[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
91_SB0206sam001
LRB9102201MWgcam03
1 AMENDMENT TO SENATE BILL 206
2 AMENDMENT NO. . Amend Senate Bill 206 by replacing
3 the title with the following:
4 "AN ACT concerning emergency energy plans, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Freedom of Information Act is amended by
9 changing Section 7 as follows:
10 (5 ILCS 140/7) (from Ch. 116, par. 207)
11 Sec. 7. Exemptions.
12 (1) The following shall be exempt from inspection and
13 copying:
14 (a) Information specifically prohibited from
15 disclosure by federal or State law or rules and
16 regulations adopted under federal or State law.
17 (b) Information that, if disclosed, would
18 constitute a clearly unwarranted invasion of personal
19 privacy, unless the disclosure is consented to in writing
20 by the individual subjects of the information. The
21 disclosure of information that bears on the public duties
-2- LRB9102201MWgcam03
1 of public employees and officials shall not be considered
2 an invasion of personal privacy. Information exempted
3 under this subsection (b) shall include but is not
4 limited to:
5 (i) files and personal information maintained
6 with respect to clients, patients, residents,
7 students or other individuals receiving social,
8 medical, educational, vocational, financial,
9 supervisory or custodial care or services directly
10 or indirectly from federal agencies or public
11 bodies;
12 (ii) personnel files and personal information
13 maintained with respect to employees, appointees or
14 elected officials of any public body or applicants
15 for those positions;
16 (iii) files and personal information
17 maintained with respect to any applicant, registrant
18 or licensee by any public body cooperating with or
19 engaged in professional or occupational
20 registration, licensure or discipline;
21 (iv) information required of any taxpayer in
22 connection with the assessment or collection of any
23 tax unless disclosure is otherwise required by State
24 statute; and
25 (v) information revealing the identity of
26 persons who file complaints with or provide
27 information to administrative, investigative, law
28 enforcement or penal agencies; provided, however,
29 that identification of witnesses to traffic
30 accidents, traffic accident reports, and rescue
31 reports may be provided by agencies of local
32 government, except in a case for which a criminal
33 investigation is ongoing, without constituting a
34 clearly unwarranted per se invasion of personal
-3- LRB9102201MWgcam03
1 privacy under this subsection.
2 (c) Records compiled by any public body for
3 administrative enforcement proceedings and any law
4 enforcement or correctional agency for law enforcement
5 purposes or for internal matters of a public body, but
6 only to the extent that disclosure would:
7 (i) interfere with pending or actually and
8 reasonably contemplated law enforcement proceedings
9 conducted by any law enforcement or correctional
10 agency;
11 (ii) interfere with pending administrative
12 enforcement proceedings conducted by any public
13 body;
14 (iii) deprive a person of a fair trial or an
15 impartial hearing;
16 (iv) unavoidably disclose the identity of a
17 confidential source or confidential information
18 furnished only by the confidential source;
19 (v) disclose unique or specialized
20 investigative techniques other than those generally
21 used and known or disclose internal documents of
22 correctional agencies related to detection,
23 observation or investigation of incidents of crime
24 or misconduct;
25 (vi) constitute an invasion of personal
26 privacy under subsection (b) of this Section;
27 (vii) endanger the life or physical safety of
28 law enforcement personnel or any other person; or
29 (viii) obstruct an ongoing criminal
30 investigation.
31 (d) Criminal history record information maintained
32 by State or local criminal justice agencies, except the
33 following which shall be open for public inspection and
34 copying:
-4- LRB9102201MWgcam03
1 (i) chronologically maintained arrest
2 information, such as traditional arrest logs or
3 blotters;
4 (ii) the name of a person in the custody of a
5 law enforcement agency and the charges for which
6 that person is being held;
7 (iii) court records that are public;
8 (iv) records that are otherwise available
9 under State or local law; or
10 (v) records in which the requesting party is
11 the individual identified, except as provided under
12 part (vii) of paragraph (c) of subsection (1) of
13 this Section.
14 "Criminal history record information" means data
15 identifiable to an individual and consisting of
16 descriptions or notations of arrests, detentions,
17 indictments, informations, pre-trial proceedings, trials,
18 or other formal events in the criminal justice system or
19 descriptions or notations of criminal charges (including
20 criminal violations of local municipal ordinances) and
21 the nature of any disposition arising therefrom,
22 including sentencing, court or correctional supervision,
23 rehabilitation and release. The term does not apply to
24 statistical records and reports in which individuals are
25 not identified and from which their identities are not
26 ascertainable, or to information that is for criminal
27 investigative or intelligence purposes.
28 (e) Records that relate to or affect the security
29 of correctional institutions and detention facilities.
30 (f) Preliminary drafts, notes, recommendations,
31 memoranda and other records in which opinions are
32 expressed, or policies or actions are formulated, except
33 that a specific record or relevant portion of a record
34 shall not be exempt when the record is publicly cited and
-5- LRB9102201MWgcam03
1 identified by the head of the public body. The exemption
2 provided in this paragraph (f) extends to all those
3 records of officers and agencies of the General Assembly
4 that pertain to the preparation of legislative documents.
5 (g) Trade secrets and commercial or financial
6 information obtained from a person or business where the
7 trade secrets or information are proprietary, privileged
8 or confidential, or where disclosure of the trade secrets
9 or information may cause competitive harm, including all
10 information determined to be confidential under Section
11 4002 of the Technology Advancement and Development Act.
12 Nothing contained in this paragraph (g) shall be
13 construed to prevent a person or business from consenting
14 to disclosure.
15 (h) Proposals and bids for any contract, grant, or
16 agreement, including information which if it were
17 disclosed would frustrate procurement or give an
18 advantage to any person proposing to enter into a
19 contractor agreement with the body, until an award or
20 final selection is made. Information prepared by or for
21 the body in preparation of a bid solicitation shall be
22 exempt until an award or final selection is made.
23 (i) Valuable formulae, designs, drawings and
24 research data obtained or produced by any public body
25 when disclosure could reasonably be expected to produce
26 private gain or public loss.
27 (j) Test questions, scoring keys and other
28 examination data used to administer an academic
29 examination or determined the qualifications of an
30 applicant for a license or employment.
31 (k) Architects' plans and engineers' technical
32 submissions for projects not constructed or developed in
33 whole or in part with public funds and for projects
34 constructed or developed with public funds, to the extent
-6- LRB9102201MWgcam03
1 that disclosure would compromise security.
2 (l) Library circulation and order records
3 identifying library users with specific materials.
4 (m) Minutes of meetings of public bodies closed to
5 the public as provided in the Open Meetings Act until the
6 public body makes the minutes available to the public
7 under Section 2.06 of the Open Meetings Act.
8 (n) Communications between a public body and an
9 attorney or auditor representing the public body that
10 would not be subject to discovery in litigation, and
11 materials prepared or compiled by or for a public body in
12 anticipation of a criminal, civil or administrative
13 proceeding upon the request of an attorney advising the
14 public body, and materials prepared or compiled with
15 respect to internal audits of public bodies.
16 (o) Information received by a primary or secondary
17 school, college or university under its procedures for
18 the evaluation of faculty members by their academic
19 peers.
20 (p) Administrative or technical information
21 associated with automated data processing operations,
22 including but not limited to software, operating
23 protocols, computer program abstracts, file layouts,
24 source listings, object modules, load modules, user
25 guides, documentation pertaining to all logical and
26 physical design of computerized systems, employee
27 manuals, and any other information that, if disclosed,
28 would jeopardize the security of the system or its data
29 or the security of materials exempt under this Section.
30 (q) Documents or materials relating to collective
31 negotiating matters between public bodies and their
32 employees or representatives, except that any final
33 contract or agreement shall be subject to inspection and
34 copying.
-7- LRB9102201MWgcam03
1 (r) Drafts, notes, recommendations and memoranda
2 pertaining to the financing and marketing transactions of
3 the public body. The records of ownership, registration,
4 transfer, and exchange of municipal debt obligations, and
5 of persons to whom payment with respect to these
6 obligations is made.
7 (s) The records, documents and information relating
8 to real estate purchase negotiations until those
9 negotiations have been completed or otherwise terminated.
10 With regard to a parcel involved in a pending or actually
11 and reasonably contemplated eminent domain proceeding
12 under Article VII of the Code of Civil Procedure,
13 records, documents and information relating to that
14 parcel shall be exempt except as may be allowed under
15 discovery rules adopted by the Illinois Supreme Court.
16 The records, documents and information relating to a real
17 estate sale shall be exempt until a sale is consummated.
18 (t) Any and all proprietary information and records
19 related to the operation of an intergovernmental risk
20 management association or self-insurance pool or jointly
21 self-administered health and accident cooperative or
22 pool.
23 (u) Information concerning a university's
24 adjudication of student or employee grievance or
25 disciplinary cases, to the extent that disclosure would
26 reveal the identity of the student or employee and
27 information concerning any public body's adjudication of
28 student or employee grievances or disciplinary cases,
29 except for the final outcome of the cases.
30 (v) Course materials or research materials used by
31 faculty members.
32 (w) Information related solely to the internal
33 personnel rules and practices of a public body.
34 (x) Information contained in or related to
-8- LRB9102201MWgcam03
1 examination, operating, or condition reports prepared by,
2 on behalf of, or for the use of a public body responsible
3 for the regulation or supervision of financial
4 institutions or insurance companies, unless disclosure is
5 otherwise required by State law.
6 (y) Information the disclosure of which is
7 restricted under Section 5-108 of the Public Utilities
8 Act.
9 (z) Manuals or instruction to staff that relate to
10 establishment or collection of liability for any State
11 tax or that relate to investigations by a public body to
12 determine violation of any criminal law.
13 (aa) Applications, related documents, and medical
14 records received by the Experimental Organ
15 Transplantation Procedures Board and any and all
16 documents or other records prepared by the Experimental
17 Organ Transplantation Procedures Board or its staff
18 relating to applications it has received.
19 (bb) 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 (cc) Information and records held by the Department
24 of Public Health and its authorized representatives
25 relating to known or suspected cases of sexually
26 transmissible disease or any information the disclosure
27 of which is restricted under the Illinois Sexually
28 Transmissible Disease Control Act.
29 (dd) Information the disclosure of which is
30 exempted under Section 30 of the Radon Industry Licensing
31 Act.
32 (ee) Firm performance evaluations under Section 55
33 of the Architectural, Engineering, and Land Surveying
34 Qualifications Based Selection Act.
-9- LRB9102201MWgcam03
1 (ff) Security portions of system safety program
2 plans, investigation reports, surveys, schedules, lists,
3 data, or information compiled, collected, or prepared by
4 or for the Regional Transportation Authority under
5 Section 2.11 of the Regional Transportation Authority Act
6 or the State of Missouri under the Bi-State Transit
7 Safety Act.
8 (gg) Information the disclosure of which is
9 restricted and exempted under Section 50 of the Illinois
10 Prepaid Tuition Act.
11 (hh) Information the disclosure of which is
12 exempted under Section 80 of the State Gift Ban Act.
13 (ii) Beginning July 1, 1999, (hh) information that
14 would disclose or might lead to the disclosure of secret
15 or confidential information, codes, algorithms, programs,
16 or private keys intended to be used to create electronic
17 or digital signatures under the Electronic Commerce
18 Security Act.
19 (jj) Information contained in a local emergency
20 energy plan submitted to a municipality in accordance
21 with a local emergency energy plan ordinance that is
22 adopted under Section 11-21.5-5 of the Illinois Municipal
23 Code.
24 (2) This Section does not authorize withholding of
25 information or limit the availability of records to the
26 public, except as stated in this Section or otherwise
27 provided in this Act.
28 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
29 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
30 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
31 Section 10. The Illinois Municipal Code is amended by
32 adding Division 21.5 to Article 11 as follows:
-10- LRB9102201MWgcam03
1 (65 ILCS 5/Art. 11, Div. 21.5 heading new)
2 DIVISION 21.5 LOCAL EMERGENCY ENERGY PLANS
3 (65 ILCS 5/11-21.1-5 new)
4 Sec. 11-21.1-5. Local emergency energy plans.
5 (a) Any municipality, including a home rule
6 municipality, may, by ordinance, require any electric utility
7 (i) that serves more than 1,000,000 customers in Illinois and
8 (ii) that is operating within the corporate limits of the
9 municipality to adopt and to provide the municipality with a
10 local emergency energy plan. For the purposes of this
11 Section, (i) "local emergency energy plan" or "plan" means a
12 planned course of action developed by the electric utility
13 that is implemented when the demand for electricity exceeds,
14 or is at significant risk of exceeding, the supply of
15 electricity available to the electric utility and (ii) "local
16 emergency energy plan ordinance" means an ordinance adopted
17 by the corporate authorities of the municipality under this
18 Section that requires local emergency energy plans.
19 (b) A local emergency energy plan must include the
20 following information:
21 (1) the circumstances that would require the
22 implementation of the plan;
23 (2) the levels or stages of the plan;
24 (3) the approximate geographic limits of each outage
25 area provided for in the plan;
26 (4) the approximate number of customers within each
27 outage area provided for in the plan;
28 (5) any police facilities, fire stations, hospitals,
29 nursing homes, schools, day care centers, senior citizens
30 centers, community health centers, dialysis centers,
31 community mental health centers, correctional facilities,
32 stormwater and wastewater treatment or pumping
33 facilities, water-pumping stations, buildings in excess
-11- LRB9102201MWgcam03
1 of 80 feet in height that have been identified by the
2 municipality, and persons on life support systems that
3 are known to the electric utility that could be affected
4 by controlled rotating interruptions of electric service
5 under the plan; and
6 (6) the anticipated sequence and duration of
7 intentional interruptions of electric service to each
8 outage area under the plan.
9 (c) A local emergency energy plan ordinance may require
10 that, when an electric utility determines it is necessary to
11 implement a controlled rotating interruption of electric
12 service because the demand for electricity exceeds, or is at
13 significant risk of exceeding, the supply of electricity
14 available to the electric utility, the electric utility
15 notify a designated municipal officer that the electric
16 utility will be implementing its local emergency energy plan.
17 The notification shall be made pursuant to a procedure
18 approved by the municipality after consultation with the
19 electric utility.
20 (d) After providing the notice required in subsection
21 (c), an electric utility shall reasonably and separately
22 advise designated municipal officials before it implements
23 each level or stage of the plan, which shall include (i) a
24 request for emergency help from neighboring utilities, (ii) a
25 declaration of a control area emergency, and (iii) a public
26 appeal for voluntary curtailment of electricity use.
27 (e) The electric utility must give a separate notice to a
28 designated municipal official immediately after it determines
29 that there will be a controlled rotating interruption of
30 electric service under the local emergency energy plan. The
31 notification must include (i) the areas in which service will
32 be interrupted, (ii) the sequence and estimated duration of
33 the service outage for each area, (iii) the affected feeders,
34 and (iv) the number of affected customers in each area.
-12- LRB9102201MWgcam03
1 Whenever practical, the notification shall be made at least 2
2 hours before the time of the outages. If the electric
3 utility is aware that controlled rotating interruptions may
4 be required, the notification may not be made less than 30
5 minutes before the outages.
6 (f) A local emergency energy plan ordinance may provide
7 civil penalties for violations of its provisions. The
8 penalties must be permitted under the Illinois Municipal
9 Code.
10 (g) The notifications required by this Section are in
11 addition to the notification requirements of any applicable
12 franchise agreement or ordinance and to the notification
13 requirements of any applicable federal or State law, rule,
14 and regulation.
15 (h) Except for any penalties or remedies that may be
16 provided in a local emergency energy plan ordinance, in this
17 Act, or in rules adopted by the Illinois Commerce Commission,
18 nothing in this Section shall be construed to impose
19 liability for or prevent a utility from taking any actions
20 that are necessary at any time, in any order, and with or
21 without notice that are required to preserve the integrity of
22 the electric utility's electrical system and interconnected
23 network.
24 (i) Nothing in this Section, a local emergency energy
25 plan ordinance, or a local emergency energy plan creates any
26 duty of a municipality to any person or entity. No
27 municipality may be subject to any claim or cause of action
28 arising, directly or indirectly, from its decision to adopt
29 or to refrain from adopting a local emergency energy plan
30 ordinance. No municipality may be subject to any claim or
31 cause of action arising, directly or indirectly, from any act
32 or omission under the terms of or information provided in a
33 local emergency energy plan filed under a local emergency
34 energy plan ordinance.
-13- LRB9102201MWgcam03
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".