Full Text of SB2135 101st General Assembly
SB2135eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing 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 | 9 | | record that contains information that is exempt from disclosure | 10 | | under this Section, but also contains information that is not | 11 | | exempt from disclosure, the public body may elect to redact the | 12 | | information that is exempt. The public body shall make the | 13 | | remaining information available for inspection and copying. | 14 | | Subject to this requirement, the following shall be exempt from | 15 | | inspection 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 | | (d-6) A law enforcement record that is: (i) created by | 11 | | a law enforcement agency other than the law enforcement | 12 | | agency that is the recipient of the request; and (ii) | 13 | | attached as an exhibit to a law enforcement record created | 14 | | by the law enforcement agency that is the recipient of the | 15 | | request, if the law enforcement agency notifies the | 16 | | requester of the additional law enforcement records | 17 | | available from different law enforcement agencies and the | 18 | | law enforcement agencies the requester may contact to | 19 | | obtain records not produced by the law enforcement agency | 20 | | that is the recipient of the request. | 21 | | (e) Records that relate to or affect the security of | 22 | | correctional
institutions and detention facilities.
| 23 | | (e-5) Records requested by persons committed to the | 24 | | Department of Corrections, Department of Human Services | 25 | | Division of Mental Health, or a county jail if those | 26 | | materials are available in the library of the correctional |
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| 1 | | institution or facility or jail where the inmate is | 2 | | confined. | 3 | | (e-6) Records requested by persons committed to the | 4 | | Department of Corrections, Department of Human Services | 5 | | Division of Mental Health, or a county jail if those | 6 | | materials include records from staff members' personnel | 7 | | files, staff rosters, or other staffing assignment | 8 | | information. | 9 | | (e-7) Records requested by persons committed to the | 10 | | Department of Corrections or Department of Human Services | 11 | | Division of Mental Health if those materials are available | 12 | | through an administrative request to the Department of | 13 | | Corrections or Department of Human Services Division of | 14 | | Mental Health. | 15 | | (e-8) Records requested by a person committed to the | 16 | | Department of Corrections, Department of Human Services | 17 | | Division of Mental Health, or a county jail, the disclosure | 18 | | of which would result in the risk of harm to any person or | 19 | | the risk of an escape from a jail or correctional | 20 | | institution or facility. | 21 | | (e-9) Records requested by a person in a county jail or | 22 | | committed to the Department of Corrections or Department of | 23 | | Human Services Division of Mental Health, containing | 24 | | personal information pertaining to the person's victim or | 25 | | the victim's family, including, but not limited to, a | 26 | | victim's home address, home telephone number, work or |
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| 1 | | school address, work telephone number, social security | 2 | | number, or any other identifying information, except as may | 3 | | be relevant to a requester's current or potential case or | 4 | | claim. | 5 | | (e-10) Law enforcement records of other persons | 6 | | requested by a person committed to the Department of | 7 | | Corrections, Department of Human Services Division of | 8 | | Mental Health, or a county jail, including, but not limited | 9 | | to, arrest and booking records, mug shots, and crime scene | 10 | | photographs, except as these records may be relevant to the | 11 | | requester's current or potential case or claim. | 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 Illinois Public Aid | 20 | | Code or (ii) that pertain to appeals under Section 11-8 of | 21 | | the Illinois Public 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 | | (ii) Records requested by persons committed to or | 15 | | detained by the Department of Human Services under the | 16 | | Sexually Violent Persons Commitment Act or committed to the | 17 | | Department of Corrections under the Sexually Dangerous | 18 | | Persons Act if those materials: (i) are available in the | 19 | | library of the facility where the individual is confined; | 20 | | (ii) include records from staff members' personnel files, | 21 | | staff rosters, or other staffing assignment information; | 22 | | or (iii) are available through an administrative request to | 23 | | the Department of Human Services or the Department of | 24 | | Corrections. | 25 | | (jj) Confidential information described in Section | 26 | | 5-535 of the Civil Administrative Code of Illinois. |
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| 1 | | (1.5) Any information exempt from disclosure under the | 2 | | Judicial Privacy Act shall be redacted from public records | 3 | | prior to disclosure under this Act. | 4 | | (2) A public record that is not in the possession of a | 5 | | public body but is in the possession of a party with whom the | 6 | | agency has contracted to perform a governmental function on | 7 | | behalf of the public body, and that directly relates to the | 8 | | governmental function and is not otherwise exempt under this | 9 | | Act, shall be considered a public record of the public body, | 10 | | for purposes of this Act. | 11 | | (3) This Section does not authorize withholding of | 12 | | information or limit the
availability of records to the public, | 13 | | except as stated in this Section or
otherwise provided in this | 14 | | Act.
| 15 | | (Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642, | 16 | | eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17; | 17 | | 100-732, eff. 8-3-18.)
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