State of Illinois
91st General Assembly
Legislation

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91_HB1834

 
                                               LRB9103139PTmb

 1        AN ACT concerning public records.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Open Meetings Act is amended by  changing
 5    Section 1.02 as follows:

 6        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
 7        Sec. 1.02.  For the purposes of this Act:
 8        "Meeting"  means  any gathering of a majority of a quorum
 9    of the commissioners of a public body held for the purpose of
10    discussing public business.
11        "Public  body"  includes  all   legislative,   executive,
12    administrative  or  advisory  bodies  of the state, counties,
13    townships,  cities,  villages,  incorporated  towns,   school
14    districts  and  all  other  municipal  corporations,  boards,
15    bureaus,  committees  or  commissions  of this State, and any
16    subsidiary bodies of any of the foregoing including  but  not
17    limited to municipal convention or civic center boards, local
18    tourism boards and councils, economic development boards, and
19    all committees and subcommittees which are supported in whole
20    or  in  part  by  tax  revenue,  or which expend tax revenue,
21    except the General Assembly  and  committees  or  commissions
22    thereof. "Public body" includes tourism boards and convention
23    or   civic   center  boards  located  in  counties  that  are
24    contiguous to the Mississippi River with populations of  more
25    than  250,000  but  less than 300,000. "Public body" does not
26    include a child death review team established under the Child
27    Death  Review  Team  Act  or  an  ethics  commission,  ethics
28    officer, or ultimate jurisdictional  authority  acting  under
29    the State Gift Ban Act as provided by Section 80 of that Act.
30    (Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99.)
 
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 1        Section 10.  The Freedom of Information Act is amended by
 2    changing Sections 1, 2, 3, 6, and 7 as follows:

 3        (5 ILCS 140/1) (from Ch. 116, par. 201)
 4        Sec.  1.   Pursuant  to the fundamental philosophy of the
 5    American constitutional form of government, it is declared to
 6    be the public policy  of  the  State  of  Illinois  that  all
 7    persons   are  entitled  to  full  and  complete  information
 8    regarding the affairs of government and the official acts and
 9    policies of those who represent them as public officials  and
10    public  employees consistent with the terms of this Act. Such
11    access is necessary to enable the  people  to  fulfill  their
12    duties  of  discussing public issues fully and freely, making
13    informed political judgments  and  monitoring  government  to
14    ensure that it is being conducted in the public interest.
15        This Act is not intended to be used to violate individual
16    privacy,  nor  for  the  purpose  of  furthering a commercial
17    enterprise, or to disrupt the  duly-undertaken  work  of  any
18    public  body  independent  of  the  fulfillment of any of the
19    fore-mentioned rights of the people to access to information.
20        This Act is not intended to create an obligation  on  the
21    part  of  any  public  body to maintain or prepare any public
22    record which was not maintained or prepared  by  such  public
23    body  at  the time when this Act becomes effective, except as
24    otherwise required by applicable local, State or federal law.
25        These restraints on information access should be seen  as
26    limited exceptions to the general rule that the people have a
27    right  to  know  the  decisions, policies, procedures, rules,
28    standards, and other  aspects  of  government  activity  that
29    affect  the conduct of government and the lives of any or all
30    of the people.  The exemptions to public disclosure cited  in
31    this  Act  are  in  derogation of the requirement that public
32    records be disclosed upon request.  These exemptions  are  to
33    be  strictly  construed  and  extend  only  to public records
 
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 1    clearly within the scope of the exemptions.   Each  exemption
 2    shall   be  applied  by  balancing  the  strong  interest  in
 3    disclosure of public records and the specific interest to  be
 4    protected by the exemption.  The provisions of this Act shall
 5    be construed to this end.
 6        This  Act shall be the exclusive State statute on freedom
 7    of  information,  except  to  the  extent  that  other  State
 8    statutes might create additional restrictions  on  disclosure
 9    of  information  or  other  laws  in  Illinois  might  create
10    additional  obligations  for disclosure of information to the
11    public.
12    (Source: P.A. 83-1013.)

13        (5 ILCS 140/2) (from Ch. 116, par. 202)
14        Sec. 2.  Definitions.  As used in this Act:
15        (a)  "Public  body"  means  any  legislative,  executive,
16    administrative,  or  advisory  bodies  of  the  State,  state
17    universities  and  colleges,  counties,  townships,   cities,
18    villages,  incorporated towns, school districts and all other
19    municipal  corporations,  boards,  bureaus,  committees,   or
20    commissions  of  this State, and any subsidiary bodies of any
21    of the foregoing including but not limited to municipal civic
22    centers,  local  tourism  boards   and   councils,   economic
23    development  boards,  and  all  committees  and subcommittees
24    which are supported in whole or in part by  tax  revenue,  or
25    which  expend  tax  revenue. "Public body" does not include a
26    child death review team established  under  the  Child  Death
27    Review Team Act.
28        (b)  "Person"    means   any   individual,   corporation,
29    partnership,  firm,  organization  or   association,   acting
30    individually or as a group.
31        (c)  "Public  records" means all records, reports, forms,
32    writings,   letters,   memoranda,   books,   papers,    maps,
33    photographs,  microfilms,  cards,  magnetic  or  other tapes,
 
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 1    recordings,  electronic  data  processing  records,  recorded
 2    information and all other documentary  materials,  regardless
 3    of physical form or characteristics, having been prepared, or
 4    having  been  or being used, received, possessed or under the
 5    control of any public body.  "Public records"  includes,  but
 6    is  expressly  not  limited  to:  (i) administrative manuals,
 7    procedural rules, and instructions to staff, unless  exempted
 8    by  Section  7(p) of this Act; (ii) final opinions and orders
 9    made in the adjudication  of  cases,  except  an  educational
10    institution's  adjudication  of student or employee grievance
11    or  disciplinary  cases;  (iii)   substantive   rules;   (iv)
12    statements  and  interpretations  of  policy  which have been
13    adopted by  a  public  body;  (v)  final  planning  policies,
14    recommendations,   and   decisions;   (vi)  factual  reports,
15    inspection reports, and studies whether prepared  by  or  for
16    the  public  body;  (vii)  all  information  in  any account,
17    voucher, or contract dealing with the receipt or  expenditure
18    of  public or other funds of public bodies; (viii) the names,
19    salaries, titles, and dates of employment  of  all  employees
20    and  officers  of  public  bodies;  (ix) materials containing
21    opinions concerning the rights of the state,  the  public,  a
22    subdivision of state or a local government, or of any private
23    persons; (x) the name of every official and the final records
24    of   voting   in  all  proceedings  of  public  bodies;  (xi)
25    applications for any contract, permit,  grant,  or  agreement
26    except  as  exempted  from  disclosure  by  subsection (g) of
27    Section 7 of this Act; (xii) each report, document, study, or
28    publication prepared  by  independent  consultants  or  other
29    independent contractors for the public body; (xiii) all other
30    information  required  by law to be made available for public
31    inspection or copying;  (xiv)  information  relating  to  any
32    grant  or  contract  made  by  or  between  a public body and
33    another public body  or  private  organization;  (xv)  waiver
34    documents filed with the State Superintendent of Education or
 
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 1    the  president  of  the  University of Illinois under Section
 2    30-12.5 of the School Code, concerning nominees  for  General
 3    Assembly  scholarships  under Sections 30-9, 30-10, and 30-11
 4    of  the  School  Code  and  (xvi)  complaints,   results   of
 5    complaints,  and  Department  of Children and Family Services
 6    staff  findings  of  licensing   violations   at   day   care
 7    facilities,    provided   that   personal   and   identifying
 8    information is not released.
 9        (d)  "Copying"  means  the  reproduction  of  any  public
10    record by means of any photographic,  electronic,  mechanical
11    or other process, device or means.
12        (e)  "Head  of  the  public  body"  means  the president,
13    mayor, chairman, presiding officer, director, superintendent,
14    manager, supervisor or individual otherwise  holding  primary
15    executive  and  administrative authority for the public body,
16    or such person's duly authorized designee.
17        (f)  "News media" means a newspaper or  other  periodical
18    issued at regular intervals, a news service, a radio station,
19    a television station, a community antenna television service,
20    or  a  person  or corporation engaged in making news reels or
21    other motion picture news for public showing.
22    (Source: P.A. 89-681, eff. 12-13-96;  90-144,  eff.  7-23-97;
23    90-670, eff. 7-31-98.)

24        (5 ILCS 140/3) (from Ch. 116, par. 203)
25        Sec.  3.   (a)  Each  public body shall make available to
26    any person for inspection  or  copying  all  public  records,
27    except  as  otherwise  provided  in  Section  7  of this Act.
28    Notwithstanding any other law, a public body may not grant to
29    any person  or  entity,  whether  by  contract,  license,  or
30    otherwise,  the exclusive right to access and disseminate any
31    public record as defined in this Act.
32        (b)  Subject to the fee provisions of Section 6  of  this
33    Act,  each  public body shall promptly provide, to any person
 
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 1    who submits a written request, a copy of  any  public  record
 2    required  to  be  disclosed by subsection (a) of this Section
 3    and shall certify such copy if so requested. Each public body
 4    may require a written request for copies of public records.
 5        (c)  Each public body shall, promptly, either comply with
 6    or deny a written request for public records within 7 working
 7    days after  its  receipt.   Denial  shall  be  by  letter  as
 8    provided  in  Section 9 of this Act.  Failure to respond to a
 9    written request within 7 working days after its receipt shall
10    be considered a denial of the request.
11        (d)  The time limits prescribed in paragraph (c) of  this
12    Section  may  be  extended  in  each case for not more than 7
13    additional working days for any of the following reasons:
14             (i)  the requested records are stored in whole or in
15        part at other locations than the office having charge  of
16        the requested records;
17             (ii)  the  request  requires  the  collection  of  a
18        substantial number of specified records;
19             (iii)  the  request  is couched in categorical terms
20        and  requires  an  extensive  search  for   the   records
21        responsive to it;
22             (iv)  the requested records have not been located in
23        the  course  of routine search and additional efforts are
24        being made to locate them;
25             (v)  the requested records require  examination  and
26        evaluation  by  personnel having the necessary competence
27        and discretion to  determine  if  they  are  exempt  from
28        disclosure  under  Section  7  of  this  Act or should be
29        revealed only with appropriate deletions;
30             (vi)  the request for  records  cannot  be  complied
31        with by the public body within the time limits prescribed
32        by paragraph (c) of this Section without unduly burdening
33        or interfering with the operations of the public body;
34             (vii)  there is a need for consultation, which shall
 
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 1        be  conducted  with  all  practicable speed, with another
 2        public body or among two or more components of  a  public
 3        body  having  a substantial interest in the determination
 4        or in the subject matter of the request.
 5        (e)  When additional time is  required  for  any  of  the
 6    above  reasons,  the  public  body shall notify by letter the
 7    person making the written  request  within  the  time  limits
 8    specified by paragraph (c) of this Section of the reasons for
 9    the  delay  and  the  date  by which the records will be made
10    available or denial will be forthcoming.  In no instance, may
11    the delay in processing last longer than 7 working days.    A
12    failure  to  render a decision within 7 working days shall be
13    considered a denial of the request.
14        (f)  Requests calling for all records  falling  within  a
15    category  shall  be  complied with unless compliance with the
16    request would be unduly burdensome for the  complying  public
17    body and there is no way to narrow the request and the burden
18    on  the  public  body  outweighs  the  public interest in the
19    information. Before invoking this exemption, the public  body
20    shall  extend to the person making the request an opportunity
21    to confer with it in an attempt  to  reduce  the  request  to
22    manageable   proportions.    If   any   body  responds  to  a
23    categorical request by stating that compliance  would  unduly
24    burden  its  operation and the conditions described above are
25    met, it shall do so in writing, specifying the reasons why it
26    would be unduly burdensome and the extent to which compliance
27    will so burden the operations of the  public  body.   Such  a
28    response  shall  be  treated  as  a denial of the request for
29    information.  Repeated requests for the same  public  records
30    by  the  same  person shall be deemed unduly burdensome under
31    this provision.
32        (g)  Each  public   body   may   promulgate   rules   and
33    regulations in conformity with the provisions of this Section
34    pertaining  to  the availability of records and procedures to
 
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 1    be followed, including:
 2             (i)  the times and places where such records will be
 3        made available, and
 4             (ii)  the persons from  whom  such  records  may  be
 5        obtained.
 6    (Source: P.A. 90-206, eff. 7-25-97.)

 7        (5 ILCS 140/6) (from Ch. 116, par. 206)
 8        Sec. 6.  Authority to charge fees.
 9        (a)  Each   public   body   may  charge  fees  reasonably
10    calculated to reimburse its actual cost for  reproducing  and
11    certifying  public records and for the use, by any person, of
12    the equipment of the public body to copy records.  Such  fees
13    shall  exclude  the costs of any search for and review of the
14    record, and shall not exceed the actual cost of  reproduction
15    and  certification,  regardless  of the format of the record,
16    unless otherwise provided  by  State  statute.   Except  when
17    responding  to  a request that necessitates the creation of a
18    new document, "actual  costs"  shall  be  limited  to  direct
19    chargeable  costs  related  to copying or reproduction of the
20    record and shall not include the cost of labor used  to  copy
21    or   reproduce  the  record.   Such  fees  shall  be  imposed
22    according to a standard scale of fees, established  and  made
23    public  by  the  body  imposing them. Nothing in this Section
24    shall require the creation of a new document  by  the  public
25    body.
26        (b)  Documents  shall be furnished without charge or at a
27    reduced charge, as determined by  the  public  body,  if  the
28    person  requesting  the documents states the specific purpose
29    for the request and indicates that a waiver or  reduction  of
30    the  fee  is  in the public interest.  Waiver or reduction of
31    the fee is in the public interest if the principal purpose of
32    the  request  is  to  access  and   disseminate   information
33    regarding  the health, safety and welfare or the legal rights
 
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 1    of the general public and is not for the principal purpose of
 2    personal  or  commercial  benefit.  For  purposes   of   this
 3    subsection,  "commercial benefit" shall not apply to requests
 4    made by news media when the principal purpose of the  request
 5    is  to  access  and  disseminate  information  regarding  the
 6    health,  safety,  and  welfare  or  the  legal  rights of the
 7    general public. In  setting  the  amount  of  the  waiver  or
 8    reduction,  the  public  body may take into consideration the
 9    amount of materials requested and the cost of copying them.
10        (c)  The purposeful imposition of a  fee  not  consistent
11    with  subsections  (6)(a)  and  (b)  of  this  Act  shall  be
12    considered  a  denial  of  access  to  public records for the
13    purposes of judicial review.
14        (d)  The fee for an abstract of a driver's  record  shall
15    be  as  provided  in  Section  6-118 of "The Illinois Vehicle
16    Code", approved September 29, 1969, as amended.
17    (Source: P.A. 90-144, eff. 7-23-97.)

18        (5 ILCS 140/7) (from Ch. 116, par. 207)
19        Sec. 7.  Exemptions.
20        (1)  The following shall be exempt  from  inspection  and
21    copying:
22             (a)  Information    specifically   prohibited   from
23        disclosure  by  federal  or  State  law  or   rules   and
24        regulations adopted under federal or State law.
25             (b)  Information    that,    if   disclosed,   would
26        constitute a clearly  unwarranted  invasion  of  personal
27        privacy, unless the disclosure is consented to in writing
28        by  the  individual  subjects  of  the  information.  The
29        disclosure of information that bears on the public duties
30        of public employees and officials shall not be considered
31        an invasion of personal  privacy.   Information  exempted
32        under  this  subsection  (b)  shall  include  but  is not
33        limited to:
 
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 1                  (i)  files and personal information  maintained
 2             with   respect   to  clients,  patients,  residents,
 3             students  or  other  individuals  receiving  social,
 4             medical,   educational,    vocational,    financial,
 5             supervisory  or  custodial care or services directly
 6             or  indirectly  from  federal  agencies  or   public
 7             bodies;
 8                  (ii)  personnel  files and personal information
 9             maintained with respect to employees, appointees  or
10             elected  officials  of any public body or applicants
11             for those positions;
12                  (iii)  files    and    personal     information
13             maintained with respect to any applicant, registrant
14             or  licensee  by any public body cooperating with or
15             engaged    in    professional    or     occupational
16             registration, licensure or discipline;
17                  (iv)  information  required  of any taxpayer in
18             connection with the assessment or collection of  any
19             tax unless disclosure is otherwise required by State
20             statute; and
21                  (v)  information   revealing  the  identity  of
22             persons  who  file  complaints   with   or   provide
23             information  to  administrative,  investigative, law
24             enforcement or penal  agencies;  provided,  however,
25             that   identification   of   witnesses   to  traffic
26             accidents,  traffic  accident  reports,  and  rescue
27             reports  may  be  provided  by  agencies  of   local
28             government,  except  in  a case for which a criminal
29             investigation is  ongoing,  without  constituting  a
30             clearly  unwarranted   per  se  invasion of personal
31             privacy under this subsection.
32             (c)  Records  compiled  by  any  public   body   for
33        administrative   enforcement   proceedings  and  any  law
34        enforcement or correctional agency  for  law  enforcement
 
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 1        purposes  or  for  internal matters of a public body, but
 2        only to the extent 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;
 7                  (ii)  interfere   with  pending  administrative
 8             enforcement  proceedings  conducted  by  any  public
 9             body;
10                  (iii)  deprive a person of a fair trial  or  an
11             impartial hearing;
12                  (iv)  unavoidably  disclose  the  identity of a
13             confidential  source  or  confidential   information
14             furnished only by the confidential source;
15                  (v)  disclose     unique     or     specialized
16             investigative  techniques other than those generally
17             used and known or  disclose  internal  documents  of
18             correctional    agencies   related   to   detection,
19             observation or investigation of incidents  of  crime
20             or misconduct;
21                  (vi)  constitute   an   invasion   of  personal
22             privacy under subsection (b) of this Section;
23                  (vii)  endanger the life or physical safety  of
24             law enforcement personnel or any other person; or
25                  (viii)  obstruct     an     ongoing    criminal
26             investigation.
27             (d)  Criminal history record information  maintained
28        by  State  or local criminal justice agencies, except the
29        following which shall be open for public  inspection  and
30        copying:
31                  (i)  chronologically      maintained     arrest
32             information, such  as  traditional  arrest  logs  or
33             blotters;
34                  (ii)  the  name of a person in the custody of a
 
                            -12-               LRB9103139PTmb
 1             law enforcement agency and  the  charges  for  which
 2             that person is being held;
 3                  (iii)  court records that are public;
 4                  (iv)  records   that  are  otherwise  available
 5             under State or local law; or
 6                  (v)  records in which the requesting  party  is
 7             the  individual identified, except as provided under
 8             part (vii) of paragraph (c)  of  subsection  (1)  of
 9             this Section.
10             "Criminal  history  record  information"  means data
11        identifiable  to  an   individual   and   consisting   of
12        descriptions   or   notations   of  arrests,  detentions,
13        indictments, informations, pre-trial proceedings, trials,
14        or other formal events in the criminal justice system  or
15        descriptions  or notations of criminal charges (including
16        criminal violations of local  municipal  ordinances)  and
17        the   nature   of   any  disposition  arising  therefrom,
18        including sentencing, court or correctional  supervision,
19        rehabilitation  and  release.  The term does not apply to
20        statistical records and reports in which individuals  are
21        not  identified  and  from which their identities are not
22        ascertainable, or to information  that  is  for  criminal
23        investigative or intelligence purposes.
24             (e)  Records  that  relate to or affect the security
25        of correctional institutions and detention facilities.
26             (f)  Preliminary  drafts,  notes,   recommendations,
27        memoranda   and  other  records  in  which  opinions  are
28        expressed, or policies or actions are formulated,  except
29        that  a  specific  record or relevant portion of a record
30        shall not be exempt when the record is publicly cited and
31        identified or publicly distributed by  the  head  of  the
32        public body. The exemption provided in this paragraph (f)
33        extends  to all those records of officers and agencies of
34        the General Assembly that pertain to the  preparation  of
 
                            -13-               LRB9103139PTmb
 1        legislative documents.
 2             (g)  Trade   secrets  and  commercial  or  financial
 3        information obtained from a person or business where  the
 4        trade  secrets or information are proprietary, privileged
 5        or confidential, or where disclosure of the trade secrets
 6        or information may cause competitive harm, including  all
 7        information  determined  to be confidential under Section
 8        4002 of the Technology Advancement and  Development  Act.
 9        Nothing   contained   in  this  paragraph  (g)  shall  be
10        construed to prevent a person or business from consenting
11        to disclosure.
12             (h)  Proposals and bids for any contract, grant,  or
13        agreement,   including   information  which  if  it  were
14        disclosed  would  frustrate  procurement   or   give   an
15        advantage  to  any  person  proposing  to  enter  into  a
16        contractor  agreement  with  the  body, until an award or
17        final selection is made.  Information prepared by or  for
18        the  body  in  preparation of a bid solicitation shall be
19        exempt until an award or final selection is made.
20             (i)  Valuable  formulae,   designs,   drawings   and
21        research  data  obtained  or  produced by any public body
22        when disclosure could reasonably be expected  to  produce
23        private gain or public loss.
24             (j)  Test   questions,   scoring   keys   and  other
25        examination  data  used   to   administer   an   academic
26        examination   or  determined  the  qualifications  of  an
27        applicant for a license or employment.
28             (k)  Architects'  plans  and  engineers'   technical
29        submissions  for projects not constructed or developed in
30        whole or in part  with  public  funds  and  for  projects
31        constructed or developed with public funds, to the extent
32        that disclosure would compromise security.
33             (l)  Library    circulation    and   order   records
34        identifying library users with specific materials.
 
                            -14-               LRB9103139PTmb
 1             (m)  Minutes of meetings of public bodies closed  to
 2        the public as provided in the Open Meetings Act until the
 3        public  body  makes  the  minutes available to the public
 4        under Section 2.06 of the Open Meetings Act.
 5             (n)  Communications between a  public  body  and  an
 6        attorney  or  auditor  representing  the public body that
 7        would not be subject  to  discovery  in  litigation,  and
 8        materials prepared or compiled by or for a public body in
 9        anticipation  of  a  criminal,  civil  or  administrative
10        proceeding  upon  the request of an attorney advising the
11        public body, and  materials  prepared  or  compiled  with
12        respect to internal audits of public bodies.
13             (o)  Information  received by a primary or secondary
14        school, college or university under  its  procedures  for
15        the  evaluation  of  faculty  members  by  their academic
16        peers.
17             (p)  Administrative   or    technical    information
18        associated  with  automated  data  processing operations,
19        including  but  not  limited   to   software,   operating
20        protocols,  computer  program  abstracts,  file  layouts,
21        source  listings,  object  modules,  load  modules,  user
22        guides,  documentation  pertaining  to  all  logical  and
23        physical   design   of   computerized  systems,  employee
24        manuals, and any other information  that,  if  disclosed,
25        would  jeopardize  the security of the system or its data
26        or the security of materials exempt under this Section.
27             (q)  Documents or materials relating  to  collective
28        negotiating  matters  between  public  bodies  and  their
29        employees  or  representatives,  except  that  any  final
30        contract  or agreement shall be subject to inspection and
31        copying.
32             (r)  Drafts, notes,  recommendations  and  memoranda
33        pertaining to the financing and marketing transactions of
34        the  public body. The records of ownership, registration,
 
                            -15-               LRB9103139PTmb
 1        transfer, and exchange of municipal debt obligations, and
 2        of  persons  to  whom  payment  with  respect  to   these
 3        obligations is made.
 4             (s)  The records, documents and information relating
 5        to   real   estate   purchase  negotiations  until  those
 6        negotiations have been completed or otherwise terminated.
 7        With regard to a parcel involved in a pending or actually
 8        and reasonably  contemplated  eminent  domain  proceeding
 9        under  Article  VII  of  the  Code  of  Civil  Procedure,
10        records,  documents  and  information  relating  to  that
11        parcel  shall  be  exempt  except as may be allowed under
12        discovery rules adopted by the  Illinois  Supreme  Court.
13        The records, documents and information relating to a real
14        estate sale shall be exempt until a sale is consummated.
15             (t)  Any and all proprietary information and records
16        related  to  the  operation  of an intergovernmental risk
17        management association or self-insurance pool or  jointly
18        self-administered  health  and  accident  cooperative  or
19        pool.
20             (u)  Information     concerning    a    university's
21        adjudication  of  student  or   employee   grievance   or
22        disciplinary  cases,  to the extent that disclosure would
23        reveal the  identity  of  the  student  or  employee  and
24        information  concerning any public body's adjudication of
25        student or employee  grievances  or  disciplinary  cases,
26        except for the final outcome of the cases.
27             (v)  Course  materials or research materials used by
28        faculty members.
29             (w)  Information  related  solely  to  the  internal
30        personnel rules and practices of a public body.
31             (x)  Information  contained   in   or   related   to
32        examination, operating, or condition reports prepared by,
33        on behalf of, or for the use of a public body responsible
34        for   the   regulation   or   supervision   of  financial
 
                            -16-               LRB9103139PTmb
 1        institutions or insurance companies, unless disclosure is
 2        otherwise required by State law.
 3             (y)  Information  the   disclosure   of   which   is
 4        restricted  under  Section  5-108 of the Public Utilities
 5        Act.
 6             (z)  Manuals or instruction to staff that relate  to
 7        establishment  or  collection  of liability for any State
 8        tax or that relate to investigations by a public body  to
 9        determine violation of any criminal law.
10             (aa)  Applications,  related  documents, and medical
11        records    received    by    the    Experimental    Organ
12        Transplantation  Procedures  Board  and   any   and   all
13        documents  or  other records prepared by the Experimental
14        Organ  Transplantation  Procedures  Board  or  its  staff
15        relating to applications it has received.
16             (bb)  Insurance or  self  insurance  (including  any
17        intergovernmental  risk  management  association  or self
18        insurance  pool)  claims,   loss   or   risk   management
19        information, records, data, advice or communications.
20             (cc)  Information and records held by the Department
21        of  Public  Health  and  its  authorized  representatives
22        relating   to   known  or  suspected  cases  of  sexually
23        transmissible disease or any information  the  disclosure
24        of  which  is  restricted  under  the  Illinois  Sexually
25        Transmissible Disease Control Act.
26             (dd)  Information   the   disclosure   of  which  is
27        exempted under Section 30 of the Radon Industry Licensing
28        Act.
29             (ee)  Firm performance evaluations under Section  55
30        of  the  Architectural,  Engineering,  and Land Surveying
31        Qualifications Based Selection Act.
32             (ff)  Security portions  of  system  safety  program
33        plans,  investigation reports, surveys, schedules, lists,
34        data, or information compiled, collected, or prepared  by
 
                            -17-               LRB9103139PTmb
 1        or   for  the  Regional  Transportation  Authority  under
 2        Section 2.11 of the Regional Transportation Authority Act
 3        or the State  of  Missouri  under  the  Bi-State  Transit
 4        Safety Act.
 5             (gg)  Information   the   disclosure   of  which  is
 6        restricted and exempted under Section 50 of the  Illinois
 7        Prepaid Tuition Act.
 8             (hh)  Information   the   disclosure   of  which  is
 9        exempted under Section 80 of the State Gift Ban Act.
10             (ii)  Beginning July 1, 1999, (hh) information  that
11        would  disclose or might lead to the disclosure of secret
12        or confidential information, codes, algorithms, programs,
13        or private keys intended to be used to create  electronic
14        or  digital  signatures  under  the  Electronic  Commerce
15        Security Act.
16        (2)  This  Section  does  not  authorize  withholding  of
17    information  or  limit  the  availability  of  records to the
18    public,  except  as  stated  in  this  Section  or  otherwise
19    provided in this Act.
20    (Source: P.A. 90-262, eff.  7-30-97;  90-273,  eff.  7-30-97;
21    90-546,  eff.  12-1-97;  90-655,  eff.  7-30-98; 90-737, eff.
22    1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)

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

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