Illinois General Assembly - Full Text of SB1931
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Full Text of SB1931  98th General Assembly


Rep. Tom Demmer

Filed: 5/9/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1931 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from disclosure
10under this Section, but also contains information that is not
11exempt from disclosure, the public body may elect to redact the
12information that is exempt. The public body shall make the
13remaining information available for inspection and copying.
14Subject to this requirement, the following shall be exempt from
15inspection and copying:
16        (a) Information specifically prohibited from



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



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



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



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



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



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



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



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



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1        (s) Any and all proprietary information and records
2    related to the operation of an intergovernmental risk
3    management association or self-insurance pool or jointly
4    self-administered health and accident cooperative or pool.
5    Insurance or self insurance (including any
6    intergovernmental risk management association or self
7    insurance pool) claims, loss or risk management
8    information, records, data, advice or communications.
9        (t) Information contained in or related to
10    examination, operating, or condition reports prepared by,
11    on behalf of, or for the use of a public body responsible
12    for the regulation or supervision of financial
13    institutions or insurance companies, unless disclosure is
14    otherwise required by State law.
15        (u) Information that would disclose or might lead to
16    the disclosure of secret or confidential information,
17    codes, algorithms, programs, or private keys intended to be
18    used to create electronic or digital signatures under the
19    Electronic Commerce Security Act.
20        (v) Vulnerability assessments, security measures, and
21    response policies or plans that are designed to identify,
22    prevent, or respond to potential attacks upon a community's
23    population or systems, facilities, or installations, the
24    destruction or contamination of which would constitute a
25    clear and present danger to the health or safety of the
26    community, but only to the extent that disclosure could



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1    reasonably be expected to jeopardize the effectiveness of
2    the measures or the safety of the personnel who implement
3    them or the public. Information exempt under this item may
4    include such things as details pertaining to the
5    mobilization or deployment of personnel or equipment, to
6    the operation of communication systems or protocols, or to
7    tactical operations.
8        (w) (Blank).
9        (x) Maps and other records regarding the location or
10    security of generation, transmission, distribution,
11    storage, gathering, treatment, or switching facilities
12    owned by a utility, by a power generator, or by the
13    Illinois Power Agency.
14        (y) Information contained in or related to proposals,
15    bids, or negotiations related to electric power
16    procurement under Section 1-75 of the Illinois Power Agency
17    Act and Section 16-111.5 of the Public Utilities Act that
18    is determined to be confidential and proprietary by the
19    Illinois Power Agency or by the Illinois Commerce
20    Commission.
21        (z) Information about students exempted from
22    disclosure under Sections 10-20.38 or 34-18.29 of the
23    School Code, and information about undergraduate students
24    enrolled at an institution of higher education exempted
25    from disclosure under Section 25 of the Illinois Credit
26    Card Marketing Act of 2009.



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1        (aa) Information the disclosure of which is exempted
2    under the Viatical Settlements Act of 2009.
3        (bb) Records and information provided to a mortality
4    review team and records maintained by a mortality review
5    team appointed under the Department of Juvenile Justice
6    Mortality Review Team Act.
7        (cc) Information regarding interments, entombments, or
8    inurnments of human remains that are submitted to the
9    Cemetery Oversight Database under the Cemetery Care Act or
10    the Cemetery Oversight Act, whichever is applicable.
11        (dd) Correspondence and records (i) that may not be
12    disclosed under Section 11-9 of the Public Aid Code or (ii)
13    that pertain to appeals under Section 11-8 of the Public
14    Aid Code.
15        (ee) The names, addresses, or other personal
16    information of persons who are minors and are also
17    participants and registrants in programs of park
18    districts, forest preserve districts, conservation
19    districts, recreation agencies, and special recreation
20    associations.
21        (ff) The names, addresses, or other personal
22    information of participants and registrants in programs of
23    park districts, forest preserve districts, conservation
24    districts, recreation agencies, and special recreation
25    associations where such programs are targeted primarily to
26    minors.



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1        (gg) Confidential information described in Section
2    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
3        (hh) The report submitted to the State Board of
4    Education by the School Security and Standards Task Force
5    under item (8) of subsection (d) of Section 2-3.157 of the
6    School Code and any information contained in that report.
7    (1.5) Any information exempt from disclosure under the
8Judicial Privacy Act shall be redacted from public records
9prior to disclosure under this Act.
10    (2) A public record that is not in the possession of a
11public body but is in the possession of a party with whom the
12agency has contracted to perform a governmental function on
13behalf of the public body, and that directly relates to the
14governmental function and is not otherwise exempt under this
15Act, shall be considered a public record of the public body,
16for purposes of this Act.
17    (3) This Section does not authorize withholding of
18information or limit the availability of records to the public,
19except as stated in this Section or otherwise provided in this
21(Source: P.A. 96-261, eff. 1-1-10; 96-328, eff. 8-11-09;
2296-542, eff. 1-1-10; 96-558, eff. 1-1-10; 96-736, eff. 7-1-10;
2396-863, eff. 3-1-10; 96-1378, eff. 7-29-10; 97-333, eff.
248-12-11; 97-385, eff. 8-15-11; 97-452, eff. 8-19-11; 97-783,
25eff. 7-13-12; 97-813, eff. 7-13-12; 97-847, eff. 9-22-12;
2697-1065, eff. 8-24-12; 97-1129, eff. 8-28-12; revised



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2    Section 10. The School Code is amended by adding Section
32-3.157 as follows:
4    (105 ILCS 5/2-3.157 new)
5    (Section scheduled to be repealed on January 2, 2014)
6    Sec. 2-3.157. School Security and Standards Task Force.
7    (a) The School Security and Standards Task Force is created
8within the State Board of Education to study the security of
9schools in this State, make recommendations, and draft minimum
10standards for use by schools to make them more secure and to
11provide a safer learning environment for the children of this
12State. The Task Force shall consist of all of the following
14        (1) One member of the Senate, appointed by the
15    President of the Senate.
16        (2) One member of the Senate, appointed by the Minority
17    Leader of the Senate.
18        (3) One member of the House of Representatives,
19    appointed by the Speaker of the House of Representatives.
20        (4) One member of the House of Representatives,
21    appointed by the Minority Leader of the House of
22    Representatives.
23        (5) A representative from the State Board of Education,
24    appointed by the Chairperson of the State Board of



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1    Education.
2        (6) A representative from the Department of State
3    Police, appointed by the Director of State Police.
4        (7) A representative from an association representing
5    Illinois sheriffs, appointed by the Governor.
6        (8) A representative from an association representing
7    Illinois chiefs of police, appointed by the Governor.
8        (9) A representative from an association representing
9    Illinois firefighters, appointed by the Governor.
10        (10) A representative from an association representing
11    Illinois regional superintendents of schools, appointed by
12    the Governor.
13        (11) A representative from an association representing
14    Illinois principals, appointed by the Governor.
15        (12) A representative from an association representing
16    Illinois school boards, appointed by the Governor.
17        (13) A representative from the security consulting
18    profession, appointed by the Governor.
19        (14) An architect or engineer who specializes in
20    security issues, appointed by the Governor.
21    Members of the Task Force appointed by the Governor must be
22individuals who have knowledge, experience, and expertise in
23the field of security or who have worked within the school
24system. The appointment of members by the Governor must reflect
25the geographic diversity of this State.
26    Members of the Task Force shall serve without compensation



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1and shall not be reimbursed for their expenses.
2    (b) The Task Force shall meet initially at the call of the
3State Superintendent of Education. At this initial meeting, the
4Task Force shall elect a member as presiding officer of the
5Task Force by a majority vote of the membership of the Task
6Force. Thereafter, the Task Force shall meet at the call of the
7presiding officer.
8    (c) The State Board of Education shall provide
9administrative and other support to the Task Force.
10    (d) The Task Force shall make recommendations for minimum
11standards for security for the schools in this State. In making
12those recommendations, the Task Force shall do all of the
14        (1) Gather information concerning security in schools
15    as it presently exists.
16        (2) Receive reports and testimony from individuals,
17    school district superintendents, principals, teachers,
18    security experts, architects, engineers, and the law
19    enforcement community.
20        (3) Create minimum standards for securing schools.
21        (4) Give consideration to securing the physical
22    structures, security staffing recommendations,
23    communications, security equipment, alarms, video and
24    audio monitoring, school policies, egress and ingress,
25    security plans, emergency exits and escape, and any other
26    areas of security that the Task Force deems appropriate for



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1    securing schools.
2        (5) Create a model security plan policy.
3        (6) Suggest possible funding recommendations for
4    schools to access for use in implementing enhanced security
5    measures.
6        (7) On or before January 1, 2014, submit a report to
7    the General Assembly and the Governor on specific
8    recommendations for changes to the current law or other
9    legislative measures.
10        (8) On or before January 1, 2014, submit a report to
11    the State Board of Education on specific recommendations
12    for model security plan policies for schools to access and
13    use as a guideline. This report is exempt from inspection
14    and copying under Section 7 of the Freedom of Information
15    Act.
16    The Task Force's recommendations may include proposals for
17specific statutory changes and methods to foster cooperation
18among State agencies and between this State and local
20    (e) The Task Force is abolished and this Section is
21repealed on January 2, 2014.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".