Illinois General Assembly - Full Text of SB2135
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Full Text of SB2135  101st General Assembly


Rep. Jay Hoffman

Filed: 5/6/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 2135 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from disclosure
10under this Section, but also contains information that is not
11exempt from disclosure, the public body may elect to redact the
12information that is exempt. The public body shall make the
13remaining information available for inspection and copying.
14Subject to this requirement, the following shall be exempt from
15inspection and copying:
16        (a) Information specifically prohibited from



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



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



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1        related to detection, observation or investigation of
2        incidents of crime or misconduct, and disclosure would
3        result in demonstrable harm to the agency or public
4        body that is the recipient of the request;
5            (vi) endanger the life or physical safety of law
6        enforcement personnel or any other person; or
7            (vii) obstruct an ongoing criminal investigation
8        by the agency that is the recipient of the request.
9        (d-5) A law enforcement record created for law
10    enforcement purposes and contained in a shared electronic
11    record management system if the law enforcement agency that
12    is the recipient of the request did not create the record,
13    did not participate in or have a role in any of the events
14    which are the subject of the record, and only has access to
15    the record through the shared electronic record management
16    system.
17        (d-6) A law enforcement record that is: (i) created by
18    a law enforcement agency other than the law enforcement
19    agency that is the recipient of the request; and (ii)
20    attached as an exhibit to a law enforcement record created
21    by the law enforcement agency that is the recipient of the
22    request, if the law enforcement agency notifies the
23    requester of the additional law enforcement records
24    available from different law enforcement agencies and the
25    law enforcement agencies the requester may contact to
26    obtain records not produced by the law enforcement agency



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1    that is the recipient of the request.
2        (e) Records that relate to or affect the security of
3    correctional institutions and detention facilities.
4        (e-5) Records requested by persons committed to the
5    Department of Corrections, Department of Human Services
6    Division of Mental Health, or a county jail if those
7    materials are available in the library of the correctional
8    institution or facility or jail where the inmate is
9    confined.
10        (e-6) Records requested by persons committed to the
11    Department of Corrections, Department of Human Services
12    Division of Mental Health, or a county jail if those
13    materials include records from staff members' personnel
14    files, staff rosters, or other staffing assignment
15    information.
16        (e-7) Records requested by persons committed to the
17    Department of Corrections or Department of Human Services
18    Division of Mental Health if those materials are available
19    through an administrative request to the Department of
20    Corrections or Department of Human Services Division of
21    Mental Health.
22        (e-8) Records requested by a person committed to the
23    Department of Corrections, Department of Human Services
24    Division of Mental Health, or a county jail, the disclosure
25    of which would result in the risk of harm to any person or
26    the risk of an escape from a jail or correctional



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1    institution or facility.
2        (e-9) Records requested by a person in a county jail or
3    committed to the Department of Corrections or Department of
4    Human Services Division of Mental Health, containing
5    personal information pertaining to the person's victim or
6    the victim's family, including, but not limited to, a
7    victim's home address, home telephone number, work or
8    school address, work telephone number, social security
9    number, or any other identifying information, except as may
10    be relevant to a requester's current or potential case or
11    claim.
12        (e-10) Law enforcement records of other persons
13    requested by a person committed to the Department of
14    Corrections, Department of Human Services Division of
15    Mental Health, or a county jail, including, but not limited
16    to, arrest and booking records, mug shots, and crime scene
17    photographs, except as these records may be relevant to the
18    requester's current or potential case or claim.
19        (f) Preliminary drafts, notes, recommendations,
20    memoranda and other records in which opinions are
21    expressed, or policies or actions are formulated, except
22    that a specific record or relevant portion of a record
23    shall not be exempt when the record is publicly cited and
24    identified by the head of the public body. The exemption
25    provided in this paragraph (f) extends to all those records
26    of officers and agencies of the General Assembly that



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1    pertain to the preparation of legislative documents.
2        (g) Trade secrets and commercial or financial
3    information obtained from a person or business where the
4    trade secrets or commercial or financial information are
5    furnished under a claim that they are proprietary,
6    privileged or confidential, and that disclosure of the
7    trade secrets or commercial or financial information would
8    cause competitive harm to the person or business, and only
9    insofar as the claim directly applies to the records
10    requested.
11        The information included under this exemption includes
12    all trade secrets and commercial or financial information
13    obtained by a public body, including a public pension fund,
14    from a private equity fund or a privately held company
15    within the investment portfolio of a private equity fund as
16    a result of either investing or evaluating a potential
17    investment of public funds in a private equity fund. The
18    exemption contained in this item does not apply to the
19    aggregate financial performance information of a private
20    equity fund, nor to the identity of the fund's managers or
21    general partners. The exemption contained in this item does
22    not apply to the identity of a privately held company
23    within the investment portfolio of a private equity fund,
24    unless the disclosure of the identity of a privately held
25    company may cause competitive harm.
26        Nothing contained in this paragraph (g) shall be



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1    construed to prevent a person or business from consenting
2    to disclosure.
3        (h) Proposals and bids for any contract, grant, or
4    agreement, including information which if it were
5    disclosed would frustrate procurement or give an advantage
6    to any person proposing to enter into a contractor
7    agreement with the body, until an award or final selection
8    is made. Information prepared by or for the body in
9    preparation of a bid solicitation shall be exempt until an
10    award or final selection is made.
11        (i) Valuable formulae, computer geographic systems,
12    designs, drawings and research data obtained or produced by
13    any public body when disclosure could reasonably be
14    expected to produce private gain or public loss. The
15    exemption for "computer geographic systems" provided in
16    this paragraph (i) does not extend to requests made by news
17    media as defined in Section 2 of this Act when the
18    requested information is not otherwise exempt and the only
19    purpose of the request is to access and disseminate
20    information regarding the health, safety, welfare, or
21    legal rights of the general public.
22        (j) The following information pertaining to
23    educational matters:
24            (i) test questions, scoring keys and other
25        examination data used to administer an academic
26        examination;



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1            (ii) information received by a primary or
2        secondary school, college, or university under its
3        procedures for the evaluation of faculty members by
4        their academic peers;
5            (iii) information concerning a school or
6        university's adjudication of student disciplinary
7        cases, but only to the extent that disclosure would
8        unavoidably reveal the identity of the student; and
9            (iv) course materials or research materials used
10        by faculty members.
11        (k) Architects' plans, engineers' technical
12    submissions, and other construction related technical
13    documents for projects not constructed or developed in
14    whole or in part with public funds and the same for
15    projects constructed or developed with public funds,
16    including but not limited to power generating and
17    distribution stations and other transmission and
18    distribution facilities, water treatment facilities,
19    airport facilities, sport stadiums, convention centers,
20    and all government owned, operated, or occupied buildings,
21    but only to the extent that disclosure would compromise
22    security.
23        (l) Minutes of meetings of public bodies closed to the
24    public as provided in the Open Meetings Act until the
25    public body makes the minutes available to the public under
26    Section 2.06 of the Open Meetings Act.



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1        (m) Communications between a public body and an
2    attorney or auditor representing the public body that would
3    not be subject to discovery in litigation, and materials
4    prepared or compiled by or for a public body in
5    anticipation of a criminal, civil or administrative
6    proceeding upon the request of an attorney advising the
7    public body, and materials prepared or compiled with
8    respect to internal audits of public bodies.
9        (n) Records relating to a public body's adjudication of
10    employee grievances or disciplinary cases; however, this
11    exemption shall not extend to the final outcome of cases in
12    which discipline is imposed.
13        (o) Administrative or technical information associated
14    with automated data processing operations, including but
15    not limited to software, operating protocols, computer
16    program abstracts, file layouts, source listings, object
17    modules, load modules, user guides, documentation
18    pertaining to all logical and physical design of
19    computerized systems, employee manuals, and any other
20    information that, if disclosed, would jeopardize the
21    security of the system or its data or the security of
22    materials exempt under this Section.
23        (p) Records relating to collective negotiating matters
24    between public bodies and their employees or
25    representatives, except that any final contract or
26    agreement shall be subject to inspection and copying.



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1        (q) Test questions, scoring keys, and other
2    examination data used to determine the qualifications of an
3    applicant for a license or employment.
4        (r) The records, documents, and information relating
5    to real estate purchase negotiations until those
6    negotiations have been completed or otherwise terminated.
7    With regard to a parcel involved in a pending or actually
8    and reasonably contemplated eminent domain proceeding
9    under the Eminent Domain Act, records, documents and
10    information relating to that parcel shall be exempt except
11    as may be allowed under discovery rules adopted by the
12    Illinois Supreme Court. The records, documents and
13    information relating to a real estate sale shall be exempt
14    until a sale is consummated.
15        (s) Any and all proprietary information and records
16    related to the operation of an intergovernmental risk
17    management association or self-insurance pool or jointly
18    self-administered health and accident cooperative or pool.
19    Insurance or self insurance (including any
20    intergovernmental risk management association or self
21    insurance pool) claims, loss or risk management
22    information, records, data, advice or communications.
23        (t) Information contained in or related to
24    examination, operating, or condition reports prepared by,
25    on behalf of, or for the use of a public body responsible
26    for the regulation or supervision of financial



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1    institutions or insurance companies, unless disclosure is
2    otherwise required by State law.
3        (u) Information that would disclose or might lead to
4    the disclosure of secret or confidential information,
5    codes, algorithms, programs, or private keys intended to be
6    used to create electronic or digital signatures under the
7    Electronic Commerce Security Act.
8        (v) Vulnerability assessments, security measures, and
9    response policies or plans that are designed to identify,
10    prevent, or respond to potential attacks upon a community's
11    population or systems, facilities, or installations, the
12    destruction or contamination of which would constitute a
13    clear and present danger to the health or safety of the
14    community, but only to the extent that disclosure could
15    reasonably be expected to jeopardize the effectiveness of
16    the measures or the safety of the personnel who implement
17    them or the public. Information exempt under this item may
18    include such things as details pertaining to the
19    mobilization or deployment of personnel or equipment, to
20    the operation of communication systems or protocols, or to
21    tactical operations.
22        (w) (Blank).
23        (x) Maps and other records regarding the location or
24    security of generation, transmission, distribution,
25    storage, gathering, treatment, or switching facilities
26    owned by a utility, by a power generator, or by the



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1    Illinois Power Agency.
2        (y) Information contained in or related to proposals,
3    bids, or negotiations related to electric power
4    procurement under Section 1-75 of the Illinois Power Agency
5    Act and Section 16-111.5 of the Public Utilities Act that
6    is determined to be confidential and proprietary by the
7    Illinois Power Agency or by the Illinois Commerce
8    Commission.
9        (z) Information about students exempted from
10    disclosure under Sections 10-20.38 or 34-18.29 of the
11    School Code, and information about undergraduate students
12    enrolled at an institution of higher education exempted
13    from disclosure under Section 25 of the Illinois Credit
14    Card Marketing Act of 2009.
15        (aa) Information the disclosure of which is exempted
16    under the Viatical Settlements Act of 2009.
17        (bb) Records and information provided to a mortality
18    review team and records maintained by a mortality review
19    team appointed under the Department of Juvenile Justice
20    Mortality Review Team Act.
21        (cc) Information regarding interments, entombments, or
22    inurnments of human remains that are submitted to the
23    Cemetery Oversight Database under the Cemetery Care Act or
24    the Cemetery Oversight Act, whichever is applicable.
25        (dd) Correspondence and records (i) that may not be
26    disclosed under Section 11-9 of the Illinois Public Aid



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1    Code or (ii) that pertain to appeals under Section 11-8 of
2    the Illinois Public Aid Code.
3        (ee) The names, addresses, or other personal
4    information of persons who are minors and are also
5    participants and registrants in programs of park
6    districts, forest preserve districts, conservation
7    districts, recreation agencies, and special recreation
8    associations.
9        (ff) The names, addresses, or other personal
10    information of participants and registrants in programs of
11    park districts, forest preserve districts, conservation
12    districts, recreation agencies, and special recreation
13    associations where such programs are targeted primarily to
14    minors.
15        (gg) Confidential information described in Section
16    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
17        (hh) The report submitted to the State Board of
18    Education by the School Security and Standards Task Force
19    under item (8) of subsection (d) of Section 2-3.160 of the
20    School Code and any information contained in that report.
21        (ii) Records requested by persons committed to or
22    detained by the Department of Human Services under the
23    Sexually Violent Persons Commitment Act or committed to the
24    Department of Corrections under the Sexually Dangerous
25    Persons Act if those materials: (i) are available in the
26    library of the facility where the individual is confined;



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1    (ii) include records from staff members' personnel files,
2    staff rosters, or other staffing assignment information;
3    or (iii) are available through an administrative request to
4    the Department of Human Services or the Department of
5    Corrections.
6        (jj) Confidential information described in Section
7    5-535 of the Civil Administrative Code of Illinois.
8    (1.5) Any information exempt from disclosure under the
9Judicial Privacy Act shall be redacted from public records
10prior to disclosure under this Act.
11    (2) A public record that is not in the possession of a
12public body but is in the possession of a party with whom the
13agency has contracted to perform a governmental function on
14behalf of the public body, and that directly relates to the
15governmental function and is not otherwise exempt under this
16Act, shall be considered a public record of the public body,
17for purposes of this Act.
18    (3) This Section does not authorize withholding of
19information or limit the availability of records to the public,
20except as stated in this Section or otherwise provided in this
22(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642,
23eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
24100-732, eff. 8-3-18.)
25    Section 10. The Metro-East Sanitary District Act of 1974 is



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1amended by changing Sections 3-1 and 3-3 as follows:
2    (70 ILCS 2905/3-1)  (from Ch. 42, par. 503-1)
3    Sec. 3-1. The district shall be governed by a Board of
4Commissioners, consisting of 5 commissioners. Two Three of the
5commissioners shall be residents of that portion of the
6district in the county having the greater equalized assessed
7valuation of the district, and 2 shall be residents of that
8portion of the district in the other county. The appointment of
9commissioners from each county shall be made by the chairman of
10the county board of that county with the advice and consent of
11the county board, except that in the case of a home rule county
12as defined by Article VII, Section 6, of the Constitution of
131970 the appointment shall be made by the chief executive
14officer of the county with the advice and consent of the county
15board. Beginning on the effective date of this amendatory Act
16of the 101st General Assembly, the mayor, or his or her
17designee, of the largest municipality in the county having the
18greater equalized assessed valuation of the district shall be
19an ex officio commissioner with a right to vote. If there is
20not a vacant commissioner position from the county having the
21greater equalized assessed valuation on the effective date of
22this amendatory Act of the 101st General Assembly, then the
23term of the last appointed commissioner from that county is
24terminated on the effective date of this amendatory Act of the
25101st General Assembly.



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1    The appointed commissioners from each county may not be
2from the same political party. Of the 5 commissioners, no more
3than 3 may be of the same political party. Of the 3
4commissioners from the county entitled to 3 appointments, no
5more than 2 may be of the same political party. The 2
6commissioners from the other county shall not be of the same
7political party.
8    The County Board Chairman of either county may remove any
9of the appointed commissioners from his or her county with the
10advice and consent of the county board.
11    In the first appointments to the Board of Commissioners,
12the appointing authority appointing 3 directors shall
13designate one appointee to serve for a term of one year, one
14for a term of 3 years and one for a term of 5 years, and the
15appointing authority appointing 2 directors shall designate
16one to serve for a term of 2 years and one for a term of 4
17years. Thereafter one commissioner shall be appointed by the
18appropriate appointing authority each year for a term of 5
19years to succeed the director whose term expires in that year.
20Any vacancy on the Board of Commissioners shall be filled by
21appointment by the appropriate appointing authority for the
22remainder of the unexpired term.
23    For the purpose of determining the ex officio commissioner,
24the county having the greater equalized assessed valuation of
25the district shall be established on January 1 of each year,
26and the ex officio commissioner shall serve until January 1 of



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1the following year. If the relative equalized assessed
2valuation changes so that the position of the 2 counties with
3respect to majority and minority representation on the board is
4reversed, the next appointment that would otherwise have been
5made by the appointing authority for the county formerly
6entitled to 3 directors shall be made by the appointing
7authority for the other county.
8(Source: P.A. 83-1422.)
9    (70 ILCS 2905/3-3)  (from Ch. 42, par. 503-3)
10    Sec. 3-3. (a) The board of commissioners shall be the
11corporate authority of the district. The board shall appoint an
12Executive Director who shall be the chief executive and
13administrative officer of the district and who shall have the
14powers provided in Article 4 of this Act. The Executive
15Director shall be a resident of the district.
16    The Executive Director's contract shall not: (1) be for a
17period longer than 1 year; (2) contain provisions allowing
18retroactive pay; (3) contain provisions allowing bonus pay; (4)
19limit termination for cause to a specific time period; (5)
20contain provisions allowing severance pay; (6) contain
21provisions allowing mutual non-disparaging agreements; or (7)
22contain provisions allowing arbitration.
23    The board may select a clerk and a treasurer.
24    The board shall, at its first meeting each year, select a
25president from its own membership.



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1    (b) The board of commissioners shall maintain the
2facilities and properties under the district's control, or
3supervision for purposes of maintenance, in compliance with the
4standards prescribed by the Department of Natural Resources.
5(Source: P.A. 89-445, eff. 2-7-96.)".