093_HB0539

 
                                     LRB093 04303 JAM 04349 b

 1        AN ACT concerning freedom of information.

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

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

 6        (5 ILCS 140/7) (from Ch. 116, par. 207)
 7        Sec. 7.  Exemptions.
 8        (1)  The following shall be exempt  from  inspection  and
 9    copying:
10             (a)  Information    specifically   prohibited   from
11        disclosure  by  federal  or  State  law  or   rules   and
12        regulations adopted under federal or State law.
13             (b)  Information    that,    if   disclosed,   would
14        constitute a clearly  unwarranted  invasion  of  personal
15        privacy, unless the disclosure is consented to in writing
16        by  the  individual  subjects  of  the  information.  The
17        disclosure of information that bears on the public duties
18        of public employees and officials shall not be considered
19        an invasion of personal  privacy.   Information  exempted
20        under  this  subsection  (b)  shall  include  but  is not
21        limited to:
22                  (i)  files and personal information  maintained
23             with   respect   to  clients,  patients,  residents,
24             students  or  other  individuals  receiving  social,
25             medical,   educational,    vocational,    financial,
26             supervisory  or  custodial care or services directly
27             or  indirectly  from  federal  agencies  or   public
28             bodies;
29                  (ii)  personnel  files and personal information
30             maintained with respect to employees, appointees  or
31             elected  officials  of any public body or applicants
 
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 1             for those positions;
 2                  (iii)  files    and    personal     information
 3             maintained with respect to any applicant, registrant
 4             or  licensee  by any public body cooperating with or
 5             engaged    in    professional    or     occupational
 6             registration, licensure or discipline;
 7                  (iv)  information  required  of any taxpayer in
 8             connection with the assessment or collection of  any
 9             tax unless disclosure is otherwise required by State
10             statute; and
11                  (v)  information   revealing  the  identity  of
12             persons  who  file  complaints   with   or   provide
13             information  to  administrative,  investigative, law
14             enforcement or penal  agencies;  provided,  however,
15             that   identification   of   witnesses   to  traffic
16             accidents,  traffic  accident  reports,  and  rescue
17             reports  may  be  provided  by  agencies  of   local
18             government,  except  in  a case for which a criminal
19             investigation is  ongoing,  without  constituting  a
20             clearly  unwarranted   per  se  invasion of personal
21             privacy under this subsection.
22             (c)  Records  compiled  by  any  public   body   for
23        administrative   enforcement   proceedings  and  any  law
24        enforcement or correctional agency  for  law  enforcement
25        purposes  or  for  internal matters of a public body, but
26        only to the extent that disclosure would:
27                  (i)  interfere with  pending  or  actually  and
28             reasonably  contemplated law enforcement proceedings
29             conducted by any  law  enforcement  or  correctional
30             agency;
31                  (ii)  interfere   with  pending  administrative
32             enforcement  proceedings  conducted  by  any  public
33             body;
34                  (iii)  deprive a person of a fair trial  or  an
 
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 1             impartial hearing;
 2                  (iv)  unavoidably  disclose  the  identity of a
 3             confidential  source  or  confidential   information
 4             furnished only by the confidential source;
 5                  (v)  disclose     unique     or     specialized
 6             investigative  techniques other than those generally
 7             used and known or  disclose  internal  documents  of
 8             correctional    agencies   related   to   detection,
 9             observation or investigation of incidents  of  crime
10             or misconduct;
11                  (vi)  constitute   an   invasion   of  personal
12             privacy under subsection (b) of this Section;
13                  (vii)  endanger the life or physical safety  of
14             law enforcement personnel or any other person; or
15                  (viii)  obstruct     an     ongoing    criminal
16             investigation.
17             (d)  Criminal history record information  maintained
18        by  State  or local criminal justice agencies, except the
19        following which shall be open for public  inspection  and
20        copying:
21                  (i)  chronologically      maintained     arrest
22             information, such  as  traditional  arrest  logs  or
23             blotters;
24                  (ii)  the  name of a person in the custody of a
25             law enforcement agency and  the  charges  for  which
26             that person is being held;
27                  (iii)  court records that are public;
28                  (iv)  records   that  are  otherwise  available
29             under State or local law; or
30                  (v)  records in which the requesting  party  is
31             the  individual identified, except as provided under
32             part (vii) of paragraph (c)  of  subsection  (1)  of
33             this Section.
34             "Criminal  history  record  information"  means data
 
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 1        identifiable  to  an   individual   and   consisting   of
 2        descriptions   or   notations   of  arrests,  detentions,
 3        indictments, informations, pre-trial proceedings, trials,
 4        or other formal events in the criminal justice system  or
 5        descriptions  or notations of criminal charges (including
 6        criminal violations of local  municipal  ordinances)  and
 7        the   nature   of   any  disposition  arising  therefrom,
 8        including sentencing, court or correctional  supervision,
 9        rehabilitation  and  release.  The term does not apply to
10        statistical records and reports in which individuals  are
11        not  identified  and  from which their identities are not
12        ascertainable, or to information  that  is  for  criminal
13        investigative or intelligence purposes.
14             (e)  Records  that  relate to or affect the security
15        of correctional institutions and detention facilities.
16             (f)  Preliminary  drafts,  notes,   recommendations,
17        memoranda   and  other  records  in  which  opinions  are
18        expressed, or policies or actions are formulated,  except
19        that  a  specific  record or relevant portion of a record
20        shall not be exempt when the record is publicly cited and
21        identified by the head of the public body. The  exemption
22        provided  in  this  paragraph  (f)  extends  to all those
23        records of officers and agencies of the General  Assembly
24        that pertain to the preparation of legislative documents.
25             (g)  Trade   secrets  and  commercial  or  financial
26        information obtained from a person or business where  the
27        trade  secrets or information are proprietary, privileged
28        or confidential, or where disclosure of the trade secrets
29        or information may cause competitive harm, including  all
30        information  determined  to be confidential under Section
31        4002 of the Technology Advancement and  Development  Act.
32        Nothing   contained   in  this  paragraph  (g)  shall  be
33        construed to prevent a person or business from consenting
34        to disclosure.
 
                            -5-      LRB093 04303 JAM 04349 b
 1             (h)  Proposals and bids for any contract, grant,  or
 2        agreement,   including   information  which  if  it  were
 3        disclosed  would  frustrate  procurement   or   give   an
 4        advantage  to  any  person  proposing  to  enter  into  a
 5        contractor  agreement  with  the  body, until an award or
 6        final selection is made.  Information prepared by or  for
 7        the  body  in  preparation of a bid solicitation shall be
 8        exempt until an award or final selection is made.
 9             (i)  Valuable formulae, computer geographic systems,
10        designs, drawings and research data obtained or  produced
11        by  any  public  body when disclosure could reasonably be
12        expected to produce private  gain  or  public  loss.  For
13        purposes  of  this  subsection,  "private  gain or public
14        loss" shall not apply to requests made by news  media  as
15        defined  in  Section  2  of  this  Act when the principal
16        purpose of the  request  is  to  access  and  disseminate
17        information  regarding  the  health,  safety, welfare, or
18        legal rights of the general public.
19             (j)  Test  questions,   scoring   keys   and   other
20        examination   data   used   to   administer  an  academic
21        examination  or  determined  the  qualifications  of   an
22        applicant for a license or employment.
23             (k)  Architects'   plans  and  engineers'  technical
24        submissions for projects not constructed or developed  in
25        whole  or  in  part  with  public  funds and for projects
26        constructed or developed with public funds, to the extent
27        that disclosure would compromise security.
28             (l)  Library   circulation   and    order    records
29        identifying library users with specific materials.
30             (m)  Minutes  of meetings of public bodies closed to
31        the public as provided in the Open Meetings Act until the
32        public body makes the minutes  available  to  the  public
33        under Section 2.06 of the Open Meetings Act.
34             (n)  Communications  between  a  public  body and an
 
                            -6-      LRB093 04303 JAM 04349 b
 1        attorney or auditor representing  the  public  body  that
 2        would  not  be  subject  to  discovery in litigation, and
 3        materials prepared or compiled by or for a public body in
 4        anticipation  of  a  criminal,  civil  or  administrative
 5        proceeding upon the request of an attorney  advising  the
 6        public  body,  and  materials  prepared  or compiled with
 7        respect to internal audits of public bodies.
 8             (o)  Information received by a primary or  secondary
 9        school,  college  or  university under its procedures for
10        the evaluation  of  faculty  members  by  their  academic
11        peers.
12             (p)  Administrative    or    technical   information
13        associated with  automated  data  processing  operations,
14        including   but   not   limited  to  software,  operating
15        protocols,  computer  program  abstracts,  file  layouts,
16        source  listings,  object  modules,  load  modules,  user
17        guides,  documentation  pertaining  to  all  logical  and
18        physical  design  of   computerized   systems,   employee
19        manuals,  and  any  other information that, if disclosed,
20        would jeopardize the security of the system or  its  data
21        or the security of materials exempt under this Section.
22             (q)  Documents  or  materials relating to collective
23        negotiating  matters  between  public  bodies  and  their
24        employees  or  representatives,  except  that  any  final
25        contract or agreement shall be subject to inspection  and
26        copying.
27             (r)  Drafts,  notes,  recommendations  and memoranda
28        pertaining to the financing and marketing transactions of
29        the public body. The records of ownership,  registration,
30        transfer, and exchange of municipal debt obligations, and
31        of   persons  to  whom  payment  with  respect  to  these
32        obligations is made.
33             (s)  The records, documents and information relating
34        to  real  estate  purchase   negotiations   until   those
 
                            -7-      LRB093 04303 JAM 04349 b
 1        negotiations have been completed or otherwise terminated.
 2        With regard to a parcel involved in a pending or actually
 3        and  reasonably  contemplated  eminent  domain proceeding
 4        under  Article  VII  of  the  Code  of  Civil  Procedure,
 5        records,  documents  and  information  relating  to  that
 6        parcel shall be exempt except as  may  be  allowed  under
 7        discovery  rules  adopted  by the Illinois Supreme Court.
 8        The records, documents and information relating to a real
 9        estate sale shall be exempt until a sale is consummated.
10             (t)  Any and all proprietary information and records
11        related to the operation  of  an  intergovernmental  risk
12        management  association or self-insurance pool or jointly
13        self-administered  health  and  accident  cooperative  or
14        pool.
15             (u)  Information    concerning    a     university's
16        adjudication   of   student   or  employee  grievance  or
17        disciplinary cases, to the extent that  disclosure  would
18        reveal  the  identity  of  the  student  or  employee and
19        information concerning any public body's adjudication  of
20        student  or  employee  grievances  or disciplinary cases,
21        except for the final outcome of the cases.
22             (v)  Course materials or research materials used  by
23        faculty members.
24             (w)  Information  related  solely  to  the  internal
25        personnel rules and practices of a public body.
26             (x)  Information   contained   in   or   related  to
27        examination, operating, or condition reports prepared by,
28        on behalf of, or for the use of a public body responsible
29        for  the   regulation   or   supervision   of   financial
30        institutions or insurance companies, unless disclosure is
31        otherwise required by State law.
32             (y)  Information   the   disclosure   of   which  is
33        restricted under Section 5-108 of  the  Public  Utilities
34        Act.
 
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 1             (z)  Manuals  or instruction to staff that relate to
 2        establishment or collection of liability  for  any  State
 3        tax  or that relate to investigations by a public body to
 4        determine violation of any criminal law.
 5             (aa)  Applications, related documents,  and  medical
 6        records    received    by    the    Experimental    Organ
 7        Transplantation   Procedures   Board   and  any  and  all
 8        documents or other records prepared by  the  Experimental
 9        Organ  Transplantation  Procedures  Board  or  its  staff
10        relating to applications it has received.
11             (bb)  Insurance  or  self  insurance  (including any
12        intergovernmental risk  management  association  or  self
13        insurance   pool)   claims,   loss   or  risk  management
14        information, records, data, advice or communications.
15             (cc)  Information and records held by the Department
16        of  Public  Health  and  its  authorized  representatives
17        relating  to  known  or  suspected  cases   of   sexually
18        transmissible  disease  or any information the disclosure
19        of  which  is  restricted  under  the  Illinois  Sexually
20        Transmissible Disease Control Act.
21             (dd)  Information  the  disclosure   of   which   is
22        exempted under Section 30 of the Radon Industry Licensing
23        Act.
24             (ee)  Firm  performance evaluations under Section 55
25        of the Architectural,  Engineering,  and  Land  Surveying
26        Qualifications Based Selection Act.
27             (ff)  Security  portions  of  system  safety program
28        plans, investigation reports, surveys, schedules,  lists,
29        data,  or information compiled, collected, or prepared by
30        or  for  the  Regional  Transportation  Authority   under
31        Section 2.11 of the Regional Transportation Authority Act
32        or  the  St.  Clair  County  Transit  District  under the
33        Bi-State Transit Safety Act.
34             (gg)  Information  the  disclosure   of   which   is
 
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 1        restricted  and exempted under Section 50 of the Illinois
 2        Prepaid Tuition Act.
 3             (hh)  Information  the  disclosure   of   which   is
 4        exempted under Section 80 of the State Gift Ban Act.
 5             (ii)  Beginning July 1, 1999, information that would
 6        disclose  or  might  lead  to the disclosure of secret or
 7        confidential information, codes, algorithms, programs, or
 8        private keys intended to be used to create electronic  or
 9        digital signatures under the Electronic Commerce Security
10        Act.
11             (jj)  Information  contained  in  a  local emergency
12        energy plan submitted to  a  municipality  in  accordance
13        with  a  local  emergency  energy  plan ordinance that is
14        adopted under Section 11-21.5-5 of the Illinois Municipal
15        Code.
16             (kk)  Information   and    data    concerning    the
17        distribution  of  surcharge moneys collected and remitted
18        by  wireless  carriers  under  the   Wireless   Emergency
19        Telephone Safety Act.
20        (2)  This  Section  does  not  authorize  withholding  of
21    information  or  limit  the  availability  of  records to the
22    public,  except  as  stated  in  this  Section  or  otherwise
23    provided in this Act.
24    (Source: P.A. 91-137, eff.  7-16-99;  91-357,  eff.  7-29-99;
25    91-660,  eff.  12-22-99;  92-16,  eff.  6-28-01; 92-241, eff.
26    8-3-01; 92-281, eff. 8-7-01; 92-645,  eff.  7-11-02;  92-651,
27    eff. 7-11-02.)

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