Illinois General Assembly - Full Text of SB1898
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Full Text of SB1898  102nd General Assembly

SB1898 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1898

 

Introduced 2/26/2021, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7  from Ch. 116, par. 207

    Amends the Freedom of Information Act. To the list of records exempt from disclosure, adds records requested by persons committed to a county jail, if those materials are available through an administrative request to the county jail medical department or medical services provider.


LRB102 10301 HEP 15628 b

 

 

A BILL FOR

 

SB1898LRB102 10301 HEP 15628 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
10disclosure under this Section, but also contains information
11that is not exempt from disclosure, the public body may elect
12to redact the information that is exempt. The public body
13shall make the remaining information available for inspection
14and copying. Subject to this requirement, the following shall
15be exempt from inspection and copying:
16        (a) Information specifically prohibited from
17    disclosure by federal or State law or rules and
18    regulations 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
2    more law enforcement agencies regarding the physical or
3    mental status of one or more individual subjects.
4        (c) Personal information contained within public
5    records, the disclosure of which would constitute a
6    clearly unwarranted invasion of personal privacy, unless
7    the disclosure is consented to in writing by the
8    individual subjects of the information. "Unwarranted
9    invasion of personal privacy" means the disclosure of
10    information that is highly personal or objectionable to a
11    reasonable person and in which the subject's right to
12    privacy outweighs any legitimate public interest in
13    obtaining the information. The disclosure of information
14    that bears on the public duties of public employees and
15    officials shall not be considered an invasion of personal
16    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
21    extent 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
20        or disclose internal documents of correctional
21        agencies related to detection, observation or
22        investigation of incidents of crime or misconduct, and
23        disclosure would result in demonstrable harm to the
24        agency or public body that is the recipient of the
25        request;
26            (vi) endanger the life or physical safety of law

 

 

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

 

 

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

 

 

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1    limited to, arrest and booking records, mug shots, and
2    crime scene photographs, except as these records may be
3    relevant to the requester's current or potential case or
4    claim.
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
12    records of officers and agencies of the General Assembly
13    that 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
26    fund, from a private equity fund or a privately held

 

 

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1    company within the investment portfolio of a private
2    equity fund as a result of either investing or evaluating
3    a potential investment of public funds in a private equity
4    fund. The exemption contained in this item does not apply
5    to the aggregate financial performance information of a
6    private equity fund, nor to the identity of the fund's
7    managers or general partners. The exemption contained in
8    this item does not apply to the identity of a privately
9    held company within the investment portfolio of a private
10    equity fund, unless the disclosure of the identity of a
11    privately held 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
25    by 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
3    news 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
12    under 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
15    would not be subject to discovery in litigation, and
16    materials 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) Records relating to a public body's adjudication
22    of employee grievances or disciplinary cases; however,
23    this exemption shall not extend to the final outcome of
24    cases in which discipline is imposed.
25        (o) Administrative or technical information associated
26    with automated data processing operations, including, but

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    of a governmental entity or a person.
2        (ll) (kk) Records concerning the work of the threat
3    assessment team of a school district.
4    (1.5) Any information exempt from disclosure under the
5Judicial Privacy Act shall be redacted from public records
6prior to disclosure under this Act.
7    (2) A public record that is not in the possession of a
8public body but is in the possession of a party with whom the
9agency has contracted to perform a governmental function on
10behalf of the public body, and that directly relates to the
11governmental function and is not otherwise exempt under this
12Act, shall be considered a public record of the public body,
13for purposes of this Act.
14    (3) This Section does not authorize withholding of
15information or limit the availability of records to the
16public, except as stated in this Section or otherwise provided
17in this Act.
18(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
19100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
201-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)