Illinois General Assembly - Full Text of HB0047
Illinois General Assembly

Previous General Assemblies

Full Text of HB0047  96th General Assembly

HB0047enr 96TH GENERAL ASSEMBLY



 


 
HB0047 Enrolled LRB096 03016 JAM 13030 b

1     AN ACT concerning government.
 
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     (Text of Section before amendment by P.A. 95-988)
8     Sec. 7. Exemptions.
9     (1) The following shall be exempt from inspection and
10 copying:
11         (a) Information specifically prohibited from
12     disclosure by federal or State law or rules and regulations
13     adopted under federal or State law.
14         (b) Information that, if disclosed, would constitute a
15     clearly unwarranted invasion of personal privacy, unless
16     the disclosure is consented to in writing by the individual
17     subjects of the information. The disclosure of information
18     that bears on the public duties of public employees and
19     officials shall not be considered an invasion of personal
20     privacy. Information exempted under this subsection (b)
21     shall include but is not limited to:
22             (i) files and personal information maintained with
23         respect to clients, patients, residents, students or

 

 

HB0047 Enrolled - 2 - LRB096 03016 JAM 13030 b

1         other individuals receiving social, medical,
2         educational, vocational, financial, supervisory or
3         custodial care or services directly or indirectly from
4         federal agencies or public bodies;
5             (ii) personnel files and personal information
6         maintained with respect to employees, appointees or
7         elected officials of any public body or applicants for
8         those positions;
9             (iii) files and personal information maintained
10         with respect to any applicant, registrant or licensee
11         by any public body cooperating with or engaged in
12         professional or occupational registration, licensure
13         or discipline;
14             (iv) information required of any taxpayer in
15         connection with the assessment or collection of any tax
16         unless disclosure is otherwise required by State
17         statute;
18             (v) information revealing the identity of persons
19         who file complaints with or provide information to
20         administrative, investigative, law enforcement or
21         penal agencies; provided, however, that identification
22         of witnesses to traffic accidents, traffic accident
23         reports, and rescue reports may be provided by agencies
24         of local government, except in a case for which a
25         criminal investigation is ongoing, without
26         constituting a clearly unwarranted per se invasion of

 

 

HB0047 Enrolled - 3 - LRB096 03016 JAM 13030 b

1         personal privacy under this subsection; and
2             (vi) the names, addresses, or other personal
3         information of participants and registrants in park
4         district, forest preserve district, and conservation
5         district programs.
6         (b-5) Files, documents, and other data or databases
7     maintained by one or more law enforcement agencies and
8     specifically designed to provide information to one or more
9     law enforcement agencies regarding the physical or mental
10     status of one or more individual subjects.
11         (c) Records compiled by any public body for
12     administrative enforcement proceedings and any law
13     enforcement or correctional agency for law enforcement
14     purposes or for internal matters of a public body, but only
15     to the extent that disclosure would:
16             (i) interfere with pending or actually and
17         reasonably contemplated law enforcement proceedings
18         conducted by any law enforcement or correctional
19         agency;
20             (ii) interfere with pending administrative
21         enforcement proceedings conducted by any public body;
22             (iii) deprive a person of a fair trial or an
23         impartial hearing;
24             (iv) unavoidably disclose the identity of a
25         confidential source or confidential information
26         furnished only by the confidential source;

 

 

HB0047 Enrolled - 4 - LRB096 03016 JAM 13030 b

1             (v) disclose unique or specialized investigative
2         techniques other than those generally used and known or
3         disclose internal documents of correctional agencies
4         related to detection, observation or investigation of
5         incidents of crime or misconduct;
6             (vi) constitute an invasion of personal privacy
7         under subsection (b) of this Section;
8             (vii) endanger the life or physical safety of law
9         enforcement personnel or any other person; or
10             (viii) obstruct an ongoing criminal investigation.
11         (d) Criminal history record information maintained by
12     State or local criminal justice agencies, except the
13     following which shall be open for public inspection and
14     copying:
15             (i) chronologically maintained arrest information,
16         such as traditional arrest logs or blotters;
17             (ii) the name of a person in the custody of a law
18         enforcement agency and the charges for which that
19         person is being held;
20             (iii) court records that are public;
21             (iv) records that are otherwise available under
22         State or local law; or
23             (v) records in which the requesting party is the
24         individual identified, except as provided under part
25         (vii) of paragraph (c) of subsection (1) of this
26         Section.

 

 

HB0047 Enrolled - 5 - LRB096 03016 JAM 13030 b

1         "Criminal history record information" means data
2     identifiable to an individual and consisting of
3     descriptions or notations of arrests, detentions,
4     indictments, informations, pre-trial proceedings, trials,
5     or other formal events in the criminal justice system or
6     descriptions or notations of criminal charges (including
7     criminal violations of local municipal ordinances) and the
8     nature of any disposition arising therefrom, including
9     sentencing, court or correctional supervision,
10     rehabilitation and release. The term does not apply to
11     statistical records and reports in which individuals are
12     not identified and from which their identities are not
13     ascertainable, or to information that is for criminal
14     investigative or intelligence purposes.
15         (e) Records that relate to or affect the security of
16     correctional institutions and detention facilities.
17         (f) Preliminary drafts, notes, recommendations,
18     memoranda and other records in which opinions are
19     expressed, or policies or actions are formulated, except
20     that a specific record or relevant portion of a record
21     shall not be exempt when the record is publicly cited and
22     identified by the head of the public body. The exemption
23     provided in this paragraph (f) extends to all those records
24     of officers and agencies of the General Assembly that
25     pertain to the preparation of legislative documents.
26         (g) Trade secrets and commercial or financial

 

 

HB0047 Enrolled - 6 - LRB096 03016 JAM 13030 b

1     information obtained from a person or business where the
2     trade secrets or information are proprietary, privileged
3     or confidential, or where disclosure of the trade secrets
4     or information may cause competitive harm, including:
5             (i) All information determined to be confidential
6         under Section 4002 of the Technology Advancement and
7         Development Act.
8             (ii) All trade secrets and commercial or financial
9         information obtained by a public body, including a
10         public pension fund, from a private equity fund or a
11         privately held company within the investment portfolio
12         of a private equity fund as a result of either
13         investing or evaluating a potential investment of
14         public funds in a private equity fund. The exemption
15         contained in this item does not apply to the aggregate
16         financial performance information of a private equity
17         fund, nor to the identity of the fund's managers or
18         general partners. The exemption contained in this item
19         does not apply to the identity of a privately held
20         company within the investment portfolio of a private
21         equity fund, unless the disclosure of the identity of a
22         privately held company may cause competitive harm.
23     Nothing contained in this paragraph (g) shall be construed
24 to prevent a person or business from consenting to disclosure.
25         (h) Proposals and bids for any contract, grant, or
26     agreement, including information which if it were

 

 

HB0047 Enrolled - 7 - LRB096 03016 JAM 13030 b

1     disclosed would frustrate procurement or give an advantage
2     to any person proposing to enter into a contractor
3     agreement with the body, until an award or final selection
4     is made. Information prepared by or for the body in
5     preparation of a bid solicitation shall be exempt until an
6     award or final selection is made.
7         (i) Valuable formulae, computer geographic systems,
8     designs, drawings and research data obtained or produced by
9     any public body when disclosure could reasonably be
10     expected to produce private gain or public loss. The
11     exemption for "computer geographic systems" provided in
12     this paragraph (i) does not extend to requests made by news
13     media as defined in Section 2 of this Act when the
14     requested information is not otherwise exempt and the only
15     purpose of the request is to access and disseminate
16     information regarding the health, safety, welfare, or
17     legal rights of the general public.
18         (j) Test questions, scoring keys and other examination
19     data used to administer an academic examination or
20     determined the qualifications of an applicant for a license
21     or employment.
22         (k) Architects' plans, 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

 

 

HB0047 Enrolled - 8 - LRB096 03016 JAM 13030 b

1     only to the extent that disclosure would compromise
2     security, including but not limited to water treatment
3     facilities, airport facilities, sport stadiums, convention
4     centers, and all government owned, operated, or occupied
5     buildings.
6         (l) Library circulation and order records identifying
7     library users with specific materials.
8         (m) Minutes of meetings of public bodies closed to the
9     public as provided in the Open Meetings Act until the
10     public body makes the minutes available to the public under
11     Section 2.06 of the Open Meetings Act.
12         (n) Communications between a public body and an
13     attorney or auditor representing the public body that would
14     not be subject to discovery in litigation, and materials
15     prepared or compiled by or for a public body in
16     anticipation of a criminal, civil or administrative
17     proceeding upon the request of an attorney advising the
18     public body, and materials prepared or compiled with
19     respect to internal audits of public bodies.
20         (o) Information received by a primary or secondary
21     school, college or university under its procedures for the
22     evaluation of faculty members by their academic peers.
23         (p) 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

 

 

HB0047 Enrolled - 9 - LRB096 03016 JAM 13030 b

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         (q) Documents or materials relating to collective
8     negotiating matters between public bodies and their
9     employees or representatives, except that any final
10     contract or agreement shall be subject to inspection and
11     copying.
12         (r) Drafts, notes, recommendations and memoranda
13     pertaining to the financing and marketing transactions of
14     the public body. The records of ownership, registration,
15     transfer, and exchange of municipal debt obligations, and
16     of persons to whom payment with respect to these
17     obligations is made.
18         (s) The records, documents and information relating to
19     real estate purchase negotiations until those negotiations
20     have been completed or otherwise terminated. With regard to
21     a parcel involved in a pending or actually and reasonably
22     contemplated eminent domain proceeding under the Eminent
23     Domain Act, records, documents and information relating to
24     that parcel shall be exempt except as may be allowed under
25     discovery rules adopted by the Illinois Supreme Court. The
26     records, documents and information relating to a real

 

 

HB0047 Enrolled - 10 - LRB096 03016 JAM 13030 b

1     estate sale shall be exempt until a sale is consummated.
2         (t) Any and all proprietary information and records
3     related to the operation of an intergovernmental risk
4     management association or self-insurance pool or jointly
5     self-administered health and accident cooperative or pool.
6         (u) Information concerning a university's adjudication
7     of student or employee grievance or disciplinary cases, to
8     the extent that disclosure would reveal the identity of the
9     student or employee and information concerning any public
10     body's adjudication of student or employee grievances or
11     disciplinary cases, except for the final outcome of the
12     cases.
13         (v) Course materials or research materials used by
14     faculty members.
15         (w) Information related solely to the internal
16     personnel rules and practices of a public body.
17         (x) Information contained in or related to
18     examination, operating, or condition reports prepared by,
19     on behalf of, or for the use of a public body responsible
20     for the regulation or supervision of financial
21     institutions or insurance companies, unless disclosure is
22     otherwise required by State law.
23         (y) Information the disclosure of which is restricted
24     under Section 5-108 of the Public Utilities Act.
25         (z) Manuals or instruction to staff that relate to
26     establishment or collection of liability for any State tax

 

 

HB0047 Enrolled - 11 - LRB096 03016 JAM 13030 b

1     or that relate to investigations by a public body to
2     determine violation of any criminal law.
3         (aa) Applications, related documents, and medical
4     records received by the Experimental Organ Transplantation
5     Procedures Board and any and all documents or other records
6     prepared by the Experimental Organ Transplantation
7     Procedures Board or its staff relating to applications it
8     has received.
9         (bb) Insurance or self insurance (including any
10     intergovernmental risk management association or self
11     insurance pool) claims, loss or risk management
12     information, records, data, advice or communications.
13         (cc) Information and records held by the Department of
14     Public Health and its authorized representatives relating
15     to known or suspected cases of sexually transmissible
16     disease or any information the disclosure of which is
17     restricted under the Illinois Sexually Transmissible
18     Disease Control Act.
19         (dd) Information the disclosure of which is exempted
20     under Section 30 of the Radon Industry Licensing Act.
21         (ee) Firm performance evaluations under Section 55 of
22     the Architectural, Engineering, and Land Surveying
23     Qualifications Based Selection Act.
24         (ff) Security portions of system safety program plans,
25     investigation reports, surveys, schedules, lists, data, or
26     information compiled, collected, or prepared by or for the

 

 

HB0047 Enrolled - 12 - LRB096 03016 JAM 13030 b

1     Regional Transportation Authority under Section 2.11 of
2     the Regional Transportation Authority Act or the St. Clair
3     County Transit District under the Bi-State Transit Safety
4     Act.
5         (gg) Information the disclosure of which is restricted
6     and exempted under Section 50 of the Illinois Prepaid
7     Tuition Act.
8         (hh) Information the disclosure of which is exempted
9     under the State Officials and Employees Ethics Act.
10         (ii) Beginning July 1, 1999, information that would
11     disclose or might lead to the disclosure of secret or
12     confidential information, codes, algorithms, programs, or
13     private keys intended to be used to create electronic or
14     digital signatures under the Electronic Commerce Security
15     Act.
16         (jj) Information contained in a local emergency energy
17     plan submitted to a municipality in accordance with a local
18     emergency energy plan ordinance that is adopted under
19     Section 11-21.5-5 of the Illinois Municipal Code.
20         (kk) Information and data concerning the distribution
21     of surcharge moneys collected and remitted by wireless
22     carriers under the Wireless Emergency Telephone Safety
23     Act.
24         (ll) Vulnerability assessments, security measures, and
25     response policies or plans that are designed to identify,
26     prevent, or respond to potential attacks upon a community's

 

 

HB0047 Enrolled - 13 - LRB096 03016 JAM 13030 b

1     population or systems, facilities, or installations, the
2     destruction or contamination of which would constitute a
3     clear and present danger to the health or safety of the
4     community, but only to the extent that disclosure could
5     reasonably be expected to jeopardize the effectiveness of
6     the measures or the safety of the personnel who implement
7     them or the public. Information exempt under this item may
8     include such things as details pertaining to the
9     mobilization or deployment of personnel or equipment, to
10     the operation of communication systems or protocols, or to
11     tactical operations.
12         (mm) Maps and other records regarding the location or
13     security of generation, transmission, distribution,
14     storage, gathering, treatment, or switching facilities
15     owned by a utility or by the Illinois Power Agency.
16         (nn) Law enforcement officer identification
17     information or driver identification information compiled
18     by a law enforcement agency or the Department of
19     Transportation under Section 11-212 of the Illinois
20     Vehicle Code.
21         (oo) Records and information provided to a residential
22     health care facility resident sexual assault and death
23     review team or the Executive Council under the Abuse
24     Prevention Review Team Act.
25         (pp) Information provided to the predatory lending
26     database created pursuant to Article 3 of the Residential

 

 

HB0047 Enrolled - 14 - LRB096 03016 JAM 13030 b

1     Real Property Disclosure Act, except to the extent
2     authorized under that Article.
3         (qq) Defense budgets and petitions for certification
4     of compensation and expenses for court appointed trial
5     counsel as provided under Sections 10 and 15 of the Capital
6     Crimes Litigation Act. This subsection (qq) shall apply
7     until the conclusion of the trial of the case, even if the
8     prosecution chooses not to pursue the death penalty prior
9     to trial or sentencing.
10         (rr) Information contained in or related to proposals,
11     bids, or negotiations related to electric power
12     procurement under Section 1-75 of the Illinois Power Agency
13     Act and Section 16-111.5 of the Public Utilities Act that
14     is determined to be confidential and proprietary by the
15     Illinois Power Agency or by the Illinois Commerce
16     Commission.
17         (ss) Information that is prohibited from being
18     disclosed under Section 4 of the Illinois Health and
19     Hazardous Substances Registry Act.
20     (2) This Section does not authorize withholding of
21 information or limit the availability of records to the public,
22 except as stated in this Section or otherwise provided in this
23 Act.
24 (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664,
25 eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
26 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.

 

 

HB0047 Enrolled - 15 - LRB096 03016 JAM 13030 b

1 8-28-07; 95-941, eff. 8-29-08.)
 
2     (Text of Section after amendment by P.A. 95-988)
3     Sec. 7. Exemptions.
4     (1) The following shall be exempt from inspection and
5 copying:
6         (a) Information specifically prohibited from
7     disclosure by federal or State law or rules and regulations
8     adopted under federal or State law.
9         (b) Information that, if disclosed, would constitute a
10     clearly unwarranted invasion of personal privacy, unless
11     the disclosure is consented to in writing by the individual
12     subjects of the information. The disclosure of information
13     that bears on the public duties of public employees and
14     officials shall not be considered an invasion of personal
15     privacy. Information exempted under this subsection (b)
16     shall include but is not limited to:
17             (i) files and personal information maintained with
18         respect to clients, patients, residents, students or
19         other individuals receiving social, medical,
20         educational, vocational, financial, supervisory or
21         custodial care or services directly or indirectly from
22         federal agencies or public bodies;
23             (ii) personnel files and personal information
24         maintained with respect to employees, appointees or
25         elected officials of any public body or applicants for

 

 

HB0047 Enrolled - 16 - LRB096 03016 JAM 13030 b

1         those positions;
2             (iii) files and personal information maintained
3         with respect to any applicant, registrant or licensee
4         by any public body cooperating with or engaged in
5         professional or occupational registration, licensure
6         or discipline;
7             (iv) information required of any taxpayer in
8         connection with the assessment or collection of any tax
9         unless disclosure is otherwise required by State
10         statute;
11             (v) information revealing the identity of persons
12         who file complaints with or provide information to
13         administrative, investigative, law enforcement or
14         penal agencies; provided, however, that identification
15         of witnesses to traffic accidents, traffic accident
16         reports, and rescue reports may be provided by agencies
17         of local government, except in a case for which a
18         criminal investigation is ongoing, without
19         constituting a clearly unwarranted per se invasion of
20         personal privacy under this subsection;
21             (vi) the names, addresses, or other personal
22         information of participants and registrants in park
23         district, forest preserve district, and conservation
24         district programs; and
25             (vii) the Notarial Record or other medium
26         containing the thumbprint or fingerprint required by

 

 

HB0047 Enrolled - 17 - LRB096 03016 JAM 13030 b

1         Section 3-102(c)(6) of the Illinois Notary Public Act.
2         (b-5) Files, documents, and other data or databases
3     maintained by one or more law enforcement agencies and
4     specifically designed to provide information to one or more
5     law enforcement agencies regarding the physical or mental
6     status of one or more individual subjects.
7         (c) Records compiled by any public body for
8     administrative enforcement proceedings and any law
9     enforcement or correctional agency for law enforcement
10     purposes or for internal matters of a public body, but only
11     to the extent that disclosure would:
12             (i) interfere with pending or actually and
13         reasonably contemplated law enforcement proceedings
14         conducted by any law enforcement or correctional
15         agency;
16             (ii) interfere with pending administrative
17         enforcement proceedings conducted by any public body;
18             (iii) deprive a person of a fair trial or an
19         impartial hearing;
20             (iv) unavoidably disclose the identity of a
21         confidential source or confidential information
22         furnished only by the confidential source;
23             (v) disclose unique or specialized investigative
24         techniques other than those generally used and known or
25         disclose internal documents of correctional agencies
26         related to detection, observation or investigation of

 

 

HB0047 Enrolled - 18 - LRB096 03016 JAM 13030 b

1         incidents of crime or misconduct;
2             (vi) constitute an invasion of personal privacy
3         under subsection (b) of this Section;
4             (vii) endanger the life or physical safety of law
5         enforcement personnel or any other person; or
6             (viii) obstruct an ongoing criminal investigation.
7         (d) Criminal history record information maintained by
8     State or local criminal justice agencies, except the
9     following which shall be open for public inspection and
10     copying:
11             (i) chronologically maintained arrest information,
12         such as traditional arrest logs or blotters;
13             (ii) the name of a person in the custody of a law
14         enforcement agency and the charges for which that
15         person is being held;
16             (iii) court records that are public;
17             (iv) records that are otherwise available under
18         State or local law; or
19             (v) records in which the requesting party is the
20         individual identified, except as provided under part
21         (vii) of paragraph (c) of subsection (1) of this
22         Section.
23         "Criminal history record information" means data
24     identifiable to an individual and consisting of
25     descriptions or notations of arrests, detentions,
26     indictments, informations, pre-trial proceedings, trials,

 

 

HB0047 Enrolled - 19 - LRB096 03016 JAM 13030 b

1     or other formal events in the criminal justice system or
2     descriptions or notations of criminal charges (including
3     criminal violations of local municipal ordinances) and the
4     nature of any disposition arising therefrom, including
5     sentencing, court or correctional supervision,
6     rehabilitation and release. The term does not apply to
7     statistical records and reports in which individuals are
8     not identified and from which their identities are not
9     ascertainable, or to information that is for criminal
10     investigative or intelligence purposes.
11         (e) Records that relate to or affect the security of
12     correctional institutions and detention facilities.
13         (f) Preliminary drafts, notes, recommendations,
14     memoranda and other records in which opinions are
15     expressed, or policies or actions are formulated, except
16     that a specific record or relevant portion of a record
17     shall not be exempt when the record is publicly cited and
18     identified by the head of the public body. The exemption
19     provided in this paragraph (f) extends to all those records
20     of officers and agencies of the General Assembly that
21     pertain to the preparation of legislative documents.
22         (g) Trade secrets and commercial or financial
23     information obtained from a person or business where the
24     trade secrets or information are proprietary, privileged
25     or confidential, or where disclosure of the trade secrets
26     or information may cause competitive harm, including:

 

 

HB0047 Enrolled - 20 - LRB096 03016 JAM 13030 b

1             (i) All information determined to be confidential
2         under Section 4002 of the Technology Advancement and
3         Development Act.
4             (ii) All trade secrets and commercial or financial
5         information obtained by a public body, including a
6         public pension fund, from a private equity fund or a
7         privately held company within the investment portfolio
8         of a private equity fund as a result of either
9         investing or evaluating a potential investment of
10         public funds in a private equity fund. The exemption
11         contained in this item does not apply to the aggregate
12         financial performance information of a private equity
13         fund, nor to the identity of the fund's managers or
14         general partners. The exemption contained in this item
15         does not apply to the identity of a privately held
16         company within the investment portfolio of a private
17         equity fund, unless the disclosure of the identity of a
18         privately held company may cause competitive harm.
19     Nothing contained in this paragraph (g) shall be construed
20 to prevent a person or business from consenting to disclosure.
21         (h) Proposals and bids for any contract, grant, or
22     agreement, including information which if it were
23     disclosed would frustrate procurement or give an advantage
24     to any person proposing to enter into a contractor
25     agreement with the body, until an award or final selection
26     is made. Information prepared by or for the body in

 

 

HB0047 Enrolled - 21 - LRB096 03016 JAM 13030 b

1     preparation of a bid solicitation shall be exempt until an
2     award or final selection is made.
3         (i) Valuable formulae, computer geographic systems,
4     designs, drawings and research data obtained or produced by
5     any public body when disclosure could reasonably be
6     expected to produce private gain or public loss. The
7     exemption for "computer geographic systems" provided in
8     this paragraph (i) does not extend to requests made by news
9     media as defined in Section 2 of this Act when the
10     requested information is not otherwise exempt and the only
11     purpose of the request is to access and disseminate
12     information regarding the health, safety, welfare, or
13     legal rights of the general public.
14         (j) Test questions, scoring keys and other examination
15     data used to administer an academic examination or
16     determined the qualifications of an applicant for a license
17     or employment.
18         (k) Architects' plans, engineers' technical
19     submissions, and other construction related technical
20     documents for projects not constructed or developed in
21     whole or in part with public funds and the same for
22     projects constructed or developed with public funds, but
23     only to the extent that disclosure would compromise
24     security, including but not limited to water treatment
25     facilities, airport facilities, sport stadiums, convention
26     centers, and all government owned, operated, or occupied

 

 

HB0047 Enrolled - 22 - LRB096 03016 JAM 13030 b

1     buildings.
2         (l) Library circulation and order records identifying
3     library users with specific materials.
4         (m) Minutes of meetings of public bodies closed to the
5     public as provided in the Open Meetings Act until the
6     public body makes the minutes available to the public under
7     Section 2.06 of the Open Meetings Act.
8         (n) Communications between a public body and an
9     attorney or auditor representing the public body that would
10     not be subject to discovery in litigation, and materials
11     prepared or compiled by or for a public body in
12     anticipation of a criminal, civil or administrative
13     proceeding upon the request of an attorney advising the
14     public body, and materials prepared or compiled with
15     respect to internal audits of public bodies.
16         (o) Information received by a primary or secondary
17     school, college or university under its procedures for the
18     evaluation of faculty members by their academic peers.
19         (p) Administrative or technical information associated
20     with automated data processing operations, including but
21     not limited to software, operating protocols, computer
22     program abstracts, file layouts, source listings, object
23     modules, load modules, user guides, documentation
24     pertaining to all logical and physical design of
25     computerized systems, employee manuals, and any other
26     information that, if disclosed, would jeopardize the

 

 

HB0047 Enrolled - 23 - LRB096 03016 JAM 13030 b

1     security of the system or its data or the security of
2     materials exempt under this Section.
3         (q) Documents or materials relating to collective
4     negotiating matters between public bodies and their
5     employees or representatives, except that any final
6     contract or agreement shall be subject to inspection and
7     copying.
8         (r) Drafts, notes, recommendations and memoranda
9     pertaining to the financing and marketing transactions of
10     the public body. The records of ownership, registration,
11     transfer, and exchange of municipal debt obligations, and
12     of persons to whom payment with respect to these
13     obligations is made.
14         (s) The records, documents and information relating to
15     real estate purchase negotiations until those negotiations
16     have been completed or otherwise terminated. With regard to
17     a parcel involved in a pending or actually and reasonably
18     contemplated eminent domain proceeding under the Eminent
19     Domain Act, records, documents and information relating to
20     that parcel shall be exempt except as may be allowed under
21     discovery rules adopted by the Illinois Supreme Court. The
22     records, documents and information relating to a real
23     estate sale shall be exempt until a sale is consummated.
24         (t) Any and all proprietary information and records
25     related to the operation of an intergovernmental risk
26     management association or self-insurance pool or jointly

 

 

HB0047 Enrolled - 24 - LRB096 03016 JAM 13030 b

1     self-administered health and accident cooperative or pool.
2         (u) Information concerning a university's adjudication
3     of student or employee grievance or disciplinary cases, to
4     the extent that disclosure would reveal the identity of the
5     student or employee and information concerning any public
6     body's adjudication of student or employee grievances or
7     disciplinary cases, except for the final outcome of the
8     cases.
9         (v) Course materials or research materials used by
10     faculty members.
11         (w) Information related solely to the internal
12     personnel rules and practices of a public body.
13         (x) Information contained in or related to
14     examination, operating, or condition reports prepared by,
15     on behalf of, or for the use of a public body responsible
16     for the regulation or supervision of financial
17     institutions or insurance companies, unless disclosure is
18     otherwise required by State law.
19         (y) Information the disclosure of which is restricted
20     under Section 5-108 of the Public Utilities Act.
21         (z) Manuals or instruction to staff that relate to
22     establishment or collection of liability for any State tax
23     or that relate to investigations by a public body to
24     determine violation of any criminal law.
25         (aa) Applications, related documents, and medical
26     records received by the Experimental Organ Transplantation

 

 

HB0047 Enrolled - 25 - LRB096 03016 JAM 13030 b

1     Procedures Board and any and all documents or other records
2     prepared by the Experimental Organ Transplantation
3     Procedures Board or its staff relating to applications it
4     has received.
5         (bb) 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         (cc) Information and records held by the Department of
10     Public Health and its authorized representatives relating
11     to known or suspected cases of sexually transmissible
12     disease or any information the disclosure of which is
13     restricted under the Illinois Sexually Transmissible
14     Disease Control Act.
15         (dd) Information the disclosure of which is exempted
16     under Section 30 of the Radon Industry Licensing Act.
17         (ee) Firm performance evaluations under Section 55 of
18     the Architectural, Engineering, and Land Surveying
19     Qualifications Based Selection Act.
20         (ff) Security portions of system safety program plans,
21     investigation reports, surveys, schedules, lists, data, or
22     information compiled, collected, or prepared by or for the
23     Regional Transportation Authority under Section 2.11 of
24     the Regional Transportation Authority Act or the St. Clair
25     County Transit District under the Bi-State Transit Safety
26     Act.

 

 

HB0047 Enrolled - 26 - LRB096 03016 JAM 13030 b

1         (gg) Information the disclosure of which is restricted
2     and exempted under Section 50 of the Illinois Prepaid
3     Tuition Act.
4         (hh) Information the disclosure of which is exempted
5     under the State Officials and Employees Ethics 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 energy
13     plan submitted to a municipality in accordance with a local
14     emergency energy plan ordinance that is adopted under
15     Section 11-21.5-5 of the Illinois Municipal Code.
16         (kk) Information and data concerning the distribution
17     of surcharge moneys collected and remitted by wireless
18     carriers under the Wireless Emergency Telephone Safety
19     Act.
20         (ll) Vulnerability assessments, security measures, and
21     response policies or plans that are designed to identify,
22     prevent, or respond to potential attacks upon a community's
23     population or systems, facilities, or installations, the
24     destruction or contamination of which would constitute a
25     clear and present danger to the health or safety of the
26     community, but only to the extent that disclosure could

 

 

HB0047 Enrolled - 27 - LRB096 03016 JAM 13030 b

1     reasonably be expected to jeopardize the effectiveness of
2     the measures or the safety of the personnel who implement
3     them or the public. Information exempt under this item may
4     include such things as details pertaining to the
5     mobilization or deployment of personnel or equipment, to
6     the operation of communication systems or protocols, or to
7     tactical operations.
8         (mm) 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 or by the Illinois Power Agency.
12         (nn) Law enforcement officer identification
13     information or driver identification information compiled
14     by a law enforcement agency or the Department of
15     Transportation under Section 11-212 of the Illinois
16     Vehicle Code.
17         (oo) Records and information provided to a residential
18     health care facility resident sexual assault and death
19     review team or the Executive Council under the Abuse
20     Prevention Review Team Act.
21         (pp) Information provided to the predatory lending
22     database created pursuant to Article 3 of the Residential
23     Real Property Disclosure Act, except to the extent
24     authorized under that Article.
25         (qq) Defense budgets and petitions for certification
26     of compensation and expenses for court appointed trial

 

 

HB0047 Enrolled - 28 - LRB096 03016 JAM 13030 b

1     counsel as provided under Sections 10 and 15 of the Capital
2     Crimes Litigation Act. This subsection (qq) shall apply
3     until the conclusion of the trial of the case, even if the
4     prosecution chooses not to pursue the death penalty prior
5     to trial or sentencing.
6         (rr) Information contained in or related to proposals,
7     bids, or negotiations related to electric power
8     procurement under Section 1-75 of the Illinois Power Agency
9     Act and Section 16-111.5 of the Public Utilities Act that
10     is determined to be confidential and proprietary by the
11     Illinois Power Agency or by the Illinois Commerce
12     Commission.
13         (ss) Information that is prohibited from being
14     disclosed under Section 4 of the Illinois Health and
15     Hazardous Substances Registry Act.
16     (2) This Section does not authorize withholding of
17 information or limit the availability of records to the public,
18 except as stated in this Section or otherwise provided in this
19 Act.
20 (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664,
21 eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
22 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.
23 8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised
24 10-20-08.)
 
25     Section 95. No acceleration or delay. Where this Act makes

 

 

HB0047 Enrolled - 29 - LRB096 03016 JAM 13030 b

1 changes in a statute that is represented in this Act by text
2 that is not yet or no longer in effect (for example, a Section
3 represented by multiple versions), the use of that text does
4 not accelerate or delay the taking effect of (i) the changes
5 made by this Act or (ii) provisions derived from any other
6 Public Act.