093_SB1510sam003











                                     LRB093 08595 JAM 14244 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 Section 7 as follows:

 7        (5 ILCS 140/7) (from Ch. 116, par. 207)
 8        Sec. 7.  Exemptions.
 9        (1)  The following shall be exempt  from  inspection  and
10    copying:
11             (a)  Information    specifically   prohibited   from
12        disclosure  by  federal  or  State  law  or   rules   and
13        regulations adopted under federal or State law.
14             (b)  Information    that,    if   disclosed,   would
15        constitute a clearly  unwarranted  invasion  of  personal
16        privacy, unless the disclosure is consented to in writing
17        by  the  individual  subjects  of  the  information.  The
18        disclosure of information that bears on the public duties
19        of public employees and officials shall not be considered
20        an invasion of personal  privacy.   Information  exempted
21        under  this  subsection  (b)  shall  include  but  is not
22        limited to:
 
                            -2-      LRB093 08595 JAM 14244 a
 1                  (i)  files and personal information  maintained
 2             with   respect   to  clients,  patients,  residents,
 3             students  or  other  individuals  receiving  social,
 4             medical,   educational,    vocational,    financial,
 5             supervisory  or  custodial care or services directly
 6             or  indirectly  from  federal  agencies  or   public
 7             bodies;
 8                  (ii)  personnel  files and personal information
 9             maintained with respect to employees, appointees  or
10             elected  officials  of any public body or applicants
11             for those positions;
12                  (iii)  files    and    personal     information
13             maintained with respect to any applicant, registrant
14             or  licensee  by any public body cooperating with or
15             engaged    in    professional    or     occupational
16             registration, licensure or discipline;
17                  (iv)  information  required  of any taxpayer in
18             connection with the assessment or collection of  any
19             tax unless disclosure is otherwise required by State
20             statute; and
21                  (v)  information   revealing  the  identity  of
22             persons  who  file  complaints   with   or   provide
23             information  to  administrative,  investigative, law
24             enforcement or penal  agencies;  provided,  however,
25             that   identification   of   witnesses   to  traffic
26             accidents,  traffic  accident  reports,  and  rescue
27             reports  may  be  provided  by  agencies  of   local
28             government,  except  in  a case for which a criminal
29             investigation is  ongoing,  without  constituting  a
30             clearly  unwarranted   per  se  invasion of personal
31             privacy under this subsection.
32             (c)  Records  compiled  by  any  public   body   for
33        administrative   enforcement   proceedings  and  any  law
34        enforcement or correctional agency  for  law  enforcement
 
                            -3-      LRB093 08595 JAM 14244 a
 1        purposes  or  for  internal matters of a public body, but
 2        only to the extent 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;
 7                  (ii)  interfere   with  pending  administrative
 8             enforcement  proceedings  conducted  by  any  public
 9             body;
10                  (iii)  deprive a person of a fair trial  or  an
11             impartial hearing;
12                  (iv)  unavoidably  disclose  the  identity of a
13             confidential  source  or  confidential   information
14             furnished only by the confidential source;
15                  (v)  disclose     unique     or     specialized
16             investigative  techniques other than those generally
17             used and known or  disclose  internal  documents  of
18             correctional    agencies   related   to   detection,
19             observation or investigation of incidents  of  crime
20             or misconduct;
21                  (vi)  constitute   an   invasion   of  personal
22             privacy under subsection (b) of this Section;
23                  (vii)  endanger the life or physical safety  of
24             law enforcement personnel or any other person; or
25                  (viii)  obstruct     an     ongoing    criminal
26             investigation.
27             (d)  Criminal history record information  maintained
28        by  State  or local criminal justice agencies, except the
29        following which shall be open for public  inspection  and
30        copying:
31                  (i)  chronologically      maintained     arrest
32             information, such  as  traditional  arrest  logs  or
33             blotters;
34                  (ii)  the  name of a person in the custody of a
 
                            -4-      LRB093 08595 JAM 14244 a
 1             law enforcement agency and  the  charges  for  which
 2             that person is being held;
 3                  (iii)  court records that are public;
 4                  (iv)  records   that  are  otherwise  available
 5             under State or local law; or
 6                  (v)  records in which the requesting  party  is
 7             the  individual identified, except as provided under
 8             part (vii) of paragraph (c)  of  subsection  (1)  of
 9             this Section.
10             "Criminal  history  record  information"  means data
11        identifiable  to  an   individual   and   consisting   of
12        descriptions   or   notations   of  arrests,  detentions,
13        indictments, informations, pre-trial proceedings, trials,
14        or other formal events in the criminal justice system  or
15        descriptions  or notations of criminal charges (including
16        criminal violations of local  municipal  ordinances)  and
17        the   nature   of   any  disposition  arising  therefrom,
18        including sentencing, court or correctional  supervision,
19        rehabilitation  and  release.  The term does not apply to
20        statistical records and reports in which individuals  are
21        not  identified  and  from which their identities are not
22        ascertainable, or to information  that  is  for  criminal
23        investigative or intelligence purposes.
24             (e)  Records  that  relate to or affect the security
25        of correctional institutions and detention facilities.
26             (f)  Preliminary  drafts,  notes,   recommendations,
27        memoranda   and  other  records  in  which  opinions  are
28        expressed, or policies or actions are formulated,  except
29        that  a  specific  record or relevant portion of a record
30        shall not be exempt when the record is publicly cited and
31        identified by the head of the public body. The  exemption
32        provided  in  this  paragraph  (f)  extends  to all those
33        records of officers and agencies of the General  Assembly
34        that pertain to the preparation of legislative documents.
 
                            -5-      LRB093 08595 JAM 14244 a
 1             (g)  Trade   secrets  and  commercial  or  financial
 2        information obtained from a person or business where  the
 3        trade  secrets or information are proprietary, privileged
 4        or confidential, or where disclosure of the trade secrets
 5        or information may cause competitive harm, including:
 6                  (i)  All   information   determined    to    be
 7             confidential  under  Section  4002 of the Technology
 8             Advancement and Development Act.
 9                  (ii)  Venture  capital   and   private   equity
10             portfolio  information  of  privately held companies
11             possessed by  a  public  body,  including  a  public
12             pension  fund,  for  the  purpose  of  investing and
13             managing public funds. The  exemption  contained  in
14             this  item does not apply to the aggregate financial
15             performance of a venture capital or  private  equity
16             firm.
17        Nothing   contained   in  this  paragraph  (g)  shall  be
18    construed to prevent a person or business from consenting  to
19    disclosure.
20             (h)  Proposals  and bids for any contract, grant, or
21        agreement,  including  information  which  if   it   were
22        disclosed   would   frustrate   procurement  or  give  an
23        advantage  to  any  person  proposing  to  enter  into  a
24        contractor agreement with the body,  until  an  award  or
25        final  selection is made.  Information prepared by or for
26        the body in preparation of a bid  solicitation  shall  be
27        exempt until an award or final selection is made.
28             (i)  Valuable formulae, computer geographic systems,
29        designs,  drawings and research data obtained or produced
30        by any public body when disclosure  could  reasonably  be
31        expected to produce private gain or public loss.
32             (j)  Test   questions,   scoring   keys   and  other
33        examination  data  used   to   administer   an   academic
34        examination   or  determined  the  qualifications  of  an
 
                            -6-      LRB093 08595 JAM 14244 a
 1        applicant for a license or employment.
 2             (k)  Architects'  plans  and  engineers'   technical
 3        submissions  for projects not constructed or developed in
 4        whole or in part  with  public  funds  and  for  projects
 5        constructed or developed with public funds, to the extent
 6        that disclosure would compromise security.
 7             (l)  Library    circulation    and   order   records
 8        identifying library users with specific materials.
 9             (m)  Minutes of meetings of public bodies closed  to
10        the public as provided in the Open Meetings Act until the
11        public  body  makes  the  minutes available to the public
12        under Section 2.06 of the Open Meetings Act.
13             (n)  Communications between a  public  body  and  an
14        attorney  or  auditor  representing  the public body that
15        would not be subject  to  discovery  in  litigation,  and
16        materials prepared or compiled by or for a public body in
17        anticipation  of  a  criminal,  civil  or  administrative
18        proceeding  upon  the request of an attorney advising the
19        public body, and  materials  prepared  or  compiled  with
20        respect to internal audits of public bodies.
21             (o)  Information  received by a primary or secondary
22        school, college or university under  its  procedures  for
23        the  evaluation  of  faculty  members  by  their academic
24        peers.
25             (p)  Administrative   or    technical    information
26        associated  with  automated  data  processing operations,
27        including  but  not  limited   to   software,   operating
28        protocols,  computer  program  abstracts,  file  layouts,
29        source  listings,  object  modules,  load  modules,  user
30        guides,  documentation  pertaining  to  all  logical  and
31        physical   design   of   computerized  systems,  employee
32        manuals, and any other information  that,  if  disclosed,
33        would  jeopardize  the security of the system or its data
34        or the security of materials exempt under this Section.
 
                            -7-      LRB093 08595 JAM 14244 a
 1             (q)  Documents or materials relating  to  collective
 2        negotiating  matters  between  public  bodies  and  their
 3        employees  or  representatives,  except  that  any  final
 4        contract  or agreement shall be subject to inspection and
 5        copying.
 6             (r)  Drafts, notes,  recommendations  and  memoranda
 7        pertaining to the financing and marketing transactions of
 8        the  public body. The records of ownership, registration,
 9        transfer, and exchange of municipal debt obligations, and
10        of  persons  to  whom  payment  with  respect  to   these
11        obligations is made.
12             (s)  The records, documents and information relating
13        to   real   estate   purchase  negotiations  until  those
14        negotiations have been completed or otherwise terminated.
15        With regard to a parcel involved in a pending or actually
16        and reasonably  contemplated  eminent  domain  proceeding
17        under  Article  VII  of  the  Code  of  Civil  Procedure,
18        records,  documents  and  information  relating  to  that
19        parcel  shall  be  exempt  except as may be allowed under
20        discovery rules adopted by the  Illinois  Supreme  Court.
21        The records, documents and information relating to a real
22        estate sale shall be exempt until a sale is consummated.
23             (t)  Any and all proprietary information and records
24        related  to  the  operation  of an intergovernmental risk
25        management association or self-insurance pool or  jointly
26        self-administered  health  and  accident  cooperative  or
27        pool.
28             (u)  Information     concerning    a    university's
29        adjudication  of  student  or   employee   grievance   or
30        disciplinary  cases,  to the extent that disclosure would
31        reveal the  identity  of  the  student  or  employee  and
32        information  concerning any public body's adjudication of
33        student or employee  grievances  or  disciplinary  cases,
34        except for the final outcome of the cases.
 
                            -8-      LRB093 08595 JAM 14244 a
 1             (v)  Course  materials or research materials used by
 2        faculty members.
 3             (w)  Information  related  solely  to  the  internal
 4        personnel rules and practices of a public body.
 5             (x)  Information  contained   in   or   related   to
 6        examination, operating, or condition reports prepared by,
 7        on behalf of, or for the use of a public body responsible
 8        for   the   regulation   or   supervision   of  financial
 9        institutions or insurance companies, unless disclosure is
10        otherwise required by State law.
11             (y)  Information  the   disclosure   of   which   is
12        restricted  under  Section  5-108 of the Public Utilities
13        Act.
14             (z)  Manuals or instruction to staff that relate  to
15        establishment  or  collection  of liability for any State
16        tax or that relate to investigations by a public body  to
17        determine violation of any criminal law.
18             (aa)  Applications,  related  documents, and medical
19        records    received    by    the    Experimental    Organ
20        Transplantation  Procedures  Board  and   any   and   all
21        documents  or  other records prepared by the Experimental
22        Organ  Transplantation  Procedures  Board  or  its  staff
23        relating to applications it has received.
24             (bb)  Insurance or  self  insurance  (including  any
25        intergovernmental  risk  management  association  or self
26        insurance  pool)  claims,   loss   or   risk   management
27        information, records, data, advice or communications.
28             (cc)  Information and records held by the Department
29        of  Public  Health  and  its  authorized  representatives
30        relating   to   known  or  suspected  cases  of  sexually
31        transmissible disease or any information  the  disclosure
32        of  which  is  restricted  under  the  Illinois  Sexually
33        Transmissible Disease Control Act.
34             (dd)  Information   the   disclosure   of  which  is
 
                            -9-      LRB093 08595 JAM 14244 a
 1        exempted under Section 30 of the Radon Industry Licensing
 2        Act.
 3             (ee)  Firm performance evaluations under Section  55
 4        of  the  Architectural,  Engineering,  and Land Surveying
 5        Qualifications Based Selection Act.
 6             (ff)  Security portions  of  system  safety  program
 7        plans,  investigation reports, surveys, schedules, lists,
 8        data, or information compiled, collected, or prepared  by
 9        or   for  the  Regional  Transportation  Authority  under
10        Section 2.11 of the Regional Transportation Authority Act
11        or the  St.  Clair  County  Transit  District  under  the
12        Bi-State Transit Safety Act.
13             (gg)  Information   the   disclosure   of  which  is
14        restricted and exempted under Section 50 of the  Illinois
15        Prepaid Tuition Act.
16             (hh)  Information   the   disclosure   of  which  is
17        exempted under Section 80 of the State Gift Ban Act.
18             (ii)  Beginning July 1, 1999, information that would
19        disclose or might lead to the  disclosure  of  secret  or
20        confidential information, codes, algorithms, programs, or
21        private  keys intended to be used to create electronic or
22        digital signatures under the Electronic Commerce Security
23        Act.
24             (jj)  Information contained  in  a  local  emergency
25        energy  plan  submitted  to  a municipality in accordance
26        with a local emergency  energy  plan  ordinance  that  is
27        adopted under Section 11-21.5-5 of the Illinois Municipal
28        Code.
29             (kk)  Information    and    data    concerning   the
30        distribution of surcharge moneys collected  and  remitted
31        by   wireless   carriers  under  the  Wireless  Emergency
32        Telephone Safety Act.
33        (2)  This  Section  does  not  authorize  withholding  of
34    information or limit  the  availability  of  records  to  the
 
                            -10-     LRB093 08595 JAM 14244 a
 1    public,  except  as  stated  in  this  Section  or  otherwise
 2    provided in this Act.
 3    (Source:  P.A.  91-137,  eff.  7-16-99; 91-357, eff. 7-29-99;
 4    91-660, eff. 12-22-99;  92-16,  eff.  6-28-01;  92-241,  eff.
 5    8-3-01;  92-281,  eff.  8-7-01; 92-645, eff. 7-11-02; 92-651,
 6    eff. 7-11-02.)".