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Public Act 095-0988


 

Public Act 0988 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0988
 
SB0546 Re-Enrolled LRB095 09375 JAM 29570 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Notary Public Act is amended by
changing Sections 3-101, 3-102, 3-104, and 6-102 as follows:
 
    (5 ILCS 312/3-101)  (from Ch. 102, par. 203-101)
    Sec. 3-101. Official Seal and Signature.
    (a) Each notary public shall, upon receiving the commission
from the county clerk, obtain an official rubber stamp seal
with which the notary shall authenticate his official acts. The
rubber stamp seal shall contain the following information:
        (1) (a) the words "Official Seal";
        (2) (b) the notary's official name;
        (3) (c) the words "Notary Public", "State of Illinois",
    and "My commission expires____________(commission
    expiration date)"; and
        (4) (d) a serrated or milled edge border in a
    rectangular form not more than one inch in height by two
    and one-half inches in length surrounding the information.
    (b) At the time of the notarial act, a notary public shall
officially sign every notary certificate and affix the rubber
stamp seal clearly and legibly using black ink, so that it is
capable of photographic reproduction. The illegibility of any
of the information required by this Section does not affect the
validity of a transaction.
    This subsection does not apply on or after July 1, 2013.
(Source: P.A. 84-322.)
 
    (5 ILCS 312/3-102)  (from Ch. 102, par. 203-102)
    Sec. 3-102. Notarial Record; Residential Real Property
Transactions Official Signature.
    (a) This Section shall apply to every notarial act in
Illinois involving a document of conveyance that transfers or
purports to transfer title to residential real property located
in Cook County.
    (b) As used in this Section, the following terms shall have
the meanings ascribed to them:
        (1) "Document of Conveyance" shall mean a written
    instrument that transfers or purports to transfer title
    effecting a change in ownership to Residential Real
    Property, excluding:
            (i) court-ordered and court-authorized conveyances
        of Residential Real Property, including without
        limitation, quit-claim deeds executed pursuant to a
        marital settlement agreement incorporated into a
        judgment of dissolution of marriage, and transfers in
        the administration of a probate estate;
            (ii) judicial sale deeds relating to Residential
        Real Property, including without limitation, sale
        deeds issued pursuant to proceedings to foreclose a
        mortgage or execute on a levy to enforce a judgment;
            (iii) deeds transferring ownership of Residential
        Real Property to a trust where the beneficiary is also
        the grantor;
            (iv) deeds from grantors to themselves that are
        intended to change the nature or type of tenancy by
        which they own Residential Real Property;
            (v) deeds from a grantor to the grantor and another
        natural person that are intended to establish a tenancy
        by which the grantor and the other natural person own
        Residential Real Property;
            (vi) deeds executed to the mortgagee in lieu of
        foreclosure of a mortgage; and
            (vii) deeds transferring ownership to a revocable
        or irrevocable grantor trust where the beneficiary
        includes the grantor.
        (2) "Financial Institution" shall mean a State or
    federally chartered bank, savings and loan association,
    savings bank, or credit union.
        (3) "Notarial Record" shall mean the written document
    created in conformity with this Section by a notary in
    connection with Documents of Conveyance.
        (4) "Residential Real Property" shall mean a building
    or buildings located in Cook County, Illinois and
    containing one to 4 dwelling units or an individual
    residential condominium unit.
        (5) "Title Insurance Agent" shall have the meaning
    ascribed to it under the Title Insurance Act.
        (6) "Title Insurance Company" shall have the meaning
    ascribed to it under the Title Insurance Act.
    (c) A notary appointed and commissioned as a notary in
Illinois shall, in addition to compliance with other provisions
of this Act, create a Notarial Record of each notarial act
performed in connection with a Document of Conveyance. The
Notarial Record shall contain:
        (1) The date of the notarial act;
        (2) The type, title, or a description of the Document
    of Conveyance being notarized, and the property index
    number ("PIN") used to identify the Residential Real
    Property for assessment or taxation purposes and the common
    street address for the Residential Real Property that is
    the subject of the Document of Conveyance;
        (3) The signature, printed name, and residence street
    address of each person whose signature is the subject of
    the notarial act and a certification by the person that the
    property is Residential Real Property as defined in this
    Section, which states "The undersigned grantor hereby
    certifies that the real property identified in this
    Notarial Record is Residential Real Property as defined in
    the Illinois Notary Public Act".
        (4) A description of the satisfactory evidence
    reviewed by the notary to determine the identity of the
    person whose signature is the subject of the notarial act;
        (5) The date of notarization, the fee charged for the
    notarial act, the Notary's home or business phone number,
    the Notary's residence street address, the Notary's
    commission expiration date, the correct legal name of the
    Notary's employer or principal, and the business street
    address of the Notary's employer or principal; and
        (6) The notary public shall require the person signing
    the Document of Conveyance (including an agent acting on
    behalf of a principal under a duly executed power of
    attorney), whose signature is the subject of the notarial
    act, to place his or her right thumbprint on the Notarial
    Record. If the right thumbprint is not available, then the
    notary shall have the party use his or her left thumb, or
    any available finger, and shall so indicate on the Notarial
    Record. If the party signing the document is physically
    unable to provide a thumbprint or fingerprint, the notary
    shall so indicate on the Notarial Record and shall also
    provide an explanation of that physical condition. The
    notary may obtain the thumbprint by any means that reliably
    captures the image of the finger in a physical or
    electronic medium.
    (d) If a notarial act under this Section is performed by a
notary who is a principal, employee, or agent of a Title
Insurance Company, Title Insurance Agent, Financial
Institution, or attorney at law, the notary shall deliver the
original Notarial Record to the notary's employer or principal
within 14 days after the performance of the notarial act for
retention for a period of 7 years as part of the employer's or
principal's business records. In the event of a sale or merger
of any of the foregoing entities or persons, the successor or
assignee of the entity or person shall assume the
responsibility to maintain the Notarial Record for the balance
of the 7-year business records retention period. Liquidation or
other cessation of activities in the ordinary course of
business by any of the foregoing entities or persons shall
relieve the entity or person from the obligation to maintain
Notarial Records after delivery of Notarial Records to the
Recorder of Deeds of Cook County, Illinois.
    (e) If a notarial act is performed by a notary who is not a
principal, employee, or agent of a Title Insurance Company,
Title Insurance Agent, Financial Institution, or attorney at
law, the notary shall deliver the original Notarial Record
within 14 days after the performance of the notarial act to the
Recorder of Deeds of Cook County, Illinois for retention for a
period of 7 years, accompanied by a filing fee of $5.
    (f) The Notarial Record required under subsection (c) of
this Section shall be created and maintained for each person
whose signature is the subject of a notarial act regarding a
Document of Conveyance and shall be in substantially the
following form:
 
NOTARIAL RECORD - RESIDENTIAL REAL PROPERTY TRANSACTIONS
Date Notarized:
Fee: $
 
The undersigned grantor hereby certifies that the real property
identified in this Notarial Record is Residential Real Property
as defined in the Illinois Notary Public Act.
 
Grantor's (Signer's) Printed Name:
 
Grantor's (Signer's) Signature:
 
Grantor's (Signer's) Residential Street Address, City, State,
and Zip:
 
Type or Name of Document of Conveyance:
 
PIN No. of Residential Real Property:
 
Common Street Address of Residential Real Property:
 
Thumbprint or Fingerprint:
 
Description of Means of Identification:
 
Additional Comments:
 
Name of Notary Printed:
 
Notary Phone Number:
 
Commission Expiration Date:
 
Residential Street Address of Notary, City, State, and Zip:
 
Name of Notary's Employer or Principal:
 
Business Street Address of Notary's Employer or Principal,
City, State, and Zip:
 
    (g) No copies of the original Notarial Record may be made
or retained by the Notary. The Notary's employer or principal
may retain copies of the Notarial Records as part of its
business records, subject to applicable privacy and
confidentiality standards.
    (h) The failure of a notary to comply with the procedure
set forth in this Section shall not affect the validity of the
Residential Real Property transaction in connection to which
the Document of Conveyance is executed, in the absence of
fraud.
    (i) The Notarial Record or other medium containing the
thumbprint or fingerprint required by subsection (c)(6) shall
be made available or disclosed only upon receipt of a subpoena
duly authorized by a court of competent jurisdiction. Such
Notarial Record or other medium shall not be subject to
disclosure under the Freedom of Information Act and shall not
be made available to any other party, other than a party in
succession of interest to the party maintaining the Notarial
Record or other medium pursuant to subsection (d) or (e).
    (j) In the event there is a breach in the security of a
Notarial Record maintained pursuant to subsections (d) and (e)
by the Recorder of Deeds of Cook County, Illinois, the Recorder
shall notify the person identified as the "signer" in the
Notarial Record at the signer's residential street address set
forth in the Notarial Record. "Breach" shall mean unauthorized
acquisition of the fingerprint data contained in the Notarial
Record that compromises the security, confidentiality, or
integrity of the fingerprint data maintained by the Recorder.
The notification shall be in writing and made in the most
expedient time possible and without unreasonable delay,
consistent with any measures necessary to determine the scope
of the breach and restore the reasonable security,
confidentiality, and integrity of the Recorder's data system.
    (k) Subsections (a) through (i) shall not apply on and
after July 1, 2013.
    (l) Beginning July 1, 2013, at At the time of notarization,
a notary public shall officially sign every notary certificate
and affix the rubber stamp seal clearly and legibly using black
ink, so that it is capable of photographic reproduction. The
illegibility of any of the information required by this Section
does not affect the validity of a transaction.
(Source: P.A. 84-322.)
 
    (5 ILCS 312/3-104)  (from Ch. 102, par. 203-104)
    Sec. 3-104. Maximum Fee.
    (a) Except as provided in subsection (b) of this Section,
the maximum fee in this State is $1.00 for any notarial act
performed and, until July 1, 2013, up to $25 for any notarial
act performed pursuant to Section 3-102.
    (b) Fees for a notary public, agency, or any other person
who is not an attorney or an accredited representative filling
out immigration forms shall be limited to the following:
        (1) $10 per form completion;
        (2) $10 per page for the translation of a non-English
    language into English where such translation is required
    for immigration forms;
        (3) $1 for notarizing;
        (4) $3 to execute any procedures necessary to obtain a
    document required to complete immigration forms; and
        (5) A maximum of $75 for one complete application.
    Fees authorized under this subsection shall not include
application fees required to be submitted with immigration
applications.
    Any person who violates the provisions of this subsection
shall be guilty of a Class A misdemeanor for a first offense
and a Class 3 felony for a second or subsequent offense
committed within 5 years of a previous conviction for the same
offense.
    (c) Upon his own information or upon complaint of any
person, the Attorney General or any State's Attorney, or their
designee, may maintain an action for injunctive relief in the
court against any notary public or any other person who
violates the provisions of subsection (b) of this Section.
These remedies are in addition to, and not in substitution for,
other available remedies.
    If the Attorney General or any State's Attorney fails to
bring an action as provided pursuant to this subsection within
90 days of receipt of a complaint, any person may file a civil
action to enforce the provisions of this subsection and
maintain an action for injunctive relief.
    (d) All notaries public must provide receipts and keep
records for fees accepted for services provided. Failure to
provide receipts and keep records that can be presented as
evidence of no wrongdoing shall be construed as a presumptive
admission of allegations raised in complaints against the
notary for violations related to accepting prohibited fees.
(Source: P.A. 93-1001, eff. 8-23-04.)
 
    (5 ILCS 312/6-102)  (from Ch. 102, par. 206-102)
    Sec. 6-102. Notarial Acts. (a) In taking an acknowledgment,
the notary public must determine, either from personal
knowledge or from satisfactory evidence, that the person
appearing before the notary and making the acknowledgment is
the person whose true signature is on the instrument.
    (b) In taking a verification upon oath or affirmation, the
notary public must determine, either from personal knowledge or
from satisfactory evidence, that the person appearing before
the notary and making the verification is the person whose true
signature is on the statement verified.
    (c) In witnessing or attesting a signature, the notary
public must determine, either from personal knowledge or from
satisfactory evidence, that the signature is that of the person
appearing before the notary and named therein.
    (d) A notary public has satisfactory evidence that a person
is the person whose true signature is on a document if that
person:
    (1) is personally known to the notary;
    (2) is identified upon the oath or affirmation of a
credible witness personally known to the notary; or
    (3) is identified on the basis of identification documents.
Until July 1, 2013, identification documents are documents that
are valid at the time of the notarial act, issued by a state or
federal government agency, and bearing the photographic image
of the individual's face and signature of the individual.
(Source: P.A. 84-322.)
 
    Section 10. The Freedom of Information Act is amended by
changing Section 7 as follows:
 
    (5 ILCS 140/7)  (from Ch. 116, par. 207)
    Sec. 7. Exemptions.
    (1) The following shall be exempt from inspection and
copying:
        (a) Information specifically prohibited from
    disclosure by federal or State law or rules and regulations
    adopted under federal or State law.
        (b) Information that, if disclosed, would constitute a
    clearly unwarranted invasion of personal privacy, unless
    the disclosure is consented to in writing by the individual
    subjects of the information. The disclosure of information
    that bears on the public duties of public employees and
    officials shall not be considered an invasion of personal
    privacy. Information exempted under this subsection (b)
    shall include but is not limited to:
            (i) files and personal information maintained with
        respect to clients, patients, residents, students or
        other individuals receiving social, medical,
        educational, vocational, financial, supervisory or
        custodial care or services directly or indirectly from
        federal agencies or public bodies;
            (ii) personnel files and personal information
        maintained with respect to employees, appointees or
        elected officials of any public body or applicants for
        those positions;
            (iii) files and personal information maintained
        with respect to any applicant, registrant or licensee
        by any public body cooperating with or engaged in
        professional or occupational registration, licensure
        or discipline;
            (iv) information required of any taxpayer in
        connection with the assessment or collection of any tax
        unless disclosure is otherwise required by State
        statute;
            (v) information revealing the identity of persons
        who file complaints with or provide information to
        administrative, investigative, law enforcement or
        penal agencies; provided, however, that identification
        of witnesses to traffic accidents, traffic accident
        reports, and rescue reports may be provided by agencies
        of local government, except in a case for which a
        criminal investigation is ongoing, without
        constituting a clearly unwarranted per se invasion of
        personal privacy under this subsection; and
            (vi) the names, addresses, or other personal
        information of participants and registrants in park
        district, forest preserve district, and conservation
        district programs; and .
            (vii) the Notarial Record or other medium
        containing the thumbprint or fingerprint required by
        Section 3-102(c)(6) of the Illinois Notary Public Act.
        (c) Records compiled by any public body for
    administrative enforcement proceedings and any law
    enforcement or correctional agency for law enforcement
    purposes or for internal matters of a public body, but only
    to the extent that disclosure would:
            (i) interfere with pending or actually and
        reasonably contemplated law enforcement proceedings
        conducted by any law enforcement or correctional
        agency;
            (ii) interfere with pending administrative
        enforcement proceedings conducted by any public body;
            (iii) deprive a person of a fair trial or an
        impartial hearing;
            (iv) unavoidably disclose the identity of a
        confidential source or confidential information
        furnished only by the confidential source;
            (v) disclose unique or specialized investigative
        techniques other than those generally used and known or
        disclose internal documents of correctional agencies
        related to detection, observation or investigation of
        incidents of crime or misconduct;
            (vi) constitute an invasion of personal privacy
        under subsection (b) of this Section;
            (vii) endanger the life or physical safety of law
        enforcement personnel or any other person; or
            (viii) obstruct an ongoing criminal investigation.
        (d) Criminal history record information maintained by
    State or local criminal justice agencies, except the
    following which shall be open for public inspection and
    copying:
            (i) chronologically maintained arrest information,
        such as traditional arrest logs or blotters;
            (ii) the name of a person in the custody of a law
        enforcement agency and the charges for which that
        person is being held;
            (iii) court records that are public;
            (iv) records that are otherwise available under
        State or local law; or
            (v) records in which the requesting party is the
        individual identified, except as provided under part
        (vii) of paragraph (c) of subsection (1) of this
        Section.
        "Criminal history record information" means data
    identifiable to an individual and consisting of
    descriptions or notations of arrests, detentions,
    indictments, informations, pre-trial proceedings, trials,
    or other formal events in the criminal justice system or
    descriptions or notations of criminal charges (including
    criminal violations of local municipal ordinances) and the
    nature of any disposition arising therefrom, including
    sentencing, court or correctional supervision,
    rehabilitation and release. The term does not apply to
    statistical records and reports in which individuals are
    not identified and from which their identities are not
    ascertainable, or to information that is for criminal
    investigative or intelligence purposes.
        (e) Records that relate to or affect the security of
    correctional institutions and detention facilities.
        (f) Preliminary drafts, notes, recommendations,
    memoranda and other records in which opinions are
    expressed, or policies or actions are formulated, except
    that a specific record or relevant portion of a record
    shall not be exempt when the record is publicly cited and
    identified by the head of the public body. The exemption
    provided in this paragraph (f) extends to all those records
    of officers and agencies of the General Assembly that
    pertain to the preparation of legislative documents.
        (g) Trade secrets and commercial or financial
    information obtained from a person or business where the
    trade secrets or information are proprietary, privileged
    or confidential, or where disclosure of the trade secrets
    or information may cause competitive harm, including:
            (i) All information determined to be confidential
        under Section 4002 of the Technology Advancement and
        Development Act.
            (ii) All trade secrets and commercial or financial
        information obtained by a public body, including a
        public pension fund, from a private equity fund or a
        privately held company within the investment portfolio
        of a private equity fund as a result of either
        investing or evaluating a potential investment of
        public funds in a private equity fund. The exemption
        contained in this item does not apply to the aggregate
        financial performance information of a private equity
        fund, nor to the identity of the fund's managers or
        general partners. The exemption contained in this item
        does not apply to the identity of a privately held
        company within the investment portfolio of a private
        equity fund, unless the disclosure of the identity of a
        privately held company may cause competitive harm.
    Nothing contained in this paragraph (g) shall be construed
to prevent a person or business from consenting to disclosure.
        (h) Proposals and bids for any contract, grant, or
    agreement, including information which if it were
    disclosed would frustrate procurement or give an advantage
    to any person proposing to enter into a contractor
    agreement with the body, until an award or final selection
    is made. Information prepared by or for the body in
    preparation of a bid solicitation shall be exempt until an
    award or final selection is made.
        (i) Valuable formulae, computer geographic systems,
    designs, drawings and research data obtained or produced by
    any public body when disclosure could reasonably be
    expected to produce private gain or public loss. The
    exemption for "computer geographic systems" provided in
    this paragraph (i) does not extend to requests made by news
    media as defined in Section 2 of this Act when the
    requested information is not otherwise exempt and the only
    purpose of the request is to access and disseminate
    information regarding the health, safety, welfare, or
    legal rights of the general public.
        (j) Test questions, scoring keys and other examination
    data used to administer an academic examination or
    determined the qualifications of an applicant for a license
    or employment.
        (k) Architects' plans, engineers' technical
    submissions, and other construction related technical
    documents for projects not constructed or developed in
    whole or in part with public funds and the same for
    projects constructed or developed with public funds, but
    only to the extent that disclosure would compromise
    security, including but not limited to water treatment
    facilities, airport facilities, sport stadiums, convention
    centers, and all government owned, operated, or occupied
    buildings.
        (l) Library circulation and order records identifying
    library users with specific materials.
        (m) Minutes of meetings of public bodies closed to the
    public as provided in the Open Meetings Act until the
    public body makes the minutes available to the public under
    Section 2.06 of the Open Meetings Act.
        (n) Communications between a public body and an
    attorney or auditor representing the public body that would
    not be subject to discovery in litigation, and materials
    prepared or compiled by or for a public body in
    anticipation of a criminal, civil or administrative
    proceeding upon the request of an attorney advising the
    public body, and materials prepared or compiled with
    respect to internal audits of public bodies.
        (o) Information received by a primary or secondary
    school, college or university under its procedures for the
    evaluation of faculty members by their academic peers.
        (p) Administrative or technical information associated
    with automated data processing operations, including but
    not limited to software, operating protocols, computer
    program abstracts, file layouts, source listings, object
    modules, load modules, user guides, documentation
    pertaining to all logical and physical design of
    computerized systems, employee manuals, and any other
    information that, if disclosed, would jeopardize the
    security of the system or its data or the security of
    materials exempt under this Section.
        (q) Documents or materials relating to collective
    negotiating matters between public bodies and their
    employees or representatives, except that any final
    contract or agreement shall be subject to inspection and
    copying.
        (r) Drafts, notes, recommendations and memoranda
    pertaining to the financing and marketing transactions of
    the public body. The records of ownership, registration,
    transfer, and exchange of municipal debt obligations, and
    of persons to whom payment with respect to these
    obligations is made.
        (s) The records, documents and information relating to
    real estate purchase negotiations until those negotiations
    have been completed or otherwise terminated. With regard to
    a parcel involved in a pending or actually and reasonably
    contemplated eminent domain proceeding under the Eminent
    Domain Act, records, documents and information relating to
    that parcel shall be exempt except as may be allowed under
    discovery rules adopted by the Illinois Supreme Court. The
    records, documents and information relating to a real
    estate sale shall be exempt until a sale is consummated.
        (t) Any and all proprietary information and records
    related to the operation of an intergovernmental risk
    management association or self-insurance pool or jointly
    self-administered health and accident cooperative or pool.
        (u) Information concerning a university's adjudication
    of student or employee grievance or disciplinary cases, to
    the extent that disclosure would reveal the identity of the
    student or employee and information concerning any public
    body's adjudication of student or employee grievances or
    disciplinary cases, except for the final outcome of the
    cases.
        (v) Course materials or research materials used by
    faculty members.
        (w) Information related solely to the internal
    personnel rules and practices of a public body.
        (x) Information contained in or related to
    examination, operating, or condition reports prepared by,
    on behalf of, or for the use of a public body responsible
    for the regulation or supervision of financial
    institutions or insurance companies, unless disclosure is
    otherwise required by State law.
        (y) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (z) Manuals or instruction to staff that relate to
    establishment or collection of liability for any State tax
    or that relate to investigations by a public body to
    determine violation of any criminal law.
        (aa) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other records
    prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (bb) Insurance or self insurance (including any
    intergovernmental risk management association or self
    insurance pool) claims, loss or risk management
    information, records, data, advice or communications.
        (cc) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (dd) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (ee) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (ff) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Regional Transportation Authority under Section 2.11 of
    the Regional Transportation Authority Act or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (gg) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (hh) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act.
        (ii) Beginning July 1, 1999, information that would
    disclose or might lead to the disclosure of secret or
    confidential information, codes, algorithms, programs, or
    private keys intended to be used to create electronic or
    digital signatures under the Electronic Commerce Security
    Act.
        (jj) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a local
    emergency energy plan ordinance that is adopted under
    Section 11-21.5-5 of the Illinois Municipal Code.
        (kk) Information and data concerning the distribution
    of surcharge moneys collected and remitted by wireless
    carriers under the Wireless Emergency Telephone Safety
    Act.
        (ll) Vulnerability assessments, security measures, and
    response policies or plans that are designed to identify,
    prevent, or respond to potential attacks upon a community's
    population or systems, facilities, or installations, the
    destruction or contamination of which would constitute a
    clear and present danger to the health or safety of the
    community, but only to the extent that disclosure could
    reasonably be expected to jeopardize the effectiveness of
    the measures or the safety of the personnel who implement
    them or the public. Information exempt under this item may
    include such things as details pertaining to the
    mobilization or deployment of personnel or equipment, to
    the operation of communication systems or protocols, or to
    tactical operations.
        (mm) Maps and other records regarding the location or
    security of a utility's generation, transmission,
    distribution, storage, gathering, treatment, or switching
    facilities.
        (nn) Law enforcement officer identification
    information or driver identification information compiled
    by a law enforcement agency or the Department of
    Transportation under Section 11-212 of the Illinois
    Vehicle Code.
        (oo) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (pp) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (qq) Defense budgets and petitions for certification
    of compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the Capital
    Crimes Litigation Act. This subsection (qq) shall apply
    until the conclusion of the trial of the case, even if the
    prosecution chooses not to pursue the death penalty prior
    to trial or sentencing.
    (2) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237,
eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03;
93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff.
1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff.
6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised
8-3-06.)
 
    Section 99. Effective date. This Act takes effect June 1,
2009.

Effective Date: 6/1/2009