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Full Text of HB1261  97th General Assembly

HB1261ham006 97TH GENERAL ASSEMBLY

Rep. Keith Farnham

Filed: 5/5/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1261

2    AMENDMENT NO. ______. Amend House Bill 1261, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
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        (e) Records that relate to or affect the security of
11    correctional institutions and detention facilities.
12        (f) Preliminary drafts, notes, recommendations,
13    memoranda and other records in which opinions are
14    expressed, or policies or actions are formulated, except
15    that a specific record or relevant portion of a record
16    shall not be exempt when the record is publicly cited and
17    identified by the head of the public body. The exemption
18    provided in this paragraph (f) extends to all those records
19    of officers and agencies of the General Assembly that
20    pertain to the preparation of legislative documents.
21        (g) Trade secrets and commercial or financial
22    information obtained from a person or business where the
23    trade secrets or commercial or financial information are
24    furnished under a claim that they are proprietary,
25    privileged or confidential, and that disclosure of the
26    trade secrets or commercial or financial information would

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Commission.
2        (z) Information about students exempted from
3    disclosure under Sections 10-20.38 or 34-18.29 of the
4    School Code, and information about undergraduate students
5    enrolled at an institution of higher education exempted
6    from disclosure under Section 25 of the Illinois Credit
7    Card Marketing Act of 2009.
8        (aa) Information the disclosure of which is exempted
9    under the Viatical Settlements Act of 2009.
10        (bb) Records and information provided to a mortality
11    review team and records maintained by a mortality review
12    team appointed under the Department of Juvenile Justice
13    Mortality Review Team Act.
14        (cc) (bb) Information regarding interments,
15    entombments, or inurnments of human remains that are
16    submitted to the Cemetery Oversight Database under the
17    Cemetery Care Act or the Cemetery Oversight Act, whichever
18    is applicable.
19        (dd) Information concerning the rosters of recorded
20    deaths pursuant to subsections (b) and (c) of Section 18.5
21    of the Vital Records Act.
22    (2) A public record that is not in the possession of a
23public body but is in the possession of a party with whom the
24agency has contracted to perform a governmental function on
25behalf of the public body, and that directly relates to the
26governmental function and is not otherwise exempt under this

 

 

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1Act, shall be considered a public record of the public body,
2for purposes of this Act.
3    (3) This Section does not authorize withholding of
4information or limit the availability of records to the public,
5except as stated in this Section or otherwise provided in this
6Act.
7(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
895-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10;
996-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10;
1096-736, eff. 7-1-10; 96-863, eff. 3-1-10; 96-1378, eff.
117-29-10; revised 9-2-10.)
 
12    Section 10. The Property Tax Code is amended by adding
13Section 15-173 as follows:
 
14    (35 ILCS 200/15-173 new)
15    Sec. 15-173. Electronic sharing of data with the Department
16of Public Health. An assessor that administers an exemption
17program shall enter into an intergovernmental agreement with
18the Department of Public Health, on a form prepared by the
19Department, for the electronic sharing of the rosters of such
20programs with the Department for the sole purpose of the
21Department comparing the persons on the rosters with persons
22whose deaths have been recorded in the electronic reporting
23system to identify apparent matches. The information shall be
24shared at least annually and the list of apparent matches shall

 

 

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1be provided promptly to the county assessor in electronic form.
2The intergovernmental agreement shall specify adequate
3technical and procedural safeguards to protect the
4confidentiality of the information shared, which shall be
5exempt from requests under the Illinois Freedom of Information
6Act.
 
7    Section 15. The Metropolitan Transit Authority Act is
8amended by adding Section 54 as follows:
 
9    (70 ILCS 3605/54 new)
10    Sec. 54. Electronic sharing of data with the Department of
11Public Health. The Board shall enter into an intergovernmental
12agreement with the Department of Public Health, on a form
13prepared by the Department, for the electronic sharing of data
14for the sole purpose of comparing persons receiving reduced or
15free services with persons whose deaths have been recorded in
16the electronic reporting system to identify apparent matches.
17The information shall be shared monthly or as requested by the
18Board, and the list of apparent matches shall be provided
19promptly in electronic form. The intergovernmental agreement
20shall specify adequate technical and procedural safeguards to
21protect the confidentiality of the information shared, which
22shall be exempt from requests under the Illinois Freedom of
23Information Act.
 

 

 

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1    Section 20. The Local Mass Transit District Act is amended
2by adding Section 11 as follows:
 
3    (70 ILCS 3610/11 new)
4    Sec. 11. Electronic sharing of data with the Department of
5Public Health. The Board of Trustees of any District shall
6enter into an intergovernmental agreement with the Department
7of Public Health, on a form prepared by the Department, for the
8electronic sharing of data for the sole purpose of comparing
9persons receiving reduced or free services with persons whose
10deaths have been recorded in the electronic reporting system to
11identify apparent matches. The information shall be shared as
12requested by the Board, and the list of apparent matches shall
13be provided promptly in electronic form. The intergovernmental
14agreement shall specify adequate technical and procedural
15safeguards to protect the confidentiality of the information
16shared, which shall be exempt from requests under the Illinois
17Freedom of information Act.
 
18    Section 25. The Regional Transportation Authority Act is
19amended by adding Sections 2.35, 3A.20, and 3B.20 as follows:
 
20    (70 ILCS 3615/2.35 new)
21    Sec. 2.35. Electronic sharing of data with the Department
22of Public Health. The Authority may enter into an
23intergovernmental agreement with the Department of Public

 

 

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1Health, on a form prepared by the Department, for the
2electronic sharing of data for the sole purpose of comparing
3persons eligible for programs administered by the Authority or
4a Service Board with persons whose deaths have been recorded in
5the electronic reporting system to identify apparent matches.
6The information shall be shared as requested by the Authority,
7and the list of apparent matches shall be provided promptly in
8electronic form. The intergovernmental agreement shall specify
9adequate technical and procedural safeguards to protect the
10confidentiality of the information shared, which shall be
11exempt from requests under the Illinois Freedom of information
12Act.
 
13    (70 ILCS 3615/3A.20 new)
14    Sec. 3A.20. Electronic sharing of data with the Department
15of Public Health. The Board shall enter into an
16intergovernmental agreement with the Department of Public
17Health, on a form prepared by the Department, for the
18electronic sharing of data for the sole purpose of comparing
19persons receiving reduced or free services with persons whose
20deaths have been recorded in the electronic reporting system to
21identify apparent matches. The information shall be shared
22monthly or as requested by the Board, and the list of apparent
23matches shall be provided promptly in electronic form. The
24intergovernmental agreement shall specify adequate technical
25and procedural safeguards to protect the confidentiality of the

 

 

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1information shared, which shall be exempt from requests under
2the Illinois Freedom of Information Act.
 
3    (70 ILCS 3615/3B.20 new)
4    Sec. 3B.20. Electronic sharing of data with the Department
5of Public Health. The Board shall enter into an
6intergovernmental agreement with the Department of Public
7Health, on a form prepared by the Department, for the
8electronic sharing of data for the sole purpose of comparing
9persons receiving reduced or free services with persons whose
10deaths have been recorded in the electronic reporting system to
11identify apparent matches. The information shall be shared
12monthly or as requested by the Board, and the list of apparent
13matches shall be provided promptly in electronic form. The
14intergovernmental agreement shall specify adequate technical
15and procedural safeguards to protect the confidentiality of the
16information shared, which shall be exempt from requests under
17the Illinois Freedom of Information Act.
 
18    Section 30. The Vital Records Act is amended by changing
19Section 18.5 as follows:
 
20    (410 ILCS 535/18.5)
21    Sec. 18.5. Electronic reporting system for death
22registrations.
23    (a) The State Registrar shall facilitate death

 

 

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1registration by implementing an electronic reporting system.
2The system may be used to transfer information to individuals
3and institutions responsible for completing and filing
4certificates and related reports for deaths that occur in the
5State. The system shall be capable of storing and retrieving
6accurate and timely data and statistics for those persons and
7agencies responsible for vital records registration and
8administration. Upon establishment of such an electronic
9reporting system, but not later than January 1, 2011, the
10county clerk in the county in which a death occurred or the
11county clerk of the county where a decedent last resided, as
12indicated on the decedent's death certificate, shall be
13authorized to issue certifications of death records from such
14system, and the State Registrar shall cause the electronic
15reporting system to provide for such capability. The Department
16of Financial and Professional Regulation shall have access to
17the system to enhance its enforcement of the Cemetery Oversight
18Act.
19    (b) Commencing on or before January 1, 2012, upon the
20request of a governmental mass transit organization that
21administers a reduced transit fare, no fare, or paratransit
22program, the Department shall enter into an intergovernmental
23agreement on a form prepared by the Department for the
24electronic sharing of the rosters of such programs with the
25Department for the sole purpose of the Department comparing the
26persons on the rosters with persons whose deaths have been

 

 

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1recorded in the electronic reporting system to identify
2apparent matches. The information shall be shared monthly or as
3requested by a mass transit organization, and the list of
4apparent matches shall be provided promptly to the mass transit
5organization in electronic form. The intergovernmental
6agreement shall specify adequate technical and procedural
7safeguards to protect the confidentiality of the information
8shared, which shall be exempt from requests under the Illinois
9Freedom of Information Act.
10    (c) Commencing on or before January 1, 2012, upon the
11request of a county assessor that administers an exemption
12program, the Department shall enter into an intergovernmental
13agreement on a form prepared by the Department for the
14electronic sharing of the rosters of such programs with the
15Department for the sole purpose of the Department comparing the
16persons on the rosters with persons whose deaths have been
17recorded in the electronic reporting system to identify
18apparent matches. The information shall be shared at least
19annually and the list of apparent matches shall be provided
20promptly to the county assessor in electronic form. The
21intergovernmental agreement shall specify adequate technical
22and procedural safeguards to protect the confidentiality of the
23information shared, which shall be exempt from requests under
24the Illinois Freedom of Information Act.
25(Source: P.A. 96-327, eff. 8-11-09; 96-863, eff. 3-1-10.)".