State of Illinois
91st General Assembly

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB206 Enrolled                                 LRB9102201MWpc

 1        AN ACT concerning emergency energy plans, amending  named
 2    Acts.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Freedom of Information Act is amended  by
 6    changing Section 7 as follows:

 7        (5 ILCS 140/7) (from Ch. 116, par. 207)
 8        Sec. 7.  Exemptions.
 9        (1)  The  following  shall  be exempt from inspection and
10    copying:
11             (a)  Information   specifically   prohibited    from
12        disclosure   by   federal  or  State  law  or  rules  and
13        regulations adopted under federal or State law.
14             (b)  Information   that,   if    disclosed,    would
15        constitute  a  clearly  unwarranted  invasion of personal
16        privacy, unless the disclosure is consented to in writing
17        by the  individual  subjects  of  the  information.   The
18        disclosure of information that bears on the public duties
19        of public employees and officials shall not be considered
20        an  invasion  of  personal privacy.  Information exempted
21        under this  subsection  (b)  shall  include  but  is  not
22        limited to:
23                  (i)  files  and personal information maintained
24             with  respect  to  clients,   patients,   residents,
25             students  or  other  individuals  receiving  social,
26             medical,    educational,    vocational,   financial,
27             supervisory or custodial care or  services  directly
28             or   indirectly  from  federal  agencies  or  public
29             bodies;
30                  (ii)  personnel files and personal  information
31             maintained  with respect to employees, appointees or
SB206 Enrolled              -2-                LRB9102201MWpc
 1             elected officials of any public body  or  applicants
 2             for those positions;
 3                  (iii)  files     and    personal    information
 4             maintained with respect to any applicant, registrant
 5             or licensee by any public body cooperating  with  or
 6             engaged     in    professional    or    occupational
 7             registration, licensure or discipline;
 8                  (iv)  information required of any  taxpayer  in
 9             connection  with the assessment or collection of any
10             tax unless disclosure is otherwise required by State
11             statute; and
12                  (v)  information  revealing  the  identity   of
13             persons   who   file   complaints  with  or  provide
14             information to  administrative,  investigative,  law
15             enforcement  or  penal  agencies; provided, however,
16             that  identification   of   witnesses   to   traffic
17             accidents,  traffic  accident  reports,  and  rescue
18             reports   may  be  provided  by  agencies  of  local
19             government, except in a case for  which  a  criminal
20             investigation  is  ongoing,  without  constituting a
21             clearly unwarranted  per  se  invasion  of  personal
22             privacy under this subsection.
23             (c)  Records   compiled   by  any  public  body  for
24        administrative  enforcement  proceedings  and   any   law
25        enforcement  or  correctional  agency for law enforcement
26        purposes or for internal matters of a  public  body,  but
27        only to the extent that disclosure would:
28                  (i)  interfere  with  pending  or  actually and
29             reasonably contemplated law enforcement  proceedings
30             conducted  by  any  law  enforcement or correctional
31             agency;
32                  (ii)  interfere  with  pending   administrative
33             enforcement  proceedings  conducted  by  any  public
34             body;
SB206 Enrolled              -3-                LRB9102201MWpc
 1                  (iii)  deprive  a  person of a fair trial or an
 2             impartial hearing;
 3                  (iv)  unavoidably disclose the  identity  of  a
 4             confidential   source  or  confidential  information
 5             furnished only by the confidential source;
 6                  (v)  disclose     unique     or     specialized
 7             investigative techniques other than those  generally
 8             used  and  known  or  disclose internal documents of
 9             correctional   agencies   related   to    detection,
10             observation  or  investigation of incidents of crime
11             or misconduct;
12                  (vi)  constitute  an   invasion   of   personal
13             privacy under subsection (b) of this Section;
14                  (vii)  endanger  the life or physical safety of
15             law enforcement personnel or any other person; or
16                  (viii)  obstruct    an     ongoing     criminal
17             investigation.
18             (d)  Criminal  history record information maintained
19        by State or local criminal justice agencies,  except  the
20        following  which  shall be open for public inspection and
21        copying:
22                  (i)  chronologically     maintained      arrest
23             information,  such  as  traditional  arrest  logs or
24             blotters;
25                  (ii)  the name of a person in the custody of  a
26             law  enforcement  agency  and  the charges for which
27             that person is being held;
28                  (iii)  court records that are public;
29                  (iv)  records  that  are  otherwise   available
30             under State or local law; or
31                  (v)  records  in  which the requesting party is
32             the individual identified, except as provided  under
33             part  (vii)  of  paragraph  (c) of subsection (1) of
34             this Section.
SB206 Enrolled              -4-                LRB9102201MWpc
 1             "Criminal history  record  information"  means  data
 2        identifiable   to   an   individual   and  consisting  of
 3        descriptions  or  notations   of   arrests,   detentions,
 4        indictments, informations, pre-trial proceedings, trials,
 5        or  other formal events in the criminal justice system or
 6        descriptions or notations of criminal charges  (including
 7        criminal  violations  of  local municipal ordinances) and
 8        the  nature  of  any   disposition   arising   therefrom,
 9        including  sentencing, court or correctional supervision,
10        rehabilitation and release.  The term does not  apply  to
11        statistical  records and reports in which individuals are
12        not identified and from which their  identities  are  not
13        ascertainable,  or  to  information  that is for criminal
14        investigative or intelligence purposes.
15             (e)  Records that relate to or affect  the  security
16        of correctional institutions and detention facilities.
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
24        records  of officers and agencies of the General Assembly
25        that pertain to the preparation of legislative documents.
26             (g)  Trade  secrets  and  commercial  or   financial
27        information  obtained from a person or business where the
28        trade secrets or information are proprietary,  privileged
29        or confidential, or where disclosure of the trade secrets
30        or  information may cause competitive harm, including all
31        information determined to be confidential  under  Section
32        4002  of  the Technology Advancement and Development Act.
33        Nothing  contained  in  this  paragraph  (g)   shall   be
34        construed to prevent a person or business from consenting
SB206 Enrolled              -5-                LRB9102201MWpc
 1        to disclosure.
 2             (h)  Proposals  and bids for any contract, grant, or
 3        agreement,  including  information  which  if   it   were
 4        disclosed   would   frustrate   procurement  or  give  an
 5        advantage  to  any  person  proposing  to  enter  into  a
 6        contractor agreement with the body,  until  an  award  or
 7        final  selection is made.  Information prepared by or for
 8        the body in preparation of a bid  solicitation  shall  be
 9        exempt until an award or final selection is made.
10             (i)  Valuable   formulae,   designs,   drawings  and
11        research data obtained or produced  by  any  public  body
12        when  disclosure  could reasonably be expected to produce
13        private gain or public loss.
14             (j)  Test  questions,   scoring   keys   and   other
15        examination   data   used   to   administer  an  academic
16        examination  or  determined  the  qualifications  of   an
17        applicant for a license or employment.
18             (k)  Architects'   plans  and  engineers'  technical
19        submissions for projects not constructed or developed  in
20        whole  or  in  part  with  public  funds and for projects
21        constructed or developed with public funds, to the extent
22        that disclosure would compromise security.
23             (l)  Library   circulation   and    order    records
24        identifying library users with specific materials.
25             (m)  Minutes  of meetings of public bodies closed to
26        the public as provided in the Open Meetings Act until the
27        public body makes the minutes  available  to  the  public
28        under Section 2.06 of the Open Meetings Act.
29             (n)  Communications  between  a  public  body and an
30        attorney or auditor representing  the  public  body  that
31        would  not  be  subject  to  discovery in litigation, and
32        materials prepared or compiled by or for a public body in
33        anticipation  of  a  criminal,  civil  or  administrative
34        proceeding upon the request of an attorney  advising  the
SB206 Enrolled              -6-                LRB9102201MWpc
 1        public  body,  and  materials  prepared  or compiled with
 2        respect to internal audits of public bodies.
 3             (o)  Information received by a primary or  secondary
 4        school,  college  or  university under its procedures for
 5        the evaluation  of  faculty  members  by  their  academic
 6        peers.
 7             (p)  Administrative    or    technical   information
 8        associated with  automated  data  processing  operations,
 9        including   but   not   limited  to  software,  operating
10        protocols,  computer  program  abstracts,  file  layouts,
11        source  listings,  object  modules,  load  modules,  user
12        guides,  documentation  pertaining  to  all  logical  and
13        physical  design  of   computerized   systems,   employee
14        manuals,  and  any  other information that, if disclosed,
15        would jeopardize the security of the system or  its  data
16        or the security of materials exempt under this Section.
17             (q)  Documents  or  materials relating to collective
18        negotiating  matters  between  public  bodies  and  their
19        employees  or  representatives,  except  that  any  final
20        contract or agreement shall be subject to inspection  and
21        copying.
22             (r)  Drafts,  notes,  recommendations  and memoranda
23        pertaining to the financing and marketing transactions of
24        the public body. The records of ownership,  registration,
25        transfer, and exchange of municipal debt obligations, and
26        of   persons  to  whom  payment  with  respect  to  these
27        obligations is made.
28             (s)  The records, documents and information relating
29        to  real  estate  purchase   negotiations   until   those
30        negotiations have been completed or otherwise terminated.
31        With regard to a parcel involved in a pending or actually
32        and  reasonably  contemplated  eminent  domain proceeding
33        under  Article  VII  of  the  Code  of  Civil  Procedure,
34        records,  documents  and  information  relating  to  that
SB206 Enrolled              -7-                LRB9102201MWpc
 1        parcel shall be exempt except as  may  be  allowed  under
 2        discovery  rules  adopted  by the Illinois Supreme Court.
 3        The records, documents and information relating to a real
 4        estate sale shall be exempt until a sale is consummated.
 5             (t)  Any and all proprietary information and records
 6        related to the operation  of  an  intergovernmental  risk
 7        management  association or self-insurance pool or jointly
 8        self-administered  health  and  accident  cooperative  or
 9        pool.
10             (u)  Information    concerning    a     university's
11        adjudication   of   student   or  employee  grievance  or
12        disciplinary cases, to the extent that  disclosure  would
13        reveal  the  identity  of  the  student  or  employee and
14        information concerning any public body's adjudication  of
15        student  or  employee  grievances  or disciplinary cases,
16        except for the final outcome of the cases.
17             (v)  Course materials or research materials used  by
18        faculty members.
19             (w)  Information  related  solely  to  the  internal
20        personnel rules and practices of a public body.
21             (x)  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.
27             (y)  Information   the   disclosure   of   which  is
28        restricted under Section 5-108 of  the  Public  Utilities
29        Act.
30             (z)  Manuals  or instruction to staff that relate to
31        establishment or collection of liability  for  any  State
32        tax  or that relate to investigations by a public body to
33        determine violation of any criminal law.
34             (aa)  Applications, related documents,  and  medical
SB206 Enrolled              -8-                LRB9102201MWpc
 1        records    received    by    the    Experimental    Organ
 2        Transplantation   Procedures   Board   and  any  and  all
 3        documents or other records prepared by  the  Experimental
 4        Organ  Transplantation  Procedures  Board  or  its  staff
 5        relating to applications it has received.
 6             (bb)  Insurance  or  self  insurance  (including any
 7        intergovernmental risk  management  association  or  self
 8        insurance   pool)   claims,   loss   or  risk  management
 9        information, records, data, advice or communications.
10             (cc)  Information and records held by the Department
11        of  Public  Health  and  its  authorized  representatives
12        relating  to  known  or  suspected  cases   of   sexually
13        transmissible  disease  or any information the disclosure
14        of  which  is  restricted  under  the  Illinois  Sexually
15        Transmissible Disease Control Act.
16             (dd)  Information  the  disclosure   of   which   is
17        exempted under Section 30 of the Radon Industry Licensing
18        Act.
19             (ee)  Firm  performance evaluations under Section 55
20        of the Architectural,  Engineering,  and  Land  Surveying
21        Qualifications Based Selection Act.
22             (ff)  Security  portions  of  system  safety program
23        plans, investigation reports, surveys, schedules,  lists,
24        data,  or information compiled, collected, or prepared by
25        or  for  the  Regional  Transportation  Authority   under
26        Section 2.11 of the Regional Transportation Authority Act
27        or  the  State  of  Missouri  under  the Bi-State Transit
28        Safety Act.
29             (gg)  Information  the  disclosure   of   which   is
30        restricted  and exempted under Section 50 of the Illinois
31        Prepaid Tuition Act.
32             (hh)  Information  the  disclosure   of   which   is
33        exempted under Section 80 of the State Gift Ban Act.
34             (ii)  Beginning  July 1, 1999, (hh) information that
SB206 Enrolled              -9-                LRB9102201MWpc
 1        would disclose or might lead to the disclosure of  secret
 2        or confidential information, codes, algorithms, programs,
 3        or  private keys intended to be used to create electronic
 4        or  digital  signatures  under  the  Electronic  Commerce
 5        Security Act.
 6             (jj)  Information contained  in  a  local  emergency
 7        energy  plan  submitted  to  a municipality in accordance
 8        with a local emergency  energy  plan  ordinance  that  is
 9        adopted under Section 11-21.5-5 of the Illinois Municipal
10        Code.
11        (2)  This  Section  does  not  authorize  withholding  of
12    information  or  limit  the  availability  of  records to the
13    public,  except  as  stated  in  this  Section  or  otherwise
14    provided in this Act.
15    (Source: P.A. 90-262, eff.  7-30-97;  90-273,  eff.  7-30-97;
16    90-546,  eff.  12-1-97;  90-655,  eff.  7-30-98; 90-737, eff.
17    1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)

18        Section 10.  The Illinois Municipal Code  is  amended  by
19    adding Division 21.5 to Article 11 as follows:

20        (65 ILCS 5/Art. 11, Div. 21.5 heading new)

22        (65 ILCS 5/11-21.1-5 new)
23        Sec. 11-21.1-5.  Local emergency energy plans.
24        (a)  Any    municipality,    including    a   home   rule
25    municipality, may, by ordinance, require any electric utility
26    (i) that serves more than 1,000,000 customers in Illinois and
27    (ii) that is operating within the  corporate  limits  of  the
28    municipality  to adopt and to provide the municipality with a
29    local emergency  energy  plan.   For  the  purposes  of  this
30    Section,  (i) "local emergency energy plan" or "plan" means a
31    planned course of action developed by  the  electric  utility
SB206 Enrolled              -10-               LRB9102201MWpc
 1    that  is implemented when the demand for electricity exceeds,
 2    or is  at  significant  risk  of  exceeding,  the  supply  of
 3    electricity available to the electric utility and (ii) "local
 4    emergency  energy  plan ordinance" means an ordinance adopted
 5    by the corporate authorities of the municipality  under  this
 6    Section that requires local emergency energy plans.
 7        (b)  A  local  emergency  energy  plan  must  include the
 8    following information:
 9             (1)  the  circumstances  that  would   require   the
10        implementation of the plan;
11             (2) the levels or stages of the plan;
12             (3) the approximate geographic limits of each outage
13        area provided for in the plan;
14             (4)  the approximate number of customers within each
15        outage area provided for in the plan;
16             (5) any police facilities, fire stations, hospitals,
17        nursing homes, schools, day care centers, senior citizens
18        centers,  community  health  centers,  dialysis  centers,
19        community mental health centers, correctional facilities,
20        stormwater   and   wastewater   treatment   or    pumping
21        facilities,  water-pumping stations,  buildings in excess
22        of 80 feet in height that have  been  identified  by  the
23        municipality,  and  persons  on life support systems that
24        are known to the electric utility that could be  affected
25        by  controlled rotating interruptions of electric service
26        under the plan; and
27             (6)   the  anticipated  sequence  and  duration   of
28        intentional  interruptions  of  electric  service to each
29        outage area under the plan.
30        (c) A local emergency energy plan ordinance  may  require
31    that,  when an electric utility determines it is necessary to
32    implement  a  controlled  rotating  interruption  of electric
33    service because the demand for electricity exceeds, or is  at
34    significant  risk  of  exceeding,  the  supply of electricity
SB206 Enrolled              -11-               LRB9102201MWpc
 1    available to  the  electric  utility,  the  electric  utility
 2    notify  a  designated  municipal  officer  that  the electric
 3    utility will be implementing its local emergency energy plan.
 4    The notification  shall  be  made  pursuant  to  a  procedure
 5    approved  by  the  municipality  after  consultation with the
 6    electric utility.
 7        (d) After providing the  notice  required  in  subsection
 8    (c),  an  electric  utility  shall  reasonably and separately
 9    advise designated municipal officials  before  it  implements
10    each  level  or  stage of the plan, which shall include (i) a
11    request for emergency help from neighboring utilities, (ii) a
12    declaration of a control area emergency, and (iii)  a  public
13    appeal for voluntary curtailment of electricity use.
14        (e) The electric utility must give a separate notice to a
15    designated municipal official immediately after it determines
16    that  there  will  be  a  controlled rotating interruption of
17    electric service under the local emergency energy plan.   The
18    notification must include (i) the areas in which service will
19    be  interrupted,  (ii) the sequence and estimated duration of
20    the service outage for each area, (iii) the affected feeders,
21    and (iv) the number  of  affected  customers  in  each  area.
22    Whenever practical, the notification shall be made at least 2
23    hours  before  the  time  of  the  outages.   If the electric
24    utility is aware that controlled rotating  interruptions  may
25    be  required,  the  notification may not be made less than 30
26    minutes before the outages.
27        (f) A local emergency energy plan ordinance  may  provide
28    civil  penalties  for  violations  of  its  provisions.   The
29    penalties  must  be  permitted  under  the Illinois Municipal
30    Code.
31        (g) The notifications required by  this  Section  are  in
32    addition  to  the notification requirements of any applicable
33    franchise agreement or  ordinance  and  to  the  notification
34    requirements  of  any  applicable federal or State law, rule,
SB206 Enrolled              -12-               LRB9102201MWpc
 1    and regulation.
 2        (h) Except for any penalties  or  remedies  that  may  be
 3    provided  in a local emergency energy plan ordinance, in this
 4    Act, or in rules adopted by the Illinois Commerce Commission,
 5    nothing  in  this  Section  shall  be  construed  to   impose
 6    liability  for   or prevent a utility from taking any actions
 7    that are necessary at any time, in any  order,  and  with  or
 8    without notice that are required to preserve the integrity of
 9    the  electric  utility's electrical system and interconnected
10    network.
11        (i) Nothing in this Section,  a  local  emergency  energy
12    plan  ordinance, or a local emergency energy plan creates any
13    duty  of  a  municipality  to  any  person  or  entity.    No
14    municipality  may  be subject to any claim or cause of action
15    arising, directly or indirectly, from its decision  to  adopt
16    or  to  refrain  from  adopting a local emergency energy plan
17    ordinance.  No municipality may be subject to  any  claim  or
18    cause of action arising, directly or indirectly, from any act
19    or  omission  under the terms of or information provided in a
20    local emergency energy plan filed  under  a  local  emergency
21    energy plan ordinance.

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.

[ Top ]