Rep. Barbara Flynn Currie

Filed: 3/4/2009

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1370

2     AMENDMENT NO. ______. Amend House Bill 1370 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Freedom of Information Act is amended by
5 changing Sections 1, 2, 3, 4, 6, 7, 9, and 11 and by adding
6 Sections 1.2, 1.3, 1.4, 3.5, 7.5, and 11.5 as follows:
 
7     (5 ILCS 140/1)  (from Ch. 116, par. 201)
8     Sec. 1. Pursuant to the fundamental philosophy of the
9 American constitutional form of government, it is declared to
10 be the public policy of the State of Illinois that all persons
11 are entitled to full and complete information regarding the
12 affairs of government and the official acts and policies of
13 those who represent them as public officials and public
14 employees consistent with the terms of this Act. Such access is
15 necessary to enable the people to fulfill their duties of
16 discussing public issues fully and freely, making informed

 

 

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1 political judgments and monitoring government to ensure that it
2 is being conducted in the public interest.
3     The General Assembly hereby declares that it is the public
4 policy of the State of Illinois that access by all persons to
5 public records promotes the transparency and accountability of
6 public bodies at all levels of government. It is a fundamental
7 obligation of government to operate openly so that the public
8 may scrutinize all public actions. This Act is not intended to
9 be used to violate individual privacy, nor for the purpose of
10 furthering a commercial enterprise, or to disrupt the
11 duly-undertaken work of any public body independent of the
12 fulfillment of any of the fore-mentioned rights of the people
13 to access to information.
14     This Act is not intended to create an obligation on the
15 part of any public body to maintain or prepare any public
16 record which was not maintained or prepared by such public body
17 at the time when this Act becomes effective, except as
18 otherwise required by applicable local, State or federal law.
19     Restraints These restraints on access to information, to
20 the extent permitted by this Act, are access should be seen as
21 limited exceptions to the principle general rule that the
22 people of this State have a right to full disclosure of
23 information relating to know the decisions, policies,
24 procedures, rules, standards, and other aspects of government
25 activity that affect the conduct of government and the lives of
26 any or all of the people. The provisions of this Act shall be

 

 

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1 construed in accordance with these principles to this end.
2     The General Assembly recognizes that this Act imposes
3 fiscal obligations on public bodies to provide adequate staff
4 and equipment to comply with its requirements. The General
5 Assembly declares that providing records in compliance with the
6 requirements of this Act is a primary duty of public bodies to
7 the people of this State, and this Act should be construed to
8 this end, fiscal obligations notwithstanding.
9     The General Assembly further recognizes that technology
10 may advance at a rate that outpaces its ability to address
11 those advances legislatively. To the extent that this Act may
12 not expressly apply to those technological advances, this Act
13 should nonetheless be interpreted to further the declared
14 policy of this Act that public records in any form or format
15 shall be made available upon request except when denial of
16 access furthers the public policy underlying a specific
17 exemption.
18     This Act shall be the exclusive State statute on freedom of
19 information, except to the extent that other State statutes
20 might create additional restrictions on disclosure of
21 information or other laws in Illinois might create additional
22 obligations for disclosure of information to the public.
23 (Source: P.A. 83-1013.)
 
24     (5 ILCS 140/1.2 new)
25     Sec. 1.2. Presumption. All records in the custody or

 

 

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1 possession of a public body are presumed to be open to
2 inspection or copying. Any public body that asserts that a
3 record is exempt from disclosure has the burden of proving that
4 it is exempt by clear and convincing evidence.
 
5     (5 ILCS 140/1.3 new)
6     Sec. 1.3. Records of funds. All records relating to the
7 obligation, receipt, and use of public funds of the State,
8 units of local government, and school districts are public
9 records available for inspection by the public pursuant to this
10 Act.
 
11     (5 ILCS 140/1.4 new)
12     Sec. 1.4. Payrolls. Certified payroll records submitted to
13 a public body under Section 6(a)(2) of the Prevailing Wage Act
14 are public records subject to inspection and copying in
15 accordance with the provisions of this Act; except that that
16 contractors' employees' addresses, telephone numbers, and
17 social security numbers must be redacted by the public body
18 prior to disclosure.
 
19     (5 ILCS 140/2)  (from Ch. 116, par. 202)
20     Sec. 2. Definitions. As used in this Act:
21     (a) "Public body" means all any legislative, executive,
22 administrative, or advisory bodies of the State, state
23 universities and colleges, counties, townships, cities,

 

 

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1 villages, incorporated towns, school districts and all other
2 municipal corporations, boards, bureaus, committees, or
3 commissions of this State, any subsidiary bodies of any of the
4 foregoing including but not limited to committees and
5 subcommittees thereof which are supported in whole or in part
6 by tax revenue, or which expend tax revenue, and a School
7 Finance Authority created under Article 1E of the School Code.
8 "Public body" also means all elected or appointed officers of
9 the State, State universities and colleges, counties,
10 townships, cities, villages, incorporated towns, school
11 districts, and all other municipal corporations, officers of
12 any subsidiary bodies of any of the foregoing, and officers of
13 any School Finance Authority created under Article 1E of the
14 School Code. "Public body" does not include a child death
15 review team or the Illinois Child Death Review Teams Executive
16 Council established under the Child Death Review Team Act.
17     (b) "Person" means any individual, corporation,
18 partnership, firm, organization or association, acting
19 individually or as a group.
20     (c) "Public records" means all records, reports, forms,
21 writings, letters, memoranda, books, papers, maps,
22 photographs, microfilms, cards, tapes, recordings, electronic
23 data processing records, recorded information and all other
24 documentary materials, regardless of physical form or
25 characteristics, having been prepared by, or having been or
26 being used by, received by, in the possession of, possessed or

 

 

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1 under the control of any public body pertaining to the
2 transaction of public business, and that evidence the
3 organization, function, policies, decisions, procedures,
4 operations, or other activities of the public body. "Public
5 records" includes all forms of electronic communications,
6 including but not limited to electronic mail, instant messages,
7 and text messages, sent or received or otherwise in the
8 possession of any public body or public officer. "Public
9 records" includes, but is expressly not limited to: (i)
10 administrative manuals, procedural rules, and instructions to
11 staff, unless exempted by Section 7(p) of this Act; (ii) final
12 opinions and orders made in the adjudication of cases, except
13 an educational institution's adjudication of student or
14 employee grievance or disciplinary cases; (iii) substantive
15 rules; (iv) statements and interpretations of policy which have
16 been adopted by a public body; (v) final planning policies,
17 recommendations, and decisions; (vi) factual reports,
18 inspection reports, and studies whether prepared by or for the
19 public body; (vii) all information in any account, voucher, or
20 contract dealing with the receipt or expenditure of public or
21 other funds of public bodies; (viii) the names, salaries,
22 titles, and dates of employment of all employees and officers
23 of public bodies; (ix) materials containing opinions
24 concerning the rights of the state, the public, a subdivision
25 of state or a local government, or of any private persons; (x)
26 the name of every official and the final records of voting in

 

 

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1 all proceedings of public bodies; (xi) applications for any
2 contract, permit, grant, or agreement except as exempted from
3 disclosure by subsection (g) of Section 7 of this Act; (xii)
4 each report, document, study, or publication prepared by
5 independent consultants or other independent contractors for
6 the public body; (xiii) all other information required by law
7 to be made available for public inspection or copying; (xiv)
8 information relating to any grant or contract made by or
9 between a public body and another public body or private
10 organization; (xv) waiver documents filed with the State
11 Superintendent of Education or the president of the University
12 of Illinois under Section 30-12.5 of the School Code,
13 concerning nominees for General Assembly scholarships under
14 Sections 30-9, 30-10, and 30-11 of the School Code; (xvi)
15 complaints, results of complaints, and Department of Children
16 and Family Services staff findings of licensing violations at
17 day care facilities, provided that personal and identifying
18 information is not released; and (xvii) records, reports,
19 forms, writings, letters, memoranda, books, papers, and other
20 documentary information, regardless of physical form or
21 characteristics, having been prepared, or having been or being
22 used, received, possessed, or under the control of the Illinois
23 Sports Facilities Authority dealing with the receipt or
24 expenditure of public funds or other funds of the Authority in
25 connection with the reconstruction, renovation, remodeling,
26 extension, or improvement of all or substantially all of an

 

 

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1 existing "facility" as that term is defined in the Illinois
2 Sports Facilities Authority Act.
3     (d) "Criminal history record information" means data
4 identifiable to an individual and consisting of descriptions or
5 notations of arrests, detentions, indictments, informations,
6 pre-trial proceedings, trials, or other formal events in the
7 criminal justice system or descriptions or notations of
8 criminal charges (including criminal violations of local
9 municipal ordinances) and the nature of any disposition arising
10 therefrom, including sentencing, court or correctional
11 supervision, rehabilitation, and release. The term does not
12 apply to statistical records and reports in which individuals
13 are not identified and from which their identities are not
14 ascertainable, or to information that is for criminal
15 investigative or intelligence purposes.
16     (e) (d) "Copying" means the reproduction of any public
17 record by means of any photographic, electronic, mechanical or
18 other process, device or means now known or hereafter
19 developed.
20     (e) "Head of the public body" means the president, mayor,
21 chairman, presiding officer, director, superintendent,
22 manager, supervisor or individual otherwise holding primary
23 executive and administrative authority for the public body, or
24 such person's duly authorized designee.
25     (f) "News media" means a newspaper or other periodical
26 issued at regular intervals whether in print or electronic

 

 

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1 format, a news service whether in print or electronic format, a
2 radio station, a television station, a television network, a
3 community antenna television service, or a person or
4 corporation engaged in making news reels or other motion
5 picture news for public showing.
6 (Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01;
7 92-468, eff. 8-22-01; 92-547, eff. 6-13-02; 92-651, eff.
8 7-11-02.)
 
9     (5 ILCS 140/3)  (from Ch. 116, par. 203)
10     Sec. 3. (a) Each public body shall make available to any
11 person for inspection or copying all public records, except as
12 otherwise provided in Section 7 of this Act. Notwithstanding
13 any other law, a public body may not grant to any person or
14 entity, whether by contract, license, or otherwise, the
15 exclusive right to access and disseminate any public record as
16 defined in this Act.
17     (b) Subject to the fee provisions of Section 6 of this Act,
18 each public body shall promptly provide, to any person who
19 submits a written request, a copy of any public record required
20 to be disclosed by subsection (a) of this Section and shall
21 certify such copy if so requested.
22     (c) Requests for inspection or for copies must be made in
23 writing; however, the public body may not otherwise require
24 that a request be submitted in a specific format. Written
25 requests may be submitted to a public body via personal

 

 

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1 delivery, mail, telefax, electronic mail, or other means
2 available to the public body.
3     (d) (c) Each public body shall immediately , promptly,
4 either comply with or deny a written request to inspect or
5 copy, or to obtain a copy of, for public records. If the
6 requested records are not immediately accessible for
7 inspection or copying, the request shall be complied with or
8 denied within 5 working days after receipt of the request,
9 unless the time for response may properly be extended under
10 subsection (e) of this Section within 7 working days after its
11 receipt. Denial shall be in writing by letter as provided in
12 Section 9 of this Act. Failure to comply with respond to a
13 written request within 5 working days 7 working days after its
14 receipt or within any extension under subsection (e) of this
15 Section shall constitute be considered a waiver denial of the
16 public body's right to assert exemptions request.
17     (e) (d) The time for response under limits prescribed in
18 paragraph (c) of this Section may be extended in each case for
19 up to 10 not more than 7 additional working days from the
20 receipt of the request for any of the following reasons:
21         (i) the requested records are stored in whole or in
22     part at other locations than the office having charge of
23     the requested records;
24         (ii) the request requires the collection of a
25     substantial number of specified records;
26         (iii) the request is couched in categorical terms and

 

 

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1     requires an extensive search for the records responsive to
2     it;
3         (iv) the requested records have not been located in the
4     course of routine search and additional efforts are being
5     made to locate them;
6         (v) the requested records require examination and
7     evaluation by personnel having the necessary competence
8     and discretion to determine if they are exempt from
9     disclosure under Section 7 of this Act or should be
10     revealed only with appropriate deletions;
11         (vi) the request for records cannot be complied with by
12     the public body within the time limits prescribed by
13     paragraph (c) of this Section without unduly burdening or
14     interfering with the operations of the public body;
15         (vii) there is a need for consultation, which shall be
16     conducted with all practicable speed, with another public
17     body or among two or more components of a public body
18     having a substantial interest in the determination or in
19     the subject matter of the request.
20     (f) (e) When additional time is required for any of the
21 above reasons, the public body shall, within 5 working days,
22 notify by letter the person making the written request by the
23 most expedient means available within the time limits specified
24 by paragraph (c) of this Section of the reasons for the delay
25 and the date by which the records will be made available or a
26 denial will be forthcoming. Failure In no instance, may the

 

 

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1 delay in processing last longer than 7 working days. A failure
2 to notify the person requesting records within 5 working days
3 of the extension of time in which to respond, or to comply with
4 or deny a request for records render a decision within 5 7
5 working days after having extended the time in which to
6 respond, shall constitute be considered a waiver denial of the
7 public body's right to assert exemptions request.
8     (g) (f) Requests calling for all records falling within a
9 category shall be complied with unless compliance with the
10 request would be unduly burdensome for the complying public
11 body and there is no way to narrow the request and the burden
12 on the public body outweighs the public interest in the
13 information. Before invoking this exemption, the public body
14 shall extend to the person making the request an opportunity to
15 confer with it in an attempt to reduce the request to
16 manageable proportions. If any body responds to a categorical
17 request by stating that compliance would unduly burden its
18 operation and the conditions described above are met, it shall
19 do so in writing, specifying the reasons why it would be unduly
20 burdensome and the extent to which compliance will so burden
21 the operations of the public body. Such a response shall be
22 treated as a denial of the request for information. Repeated
23 requests for the same public records by the same person shall
24 be deemed unduly burdensome under this provision.
25     (h) (g) Each public body may promulgate rules and
26 regulations in conformity with the provisions of this Section

 

 

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1 pertaining to the availability of records and procedures to be
2 followed, including:
3         (i) the times and places where such records will be
4     made available, and
5         (ii) the persons from whom such records may be
6     obtained.
7 (Source: P.A. 90-206, eff. 7-25-97.)
 
8     (5 ILCS 140/3.5 new)
9     Sec. 3.5. Freedom of Information officers. Each public body
10 shall designate an official or employee to act as its Freedom
11 of Information officer. The Freedom of Information officer
12 shall receive requests submitted to the public body under this
13 Act, direct those requests to appropriate persons within the
14 public body or to appropriate persons in another public body,
15 ensure that the public body responds to requests in a timely
16 fashion, and issue final responses under this Act.
17     Upon receiving a request for a public record, the Freedom
18 of Information officer shall:
19     (a) note the date of receipt on the written request;
20     (b) compute the day on which the period for response will
21 expire and make a notation of that date on the written request;
22     (c) maintain an electronic or paper copy of a written
23 request, including all documents submitted with the request
24 until the request has been complied with or denied; and
25     (d) create a file for the retention of the original

 

 

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1 request, a copy of the response, a record of written
2 communications with the requester, and a copy of other
3 communications.
 
4     (5 ILCS 140/4)  (from Ch. 116, par. 204)
5     Sec. 4. Each public body shall prominently display at each
6 of its administrative or regional offices, make available for
7 inspection and copying, and send through the mail if requested,
8 each of the following:
9     (a) A brief description of itself, which will include, but
10 not be limited to, a short summary of its purpose, a block
11 diagram giving its functional subdivisions, the total amount of
12 its operating budget, the number and location of all of its
13 separate offices, the approximate number of full and part-time
14 employees, and the identification and membership of any board,
15 commission, committee, or council which operates in an advisory
16 capacity relative to the operation of the public body, or which
17 exercises control over its policies or procedures, or to which
18 the public body is required to report and be answerable for its
19 operations; and
20     (b) A brief description by the Freedom of Information
21 officer of the methods whereby the public may request
22 information and public records, a directory designating by
23 titles and addresses those employees to whom requests for
24 public records should be directed, and any fees allowable under
25 Section 6 of this Act.

 

 

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1     (c) A public body that has a website that the full-time
2 staff of the public body maintains shall also post this
3 information on its website.
4 (Source: P.A. 83-1013.)
 
5     (5 ILCS 140/6)  (from Ch. 116, par. 206)
6     Sec. 6. Authority to charge fees.
7     (a) When a person requests a copy of a record maintained in
8 an electronic format, the public body shall furnish it in the
9 electronic format specified by the requestor if practical. If
10 the public body does not have the ability to furnish an
11 electronic record in the requested electronic format, it shall
12 furnish the record in the format in which it is maintained by
13 the public body. A public body may charge the requestor for the
14 actual cost of purchasing the recording medium, whether disc,
15 diskette, tape, or other medium. A public body may not charge
16 the requestor for the costs of any search for and review of the
17 records or other personnel costs associated with reproducing
18 the records. Except to the extent that General Assembly
19 expressly provides, statutory fees applicable to copies of
20 public records when furnished in a paper format shall not be
21 applicable to those records when furnished in an electronic
22 format.
23     (b) (a) Except when a fee is otherwise fixed by statute,
24 each Each public body may charge fees reasonably calculated to
25 reimburse its actual cost for reproducing and certifying public

 

 

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1 records and for the use, by any person, of the equipment of the
2 public body to copy records; except that no fees shall be
3 charged for the first 25 pages of copies requested by a
4 requestor. The fee for copies shall not exceed 15¢ per page
5 unless the public body first performs an acceptable cost study
6 demonstrating that its costs of reproduction exceed that
7 amount. In calculating its actual cost for reproducing records
8 or for the use of the equipment of the public body to reproduce
9 records, Such fees shall exclude the costs of any search for
10 and review of the records or other personnel costs associated
11 with reproducing the records record, and shall not exceed the
12 actual cost of reproduction and certification, unless
13 otherwise provided by State statute. Such fees shall be imposed
14 according to a standard scale of fees, established and made
15 public by the body imposing them. The cost for certifying a
16 record shall not exceed $1.
17     (c) (b) Documents shall be furnished without charge or at a
18 reduced charge, as determined by the public body, if the person
19 requesting the documents states the specific purpose for the
20 request and indicates that a waiver or reduction of the fee is
21 in the public interest. Waiver or reduction of the fee is in
22 the public interest if the principal purpose of the request is
23 to access and disseminate information regarding the health,
24 safety and welfare or the legal rights of the general public
25 and is not for the principal purpose of personal or commercial
26 benefit. For purposes of this subsection, "commercial benefit"

 

 

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1 shall not apply to requests made by news media when the
2 principal purpose of the request is to access and disseminate
3 information regarding the health, safety, and welfare or the
4 legal rights of the general public. In setting the amount of
5 the waiver or reduction, the public body may take into
6 consideration the amount of materials requested and the cost of
7 copying them.
8     (d) (c) The purposeful imposition of a fee not consistent
9 with subsections (6)(a) and (b) of this Act constitutes shall
10 be considered a denial of access to public records for the
11 purposes of judicial review.
12     (d) The fee for an abstract of a driver's record shall be
13 as provided in Section 6-118 of "The Illinois Vehicle Code",
14 approved September 29, 1969, as amended.
15 (Source: P.A. 90-144, eff. 7-23-97.)
 
16     (5 ILCS 140/7)  (from Ch. 116, par. 207)
17     (Text of Section before amendment by P.A. 95-988)
18     Sec. 7. Exemptions.
19     (1) When a request is made to inspect or copy a public
20 record that contains information that is exempted from
21 disclosure under this Section, but also contains information
22 that is not exempted from disclosure, the public body shall
23 redact the information that is exempted and make the remaining
24 information available for inspection and copying. Subject to
25 this requirement, the The following shall be exempt from

 

 

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1 inspection and copying:
2         (a) Information specifically prohibited from
3     disclosure by federal or State law or rules and regulations
4     adopted under federal or State law.
5         (b) Information that, if disclosed, would constitute a
6     clearly unwarranted invasion of personal privacy, unless
7     the disclosure is consented to in writing by the individual
8     subjects of the information. The disclosure of information
9     that bears on the public duties of public employees and
10     officials shall not be considered an invasion of personal
11     privacy. Information exempted under this subsection (b)
12     shall include but is not limited to:
13             (i) files and personal information maintained with
14         respect to clients, patients, residents, students or
15         other individuals receiving social, medical,
16         educational, vocational, financial, supervisory or
17         custodial care or services directly or indirectly from
18         federal agencies or public bodies;
19             (ii) personnel files and personal information
20         maintained with respect to employees, appointees or
21         elected officials of any public body or applicants for
22         those positions;
23             (iii) files and personal information maintained
24         with respect to any applicant, registrant or licensee
25         by any public body cooperating with or engaged in
26         professional or occupational registration, licensure

 

 

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1         or discipline;
2             (iv) information required of any taxpayer in
3         connection with the assessment or collection of any tax
4         unless disclosure is otherwise required by State
5         statute;
6             (v) information revealing the identity of persons
7         who file complaints with or provide information to
8         administrative, investigative, law enforcement or
9         penal agencies; provided, however, that identification
10         of witnesses to traffic accidents, traffic accident
11         reports, and rescue reports may be provided by agencies
12         of local government, except in a case for which a
13         criminal investigation is ongoing, without
14         constituting a clearly unwarranted per se invasion of
15         personal privacy under this subsection; and
16             (vi) the names, addresses, or other personal
17         information of participants and registrants in park
18         district, forest preserve district, and conservation
19         district programs.
20         (c) Records in the possession of compiled by any public
21     body created in the course of for administrative
22     enforcement proceedings, and any law enforcement or
23     correctional agency for law enforcement purposes, or for
24     internal matters of a public body, but only to the extent
25     that disclosure would:
26             (i) interfere with pending or actually and

 

 

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1         reasonably contemplated law enforcement proceedings
2         conducted by any law enforcement or correctional
3         agency, when an action has been filed and is pending
4         before a court or administrative tribunal, or when the
5         agency affirmatively asserts that such an action is
6         probable or imminent;
7             (ii) interfere with pending administrative
8         enforcement proceedings conducted by any public body,
9         when an action on behalf of or affecting the public
10         body has been filed and is pending before a court or
11         administrative tribunal, or when the public body
12         affirmatively asserts that such an action is probable
13         or imminent;
14             (iii) that deprive a person will be deprived of a
15         fair trial or an impartial hearing;
16             (iv) unavoidably disclose the identity of persons
17         who file complaints with or provide information to
18         administrative, investigative, law enforcement, or
19         penal agencies; except that the identities of
20         witnesses to traffic accidents, traffic accident
21         reports, and rescue reports shall be provided by
22         agencies of local government, except when disclosure
23         would interfere with an ongoing criminal investigation
24         a confidential source or confidential information
25         furnished only by the confidential source;
26             (v) disclose unique or specialized investigative

 

 

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1         techniques other than those generally used and known or
2         disclose internal documents of correctional agencies
3         related to detection, observation or investigation of
4         incidents of crime or misconduct, and disclosure would
5         result in demonstrable harm to the agency or public
6         body;
7             (vi) constitute an invasion of personal privacy
8         under subsection (b) of this Section;
9             (vi) (vii) endanger the life or physical safety of
10         law enforcement personnel or any other person; or
11             (viii) obstruct an ongoing criminal investigation.
12         (d) Criminal history record information maintained by
13     State or local criminal justice agencies, except the
14     following which shall be open for public inspection and
15     copying:
16             (i) chronologically maintained arrest information,
17         including the following information, which shall
18         immediately be furnished upon request and payment of
19         copying fees, if copies are requested, notwithstanding
20         the time limits otherwise provided for in Section 3 of
21         this Act such as traditional arrest logs or blotters;
22                 (A) information that identifies the
23             individual, including the name, age, address, and
24             photograph, when and if available;
25                 (B) information detailing any charges relating
26             to the arrest;

 

 

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1                 (C) the time and location of the arrest;
2                 (D) the name of the investigating or arresting
3             law enforcement agency;
4                 (E) if the individual is incarcerated, the
5             amount of any bail or bond; and
6                 (F) if the individual is incarcerated, the
7             time and date that the individual was received,
8             discharged, or transferred from the arresting
9             agency's custody.
10     The information described in paragraphs (C), (D), (E), and
11 (F) of subsection (i), however, may be withheld from disclosure
12 if it is determined that disclosure would interfere with
13 pending or actually and reasonably contemplated law
14 enforcement proceedings conducted by any law enforcement or
15 correctional agency, endanger the life or physical safety of
16 law enforcement or correctional personnel or any other person,
17 or compromise the security of any correctional facility.
18             (ii) the name of a person in the custody of a law
19         enforcement agency and the charges for which that
20         person is being held;
21             (ii) (iii) court records and any other records that
22         are otherwise available to the public under State or
23         local law; or
24             (iv) records that are otherwise available under
25         State or local law; or
26             (iii) (v) records in which the requesting party is

 

 

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1         the individual identified, except to the extent
2         exempted by as provided under part (vi) (vii) of
3         paragraph (c) of subsection (1) of this Section.
4         "Criminal history record information" means data
5     identifiable to an individual and consisting of
6     descriptions or notations of arrests, detentions,
7     indictments, informations, pre-trial proceedings, trials,
8     or other formal events in the criminal justice system or
9     descriptions or notations of criminal charges (including
10     criminal violations of local municipal ordinances) and the
11     nature of any disposition arising therefrom, including
12     sentencing, court or correctional supervision,
13     rehabilitation and release. The term does not apply to
14     statistical records and reports in which individuals are
15     not identified and from which their identities are not
16     ascertainable, or to information that is for criminal
17     investigative or intelligence purposes.
18         (e) Records that relate to or affect the security of
19     correctional institutions and detention facilities.
20         (f) Preliminary documents, generated by the members,
21     employees, or officials of a public body, drafts, notes,
22     recommendations, memoranda and other records in which
23     opinions are expressed, or policies or actions are
24     formulated, except that a specific record or relevant
25     portion of a record shall not be exempt when the record is
26     publicly referenced by an officer or member of the public

 

 

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1     body or referenced in or on the agenda of an open meeting
2     of a public body, or to the extent the record contains
3     factual information cited and identified by the head of the
4     public body. The exemption provided in this paragraph (f)
5     extends to all those records of officers and agencies of
6     the General Assembly that pertain to the preparation of
7     legislative documents.
8         (g) Trade secrets and commercial or financial
9     information obtained from a person or business where the
10     trade secrets or information are furnished under a claim
11     that they are proprietary, privileged or confidential, and
12     that or where disclosure of the trade secrets or financial
13     information would may cause competitive harm to the person
14     or business, and only insofar as the claim directly applies
15     to the records requested. , including:
16             (i) All information determined to be confidential
17         under Section 4002 of the Technology Advancement and
18         Development Act.
19             (i) (ii) All trade secrets and commercial or
20         financial information obtained by a public body,
21         including a public pension fund, from a private equity
22         fund or a privately held company within the investment
23         portfolio of a private equity fund as a result of
24         either investing or evaluating a potential investment
25         of public funds in a private equity fund. The exemption
26         contained in this item does not apply to the aggregate

 

 

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1         financial performance information of a private equity
2         fund, nor to the identity of the fund's managers or
3         general partners. The exemption contained in this item
4         does not apply to the identity of a privately held
5         company within the investment portfolio of a private
6         equity fund, unless the disclosure of the identity of a
7         privately held company may cause competitive harm.
8     Nothing contained in this paragraph (g) shall be construed
9 to prevent a person or business from consenting to disclosure.
10         (h) Proposals and bids for any contract, grant, or
11     agreement, including information which if it were
12     disclosed would frustrate procurement or give an advantage
13     to any person proposing to enter into a contractor
14     agreement with the body, until an award or final selection
15     is made. Information prepared by or for the body in
16     preparation of a bid solicitation shall be exempt until an
17     award or final selection is made.
18         (i) Valuable formulae, computer geographic systems,
19     designs, drawings and research data obtained or produced by
20     any public body when disclosure could reasonably be
21     expected to produce private gain or public loss. The
22     exemption for "computer geographic systems" provided in
23     this paragraph (i) does not extend to requests made by news
24     media as defined in Section 2 of this Act when the
25     requested information is not otherwise exempt and the only
26     purpose of the request is to access and disseminate

 

 

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

 

 

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1     government owned, operated, or occupied buildings, but
2     only to the extent that disclosure would compromise
3     security, including but not limited to water treatment
4     facilities, airport facilities, sport stadiums, convention
5     centers, and all government owned, operated, or occupied
6     buildings.
7         (l) Library circulation and order records identifying
8     library users with specific materials.
9         (l) (m) Minutes of meetings of public bodies closed to
10     the public as provided in the Open Meetings Act until the
11     public body makes the minutes available to the public under
12     Section 2.06 of the Open Meetings Act.
13         (m) (n) Communications between a public body and an
14     attorney or auditor representing the public body that would
15     not be subject to discovery in litigation, and materials
16     prepared or compiled by or for a public body in
17     anticipation of a criminal, civil or administrative
18     proceeding upon the request of an attorney advising the
19     public body, and materials prepared or compiled with
20     respect to internal audits of public bodies.
21         (n) (o) Records relating to a public body's
22     adjudication of employee grievances or disciplinary cases;
23     however, this exemption shall not extend to the final
24     outcome of cases in which discipline is imposed Information
25     received by a primary or secondary school, college or
26     university under its procedures for the evaluation of

 

 

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1     faculty members by their academic peers.
2         (o) (p) Administrative or technical information
3     associated with automated data processing operations,
4     including but not limited to software, operating
5     protocols, computer program abstracts, file layouts,
6     source listings, object modules, load modules, user
7     guides, documentation pertaining to all logical and
8     physical design of computerized systems, employee manuals,
9     and any other information that, if disclosed, would
10     jeopardize the security of the system or its data or the
11     security of materials exempt under this Section.
12         (p) (q) Records Documents or materials relating to
13     collective negotiating matters between public bodies and
14     their employees or representatives, except that any final
15     contract or agreement shall be subject to inspection and
16     copying.
17         (q) (r) Test questions, scoring keys, and other
18     examination data used to determine the qualifications of an
19     applicant for a license or employment. Drafts, notes,
20     recommendations and memoranda pertaining to the financing
21     and marketing transactions of the public body. The records
22     of ownership, registration, transfer, and exchange of
23     municipal debt obligations, and of persons to whom payment
24     with respect to these obligations is made.
25         (r) (s) The records, documents and information
26     relating to real estate purchase negotiations until those

 

 

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1     negotiations have been completed or otherwise terminated.
2     With regard to a parcel involved in a pending or actually
3     and reasonably contemplated eminent domain proceeding
4     under the Eminent Domain Act, records, documents and
5     information relating to that parcel shall be exempt except
6     as may be allowed under discovery rules adopted by the
7     Illinois Supreme Court. The records, documents and
8     information relating to a real estate sale shall be exempt
9     until a sale is consummated.
10         (t) Any and all proprietary information and records
11     related to the operation of an intergovernmental risk
12     management association or self-insurance pool or jointly
13     self-administered health and accident cooperative or pool.
14         (u) Information concerning a university's adjudication
15     of student or employee grievance or disciplinary cases, to
16     the extent that disclosure would reveal the identity of the
17     student or employee and information concerning any public
18     body's adjudication of student or employee grievances or
19     disciplinary cases, except for the final outcome of the
20     cases.
21         (v) Course materials or research materials used by
22     faculty members.
23         (w) Information related solely to the internal
24     personnel rules and practices of a public body.
25         (s) (x) Information contained in or related to
26     examination, operating, or condition reports prepared by,

 

 

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1     on behalf of, or for the use of a public body responsible
2     for the regulation or supervision of financial
3     institutions or insurance companies, unless disclosure is
4     otherwise required by State law.
5         (y) Information the disclosure of which is restricted
6     under Section 5-108 of the Public Utilities Act.
7         (z) Manuals or instruction to staff that relate to
8     establishment or collection of liability for any State tax
9     or that relate to investigations by a public body to
10     determine violation of any criminal law.
11         (aa) Applications, related documents, and medical
12     records received by the Experimental Organ Transplantation
13     Procedures Board and any and all documents or other records
14     prepared by the Experimental Organ Transplantation
15     Procedures Board or its staff relating to applications it
16     has received.
17         (bb) Insurance or self insurance (including any
18     intergovernmental risk management association or self
19     insurance pool) claims, loss or risk management
20     information, records, data, advice or communications.
21         (cc) Information and records held by the Department of
22     Public Health and its authorized representatives relating
23     to known or suspected cases of sexually transmissible
24     disease or any information the disclosure of which is
25     restricted under the Illinois Sexually Transmissible
26     Disease Control Act.

 

 

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1         (dd) Information the disclosure of which is exempted
2     under Section 30 of the Radon Industry Licensing Act.
3         (ee) Firm performance evaluations under Section 55 of
4     the Architectural, Engineering, and Land Surveying
5     Qualifications Based Selection Act.
6         (ff) Security portions of system safety program plans,
7     investigation reports, surveys, schedules, lists, data, or
8     information compiled, collected, or prepared by or for the
9     Regional Transportation Authority under Section 2.11 of
10     the Regional Transportation Authority Act or the St. Clair
11     County Transit District under the Bi-State Transit Safety
12     Act.
13         (gg) Information the disclosure of which is restricted
14     and exempted under Section 50 of the Illinois Prepaid
15     Tuition Act.
16         (hh) Information the disclosure of which is exempted
17     under the State Officials and Employees Ethics Act.
18         (t) (ii) Information Beginning July 1, 1999,
19     information that would disclose or might lead to the
20     disclosure of secret or confidential information, codes,
21     algorithms, programs, or private keys intended to be used
22     to create electronic or digital signatures under the
23     Electronic Commerce Security Act.
24         (u) (jj) Information contained in a local emergency
25     energy plan submitted to a municipality in accordance with
26     a local emergency energy plan ordinance that is adopted

 

 

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1     under Section 11-21.5-5 of the Illinois Municipal Code.
2         (kk) Information and data concerning the distribution
3     of surcharge moneys collected and remitted by wireless
4     carriers under the Wireless Emergency Telephone Safety
5     Act.
6         (v) (ll) Vulnerability assessments, security measures,
7     and response policies or plans that are designed to
8     identify, prevent, or respond to potential attacks upon a
9     community's population or systems, facilities, or
10     installations, the destruction or contamination of which
11     would constitute a clear and present danger to the health
12     or safety of the community, but only to the extent that
13     disclosure could reasonably be expected to jeopardize the
14     effectiveness of the measures or the safety of the
15     personnel who implement them or the public. Information
16     exempt under this item may include such things as details
17     pertaining to the mobilization or deployment of personnel
18     or equipment, to the operation of communication systems or
19     protocols, or to tactical operations.
20         (w) (mm) Maps and other records regarding the location
21     or security of generation, transmission, distribution,
22     storage, gathering, treatment, or switching facilities
23     owned by a utility or by the Illinois Power Agency.
24         (nn) Law enforcement officer identification
25     information or driver identification information compiled
26     by a law enforcement agency or the Department of

 

 

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1     Transportation under Section 11-212 of the Illinois
2     Vehicle Code.
3         (oo) Records and information provided to a residential
4     health care facility resident sexual assault and death
5     review team or the Executive Council under the Abuse
6     Prevention Review Team Act.
7         (pp) Information provided to the predatory lending
8     database created pursuant to Article 3 of the Residential
9     Real Property Disclosure Act, except to the extent
10     authorized under that Article.
11         (qq) Defense budgets and petitions for certification
12     of compensation and expenses for court appointed trial
13     counsel as provided under Sections 10 and 15 of the Capital
14     Crimes Litigation Act. This subsection (qq) shall apply
15     until the conclusion of the trial of the case, even if the
16     prosecution chooses not to pursue the death penalty prior
17     to trial or sentencing.
18         (x) (rr) Information contained in or related to
19     proposals, bids, or negotiations related to electric power
20     procurement under Section 1-75 of the Illinois Power Agency
21     Act and Section 16-111.5 of the Public Utilities Act that
22     is determined to be confidential and proprietary by the
23     Illinois Power Agency or by the Illinois Commerce
24     Commission.
25         (ss) Information that is prohibited from being
26     disclosed under Section 4 of the Illinois Health and

 

 

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1     Hazardous Substances Registry Act.
2     (2) A public record that is not in the possession of a
3 public body but is in the possession of a party with whom the
4 agency has contracted to perform a governmental function on
5 behalf of the public body, and that directly relates to the
6 governmental function and is not otherwise exempt under this
7 Act, shall be considered a public record of the public body,
8 for purposes of this Act.
9     (3) (2) This Section does not authorize withholding of
10 information or limit the availability of records to the public,
11 except as stated in this Section or otherwise provided in this
12 Act.
13 (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664,
14 eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
15 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.
16 8-28-07; 95-941, eff. 8-29-08.)
 
17     (Text of Section after amendment by P.A. 95-988)
18     Sec. 7. Exemptions.
19     (1) When a request is made to inspect or copy a public
20 record that contains information that is exempted from
21 disclosure under this Section, but also contains information
22 that is not exempted from disclosure, the public body shall
23 redact the information that is exempted and make the remaining
24 information available for inspection and copying. Subject to
25 this requirement, the The following shall be exempt from

 

 

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1 inspection and copying:
2         (a) Information specifically prohibited from
3     disclosure by federal or State law or rules and regulations
4     adopted under federal or State law.
5         (b) Information that, if disclosed, would constitute a
6     clearly unwarranted invasion of personal privacy, unless
7     the disclosure is consented to in writing by the individual
8     subjects of the information. The disclosure of information
9     that bears on the public duties of public employees and
10     officials shall not be considered an invasion of personal
11     privacy. Information exempted under this subsection (b)
12     shall include but is not limited to:
13             (i) files and personal information maintained with
14         respect to clients, patients, residents, students or
15         other individuals receiving social, medical,
16         educational, vocational, financial, supervisory or
17         custodial care or services directly or indirectly from
18         federal agencies or public bodies;
19             (ii) personnel files and personal information
20         maintained with respect to employees, appointees or
21         elected officials of any public body or applicants for
22         those positions;
23             (iii) files and personal information maintained
24         with respect to any applicant, registrant or licensee
25         by any public body cooperating with or engaged in
26         professional or occupational registration, licensure

 

 

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1         or discipline;
2             (iv) information required of any taxpayer in
3         connection with the assessment or collection of any tax
4         unless disclosure is otherwise required by State
5         statute;
6             (v) information revealing the identity of persons
7         who file complaints with or provide information to
8         administrative, investigative, law enforcement or
9         penal agencies; provided, however, that identification
10         of witnesses to traffic accidents, traffic accident
11         reports, and rescue reports may be provided by agencies
12         of local government, except in a case for which a
13         criminal investigation is ongoing, without
14         constituting a clearly unwarranted per se invasion of
15         personal privacy under this subsection;
16             (vi) the names, addresses, or other personal
17         information of participants and registrants in park
18         district, forest preserve district, and conservation
19         district programs; and
20             (vii) the Notarial Record or other medium
21         containing the thumbprint or fingerprint required by
22         Section 3-102(c)(6) of the Illinois Notary Public Act.
23         (c) Records in the possession of compiled by any public
24     body created in the course of for administrative
25     enforcement proceedings, and any law enforcement or
26     correctional agency for law enforcement purposes, or for

 

 

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1     internal matters of a public body, but only to the extent
2     that disclosure would:
3             (i) interfere with pending or actually and
4         reasonably contemplated law enforcement proceedings
5         conducted by any law enforcement or correctional
6         agency, when an action has been filed and is pending
7         before a court or administrative tribunal, or when the
8         agency affirmatively asserts that such an action is
9         probable or imminent;
10             (ii) interfere with pending administrative
11         enforcement proceedings conducted by any public body,
12         when an action on behalf of or affecting the public
13         body has been filed and is pending before a court or
14         administrative tribunal, or when the public body
15         affirmatively asserts that such an action is probable
16         or imminent;
17             (iii) that deprive a person will be deprived of a
18         fair trial or an impartial hearing;
19             (iv) unavoidably disclose the identity of persons
20         who file complaints with or provide information to
21         administrative, investigative, law enforcement, or
22         penal agencies; except that the identities of
23         witnesses to traffic accidents, traffic accident
24         reports, and rescue reports shall be provided by
25         agencies of local government, except when disclosure
26         would interfere with an ongoing criminal investigation

 

 

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1         a confidential source or confidential information
2         furnished only by the confidential source;
3             (v) disclose unique or specialized investigative
4         techniques other than those generally used and known or
5         disclose internal documents of correctional agencies
6         related to detection, observation or investigation of
7         incidents of crime or misconduct, and disclosure would
8         result in demonstrable harm to the agency or public
9         body;
10             (vi) constitute an invasion of personal privacy
11         under subsection (b) of this Section;
12             (vi) (vii) endanger the life or physical safety of
13         law enforcement personnel or any other person; or
14             (viii) obstruct an ongoing criminal investigation.
15         (d) Criminal history record information maintained by
16     State or local criminal justice agencies, except the
17     following which shall be open for public inspection and
18     copying:
19             (i) chronologically maintained arrest information,
20         including the following information, which shall
21         immediately be furnished upon request and payment of
22         copying fees, if copies are requested, notwithstanding
23         the time limits otherwise provided for in Section 3 of
24         this Act such as traditional arrest logs or blotters;
25                 (A) information that identifies the
26             individual, including the name, age, address, and

 

 

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1             photograph, when and if available;
2                 (B) information detailing any charges relating
3             to the arrest;
4                 (C) the time and location of the arrest;
5                 (D) the name of the investigating or arresting
6             law enforcement agency;
7                 (E) if the individual is incarcerated, the
8             amount of any bail or bond; and
9                 (F) if the individual is incarcerated, the
10             time and date that the individual was received,
11             discharged, or transferred from the arresting
12             agency's custody.
13     The information described in paragraphs (C), (D), (E), and
14 (F) of subsection (i), however, may be withheld from disclosure
15 if it is determined that disclosure would interfere with
16 pending or actually and reasonably contemplated law
17 enforcement proceedings conducted by any law enforcement or
18 correctional agency, endanger the life or physical safety of
19 law enforcement or correctional personnel or any other person,
20 or compromise the security of any correctional facility.
21             (ii) the name of a person in the custody of a law
22         enforcement agency and the charges for which that
23         person is being held;
24             (ii) (iii) court records and any other records that
25         are otherwise available to the public under State or
26         local law; or

 

 

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1             (iv) records that are otherwise available under
2         State or local law; or
3             (iii) (v) records in which the requesting party is
4         the individual identified, except to the extent
5         exempted by as provided under part (vi) (vii) of
6         paragraph (c) of subsection (1) of this Section.
7         "Criminal history record information" means data
8     identifiable to an individual and consisting of
9     descriptions or notations of arrests, detentions,
10     indictments, informations, pre-trial proceedings, trials,
11     or other formal events in the criminal justice system or
12     descriptions or notations of criminal charges (including
13     criminal violations of local municipal ordinances) and the
14     nature of any disposition arising therefrom, including
15     sentencing, court or correctional supervision,
16     rehabilitation and release. The term does not apply to
17     statistical records and reports in which individuals are
18     not identified and from which their identities are not
19     ascertainable, or to information that is for criminal
20     investigative or intelligence purposes.
21         (e) Records that relate to or affect the security of
22     correctional institutions and detention facilities.
23         (f) Preliminary documents, generated by the members,
24     employees or officials of a public body, drafts, notes,
25     recommendations, memoranda and other records in which
26     opinions are expressed, or policies or actions are

 

 

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1     formulated, except that a specific record or relevant
2     portion of a record shall not be exempt when the record is
3     publicly referenced by an officer or member of the public
4     body or referenced in or on the agenda of an open meeting
5     of a public body, or to the extent the record contains
6     factual information cited and identified by the head of the
7     public body. The exemption provided in this paragraph (f)
8     extends to all those records of officers and agencies of
9     the General Assembly that pertain to the preparation of
10     legislative documents.
11         (g) Trade secrets and commercial or financial
12     information obtained from a person or business where the
13     trade secrets or information are furnished under a claim
14     that they are proprietary, privileged or confidential, and
15     that or where disclosure of the trade secrets or financial
16     information would may cause competitive harm to the person
17     or business, and only insofar as the claim directly applies
18     to the records requested. , including:
19             (i) All information determined to be confidential
20         under Section 4002 of the Technology Advancement and
21         Development Act.
22             (i) (ii) All trade secrets and commercial or
23         financial information obtained by a public body,
24         including a public pension fund, from a private equity
25         fund or a privately held company within the investment
26         portfolio of a private equity fund as a result of

 

 

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1         either investing or evaluating a potential investment
2         of public funds in a private equity fund. The exemption
3         contained in this item does not apply to the aggregate
4         financial performance information of a private equity
5         fund, nor to the identity of the fund's managers or
6         general partners. The exemption contained in this item
7         does not apply to the identity of a privately held
8         company within the investment portfolio of a private
9         equity fund, unless the disclosure of the identity of a
10         privately held company may cause competitive harm.
11     Nothing contained in this paragraph (g) shall be construed
12 to prevent a person or business from consenting to disclosure.
13         (h) Proposals and bids for any contract, grant, or
14     agreement, including information which if it were
15     disclosed would frustrate procurement or give an advantage
16     to any person proposing to enter into a contractor
17     agreement with the body, until an award or final selection
18     is made. Information prepared by or for the body in
19     preparation of a bid solicitation shall be exempt until an
20     award or final selection is made.
21         (i) Valuable formulae, computer geographic systems,
22     designs, drawings and research data obtained or produced by
23     any public body when disclosure could reasonably be
24     expected to produce private gain or public loss. The
25     exemption for "computer geographic systems" provided in
26     this paragraph (i) does not extend to requests made by news

 

 

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1     media as defined in Section 2 of this Act when the
2     requested information is not otherwise exempt and the only
3     purpose of the request is to access and disseminate
4     information regarding the health, safety, welfare, or
5     legal rights of the general public.
6         (j) The following information pertaining to
7     educational matters:
8             (i) test Test questions, scoring keys and other
9         examination data used to administer an academic
10         examination; or determined the qualifications of an
11         applicant for a license or employment.
12             (ii) information received by a primary or
13         secondary school, college, or university under its
14         procedures for the evaluation of faculty members by
15         their academic peers;
16             (iii) information concerning a school or
17         university's adjudication of student disciplinary
18         cases, but only to the extent that disclosure would
19         unavoidably reveal the identity of the student; and
20             (iv) course materials or research materials used
21         by faculty members.
22         (k) Architects' plans, engineers' technical
23     submissions, and other construction related technical
24     documents for projects not constructed or developed in
25     whole or in part with public funds and the same for
26     projects constructed or developed with public funds,

 

 

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1     including but not limited to power generating and
2     distribution stations, water treatment facilities, airport
3     facilities, sport stadiums, convention centers, and all
4     government owned, operated, or occupied buildings, but
5     only to the extent that disclosure would compromise
6     security, including but not limited to water treatment
7     facilities, airport facilities, sport stadiums, convention
8     centers, and all government owned, operated, or occupied
9     buildings.
10         (l) Library circulation and order records identifying
11     library users with specific materials.
12         (l) (m) Minutes of meetings of public bodies closed to
13     the public as provided in the Open Meetings Act until the
14     public body makes the minutes available to the public under
15     Section 2.06 of the Open Meetings Act.
16         (m) (n) Communications between a public body and an
17     attorney or auditor representing the public body that would
18     not be subject to discovery in litigation, and materials
19     prepared or compiled by or for a public body in
20     anticipation of a criminal, civil or administrative
21     proceeding upon the request of an attorney advising the
22     public body, and materials prepared or compiled with
23     respect to internal audits of public bodies.
24         (n) (o) Records relating to a public body's
25     adjudication of employee grievances or disciplinary cases;
26     however, this exemption shall not extend to the final

 

 

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1     outcome of cases in which discipline is imposed Information
2     received by a primary or secondary school, college or
3     university under its procedures for the evaluation of
4     faculty members by their academic peers.
5         (o) (p) Administrative or technical information
6     associated with automated data processing operations,
7     including but not limited to software, operating
8     protocols, computer program abstracts, file layouts,
9     source listings, object modules, load modules, user
10     guides, documentation pertaining to all logical and
11     physical design of computerized systems, employee manuals,
12     and any other information that, if disclosed, would
13     jeopardize the security of the system or its data or the
14     security of materials exempt under this Section.
15         (p) (q) Records Documents or materials relating to
16     collective negotiating matters between public bodies and
17     their employees or representatives, except that any final
18     contract or agreement shall be subject to inspection and
19     copying.
20         (q) (r) Test questions, scoring keys, and other
21     examination data used to determine the qualifications of an
22     applicant for a license or employment. Drafts, notes,
23     recommendations and memoranda pertaining to the financing
24     and marketing transactions of the public body. The records
25     of ownership, registration, transfer, and exchange of
26     municipal debt obligations, and of persons to whom payment

 

 

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1     with respect to these obligations is made.
2         (r) (s) The records, documents and information
3     relating to real estate purchase negotiations until those
4     negotiations have been completed or otherwise terminated.
5     With regard to a parcel involved in a pending or actually
6     and reasonably contemplated eminent domain proceeding
7     under the Eminent Domain Act, records, documents and
8     information relating to that parcel shall be exempt except
9     as may be allowed under discovery rules adopted by the
10     Illinois Supreme Court. The records, documents and
11     information relating to a real estate sale shall be exempt
12     until a sale is consummated.
13         (t) Any and all proprietary information and records
14     related to the operation of an intergovernmental risk
15     management association or self-insurance pool or jointly
16     self-administered health and accident cooperative or pool.
17         (u) Information concerning a university's adjudication
18     of student or employee grievance or disciplinary cases, to
19     the extent that disclosure would reveal the identity of the
20     student or employee and information concerning any public
21     body's adjudication of student or employee grievances or
22     disciplinary cases, except for the final outcome of the
23     cases.
24         (v) Course materials or research materials used by
25     faculty members.
26         (w) Information related solely to the internal

 

 

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1     personnel rules and practices of a public body.
2         (s) (x) Information contained in or related to
3     examination, operating, or condition reports prepared by,
4     on behalf of, or for the use of a public body responsible
5     for the regulation or supervision of financial
6     institutions or insurance companies, unless disclosure is
7     otherwise required by State law.
8         (y) Information the disclosure of which is restricted
9     under Section 5-108 of the Public Utilities Act.
10         (z) Manuals or instruction to staff that relate to
11     establishment or collection of liability for any State tax
12     or that relate to investigations by a public body to
13     determine violation of any criminal law.
14         (aa) Applications, related documents, and medical
15     records received by the Experimental Organ Transplantation
16     Procedures Board and any and all documents or other records
17     prepared by the Experimental Organ Transplantation
18     Procedures Board or its staff relating to applications it
19     has received.
20         (bb) Insurance or self insurance (including any
21     intergovernmental risk management association or self
22     insurance pool) claims, loss or risk management
23     information, records, data, advice or communications.
24         (cc) Information and records held by the Department of
25     Public Health and its authorized representatives relating
26     to known or suspected cases of sexually transmissible

 

 

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1     disease or any information the disclosure of which is
2     restricted under the Illinois Sexually Transmissible
3     Disease Control Act.
4         (dd) Information the disclosure of which is exempted
5     under Section 30 of the Radon Industry Licensing Act.
6         (ee) Firm performance evaluations under Section 55 of
7     the Architectural, Engineering, and Land Surveying
8     Qualifications Based Selection Act.
9         (ff) Security portions of system safety program plans,
10     investigation reports, surveys, schedules, lists, data, or
11     information compiled, collected, or prepared by or for the
12     Regional Transportation Authority under Section 2.11 of
13     the Regional Transportation Authority Act or the St. Clair
14     County Transit District under the Bi-State Transit Safety
15     Act.
16         (gg) Information the disclosure of which is restricted
17     and exempted under Section 50 of the Illinois Prepaid
18     Tuition Act.
19         (hh) Information the disclosure of which is exempted
20     under the State Officials and Employees Ethics Act.
21         (t) (ii) Information Beginning July 1, 1999,
22     information that would disclose or might lead to the
23     disclosure of secret or confidential information, codes,
24     algorithms, programs, or private keys intended to be used
25     to create electronic or digital signatures under the
26     Electronic Commerce Security Act.

 

 

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1         (u) (jj) Information contained in a local emergency
2     energy plan submitted to a municipality in accordance with
3     a local emergency energy plan ordinance that is adopted
4     under Section 11-21.5-5 of the Illinois Municipal Code.
5         (kk) Information and data concerning the distribution
6     of surcharge moneys collected and remitted by wireless
7     carriers under the Wireless Emergency Telephone Safety
8     Act.
9         (v) (ll) Vulnerability assessments, security measures,
10     and response policies or plans that are designed to
11     identify, prevent, or respond to potential attacks upon a
12     community's population or systems, facilities, or
13     installations, the destruction or contamination of which
14     would constitute a clear and present danger to the health
15     or safety of the community, but only to the extent that
16     disclosure could reasonably be expected to jeopardize the
17     effectiveness of the measures or the safety of the
18     personnel who implement them or the public. Information
19     exempt under this item may include such things as details
20     pertaining to the mobilization or deployment of personnel
21     or equipment, to the operation of communication systems or
22     protocols, or to tactical operations.
23         (w) (mm) Maps and other records regarding the location
24     or security of generation, transmission, distribution,
25     storage, gathering, treatment, or switching facilities
26     owned by a utility or by the Illinois Power Agency.

 

 

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1         (nn) Law enforcement officer identification
2     information or driver identification information compiled
3     by a law enforcement agency or the Department of
4     Transportation under Section 11-212 of the Illinois
5     Vehicle Code.
6         (oo) Records and information provided to a residential
7     health care facility resident sexual assault and death
8     review team or the Executive Council under the Abuse
9     Prevention Review Team Act.
10         (pp) Information provided to the predatory lending
11     database created pursuant to Article 3 of the Residential
12     Real Property Disclosure Act, except to the extent
13     authorized under that Article.
14         (qq) Defense budgets and petitions for certification
15     of compensation and expenses for court appointed trial
16     counsel as provided under Sections 10 and 15 of the Capital
17     Crimes Litigation Act. This subsection (qq) shall apply
18     until the conclusion of the trial of the case, even if the
19     prosecution chooses not to pursue the death penalty prior
20     to trial or sentencing.
21         (x) (rr) Information contained in or related to
22     proposals, bids, or negotiations related to electric power
23     procurement under Section 1-75 of the Illinois Power Agency
24     Act and Section 16-111.5 of the Public Utilities Act that
25     is determined to be confidential and proprietary by the
26     Illinois Power Agency or by the Illinois Commerce

 

 

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1     Commission.
2         (ss) Information that is prohibited from being
3     disclosed under Section 4 of the Illinois Health and
4     Hazardous Substances Registry Act.
5     (2) A public record that is not in the possession of a
6 public body but is in the possession of a party with whom the
7 agency has contracted to perform a governmental function on
8 behalf of the public body, and that directly relates to the
9 governmental function and is not otherwise exempt under this
10 Act, shall be considered a public record of the public body,
11 for purposes of this Act.
12     (3) (2) This Section does not authorize withholding of
13 information or limit the availability of records to the public,
14 except as stated in this Section or otherwise provided in this
15 Act.
16 (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664,
17 eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
18 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.
19 8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised
20 10-20-08.)
 
21     (5 ILCS 140/7.5 new)
22     Sec. 7.5. Statutory Exemptions. To the extent provided for
23 by the statutes referenced below, the following shall be exempt
24 from inspection and copying:
25     (a) All information determined to be confidential under

 

 

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1 Section 4002 of the Technology Advancement and Development Act.
2     (b) Library circulation and order records identifying
3 library users with specific materials under the Library Records
4 Confidentiality Act.
5     (c) Applications, related documents, and medical records
6 received by the Experimental Organ Transplantation Procedures
7 Board and any and all documents or other records prepared by
8 the Experimental Organ Transplantation Procedures Board or its
9 staff relating to applications it has received.
10     (d) Information and records held by the Department of
11 Public Health and its authorized representatives relating to
12 known or suspected cases of sexually transmissible disease or
13 any information the disclosure of which is restricted under the
14 Illinois Sexually Transmissible Disease Control Act.
15     (e) Information the disclosure of which is exempted under
16 Section 30 of the Radon Industry Licensing Act.
17     (f) Firm performance evaluations under Section 55 of the
18 Architectural, Engineering, and Land Surveying Qualifications
19 Based Selection Act.
20     (g) Information the disclosure of which is restricted and
21 exempted under Section 50 of the Illinois Prepaid Tuition Act.
22     (h) Information the disclosure of which is exempted under
23 the State Officials and Employees Ethics Act.
24     (i) Information contained in a local emergency energy plan
25 submitted to a municipality in accordance with a local
26 emergency energy plan ordinance that is adopted under Section

 

 

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1 11-21.5-5 of the Illinois Municipal Code.
2     (j) Information and data concerning the distribution of
3 surcharge moneys collected and remitted by wireless carriers
4 under the Wireless Emergency Telephone Safety Act.
5     (k) Law enforcement officer identification information or
6 driver identification information compiled by a law
7 enforcement agency or the Department of Transportation under
8 Section 11-212 of the Illinois Vehicle Code.
9     (l) Records and information provided to a residential
10 health care facility resident sexual assault and death review
11 team or the Executive Council under the Abuse Prevention Review
12 Team Act.
13     (m) Information provided to the predatory lending database
14 created pursuant to Article 3 of the Residential Real Property
15 Disclosure Act, except to the extent authorized under that
16 Article.
17     (n) Defense budgets and petitions for certification of
18 compensation and expenses for court appointed trial counsel as
19 provided under Sections 10 and 15 of the Capital Crimes
20 Litigation Act. This subsection (n) shall apply until the
21 conclusion of the trial of the case, even if the prosecution
22 chooses not to pursue the death penalty prior to trial or
23 sentencing.
24     (o) Information that is prohibited from being disclosed
25 under Section 4 of the Illinois Health and Hazardous Substances
26 Registry Act.

 

 

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1     (p) Security portions of system safety program plans,
2 investigation reports, surveys, schedules, lists, data, or
3 information compiled, collected, or prepared by or for the
4 Regional Transportation Authority under Section 2.11 of the
5 Regional Transportation Authority Act or the St. Clair County
6 Transit District under the Bi-State Transit Safety Act.
 
7     (5 ILCS 140/9)  (from Ch. 116, par. 209)
8     Sec. 9. (a) Each public body or head of a public body
9 denying a request for public records shall notify in writing by
10 letter the person making the request of the decision to deny
11 such, the reasons for the denial, including a detailed factual
12 basis for the application of any exemption claimed, and the
13 names and titles or positions of each person responsible for
14 the denial. Each notice of denial by a public body shall also
15 inform such person of his right to appeal to the head of the
16 public body. Each notice of denial of an appeal by the head of
17 a public body shall inform such person of his right to judicial
18 review under Section 10 11 of this Act.
19     (b) When a request for public records is denied on the
20 grounds that the records are exempt under Section 7 of this
21 Act, the notice of denial shall specify the exemption claimed
22 to authorize the denial and the specific reasons for the
23 denial, including a detailed factual basis and a citation to
24 supporting legal authority. Copies of all notices of denial
25 shall be retained by each public body in a single central

 

 

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1 office file that is open to the public and indexed according to
2 the type of exemption asserted and, to the extent feasible,
3 according to the types of records requested.
4     (c) Any person making a request for public records shall be
5 deemed to have exhausted his administrative remedies with
6 respect to that request if the public body fails to act within
7 the time periods provided in Section 3 of this Act.
8 (Source: P.A. 83-1013.)
 
9     (5 ILCS 140/11)  (from Ch. 116, par. 211)
10     Sec. 11. (a) Any person denied access to inspect or copy
11 any public record by the head of a public body may file suit
12 for injunctive or declaratory relief.
13     (b) Where the denial is from the head of a public body of
14 the State, suit may be filed in the circuit court for the
15 county where the public body has its principal office or where
16 the person denied access resides.
17     (c) Where the denial is from the head of a municipality or
18 other public body, except as provided in subsection (b) of this
19 Section, suit may be filed in the circuit court for the county
20 where the public body is located.
21     (d) The circuit court shall have the jurisdiction to enjoin
22 the public body from withholding public records and to order
23 the production of any public records improperly withheld from
24 the person seeking access. If the public body can show that
25 exceptional circumstances exist, and that the body is

 

 

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1 exercising due diligence in responding to the request, the
2 court may retain jurisdiction and allow the agency additional
3 time to complete its review of the records.
4     (e) On motion of the plaintiff, prior to or after in camera
5 inspection, the court shall order the public body to provide an
6 index of the records to which access has been denied. The index
7 shall include the following:
8         (i) A description of the nature or contents of each
9     document withheld, or each deletion from a released
10     document, provided, however, that the public body shall not
11     be required to disclose the information which it asserts is
12     exempt; and
13         (ii) A statement of the exemption or exemptions claimed
14     for each such deletion or withheld document.
15     (f) In any action considered by the court, the court shall
16 consider the matter de novo, and shall conduct such in camera
17 examination of the requested records as it finds appropriate to
18 determine if such records or any part thereof may be withheld
19 under any provision of this Act. The burden shall be on the
20 public body to establish that its refusal to permit public
21 inspection or copying is in accordance with the provisions of
22 this Act. Any public body that asserts that a record is exempt
23 from disclosure has the burden of proving that it is exempt by
24 clear and convincing evidence.
25     (g) In the event of noncompliance with an order of the
26 court to disclose, the court may enforce its order against any

 

 

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1 public official or employee so ordered or primarily responsible
2 for such noncompliance through the court's contempt powers.
3     (h) Except as to causes the court considers to be of
4 greater importance, proceedings arising under this Section
5 shall take precedence on the docket over all other causes and
6 be assigned for hearing and trial at the earliest practicable
7 date and expedited in every way.
8     (i) If the court determines in a proceeding under this
9 Section that a person seeking the right to inspect or receive a
10 copy of a public record was entitled to the record, or a
11 portion thereof substantially prevails in a proceeding under
12 this Section, the court shall may award such person reasonable
13 attorneys' fees and costs. The court may also award reasonable
14 attorney fees and costs of litigation or an appropriate portion
15 thereof to a public body if the court finds that a suit filed
16 under this Section was frivolous. If, however, the court finds
17 that the fundamental purpose of the request was to further the
18 commercial interests of the requestor, the court may award
19 reasonable attorneys' fees and costs if the court finds that
20 the record or records in question were of clearly significant
21 interest to the general public and that the public body lacked
22 any reasonable basis in law for withholding the record.
23     (j) If the court determines that a public body willfully
24 and intentionally failed to comply with a request for
25 inspection or copies of public records, or otherwise acted in
26 bad faith, the court shall also impose upon the public body a

 

 

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1 civil penalty of not less that $100 nor more than $1000 for
2 each occurrence. In assessing the civil penalty, the court
3 shall consider in aggravation or mitigation whether the public
4 body has previously been assessed penalties for violations of
5 this Act.
6 (Source: P.A. 93-466, eff. 1-1-04.)
 
7     (5 ILCS 140/11.5 new)
8     Sec. 11.5. Criminal offense. The imposition of civil
9 penalties set out in Section 11 notwithstanding, any person who
10 knowingly and willfully violates any of the provisions of this
11 Act shall be guilty of a Class C misdemeanor.
 
12     (5 ILCS 140/7.1 rep.)
13     (5 ILCS 140/8 rep.)
14     (5 ILCS 140/10 rep.)
15     Section 10. The Freedom of Information Act is amended by
16 repealing Sections 7.1, 8, and 10.
 
17     Section 15. The Whistleblower Act is amended by changing
18 Section 20 as follows:
 
19     (740 ILCS 174/20)
20     Sec. 20. Retaliation for certain refusals prohibited. An
21 employer may not retaliate against an employee for refusing to
22 participate in an activity that would result in a violation of

 

 

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1 a State or federal law, rule, or regulation, including, but not
2 limited to, violations of the Freedom of Information Act.
3 (Source: P.A. 93-544, eff. 1-1-04.)
 
4     Section 95. No acceleration or delay. Where this Act makes
5 changes in a statute that is represented in this Act by text
6 that is not yet or no longer in effect (for example, a Section
7 represented by multiple versions), the use of that text does
8 not accelerate or delay the taking effect of (i) the changes
9 made by this Act or (ii) provisions derived from any other
10 Public Act.".