093_HB0305ham002

 










                                     LRB093 03731 JAM 14274 a

 1                     AMENDMENT TO HOUSE BILL 305

 2        AMENDMENT NO.     .  Amend House Bill 305, AS AMENDED, by
 3    replacing everything  after  the  enacting  clause  with  the
 4    following:

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

 7        (5 ILCS 120/2) (from Ch. 102, par. 42)
 8        Sec. 2.  Open meetings.
 9        (a)  Openness  required.   All  meetings of public bodies
10    shall be open to the public unless excepted in subsection (c)
11    and closed in accordance with Section 2a.
12        (b)  Construction   of   exceptions.    The    exceptions
13    contained   in  subsection  (c)  are  in  derogation  of  the
14    requirement  that  public  bodies  meet  in  the  open,   and
15    therefore,  the  exceptions  are  to  be  strictly construed,
16    extending only to subjects clearly within their scope.    The
17    exceptions  authorize  but  do  not  require the holding of a
18    closed meeting  to  discuss  a  subject  included  within  an
19    enumerated exception.
20        (c)  Exceptions.   A public body may hold closed meetings
21    to consider the following subjects:
22             (1)  The  appointment,   employment,   compensation,
 
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 1        discipline,   performance,   or   dismissal  of  specific
 2        employees of the public body, including hearing testimony
 3        on a complaint lodged against an  employee  to  determine
 4        its validity.
 5             (2)  Collective   negotiating  matters  between  the
 6        public body and its employees or  their  representatives,
 7        or  deliberations  concerning salary schedules for one or
 8        more classes of employees.
 9             (3)  The selection of a  person  to  fill  a  public
10        office,  as defined in this Act, including a vacancy in a
11        public office, when the public body  is  given  power  to
12        appoint  under  law  or  ordinance,  or  the  discipline,
13        performance  or  removal  of  the  occupant  of  a public
14        office, when the public body is given power to remove the
15        occupant under law or ordinance.
16             (4)  Evidence  or  testimony   presented   in   open
17        hearing,   or   in   closed  hearing  where  specifically
18        authorized by  law,  to  a  quasi-adjudicative  body,  as
19        defined  in this Act, provided that the body prepares and
20        makes available for public inspection a written  decision
21        setting forth its determinative reasoning.
22             (5)  The  purchase or lease of real property for the
23        use of the public body, including meetings held  for  the
24        purpose  of discussing whether a particular parcel should
25        be acquired.
26             (6)  The setting of a price for  sale  or  lease  of
27        property owned by the public body.
28             (7)  The    sale    or   purchase   of   securities,
29        investments, or investment contracts.
30             (8)  Security procedures and the  use  of  personnel
31        and equipment to respond to an actual, a threatened, or a
32        reasonably  potential  danger to the safety of employees,
33        students, staff, the public,  or public property.
34             (9)  Student disciplinary cases.
 
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 1             (10)  The  placement  of  individual   students   in
 2        special  education programs and other matters relating to
 3        individual students.
 4             (11)  Litigation, when an action against,  affecting
 5        or on behalf of the particular public body has been filed
 6        and is pending before a court or administrative tribunal,
 7        or  when the public body finds that an action is probable
 8        or imminent, in which case  the  basis  for  the  finding
 9        shall  be  recorded  and  entered into the minutes of the
10        closed meeting.
11             (12)  The establishment of reserves or settlement of
12        claims  as  provided  in  the  Local   Governmental   and
13        Governmental  Employees  Tort  Immunity Act, if otherwise
14        the disposition of a claim or potential  claim  might  be
15        prejudiced,  or  the review or discussion of claims, loss
16        or risk management information, records, data, advice  or
17        communications from or with respect to any insurer of the
18        public  body  or  any  intergovernmental  risk management
19        association or self insurance pool of  which  the  public
20        body is a member.
21             (13)  Conciliation  of  complaints of discrimination
22        in the sale or rental of housing,  when  closed  meetings
23        are  authorized  by the law or ordinance prescribing fair
24        housing  practices   and   creating   a   commission   or
25        administrative agency for their enforcement.
26             (14)  Informant sources, the hiring or assignment of
27        undercover  personnel  or equipment, or ongoing, prior or
28        future  criminal  investigations,  when  discussed  by  a
29        public body with criminal investigatory responsibilities.
30             (15)  Professional  ethics   or   performance   when
31        considered  by  an  advisory  body  appointed to advise a
32        licensing or regulatory agency on matters germane to  the
33        advisory body's field of competence.
34             (16)  Self  evaluation,  practices and procedures or
 
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 1        professional ethics, when meeting with  a  representative
 2        of  a statewide association of which the public body is a
 3        member.
 4             (17)  The recruitment, credentialing, discipline  or
 5        formal  peer  review  of  physicians or other health care
 6        professionals  for  a  hospital,  or  other   institution
 7        providing  medical  care,  that is operated by the public
 8        body.
 9             (18)  Deliberations for decisions  of  the  Prisoner
10        Review Board.
11             (19)  Review  or discussion of applications received
12        under the Experimental Organ  Transplantation  Procedures
13        Act.
14             (20)  The  classification  and discussion of matters
15        classified as confidential or continued  confidential  by
16        the State Employees Suggestion Award Board.
17             (21)  Discussion  of  minutes  of  meetings lawfully
18        closed under this Act, whether for purposes  of  approval
19        by  the  body of the minutes or semi-annual review of the
20        minutes as mandated by Section 2.06.
21             (22)  Deliberations  for  decisions  of  the   State
22        Emergency Medical Services Disciplinary Review Board.
23             (23)  The operation by a municipality of a municipal
24        utility  or  the operation of a municipal power agency or
25        municipal natural gas agency when the discussion involves
26        (i) contracts relating to the purchase, sale, or delivery
27        of electricity or natural gas  or  (ii)  the  results  or
28        conclusions of load forecast studies.

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

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

22        (5 ILCS 140/7) (from Ch. 116, par. 207)
23        Sec. 7.  Exemptions.
24        (1)  The  following  shall  be exempt from inspection and
25    copying:
26             (a)  Information   specifically   prohibited    from
27        disclosure   by   federal  or  State  law  or  rules  and
28        regulations adopted under federal or State law.
29             (b)  Information   that,   if    disclosed,    would
30        constitute  a  clearly  unwarranted  invasion of personal
31        privacy, unless the disclosure is consented to in writing
32        by the  individual  subjects  of  the  information.   The
 
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 1        disclosure of information that bears on the public duties
 2        of public employees and officials shall not be considered
 3        an  invasion  of  personal privacy.  Information exempted
 4        under this  subsection  (b)  shall  include  but  is  not
 5        limited to:
 6                  (i)  files  and personal information maintained
 7             with  respect  to  clients,   patients,   residents,
 8             students  or  other  individuals  receiving  social,
 9             medical,    educational,    vocational,   financial,
10             supervisory or custodial care or  services  directly
11             or   indirectly  from  federal  agencies  or  public
12             bodies;
13                  (ii)  personnel files and personal  information
14             maintained  with respect to employees, appointees or
15             elected officials of any public body  or  applicants
16             for those positions;
17                  (iii)  files     and    personal    information
18             maintained with respect to any applicant, registrant
19             or licensee by any public body cooperating  with  or
20             engaged     in    professional    or    occupational
21             registration, licensure or discipline;
22                  (iv)  information required of any  taxpayer  in
23             connection  with the assessment or collection of any
24             tax unless disclosure is otherwise required by State
25             statute; and
26                  (v)  information  revealing  the  identity   of
27             persons   who   file   complaints  with  or  provide
28             information to  administrative,  investigative,  law
29             enforcement  or  penal  agencies; provided, however,
30             that  identification   of   witnesses   to   traffic
31             accidents,  traffic  accident  reports,  and  rescue
32             reports   may  be  provided  by  agencies  of  local
33             government, except in a case for  which  a  criminal
34             investigation  is  ongoing,  without  constituting a
 
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 1             clearly unwarranted  per  se  invasion  of  personal
 2             privacy under this subsection.
 3             (c)  Records   compiled   by  any  public  body  for
 4        administrative  enforcement  proceedings  and   any   law
 5        enforcement  or  correctional  agency for law enforcement
 6        purposes or for internal matters of a  public  body,  but
 7        only to the extent that disclosure would:
 8                  (i)  interfere  with  pending  or  actually and
 9             reasonably contemplated law enforcement  proceedings
10             conducted  by  any  law  enforcement or correctional
11             agency;
12                  (ii)  interfere  with  pending   administrative
13             enforcement  proceedings  conducted  by  any  public
14             body;
15                  (iii)  deprive  a  person of a fair trial or an
16             impartial hearing;
17                  (iv)  unavoidably disclose the  identity  of  a
18             confidential   source  or  confidential  information
19             furnished only by the confidential source;
20                  (v)  disclose     unique     or     specialized
21             investigative techniques other than those  generally
22             used  and  known  or  disclose internal documents of
23             correctional   agencies   related   to    detection,
24             observation  or  investigation of incidents of crime
25             or misconduct;
26                  (vi)  constitute  an   invasion   of   personal
27             privacy under subsection (b) of this Section;
28                  (vii)  endanger  the life or physical safety of
29             law enforcement personnel or any other person; or
30                  (viii)  obstruct    an     ongoing     criminal
31             investigation.
32             (d)  Criminal  history record information maintained
33        by State or local criminal justice agencies,  except  the
34        following  which  shall be open for public inspection and
 
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 1        copying:
 2                  (i)  chronologically     maintained      arrest
 3             information,  such  as  traditional  arrest  logs or
 4             blotters;
 5                  (ii)  the name of a person in the custody of  a
 6             law  enforcement  agency  and  the charges for which
 7             that person is being held;
 8                  (iii)  court records that are public;
 9                  (iv)  records  that  are  otherwise   available
10             under State or local law; or
11                  (v)  records  in  which the requesting party is
12             the individual identified, except as provided  under
13             part  (vii)  of  paragraph  (c) of subsection (1) of
14             this Section.
15             "Criminal history  record  information"  means  data
16        identifiable   to   an   individual   and  consisting  of
17        descriptions  or  notations   of   arrests,   detentions,
18        indictments, informations, pre-trial proceedings, trials,
19        or  other formal events in the criminal justice system or
20        descriptions or notations of criminal charges  (including
21        criminal  violations  of  local municipal ordinances) and
22        the  nature  of  any   disposition   arising   therefrom,
23        including  sentencing, court or correctional supervision,
24        rehabilitation and release.  The term does not  apply  to
25        statistical  records and reports in which individuals are
26        not identified and from which their  identities  are  not
27        ascertainable,  or  to  information  that is for criminal
28        investigative or intelligence purposes.
29             (e)  Records that relate to or affect  the  security
30        of correctional institutions and detention facilities.
31             (f)  Preliminary   drafts,  notes,  recommendations,
32        memoranda  and  other  records  in  which  opinions   are
33        expressed,  or policies or actions are formulated, except
34        that a specific record or relevant portion  of  a  record
 
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 1        shall not be exempt when the record is publicly cited and
 2        identified  by the head of the public body. The exemption
 3        provided in this  paragraph  (f)  extends  to  all  those
 4        records  of officers and agencies of the General Assembly
 5        that pertain to the preparation of legislative documents.
 6             (g)  Trade  secrets  and  commercial  or   financial
 7        information  obtained from a person or business where the
 8        trade secrets or information are proprietary,  privileged
 9        or confidential, or where disclosure of the trade secrets
10        or  information may cause competitive harm, including all
11        information determined to be confidential  under  Section
12        4002  of  the Technology Advancement and Development Act.
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
19        advantage  to  any  person  proposing  to  enter  into  a
20        contractor agreement with the body,  until  an  award  or
21        final  selection is made.  Information prepared by or for
22        the body in preparation of a bid  solicitation  shall  be
23        exempt until an award or final selection is made.
24             (i)  Valuable formulae, computer geographic systems,
25        designs,  drawings and research data obtained or produced
26        by any public body when disclosure  could  reasonably  be
27        expected to produce private gain or public loss.
28             (j)  Test   questions,   scoring   keys   and  other
29        examination  data  used   to   administer   an   academic
30        examination   or  determined  the  qualifications  of  an
31        applicant for a license or employment.
32             (k)  Architects'  plans,  and  engineers'  technical
33        submissions, and  other  construction  related  technical
34        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, but
 3        only to  the  extent  that  disclosure  would  compromise
 4        security.
 5             (l)  Library    circulation    and   order   records
 6        identifying library users with specific materials.
 7             (m)  Minutes of meetings of public bodies closed  to
 8        the public as provided in the Open Meetings Act until the
 9        public  body  makes  the  minutes available to the public
10        under Section 2.06 of the Open Meetings Act.
11             (n)  Communications between a  public  body  and  an
12        attorney  or  auditor  representing  the public body that
13        would not be subject  to  discovery  in  litigation,  and
14        materials prepared or compiled by or for a public body in
15        anticipation  of  a  criminal,  civil  or  administrative
16        proceeding  upon  the request of an attorney advising the
17        public body, and  materials  prepared  or  compiled  with
18        respect to internal audits of public bodies.
19             (o)  Information  received by a primary or secondary
20        school, college or university under  its  procedures  for
21        the  evaluation  of  faculty  members  by  their academic
22        peers.
23             (p)  Administrative   or    technical    information
24        associated  with  automated  data  processing operations,
25        including  but  not  limited   to   software,   operating
26        protocols,  computer  program  abstracts,  file  layouts,
27        source  listings,  object  modules,  load  modules,  user
28        guides,  documentation  pertaining  to  all  logical  and
29        physical   design   of   computerized  systems,  employee
30        manuals, and any other information  that,  if  disclosed,
31        would  jeopardize  the security of the system or its data
32        or the security of materials exempt under this Section.
33             (q)  Documents or materials relating  to  collective
34        negotiating  matters  between  public  bodies  and  their
 
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 1        employees  or  representatives,  except  that  any  final
 2        contract  or agreement shall be subject to inspection and
 3        copying.
 4             (r)  Drafts, notes,  recommendations  and  memoranda
 5        pertaining to the financing and marketing transactions of
 6        the  public body. The records of ownership, registration,
 7        transfer, and exchange of municipal debt obligations, and
 8        of  persons  to  whom  payment  with  respect  to   these
 9        obligations is made.
10             (s)  The records, documents and information relating
11        to   real   estate   purchase  negotiations  until  those
12        negotiations have been completed or otherwise terminated.
13        With regard to a parcel involved in a pending or actually
14        and reasonably  contemplated  eminent  domain  proceeding
15        under  Article  VII  of  the  Code  of  Civil  Procedure,
16        records,  documents  and  information  relating  to  that
17        parcel  shall  be  exempt  except as may be allowed under
18        discovery rules adopted by the  Illinois  Supreme  Court.
19        The records, documents and information relating to a real
20        estate sale shall be exempt until a sale is consummated.
21             (t)  Any and all proprietary information and records
22        related  to  the  operation  of an intergovernmental risk
23        management association or self-insurance pool or  jointly
24        self-administered  health  and  accident  cooperative  or
25        pool.
26             (u)  Information     concerning    a    university's
27        adjudication  of  student  or   employee   grievance   or
28        disciplinary  cases,  to the extent that disclosure would
29        reveal the  identity  of  the  student  or  employee  and
30        information  concerning any public body's adjudication of
31        student or employee  grievances  or  disciplinary  cases,
32        except for the final outcome of the cases.
33             (v)  Course  materials or research materials used by
34        faculty members.
 
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 1             (w)  Information  related  solely  to  the  internal
 2        personnel rules and practices of a public body.
 3             (x)  Information  contained   in   or   related   to
 4        examination, operating, or condition reports prepared by,
 5        on behalf of, or for the use of a public body responsible
 6        for   the   regulation   or   supervision   of  financial
 7        institutions or insurance companies, unless disclosure is
 8        otherwise required by State law.
 9             (y)  Information  the   disclosure   of   which   is
10        restricted  under  Section  5-108 of the Public Utilities
11        Act.
12             (z)  Manuals or instruction to staff that relate  to
13        establishment  or  collection  of liability for any State
14        tax or that relate to investigations by a public body  to
15        determine violation of any criminal law.
16             (aa)  Applications,  related  documents, and medical
17        records    received    by    the    Experimental    Organ
18        Transplantation  Procedures  Board  and   any   and   all
19        documents  or  other records prepared by the Experimental
20        Organ  Transplantation  Procedures  Board  or  its  staff
21        relating to applications it has received.
22             (bb)  Insurance or  self  insurance  (including  any
23        intergovernmental  risk  management  association  or self
24        insurance  pool)  claims,   loss   or   risk   management
25        information, records, data, advice or communications.
26             (cc)  Information and records held by the Department
27        of  Public  Health  and  its  authorized  representatives
28        relating   to   known  or  suspected  cases  of  sexually
29        transmissible disease or any information  the  disclosure
30        of  which  is  restricted  under  the  Illinois  Sexually
31        Transmissible Disease Control Act.
32             (dd)  Information   the   disclosure   of  which  is
33        exempted under Section 30 of the Radon Industry Licensing
34        Act.
 
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 1             (ee)  Firm performance evaluations under Section  55
 2        of  the  Architectural,  Engineering,  and Land Surveying
 3        Qualifications Based Selection Act.
 4             (ff)  Security portions  of  system  safety  program
 5        plans,  investigation reports, surveys, schedules, lists,
 6        data, or information compiled, collected, or prepared  by
 7        or   for  the  Regional  Transportation  Authority  under
 8        Section 2.11 of the Regional Transportation Authority Act
 9        or the  St.  Clair  County  Transit  District  under  the
10        Bi-State Transit Safety Act.
11             (gg)  Information   the   disclosure   of  which  is
12        restricted and exempted under Section 50 of the  Illinois
13        Prepaid Tuition Act.
14             (hh)  Information   the   disclosure   of  which  is
15        exempted under Section 80 of the State Gift Ban Act.
16             (ii)  Beginning July 1, 1999, information that would
17        disclose or might lead to the  disclosure  of  secret  or
18        confidential information, codes, algorithms, programs, or
19        private  keys intended to be used to create electronic or
20        digital signatures under the Electronic Commerce Security
21        Act.
22             (jj)  Information contained  in  a  local  emergency
23        energy  plan  submitted  to  a municipality in accordance
24        with a local emergency  energy  plan  ordinance  that  is
25        adopted under Section 11-21.5-5 of the Illinois Municipal
26        Code.
27             (kk)  Information    and    data    concerning   the
28        distribution of surcharge moneys collected  and  remitted
29        by   wireless   carriers  under  the  Wireless  Emergency
30        Telephone Safety Act.
31             (ll)  Vulnerability assessments, security  measures,
32        and  response  policies  or  plans  that  are designed to
33        identify, prevent, or respond to potential attacks upon a
34        community's  population  or   systems,   facilities,   or
 
                            -14-     LRB093 03731 JAM 14274 a
 1        installations,  the destruction or contamination of which
 2        would constitute a clear and present danger to the health
 3        or safety of the community, but only to the  extent  that
 4        disclosure could reasonably be expected to jeopardize the
 5        effectiveness  of  the  measures  or  the  safety  of the
 6        personnel who implement them or the public.   Information
 7        exempt under this item may include such things as details
 8        pertaining to the mobilization or deployment of personnel
 9        or  equipment,  to the operation of communication systems
10        or protocols, or to tactical operations.
11             (mm)  Maps and other records regarding the  location
12        or  security  of  a  utility's  generation, transmission,
13        distribution, storage, gathering, treatment, or switching
14        facilities.
15        (2)  This  Section  does  not  authorize  withholding  of
16    information or limit  the  availability  of  records  to  the
17    public,  except  as  stated  in  this  Section  or  otherwise
18    provided in this Act.
19    (Source:  P.A.  91-137,  eff.  7-16-99; 91-357, eff. 7-29-99;
20    91-660, eff. 12-22-99;  92-16,  eff.  6-28-01;  92-241,  eff.
21    8-3-01;  92-281,  eff.  8-7-01; 92-645, eff. 7-11-02; 92-651,
22    eff. 7-11-02.)".