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


Sen. Terry Link

Filed: 3/15/2019





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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 if the law enforcement agency that is
11    the recipient of the request did not create the record and
12    did not participate in or have a role in any of the events
13    that are the subject of the record. If a law enforcement
14    agency receives a request for a law enforcement record
15    created for law enforcement purposes that it did not
16    create, the law enforcement agency shall direct the
17    requester to the agency that created the law enforcement
18    record. A law enforcement record created for law
19    enforcement purposes and contained in a shared electronic
20    record management system if the law enforcement agency that
21    is the recipient of the request did not create the record,
22    did not participate in or have a role in any of the events
23    which are the subject of the record, and only has access to
24    the record through the shared electronic record management
25    system.
26        (e) Records that relate to or affect the security of



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



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



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



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



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



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



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



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



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



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



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1    or (iii) are available through an administrative request to
2    the Department of Human Services or the Department of
3    Corrections.
4        (jj) Confidential information described in Section
5    5-535 of the Civil Administrative Code of Illinois.
6    (1.5) Any information exempt from disclosure under the
7Judicial Privacy Act shall be redacted from public records
8prior to disclosure under this Act.
9    (2) A public record that is not in the possession of a
10public body but is in the possession of a party with whom the
11agency has contracted to perform a governmental function on
12behalf of the public body, and that directly relates to the
13governmental function and is not otherwise exempt under this
14Act, shall be considered a public record of the public body,
15for purposes of this Act.
16    (3) This Section does not authorize withholding of
17information or limit the availability of records to the public,
18except as stated in this Section or otherwise provided in this
20(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642,
21eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
22100-732, eff. 8-3-18.)".