Sen. Susan Garrett

Filed: 2/24/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 39

2    AMENDMENT NO. ______. Amend Senate Bill 39 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.
4    (b) "Person" means any individual, corporation,
5partnership, firm, organization or association, acting
6individually or as a group.
7    (c) "Public records" means all records, reports, forms,
8writings, letters, memoranda, books, papers, maps,
9photographs, microfilms, cards, tapes, recordings, electronic
10data processing records, electronic communications, recorded
11information and all other documentary materials pertaining to
12the transaction of public business, regardless of physical form
13or characteristics, having been prepared by or for, or having
14been or being used by, received by, in the possession of, or
15under the control of any public body. Communications and
16materials exchanged between a lobbyist and a public body that
17concern either lobbying performed on behalf of the public body
18by the lobbyist or the expenditure of public moneys for goods
19or services provided on behalf of the public body by the
20lobbyist are public records and are not exempt from inspection
21and copying unless exempt under Section 7.
22    (c-5) "Private information" means unique identifiers,
23including a person's social security number, driver's license
24number, employee identification number, biometric identifiers,
25personal financial information, passwords or other access
26codes, medical records, home or personal telephone numbers, and

 

 

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

 

 

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1issued at regular intervals whether in print or electronic
2format, a news service whether in print or electronic format, a
3radio station, a television station, a television network, a
4community antenna television service, or a person or
5corporation engaged in making news reels or other motion
6picture news for public showing.
7(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
896-1000, eff. 7-2-10.)
 
9    (5 ILCS 140/7)  (from Ch. 116, par. 207)
10    Sec. 7. Exemptions.
11    (1) When a request is made to inspect or copy a public
12record that contains information that is exempt from disclosure
13under this Section, but also contains information that is not
14exempt from disclosure, the public body may elect to redact the
15information that is exempt. The public body shall make the
16remaining information available for inspection and copying.
17Subject to this requirement, the following shall be exempt from
18inspection and copying:
19        (a) Information specifically prohibited from
20    disclosure by federal or State law or rules and regulations
21    implementing federal or State law.
22        (b) Private information, unless disclosure is required
23    by another provision of this Act, a State or federal law or
24    a court order.
25        (b-5) Files, documents, and other data or databases

 

 

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

 

 

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

 

 

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1            (vii) obstruct an ongoing criminal investigation
2        by the agency that is the recipient of the request.
3        (e) Records that relate to or affect the security of
4    correctional institutions and detention facilities.
5        (f) Preliminary drafts, notes, recommendations,
6    memoranda and other records in which opinions are
7    expressed, or policies or actions are formulated, except
8    that a specific record or relevant portion of a record
9    shall not be exempt when the record is publicly cited and
10    identified by the head of the public body. The exemption
11    provided in this paragraph (f) extends to all those records
12    of officers and agencies of the General Assembly that
13    pertain to the preparation of legislative documents.
14        (g) Trade secrets and commercial or financial
15    information obtained from a person or business where the
16    trade secrets or commercial or financial information are
17    furnished under a claim that they are proprietary,
18    privileged or confidential, and that disclosure of the
19    trade secrets or commercial or financial information would
20    cause competitive harm to the person or business, and only
21    insofar as the claim directly applies to the records
22    requested.
23        The information included under this exemption includes
24    all trade secrets and commercial or financial information
25    obtained by a public body, including a public pension fund,
26    from a private equity fund or a privately held company

 

 

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

 

 

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

 

 

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1    projects constructed or developed with public funds,
2    including but not limited to power generating and
3    distribution stations and other transmission and
4    distribution facilities, water treatment facilities,
5    airport facilities, sport stadiums, convention centers,
6    and all government owned, operated, or occupied buildings,
7    but only to the extent that disclosure would compromise
8    security.
9        (l) Minutes of meetings of public bodies closed to the
10    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) 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. However,
21    communications and materials exchanged between a lobbyist
22    and a public body that concern either lobbying performed on
23    behalf of the public body by the lobbyist or the
24    expenditure of public moneys for goods or services provided
25    on behalf of the public body by the lobbyist are public
26    records and are not exempt from inspection and copying

 

 

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

 

 

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

 

 

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1        (v) Vulnerability assessments, security measures, and
2    response policies or plans that are designed to identify,
3    prevent, or respond to potential attacks upon a community's
4    population or systems, facilities, or installations, the
5    destruction or contamination of which would constitute a
6    clear and present danger to the health or safety of the
7    community, but only to the extent that disclosure could
8    reasonably be expected to jeopardize the effectiveness of
9    the measures or the safety of the personnel who implement
10    them or the public. Information exempt under this item may
11    include such things as details pertaining to the
12    mobilization or deployment of personnel or equipment, to
13    the operation of communication systems or protocols, or to
14    tactical operations.
15        (w) (Blank).
16        (x) Maps and other records regarding the location or
17    security of generation, transmission, distribution,
18    storage, gathering, treatment, or switching facilities
19    owned by a utility, by a power generator, or by the
20    Illinois Power Agency.
21        (y) Information contained in or related to proposals,
22    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        (z) Information about students exempted from
3    disclosure under Sections 10-20.38 or 34-18.29 of the
4    School Code, and information about undergraduate students
5    enrolled at an institution of higher education exempted
6    from disclosure under Section 25 of the Illinois Credit
7    Card Marketing Act of 2009.
8        (aa) Information the disclosure of which is exempted
9    under the Viatical Settlements Act of 2009.
10        (bb) Records and information provided to a mortality
11    review team and records maintained by a mortality review
12    team appointed under the Department of Juvenile Justice
13    Mortality Review Team Act.
14        (cc) (bb) Information regarding interments,
15    entombments, or inurnments of human remains that are
16    submitted to the Cemetery Oversight Database under the
17    Cemetery Care Act or the Cemetery Oversight Act, whichever
18    is applicable.
19    (2) A public record that is not in the possession of a
20public body but is in the possession of a party with whom the
21agency has contracted to perform a governmental function on
22behalf of the public body, and that directly relates to the
23governmental function and is not otherwise exempt under this
24Act, shall be considered a public record of the public body,
25for purposes of this Act.
26    (3) This Section does not authorize withholding of

 

 

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1information or limit the availability of records to the public,
2except as stated in this Section or otherwise provided in this
3Act.
4(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
595-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10;
696-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10;
796-736, eff. 7-1-10; 96-863, eff. 3-1-10; 96-1378, eff.
87-29-10; revised 9-2-10.)".