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| | HB4596 Enrolled | | LRB097 17855 JDS 63077 b |
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1 | | AN ACT concerning government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Freedom of Information Act is amended by |
5 | | changing Section 7 as follows:
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6 | | (5 ILCS 140/7) (from Ch. 116, par. 207) |
7 | | Sec. 7. Exemptions.
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8 | | (1) When a request is made to inspect or copy a public |
9 | | record that contains information that is exempt from disclosure |
10 | | under this Section, but also contains information that is not |
11 | | exempt from disclosure, the public body may elect to redact the |
12 | | information that is exempt. The public body shall make the |
13 | | remaining information available for inspection and copying. |
14 | | Subject to this requirement, the following shall be exempt from |
15 | | inspection and copying:
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16 | | (a) Information specifically prohibited from |
17 | | disclosure by federal or
State law or rules and regulations |
18 | | implementing federal or State law.
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19 | | (b) Private information, unless disclosure is required |
20 | | by another provision of this Act, a State or federal law or |
21 | | a court order. |
22 | | (b-5) Files, documents, and other data or databases |
23 | | maintained by one or more law enforcement agencies and |
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1 | | specifically designed to provide information to one or more |
2 | | law enforcement agencies regarding the physical or mental |
3 | | status of one or more individual subjects. |
4 | | (c) Personal information contained within public |
5 | | records, the disclosure of which would constitute a clearly
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6 | | unwarranted invasion of personal privacy, unless the |
7 | | disclosure is
consented to in writing by the individual |
8 | | subjects of the information. "Unwarranted invasion of |
9 | | personal privacy" means the disclosure of information that |
10 | | is highly personal or objectionable to a reasonable person |
11 | | and in which the subject's right to privacy outweighs any |
12 | | legitimate public interest in obtaining the information. |
13 | | The
disclosure of information that bears on the public |
14 | | duties of public
employees and officials shall not be |
15 | | considered an invasion of personal
privacy.
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16 | | (d) Records in the possession of any public body |
17 | | created in the course of administrative enforcement
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18 | | proceedings, and any law enforcement or correctional |
19 | | agency for
law enforcement purposes,
but only to the extent |
20 | | that disclosure would:
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21 | | (i) interfere with pending or actually and |
22 | | reasonably contemplated
law enforcement proceedings |
23 | | conducted by any law enforcement or correctional
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24 | | agency that is the recipient of the request;
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25 | | (ii) interfere with active administrative |
26 | | enforcement proceedings
conducted by the public body |
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1 | | that is the recipient of the request;
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2 | | (iii) create a substantial likelihood that a |
3 | | person will be deprived of a fair trial or an impartial |
4 | | hearing;
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5 | | (iv) unavoidably disclose the identity of a |
6 | | confidential source, confidential information |
7 | | furnished only by the confidential source, or persons |
8 | | who file complaints with or provide information to |
9 | | administrative, investigative, law enforcement, or |
10 | | penal agencies; except that the identities of |
11 | | witnesses to traffic accidents, traffic accident |
12 | | reports, and rescue reports shall be provided by |
13 | | agencies of local government, except when disclosure |
14 | | would interfere with an active criminal investigation |
15 | | conducted by the agency that is the recipient of the |
16 | | request;
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17 | | (v) disclose unique or specialized investigative |
18 | | techniques other than
those generally used and known or |
19 | | disclose internal documents of
correctional agencies |
20 | | related to detection, observation or investigation of
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21 | | incidents of crime or misconduct, and disclosure would |
22 | | result in demonstrable harm to the agency or public |
23 | | body that is the recipient of the request;
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24 | | (vi) endanger the life or physical safety of law |
25 | | enforcement personnel
or any other person; or
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26 | | (vii) obstruct an ongoing criminal investigation |
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1 | | by the agency that is the recipient of the request.
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2 | | (d-5) A law enforcement record created for law |
3 | | enforcement purposes and contained in a shared electronic |
4 | | record management system if the law enforcement agency that |
5 | | is the recipient of the request did not create the record, |
6 | | did not participate in or have a role in any of the events |
7 | | which are the subject of the record, and only has access to |
8 | | the record through the shared electronic record management |
9 | | system. |
10 | | (e) Records that relate to or affect the security of |
11 | | correctional
institutions and detention facilities.
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12 | | (f) Preliminary drafts, notes, recommendations, |
13 | | memoranda and other
records in which opinions are |
14 | | expressed, or policies or actions are
formulated, except |
15 | | that a specific record or relevant portion of a
record |
16 | | shall not be exempt when the record is publicly cited
and |
17 | | identified by the head of the public body. The exemption |
18 | | provided in
this paragraph (f) extends to all those records |
19 | | of officers and agencies
of the General Assembly that |
20 | | pertain to the preparation of legislative
documents.
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21 | | (g) Trade secrets and commercial or financial |
22 | | information obtained from
a person or business where the |
23 | | trade secrets or commercial or financial information are |
24 | | furnished under a claim that they are
proprietary, |
25 | | privileged or confidential, and that disclosure of the |
26 | | trade
secrets or commercial or financial information would |
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1 | | cause competitive harm to the person or business, and only |
2 | | insofar as the claim directly applies to the records |
3 | | requested. |
4 | | The information included under this exemption includes |
5 | | all trade secrets and commercial or financial information |
6 | | obtained by a public body, including a public pension fund, |
7 | | from a private equity fund or a privately held company |
8 | | within the investment portfolio of a private equity fund as |
9 | | a result of either investing or evaluating a potential |
10 | | investment of public funds in a private equity fund. The |
11 | | exemption contained in this item does not apply to the |
12 | | aggregate financial performance information of a private |
13 | | equity fund, nor to the identity of the fund's managers or |
14 | | general partners. The exemption contained in this item does |
15 | | not apply to the identity of a privately held company |
16 | | within the investment portfolio of a private equity fund, |
17 | | unless the disclosure of the identity of a privately held |
18 | | company may cause competitive harm. |
19 | | Nothing contained in this
paragraph (g) shall be |
20 | | construed to prevent a person or business from
consenting |
21 | | to disclosure.
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22 | | (h) Proposals and bids for any contract, grant, or |
23 | | agreement, including
information which if it were |
24 | | disclosed would frustrate procurement or give
an advantage |
25 | | to any person proposing to enter into a contractor |
26 | | agreement
with the body, until an award or final selection |
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1 | | is made. Information
prepared by or for the body in |
2 | | preparation of a bid solicitation shall be
exempt until an |
3 | | award or final selection is made.
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4 | | (i) Valuable formulae,
computer geographic systems,
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5 | | designs, drawings and research data obtained or
produced by |
6 | | any public body when disclosure could reasonably be |
7 | | expected to
produce private gain or public loss.
The |
8 | | exemption for "computer geographic systems" provided in |
9 | | this paragraph
(i) does not extend to requests made by news |
10 | | media as defined in Section 2 of
this Act when the |
11 | | requested information is not otherwise exempt and the only
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12 | | purpose of the request is to access and disseminate |
13 | | information regarding the
health, safety, welfare, or |
14 | | legal rights of the general public.
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15 | | (j) The following information pertaining to |
16 | | educational matters: |
17 | | (i) test questions, scoring keys and other |
18 | | examination data used to
administer an academic |
19 | | examination;
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20 | | (ii) information received by a primary or |
21 | | secondary school, college, or university under its |
22 | | procedures for the evaluation of faculty members by |
23 | | their academic peers; |
24 | | (iii) information concerning a school or |
25 | | university's adjudication of student disciplinary |
26 | | cases, but only to the extent that disclosure would |
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1 | | unavoidably reveal the identity of the student; and |
2 | | (iv) course materials or research materials used |
3 | | by faculty members. |
4 | | (k) Architects' plans, engineers' technical |
5 | | submissions, and
other
construction related technical |
6 | | documents for
projects not constructed or developed in |
7 | | whole or in part with public funds
and the same for |
8 | | projects constructed or developed with public funds, |
9 | | including but not limited to power generating and |
10 | | distribution stations and other transmission and |
11 | | distribution facilities, water treatment facilities, |
12 | | airport facilities, sport stadiums, convention centers, |
13 | | and all government owned, operated, or occupied buildings, |
14 | | but
only to the extent
that disclosure would compromise |
15 | | security.
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16 | | (l) Minutes of meetings of public bodies closed to the
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17 | | public as provided in the Open Meetings Act until the |
18 | | public body
makes the minutes available to the public under |
19 | | Section 2.06 of the Open
Meetings Act.
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20 | | (m) Communications between a public body and an |
21 | | attorney or auditor
representing the public body that would |
22 | | not be subject to discovery in
litigation, and materials |
23 | | prepared or compiled by or for a public body in
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24 | | anticipation of a criminal, civil or administrative |
25 | | proceeding upon the
request of an attorney advising the |
26 | | public body, and materials prepared or
compiled with |
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1 | | respect to internal audits of public bodies.
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2 | | (n) Records relating to a public body's adjudication of |
3 | | employee grievances or disciplinary cases; however, this |
4 | | exemption shall not extend to the final outcome of cases in |
5 | | which discipline is imposed.
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6 | | (o) Administrative or technical information associated |
7 | | with automated
data processing operations, including but |
8 | | not limited to software,
operating protocols, computer |
9 | | program abstracts, file layouts, source
listings, object |
10 | | modules, load modules, user guides, documentation
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11 | | pertaining to all logical and physical design of |
12 | | computerized systems,
employee manuals, and any other |
13 | | information that, if disclosed, would
jeopardize the |
14 | | security of the system or its data or the security of
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15 | | materials exempt under this Section.
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16 | | (p) Records relating to collective negotiating matters
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17 | | between public bodies and their employees or |
18 | | representatives, except that
any final contract or |
19 | | agreement shall be subject to inspection and copying.
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20 | | (q) Test questions, scoring keys, and other |
21 | | examination data used to determine the qualifications of an |
22 | | applicant for a license or employment.
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23 | | (r) The records, documents, and information relating |
24 | | to real estate
purchase negotiations until those |
25 | | negotiations have been completed or
otherwise terminated. |
26 | | With regard to a parcel involved in a pending or
actually |
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1 | | and reasonably contemplated eminent domain proceeding |
2 | | under the Eminent Domain Act, records, documents and
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3 | | information relating to that parcel shall be exempt except |
4 | | as may be
allowed under discovery rules adopted by the |
5 | | Illinois Supreme Court. The
records, documents and |
6 | | information relating to a real estate sale shall be
exempt |
7 | | until a sale is consummated.
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8 | | (s) Any and all proprietary information and records |
9 | | related to the
operation of an intergovernmental risk |
10 | | management association or
self-insurance pool or jointly |
11 | | self-administered health and accident
cooperative or pool.
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12 | | Insurance or self insurance (including any |
13 | | intergovernmental risk management association or self |
14 | | insurance pool) claims, loss or risk management |
15 | | information, records, data, advice or communications.
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16 | | (t) Information contained in or related to |
17 | | examination, operating, or
condition reports prepared by, |
18 | | on behalf of, or for the use of a public
body responsible |
19 | | for the regulation or supervision of financial
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20 | | institutions or insurance companies, unless disclosure is |
21 | | otherwise
required by State law.
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22 | | (u) Information that would disclose
or might lead to |
23 | | the disclosure of
secret or confidential information, |
24 | | codes, algorithms, programs, or private
keys intended to be |
25 | | used to create electronic or digital signatures under the
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26 | | Electronic Commerce Security Act.
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1 | | (v) Vulnerability assessments, security measures, and |
2 | | response policies
or plans that are designed to identify, |
3 | | prevent, or respond to potential
attacks upon a community's |
4 | | population or systems, facilities, or installations,
the |
5 | | destruction or contamination of which would constitute a |
6 | | clear and present
danger to the health or safety of the |
7 | | community, but only to the extent that
disclosure could |
8 | | reasonably be expected to jeopardize the effectiveness of |
9 | | the
measures or the safety of the personnel who implement |
10 | | them or the public.
Information exempt under this item may |
11 | | include such things as details
pertaining to the |
12 | | mobilization or deployment of personnel or equipment, to |
13 | | the
operation of communication systems or protocols, or to |
14 | | tactical operations.
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15 | | (w) (Blank). |
16 | | (x) Maps and other records regarding the location or |
17 | | security of generation, transmission, distribution, |
18 | | storage, gathering,
treatment, or switching facilities |
19 | | owned by a utility, by a power generator, or by the |
20 | | Illinois Power Agency.
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21 | | (y) Information contained in or related to proposals, |
22 | | bids, or negotiations related to electric power |
23 | | procurement under Section 1-75 of the Illinois Power Agency |
24 | | Act and Section 16-111.5 of the Public Utilities Act that |
25 | | is determined to be confidential and proprietary by the |
26 | | Illinois Power Agency or by the Illinois Commerce |
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1 | | Commission.
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2 | | (z) Information about students exempted from |
3 | | disclosure under Sections 10-20.38 or 34-18.29 of the |
4 | | School Code, and information about undergraduate students |
5 | | enrolled at an institution of higher education exempted |
6 | | from disclosure under Section 25 of the Illinois Credit |
7 | | Card Marketing Act of 2009. |
8 | | (aa) Information the disclosure of which is
exempted |
9 | | under the Viatical Settlements Act of 2009.
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10 | | (bb) Records and information provided to a mortality |
11 | | review team and records maintained by a mortality review |
12 | | team appointed under the Department of Juvenile Justice |
13 | | Mortality Review Team Act. |
14 | | (cc) Information regarding interments, entombments, or |
15 | | inurnments of human remains that are submitted to the |
16 | | Cemetery Oversight Database under the Cemetery Care Act or |
17 | | the Cemetery Oversight Act, whichever is applicable. |
18 | | (dd) Correspondence and records (i) that may not be |
19 | | disclosed under Section 11-9 of the Public Aid Code or (ii) |
20 | | that pertain to appeals under Section 11-8 of the Public |
21 | | Aid Code. |
22 | | (ee) (dd) The names, addresses, or other personal |
23 | | information of persons who are minors and are also |
24 | | participants and registrants in programs of park |
25 | | districts, forest preserve districts, conservation |
26 | | districts, recreation agencies, and special recreation |
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1 | | associations. |
2 | | (ff) (ee) The names, addresses, or other personal |
3 | | information of participants and registrants in programs of |
4 | | park districts, forest preserve districts, conservation |
5 | | districts, recreation agencies, and special recreation |
6 | | associations where such programs are targeted primarily to |
7 | | minors. |
8 | | (2) A public record that is not in the possession of a |
9 | | public body but is in the possession of a party with whom the |
10 | | agency has contracted to perform a governmental function on |
11 | | behalf of the public body, and that directly relates to the |
12 | | governmental function and is not otherwise exempt under this |
13 | | Act, shall be considered a public record of the public body, |
14 | | for purposes of this Act. |
15 | | (3) This Section does not authorize withholding of |
16 | | information or limit the
availability of records to the public, |
17 | | except as stated in this Section or
otherwise provided in this |
18 | | Act.
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19 | | (Source: P.A. 96-261, eff. 1-1-10; 96-328, eff. 8-11-09; |
20 | | 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; 96-736, eff. 7-1-10; |
21 | | 96-863, eff. 3-1-10; 96-1378, eff. 7-29-10; 97-333, eff. |
22 | | 8-12-11; 97-385, eff. 8-15-11; 97-452, eff. 8-19-11; revised |
23 | | 9-2-11.)
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24 | | Section 99. Effective date. This Act takes effect upon |
25 | | becoming law.
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