093_HB0305eng

 
HB0305 Engrossed                     LRB093 03731 JAM 03761 b

 1        AN ACT concerning security information.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Open Meetings Act is amended by  changing
 5    Section 2 as follows:

 6        (5 ILCS 120/2) (from Ch. 102, par. 42)
 7        Sec. 2.  Open meetings.
 8        (a)  Openness  required.   All  meetings of public bodies
 9    shall be open to the public unless excepted in subsection (c)
10    and closed in accordance with Section 2a.
11        (b)  Construction   of   exceptions.    The    exceptions
12    contained   in  subsection  (c)  are  in  derogation  of  the
13    requirement  that  public  bodies  meet  in  the  open,   and
14    therefore,  the  exceptions  are  to  be  strictly construed,
15    extending only to subjects clearly within their scope.    The
16    exceptions  authorize  but  do  not  require the holding of a
17    closed meeting  to  discuss  a  subject  included  within  an
18    enumerated exception.
19        (c)  Exceptions.   A public body may hold closed meetings
20    to consider the following subjects:
21             (1)  The  appointment,   employment,   compensation,
22        discipline,   performance,   or   dismissal  of  specific
23        employees of the public body, including hearing testimony
24        on a complaint lodged against an  employee  to  determine
25        its validity.
26             (2)  Collective   negotiating  matters  between  the
27        public body and its employees or  their  representatives,
28        or  deliberations  concerning salary schedules for one or
29        more classes of employees.
30             (3)  The selection of a  person  to  fill  a  public
31        office,  as defined in this Act, including a vacancy in a

 
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 1        public office, when the public body  is  given  power  to
 2        appoint  under  law  or  ordinance,  or  the  discipline,
 3        performance  or  removal  of  the  occupant  of  a public
 4        office, when the public body is given power to remove the
 5        occupant under law or ordinance.
 6             (4)  Evidence  or  testimony   presented   in   open
 7        hearing,   or   in   closed  hearing  where  specifically
 8        authorized by  law,  to  a  quasi-adjudicative  body,  as
 9        defined  in this Act, provided that the body prepares and
10        makes available for public inspection a written  decision
11        setting forth its determinative reasoning.
12             (5)  The  purchase or lease of real property for the
13        use of the public body, including meetings held  for  the
14        purpose  of discussing whether a particular parcel should
15        be acquired.
16             (6)  The setting of a price for  sale  or  lease  of
17        property owned by the public body.
18             (7)  The    sale    or   purchase   of   securities,
19        investments, or investment contracts.
20             (8)  Security procedures and the  use  of  personnel
21        and equipment to respond to an actual, a threatened, or a
22        reasonably  potential  danger to the safety of employees,
23        students, staff, the public,  or public property.
24             (9)  Student disciplinary cases.
25             (10)  The  placement  of  individual   students   in
26        special  education programs and other matters relating to
27        individual students.
28             (11)  Litigation, when an action against,  affecting
29        or on behalf of the particular public body has been filed
30        and is pending before a court or administrative tribunal,
31        or  when the public body finds that an action is probable
32        or imminent, in which case  the  basis  for  the  finding
33        shall  be  recorded  and  entered into the minutes of the
34        closed meeting.
 
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 1             (12)  The establishment of reserves or settlement of
 2        claims  as  provided  in  the  Local   Governmental   and
 3        Governmental  Employees  Tort  Immunity Act, if otherwise
 4        the disposition of a claim or potential  claim  might  be
 5        prejudiced,  or  the review or discussion of claims, loss
 6        or risk management information, records, data, advice  or
 7        communications from or with respect to any insurer of the
 8        public  body  or  any  intergovernmental  risk management
 9        association or self insurance pool of  which  the  public
10        body is a member.
11             (13)  Conciliation  of  complaints of discrimination
12        in the sale or rental of housing,  when  closed  meetings
13        are  authorized  by the law or ordinance prescribing fair
14        housing  practices   and   creating   a   commission   or
15        administrative agency for their enforcement.
16             (14)  Informant sources, the hiring or assignment of
17        undercover  personnel  or equipment, or ongoing, prior or
18        future  criminal  investigations,  when  discussed  by  a
19        public body with criminal investigatory responsibilities.
20             (15)  Professional  ethics   or   performance   when
21        considered  by  an  advisory  body  appointed to advise a
22        licensing or regulatory agency on matters germane to  the
23        advisory body's field of competence.
24             (16)  Self  evaluation,  practices and procedures or
25        professional ethics, when meeting with  a  representative
26        of  a statewide association of which the public body is a
27        member.
28             (17)  The recruitment, credentialing, discipline  or
29        formal  peer  review  of  physicians or other health care
30        professionals  for  a  hospital,  or  other   institution
31        providing  medical  care,  that is operated by the public
32        body.
33             (18)  Deliberations for decisions  of  the  Prisoner
34        Review Board.
 
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 1             (19)  Review  or discussion of applications received
 2        under the Experimental Organ  Transplantation  Procedures
 3        Act.
 4             (20)  The  classification  and discussion of matters
 5        classified as confidential or continued  confidential  by
 6        the State Employees Suggestion Award Board.
 7             (21)  Discussion  of  minutes  of  meetings lawfully
 8        closed under this Act, whether for purposes  of  approval
 9        by  the  body of the minutes or semi-annual review of the
10        minutes as mandated by Section 2.06.
11             (22)  Deliberations  for  decisions  of  the   State
12        Emergency Medical Services Disciplinary Review Board.
13             (23)  The operation by a municipality of a municipal
14        utility  or  the operation of a municipal power agency or
15        municipal natural gas agency when the discussion involves
16        (i) contracts relating to the purchase, sale, or delivery
17        of electricity or natural gas  or  (ii)  the  results  or
18        conclusions of load forecast studies.

19        (d)  Definitions.  For purposes of this Section:
20        "Employee" means a person employed by a public body whose
21    relationship    with   the   public   body   constitutes   an
22    employer-employee relationship under  the  usual  common  law
23    rules, and who is not an independent contractor.
24        "Public  office" means a position created by or under the
25    Constitution or laws of this State, the occupant of which  is
26    charged  with  the  exercise of some portion of the sovereign
27    power of this State. The term "public office"  shall  include
28    members  of  the  public  body,  but  it  shall  not  include
29    organizational  positions  filled by members thereof, whether
30    established by law or by a public body itself, that exist  to
31    assist the body in the conduct of its business.
32        "Quasi-adjudicative  body"  means  an administrative body
33    charged by  law  or  ordinance  with  the  responsibility  to
34    conduct  hearings,  receive  evidence  or  testimony and make
 
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 1    determinations based thereon,  but  does  not  include  local
 2    electoral  boards  when  such bodies are considering petition
 3    challenges.
 4        (e)  Final action.  No final action may  be  taken  at  a
 5    closed  meeting.  Final  action shall be preceded by a public
 6    recital of the nature of  the  matter  being  considered  and
 7    other information that will inform the public of the business
 8    being conducted.
 9    (Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.)

10        Section 10.  The Freedom of Information Act is amended by
11    changing Section 7 as follows:

12        (5 ILCS 140/7) (from Ch. 116, par. 207)
13        Sec. 7.  Exemptions.
14        (1)  The  following  shall  be exempt from inspection and
15    copying:
16             (a)  Information   specifically   prohibited    from
17        disclosure   by   federal  or  State  law  or  rules  and
18        regulations adopted under federal or State law.
19             (b)  Information   that,   if    disclosed,    would
20        constitute  a  clearly  unwarranted  invasion of personal
21        privacy, unless the disclosure is consented to in writing
22        by the  individual  subjects  of  the  information.   The
23        disclosure of information that bears on the public duties
24        of public employees and officials shall not be considered
25        an  invasion  of  personal privacy.  Information exempted
26        under this  subsection  (b)  shall  include  but  is  not
27        limited to:
28                  (i)  files  and personal information maintained
29             with  respect  to  clients,   patients,   residents,
30             students  or  other  individuals  receiving  social,
31             medical,    educational,    vocational,   financial,
32             supervisory or custodial care or  services  directly
 
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 1             or   indirectly  from  federal  agencies  or  public
 2             bodies;
 3                  (ii)  personnel files and personal  information
 4             maintained  with respect to employees, appointees or
 5             elected officials of any public body  or  applicants
 6             for those positions;
 7                  (iii)  files     and    personal    information
 8             maintained with respect to any applicant, registrant
 9             or licensee by any public body cooperating  with  or
10             engaged     in    professional    or    occupational
11             registration, licensure or discipline;
12                  (iv)  information required of any  taxpayer  in
13             connection  with the assessment or collection of any
14             tax unless disclosure is otherwise required by State
15             statute; and
16                  (v)  information  revealing  the  identity   of
17             persons   who   file   complaints  with  or  provide
18             information to  administrative,  investigative,  law
19             enforcement  or  penal  agencies; provided, however,
20             that  identification   of   witnesses   to   traffic
21             accidents,  traffic  accident  reports,  and  rescue
22             reports   may  be  provided  by  agencies  of  local
23             government, except in a case for  which  a  criminal
24             investigation  is  ongoing,  without  constituting a
25             clearly unwarranted  per  se  invasion  of  personal
26             privacy under this subsection.
27             (c)  Records   compiled   by  any  public  body  for
28        administrative  enforcement  proceedings  and   any   law
29        enforcement  or  correctional  agency for law enforcement
30        purposes or for internal matters of a  public  body,  but
31        only to the extent that disclosure would:
32                  (i)  interfere  with  pending  or  actually and
33             reasonably contemplated law enforcement  proceedings
34             conducted  by  any  law  enforcement or correctional
 
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 1             agency;
 2                  (ii)  interfere  with  pending   administrative
 3             enforcement  proceedings  conducted  by  any  public
 4             body;
 5                  (iii)  deprive  a  person of a fair trial or an
 6             impartial hearing;
 7                  (iv)  unavoidably disclose the  identity  of  a
 8             confidential   source  or  confidential  information
 9             furnished only by the confidential source;
10                  (v)  disclose     unique     or     specialized
11             investigative techniques other than those  generally
12             used  and  known  or  disclose internal documents of
13             correctional   agencies   related   to    detection,
14             observation  or  investigation of incidents of crime
15             or misconduct;
16                  (vi)  constitute  an   invasion   of   personal
17             privacy under subsection (b) of this Section;
18                  (vii)  endanger  the life or physical safety of
19             law enforcement personnel or any other person; or
20                  (viii)  obstruct    an     ongoing     criminal
21             investigation.
22             (d)  Criminal  history record information maintained
23        by State or local criminal justice agencies,  except  the
24        following  which  shall be open for public inspection and
25        copying:
26                  (i)  chronologically     maintained      arrest
27             information,  such  as  traditional  arrest  logs or
28             blotters;
29                  (ii)  the name of a person in the custody of  a
30             law  enforcement  agency  and  the charges for which
31             that person is being held;
32                  (iii)  court records that are public;
33                  (iv)  records  that  are  otherwise   available
34             under State or local law; or
 
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 1                  (v)  records  in  which the requesting party is
 2             the individual identified, except as provided  under
 3             part  (vii)  of  paragraph  (c) of subsection (1) of
 4             this Section.
 5             "Criminal history  record  information"  means  data
 6        identifiable   to   an   individual   and  consisting  of
 7        descriptions  or  notations   of   arrests,   detentions,
 8        indictments, informations, pre-trial proceedings, trials,
 9        or  other formal events in the criminal justice system or
10        descriptions or notations of criminal charges  (including
11        criminal  violations  of  local municipal ordinances) and
12        the  nature  of  any   disposition   arising   therefrom,
13        including  sentencing, court or correctional supervision,
14        rehabilitation and release.  The term does not  apply  to
15        statistical  records and reports in which individuals are
16        not identified and from which their  identities  are  not
17        ascertainable,  or  to  information  that is for criminal
18        investigative or intelligence purposes.
19             (e)  Records that relate to or affect  the  security
20        of correctional institutions and detention facilities.
21             (f)  Preliminary   drafts,  notes,  recommendations,
22        memoranda  and  other  records  in  which  opinions   are
23        expressed,  or policies or actions are formulated, except
24        that a specific record or relevant portion  of  a  record
25        shall not be exempt when the record is publicly cited and
26        identified  by the head of the public body. The exemption
27        provided in this  paragraph  (f)  extends  to  all  those
28        records  of officers and agencies of the General Assembly
29        that pertain to the preparation of legislative documents.
30             (g)  Trade  secrets  and  commercial  or   financial
31        information  obtained from a person or business where the
32        trade secrets or information are proprietary,  privileged
33        or confidential, or where disclosure of the trade secrets
34        or  information may cause competitive harm, including all
 
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 1        information determined to be confidential  under  Section
 2        4002  of  the Technology Advancement and Development Act.
 3        Nothing  contained  in  this  paragraph  (g)   shall   be
 4        construed to prevent a person or business from consenting
 5        to disclosure.
 6             (h)  Proposals  and bids for any contract, grant, or
 7        agreement,  including  information  which  if   it   were
 8        disclosed   would   frustrate   procurement  or  give  an
 9        advantage  to  any  person  proposing  to  enter  into  a
10        contractor agreement with the body,  until  an  award  or
11        final  selection is made.  Information prepared by or for
12        the body in preparation of a bid  solicitation  shall  be
13        exempt until an award or final selection is made.
14             (i)  Valuable formulae, computer geographic systems,
15        designs,  drawings and research data obtained or produced
16        by any public body when disclosure  could  reasonably  be
17        expected to produce private gain or public loss.
18             (j)  Test   questions,   scoring   keys   and  other
19        examination  data  used   to   administer   an   academic
20        examination   or  determined  the  qualifications  of  an
21        applicant for a license or employment.
22             (k)  Architects'  plans,  and  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, but
27        only to  the  extent  that  disclosure  would  compromise
28        security.
29             (l)  Library    circulation    and   order   records
30        identifying library users with specific materials.
31             (m)  Minutes of meetings of public bodies closed  to
32        the public as provided in the Open Meetings Act until the
33        public  body  makes  the  minutes available to the public
34        under Section 2.06 of the Open Meetings Act.
 
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 1             (n)  Communications between a  public  body  and  an
 2        attorney  or  auditor  representing  the public body that
 3        would not be subject  to  discovery  in  litigation,  and
 4        materials prepared or compiled by or for a public body in
 5        anticipation  of  a  criminal,  civil  or  administrative
 6        proceeding  upon  the request of an attorney advising the
 7        public body, and  materials  prepared  or  compiled  with
 8        respect to internal audits of public bodies.
 9             (o)  Information  received by a primary or secondary
10        school, college or university under  its  procedures  for
11        the  evaluation  of  faculty  members  by  their academic
12        peers.
13             (p)  Administrative   or    technical    information
14        associated  with  automated  data  processing operations,
15        including  but  not  limited   to   software,   operating
16        protocols,  computer  program  abstracts,  file  layouts,
17        source  listings,  object  modules,  load  modules,  user
18        guides,  documentation  pertaining  to  all  logical  and
19        physical   design   of   computerized  systems,  employee
20        manuals, and any other information  that,  if  disclosed,
21        would  jeopardize  the security of the system or its data
22        or the security of materials exempt under this Section.
23             (q)  Documents or materials relating  to  collective
24        negotiating  matters  between  public  bodies  and  their
25        employees  or  representatives,  except  that  any  final
26        contract  or agreement shall be subject to inspection and
27        copying.
28             (r)  Drafts, notes,  recommendations  and  memoranda
29        pertaining to the financing and marketing transactions of
30        the  public body. The records of ownership, registration,
31        transfer, and exchange of municipal debt obligations, and
32        of  persons  to  whom  payment  with  respect  to   these
33        obligations is made.
34             (s)  The records, documents and information relating
 
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 1        to   real   estate   purchase  negotiations  until  those
 2        negotiations have been completed or otherwise terminated.
 3        With regard to a parcel involved in a pending or actually
 4        and reasonably  contemplated  eminent  domain  proceeding
 5        under  Article  VII  of  the  Code  of  Civil  Procedure,
 6        records,  documents  and  information  relating  to  that
 7        parcel  shall  be  exempt  except as may be allowed under
 8        discovery rules adopted by the  Illinois  Supreme  Court.
 9        The records, documents and information relating to a real
10        estate sale shall be exempt until a sale is consummated.
11             (t)  Any and all proprietary information and records
12        related  to  the  operation  of an intergovernmental risk
13        management association or self-insurance pool or  jointly
14        self-administered  health  and  accident  cooperative  or
15        pool.
16             (u)  Information     concerning    a    university's
17        adjudication  of  student  or   employee   grievance   or
18        disciplinary  cases,  to the extent that disclosure would
19        reveal the  identity  of  the  student  or  employee  and
20        information  concerning any public body's adjudication of
21        student or employee  grievances  or  disciplinary  cases,
22        except for the final outcome of the cases.
23             (v)  Course  materials or research materials used by
24        faculty members.
25             (w)  Information  related  solely  to  the  internal
26        personnel rules and practices of a public body.
27             (x)  Information  contained   in   or   related   to
28        examination, operating, or condition reports prepared by,
29        on behalf of, or for the use of a public body responsible
30        for   the   regulation   or   supervision   of  financial
31        institutions or insurance companies, unless disclosure is
32        otherwise required by State law.
33             (y)  Information  the   disclosure   of   which   is
34        restricted  under  Section  5-108 of the Public Utilities
 
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 1        Act.
 2             (z)  Manuals or instruction to staff that relate  to
 3        establishment  or  collection  of liability for any State
 4        tax or that relate to investigations by a public body  to
 5        determine violation of any criminal law.
 6             (aa)  Applications,  related  documents, and medical
 7        records    received    by    the    Experimental    Organ
 8        Transplantation  Procedures  Board  and   any   and   all
 9        documents  or  other records prepared by the Experimental
10        Organ  Transplantation  Procedures  Board  or  its  staff
11        relating to applications it has received.
12             (bb)  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             (cc)  Information and records held by the Department
17        of  Public  Health  and  its  authorized  representatives
18        relating   to   known  or  suspected  cases  of  sexually
19        transmissible disease or any information  the  disclosure
20        of  which  is  restricted  under  the  Illinois  Sexually
21        Transmissible Disease Control Act.
22             (dd)  Information   the   disclosure   of  which  is
23        exempted under Section 30 of the Radon Industry Licensing
24        Act.
25             (ee)  Firm performance evaluations under Section  55
26        of  the  Architectural,  Engineering,  and Land Surveying
27        Qualifications Based Selection Act.
28             (ff)  Security portions  of  system  safety  program
29        plans,  investigation reports, surveys, schedules, lists,
30        data, or information compiled, collected, or prepared  by
31        or   for  the  Regional  Transportation  Authority  under
32        Section 2.11 of the Regional Transportation Authority Act
33        or the  St.  Clair  County  Transit  District  under  the
34        Bi-State Transit Safety Act.
 
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 1             (gg)  Information   the   disclosure   of  which  is
 2        restricted and exempted under Section 50 of the  Illinois
 3        Prepaid Tuition Act.
 4             (hh)  Information   the   disclosure   of  which  is
 5        exempted under Section 80 of the State Gift Ban Act.
 6             (ii)  Beginning July 1, 1999, information that would
 7        disclose or might lead to the  disclosure  of  secret  or
 8        confidential information, codes, algorithms, programs, or
 9        private  keys intended to be used to create electronic or
10        digital signatures under the Electronic Commerce Security
11        Act.
12             (jj)  Information contained  in  a  local  emergency
13        energy  plan  submitted  to  a municipality in accordance
14        with a local emergency  energy  plan  ordinance  that  is
15        adopted under Section 11-21.5-5 of the Illinois Municipal
16        Code.
17             (kk)  Information    and    data    concerning   the
18        distribution of surcharge moneys collected  and  remitted
19        by   wireless   carriers  under  the  Wireless  Emergency
20        Telephone Safety Act.
21             (ll)  Vulnerability assessments, security  measures,
22        and  response  policies  or  plans  that  are designed to
23        identify, 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
27        or safety of the community, but only to the  extent  that
28        disclosure could reasonably be expected to jeopardize the
29        effectiveness  of  the  measures  or  the  safety  of the
30        personnel who implement them or the public.   Information
31        exempt under this item may include such things as details
32        pertaining to the mobilization or deployment of personnel
33        or  equipment,  to the operation of communication systems
34        or protocols, or to tactical operations.
 
HB0305 Engrossed            -14-     LRB093 03731 JAM 03761 b
 1             (mm)  Maps and other records regarding the  location
 2        or  security  of  a  utility's  generation, transmission,
 3        distribution, storage, gathering, treatment, or switching
 4        facilities.
 5        (2)  This  Section  does  not  authorize  withholding  of
 6    information or limit  the  availability  of  records  to  the
 7    public,  except  as  stated  in  this  Section  or  otherwise
 8    provided in this Act.
 9    (Source:  P.A.  91-137,  eff.  7-16-99; 91-357, eff. 7-29-99;
10    91-660, eff. 12-22-99;  92-16,  eff.  6-28-01;  92-241,  eff.
11    8-3-01;  92-281,  eff.  8-7-01; 92-645, eff. 7-11-02; 92-651,
12    eff. 7-11-02.)