SB3695 EngrossedLRB102 24260 HEP 33491 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Sections 2 and 7 as follows:
 
6    (5 ILCS 140/2)  (from Ch. 116, par. 202)
7    Sec. 2. Definitions. As used in this Act:
8    (a) "Public body" means all legislative, executive,
9administrative, or advisory bodies of the State, state
10universities and colleges, counties, townships, cities,
11villages, incorporated towns, school districts and all other
12municipal corporations, boards, bureaus, committees, or
13commissions of this State, any subsidiary bodies of any of the
14foregoing including but not limited to committees and
15subcommittees thereof, and a School Finance Authority created
16under Article 1E of the School Code. "Public body" does not
17include a child death review team or the Illinois Child Death
18Review Teams Executive Council established under the Child
19Death Review Team Act, or a regional youth advisory board or
20the Statewide Youth Advisory Board established under the
21Department of Children and Family Services Statewide Youth
22Advisory Board Act.
23    (b) "Person" means any individual, corporation,

 

 

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1partnership, firm, organization or association, acting
2individually or as a group.
3    (c) "Public records" means all records, reports, forms,
4writings, letters, memoranda, books, papers, maps,
5photographs, microfilms, cards, tapes, recordings, electronic
6data processing records, electronic communications, recorded
7information and all other documentary materials pertaining to
8the transaction of public business, regardless of physical
9form or characteristics, having been prepared by or for, or
10having been or being used by, received by, in the possession
11of, or under the control of any public body.
12    (c-5) "Private information" means unique identifiers,
13including a person's social security number, driver's license
14number, employee identification number, biometric identifiers,
15personal financial information, passwords or other access
16codes, medical records(including electronic medical records
17and the information contained within or extracted from an
18electronic medical records system operated or maintained by a
19Health Insurance Portability and Accountability Act (HIPAA)
20covered entity as defined at 45 CFR 160.103, including
21information that alone or compiled, or under circumstances in
22which the patient information combined with other information
23could allow for patient identification, in compliance with
24State and federal medical privacy laws and regulations,
25including, but not limited to, HIPAA and its regulations, 45
26CFR Parts 160 and 164), home or personal telephone numbers,

 

 

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1and personal email addresses. Private information also
2includes home address and personal license plates, except as
3otherwise provided by law or when compiled without possibility
4of attribution to any person.
5    (c-10) "Commercial purpose" means the use of any part of a
6public record or records, or information derived from public
7records, in any form for sale, resale, or solicitation or
8advertisement for sales or services. For purposes of this
9definition, requests made by news media and non-profit,
10scientific, or academic organizations shall not be considered
11to be made for a "commercial purpose" when the principal
12purpose of the request is (i) to access and disseminate
13information concerning news and current or passing events,
14(ii) for articles of opinion or features of interest to the
15public, or (iii) for the purpose of academic, scientific, or
16public research or education.
17    (d) "Copying" means the reproduction of any public record
18by means of any photographic, electronic, mechanical or other
19process, device or means now known or hereafter developed and
20available to the public body.
21    (e) "Head of the public body" means the president, mayor,
22chairman, presiding officer, director, superintendent,
23manager, supervisor or individual otherwise holding primary
24executive and administrative authority for the public body, or
25such person's duly authorized designee.
26    (f) "News media" means a newspaper or other periodical

 

 

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1issued at regular intervals whether in print or electronic
2format, a news service whether in print or electronic format,
3a radio station, a television station, a television network, a
4community antenna television service, or a person or
5corporation engaged in making news reels or other motion
6picture news for public showing.
7    (g) "Recurrent requester", as used in Section 3.2 of this
8Act, means a person that, in the 12 months immediately
9preceding the request, has submitted to the same public body
10(i) a minimum of 50 requests for records, (ii) a minimum of 15
11requests for records within a 30-day period, or (iii) a
12minimum of 7 requests for records within a 7-day period. For
13purposes of this definition, requests made by news media and
14non-profit, scientific, or academic organizations shall not be
15considered in calculating the number of requests made in the
16time periods in this definition when the principal purpose of
17the requests is (i) to access and disseminate information
18concerning news and current or passing events, (ii) for
19articles of opinion or features of interest to the public, or
20(iii) for the purpose of academic, scientific, or public
21research or education.
22    For the purposes of this subsection (g), "request" means a
23written document (or oral request, if the public body chooses
24to honor oral requests) that is submitted to a public body via
25personal delivery, mail, telefax, electronic mail, or other
26means available to the public body and that identifies the

 

 

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1particular public record the requester seeks. One request may
2identify multiple records to be inspected or copied.
3    (h) "Voluminous request" means a request that: (i)
4includes more than 5 individual requests for more than 5
5different categories of records or a combination of individual
6requests that total requests for more than 5 different
7categories of records in a period of 20 business days; or (ii)
8requires the compilation of more than 500 letter or
9legal-sized pages of public records unless a single requested
10record exceeds 500 pages. "Single requested record" may
11include, but is not limited to, one report, form, e-mail,
12letter, memorandum, book, map, microfilm, tape, or recording.
13    "Voluminous request" does not include a request made by
14news media and non-profit, scientific, or academic
15organizations if the principal purpose of the request is: (1)
16to access and disseminate information concerning news and
17current or passing events; (2) for articles of opinion or
18features of interest to the public; or (3) for the purpose of
19academic, scientific, or public research or education.
20    For the purposes of this subsection (h), "request" means a
21written document, or oral request, if the public body chooses
22to honor oral requests, that is submitted to a public body via
23personal delivery, mail, telefax, electronic mail, or other
24means available to the public body and that identifies the
25particular public record or records the requester seeks. One
26request may identify multiple individual records to be

 

 

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1inspected or copied.
2    (i) "Severance agreement" means a mutual agreement between
3any public body and its employee for the employee's
4resignation in exchange for payment by the public body.
5(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
699-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
 
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
11disclosure under this Section, but also contains information
12that is not exempt from disclosure, the public body may elect
13to redact the information that is exempt. The public body
14shall make the remaining information available for inspection
15and copying. Subject to this requirement, the following shall
16be exempt from inspection and copying:
17        (a) Information specifically prohibited from
18    disclosure by federal or State law or rules and
19    regulations implementing federal or State law.
20        (b) Private information, unless disclosure is required
21    by another provision of this Act, a State or federal law or
22    a court order.
23        (b-5) Files, documents, and other data or databases
24    maintained by one or more law enforcement agencies and
25    specifically designed to provide information to one or

 

 

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1    more law enforcement agencies regarding the physical or
2    mental status of one or more individual subjects.
3        (c) Personal information contained within public
4    records, the disclosure of which would constitute a
5    clearly unwarranted invasion of personal privacy, unless
6    the disclosure is consented to in writing by the
7    individual subjects of the information. "Unwarranted
8    invasion of personal privacy" means the disclosure of
9    information that is highly personal or objectionable to a
10    reasonable person and in which the subject's right to
11    privacy outweighs any legitimate public interest in
12    obtaining the information. The disclosure of information
13    that bears on the public duties of public employees and
14    officials shall not be considered an invasion of personal
15    privacy.
16        (d) Records in the possession of any public body
17    created in the course of administrative enforcement
18    proceedings, and any law enforcement or correctional
19    agency for law enforcement purposes, but only to the
20    extent that disclosure would:
21            (i) interfere with pending or actually and
22        reasonably contemplated law enforcement proceedings
23        conducted by any law enforcement or correctional
24        agency that is the recipient of the request;
25            (ii) interfere with active administrative
26        enforcement proceedings conducted by the public body

 

 

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1        that is the recipient of the request;
2            (iii) create a substantial likelihood that a
3        person will be deprived of a fair trial or an impartial
4        hearing;
5            (iv) unavoidably disclose the identity of a
6        confidential source, confidential information
7        furnished only by the confidential source, or persons
8        who file complaints with or provide information to
9        administrative, investigative, law enforcement, or
10        penal agencies; except that the identities of
11        witnesses to traffic accidents, traffic accident
12        reports, and rescue reports shall be provided by
13        agencies of local government, except when disclosure
14        would interfere with an active criminal investigation
15        conducted by the agency that is the recipient of the
16        request;
17            (v) disclose unique or specialized investigative
18        techniques other than those generally used and known
19        or disclose internal documents of correctional
20        agencies related to detection, observation or
21        investigation of incidents of crime or misconduct, and
22        disclosure would result in demonstrable harm to the
23        agency or public body that is the recipient of the
24        request;
25            (vi) endanger the life or physical safety of law
26        enforcement personnel or any other person; or

 

 

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1            (vii) obstruct an ongoing criminal investigation
2        by the agency that is the recipient of the request.
3        (d-5) A law enforcement record created for law
4    enforcement purposes and contained in a shared electronic
5    record management system if the law enforcement agency
6    that is the recipient of the request did not create the
7    record, did not participate in or have a role in any of the
8    events which are the subject of the record, and only has
9    access to the record through the shared electronic record
10    management system.
11        (d-6) Records contained in the Officer Professional
12    Conduct Database under Section 9.2 9.4 of the Illinois
13    Police Training Act, except to the extent authorized under
14    that Section. This includes the documents supplied to the
15    Illinois Law Enforcement Training Standards Board from the
16    Illinois State Police and Illinois State Police Merit
17    Board.
18        (e) Records that relate to or affect the security of
19    correctional institutions and detention facilities.
20        (e-5) Records requested by persons committed to the
21    Department of Corrections, Department of Human Services
22    Division of Mental Health, or a county jail if those
23    materials are available in the library of the correctional
24    institution or facility or jail where the inmate is
25    confined.
26        (e-6) Records requested by persons committed to the

 

 

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1    Department of Corrections, Department of Human Services
2    Division of Mental Health, or a county jail if those
3    materials include records from staff members' personnel
4    files, staff rosters, or other staffing assignment
5    information.
6        (e-7) Records requested by persons committed to the
7    Department of Corrections or Department of Human Services
8    Division of Mental Health if those materials are available
9    through an administrative request to the Department of
10    Corrections or Department of Human Services Division of
11    Mental Health.
12        (e-8) Records requested by a person committed to the
13    Department of Corrections, Department of Human Services
14    Division of Mental Health, or a county jail, the
15    disclosure of which would result in the risk of harm to any
16    person or the risk of an escape from a jail or correctional
17    institution or facility.
18        (e-9) Records requested by a person in a county jail
19    or committed to the Department of Corrections or
20    Department of Human Services Division of Mental Health,
21    containing personal information pertaining to the person's
22    victim or the victim's family, including, but not limited
23    to, a victim's home address, home telephone number, work
24    or school address, work telephone number, social security
25    number, or any other identifying information, except as
26    may be relevant to a requester's current or potential case

 

 

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1    or claim.
2        (e-10) Law enforcement records of other persons
3    requested by a person committed to the Department of
4    Corrections, Department of Human Services Division of
5    Mental Health, or a county jail, including, but not
6    limited to, arrest and booking records, mug shots, and
7    crime scene photographs, except as these records may be
8    relevant to the requester's current or potential case or
9    claim.
10        (f) Preliminary drafts, notes, recommendations,
11    memoranda and other records in which opinions are
12    expressed, or policies or actions are formulated, except
13    that a specific record or relevant portion of a record
14    shall not be exempt when the record is publicly cited and
15    identified by the head of the public body. The exemption
16    provided in this paragraph (f) extends to all those
17    records of officers and agencies of the General Assembly
18    that pertain to the preparation of legislative documents.
19        (g) Trade secrets and commercial or financial
20    information obtained from a person or business where the
21    trade secrets or commercial or financial information are
22    furnished under a claim that they are proprietary,
23    privileged, or confidential, and that disclosure of the
24    trade secrets or commercial or financial information would
25    cause competitive harm to the person or business, and only
26    insofar as the claim directly applies to the records

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (z) Information about students exempted from
2    disclosure under Sections 10-20.38 or 34-18.29 of the
3    School Code, and information about undergraduate students
4    enrolled at an institution of higher education exempted
5    from disclosure under Section 25 of the Illinois Credit
6    Card Marketing Act of 2009.
7        (aa) Information the disclosure of which is exempted
8    under the Viatical Settlements Act of 2009.
9        (bb) Records and information provided to a mortality
10    review team and records maintained by a mortality review
11    team appointed under the Department of Juvenile Justice
12    Mortality Review Team Act.
13        (cc) Information regarding interments, entombments, or
14    inurnments of human remains that are submitted to the
15    Cemetery Oversight Database under the Cemetery Care Act or
16    the Cemetery Oversight Act, whichever is applicable.
17        (dd) Correspondence and records (i) that may not be
18    disclosed under Section 11-9 of the Illinois Public Aid
19    Code or (ii) that pertain to appeals under Section 11-8 of
20    the Illinois Public Aid Code.
21        (ee) The names, addresses, or other personal
22    information of persons who are minors and are also
23    participants and registrants in programs of park
24    districts, forest preserve districts, conservation
25    districts, recreation agencies, and special recreation
26    associations.

 

 

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1        (ff) The names, addresses, or other personal
2    information of participants and registrants in programs of
3    park districts, forest preserve districts, conservation
4    districts, recreation agencies, and special recreation
5    associations where such programs are targeted primarily to
6    minors.
7        (gg) Confidential information described in Section
8    1-100 of the Illinois Independent Tax Tribunal Act of
9    2012.
10        (hh) The report submitted to the State Board of
11    Education by the School Security and Standards Task Force
12    under item (8) of subsection (d) of Section 2-3.160 of the
13    School Code and any information contained in that report.
14        (ii) Records requested by persons committed to or
15    detained by the Department of Human Services under the
16    Sexually Violent Persons Commitment Act or committed to
17    the Department of Corrections under the Sexually Dangerous
18    Persons Act if those materials: (i) are available in the
19    library of the facility where the individual is confined;
20    (ii) include records from staff members' personnel files,
21    staff rosters, or other staffing assignment information;
22    or (iii) are available through an administrative request
23    to the Department of Human Services or the Department of
24    Corrections.
25        (jj) Confidential information described in Section
26    5-535 of the Civil Administrative Code of Illinois.

 

 

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1        (kk) The public body's credit card numbers, debit card
2    numbers, bank account numbers, Federal Employer
3    Identification Number, security code numbers, passwords,
4    and similar account information, the disclosure of which
5    could result in identity theft or impression or defrauding
6    of a governmental entity or a person.
7        (ll) Records concerning the work of the threat
8    assessment team of a school district.
9        (mm) All protected health information as defined by 45
10    CFR 16.103 that may be contained within or extracted from
11    any record held by a covered entity as defined by 45 CFR
12    160.103, including information that alone or compiled, or
13    under circumstances in which the patient information
14    combined with other information could allow for patient
15    identification, in compliance with HIPAA.
16    (1.5) Any information exempt from disclosure under the
17Judicial Privacy Act shall be redacted from public records
18prior to disclosure under this Act.
19    (2) A public record that is not in the possession of a
20public body but is in the possession of a party with whom the
21agency has contracted to perform a governmental function on
22behalf of the public body, and that directly relates to the
23governmental function and is not otherwise exempt under this
24Act, shall be considered a public record of the public body,
25for purposes of this Act.
26    (3) This Section does not authorize withholding of

 

 

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1information or limit the availability of records to the
2public, except as stated in this Section or otherwise provided
3in this Act.
4(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
5101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
66-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)