Illinois General Assembly - Full Text of HB3621
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Full Text of HB3621  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Robert Rita


5 ILCS 140/1.5 new
5 ILCS 140/7  from Ch. 116, par. 207

    Amends the Freedom of Information Act. Denies home rule powers by providing that the regulation of the inspection and disclosure of public records of a public body is an exclusive power and function of the State. Exempts from inspection and copying under the Act incentives provided to and rent paid by persons, organizations, or businesses that agree to make use of a public facility for a convention, trade show, meeting, athletic contest, concert, musical, dramatic, or other artistic, cultural, or social event. Effective immediately.

LRB099 08782 HEP 28951 b






HB3621LRB099 08782 HEP 28951 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 and by adding Section 1.5 as follows:
6    (5 ILCS 140/1.5 new)
7    Sec. 1.5. Home Rule Preemption. The regulation of the
8inspection and disclosure of public records of a public body is
9an exclusive power and function of the State. This Section is a
10denial and limitation of home rule powers and functions
11pursuant to the provisions of paragraph (h) of Section 6 of
12Article VII of the Illinois Constitution.
13    (5 ILCS 140/7)  (from Ch. 116, par. 207)
14    Sec. 7. Exemptions.
15    (1) When a request is made to inspect or copy a public
16record that contains information that is exempt from disclosure
17under this Section, but also contains information that is not
18exempt from disclosure, the public body may elect to redact the
19information that is exempt. The public body shall make the
20remaining information available for inspection and copying.
21Subject to this requirement, the following shall be exempt from
22inspection and copying:



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1        (a) Information specifically prohibited from
2    disclosure by federal or State law or rules and regulations
3    implementing federal or State law.
4        (b) Private information, unless disclosure is required
5    by another provision of this Act, a State or federal law or
6    a court order.
7        (b-5) Files, documents, and other data or databases
8    maintained by one or more law enforcement agencies and
9    specifically designed to provide information to one or more
10    law enforcement agencies regarding the physical or mental
11    status of one or more individual subjects.
12        (c) Personal information contained within public
13    records, the disclosure of which would constitute a clearly
14    unwarranted invasion of personal privacy, unless the
15    disclosure is consented to in writing by the individual
16    subjects of the information. "Unwarranted invasion of
17    personal privacy" means the disclosure of information that
18    is highly personal or objectionable to a reasonable person
19    and in which the subject's right to privacy outweighs any
20    legitimate public interest in obtaining the information.
21    The disclosure of information that bears on the public
22    duties of public employees and officials shall not be
23    considered an invasion of personal privacy.
24        (d) Records in the possession of any public body
25    created in the course of administrative enforcement
26    proceedings, and any law enforcement or correctional



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1    agency for law enforcement purposes, but only to the extent
2    that disclosure would:
3            (i) interfere with pending or actually and
4        reasonably contemplated law enforcement proceedings
5        conducted by any law enforcement or correctional
6        agency that is the recipient of the request;
7            (ii) interfere with active administrative
8        enforcement proceedings conducted by the public body
9        that is the recipient of the request;
10            (iii) create a substantial likelihood that a
11        person will be deprived of a fair trial or an impartial
12        hearing;
13            (iv) unavoidably disclose the identity of a
14        confidential source, confidential information
15        furnished only by the confidential source, or persons
16        who file complaints with or provide information to
17        administrative, investigative, law enforcement, or
18        penal agencies; except that the identities of
19        witnesses to traffic accidents, traffic accident
20        reports, and rescue reports shall be provided by
21        agencies of local government, except when disclosure
22        would interfere with an active criminal investigation
23        conducted by the agency that is the recipient of the
24        request;
25            (v) disclose unique or specialized investigative
26        techniques other than those generally used and known or



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1        disclose internal documents of correctional agencies
2        related to detection, observation or investigation of
3        incidents of crime or misconduct, and disclosure would
4        result in demonstrable harm to the agency or public
5        body that is the recipient of the request;
6            (vi) endanger the life or physical safety of law
7        enforcement personnel or any other person; or
8            (vii) obstruct an ongoing criminal investigation
9        by the agency that is the recipient of the request.
10        (d-5) A law enforcement record created for law
11    enforcement purposes and contained in a shared electronic
12    record management system if the law enforcement agency that
13    is the recipient of the request did not create the record,
14    did not participate in or have a role in any of the events
15    which are the subject of the record, and only has access to
16    the record through the shared electronic record management
17    system.
18        (e) Records that relate to or affect the security of
19    correctional institutions and detention facilities.
20        (e-5) Records requested by persons committed to the
21    Department of Corrections if those materials are available
22    in the library of the correctional facility where the
23    inmate is confined.
24        (e-6) Records requested by persons committed to the
25    Department of Corrections if those materials include
26    records from staff members' personnel files, staff



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1    rosters, or other staffing assignment information.
2        (e-7) Records requested by persons committed to the
3    Department of Corrections if those materials are available
4    through an administrative request to the Department of
5    Corrections.
6        (f) Preliminary drafts, notes, recommendations,
7    memoranda and other records in which opinions are
8    expressed, or policies or actions are formulated, except
9    that a specific record or relevant portion of a record
10    shall not be exempt when the record is publicly cited and
11    identified by the head of the public body. The exemption
12    provided in this paragraph (f) extends to all those records
13    of officers and agencies of the General Assembly that
14    pertain to the preparation of legislative documents.
15        (g) Trade secrets and commercial or financial
16    information obtained from a person or business where the
17    trade secrets or commercial or financial information are
18    furnished under a claim that they are proprietary,
19    privileged or confidential, and that disclosure of the
20    trade secrets or commercial or financial information would
21    cause competitive harm to the person or business, and only
22    insofar as the claim directly applies to the records
23    requested.
24        The information included under this exemption includes
25    all trade secrets and commercial or financial information
26    obtained by a public body, including a public pension fund,



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1    from a private equity fund or a privately held company
2    within the investment portfolio of a private equity fund as
3    a result of either investing or evaluating a potential
4    investment of public funds in a private equity fund. The
5    exemption contained in this item does not apply to the
6    aggregate financial performance information of a private
7    equity fund, nor to the identity of the fund's managers or
8    general partners. The exemption contained in this item does
9    not apply to the identity of a privately held company
10    within the investment portfolio of a private equity fund,
11    unless the disclosure of the identity of a privately held
12    company may cause competitive harm.
13        Nothing contained in this paragraph (g) shall be
14    construed to prevent a person or business from consenting
15    to disclosure.
16        (h) Proposals and bids for any contract, grant, or
17    agreement, including information which if it were
18    disclosed would frustrate procurement or give an advantage
19    to any person proposing to enter into a contractor
20    agreement with the body, until an award or final selection
21    is made. Information prepared by or for the body in
22    preparation of a bid solicitation shall be exempt until an
23    award or final selection is made.
24        (i) Valuable formulae, computer geographic systems,
25    designs, drawings and research data obtained or produced by
26    any public body when disclosure could reasonably be



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1    expected to produce private gain or public loss. The
2    exemption for "computer geographic systems" provided in
3    this paragraph (i) does not extend to requests made by news
4    media as defined in Section 2 of this Act when the
5    requested information is not otherwise exempt and the only
6    purpose of the request is to access and disseminate
7    information regarding the health, safety, welfare, or
8    legal rights of the general public.
9        (j) The following information pertaining to
10    educational matters:
11            (i) test questions, scoring keys and other
12        examination data used to administer an academic
13        examination;
14            (ii) information received by a primary or
15        secondary school, college, or university under its
16        procedures for the evaluation of faculty members by
17        their academic peers;
18            (iii) information concerning a school or
19        university's adjudication of student disciplinary
20        cases, but only to the extent that disclosure would
21        unavoidably reveal the identity of the student; and
22            (iv) course materials or research materials used
23        by faculty members.
24        (k) Architects' plans, engineers' technical
25    submissions, and other construction related technical
26    documents for projects not constructed or developed in



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



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



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1    until a sale is consummated.
2        (s) 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    Insurance or self insurance (including any
7    intergovernmental risk management association or self
8    insurance pool) claims, loss or risk management
9    information, records, data, advice or communications.
10        (t) Information contained in or related to
11    examination, operating, or condition reports prepared by,
12    on behalf of, or for the use of a public body responsible
13    for the regulation or supervision of financial
14    institutions or insurance companies, unless disclosure is
15    otherwise required by State 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 be
19    used to create electronic or digital signatures under the
20    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 community's
24    population or systems, facilities, or installations, the
25    destruction or contamination of which would constitute a
26    clear and present danger to the health or safety of the



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1    community, but only to the extent that disclosure could
2    reasonably be expected to jeopardize the effectiveness of
3    the measures or the safety of the personnel who implement
4    them or the public. Information exempt under this item may
5    include such things as details pertaining to the
6    mobilization or deployment of personnel or equipment, to
7    the operation of communication systems or protocols, or to
8    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 Agency
18    Act and Section 16-111.5 of the Public Utilities Act that
19    is determined to be confidential and proprietary by the
20    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 Public Aid Code or (ii)
14    that pertain to appeals under Section 11-8 of the Public
15    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 2012.
4        (hh) The report submitted to the State Board of
5    Education by the School Security and Standards Task Force
6    under item (8) of subsection (d) of Section 2-3.160 of the
7    School Code and any information contained in that report.
8        (ii) Incentives provided to and rent paid by persons,
9    organizations, or businesses that agree to make use of a
10    public facility for a convention, trade show, meeting,
11    athletic contest, concert, musical, dramatic, or other
12    artistic, cultural, or social event. As used in this
13    paragraph, "facility" means: (A) buildings and grounds
14    used for conventions, meetings, and trade shows; and (B)
15    stadiums, arenas, theaters, structures, and grounds used
16    for the holding of athletic contests, concerts, and
17    musical, dramatic, artistic, cultural, or social events.
18    (1.5) Any information exempt from disclosure under the
19Judicial Privacy Act shall be redacted from public records
20prior to disclosure under this Act.
21    (2) A public record that is not in the possession of a
22public body but is in the possession of a party with whom the
23agency has contracted to perform a governmental function on
24behalf of the public body, and that directly relates to the
25governmental function and is not otherwise exempt under this
26Act, shall be considered a public record of the public body,



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1for purposes of this Act.
2    (3) This Section does not authorize withholding of
3information or limit the availability of records to the public,
4except as stated in this Section or otherwise provided in this
6(Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11;
797-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff.
87-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129,
9eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
1098-695, eff. 7-3-14.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.