093_SB1510sam002











                                     LRB093 08595 BDD 13845 a

 1                    AMENDMENT TO SENATE BILL 1510

 2        AMENDMENT NO.     .  Amend Senate Bill 1510, AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Freedom of Information Act is amended by
 6    changing Sections 2 and 7 as follows:

 7        (5 ILCS 140/2) (from Ch. 116, par. 202)
 8        Sec. 2.  Definitions.  As used in this Act:
 9        (a)  "Public  body"  means  any  legislative,  executive,
10    administrative,  or  advisory  bodies  of  the  State,  state
11    universities  and  colleges,  counties,  townships,   cities,
12    villages,  incorporated towns, school districts and all other
13    municipal  corporations,  boards,  bureaus,  committees,   or
14    commissions  of  this  State, any subsidiary bodies of any of
15    the foregoing including but not  limited  to  committees  and
16    subcommittees  which are supported in whole or in part by tax
17    revenue, or which expend tax revenue, and  a  School  Finance
18    Authority  created  under  Article  1E  of  the  School Code.
19    "Public body" does not include a child death review  team  or
20    the  Illinois  Child  Death  Review  Teams  Executive Council
21    established under the Child Death Review Team Act.
22        (b)  "Person"   means   any   individual,    corporation,
 
                            -2-      LRB093 08595 BDD 13845 a
 1    partnership,   firm,   organization  or  association,  acting
 2    individually or as a group.
 3        (c)  "Public records" means all records, reports,  forms,
 4    writings,    letters,   memoranda,   books,   papers,   maps,
 5    photographs, microfilms, cards, tapes, recordings, electronic
 6    data processing records, recorded information and  all  other
 7    documentary   materials,   regardless  of  physical  form  or
 8    characteristics, having been  prepared,  or  having  been  or
 9    being  used,  received, possessed or under the control of any
10    public body.  "Public records" includes, but is expressly not
11    limited to:  (i) administrative  manuals,  procedural  rules,
12    and instructions to staff, unless exempted by Section 7(p) of
13    this  Act;  (ii)  final  opinions  and  orders  made  in  the
14    adjudication  of  cases,  except an educational institution's
15    adjudication of student or employee grievance or disciplinary
16    cases;  (iii)  substantive   rules;   (iv)   statements   and
17    interpretations of policy which have been adopted by a public
18    body;  (v)  final  planning  policies,  recommendations,  and
19    decisions;  (vi)  factual  reports,  inspection  reports, and
20    studies whether prepared by or for the public body; (vii) all
21    information in any account, voucher, or contract dealing with
22    the receipt or expenditure of public or other funds of public
23    bodies; (viii) the names,  salaries,  titles,  and  dates  of
24    employment  of  all  employees and officers of public bodies;
25    (ix) materials containing opinions concerning the  rights  of
26    the  state,  the  public,  a  subdivision of state or a local
27    government, or of any private persons; (x) the name of  every
28    official  and  the final records of voting in all proceedings
29    of public bodies; (xi) applications for any contract, permit,
30    grant, or agreement except as  exempted  from  disclosure  by
31    subsection  (g)  of Section 7 of this Act; (xii) each report,
32    document,  study,  or  publication  prepared  by  independent
33    consultants or other independent contractors for  the  public
34    body; (xiii) all other information required by law to be made
 
                            -3-      LRB093 08595 BDD 13845 a
 1    available for public inspection or copying; (xiv) information
 2    relating to any grant or contract made by or between a public
 3    body  and  another  public body or private organization; (xv)
 4    waiver documents  filed  with  the  State  Superintendent  of
 5    Education  or  the  president  of  the University of Illinois
 6    under Section 30-12.5 of the School Code, concerning nominees
 7    for General Assembly scholarships under Sections 30-9, 30-10,
 8    and 30-11 of the School Code; (xvi)  complaints,  results  of
 9    complaints,  and  Department  of Children and Family Services
10    staff  findings  of  licensing   violations   at   day   care
11    facilities,    provided   that   personal   and   identifying
12    information is not released;  and  (xvii)  records,  reports,
13    forms, writings, letters, memoranda, books, papers, and other
14    documentary  information,  regardless  of  physical  form  or
15    characteristics,  having  been  prepared,  or  having been or
16    being used, received, possessed, or under the control of  the
17    Illinois Sports Facilities Authority dealing with the receipt
18    or  expenditure  of  public  funds  or  other  funds  of  the
19    Authority  in connection with the reconstruction, renovation,
20    remodeling, extension, or improvement of all or substantially
21    all of an existing "facility" as that term is defined in  the
22    Illinois Sports Facilities Authority Act. Venture capital and
23    private  equity  portfolio  information  and  data  held by a
24    public  body,  including  public  pension  funds,  shall   be
25    considered confidential and not a public record.
26        (d)  "Copying"  means  the  reproduction  of  any  public
27    record  by  means of any photographic, electronic, mechanical
28    or other process, device or means.
29        (e)  "Head of  the  public  body"  means  the  president,
30    mayor, chairman, presiding officer, director, superintendent,
31    manager,  supervisor  or individual otherwise holding primary
32    executive and administrative authority for the  public  body,
33    or such person's duly authorized designee.
34        (f)  "News  media"  means a newspaper or other periodical
 
                            -4-      LRB093 08595 BDD 13845 a
 1    issued at regular intervals whether in  print  or  electronic
 2    format, a news service whether in print or electronic format,
 3    a  radio station, a television station, a television network,
 4    a community  antenna  television  service,  or  a  person  or
 5    corporation  engaged  in  making  news  reels or other motion
 6    picture news for public showing.
 7    (Source: P.A. 91-935,  eff.  6-1-01;  92-335,  eff.  8-10-01;
 8    92-468,  eff.  8-22-01;  92-547,  eff.  6-13-02; 92-651, eff.
 9    7-11-02.)

10        (5 ILCS 140/7) (from Ch. 116, par. 207)
11        Sec. 7.  Exemptions.
12        (1)  The following shall be exempt  from  inspection  and
13    copying:
14             (a)  Information    specifically   prohibited   from
15        disclosure  by  federal  or  State  law  or   rules   and
16        regulations adopted under federal or State law.
17             (b)  Information    that,    if   disclosed,   would
18        constitute a clearly  unwarranted  invasion  of  personal
19        privacy, unless the disclosure is consented to in writing
20        by  the  individual  subjects  of  the  information.  The
21        disclosure of information that bears on the public duties
22        of public employees and officials shall not be considered
23        an invasion of personal  privacy.   Information  exempted
24        under  this  subsection  (b)  shall  include  but  is not
25        limited to:
26                  (i)  files and personal information  maintained
27             with   respect   to  clients,  patients,  residents,
28             students  or  other  individuals  receiving  social,
29             medical,   educational,    vocational,    financial,
30             supervisory  or  custodial care or services directly
31             or  indirectly  from  federal  agencies  or   public
32             bodies;
33                  (ii)  personnel  files and personal information
 
                            -5-      LRB093 08595 BDD 13845 a
 1             maintained with respect to employees, appointees  or
 2             elected  officials  of any public body or applicants
 3             for those positions;
 4                  (iii)  files    and    personal     information
 5             maintained with respect to any applicant, registrant
 6             or  licensee  by any public body cooperating with or
 7             engaged    in    professional    or     occupational
 8             registration, licensure or discipline;
 9                  (iv)  information  required  of any taxpayer in
10             connection with the assessment or collection of  any
11             tax unless disclosure is otherwise required by State
12             statute; and
13                  (v)  information   revealing  the  identity  of
14             persons  who  file  complaints   with   or   provide
15             information  to  administrative,  investigative, law
16             enforcement or penal  agencies;  provided,  however,
17             that   identification   of   witnesses   to  traffic
18             accidents,  traffic  accident  reports,  and  rescue
19             reports  may  be  provided  by  agencies  of   local
20             government,  except  in  a case for which a criminal
21             investigation is  ongoing,  without  constituting  a
22             clearly  unwarranted   per  se  invasion of personal
23             privacy under this subsection.
24             (c)  Records  compiled  by  any  public   body   for
25        administrative   enforcement   proceedings  and  any  law
26        enforcement or correctional agency  for  law  enforcement
27        purposes  or  for  internal matters of a public body, but
28        only to the extent that disclosure would:
29                  (i)  interfere with  pending  or  actually  and
30             reasonably  contemplated law enforcement proceedings
31             conducted by any  law  enforcement  or  correctional
32             agency;
33                  (ii)  interfere   with  pending  administrative
34             enforcement  proceedings  conducted  by  any  public
 
                            -6-      LRB093 08595 BDD 13845 a
 1             body;
 2                  (iii)  deprive a person of a fair trial  or  an
 3             impartial hearing;
 4                  (iv)  unavoidably  disclose  the  identity of a
 5             confidential  source  or  confidential   information
 6             furnished only by the confidential source;
 7                  (v)  disclose     unique     or     specialized
 8             investigative  techniques other than those generally
 9             used and known or  disclose  internal  documents  of
10             correctional    agencies   related   to   detection,
11             observation or investigation of incidents  of  crime
12             or misconduct;
13                  (vi)  constitute   an   invasion   of  personal
14             privacy under subsection (b) of this Section;
15                  (vii)  endanger the life or physical safety  of
16             law enforcement personnel or any other person; or
17                  (viii)  obstruct     an     ongoing    criminal
18             investigation.
19             (d)  Criminal history record information  maintained
20        by  State  or local criminal justice agencies, except the
21        following which shall be open for public  inspection  and
22        copying:
23                  (i)  chronologically      maintained     arrest
24             information, such  as  traditional  arrest  logs  or
25             blotters;
26                  (ii)  the  name of a person in the custody of a
27             law enforcement agency and  the  charges  for  which
28             that person is being held;
29                  (iii)  court records that are public;
30                  (iv)  records   that  are  otherwise  available
31             under State or local law; or
32                  (v)  records in which the requesting  party  is
33             the  individual identified, except as provided under
34             part (vii) of paragraph (c)  of  subsection  (1)  of
 
                            -7-      LRB093 08595 BDD 13845 a
 1             this Section.
 2             "Criminal  history  record  information"  means data
 3        identifiable  to  an   individual   and   consisting   of
 4        descriptions   or   notations   of  arrests,  detentions,
 5        indictments, informations, pre-trial proceedings, trials,
 6        or other formal events in the criminal justice system  or
 7        descriptions  or notations of criminal charges (including
 8        criminal violations of local  municipal  ordinances)  and
 9        the   nature   of   any  disposition  arising  therefrom,
10        including sentencing, court or correctional  supervision,
11        rehabilitation  and  release.  The term does not apply to
12        statistical records and reports in which individuals  are
13        not  identified  and  from which their identities are not
14        ascertainable, or to information  that  is  for  criminal
15        investigative or intelligence purposes.
16             (e)  Records  that  relate to or affect the security
17        of correctional institutions and detention facilities.
18             (f)  Preliminary  drafts,  notes,   recommendations,
19        memoranda   and  other  records  in  which  opinions  are
20        expressed, or policies or actions are formulated,  except
21        that  a  specific  record or relevant portion of a record
22        shall not be exempt when the record is publicly cited and
23        identified by the head of the public body. The  exemption
24        provided  in  this  paragraph  (f)  extends  to all those
25        records of officers and agencies of the General  Assembly
26        that pertain to the preparation of legislative documents.
27             (g)  Trade   secrets  and  commercial  or  financial
28        information obtained from a person or business where  the
29        trade  secrets or information are proprietary, privileged
30        or confidential, or where disclosure of the trade secrets
31        or information may cause competitive harm, including  all
32        information  determined  to be confidential under Section
33        4002 of the Technology Advancement and  Development  Act.
34        Nothing   contained   in  this  paragraph  (g)  shall  be
 
                            -8-      LRB093 08595 BDD 13845 a
 1        construed to prevent a person or business from consenting
 2        to  disclosure.  Venture  capital  and   private   equity
 3        portfolio  information  and data held by any public body,
 4        including public pension funds,  which  under  subsection
 5        (c)  of  Section  2 of this Act is confidential and not a
 6        public record, is considered to be financial  information
 7        under  this  subsection  (g).  Nothing in this subsection
 8        (g),  however,  shall  be  construed   to   exempt   from
 9        inspection    and   copying   the   aggregate   financial
10        performance of a venture capital or private equity firm.
11             (h)  Proposals and bids for any contract, grant,  or
12        agreement,   including   information  which  if  it  were
13        disclosed  would  frustrate  procurement   or   give   an
14        advantage  to  any  person  proposing  to  enter  into  a
15        contractor  agreement  with  the  body, until an award or
16        final selection is made.  Information prepared by or  for
17        the  body  in  preparation of a bid solicitation shall be
18        exempt until an award or final selection is made.
19             (i)  Valuable formulae, computer geographic systems,
20        designs, drawings and research data obtained or  produced
21        by  any  public  body when disclosure could reasonably be
22        expected to produce private gain or public loss.
23             (j)  Test  questions,   scoring   keys   and   other
24        examination   data   used   to   administer  an  academic
25        examination  or  determined  the  qualifications  of   an
26        applicant for a license or employment.
27             (k)  Architects'   plans  and  engineers'  technical
28        submissions for projects not constructed or developed  in
29        whole  or  in  part  with  public  funds and for projects
30        constructed or developed with public funds, to the extent
31        that disclosure would compromise security.
32             (l)  Library   circulation   and    order    records
33        identifying library users with specific materials.
34             (m)  Minutes  of meetings of public bodies closed to
 
                            -9-      LRB093 08595 BDD 13845 a
 1        the public as provided in the Open Meetings Act until the
 2        public body makes the minutes  available  to  the  public
 3        under Section 2.06 of the Open Meetings Act.
 4             (n)  Communications  between  a  public  body and an
 5        attorney or auditor representing  the  public  body  that
 6        would  not  be  subject  to  discovery in litigation, and
 7        materials prepared or compiled by or for a public body in
 8        anticipation  of  a  criminal,  civil  or  administrative
 9        proceeding upon the request of an attorney  advising  the
10        public  body,  and  materials  prepared  or compiled with
11        respect to internal audits of public bodies.
12             (o)  Information received by a primary or  secondary
13        school,  college  or  university under its procedures for
14        the evaluation  of  faculty  members  by  their  academic
15        peers.
16             (p)  Administrative    or    technical   information
17        associated with  automated  data  processing  operations,
18        including   but   not   limited  to  software,  operating
19        protocols,  computer  program  abstracts,  file  layouts,
20        source  listings,  object  modules,  load  modules,  user
21        guides,  documentation  pertaining  to  all  logical  and
22        physical  design  of   computerized   systems,   employee
23        manuals,  and  any  other information that, if disclosed,
24        would jeopardize the security of the system or  its  data
25        or the security of materials exempt under this Section.
26             (q)  Documents  or  materials relating to collective
27        negotiating  matters  between  public  bodies  and  their
28        employees  or  representatives,  except  that  any  final
29        contract or agreement shall be subject to inspection  and
30        copying.
31             (r)  Drafts,  notes,  recommendations  and memoranda
32        pertaining to the financing and marketing transactions of
33        the public body. The records of ownership,  registration,
34        transfer, and exchange of municipal debt obligations, and
 
                            -10-     LRB093 08595 BDD 13845 a
 1        of   persons  to  whom  payment  with  respect  to  these
 2        obligations is made.
 3             (s)  The records, documents and information relating
 4        to  real  estate  purchase   negotiations   until   those
 5        negotiations have been completed or otherwise terminated.
 6        With regard to a parcel involved in a pending or actually
 7        and  reasonably  contemplated  eminent  domain proceeding
 8        under  Article  VII  of  the  Code  of  Civil  Procedure,
 9        records,  documents  and  information  relating  to  that
10        parcel shall be exempt except as  may  be  allowed  under
11        discovery  rules  adopted  by the Illinois Supreme Court.
12        The records, documents and information relating to a real
13        estate sale shall be exempt until a sale is consummated.
14             (t)  Any and all proprietary information and records
15        related to the operation  of  an  intergovernmental  risk
16        management  association or self-insurance pool or jointly
17        self-administered  health  and  accident  cooperative  or
18        pool.
19             (u)  Information    concerning    a     university's
20        adjudication   of   student   or  employee  grievance  or
21        disciplinary cases, to the extent that  disclosure  would
22        reveal  the  identity  of  the  student  or  employee and
23        information concerning any public body's adjudication  of
24        student  or  employee  grievances  or disciplinary cases,
25        except for the final outcome of the cases.
26             (v)  Course materials or research materials used  by
27        faculty members.
28             (w)  Information  related  solely  to  the  internal
29        personnel rules and practices of a public body.
30             (x)  Information   contained   in   or   related  to
31        examination, operating, or condition reports prepared by,
32        on behalf of, or for the use of a public body responsible
33        for  the   regulation   or   supervision   of   financial
34        institutions or insurance companies, unless disclosure is
 
                            -11-     LRB093 08595 BDD 13845 a
 1        otherwise required by State law.
 2             (y)  Information   the   disclosure   of   which  is
 3        restricted under Section 5-108 of  the  Public  Utilities
 4        Act.
 5             (z)  Manuals  or instruction to staff that relate to
 6        establishment or collection of liability  for  any  State
 7        tax  or that relate to investigations by a public body to
 8        determine violation of any criminal law.
 9             (aa)  Applications, related documents,  and  medical
10        records    received    by    the    Experimental    Organ
11        Transplantation   Procedures   Board   and  any  and  all
12        documents or other records prepared by  the  Experimental
13        Organ  Transplantation  Procedures  Board  or  its  staff
14        relating to applications it has received.
15             (bb)  Insurance  or  self  insurance  (including any
16        intergovernmental risk  management  association  or  self
17        insurance   pool)   claims,   loss   or  risk  management
18        information, records, data, advice or communications.
19             (cc)  Information and records held by the Department
20        of  Public  Health  and  its  authorized  representatives
21        relating  to  known  or  suspected  cases   of   sexually
22        transmissible  disease  or any information the disclosure
23        of  which  is  restricted  under  the  Illinois  Sexually
24        Transmissible Disease Control Act.
25             (dd)  Information  the  disclosure   of   which   is
26        exempted under Section 30 of the Radon Industry Licensing
27        Act.
28             (ee)  Firm  performance evaluations under Section 55
29        of the Architectural,  Engineering,  and  Land  Surveying
30        Qualifications Based Selection Act.
31             (ff)  Security  portions  of  system  safety program
32        plans, investigation reports, surveys, schedules,  lists,
33        data,  or information compiled, collected, or prepared by
34        or  for  the  Regional  Transportation  Authority   under
 
                            -12-     LRB093 08595 BDD 13845 a
 1        Section 2.11 of the Regional Transportation Authority Act
 2        or  the  St.  Clair  County  Transit  District  under the
 3        Bi-State Transit Safety Act.
 4             (gg)  Information  the  disclosure   of   which   is
 5        restricted  and exempted under Section 50 of the Illinois
 6        Prepaid Tuition Act.
 7             (hh)  Information  the  disclosure   of   which   is
 8        exempted under Section 80 of the State Gift Ban Act.
 9             (ii)  Beginning July 1, 1999, information that would
10        disclose  or  might  lead  to the disclosure of secret or
11        confidential information, codes, algorithms, programs, or
12        private keys intended to be used to create electronic  or
13        digital signatures under the Electronic Commerce Security
14        Act.
15             (jj)  Information  contained  in  a  local emergency
16        energy plan submitted to  a  municipality  in  accordance
17        with  a  local  emergency  energy  plan ordinance that is
18        adopted under Section 11-21.5-5 of the Illinois Municipal
19        Code.
20             (kk)  Information   and    data    concerning    the
21        distribution  of  surcharge moneys collected and remitted
22        by  wireless  carriers  under  the   Wireless   Emergency
23        Telephone Safety Act.
24        (2)  This  Section  does  not  authorize  withholding  of
25    information  or  limit  the  availability  of  records to the
26    public,  except  as  stated  in  this  Section  or  otherwise
27    provided in this Act.
28    (Source: P.A. 91-137, eff.  7-16-99;  91-357,  eff.  7-29-99;
29    91-660,  eff.  12-22-99;  92-16,  eff.  6-28-01; 92-241, eff.
30    8-3-01; 92-281, eff. 8-7-01; 92-645,  eff.  7-11-02;  92-651,
31    eff. 7-11-02.)".