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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17    disclosure by federal or State law or rules and regulations
18    implementing federal or State law.
19        (b) Private information, unless disclosure is required
20    by another provision of this Act, a State or federal law or
21    a court order.
22        (b-5) Files, documents, and other data or databases
23    maintained by one or more law enforcement agencies and



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1    specifically designed to provide information to one or more
2    law enforcement agencies regarding the physical or mental
3    status of one or more individual subjects.
4        (c) Personal information contained within public
5    records, the disclosure of which would constitute a clearly
6    unwarranted invasion of personal privacy, unless the
7    disclosure is consented to in writing by the individual
8    subjects of the information. "Unwarranted invasion of
9    personal privacy" means the disclosure of information that
10    is highly personal or objectionable to a reasonable person
11    and in which the subject's right to privacy outweighs any
12    legitimate public interest in obtaining the information.
13    The disclosure of information that bears on the public
14    duties of public employees and officials shall not be
15    considered an invasion of personal privacy.
16        (d) Records in the possession of any public body
17    created in the course of administrative enforcement
18    proceedings, and any law enforcement or correctional
19    agency for law enforcement purposes, but only to the extent
20    that disclosure would:
21            (i) interfere with pending or actually and
22        reasonably contemplated law enforcement proceedings
23        conducted by any law enforcement or correctional
24        agency that is the recipient of the request;
25            (ii) interfere with active administrative
26        enforcement proceedings conducted by the public body



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



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1        by the agency that is the recipient of the request.
2        (d-5) A law enforcement record created for law
3    enforcement purposes and contained in a shared electronic
4    record management system if the law enforcement agency that
5    is the recipient of the request did not create the record,
6    did not participate in or have a role in any of the events
7    which are the subject of the record, and only has access to
8    the record through the shared electronic record management
9    system.
10        (e) Records that relate to or affect the security of
11    correctional institutions and detention facilities.
12        (e-5) Records requested by persons committed to the
13    Department of Corrections, Department of Human Services
14    Division of Mental Health, or a county jail if those
15    materials are available in the library of the correctional
16    institution or facility or jail where the inmate is
17    confined.
18        (e-6) Records requested by persons committed to the
19    Department of Corrections, Department of Human Services
20    Division of Mental Health, or a county jail if those
21    materials include records from staff members' personnel
22    files, staff rosters, or other staffing assignment
23    information.
24        (e-7) Records requested by persons committed to the
25    Department of Corrections or Department of Human Services
26    Division of Mental Health if those materials are available



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1    through an administrative request to the Department of
2    Corrections or Department of Human Services Division of
3    Mental Health.
4        (e-8) Records requested by a person committed to the
5    Department of Corrections, Department of Human Services
6    Division of Mental Health, or a county jail, the disclosure
7    of which would result in the risk of harm to any person or
8    the risk of an escape from a jail or correctional
9    institution or facility.
10        (e-9) Records requested by a person in a county jail or
11    committed to the Department of Corrections or Department of
12    Human Services Division of Mental Health, containing
13    personal information pertaining to the person's victim or
14    the victim's family, including, but not limited to, a
15    victim's home address, home telephone number, work or
16    school address, work telephone number, social security
17    number, or any other identifying information, except as may
18    be relevant to a requester's current or potential case or
19    claim.
20        (e-10) Law enforcement records of other persons
21    requested by a person committed to the Department of
22    Corrections, Department of Human Services Division of
23    Mental Health, or a county jail, including, but not limited
24    to, arrest and booking records, mug shots, and crime scene
25    photographs, except as these records may be relevant to the
26    requester's current or potential case or claim.



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



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1    aggregate financial performance information of a private
2    equity fund, nor to the identity of the fund's managers or
3    general partners. The exemption contained in this item does
4    not apply to the identity of a privately held company
5    within the investment portfolio of a private equity fund,
6    unless the disclosure of the identity of a privately held
7    company may cause competitive harm.
8        Nothing contained in this paragraph (g) shall be
9    construed to prevent a person or business from consenting
10    to disclosure.
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 advantage
14    to any person proposing to enter into a contractor
15    agreement with the body, until an award or final selection
16    is made. Information prepared by or for the body in
17    preparation of a bid solicitation shall be exempt until an
18    award or final selection is made.
19        (i) Valuable formulae, computer geographic systems,
20    designs, drawings and research data obtained or produced by
21    any public body when disclosure could reasonably be
22    expected to produce private gain or public loss. The
23    exemption for "computer geographic systems" provided in
24    this paragraph (i) does not extend to requests made by news
25    media as defined in Section 2 of this Act when the
26    requested information is not otherwise exempt and the only



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1    purpose of the request is to access and disseminate
2    information regarding the health, safety, welfare, or
3    legal rights of the general public.
4        (j) The following information pertaining to
5    educational matters:
6            (i) test questions, scoring keys and other
7        examination data used to administer an academic
8        examination;
9            (ii) information received by a primary or
10        secondary school, college, or university under its
11        procedures for the evaluation of faculty members by
12        their academic peers;
13            (iii) information concerning a school or
14        university's adjudication of student disciplinary
15        cases, but only to the extent that disclosure would
16        unavoidably reveal the identity of the student; and
17            (iv) course materials or research materials used
18        by faculty members.
19        (k) Architects' plans, engineers' technical
20    submissions, and other construction related technical
21    documents for projects not constructed or developed in
22    whole or in part with public funds and the same for
23    projects constructed or developed with public funds,
24    including but not limited to power generating and
25    distribution stations and other transmission and
26    distribution facilities, water treatment facilities,



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1    airport facilities, sport stadiums, convention centers,
2    and all government owned, operated, or occupied buildings,
3    but only to the extent that disclosure would compromise
4    security.
5        (l) Minutes of meetings of public bodies closed to the
6    public as provided in the Open Meetings Act until the
7    public body makes the minutes available to the public under
8    Section 2.06 of the Open Meetings Act.
9        (m) Communications between a public body and an
10    attorney or auditor representing the public body that would
11    not be subject to discovery in litigation, and materials
12    prepared or compiled by or for a public body in
13    anticipation of a criminal, civil or administrative
14    proceeding upon the request of an attorney advising the
15    public body, and materials prepared or compiled with
16    respect to internal audits of public bodies.
17        (n) Records relating to a public body's adjudication of
18    employee grievances or disciplinary cases; however, this
19    exemption shall not extend to the final outcome of cases in
20    which discipline is imposed.
21        (o) Administrative or technical information associated
22    with automated data processing operations, including but
23    not limited to software, operating protocols, computer
24    program abstracts, file layouts, source listings, object
25    modules, load modules, user guides, documentation
26    pertaining to all logical and physical design of



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1    computerized systems, employee manuals, and any other
2    information that, if disclosed, would jeopardize the
3    security of the system or its data or the security of
4    materials exempt under this Section.
5        (p) Records relating to collective negotiating matters
6    between public bodies and their employees or
7    representatives, except that any final contract or
8    agreement shall be subject to inspection and copying.
9        (q) Test questions, scoring keys, and other
10    examination data used to determine the qualifications of an
11    applicant for a license or employment.
12        (r) 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 the Eminent Domain Act, records, documents and
18    information relating to that parcel shall be exempt except
19    as may be allowed under discovery rules adopted by the
20    Illinois Supreme Court. The records, documents and
21    information relating to a real estate sale shall be exempt
22    until a sale is consummated.
23        (s) 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 pool.



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1    Insurance or self insurance (including any
2    intergovernmental risk management association or self
3    insurance pool) claims, loss or risk management
4    information, records, data, advice or communications.
5        (t) 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        (u) Information that would disclose or might lead to
12    the disclosure of secret or confidential information,
13    codes, algorithms, programs, or private keys intended to be
14    used to create electronic or digital signatures under the
15    Electronic Commerce Security Act.
16        (v) Vulnerability assessments, security measures, and
17    response policies or plans that are designed to identify,
18    prevent, or respond to potential attacks upon a community's
19    population or systems, facilities, or installations, the
20    destruction or contamination of which would constitute a
21    clear and present danger to the health or safety of the
22    community, but only to the extent that disclosure could
23    reasonably be expected to jeopardize the effectiveness of
24    the measures or the safety of the personnel who implement
25    them or the public. Information exempt under this item may
26    include such things as details pertaining to the



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1    mobilization or deployment of personnel or equipment, to
2    the operation of communication systems or protocols, or to
3    tactical operations.
4        (w) (Blank).
5        (x) Maps and other records regarding the location or
6    security of generation, transmission, distribution,
7    storage, gathering, treatment, or switching facilities
8    owned by a utility, by a power generator, or by the
9    Illinois Power Agency.
10        (y) Information contained in or related to proposals,
11    bids, or negotiations related to electric power
12    procurement under Section 1-75 of the Illinois Power Agency
13    Act and Section 16-111.5 of the Public Utilities Act that
14    is determined to be confidential and proprietary by the
15    Illinois Power Agency or by the Illinois Commerce
16    Commission.
17        (z) Information about students exempted from
18    disclosure under Sections 10-20.38 or 34-18.29 of the
19    School Code, and information about undergraduate students
20    enrolled at an institution of higher education exempted
21    from disclosure under Section 25 of the Illinois Credit
22    Card Marketing Act of 2009.
23        (aa) Information the disclosure of which is exempted
24    under the Viatical Settlements Act of 2009.
25        (bb) Records and information provided to a mortality
26    review team and records maintained by a mortality review



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1    team appointed under the Department of Juvenile Justice
2    Mortality Review Team Act.
3        (cc) Information regarding interments, entombments, or
4    inurnments of human remains that are submitted to the
5    Cemetery Oversight Database under the Cemetery Care Act or
6    the Cemetery Oversight Act, whichever is applicable.
7        (dd) Correspondence and records (i) that may not be
8    disclosed under Section 11-9 of the Illinois Public Aid
9    Code or (ii) that pertain to appeals under Section 11-8 of
10    the Illinois Public Aid Code.
11        (ee) The names, addresses, or other personal
12    information of persons who are minors and are also
13    participants and registrants in programs of park
14    districts, forest preserve districts, conservation
15    districts, recreation agencies, and special recreation
16    associations.
17        (ff) The names, addresses, or other personal
18    information of participants and registrants in programs of
19    park districts, forest preserve districts, conservation
20    districts, recreation agencies, and special recreation
21    associations where such programs are targeted primarily to
22    minors.
23        (gg) Confidential information described in Section
24    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
25        (hh) The report submitted to the State Board of
26    Education by the School Security and Standards Task Force



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1    under item (8) of subsection (d) of Section 2-3.160 of the
2    School Code and any information contained in that report.
3        (ii) Records requested by persons committed to or
4    detained by the Department of Human Services under the
5    Sexually Violent Persons Commitment Act or committed to the
6    Department of Corrections under the Sexually Dangerous
7    Persons Act if those materials: (i) are available in the
8    library of the facility where the individual is confined;
9    (ii) include records from staff members' personnel files,
10    staff rosters, or other staffing assignment information;
11    or (iii) are available through an administrative request to
12    the Department of Human Services or the Department of
13    Corrections.
14        (jj) Confidential information described in Section
15    5-535 of the Civil Administrative Code of Illinois.
16        (kk) Risk and vulnerability assessments, security
17    measures, schedules, certifications, and response policies
18    or plans that are designed to detect, defend against,
19    prevent, or respond to potential cyber attacks upon the
20    State's or an election authority's network systems, or
21    records that the disclosure of which would, in any way,
22    constitute a risk to the proper administration of elections
23    or voter registration. Information under this paragraph is
24    exempt only to the extent that disclosure could reasonably
25    be expected to jeopardize the effectiveness of the measures
26    or the safety of computer systems. Information exempt under



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1    this paragraph includes, but is not limited to, details
2    pertaining to the mobilization or deployment of personnel
3    or equipment, to the operation of communication systems or
4    protocols, or to tactical operations. This exemption
5    applies to records held by the State Board of Elections,
6    the Department of Innovation and Technology, election
7    authorities, and any other necessary party to protect the
8    administration of elections.
9    (1.5) Any information exempt from disclosure under the
10Judicial Privacy Act shall be redacted from public records
11prior to disclosure under this Act.
12    (2) A public record that is not in the possession of a
13public body but is in the possession of a party with whom the
14agency has contracted to perform a governmental function on
15behalf of the public body, and that directly relates to the
16governmental function and is not otherwise exempt under this
17Act, shall be considered a public record of the public body,
18for purposes of this Act.
19    (3) This Section does not authorize withholding of
20information or limit the availability of records to the public,
21except as stated in this Section or otherwise provided in this
23(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642,
24eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
25100-732, eff. 8-3-18.)



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1    Section 10. The Election Code is amended by changing
2Section 1A-55 as follows:
3    (10 ILCS 5/1A-55)
4    (Text of Section from P.A. 100-587)
5    Sec. 1A-55. Cyber security efforts. The State Board of
6Elections shall provide by rule, after at least 2 public
7hearings of the Board and in consultation with the election
8authorities, a Cyber Navigator Program to support the efforts
9of election authorities to defend against cyber breaches and
10detect and recover from cyber attacks. The rules shall include
11the Board's plan to allocate any resources received in
12accordance with the Help America Vote Act and provide that no
13less than half of any such funds received shall be allocated to
14the Cyber Navigator Program. The Cyber Navigator Program should
15be designed to provide equal support to all election
16authorities, with allowable modifications based on need. The
17remaining half of the Help America Vote Act funds shall be
18distributed as the State Board of Elections may determine, but
19no grants may be made to election authorities that do not
20participate in the Cyber Navigator Program.
21(Source: P.A. 100-587, eff. 6-4-18.)
22    (Text of Section from P.A. 100-623)
23    Sec. 1A-55. Cyber security efforts. The Board shall adopt
24rules, after at least 2 public hearings of the Board and in



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1consultation with election authorities, establishing a cyber
2navigator program to support election authorities' efforts to
3defend against cyber breaches and detect and recover from cyber
4attacks. The rules shall include the Board's plan to allocate
5any resources received in accordance with the 2018 federal Help
6America Vote Act Election Security Grant and provide that no
7less than half of the any funds received under the 2018 federal
8Help America Vote Act Election Security Grant shall be
9allocated to the cyber navigator program. The cyber navigator
10program shall be designed to provide equal support to all
11elections authorities with some modifications allowable based
12on need. The remaining half of the 2018 federal Help America
13Vote Act Election Security Grant funds shall be distributed as
14the Board sees fit, but no grants may be made to election
15authorities that do not participate in the cyber navigator
16program managed by the Board.
17(Source: P.A. 100-623, eff. 7-20-18.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.