SB2135 EngrossedLRB101 09971 HEP 55073 b

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



SB2135 Engrossed- 2 -LRB101 09971 HEP 55073 b

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



SB2135 Engrossed- 3 -LRB101 09971 HEP 55073 b

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



SB2135 Engrossed- 4 -LRB101 09971 HEP 55073 b

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



SB2135 Engrossed- 5 -LRB101 09971 HEP 55073 b

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



SB2135 Engrossed- 6 -LRB101 09971 HEP 55073 b

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



SB2135 Engrossed- 7 -LRB101 09971 HEP 55073 b

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



SB2135 Engrossed- 8 -LRB101 09971 HEP 55073 b

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



SB2135 Engrossed- 9 -LRB101 09971 HEP 55073 b

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



SB2135 Engrossed- 10 -LRB101 09971 HEP 55073 b

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



SB2135 Engrossed- 11 -LRB101 09971 HEP 55073 b

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.



SB2135 Engrossed- 12 -LRB101 09971 HEP 55073 b

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



SB2135 Engrossed- 13 -LRB101 09971 HEP 55073 b

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



SB2135 Engrossed- 14 -LRB101 09971 HEP 55073 b

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.



SB2135 Engrossed- 15 -LRB101 09971 HEP 55073 b

1    (1.5) Any information exempt from disclosure under the
2Judicial Privacy Act shall be redacted from public records
3prior to disclosure under this Act.
4    (2) A public record that is not in the possession of a
5public body but is in the possession of a party with whom the
6agency has contracted to perform a governmental function on
7behalf of the public body, and that directly relates to the
8governmental function and is not otherwise exempt under this
9Act, shall be considered a public record of the public body,
10for purposes of this Act.
11    (3) This Section does not authorize withholding of
12information or limit the availability of records to the public,
13except as stated in this Section or otherwise provided in this
15(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642,
16eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
17100-732, eff. 8-3-18.)