Illinois General Assembly - Full Text of HB5436
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Full Text of HB5436  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Grant Wehrli - Deanne M. Mazzochi - Amy Grant, Lindsay Parkhurst and Tom Weber


5 ILCS 140/7  from Ch. 116, par. 207

    Amends the Freedom of Information Act. Provides that the exemption from disclosure for proprietary, privileged, or confidential financial data does not apply to fees charged by debt underwriters or fees charged by debt financiers.

LRB101 18963 HEP 68422 b





HB5436LRB101 18963 HEP 68422 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from disclosure
10under this Section, but also contains information that is not
11exempt from disclosure, the public body may elect to redact the
12information that is exempt. The public body shall make the
13remaining information available for inspection and copying.
14Subject to this requirement, the following shall be exempt from
15inspection and copying:
16        (a) Information specifically prohibited from
17    disclosure by federal or State law or rules and regulations
18    implementing federal or State law.
19        (b) Private information, unless disclosure is required
20    by another provision of this Act, a State or federal law or
21    a court order.
22        (b-5) Files, documents, and other data or databases
23    maintained by one or more law enforcement agencies and



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



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



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1        by the agency that is the recipient of the request.
2        (d-5) A law enforcement record created for law
3    enforcement purposes and contained in a shared electronic
4    record management system if the law enforcement agency that
5    is the recipient of the request did not create the record,
6    did not participate in or have a role in any of the events
7    which are the subject of the record, and only has access to
8    the record through the shared electronic record management
9    system.
10        (e) Records that relate to or affect the security of
11    correctional institutions and detention facilities.
12        (e-5) Records requested by persons committed to the
13    Department of Corrections, Department of Human Services
14    Division of Mental Health, or a county jail if those
15    materials are available in the library of the correctional
16    institution or facility or jail where the inmate is
17    confined.
18        (e-6) Records requested by persons committed to the
19    Department of Corrections, Department of Human Services
20    Division of Mental Health, or a county jail if those
21    materials include records from staff members' personnel
22    files, staff rosters, or other staffing assignment
23    information.
24        (e-7) Records requested by persons committed to the
25    Department of Corrections or Department of Human Services
26    Division of Mental Health if those materials are available



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



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



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1    aggregate financial performance information of a private
2    equity fund, nor to the identity of the fund's managers or
3    general partners. The exemption contained in this item does
4    not apply to the identity of a privately held company
5    within the investment portfolio of a private equity fund,
6    unless the disclosure of the identity of a privately held
7    company may cause competitive harm. The exemption
8    contained in this item does not apply to fees charged by
9    debt underwriters or fees charged by debt financiers.
10        Nothing contained in this paragraph (g) shall be
11    construed to prevent a person or business from consenting
12    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 questions, scoring keys and other
9        examination data used to administer an academic
10        examination;
11            (ii) information received by a primary or
12        secondary school, college, or university under its
13        procedures for the evaluation of faculty members by
14        their academic peers;
15            (iii) information concerning a school or
16        university's adjudication of student disciplinary
17        cases, but only to the extent that disclosure would
18        unavoidably reveal the identity of the student; and
19            (iv) course materials or research materials used
20        by faculty members.
21        (k) Architects' plans, engineers' technical
22    submissions, and other construction related technical
23    documents for projects not constructed or developed in
24    whole or in part with public funds and the same for
25    projects constructed or developed with public funds,
26    including, but not limited to, power generating and



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



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



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1    management association or self-insurance pool or jointly
2    self-administered health and accident cooperative or pool.
3    Insurance or self insurance (including any
4    intergovernmental risk management association or self
5    insurance pool) claims, loss or risk management
6    information, records, data, advice or communications.
7        (t) Information contained in or related to
8    examination, operating, or condition reports prepared by,
9    on behalf of, or for the use of a public body responsible
10    for the regulation or supervision of financial
11    institutions, insurance companies, or pharmacy benefit
12    managers, unless disclosure is otherwise required by State
13    law.
14        (u) Information that would disclose or might lead to
15    the disclosure of secret or confidential information,
16    codes, algorithms, programs, or private keys intended to be
17    used to create electronic or digital signatures under the
18    Electronic Commerce Security Act.
19        (v) Vulnerability assessments, security measures, and
20    response policies or plans that are designed to identify,
21    prevent, or respond to potential attacks upon a community's
22    population or systems, facilities, or installations, the
23    destruction or contamination of which would constitute a
24    clear and present danger to the health or safety of the
25    community, but only to the extent that disclosure could
26    reasonably be expected to jeopardize the effectiveness of



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1    the measures or the safety of the personnel who implement
2    them or the public. Information exempt under this item may
3    include such things as details pertaining to the
4    mobilization or deployment of personnel or equipment, to
5    the operation of communication systems or protocols, or to
6    tactical operations.
7        (w) (Blank).
8        (x) Maps and other records regarding the location or
9    security of generation, transmission, distribution,
10    storage, gathering, treatment, or switching facilities
11    owned by a utility, by a power generator, or by the
12    Illinois Power Agency.
13        (y) Information contained in or related to proposals,
14    bids, or negotiations related to electric power
15    procurement under Section 1-75 of the Illinois Power Agency
16    Act and Section 16-111.5 of the Public Utilities Act that
17    is determined to be confidential and proprietary by the
18    Illinois Power Agency or by the Illinois Commerce
19    Commission.
20        (z) Information about students exempted from
21    disclosure under Sections 10-20.38 or 34-18.29 of the
22    School Code, and information about undergraduate students
23    enrolled at an institution of higher education exempted
24    from disclosure under Section 25 of the Illinois Credit
25    Card Marketing Act of 2009.
26        (aa) Information the disclosure of which is exempted



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1    under the Viatical Settlements Act of 2009.
2        (bb) Records and information provided to a mortality
3    review team and records maintained by a mortality review
4    team appointed under the Department of Juvenile Justice
5    Mortality Review Team Act.
6        (cc) Information regarding interments, entombments, or
7    inurnments of human remains that are submitted to the
8    Cemetery Oversight Database under the Cemetery Care Act or
9    the Cemetery Oversight Act, whichever is applicable.
10        (dd) Correspondence and records (i) that may not be
11    disclosed under Section 11-9 of the Illinois Public Aid
12    Code or (ii) that pertain to appeals under Section 11-8 of
13    the Illinois Public Aid Code.
14        (ee) The names, addresses, or other personal
15    information of persons who are minors and are also
16    participants and registrants in programs of park
17    districts, forest preserve districts, conservation
18    districts, recreation agencies, and special recreation
19    associations.
20        (ff) The names, addresses, or other personal
21    information of participants and registrants in programs of
22    park districts, forest preserve districts, conservation
23    districts, recreation agencies, and special recreation
24    associations where such programs are targeted primarily to
25    minors.
26        (gg) Confidential information described in Section



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1    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
2        (hh) The report submitted to the State Board of
3    Education by the School Security and Standards Task Force
4    under item (8) of subsection (d) of Section 2-3.160 of the
5    School Code and any information contained in that report.
6        (ii) Records requested by persons committed to or
7    detained by the Department of Human Services under the
8    Sexually Violent Persons Commitment Act or committed to the
9    Department of Corrections under the Sexually Dangerous
10    Persons Act if those materials: (i) are available in the
11    library of the facility where the individual is confined;
12    (ii) include records from staff members' personnel files,
13    staff rosters, or other staffing assignment information;
14    or (iii) are available through an administrative request to
15    the Department of Human Services or the Department of
16    Corrections.
17        (jj) Confidential information described in Section
18    5-535 of the Civil Administrative Code of Illinois.
19        (kk) The public body's credit card numbers, debit card
20    numbers, bank account numbers, Federal Employer
21    Identification Number, security code numbers, passwords,
22    and similar account information, the disclosure of which
23    could result in identity theft or impression or defrauding
24    of a governmental entity or a person.
25        (ll) (kk) Records concerning the work of the threat
26    assessment team of a school district.



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1    (1.5) Any information exempt from disclosure under the
2Judicial Privacy Act shall be redacted from public records
3prior to disclosure under this Act.
4    (2) A public record that is not in the possession of a
5public body but is in the possession of a party with whom the
6agency has contracted to perform a governmental function on
7behalf of the public body, and that directly relates to the
8governmental function and is not otherwise exempt under this
9Act, shall be considered a public record of the public body,
10for purposes of this Act.
11    (3) This Section does not authorize withholding of
12information or limit the availability of records to the public,
13except as stated in this Section or otherwise provided in this
15(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
16100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
171-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)