Rep. Marcus C. Evans, Jr.

Filed: 4/25/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1670

2    AMENDMENT NO. ______. Amend Senate Bill 1670 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1include a child death review team or the Illinois Child Death
2Review Teams Executive Council established under the Child
3Death Review Team Act, or a regional youth advisory board or
4the Statewide Youth Advisory Board established under the
5Department of Children and Family Services Statewide Youth
6Advisory Board Act.
7    (b) "Person" means any individual, corporation,
8partnership, firm, organization or association, acting
9individually or as a group.
10    (c) "Public records" means all records, reports, forms,
11writings, letters, memoranda, books, papers, maps,
12photographs, microfilms, cards, tapes, recordings, electronic
13data processing records, electronic communications, recorded
14information and all other documentary materials pertaining to
15the transaction of public business, regardless of physical
16form or characteristics, having been prepared by or for, or
17having been or being used by, received by, in the possession
18of, or under the control of any public body.
19    (c-5) "Private information" means unique identifiers,
20including a person's social security number, driver's license
21number, employee identification number, biometric identifiers,
22personal financial information, passwords or other access
23codes, medical records, home or personal telephone numbers,
24and personal email addresses. Private information also
25includes home address and personal license plates, except as
26otherwise provided by law or when compiled without possibility

 

 

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1of attribution to any person. For a public body that is a
2HIPAA-covered entity, "private information" includes
3electronic medical records and all information, including
4demographic information, contained within or extracted from an
5electronic medical records system operated or maintained by
6the public body in compliance with State and federal medical
7privacy laws and regulations, including, but not limited to,
8the Health Insurance Portability and Accountability Act and
9its regulations, 45 CFR Parts 160 and 164. As used in this
10subsection, "HIPAA-covered entity" has the meaning given to
11the term "covered entity" in 45 CFR 160.103.
12    (c-10) "Commercial purpose" means the use of any part of a
13public record or records, or information derived from public
14records, in any form for sale, resale, or solicitation or
15advertisement for sales or services. For purposes of this
16definition, requests made by news media and non-profit,
17scientific, or academic organizations shall not be considered
18to be made for a "commercial purpose" when the principal
19purpose of the request is (i) to access and disseminate
20information concerning news and current or passing events,
21(ii) for articles of opinion or features of interest to the
22public, or (iii) for the purpose of academic, scientific, or
23public research or education.
24    (d) "Copying" means the reproduction of any public record
25by means of any photographic, electronic, mechanical or other
26process, device or means now known or hereafter developed and

 

 

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1available to the public body.
2    (e) "Head of the public body" means the president, mayor,
3chairman, presiding officer, director, superintendent,
4manager, supervisor or individual otherwise holding primary
5executive and administrative authority for the public body, or
6such person's duly authorized designee.
7    (f) "News media" means a newspaper or other periodical
8issued at regular intervals whether in print or electronic
9format, a news service whether in print or electronic format,
10a radio station, a television station, a television network, a
11community antenna television service, or a person or
12corporation engaged in making news reels or other motion
13picture news for public showing.
14    (g) "Recurrent requester", as used in Section 3.2 of this
15Act, means a person that, in the 12 months immediately
16preceding the request, has submitted to the same public body
17(i) a minimum of 50 requests for records, (ii) a minimum of 15
18requests for records within a 30-day period, or (iii) a
19minimum of 7 requests for records within a 7-day period. For
20purposes of this definition, requests made by news media and
21non-profit, scientific, or academic organizations shall not be
22considered in calculating the number of requests made in the
23time periods in this definition when the principal purpose of
24the requests is (i) to access and disseminate information
25concerning news and current or passing events, (ii) for
26articles of opinion or features of interest to the public, or

 

 

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

 

 

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1    For the purposes of this subsection (h), "request" means a
2written document, or oral request, if the public body chooses
3to honor oral requests, that is submitted to a public body via
4personal delivery, mail, telefax, electronic mail, or other
5means available to the public body and that identifies the
6particular public record or records the requester seeks. One
7request may identify multiple individual records to be
8inspected or copied.
9    (i) "Severance agreement" means a mutual agreement between
10any public body and its employee for the employee's
11resignation in exchange for payment by the public body.
12(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
1399-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
 
14    (5 ILCS 140/7)
15    (Text of Section before amendment by P.A. 102-982)
16    Sec. 7. Exemptions.
17    (1) When a request is made to inspect or copy a public
18record that contains information that is exempt from
19disclosure under this Section, but also contains information
20that is not exempt from disclosure, the public body may elect
21to redact the information that is exempt. The public body
22shall make the remaining information available for inspection
23and copying. Subject to this requirement, the following shall
24be exempt from inspection and copying:
25        (a) Information specifically prohibited from

 

 

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1    disclosure by federal or State law or rules and
2    regulations implementing federal or State law.
3        (b) Private information, unless disclosure is required
4    by another provision of this Act, a State or federal law,
5    or a court order.
6        (b-5) Files, documents, and other data or databases
7    maintained by one or more law enforcement agencies and
8    specifically designed to provide information to one or
9    more law enforcement agencies regarding the physical or
10    mental status of one or more individual subjects.
11        (c) Personal information contained within public
12    records, the disclosure of which would constitute a
13    clearly unwarranted invasion of personal privacy, unless
14    the disclosure is consented to in writing by the
15    individual subjects of the information. "Unwarranted
16    invasion of personal privacy" means the disclosure of
17    information that is highly personal or objectionable to a
18    reasonable person and in which the subject's right to
19    privacy outweighs any legitimate public interest in
20    obtaining the information. The disclosure of information
21    that bears on the public duties of public employees and
22    officials shall not be considered an invasion of personal
23    privacy.
24        (d) Records in the possession of any public body
25    created in the course of administrative enforcement
26    proceedings, and any law enforcement or correctional

 

 

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1    agency for law enforcement purposes, but only to the
2    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 that is the recipient of the request;
7            (ii) interfere with active administrative
8        enforcement proceedings conducted by the public body
9        that is the recipient of the request;
10            (iii) create a substantial likelihood that a
11        person will be deprived of a fair trial or an impartial
12        hearing;
13            (iv) unavoidably disclose the identity of a
14        confidential source, confidential information
15        furnished only by the confidential source, or persons
16        who file complaints with or provide information to
17        administrative, investigative, law enforcement, or
18        penal agencies; except that the identities of
19        witnesses to traffic accidents, traffic accident
20        reports, and rescue reports shall be provided by
21        agencies of local government, except when disclosure
22        would interfere with an active criminal investigation
23        conducted by the agency that is the recipient of the
24        request;
25            (v) disclose unique or specialized investigative
26        techniques other than those generally used and known

 

 

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1        or disclose internal documents of correctional
2        agencies related to detection, observation, or
3        investigation of incidents of crime or misconduct, and
4        disclosure would result in demonstrable harm to the
5        agency or public body that is the recipient of the
6        request;
7            (vi) endanger the life or physical safety of law
8        enforcement personnel or any other person; or
9            (vii) obstruct an ongoing criminal investigation
10        by the agency that is the recipient of the request.
11        (d-5) A law enforcement record created for law
12    enforcement purposes and contained in a shared electronic
13    record management system if the law enforcement agency
14    that is the recipient of the request did not create the
15    record, did not participate in or have a role in any of the
16    events which are the subject of the record, and only has
17    access to the record through the shared electronic record
18    management system.
19        (d-6) Records contained in the Officer Professional
20    Conduct Database under Section 9.2 of the Illinois Police
21    Training Act, except to the extent authorized under that
22    Section. This includes the documents supplied to the
23    Illinois Law Enforcement Training Standards Board from the
24    Illinois State Police and Illinois State Police Merit
25    Board.
26        (e) Records that relate to or affect the security of

 

 

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1    correctional institutions and detention facilities.
2        (e-5) Records requested by persons committed to the
3    Department of Corrections, Department of Human Services
4    Division of Mental Health, or a county jail if those
5    materials are available in the library of the correctional
6    institution or facility or jail where the inmate is
7    confined.
8        (e-6) Records requested by persons committed to the
9    Department of Corrections, Department of Human Services
10    Division of Mental Health, or a county jail if those
11    materials include records from staff members' personnel
12    files, staff rosters, or other staffing assignment
13    information.
14        (e-7) Records requested by persons committed to the
15    Department of Corrections or Department of Human Services
16    Division of Mental Health if those materials are available
17    through an administrative request to the Department of
18    Corrections or Department of Human Services Division of
19    Mental Health.
20        (e-8) Records requested by a person committed to the
21    Department of Corrections, Department of Human Services
22    Division of Mental Health, or a county jail, the
23    disclosure of which would result in the risk of harm to any
24    person or the risk of an escape from a jail or correctional
25    institution or facility.
26        (e-9) Records requested by a person in a county jail

 

 

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1    or committed to the Department of Corrections or
2    Department of Human Services Division of Mental Health,
3    containing personal information pertaining to the person's
4    victim or the victim's family, including, but not limited
5    to, a victim's home address, home telephone number, work
6    or school address, work telephone number, social security
7    number, or any other identifying information, except as
8    may be relevant to a requester's current or potential case
9    or claim.
10        (e-10) Law enforcement records of other persons
11    requested by a person committed to the Department of
12    Corrections, Department of Human Services Division of
13    Mental Health, or a county jail, including, but not
14    limited to, arrest and booking records, mug shots, and
15    crime scene photographs, except as these records may be
16    relevant to the requester's current or potential case or
17    claim.
18        (f) Preliminary drafts, notes, recommendations,
19    memoranda, and other records in which opinions are
20    expressed, or policies or actions are formulated, except
21    that a specific record or relevant portion of a record
22    shall not be exempt when the record is publicly cited and
23    identified by the head of the public body. The exemption
24    provided in this paragraph (f) extends to all those
25    records of officers and agencies of the General Assembly
26    that pertain to the preparation of legislative documents.

 

 

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1        (g) Trade secrets and commercial or financial
2    information obtained from a person or business where the
3    trade secrets or commercial or financial information are
4    furnished under a claim that they are proprietary,
5    privileged, or confidential, and that disclosure of the
6    trade secrets or commercial or financial information would
7    cause competitive harm to the person or business, and only
8    insofar as the claim directly applies to the records
9    requested.
10        The information included under this exemption includes
11    all trade secrets and commercial or financial information
12    obtained by a public body, including a public pension
13    fund, from a private equity fund or a privately held
14    company within the investment portfolio of a private
15    equity fund as a result of either investing or evaluating
16    a potential investment of public funds in a private equity
17    fund. The exemption contained in this item does not apply
18    to the aggregate financial performance information of a
19    private equity fund, nor to the identity of the fund's
20    managers or general partners. The exemption contained in
21    this item does not apply to the identity of a privately
22    held company within the investment portfolio of a private
23    equity fund, unless the disclosure of the identity of a
24    privately held company may cause competitive harm.
25        Nothing contained in this paragraph (g) shall be
26    construed to prevent a person or business from consenting

 

 

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1    to disclosure.
2        (h) Proposals and bids for any contract, grant, or
3    agreement, including information which if it were
4    disclosed would frustrate procurement or give an advantage
5    to any person proposing to enter into a contractor
6    agreement with the body, until an award or final selection
7    is made. Information prepared by or for the body in
8    preparation of a bid solicitation shall be exempt until an
9    award or final selection is made.
10        (i) Valuable formulae, computer geographic systems,
11    designs, drawings, and research data obtained or produced
12    by any public body when disclosure could reasonably be
13    expected to produce private gain or public loss. The
14    exemption for "computer geographic systems" provided in
15    this paragraph (i) does not extend to requests made by
16    news media as defined in Section 2 of this Act when the
17    requested information is not otherwise exempt and the only
18    purpose of the request is to access and disseminate
19    information regarding the health, safety, welfare, or
20    legal rights of the general public.
21        (j) The following information pertaining to
22    educational matters:
23            (i) test questions, scoring keys, and other
24        examination data used to administer an academic
25        examination;
26            (ii) information received by a primary or

 

 

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1        secondary school, college, or university under its
2        procedures for the evaluation of faculty members by
3        their academic peers;
4            (iii) information concerning a school or
5        university's adjudication of student disciplinary
6        cases, but only to the extent that disclosure would
7        unavoidably reveal the identity of the student; and
8            (iv) course materials or research materials used
9        by faculty members.
10        (k) Architects' plans, engineers' technical
11    submissions, and other construction related technical
12    documents for projects not constructed or developed in
13    whole or in part with public funds and the same for
14    projects constructed or developed with public funds,
15    including, but not limited to, power generating and
16    distribution stations and other transmission and
17    distribution facilities, water treatment facilities,
18    airport facilities, sport stadiums, convention centers,
19    and all government owned, operated, or occupied buildings,
20    but only to the extent that disclosure would compromise
21    security.
22        (l) Minutes of meetings of public bodies closed to the
23    public as provided in the Open Meetings Act until the
24    public body makes the minutes available to the public
25    under Section 2.06 of the Open Meetings Act.
26        (m) Communications between a public body and an

 

 

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1    attorney or auditor representing the public body that
2    would not be subject to discovery in litigation, and
3    materials prepared or compiled by or for a public body in
4    anticipation of a criminal, civil, or administrative
5    proceeding upon the request of an attorney advising the
6    public body, and materials prepared or compiled with
7    respect to internal audits of public bodies.
8        (n) Records relating to a public body's adjudication
9    of employee grievances or disciplinary cases; however,
10    this exemption shall not extend to the final outcome of
11    cases in which discipline is imposed.
12        (o) Administrative or technical information associated
13    with automated data processing operations, including, but
14    not limited to, software, operating protocols, computer
15    program abstracts, file layouts, source listings, object
16    modules, load modules, user guides, documentation
17    pertaining to all logical and physical design of
18    computerized systems, employee manuals, and any other
19    information that, if disclosed, would jeopardize the
20    security of the system or its data or the security of
21    materials exempt under this Section.
22        (p) Records relating to collective negotiating matters
23    between public bodies and their employees or
24    representatives, except that any final contract or
25    agreement shall be subject to inspection and copying.
26        (q) Test questions, scoring keys, and other

 

 

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1    examination data used to determine the qualifications of
2    an applicant for a license or employment.
3        (r) The records, documents, and information relating
4    to real estate purchase negotiations until those
5    negotiations have been completed or otherwise terminated.
6    With regard to a parcel involved in a pending or actually
7    and reasonably contemplated eminent domain proceeding
8    under the Eminent Domain Act, records, documents, and
9    information relating to that parcel shall be exempt except
10    as may be allowed under discovery rules adopted by the
11    Illinois Supreme Court. The records, documents, and
12    information relating to a real estate sale shall be exempt
13    until a sale is consummated.
14        (s) Any and all proprietary information and records
15    related to the operation of an intergovernmental risk
16    management association or self-insurance pool or jointly
17    self-administered health and accident cooperative or pool.
18    Insurance or self-insurance self insurance (including any
19    intergovernmental risk management association or
20    self-insurance self insurance pool) claims, loss or risk
21    management information, records, data, advice, or
22    communications.
23        (t) Information contained in or related to
24    examination, operating, or condition reports prepared by,
25    on behalf of, or for the use of a public body responsible
26    for the regulation or supervision of financial

 

 

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1    institutions, insurance companies, or pharmacy benefit
2    managers, unless disclosure is otherwise required by State
3    law.
4        (u) Information that would disclose or might lead to
5    the disclosure of secret or confidential information,
6    codes, algorithms, programs, or private keys intended to
7    be used to create electronic signatures under the Uniform
8    Electronic Transactions Act.
9        (v) Vulnerability assessments, security measures, and
10    response policies or plans that are designed to identify,
11    prevent, or respond to potential attacks upon a
12    community's population or systems, facilities, or
13    installations, but only to the extent that disclosure
14    could reasonably be expected to expose the vulnerability
15    or jeopardize the effectiveness of the measures, policies,
16    or plans, or the safety of the personnel who implement
17    them or the public. Information exempt under this item may
18    include such things as details pertaining to the
19    mobilization or deployment of personnel or equipment, to
20    the operation of communication systems or protocols, to
21    cybersecurity vulnerabilities, or to tactical operations.
22        (w) (Blank).
23        (x) Maps and other records regarding the location or
24    security of generation, transmission, distribution,
25    storage, gathering, treatment, or switching facilities
26    owned by a utility, by a power generator, or by the

 

 

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1    Illinois Power Agency.
2        (y) Information contained in or related to proposals,
3    bids, or negotiations related to electric power
4    procurement under Section 1-75 of the Illinois Power
5    Agency Act and Section 16-111.5 of the Public Utilities
6    Act that is determined to be confidential and proprietary
7    by the Illinois Power Agency or by the Illinois Commerce
8    Commission.
9        (z) Information about students exempted from
10    disclosure under Section Sections 10-20.38 or 34-18.29 of
11    the School Code, and information about undergraduate
12    students enrolled at an institution of higher education
13    exempted from disclosure under Section 25 of the Illinois
14    Credit Card Marketing Act of 2009.
15        (aa) Information the disclosure of which is exempted
16    under the Viatical Settlements Act of 2009.
17        (bb) Records and information provided to a mortality
18    review team and records maintained by a mortality review
19    team appointed under the Department of Juvenile Justice
20    Mortality Review Team Act.
21        (cc) Information regarding interments, entombments, or
22    inurnments of human remains that are submitted to the
23    Cemetery Oversight Database under the Cemetery Care Act or
24    the Cemetery Oversight Act, whichever is applicable.
25        (dd) Correspondence and records (i) that may not be
26    disclosed under Section 11-9 of the Illinois Public Aid

 

 

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1    Code or (ii) that pertain to appeals under Section 11-8 of
2    the Illinois Public Aid Code.
3        (ee) The names, addresses, or other personal
4    information of persons who are minors and are also
5    participants and registrants in programs of park
6    districts, forest preserve districts, conservation
7    districts, recreation agencies, and special recreation
8    associations.
9        (ff) The names, addresses, or other personal
10    information of participants and registrants in programs of
11    park districts, forest preserve districts, conservation
12    districts, recreation agencies, and special recreation
13    associations where such programs are targeted primarily to
14    minors.
15        (gg) Confidential information described in Section
16    1-100 of the Illinois Independent Tax Tribunal Act of
17    2012.
18        (hh) The report submitted to the State Board of
19    Education by the School Security and Standards Task Force
20    under item (8) of subsection (d) of Section 2-3.160 of the
21    School Code and any information contained in that report.
22        (ii) Records requested by persons committed to or
23    detained by the Department of Human Services under the
24    Sexually Violent Persons Commitment Act or committed to
25    the Department of Corrections under the Sexually Dangerous
26    Persons Act if those materials: (i) are available in the

 

 

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1    library of the facility where the individual is confined;
2    (ii) include records from staff members' personnel files,
3    staff rosters, or other staffing assignment information;
4    or (iii) are available through an administrative request
5    to the Department of Human Services or the Department of
6    Corrections.
7        (jj) Confidential information described in Section
8    5-535 of the Civil Administrative Code of Illinois.
9        (kk) The public body's credit card numbers, debit card
10    numbers, bank account numbers, Federal Employer
11    Identification Number, security code numbers, passwords,
12    and similar account information, the disclosure of which
13    could result in identity theft or impression or defrauding
14    of a governmental entity or a person.
15        (ll) Records concerning the work of the threat
16    assessment team of a school district, including, but not
17    limited to, any threat assessment procedure under the
18    School Safety Drill Act and any information contained in
19    the procedure.
20        (mm) Information prohibited from being disclosed under
21    subsections (a) and (b) of Section 15 of the Student
22    Confidential Reporting Act.
23        (nn) (mm) Proprietary information submitted to the
24    Environmental Protection Agency under the Drug Take-Back
25    Act.
26        (oo) (mm) Records described in subsection (f) of

 

 

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1    Section 3-5-1 of the Unified Code of Corrections.
2    (1.5) Any information exempt from disclosure under the
3Judicial Privacy Act shall be redacted from public records
4prior to disclosure under this Act.
5    (2) A public record that is not in the possession of a
6public body but is in the possession of a party with whom the
7agency has contracted to perform a governmental function on
8behalf of the public body, and that directly relates to the
9governmental function and is not otherwise exempt under this
10Act, shall be considered a public record of the public body,
11for purposes of this Act.
12    (3) This Section does not authorize withholding of
13information or limit the availability of records to the
14public, except as stated in this Section or otherwise provided
15in this Act.
16(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
17101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
186-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
19eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
20102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
2112-13-22.)
 
22    (Text of Section after amendment by P.A. 102-982)
23    Sec. 7. Exemptions.
24    (1) When a request is made to inspect or copy a public
25record that contains information that is exempt from

 

 

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1disclosure under this Section, but also contains information
2that is not exempt from disclosure, the public body may elect
3to redact the information that is exempt. The public body
4shall make the remaining information available for inspection
5and copying. Subject to this requirement, the following shall
6be exempt from inspection and copying:
7        (a) Information specifically prohibited from
8    disclosure by federal or State law or rules and
9    regulations implementing federal or State law.
10        (b) Private information, unless disclosure is required
11    by another provision of this Act, a State or federal law,
12    or a court order.
13        (b-5) Files, documents, and other data or databases
14    maintained by one or more law enforcement agencies and
15    specifically designed to provide information to one or
16    more law enforcement agencies regarding the physical or
17    mental status of one or more individual subjects.
18        (c) Personal information contained within public
19    records, the disclosure of which would constitute a
20    clearly unwarranted invasion of personal privacy, unless
21    the disclosure is consented to in writing by the
22    individual subjects of the information. "Unwarranted
23    invasion of personal privacy" means the disclosure of
24    information that is highly personal or objectionable to a
25    reasonable person and in which the subject's right to
26    privacy outweighs any legitimate public interest in

 

 

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1    obtaining the information. The disclosure of information
2    that bears on the public duties of public employees and
3    officials shall not be considered an invasion of personal
4    privacy.
5        (d) Records in the possession of any public body
6    created in the course of administrative enforcement
7    proceedings, and any law enforcement or correctional
8    agency for law enforcement purposes, but only to the
9    extent that disclosure would:
10            (i) interfere with pending or actually and
11        reasonably contemplated law enforcement proceedings
12        conducted by any law enforcement or correctional
13        agency that is the recipient of the request;
14            (ii) interfere with active administrative
15        enforcement proceedings conducted by the public body
16        that is the recipient of the request;
17            (iii) create a substantial likelihood that a
18        person will be deprived of a fair trial or an impartial
19        hearing;
20            (iv) unavoidably disclose the identity of a
21        confidential source, confidential information
22        furnished only by the confidential source, or persons
23        who file complaints with or provide information to
24        administrative, investigative, law enforcement, or
25        penal agencies; except that the identities of
26        witnesses to traffic crashes, traffic crash reports,

 

 

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1        and rescue reports shall be provided by agencies of
2        local government, except when disclosure would
3        interfere with an active criminal investigation
4        conducted by the agency that is the recipient of the
5        request;
6            (v) disclose unique or specialized investigative
7        techniques other than those generally used and known
8        or disclose internal documents of correctional
9        agencies related to detection, observation, or
10        investigation of incidents of crime or misconduct, and
11        disclosure would result in demonstrable harm to the
12        agency or public body that is the recipient of the
13        request;
14            (vi) endanger the life or physical safety of law
15        enforcement personnel or any other person; or
16            (vii) obstruct an ongoing criminal investigation
17        by the agency that is the recipient of the request.
18        (d-5) A law enforcement record created for law
19    enforcement purposes and contained in a shared electronic
20    record management system if the law enforcement agency
21    that is the recipient of the request did not create the
22    record, did not participate in or have a role in any of the
23    events which are the subject of the record, and only has
24    access to the record through the shared electronic record
25    management system.
26        (d-6) Records contained in the Officer Professional

 

 

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1    Conduct Database under Section 9.2 of the Illinois Police
2    Training Act, except to the extent authorized under that
3    Section. This includes the documents supplied to the
4    Illinois Law Enforcement Training Standards Board from the
5    Illinois State Police and Illinois State Police Merit
6    Board.
7        (e) Records that relate to or affect the security of
8    correctional institutions and detention facilities.
9        (e-5) Records requested by persons committed to the
10    Department of Corrections, Department of Human Services
11    Division of Mental Health, or a county jail if those
12    materials are available in the library of the correctional
13    institution or facility or jail where the inmate is
14    confined.
15        (e-6) Records requested by persons committed to the
16    Department of Corrections, Department of Human Services
17    Division of Mental Health, or a county jail if those
18    materials include records from staff members' personnel
19    files, staff rosters, or other staffing assignment
20    information.
21        (e-7) Records requested by persons committed to the
22    Department of Corrections or Department of Human Services
23    Division of Mental Health if those materials are available
24    through an administrative request to the Department of
25    Corrections or Department of Human Services Division of
26    Mental Health.

 

 

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1        (e-8) Records requested by a person committed to the
2    Department of Corrections, Department of Human Services
3    Division of Mental Health, or a county jail, the
4    disclosure of which would result in the risk of harm to any
5    person or the risk of an escape from a jail or correctional
6    institution or facility.
7        (e-9) Records requested by a person in a county jail
8    or committed to the Department of Corrections or
9    Department of Human Services Division of Mental Health,
10    containing personal information pertaining to the person's
11    victim or the victim's family, including, but not limited
12    to, a victim's home address, home telephone number, work
13    or school address, work telephone number, social security
14    number, or any other identifying information, except as
15    may be relevant to a requester's current or potential case
16    or claim.
17        (e-10) Law enforcement records of other persons
18    requested by a person committed to the Department of
19    Corrections, Department of Human Services Division of
20    Mental Health, or a county jail, including, but not
21    limited to, arrest and booking records, mug shots, and
22    crime scene photographs, except as these records may be
23    relevant to the requester's current or potential case or
24    claim.
25        (f) Preliminary drafts, notes, recommendations,
26    memoranda, and other records in which opinions are

 

 

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1    expressed, or policies or actions are formulated, except
2    that a specific record or relevant portion of a record
3    shall not be exempt when the record is publicly cited and
4    identified by the head of the public body. The exemption
5    provided in this paragraph (f) extends to all those
6    records of officers and agencies of the General Assembly
7    that pertain to the preparation of legislative documents.
8        (g) Trade secrets and commercial or financial
9    information obtained from a person or business where the
10    trade secrets or commercial or financial information are
11    furnished under a claim that they are proprietary,
12    privileged, or confidential, and that disclosure of the
13    trade secrets or commercial or financial information would
14    cause competitive harm to the person or business, and only
15    insofar as the claim directly applies to the records
16    requested.
17        The information included under this exemption includes
18    all trade secrets and commercial or financial information
19    obtained by a public body, including a public pension
20    fund, from a private equity fund or a privately held
21    company within the investment portfolio of a private
22    equity fund as a result of either investing or evaluating
23    a potential investment of public funds in a private equity
24    fund. The exemption contained in this item does not apply
25    to the aggregate financial performance information of a
26    private equity fund, nor to the identity of the fund's

 

 

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1    managers or general partners. The exemption contained in
2    this item does not apply to the identity of a privately
3    held company within the investment portfolio of a private
4    equity fund, unless the disclosure of the identity of a
5    privately held company may cause competitive harm.
6        Nothing contained in this paragraph (g) shall be
7    construed to prevent a person or business from consenting
8    to disclosure.
9        (h) Proposals and bids for any contract, grant, or
10    agreement, including information which if it were
11    disclosed would frustrate procurement or give an advantage
12    to any person proposing to enter into a contractor
13    agreement with the body, until an award or final selection
14    is made. Information prepared by or for the body in
15    preparation of a bid solicitation shall be exempt until an
16    award or final selection is made.
17        (i) Valuable formulae, computer geographic systems,
18    designs, drawings, and research data obtained or produced
19    by any public body when disclosure could reasonably be
20    expected to produce private gain or public loss. The
21    exemption for "computer geographic systems" provided in
22    this paragraph (i) does not extend to requests made by
23    news media as defined in Section 2 of this Act when the
24    requested information is not otherwise exempt and the only
25    purpose of the request is to access and disseminate
26    information regarding the health, safety, welfare, or

 

 

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1    legal rights of the general public.
2        (j) The following information pertaining to
3    educational matters:
4            (i) test questions, scoring keys, and other
5        examination data used to administer an academic
6        examination;
7            (ii) information received by a primary or
8        secondary school, college, or university under its
9        procedures for the evaluation of faculty members by
10        their academic peers;
11            (iii) information concerning a school or
12        university's adjudication of student disciplinary
13        cases, but only to the extent that disclosure would
14        unavoidably reveal the identity of the student; and
15            (iv) course materials or research materials used
16        by faculty members.
17        (k) Architects' plans, engineers' technical
18    submissions, and other construction related technical
19    documents for projects not constructed or developed in
20    whole or in part with public funds and the same for
21    projects constructed or developed with public funds,
22    including, but not limited to, power generating and
23    distribution stations and other transmission and
24    distribution facilities, water treatment facilities,
25    airport facilities, sport stadiums, convention centers,
26    and all government owned, operated, or occupied buildings,

 

 

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1    but only to the extent that disclosure would compromise
2    security.
3        (l) Minutes of meetings of public bodies closed to the
4    public as provided in the Open Meetings Act until the
5    public body makes the minutes available to the public
6    under Section 2.06 of the Open Meetings Act.
7        (m) Communications between a public body and an
8    attorney or auditor representing the public body that
9    would not be subject to discovery in litigation, and
10    materials prepared or compiled by or for a public body in
11    anticipation of a criminal, civil, or administrative
12    proceeding upon the request of an attorney advising the
13    public body, and materials prepared or compiled with
14    respect to internal audits of public bodies.
15        (n) Records relating to a public body's adjudication
16    of employee grievances or disciplinary cases; however,
17    this exemption shall not extend to the final outcome of
18    cases in which discipline is imposed.
19        (o) Administrative or technical information associated
20    with automated data processing operations, including, but
21    not limited to, software, operating protocols, computer
22    program abstracts, file layouts, source listings, object
23    modules, load modules, user guides, documentation
24    pertaining to all logical and physical design of
25    computerized systems, employee manuals, and any other
26    information that, if disclosed, would jeopardize the

 

 

10300SB1670ham001- 31 -LRB103 26112 AWJ 59627 a

1    security of the system or its data or the security of
2    materials exempt under this Section.
3        (p) Records relating to collective negotiating matters
4    between public bodies and their employees or
5    representatives, except that any final contract or
6    agreement shall be subject to inspection and copying.
7        (q) Test questions, scoring keys, and other
8    examination data used to determine the qualifications of
9    an applicant for a license or employment.
10        (r) The records, documents, and information relating
11    to real estate purchase negotiations until those
12    negotiations have been completed or otherwise terminated.
13    With regard to a parcel involved in a pending or actually
14    and reasonably contemplated eminent domain proceeding
15    under the Eminent Domain Act, records, documents, and
16    information relating to that parcel shall be exempt except
17    as may be allowed under discovery rules adopted by the
18    Illinois Supreme Court. The records, documents, and
19    information relating to a real estate sale shall be exempt
20    until a sale is consummated.
21        (s) Any and all proprietary information and records
22    related to the operation of an intergovernmental risk
23    management association or self-insurance pool or jointly
24    self-administered health and accident cooperative or pool.
25    Insurance or self-insurance self insurance (including any
26    intergovernmental risk management association or

 

 

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1    self-insurance self insurance pool) claims, loss or risk
2    management information, records, data, advice, or
3    communications.
4        (t) Information contained in or related to
5    examination, operating, or condition reports prepared by,
6    on behalf of, or for the use of a public body responsible
7    for the regulation or supervision of financial
8    institutions, insurance companies, or pharmacy benefit
9    managers, unless disclosure is otherwise required by State
10    law.
11        (u) Information that would disclose or might lead to
12    the disclosure of secret or confidential information,
13    codes, algorithms, programs, or private keys intended to
14    be used to create electronic signatures under the Uniform
15    Electronic Transactions Act.
16        (v) Vulnerability assessments, security measures, and
17    response policies or plans that are designed to identify,
18    prevent, or respond to potential attacks upon a
19    community's population or systems, facilities, or
20    installations, but only to the extent that disclosure
21    could reasonably be expected to expose the vulnerability
22    or jeopardize the effectiveness of the measures, policies,
23    or plans, or the safety of the personnel who implement
24    them or the public. Information exempt under this item may
25    include such things as details pertaining to the
26    mobilization or deployment of personnel or equipment, to

 

 

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1    the operation of communication systems or protocols, to
2    cybersecurity vulnerabilities, or to tactical operations.
3        (w) (Blank).
4        (x) Maps and other records regarding the location or
5    security of generation, transmission, distribution,
6    storage, gathering, treatment, or switching facilities
7    owned by a utility, by a power generator, or by the
8    Illinois Power Agency.
9        (y) Information contained in or related to proposals,
10    bids, or negotiations related to electric power
11    procurement under Section 1-75 of the Illinois Power
12    Agency Act and Section 16-111.5 of the Public Utilities
13    Act that is determined to be confidential and proprietary
14    by the Illinois Power Agency or by the Illinois Commerce
15    Commission.
16        (z) Information about students exempted from
17    disclosure under Section Sections 10-20.38 or 34-18.29 of
18    the School Code, and information about undergraduate
19    students enrolled at an institution of higher education
20    exempted from disclosure under Section 25 of the Illinois
21    Credit Card Marketing Act of 2009.
22        (aa) Information the disclosure of which is exempted
23    under the Viatical Settlements Act of 2009.
24        (bb) Records and information provided to a mortality
25    review team and records maintained by a mortality review
26    team appointed under the Department of Juvenile Justice

 

 

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1    Mortality Review Team Act.
2        (cc) Information regarding interments, entombments, or
3    inurnments of human remains that are submitted to the
4    Cemetery Oversight Database under the Cemetery Care Act or
5    the Cemetery Oversight Act, whichever is applicable.
6        (dd) Correspondence and records (i) that may not be
7    disclosed under Section 11-9 of the Illinois Public Aid
8    Code or (ii) that pertain to appeals under Section 11-8 of
9    the Illinois Public Aid Code.
10        (ee) The names, addresses, or other personal
11    information of persons who are minors and are also
12    participants and registrants in programs of park
13    districts, forest preserve districts, conservation
14    districts, recreation agencies, and special recreation
15    associations.
16        (ff) The names, addresses, or other personal
17    information of participants and registrants in programs of
18    park districts, forest preserve districts, conservation
19    districts, recreation agencies, and special recreation
20    associations where such programs are targeted primarily to
21    minors.
22        (gg) Confidential information described in Section
23    1-100 of the Illinois Independent Tax Tribunal Act of
24    2012.
25        (hh) The report submitted to the State Board of
26    Education by the School Security and Standards Task Force

 

 

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1    under item (8) of subsection (d) of Section 2-3.160 of the
2    School Code and any information contained in that report.
3        (ii) Records requested by persons committed to or
4    detained by the Department of Human Services under the
5    Sexually Violent Persons Commitment Act or committed to
6    the Department of Corrections under the Sexually Dangerous
7    Persons Act if those materials: (i) are available in the
8    library of the facility where the individual is confined;
9    (ii) include records from staff members' personnel files,
10    staff rosters, or other staffing assignment information;
11    or (iii) are available through an administrative request
12    to the Department of Human Services or the Department of
13    Corrections.
14        (jj) Confidential information described in Section
15    5-535 of the Civil Administrative Code of Illinois.
16        (kk) The public body's credit card numbers, debit card
17    numbers, bank account numbers, Federal Employer
18    Identification Number, security code numbers, passwords,
19    and similar account information, the disclosure of which
20    could result in identity theft or impression or defrauding
21    of a governmental entity or a person.
22        (ll) Records concerning the work of the threat
23    assessment team of a school district, including, but not
24    limited to, any threat assessment procedure under the
25    School Safety Drill Act and any information contained in
26    the procedure.

 

 

10300SB1670ham001- 36 -LRB103 26112 AWJ 59627 a

1        (mm) Information prohibited from being disclosed under
2    subsections (a) and (b) of Section 15 of the Student
3    Confidential Reporting Act.
4        (nn) (mm) Proprietary information submitted to the
5    Environmental Protection Agency under the Drug Take-Back
6    Act.
7        (oo) (mm) Records described in subsection (f) of
8    Section 3-5-1 of the Unified Code of Corrections.
9        (pp) For a request directed to a public body that is
10    also a HIPAA-covered entity, all information that is
11    protected health information, including demographic
12    information, that may be contained within or extracted
13    from any record held by the public body in compliance with
14    State and federal medical privacy laws and regulations,
15    including, but not limited to, the Health Insurance
16    Portability and Accountability Act and its regulations, 45
17    CFR Parts 160 and 164. As used in this paragraph,
18    "HIPAA-covered entity" has the meaning given to the term
19    "covered entity" in 45 CFR 160.103 and "protected health
20    information" has the meaning given to that term in 45 CFR
21    160.103.
22    (1.5) Any information exempt from disclosure under the
23Judicial Privacy Act shall be redacted from public records
24prior to disclosure under this Act.
25    (2) A public record that is not in the possession of a
26public body but is in the possession of a party with whom the

 

 

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1agency has contracted to perform a governmental function on
2behalf of the public body, and that directly relates to the
3governmental function and is not otherwise exempt under this
4Act, shall be considered a public record of the public body,
5for purposes of this Act.
6    (3) This Section does not authorize withholding of
7information or limit the availability of records to the
8public, except as stated in this Section or otherwise provided
9in this Act.
10(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
11101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
126-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
13eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
14102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
156-10-22; revised 12-13-22.)
 
16    Section 95. No acceleration or delay. Where this Act makes
17changes in a statute that is represented in this Act by text
18that is not yet or no longer in effect (for example, a Section
19represented by multiple versions), the use of that text does
20not accelerate or delay the taking effect of (i) the changes
21made by this Act or (ii) provisions derived from any other
22Public Act.".