Full Text of HB3289 99th General Assembly
HB3289ham003 99TH GENERAL ASSEMBLY | Rep. Peter Breen Filed: 4/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3289
| 2 | | AMENDMENT NO. ______. Amend House Bill 3289, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Freedom from Automatic License Plate Reader Surveillance Act. | 7 | | Section 5. Definitions. For the purpose of this Act:
| 8 | | "Alert" means information contained in databases | 9 | | maintained by the Secretary of State of this State or by | 10 | | federal, State, or local law enforcement agencies, and license | 11 | | plate numbers that have been manually entered into the ALPR | 12 | | system upon an officer's determination that the vehicles or | 13 | | individuals associated with the license plate numbers are | 14 | | relevant and material to an ongoing criminal or missing person | 15 | | investigation. | 16 | | "Automatic license plate reader system" or "ALPR system" |
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| 1 | | means a system of one or more mobile or fixed automatic | 2 | | high-speed cameras used in combination with computer | 3 | | algorithms to convert images of license plates into | 4 | | computer-readable data. | 5 | | "Captured plate data" means the GPS coordinates, date and | 6 | | time, photograph, license plate number, and any other data | 7 | | captured by or derived from any ALPR system. | 8 | | "Law enforcement agency" means any agency of this State or | 9 | | a unit of local government which is vested by law or ordinance | 10 | | with the duty to maintain public order and to enforce criminal | 11 | | laws and ordinances. | 12 | | "Law enforcement officer" means any officer, agent, or | 13 | | employee of this State or a unit of local government authorized | 14 | | by law or by a government agency to engage in or supervise the | 15 | | prevention, detection, or investigation of any violation of | 16 | | criminal law, or authorized by law to supervise sentenced | 17 | | criminal offenders. | 18 | | "Look-out order" means an order received or initiated by a | 19 | | law enforcement agency to look out for a particular person | 20 | | reasonably suspected of being a threat to public safety or | 21 | | engaged in criminal activity. | 22 | | Section 10. Allowable uses of ALPR systems. Except as | 23 | | otherwise provided in this Section, a person acting under the | 24 | | color of State law may not use any ALPR system. An ALPR systems | 25 | | may be used:
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| 1 | | (1) for electronic toll collection and enforcement of | 2 | | violations for non-payment of tolls;
| 3 | | (2) for traffic enforcement;
| 4 | | (3) by parking enforcement entities for regulating the | 5 | | use of parking facilities;
| 6 | | (4) for controlling access to secured areas that have | 7 | | clear boundaries, entry only through specific controlled | 8 | | points, and limited access;
| 9 | | (5) for the purpose of conducting criminal | 10 | | investigations upon an officer's determination that the | 11 | | vehicles or individuals associated with the license plate | 12 | | numbers are relevant and material to an ongoing criminal | 13 | | investigation;
or | 14 | | (6) by law enforcement agencies for the comparison of | 15 | | captured plate data with information contained in | 16 | | databases maintained by the Secretary of State of this | 17 | | State or by federal, State, or local law enforcement | 18 | | agencies, and with license plate numbers that have been | 19 | | manually entered into an ALPR system upon an officer's | 20 | | determination that the vehicles or individuals associated | 21 | | with the license plate numbers are relevant and material to | 22 | | an ongoing criminal or missing person investigation, for | 23 | | the purpose of identifying:
| 24 | | (A) vehicles that are stolen, or in violation of | 25 | | any registration or inspection requirements;
| 26 | | (B) persons who are missing, or the subject of an |
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| 1 | | arrest warrant, look-out order, traffic citation, or | 2 | | parking citation; or
| 3 | | (C) vehicles that are relevant and material to an | 4 | | ongoing criminal investigation.
| 5 | | Section 15. Protections.
| 6 | | (a) Captured plate data obtained for the purposes described | 7 | | under paragraph (6) of Section 10 shall not be used, shared, | 8 | | sold, traded, or exchanged for any other purpose and shall not | 9 | | be preserved for more than 30 months by a law enforcement | 10 | | agency except it may be preserved for more than 30 months:
| 11 | | (1) under a preservation request under Section 20; | 12 | | (2) under a disclosure order under Section 20;
| 13 | | (3) as part of an ongoing investigation provided that | 14 | | the captured plate data is confirmed as matching an alert | 15 | | and is destroyed at the conclusion of either:
| 16 | | (A) an investigation that does not result in any | 17 | | criminal charges being filed; or
| 18 | | (B) any criminal action undertaken in the matter | 19 | | involving the captured plate data. | 20 | | (b) Any law enforcement agency that uses an ALPR system | 21 | | under paragraph (6) of Section 10 must update that system from | 22 | | the databases described in paragraph (6) of Section 10 at the | 23 | | beginning of each shift if the updates are available. | 24 | | (c) Any law enforcement agency that uses an ALPR system | 25 | | under paragraph (6) of Section 10 may manually enter license |
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| 1 | | plate numbers into the ALPR system only if an officer | 2 | | determines that the vehicle or individuals associated with the | 3 | | license plate numbers are relevant and material to an ongoing | 4 | | criminal or missing persons investigation and subject to the | 5 | | following limitations: | 6 | | (1) any manual entry must document the reason for the | 7 | | entry; and | 8 | | (2) manual entries must be purged after 48 hours, | 9 | | unless an officer determines that the vehicle or | 10 | | individuals associated with the license plate numbers | 11 | | continue to be relevant and material to an ongoing criminal | 12 | | or missing persons investigation. | 13 | | (d) ALPR system captured plate data is not subject to | 14 | | disclosure under the Freedom of Information Act, unless the | 15 | | disclosure is consented to in writing by the individual | 16 | | subjects of the information. | 17 | | Section 20. Preservation and disclosure.
| 18 | | (a) An operator of an automatic license plate reader | 19 | | system, upon the request of a law enforcement agency or a | 20 | | defendant in a criminal case, shall take all necessary steps to | 21 | | preserve captured plate data in its possession for 30 months | 22 | | pending the issuance of a court order under Section (b).
A | 23 | | requesting governmental entity or defendant in a criminal case | 24 | | must specify in a written sworn statement: | 25 | | (1) the particular camera or cameras for which captured |
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| 1 | | plate data must be preserved or the particular license | 2 | | plate for which captured plate data must be preserved; and | 3 | | (2) the date or dates and timeframes for which captured | 4 | | plate data must be preserved. | 5 | | (b) A law enforcement agency or defendant in a criminal | 6 | | case may apply for a court order for disclosure of captured | 7 | | plate data which shall be issued by any court that is a court | 8 | | of competent jurisdiction if the law enforcement agency or | 9 | | defendant in a criminal case offers specific and articulable | 10 | | facts showing that there are reasonable grounds to believe that | 11 | | the captured plate data is relevant and material to an ongoing | 12 | | criminal or missing persons investigation or criminal | 13 | | prosecution. | 14 | | (c) A law enforcement agency or defendant in a criminal | 15 | | case may apply for a court order for disclosure of private ALPR | 16 | | captured plate data if a warrant is issued for a forcible | 17 | | felony as defined in Section 2-8 of the Criminal Code of 2012, | 18 | | including first degree murder and child abduction, which shall | 19 | | be issued by any court of competent jurisdiction if the law | 20 | | enforcement agency or defendant in a criminal case offers | 21 | | specific and articulable facts showing that there are | 22 | | reasonable grounds to believe that the captured plate data is | 23 | | relevant and material to an ongoing criminal or missing persons | 24 | | investigation or criminal prosecution. | 25 | | (d) Captured plate data held by a law enforcement agency | 26 | | shall be destroyed if the application for an order under |
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| 1 | | Section (b) of this Section is denied or at the end of 30 | 2 | | months, whichever is later.
| 3 | | Section 25. Allowable uses of all other captured plate | 4 | | data. If an ALPR system captures plate information under | 5 | | paragraph (1), (2), (3), (4), or (5) of Section 10 of this Act, | 6 | | then the captured plate information:
| 7 | | (1) shall be used and disclosed only as necessary to | 8 | | achieve the purpose for which the information was captured | 9 | | and shall not be sold, traded, or exchanged for any other | 10 | | purpose; | 11 | | (2) shall be destroyed within 48 hours of the | 12 | | completion of that purpose; and | 13 | | (3) shall not be subject to disclosure under the | 14 | | Freedom of Information Act, unless the disclosure is | 15 | | consented to in writing by the individual subjects of the | 16 | | information. | 17 | | Section 30. Use of privately held captured plate data.
| 18 | | (a) A law enforcement agency may obtain, receive, or use | 19 | | privately-held captured plate data for the purposes described | 20 | | in paragraph (3) of Section 10 only if the law enforcement | 21 | | agency accesses private automatic license plate reader system | 22 | | captured plate data for a time period of 30 months or fewer.
| 23 | | (b) A law enforcement agency may obtain, receive, or use | 24 | | privately-held captured plate data for the purposes described |
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| 1 | | in paragraphs (5) and (6) of Section 10, and only if the law | 2 | | enforcement agency accesses private automatic license plate | 3 | | reader system captured plate data for a time period of 30 | 4 | | months or fewer.
| 5 | | Section 35. Admissibility. If a court finds by a | 6 | | preponderance of the evidence that captured plate information | 7 | | was gathered, stored, used, or disclosed in violation of this | 8 | | Act, then that information shall be presumed to be inadmissible | 9 | | in any judicial or administrative proceeding. The State may | 10 | | overcome this presumption by proving the applicability of a | 11 | | judicially recognized exception to the exclusionary rule of the | 12 | | Fourth Amendment to the United States Constitution or Article | 13 | | I, Section 6 of the Illinois Constitution, or by a | 14 | | preponderance of the evidence that the individual, | 15 | | partnership, corporation, association, or the law enforcement | 16 | | officer was acting in good faith and reasonably believed that | 17 | | one or more of the exceptions identified in Section 10 existed | 18 | | at the time that the captured plate information was gathered, | 19 | | stored, used, or disclosed. | 20 | | Section 40. Policies and procedures.
Any law enforcement | 21 | | agency that uses automatic license plate reader systems under | 22 | | Section 10 shall:
| 23 | | (1) adopt a policy governing use of the system and | 24 | | conspicuously post the policy on the law enforcement agency's |
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| 1 | | Internet Web site; | 2 | | (2) adopt a privacy policy to ensure that captured plate | 3 | | data is not shared in violation of this act or any other law | 4 | | and conspicuously post the privacy policy on the law | 5 | | enforcement agency's Internet Web site; | 6 | | (3) adopt audit procedures relating to the use of ALPR | 7 | | system data; and | 8 | | (4) adopt and periodically update a comprehensive training | 9 | | program for agency employees who use or have access to ALPR | 10 | | system data, which fully trains the employees on safeguards in | 11 | | the use of ALPR system data and procedures to adhere to | 12 | | policies and procedures governing the use of ALPR system data.
| 13 | | Section 100. The Freedom of Information Act is amended by | 14 | | changing Section 7 as follows: | 15 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 16 | | Sec. 7. Exemptions.
| 17 | | (1) When a request is made to inspect or copy a public | 18 | | record that contains information that is exempt from disclosure | 19 | | under this Section, but also contains information that is not | 20 | | exempt from disclosure, the public body may elect to redact the | 21 | | information that is exempt. The public body shall make the | 22 | | remaining information available for inspection and copying. | 23 | | Subject to this requirement, the following shall be exempt from | 24 | | inspection and copying:
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| 1 | | (a) Information specifically prohibited from | 2 | | disclosure by federal or
State law or rules and regulations | 3 | | implementing federal or State law.
| 4 | | (b) Private information, unless disclosure is required | 5 | | by another provision of this Act, a State or federal law or | 6 | | a court order. | 7 | | (b-5) Files, documents, and other data or databases | 8 | | maintained by one or more law enforcement agencies and | 9 | | specifically designed to provide information to one or more | 10 | | law enforcement agencies regarding the physical or mental | 11 | | status of one or more individual subjects. | 12 | | (c) Personal information contained within public | 13 | | records, the disclosure of which would constitute a clearly
| 14 | | unwarranted invasion of personal privacy, unless the | 15 | | disclosure is
consented to in writing by the individual | 16 | | subjects of the information. "Unwarranted invasion of | 17 | | personal privacy" means the disclosure of information that | 18 | | is highly personal or objectionable to a reasonable person | 19 | | and in which the subject's right to privacy outweighs any | 20 | | legitimate public interest in obtaining the information. | 21 | | The
disclosure of information that bears on the public | 22 | | duties of public
employees and officials shall not be | 23 | | considered an invasion of personal
privacy.
| 24 | | (d) Records in the possession of any public body | 25 | | created in the course of administrative enforcement
| 26 | | proceedings, and any law enforcement or correctional |
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| 1 | | agency for
law enforcement purposes,
but only to the extent | 2 | | 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 that is the recipient of the request;
| 7 | | (ii) interfere with active administrative | 8 | | enforcement proceedings
conducted by the public body | 9 | | that is the recipient of the request;
| 10 | | (iii) create a substantial likelihood that a | 11 | | person will be deprived of a fair trial or an impartial | 12 | | hearing;
| 13 | | (iv) unavoidably disclose the identity of a | 14 | | confidential source, confidential information | 15 | | furnished only by the confidential source, or persons | 16 | | who file complaints with or provide information to | 17 | | administrative, investigative, law enforcement, or | 18 | | penal agencies; except that the identities of | 19 | | witnesses to traffic accidents, traffic accident | 20 | | reports, and rescue reports shall be provided by | 21 | | agencies of local government, except when disclosure | 22 | | would interfere with an active criminal investigation | 23 | | conducted by the agency that is the recipient of the | 24 | | request;
| 25 | | (v) disclose unique or specialized investigative | 26 | | techniques other than
those generally used and known or |
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| 1 | | disclose internal documents of
correctional agencies | 2 | | related to detection, observation or investigation of
| 3 | | incidents of crime or misconduct, and disclosure would | 4 | | result in demonstrable harm to the agency or public | 5 | | body that is the recipient of the request;
| 6 | | (vi) endanger the life or physical safety of law | 7 | | enforcement personnel
or any other person; or
| 8 | | (vii) obstruct an ongoing criminal investigation | 9 | | by the agency that is the recipient of the request ; or | 10 | | .
| 11 | | (viii) disclose captured plate data as that term is | 12 | | defined in Section 5 of the Freedom from Automatic | 13 | | License Plate Reader Surveillance Act, unless the | 14 | | disclosure is consented to in writing by the individual | 15 | | subjects of the information. | 16 | | (d-5) A law enforcement record created for law | 17 | | enforcement purposes and contained in a shared electronic | 18 | | record management system if the law enforcement agency that | 19 | | is the recipient of the request did not create the record, | 20 | | did not participate in or have a role in any of the events | 21 | | which are the subject of the record, and only has access to | 22 | | the record through the shared electronic record management | 23 | | system. | 24 | | (e) Records that relate to or affect the security of | 25 | | correctional
institutions and detention facilities.
| 26 | | (e-5) Records requested by persons committed to the |
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| 1 | | Department of Corrections if those materials are available | 2 | | in the library of the correctional facility where the | 3 | | inmate is confined. | 4 | | (e-6) Records requested by persons committed to the | 5 | | Department of Corrections if those materials include | 6 | | records from staff members' personnel files, staff | 7 | | rosters, or other staffing assignment information. | 8 | | (e-7) Records requested by persons committed to the | 9 | | Department of Corrections if those materials are available | 10 | | through an administrative request to the Department of | 11 | | Corrections. | 12 | | (f) Preliminary drafts, notes, recommendations, | 13 | | memoranda and other
records in which opinions are | 14 | | expressed, or policies or actions are
formulated, except | 15 | | that a specific record or relevant portion of a
record | 16 | | shall not be exempt when the record is publicly cited
and | 17 | | identified by the head of the public body. The exemption | 18 | | provided in
this paragraph (f) extends to all those records | 19 | | of officers and agencies
of the General Assembly that | 20 | | pertain to the preparation of legislative
documents.
| 21 | | (g) Trade secrets and commercial or financial | 22 | | information obtained from
a person or business where the | 23 | | trade secrets or commercial or financial information are | 24 | | furnished under a claim that they are
proprietary, | 25 | | privileged or confidential, and that disclosure of the | 26 | | trade
secrets or commercial or financial information would |
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| 1 | | cause competitive harm to the person or business, and only | 2 | | insofar as the claim directly applies to the records | 3 | | requested. | 4 | | The information included under this exemption includes | 5 | | all trade secrets and commercial or financial information | 6 | | obtained by a public body, including a public pension fund, | 7 | | from a private equity fund or a privately held company | 8 | | within the investment portfolio of a private equity fund as | 9 | | a result of either investing or evaluating a potential | 10 | | investment of public funds in a private equity fund. The | 11 | | exemption contained in this item does not apply to the | 12 | | aggregate financial performance information of a private | 13 | | equity fund, nor to the identity of the fund's managers or | 14 | | general partners. The exemption contained in this item does | 15 | | not apply to the identity of a privately held company | 16 | | within the investment portfolio of a private equity fund, | 17 | | unless the disclosure of the identity of a privately held | 18 | | company may cause competitive harm. | 19 | | Nothing contained in this
paragraph (g) shall be | 20 | | construed to prevent a person or business from
consenting | 21 | | to disclosure.
| 22 | | (h) Proposals and bids for any contract, grant, or | 23 | | agreement, including
information which if it were | 24 | | disclosed would frustrate procurement or give
an advantage | 25 | | to any person proposing to enter into a contractor | 26 | | agreement
with the body, until an award or final selection |
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| 1 | | is made. Information
prepared by or for the body in | 2 | | preparation of a bid solicitation shall be
exempt until an | 3 | | award or final selection is made.
| 4 | | (i) Valuable formulae,
computer geographic systems,
| 5 | | designs, drawings and research data obtained or
produced by | 6 | | any public body when disclosure could reasonably be | 7 | | expected to
produce private gain or public loss.
The | 8 | | exemption for "computer geographic systems" provided in | 9 | | this paragraph
(i) does not extend to requests made by news | 10 | | media as defined in Section 2 of
this Act when the | 11 | | requested information is not otherwise exempt and the only
| 12 | | purpose of the request is to access and disseminate | 13 | | information regarding the
health, safety, welfare, or | 14 | | legal rights of the general public.
| 15 | | (j) The following information pertaining to | 16 | | educational matters: | 17 | | (i) test questions, scoring keys and other | 18 | | examination data used to
administer an academic | 19 | | examination;
| 20 | | (ii) information received by a primary or | 21 | | secondary school, college, or university under its | 22 | | procedures for the evaluation of faculty members by | 23 | | their academic peers; | 24 | | (iii) information concerning a school or | 25 | | university's adjudication of student disciplinary | 26 | | cases, but only to the extent that disclosure would |
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| 1 | | unavoidably reveal the identity of the student; and | 2 | | (iv) course materials or research materials used | 3 | | by faculty members. | 4 | | (k) Architects' plans, engineers' technical | 5 | | submissions, and
other
construction related technical | 6 | | documents for
projects not constructed or developed in | 7 | | whole or in part with public funds
and the same for | 8 | | projects constructed or developed with public funds, | 9 | | including but not limited to power generating and | 10 | | distribution stations and other transmission and | 11 | | distribution facilities, water treatment facilities, | 12 | | airport facilities, sport stadiums, convention centers, | 13 | | and all government owned, operated, or occupied buildings, | 14 | | but
only to the extent
that disclosure would compromise | 15 | | security.
| 16 | | (l) Minutes of meetings of public bodies closed to the
| 17 | | public as provided in the Open Meetings Act until the | 18 | | public body
makes the minutes available to the public under | 19 | | Section 2.06 of the Open
Meetings Act.
| 20 | | (m) Communications between a public body and an | 21 | | attorney or auditor
representing the public body that would | 22 | | not be subject to discovery in
litigation, and materials | 23 | | prepared or compiled by or for a public body in
| 24 | | anticipation of a criminal, civil or administrative | 25 | | proceeding upon the
request of an attorney advising the | 26 | | public body, and materials prepared or
compiled with |
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| 1 | | respect to internal audits of public bodies.
| 2 | | (n) Records relating to a public body's adjudication of | 3 | | employee grievances or disciplinary cases; however, this | 4 | | exemption shall not extend to the final outcome of cases in | 5 | | which discipline is imposed.
| 6 | | (o) Administrative or technical information associated | 7 | | with automated
data processing operations, including but | 8 | | not limited to software,
operating protocols, computer | 9 | | program abstracts, file layouts, source
listings, object | 10 | | modules, load modules, user guides, documentation
| 11 | | pertaining to all logical and physical design of | 12 | | computerized systems,
employee manuals, and any other | 13 | | information that, if disclosed, would
jeopardize the | 14 | | security of the system or its data or the security of
| 15 | | materials exempt under this Section.
| 16 | | (p) Records relating to collective negotiating matters
| 17 | | between public bodies and their employees or | 18 | | representatives, except that
any final contract or | 19 | | agreement shall be subject to inspection and copying.
| 20 | | (q) Test questions, scoring keys, and other | 21 | | examination data used to determine the qualifications of an | 22 | | applicant for a license or employment.
| 23 | | (r) The records, documents, and information relating | 24 | | to real estate
purchase negotiations until those | 25 | | negotiations have been completed or
otherwise terminated. | 26 | | With regard to a parcel involved in a pending or
actually |
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| 1 | | and reasonably contemplated eminent domain proceeding | 2 | | under the Eminent Domain Act, records, documents and
| 3 | | information relating to that parcel shall be exempt except | 4 | | as may be
allowed under discovery rules adopted by the | 5 | | Illinois Supreme Court. The
records, documents and | 6 | | information relating to a real estate sale shall be
exempt | 7 | | until a sale is consummated.
| 8 | | (s) Any and all proprietary information and records | 9 | | related to the
operation of an intergovernmental risk | 10 | | management association or
self-insurance pool or jointly | 11 | | self-administered health and accident
cooperative or pool.
| 12 | | Insurance or self insurance (including any | 13 | | intergovernmental risk management association or self | 14 | | insurance pool) claims, loss or risk management | 15 | | information, records, data, advice or communications.
| 16 | | (t) Information contained in or related to | 17 | | examination, operating, or
condition reports prepared by, | 18 | | on behalf of, or for the use of a public
body responsible | 19 | | for the regulation or supervision of financial
| 20 | | institutions or insurance companies, unless disclosure is | 21 | | otherwise
required by State law.
| 22 | | (u) Information that would disclose
or might lead to | 23 | | the disclosure of
secret or confidential information, | 24 | | codes, algorithms, programs, or private
keys intended to be | 25 | | used to create electronic or digital signatures under the
| 26 | | Electronic Commerce Security Act.
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| 1 | | (v) Vulnerability assessments, security measures, and | 2 | | response policies
or plans that are designed to identify, | 3 | | prevent, or respond to potential
attacks upon a community's | 4 | | population or systems, facilities, or installations,
the | 5 | | destruction or contamination of which would constitute a | 6 | | clear and present
danger to the health or safety of the | 7 | | community, but only to the extent that
disclosure could | 8 | | reasonably be expected to jeopardize the effectiveness of | 9 | | the
measures or the safety of the personnel who implement | 10 | | them or the public.
Information exempt under this item may | 11 | | include such things as details
pertaining to the | 12 | | mobilization or deployment of personnel or equipment, to | 13 | | the
operation of communication systems or protocols, or to | 14 | | tactical operations.
| 15 | | (w) (Blank). | 16 | | (x) Maps and other records regarding the location or | 17 | | security of generation, transmission, distribution, | 18 | | storage, gathering,
treatment, or switching facilities | 19 | | owned by a utility, by a power generator, or by the | 20 | | Illinois Power Agency.
| 21 | | (y) Information contained in or related to proposals, | 22 | | bids, or negotiations related to electric power | 23 | | procurement under Section 1-75 of the Illinois Power Agency | 24 | | Act and Section 16-111.5 of the Public Utilities Act that | 25 | | is determined to be confidential and proprietary by the | 26 | | Illinois Power Agency or by the Illinois Commerce |
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| 1 | | Commission.
| 2 | | (z) Information about students exempted from | 3 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 4 | | School Code, and information about undergraduate students | 5 | | enrolled at an institution of higher education exempted | 6 | | from disclosure under Section 25 of the Illinois Credit | 7 | | Card Marketing Act of 2009. | 8 | | (aa) Information the disclosure of which is
exempted | 9 | | under the Viatical Settlements Act of 2009.
| 10 | | (bb) Records and information provided to a mortality | 11 | | review team and records maintained by a mortality review | 12 | | team appointed under the Department of Juvenile Justice | 13 | | Mortality Review Team Act. | 14 | | (cc) Information regarding interments, entombments, or | 15 | | inurnments of human remains that are submitted to the | 16 | | Cemetery Oversight Database under the Cemetery Care Act or | 17 | | the Cemetery Oversight Act, whichever is applicable. | 18 | | (dd) Correspondence and records (i) that may not be | 19 | | disclosed under Section 11-9 of the Public Aid Code or (ii) | 20 | | that pertain to appeals under Section 11-8 of the Public | 21 | | Aid Code. | 22 | | (ee) The names, addresses, or other personal | 23 | | information of persons who are minors and are also | 24 | | participants and registrants in programs of park | 25 | | districts, forest preserve districts, conservation | 26 | | districts, recreation agencies, and special recreation |
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| 1 | | associations. | 2 | | (ff) The names, addresses, or other personal | 3 | | information of participants and registrants in programs of | 4 | | park districts, forest preserve districts, conservation | 5 | | districts, recreation agencies, and special recreation | 6 | | associations where such programs are targeted primarily to | 7 | | minors. | 8 | | (gg) Confidential information described in Section | 9 | | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | 10 | | (hh) The report submitted to the State Board of | 11 | | Education by the School Security and Standards Task Force | 12 | | under item (8) of subsection (d) of Section 2-3.160 of the | 13 | | School Code and any information contained in that report. | 14 | | (1.5) Any information exempt from disclosure under the | 15 | | Judicial Privacy Act shall be redacted from public records | 16 | | prior to disclosure under this Act. | 17 | | (2) A public record that is not in the possession of a | 18 | | public body but is in the possession of a party with whom the | 19 | | agency has contracted to perform a governmental function on | 20 | | behalf of the public body, and that directly relates to the | 21 | | governmental function and is not otherwise exempt under this | 22 | | Act, shall be considered a public record of the public body, | 23 | | for purposes of this Act. | 24 | | (3) This Section does not authorize withholding of | 25 | | information or limit the
availability of records to the public, | 26 | | except as stated in this Section or
otherwise provided in this |
| | | 09900HB3289ham003 | - 22 - | LRB099 07563 RLC 34560 a |
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| 1 | | Act.
| 2 | | (Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11; | 3 | | 97-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff. | 4 | | 7-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129, | 5 | | eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13; | 6 | | 98-695, eff. 7-3-14.)".
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