institutions or insurance companies, unless disclosure is | 5 |
| otherwise
required by State law.
| 6 |
| (y) Information the disclosure of which is restricted | 7 |
| under Section
5-108 of the Public Utilities Act.
| 8 |
| (z) Manuals or instruction to staff that relate to | 9 |
| establishment or
collection of liability for any State tax | 10 |
| or that relate to investigations
by a public body to | 11 |
| determine violation of any criminal law.
| 12 |
| (aa) Applications, related documents, and medical | 13 |
| records received by
the Experimental Organ Transplantation | 14 |
| Procedures Board and any and all
documents or other records | 15 |
| prepared by the Experimental Organ
Transplantation | 16 |
| Procedures Board or its staff relating to applications
it | 17 |
| has received.
| 18 |
| (bb) Insurance or self insurance (including any | 19 |
| intergovernmental risk
management association or self | 20 |
| insurance pool) claims, loss or risk
management | 21 |
| information, records, data, advice or communications.
| 22 |
| (cc) Information and records held by the Department of | 23 |
| Public Health and
its authorized representatives relating | 24 |
| to known or suspected cases of
sexually transmissible | 25 |
| disease or any information the disclosure of which
is | 26 |
| restricted under the Illinois Sexually Transmissible | 27 |
| Disease Control Act.
| 28 |
| (dd) Information the disclosure of which is exempted | 29 |
| under Section 30
of the Radon Industry Licensing Act.
| 30 |
| (ee) Firm performance evaluations under Section 55 of | 31 |
| the
Architectural, Engineering, and Land Surveying | 32 |
| Qualifications Based
Selection Act.
| 33 |
| (ff) Security portions of system safety program plans, | 34 |
| investigation
reports, surveys, schedules, lists, data, or |
|
|
|
09400HB1308ham001 |
- 16 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| information compiled, collected,
or prepared by or for the | 2 |
| Regional Transportation Authority under Section 2.11
of | 3 |
| the Regional Transportation Authority Act or the St. Clair | 4 |
| County Transit
District under the
Bi-State Transit Safety | 5 |
| Act.
| 6 |
| (gg) Information the disclosure of which is restricted | 7 |
| and
exempted under Section 50 of the Illinois Prepaid | 8 |
| Tuition Act.
| 9 |
| (hh) Information the disclosure of which is
exempted | 10 |
| under the State Officials and Employees Ethics Act.
| 11 |
| (ii) Beginning July 1, 1999, information that would | 12 |
| disclose
or might lead to the disclosure of
secret or | 13 |
| confidential information, codes, algorithms, programs, or | 14 |
| private
keys intended to be used to create electronic or | 15 |
| digital signatures under the
Electronic Commerce Security | 16 |
| Act.
| 17 |
| (jj) Information contained in a local emergency energy | 18 |
| plan submitted to
a municipality in accordance with a local | 19 |
| emergency energy plan ordinance that
is adopted under | 20 |
| Section 11-21.5-5 of the Illinois Municipal Code.
| 21 |
| (kk) Information and data concerning the distribution | 22 |
| of
surcharge moneys collected and remitted by wireless | 23 |
| carriers under the Wireless
Emergency Telephone Safety | 24 |
| Act.
| 25 |
| (ll) Vulnerability assessments, security measures, and | 26 |
| response policies
or plans that are designed to identify, | 27 |
| prevent, or respond to potential
attacks upon a community's | 28 |
| population or systems, facilities, or installations,
the | 29 |
| destruction or contamination of which would constitute a | 30 |
| clear and present
danger to the health or safety of the | 31 |
| community, but only to the extent that
disclosure could | 32 |
| reasonably be expected to jeopardize the effectiveness of | 33 |
| the
measures or the safety of the personnel who implement | 34 |
| them or the public.
Information exempt under this item may |
|
|
|
09400HB1308ham001 |
- 17 - |
LRB094 05718 WGH 45006 a |
|
| 1 |
| include such things as details
pertaining to the | 2 |
| mobilization or deployment of personnel or equipment, to | 3 |
| the
operation of communication systems or protocols, or to | 4 |
| tactical operations.
| 5 |
| (mm) Maps and other records regarding the location or | 6 |
| security of a
utility's generation, transmission, | 7 |
| distribution, storage, gathering,
treatment, or switching | 8 |
| facilities.
| 9 |
| (nn) Law enforcement officer identification | 10 |
| information or
driver
identification
information compiled | 11 |
| by a law enforcement agency or the Department of
| 12 |
| Transportation
under Section 11-212 of the Illinois | 13 |
| Vehicle Code.
| 14 |
| (oo) Records and information provided to a residential
| 15 |
| health care
facility resident sexual assault
and death | 16 |
| review team or the Residential Health Care Facility | 17 |
| Resident Sexual
Assault and Death Review Teams Executive | 18 |
| Council under the Residential Health
Care Facility | 19 |
| Resident Sexual Assault and Death Review Team Act.
| 20 |
| (2) This Section does not authorize withholding of | 21 |
| information or limit the
availability of records to the public, | 22 |
| except as stated in this Section or
otherwise provided in this | 23 |
| Act.
| 24 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281, | 25 |
| eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43, | 26 |
| eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03; | 27 |
| 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff. | 28 |
| 8-21-03; 93-617, eff. 12-9-03.)".
|
|