093_HB0539enr

 
HB0539 Enrolled                      LRB093 04303 JAM 04349 b

 1        AN ACT concerning freedom of information.

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

 4        Section  5.  The Freedom of Information Act is amended by
 5    changing Section 7 as follows:

 6        (5 ILCS 140/7) (from Ch. 116, par. 207)
 7        Sec. 7.  Exemptions.
 8        (1)  The following shall be exempt  from  inspection  and
 9    copying:
10             (a)  Information    specifically   prohibited   from
11        disclosure  by  federal  or  State  law  or   rules   and
12        regulations adopted under federal or State law.
13             (b)  Information    that,    if   disclosed,   would
14        constitute a clearly  unwarranted  invasion  of  personal
15        privacy, unless the disclosure is consented to in writing
16        by  the  individual  subjects  of  the  information.  The
17        disclosure of information that bears on the public duties
18        of public employees and officials shall not be considered
19        an invasion of personal  privacy.   Information  exempted
20        under  this  subsection  (b)  shall  include  but  is not
21        limited to:
22                  (i)  files and personal information  maintained
23             with   respect   to  clients,  patients,  residents,
24             students  or  other  individuals  receiving  social,
25             medical,   educational,    vocational,    financial,
26             supervisory  or  custodial care or services directly
27             or  indirectly  from  federal  agencies  or   public
28             bodies;
29                  (ii)  personnel  files and personal information
30             maintained with respect to employees, appointees  or
31             elected  officials  of any public body or applicants
 
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 1             for those positions;
 2                  (iii)  files    and    personal     information
 3             maintained with respect to any applicant, registrant
 4             or  licensee  by any public body cooperating with or
 5             engaged    in    professional    or     occupational
 6             registration, licensure or discipline;
 7                  (iv)  information  required  of any taxpayer in
 8             connection with the assessment or collection of  any
 9             tax unless disclosure is otherwise required by State
10             statute; and
11                  (v)  information   revealing  the  identity  of
12             persons  who  file  complaints   with   or   provide
13             information  to  administrative,  investigative, law
14             enforcement or penal  agencies;  provided,  however,
15             that   identification   of   witnesses   to  traffic
16             accidents,  traffic  accident  reports,  and  rescue
17             reports  may  be  provided  by  agencies  of   local
18             government,  except  in  a case for which a criminal
19             investigation is  ongoing,  without  constituting  a
20             clearly  unwarranted   per  se  invasion of personal
21             privacy under this subsection.
22             (c)  Records  compiled  by  any  public   body   for
23        administrative   enforcement   proceedings  and  any  law
24        enforcement or correctional agency  for  law  enforcement
25        purposes  or  for  internal matters of a public body, but
26        only to the extent that disclosure would:
27                  (i)  interfere with  pending  or  actually  and
28             reasonably  contemplated law enforcement proceedings
29             conducted by any  law  enforcement  or  correctional
30             agency;
31                  (ii)  interfere   with  pending  administrative
32             enforcement  proceedings  conducted  by  any  public
33             body;
34                  (iii)  deprive a person of a fair trial  or  an
 
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 1             impartial hearing;
 2                  (iv)  unavoidably  disclose  the  identity of a
 3             confidential  source  or  confidential   information
 4             furnished only by the confidential source;
 5                  (v)  disclose     unique     or     specialized
 6             investigative  techniques other than those generally
 7             used and known or  disclose  internal  documents  of
 8             correctional    agencies   related   to   detection,
 9             observation or investigation of incidents  of  crime
10             or misconduct;
11                  (vi)  constitute   an   invasion   of  personal
12             privacy under subsection (b) of this Section;
13                  (vii)  endanger the life or physical safety  of
14             law enforcement personnel or any other person; or
15                  (viii)  obstruct     an     ongoing    criminal
16             investigation.
17             (d)  Criminal history record information  maintained
18        by  State  or local criminal justice agencies, except the
19        following which shall be open for public  inspection  and
20        copying:
21                  (i)  chronologically      maintained     arrest
22             information, such  as  traditional  arrest  logs  or
23             blotters;
24                  (ii)  the  name of a person in the custody of a
25             law enforcement agency and  the  charges  for  which
26             that person is being held;
27                  (iii)  court records that are public;
28                  (iv)  records   that  are  otherwise  available
29             under State or local law; or
30                  (v)  records in which the requesting  party  is
31             the  individual identified, except as provided under
32             part (vii) of paragraph (c)  of  subsection  (1)  of
33             this Section.
34             "Criminal  history  record  information"  means data
 
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 1        identifiable  to  an   individual   and   consisting   of
 2        descriptions   or   notations   of  arrests,  detentions,
 3        indictments, informations, pre-trial proceedings, trials,
 4        or other formal events in the criminal justice system  or
 5        descriptions  or notations of criminal charges (including
 6        criminal violations of local  municipal  ordinances)  and
 7        the   nature   of   any  disposition  arising  therefrom,
 8        including sentencing, court or correctional  supervision,
 9        rehabilitation  and  release.  The term does not apply to
10        statistical records and reports in which individuals  are
11        not  identified  and  from which their identities are not
12        ascertainable, or to information  that  is  for  criminal
13        investigative or intelligence purposes.
14             (e)  Records  that  relate to or affect the security
15        of correctional institutions and detention facilities.
16             (f)  Preliminary  drafts,  notes,   recommendations,
17        memoranda   and  other  records  in  which  opinions  are
18        expressed, or policies or actions are formulated,  except
19        that  a  specific  record or relevant portion of a record
20        shall not be exempt when the record is publicly cited and
21        identified by the head of the public body. The  exemption
22        provided  in  this  paragraph  (f)  extends  to all those
23        records of officers and agencies of the General  Assembly
24        that pertain to the preparation of legislative documents.
25             (g)  Trade   secrets  and  commercial  or  financial
26        information obtained from a person or business where  the
27        trade  secrets or information are proprietary, privileged
28        or confidential, or where disclosure of the trade secrets
29        or information may cause competitive harm, including  all
30        information  determined  to be confidential under Section
31        4002 of the Technology Advancement and  Development  Act.
32        Nothing   contained   in  this  paragraph  (g)  shall  be
33        construed to prevent a person or business from consenting
34        to disclosure.
 
HB0539 Enrolled             -5-      LRB093 04303 JAM 04349 b
 1             (h)  Proposals and bids for any contract, grant,  or
 2        agreement,   including   information  which  if  it  were
 3        disclosed  would  frustrate  procurement   or   give   an
 4        advantage  to  any  person  proposing  to  enter  into  a
 5        contractor  agreement  with  the  body, until an award or
 6        final selection is made.  Information prepared by or  for
 7        the  body  in  preparation of a bid solicitation shall be
 8        exempt until an award or final selection is made.
 9             (i)  Valuable formulae, computer geographic systems,
10        designs, drawings and research data obtained or  produced
11        by  any  public  body when disclosure could reasonably be
12        expected to produce private  gain  or  public  loss.  The
13        exemption  for  "computer geographic systems" provided in
14        this paragraph (i) does not extend to  requests  made  by
15        news  media  as defined in Section 2 of this Act when the
16        requested information is not  otherwise  exempt  and  the
17        only  purpose of the request is to access and disseminate
18        information regarding the  health,  safety,  welfare,  or
19        legal rights of the general public.
20             (j)  Test   questions,   scoring   keys   and  other
21        examination  data  used   to   administer   an   academic
22        examination   or  determined  the  qualifications  of  an
23        applicant for a license or employment.
24             (k)  Architects'  plans  and  engineers'   technical
25        submissions  for projects not constructed or developed in
26        whole or in part  with  public  funds  and  for  projects
27        constructed or developed with public funds, to the extent
28        that disclosure would compromise 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.
 
HB0539 Enrolled             -6-      LRB093 04303 JAM 04349 b
 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
 
HB0539 Enrolled             -8-      LRB093 04303 JAM 04349 b
 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.
 
HB0539 Enrolled             -9-      LRB093 04303 JAM 04349 b
 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        (2)  This  Section  does  not  authorize  withholding  of
22    information or limit  the  availability  of  records  to  the
23    public,  except  as  stated  in  this  Section  or  otherwise
24    provided in this Act.
25    (Source:  P.A.  91-137,  eff.  7-16-99; 91-357, eff. 7-29-99;
26    91-660, eff. 12-22-99;  92-16,  eff.  6-28-01;  92-241,  eff.
27    8-3-01;  92-281,  eff.  8-7-01; 92-645, eff. 7-11-02; 92-651,
28    eff. 7-11-02.)

29        Section 99.  Effective date.  This Act takes effect  July
30    1, 2003.