96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0305


 
Introduced 2/6/2009, by Sen. Dale E. Risinger
 
SYNOPSIS AS INTRODUCED:














New Act






5 ILCS 140/7
 from Ch. 116, par. 207








 Creates the Public-Private Transportation Act of 2009. Finds that the public need for timely development and operation of transportation facilities may not be wholly satisfied by the existing methods of delivering those services, and authorizing private entities to deliver those services to the public may more timely, more efficient, or less costly. Provides that a private entity may enter into a comprehensive agreements with the State and any agency or authority thereof, any city, village, incorporated town, or county and any other political subdivision of any of the foregoing for the development or operation of transportation facilities. Allows for the comprehensive agreement between the public and private entities to include a maximum rate of return for the private entity on the development or operation of the transportation facility, and provides for the allowable methods of compensation for both the public and private parties. Provides detailed rules and procedures for: the dedication of public property as a transportation facility, the powers and duties of the private entity, interim and service agreements, financing, material default and remedies, condemnation, crossing of utility lines, sovereign immunity, public disclosure, and procurement, among others. Amends the Freedom of Information Act to provide exemptions for certain proprietary information related to the new Act. Effective immediately.
















LRB096 03732 AJT 13761 b

















FISCAL NOTE ACT MAY APPLY


STATE DEBT IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0305

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1
 AN ACT concerning transportation.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 1. Short title. This Act may be cited as the 
5
Public-Private Transportation Act of 2009.

6
 Section 5. Definitions.
As used in this Act:
7
 "Affected jurisdiction" means any city, village, 
8
incorporated town, or county in which all or a portion of a 
9
qualifying transportation facility is located and any other 
10
responsible public entity directly affected by the qualifying 
11
transportation facility.
12
 "Asset management" means a systematic process of operating 
13
and maintaining the State highway system by combining 
14
engineering practices and analyses with sound business 
15
practices and economic theory to achieve cost-effective 
16
outcomes.
17
 "Comprehensive agreement" means the comprehensive 
18
agreement between the private entity and the responsible public 
19
entity required by Section 45 of this Act.
20
 "Concession" means any lease, license, franchise, 
21
easement, or other binding agreement transferring rights for 
22
the use or control, in whole or in part, of a qualifying 
23
transportation facility by a responsible public entity to a 
 


 






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private entity for a definite term during which the private 
2
entity will provide transportation-related services including, 
3
but not limited to, operations and maintenance, revenue 
4
collection, toll-collection enforcement, design, construction, 
5
and other activities that enhance throughput, reduce 
6
congestion, or otherwise manage the facility in return for the 
7
right to receive all or a portion of the revenues of the 
8
qualifying transportation facility.
9
 "Concession payment" means a payment from a private entity 
10
to a responsible public entity in connection with the 
11
development and/or operation of a qualifying transportation 
12
facility pursuant to a concession.
13
 "Develop" or "development" means to plan, design, develop, 
14
finance, lease, acquire, install, construct, or expand.

15
 "Interim agreement" means an agreement, including a 
16
memorandum of understanding or binding preliminary agreement, 
17
between the private entity and the responsible public entity 
18
that provides for completion of studies and any other 
19
activities to advance the development and/or operation of a 
20
qualifying transportation facility.
21
 "Maintenance" has the meaning ascribed to that term in 
22
Section 2-214 of the Illinois Highway Code.
23
 "Material default" means any default by the private entity 
24
in the performance of its duties under subsection (e) of 
25
Section 40 of this Act that jeopardizes adequate service to the 
26
public from a qualifying transportation facility and remains 
 


 






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unremedied after the responsible public entity has provided 
2
notice to the private entity and a reasonable cure period has 
3
elapsed.
4
 "Multimodal transportation facility" means a 
5
transportation facility consisting of multiple modes of 
6
transportation.

7
 "Operate" or "operation" means to finance, maintain, 
8
improve, equip, modify, repair, or operate.
9
 "Private entity" means any natural person, corporation, 
10
general partnership, limited liability company, limited 
11
partnership, joint venture, business trust, public benefit 
12
corporation, non-profit entity, or other business entity.
13
 "Public entity" means the State and any agency or authority 
14
thereof, any city, village, incorporated town, or county and 
15
any other political subdivision of any of the foregoing.
16
 "Public utility" has the meaning ascribed to it in Section 
17
3-105 of the Public Utilities Act.
18
 "Qualifying transportation facility" means one or more 
19
transportation facilities developed and/or operated by a 
20
private entity pursuant to this Act.
21
 "Responsible public entity" means a public entity, 
22
including local governments and regional authorities, that has 
23
the power to develop and/or operate the qualifying 
24
transportation facility.
25
 "Revenues" means all revenues, including, but not limited 
26
to, income, earnings, user fees, lease payments, allocations, 
 


 






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federal, State, regional, and local appropriations or the 
2
appropriations or other funds available to any political 
3
subdivision, authority, or instrumentality thereof, bond 
4
proceeds, equity investments, and/or service payments arising 
5
out of or in connection with supporting the development and/or 
6
operation of a qualifying transportation facility, including 
7
without limitation, money received as grants or otherwise from 
8
the United States of America, from any public entity, or from 
9
any agency or instrumentality of the foregoing in aid of such 
10
facility.
11
 "Service contract" means a contract entered into between a 
12
public entity and the private entity pursuant to Section 25 of 
13
this Act.
14
 "Service payments" means payments to the private entity in 
15
connection with the development and/or operation of a 
16
qualifying transportation facility pursuant to a service 
17
contract.
18
 "Transportation facility" means any road, bridge, tunnel, 
19
overpass, ferry, airport, mass transit facility, vehicle 
20
parking facility, port facility, or similar commercial 
21
facility used for the transportation of persons or goods, 
22
together with any buildings, structures, parking areas, 
23
appurtenances, and other property needed to operate such 
24
facility; however, a commercial or retail use or enterprise not 
25
essential to the transportation of persons or goods is not a 
26
"transportation facility".
 


 






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 "User fees" mean the rates, tolls, fees, or other charges 
2
imposed by the private entity for use of all or a portion of a 
3
qualifying transportation facility pursuant to the interim or 
4
comprehensive agreement.

5
 Section 10. Findings and policy. 
6
 (a) There is a public need for timely development and/or 
7
operation of transportation facilities within the State that 
8
address the needs identified by the appropriate State, 
9
regional, or local transportation plan by improving safety, 
10
reducing congestion, increasing capacity, and/or enhancing 
11
economic efficiency and that such public need may not be wholly 
12
satisfied by existing methods of procurement in which 
13
qualifying transportation facilities are developed and/or 
14
operated;
15
 (b) The public need may not be wholly satisfied by existing 
16
ways in which transportation facilities are developed and/or 
17
operated; and
18
 (c) Authorizing private entities to develop and/or operate 
19
one or more transportation facilities may result in the 
20
development and/or operation of such transportation facilities 
21
to the public in a more timely, more efficient, or less costly 
22
fashion, thereby serving the public safety and welfare.
23
  (1) An action, other than the approval of the 
24
 responsible public entity under Section 20 of this Act, 
25
 must serve the public purpose of this Act if such action, 
 


 






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 including undertaking a concession, facilitates the timely 
2
 development and/or operation of a qualifying 
3
 transportation facility.
4
  (2) It is the intent of this Act, among other things, 
5
 to encourage investment in the State by private entities 
6
 that facilitates the development and/or operation of 
7
 transportation facilities. Accordingly, public and private 
8
 entities may have the greatest possible flexibility in 
9
 contracting with each other for the provision of the public 
10
 services which are the subject of this Act.
11
  (3) This Act shall be liberally construed in conformity 
12
 with the purposes hereof.

13
 Section 15. Prerequisite for operation.
Any private entity 
14
seeking authorization under this Act to develop and/or operate 
15
a transportation facility must first obtain approval of the 
16
responsible public entity under Section 20. Such private entity 
17
may initiate the approval process by requesting approval 
18
pursuant to subsection (a) of Section 20 or the responsible 
19
public entity may request proposals pursuant to subsection (b) 
20
of Section 20.

21
 Section 20. Approval by the responsible public entity.
22
 (a) The private entity may request approval by the 
23
responsible public entity. Any such request must be accompanied 
24
by the following material and information unless waived by the 
 


 






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responsible public entity in its guidelines or other 
2
instructions given, in writing, to the private entity with 
3
respect to the transportation facility or facilities that the 
4
private entity proposes to develop and/or operate as a 
5
qualifying transportation facility:
6
  (1) A topographic map (1:2,000 or other appropriate 
7
 scale) indicating the location of the transportation 
8
 facility or facilities;
9
  (2) A description of the transportation facility or 
10
 facilities, including the conceptual design of such 
11
 facility or facilities and all proposed interconnections 
12
 with other transportation facilities;
13
  (3) The proposed date for development and/or operation 
14
 of the transportation facility or facilities along with an 
15
 estimate of the life-cycle cost of the transportation 
16
 facility as proposed;
17
  (4) A statement setting forth the method by which the 
18
 private entity proposes to secure any property interests 
19
 required for the transportation facility or facilities;
20
  (5) Information relating to the current transportation 
21
 plans, if any, of each affected jurisdiction;
22
  (6) A list of all permits and approvals required for 
23
 developing and/or operating improvements to the 
24
 transportation facility or facilities from local, State, 
25
 or federal agencies and a projected schedule for obtaining 
26
 such permits and approvals;
 


 






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  (7) A list of public utility facilities, if any, that 
2
 will be crossed by the transportation facility or 
3
 facilities and a statement of the plans of the private 
4
 entity to accommodate such crossings;
5
  (8) A statement setting forth the private entity's 
6
 general plans for developing and/or operating the 
7
 transportation facility or facilities, including 
8
 identification of any revenue, public or private, or 
9
 proposed debt or equity investment or concession proposed 
10
 by the private entity;
11
  (9) The names and addresses of the persons who may be 
12
 contacted for further information concerning the request;
13
  (10) Information on how the private entity's proposal 
14
 will address the needs identified in the appropriate State, 
15
 regional, or local transportation plan by improving 
16
 safety, reducing congestion, increasing capacity, and/or 
17
 enhancing economic efficiency; and
18
  (11) Such additional material and information as the 
19
 responsible public entity may reasonably request pursuant 
20
 to its guidelines or other written instructions.
21
 (b) The responsible public entity may request proposals 
22
from private entities for the development and/or operation of 
23
transportation facilities. The responsible public entity may 
24
not charge a fee to cover the costs of processing, reviewing, 
25
and evaluating proposals received in response to such requests.
26
 (c) The responsible public entity may grant approval of the 
 


 






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development and/or operation of the transportation facility or 
2
facilities as a qualifying transportation facility if the 
3
responsible public entity determines that it serves the public 
4
purpose of this Act. The responsible public entity may 
5
determine that the development and/or operation of the 
6
transportation facility or facilities as a qualifying 
7
transportation facility serves such public purpose if:
8
  (1) There is a public need for the transportation 
9
 facility or facilities the private entity proposes to 
10
 develop and/or operate as a qualifying transportation 
11
 facility;
12
  (2) The transportation facility or facilities and the 
13
 proposed interconnections with existing transportation 
14
 facilities, and the private entity's plans for development 
15
 and/or operation of the qualifying transportation facility 
16
 or facilities, are, in the opinion of the responsible 
17
 public entity, reasonable and will address the needs 
18
 identified in the appropriate State, regional, or local 
19
 transportation plan by improving safety, reducing 
20
 congestion, increasing capacity, and/or enhancing economic 
21
 efficiency;
22
  (3) The estimated cost of developing and/or operating 
23
 the transportation facility or facilities is reasonable in 
24
 relation to similar facilities; and
25
  (4) The private entity's plans will result in the 
26
 timely development and/or operation of the transportation 
 


 






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 facility or facilities or their more efficient operation.

2
 In evaluating any request, the responsible public entity 
3
 may rely upon internal staff reports prepared by personnel 
4
 familiar with the operation of similar facilities or the 
5
 advice of outside advisors or consultants having relevant 
6
 experience.
7
 (d) The responsible public entity may charge a reasonable 
8
fee to cover the costs of processing, reviewing, and evaluating 
9
the request submitted by a private entity pursuant to 
10
subsection (a), including without limitation, reasonable 
11
attorney's fees and fees for financial and other necessary 
12
advisors or consultants. The responsible public entity must 
13
also develop guidelines that establish the process for the 
14
acceptance and review of a proposal from a private entity 
15
pursuant to subsections (a) and (b). Such guidelines must 
16
establish a specific schedule for review of the proposal by the 
17
responsible public entity, a process for alteration of that 
18
schedule by the responsible public entity if it deems that 
19
changes are necessary because of the scope or complexity of 
20
proposals it receives, the process for receipt and review of 
21
competing proposals, and the type and amount of information 
22
that is necessary for adequate review of proposals in each 
23
stage of review. For qualifying transportation facilities that 
24
have approved or pending State and federal environmental 
25
clearances, secured significant right of way, have previously 
26
allocated significant State or federal funding, or exhibit 
 


 






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other circumstances that could reasonably reduce the amount of 
2
time to develop and/or operate the qualifying transportation 
3
facility in accordance with the purpose of this Act, the 
4
guidelines must provide for a prioritized documentation, 
5
review, and selection process.
6
 (e) The approval of the responsible public entity is 
7
subject to the private entity's entering into an interim 
8
agreement or a comprehensive agreement with the responsible 
9
public entity. For any project with an estimated construction 
10
cost of over $50,000,000, the responsible public entity must 
11
also require the private entity to pay the costs for an 
12
independent audit of any and all traffic and cost estimates 
13
associated with the private entity's proposal, as well as a 
14
review of all public costs and potential liabilities to which 
15
taxpayers could be exposed (including improvements to other 
16
transportation facilities that may be needed as a result of the 
17
proposal, failure by the private entity to reimburse the 
18
responsible public entity for services provided, and potential 
19
risk and liability in the event the private entity defaults on 
20
the comprehensive agreement or on bonds issued for the 
21
project). This independent audit must be conducted by an 
22
independent consultant selected by the responsible public 
23
entity, and all such information from such review must be fully 
24
disclosed.
25
 (f) In connection with its approval of the development 
26
and/or operation of the transportation facility or facilities 
 


 






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as a qualifying transportation facility, the responsible 
2
public entity must establish a date for the acquisition of or 
3
the beginning of construction of or improvements to the 
4
qualifying transportation facility. The responsible public 
5
entity may extend such date from time to time.
6
 (g) The responsible public entity must take appropriate 
7
action, as more specifically set forth in its guidelines, to 
8
protect confidential and proprietary information provided by 
9
the private entity pursuant to an agreement under paragraph 
10
(tt) of subsection (1) of Section 7 of the Freedom of 
11
Information Act.
12
 (h) The responsible public entity may also apply for, 
13
execute, and/or endorse applications submitted by private 
14
entities to obtain federal credit assistance for qualifying 
15
projects developed and/or operated pursuant to this Act.

16
 Section 25. Service contracts.
In addition to any authority 
17
otherwise conferred by law, any public entity may contract with 
18
a private entity for transportation services to be provided by 
19
a qualifying transportation facility in exchange for such 
20
service payments and other consideration as such public entity 
21
may deem appropriate.

22
 Section 30. Affected jurisdictions.

23
 (a) Any private entity requesting approval from, or 
24
submitting a proposal to, a responsible public entity under 
 


 






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Section 20 must notify each affected jurisdiction by furnishing 
2
a copy of its request or proposal to each affected 
3
jurisdiction.
4
 (b) Each affected jurisdiction that is not a responsible 
5
public entity for the respective qualifying transportation 
6
facility must, within 60 days after receiving a request for 
7
comments from the responsible public entity, submit any 
8
comments it may have in writing on the proposed qualifying 
9
transportation facility to the responsible public entity and 
10
indicating whether the facility will address the needs 
11
identified in the appropriate State, regional, or local 
12
transportation plan by improving safety, reducing congestion, 
13
increasing capacity, and/or enhancing economic efficiency.

14
 Section 35. Dedication of public property.
Any public 
15
entity may dedicate any property interest that it has for 
16
public use as a qualified transportation facility if it finds 
17
that so doing will serve the public purpose of this Act. In 
18
connection with such dedication, a public entity may convey any 
19
property interest that it has, subject to the conditions 
20
imposed by general law governing such conveyances, to the 
21
private entity, subject to the provisions of this Act, for such 
22
consideration as such public entity may determine. The 
23
aforementioned consideration may include, without limitation, 
24
the agreement of the private entity to develop and/or operate 
25
the qualifying transportation facility. The property interests 
 


 






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that the public entity may convey to the private entity in 
2
connection with a dedication under this Section may include 
3
licenses, franchises, easements, concessions, or any other 
4
right or interest the public entity deems appropriate. Such 
5
property interest including, but not limited to, a leasehold 
6
interest in and/or rights to use real property constituting a 
7
qualifying transportation facility is considered property 
8
indirectly owned by a government if described in Section 15-55 
9
of the Property Tax Code.

10
 Section 40. Powers and duties of the private entity.
11
 (a) The private entity has all power allowed by law 
12
generally to a private entity having the same form of 
13
organization as the private entity and has the power to develop 
14
and/or operate the qualifying transportation facility and 
15
impose user fees and/or enter into service contracts in 
16
connection with the use thereof.
17
 (b) The private entity may own, lease or acquire any other 
18
right to use or develop and/or operate the qualifying 
19
transportation facility.
20
 (c) Subject to applicable permit requirements, the private 
21
entity has the authority to cross any canal or navigable 
22
watercourse so long as the crossing does not unreasonably 
23
interfere with then current navigation and use of the waterway.
24
 (d) In operating the qualifying transportation facility, 
25
the private entity may:
 


 






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  (1) Make classifications according to reasonable 
2
 categories for assessment of user fees; and

3
  (2) With the consent of the responsible public entity, 
4
 make and enforce reasonable rules to the same extent that 
5
 the responsible public entity may make and enforce rules 
6
 with respect to a similar transportation facility.

7
 (e) The private entity must:
8
  (1) Develop and/or operate the qualifying 
9
 transportation facility in a manner that meets the 
10
 standards of the responsible public entity for 
11
 transportation facilities operated and maintained by such 
12
 responsible public entity, all in accordance with the 
13
 provisions of the interim agreement or the comprehensive 
14
 agreement;
15
  (2) Keep the qualifying transportation facility open 
16
 for use by the members of the public in accordance with the 
17
 terms and conditions of the interim or comprehensive 
18
 agreement after its initial opening upon payment of the 
19
 applicable user fees, and/or service payments; provided 
20
 that the qualifying transportation facility may be 
21
 temporarily closed because of emergencies or, with the 
22
 consent of the responsible public entity, to protect the 
23
 safety of the public or for reasonable construction or 
24
 maintenance procedures;
25
  (3) Maintain, or provide by contract for the 
26
 maintenance of, the qualifying transportation facility;
 


 






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  (4) Cooperate with the responsible public entity in 
2
 establishing any interconnection with the qualifying 
3
 transportation facility requested by the responsible 
4
 public entity; and
5
  (5) Comply with the provisions of the interim or 
6
 comprehensive agreement and any service contract.

7
 Section 45. Comprehensive agreement.
8
 (a) Prior to developing and/or operating the qualifying 
9
transportation facility, the private entity must enter into a 
10
comprehensive agreement with the responsible public entity. 
11
The comprehensive agreement must, as appropriate, provide for:
12
  (1) Delivery of performance and payment bonds in 
13
 connection with the development and/or operation of the 
14
 qualifying transportation facility, in the forms and 
15
 amounts satisfactory to the responsible public entity;
16
  (2) Review of plans for the development and/or 
17
 operation of the qualifying transportation facility by the 
18
 responsible public entity and approval by the responsible 
19
 public entity if the plans conform to standards acceptable 
20
 to the responsible public entity;
21
  (3) Inspection of construction of or improvements to 
22
 the qualifying transportation facility by the responsible 
23
 public entity to ensure that they conform to the standards 
24
 acceptable to the responsible public entity;
25
  (4) Maintenance of a policy or policies of public 
 


 






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 liability insurance (copies of which must be filed with the 
2
 responsible public entity accompanied by proofs of 
3
 coverage) or self-insurance, each in form and amount 
4
 satisfactory to the responsible public entity and 
5
 reasonably sufficient to insure coverage of tort liability 
6
 to the public and employees and to enable the continued 
7
 operation of the qualifying transportation facility;
8
  (5) Monitoring of the maintenance practices of the 
9
 private entity by the responsible public entity and the 
10
 taking of such actions as the responsible public entity 
11
 finds appropriate to ensure that the qualifying 
12
 transportation facility is properly maintained;
13
  (6) Reimbursement to be paid to the responsible public 
14
 entity for services provided by the responsible public 
15
 entity;
16
  (7) Filing of appropriate financial statements in a 
17
 form acceptable to the responsible public entity on a 
18
 periodic basis;
19
  (8) Compensation to the private entity which may 
20
 include a reasonable development fee, a reasonable maximum 
21
 rate of return on investment, and/or reimbursement of 
22
 development expenses in the event of termination for 
23
 convenience by the responsible public entity as agreed upon 
24
 between the responsible public entity and the private 
25
 entity;
26
  (9) The date of termination of the private entity's 
 


 






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 authority and duties under this Act and dedication to the 
2
 appropriate public entity; and
3
  (10) Guaranteed cost and completion guarantees related 
4
 to the development and/or operation of the qualified 
5
 transportation facility and payment of damages for failure 
6
 to meet the completion guarantee.

7
 (b) The comprehensive agreement must provide for such user 
8
fees as may be established from time to time by agreement of 
9
the parties. Any user fees must be set at a level that takes 
10
into account any lease payments, service payments, and 
11
compensation to the private entity or as specified in the 
12
comprehensive agreement. A copy of any service contract must be 
13
filed with the responsible public entity. A schedule of the 
14
current user fees must be made available by the private entity 
15
to any member of the public on request. In negotiating user 
16
fees under this Section, the parties must establish fees that 
17
are the same for persons using the facility under like 
18
conditions except as required by agreement between the parties 
19
to preserve capacity and prevent congestion on the qualifying 
20
transportation facility. The execution of the comprehensive 
21
agreement or any amendment thereto constitutes conclusive 
22
evidence that the user fees provided for therein comply with 
23
this Act. User fees established in the comprehensive agreement 
24
as a source of revenues may be in addition to, or in lieu of, 
25
service payments.
26
 (c) In the comprehensive agreement, the responsible public 
 


 






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entity may agree to make grants or loans for the development 
2
and/or operation of the qualifying transportation facility 
3
from time to time from amounts received from the federal 
4
government or any agency or instrumentality thereof.
5
 (d) The comprehensive agreement must incorporate the 
6
duties of the private entity under this Act and may contain 
7
such other terms and conditions that the responsible public 
8
entity determines serve the public purpose of this Act. Without 
9
limitation, the comprehensive agreement may contain provisions 
10
under which the responsible public entity agrees to provide 
11
notice of default and cure rights for the benefit of the 
12
private entity and the persons specified therein as providing 
13
financing for the qualifying transportation facility. The 
14
comprehensive agreement may contain such other lawful terms and 
15
conditions to which the private entity and the responsible 
16
public entity mutually agree, including, without limitation, 
17
provisions regarding unavoidable delays or provisions 
18
providing for a loan of public funds for the development and/or 
19
operation of one or more qualifying transportation facilities.
20
 (e) The comprehensive agreement must provide for the 
21
distribution of any earnings in excess of the maximum rate of 
22
return as negotiated in the comprehensive agreement. Without 
23
limitation, excess earnings may be distributed to the State's 
24
Road Fund, to the responsible public entity, or to the private 
25
entity for debt reduction or they may be shared with 
26
appropriate public entities. Any payments under a concession 
 


 






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arrangement for which the State is the responsible public 
2
entity must be paid into the Road Fund.
3
 (f) Any changes in the terms of the comprehensive 
4
agreement, as may be agreed upon by the parties from time to 
5
time, must be added to the comprehensive agreement by written 
6
amendment.
7
 (g) Notwithstanding any contrary provision of this Act, a 
8
responsible public entity may enter into a comprehensive 
9
agreement with multiple private entities if the responsible 
10
public entity determines in writing that it is in the public 
11
interest to do so.
12
 (h) The comprehensive agreement may provide for the 
13
development and/or operation of phases or segments of the 
14
qualifying transportation facility.

15
 Section 50. Interim agreement.

16
 (a) Prior to or in connection with the negotiation of the 
17
comprehensive agreement, the responsible public entity may 
18
enter into an interim agreement with the private entity 
19
proposing the development and/or operation of the facility or 
20
facilities. Such interim agreement may: (i) permit the private 
21
entity to commence activities for which it may be compensated 
22
relating to the proposed qualifying transportation facility, 
23
including project planning and development, advance 
24
right-of-way acquisition, design and engineering, 
25
environmental analysis and mitigation, survey, conducting 
 


 






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transportation and revenue studies, and ascertaining the 
2
availability of financing for the proposed facility or 
3
facilities; (ii) establish the process and timing of the 
4
negotiation of the comprehensive agreement; and (iii) contain 
5
any other provisions related to any aspect of the development 
6
and/or operation of a qualifying transportation facility that 
7
the parties may deem appropriate.
8
 (b) Notwithstanding anything to the contrary in this Act, a 
9
responsible public entity may enter in to an interim agreement 
10
with multiple private entities if the responsible public entity 
11
determines in writing that it is in the public interest to do 
12
so.

13
 Section 55. Multiple public entities.

14
 (a) If a private entity submits a proposal pursuant to 
15
subsection (a) of Section 20 of this Act to develop and/or 
16
operate a qualifying transportation facility or a multimodal 
17
transportation facility that may require approval by more than 
18
one public entity, representatives of each of the affected 
19
public entities must, prior to acceptance of such proposal, 
20
convene and determine which public entity will serve as the 
21
coordinating responsible public entity. Such determination 
22
must occur within 60 days of the receipt of a proposal by the 
23
respective public entities.
24
 (b) If public entities request proposals from private 
25
entities for the development and/or operation of a qualifying 
 


 






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1
transportation facility or a multimodal transportation 
2
facility pursuant to subsection (b) of Section 20, the 
3
determination of which public entity will serve as the 
4
coordinating responsible public entity must be made prior to 
5
any request for proposals.
6
 (c) Once a determination has been made in accordance with 
7
subsections (a) or (b), the coordinating responsible public 
8
entity and the private entity must proceed in accordance with 
9
this Act.

10
 Section 60. Federal, State and local assistance.

11
 (a) The responsible public entity may take any action to 
12
obtain federal, State, or local assistance for a qualifying 
13
transportation facility that serves the public purpose of this 
14
Act and may enter into any contracts required to receive such 
15
federal assistance. If the responsible public entity is a State 
16
agency, any funds received from the State or federal government 
17
or any agency or instrumentality thereof are subject to 
18
appropriation by the General Assembly. The responsible public 
19
entity may determine that it serves the public purpose of this 
20
Act for all or any portion of the costs of a qualifying 
21
transportation facility to be paid, directly or indirectly, 
22
from the proceeds of a grant or loan made by the local, State, 
23
or federal government or any agency or instrumentality thereof.
24
 (b) The responsible public entity may agree to make grants 
25
or loans for the development and/or operation of the qualifying 
 


 






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transportation facility from time to time from amounts received 
2
from the federal, State, or local government, or any agency or 
3
instrumentality thereof.
4
 (c) Nothing in this Act or in an interim or comprehensive 
5
agreement entered into pursuant to this Act may be deemed to 
6
enlarge, diminish, or affect the authority, if any, otherwise 
7
possessed by the responsible public entity to take action that 
8
would impact the debt capacity of the State or the affected 
9
jurisdictions.

10
 Section 65. Financing.
Any financing of a qualifying 
11
transportation facility may be in such amounts and upon such 
12
terms and conditions as may be determined by the parties to the 
13
interim or comprehensive agreement. Without limiting the 
14
generality of the foregoing, the private entity and the 
15
responsible public entity may propose to utilize any and all 
16
revenues that may be available to them and may, to the fullest 
17
extent permitted by applicable law, issue debt, equity, or 
18
other securities or obligations, enter into leases, 
19
concessions, and grant and loan agreements, access any 
20
designated transportation trust funds, borrow or accept grants 
21
from any State infrastructure bank and secure any financing 
22
with a pledge of, security interest in, or lien on, any or all 
23
of its property, including all of its property interests in the 
24
qualifying transportation facility.

 


 






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 Section 70. Material default; remedies.
2
 (a) Upon the occurrence and during the continuation of 
3
material default, the responsible public entity may exercise 
4
any or all of the following remedies:
5
  (1) The responsible public entity may elect to take 
6
 over the transportation facility or facilities and in such 
7
 case it must succeed to all of the right, title and 
8
 interest in such transportation facility or facilities, 
9
 subject to any liens on revenues previously granted by the 
10
 private entity to any person providing financing therefor;

11
  (2) The responsible public entity may terminate the 
12
 interim or comprehensive agreement and exercise any other 
13
 rights and remedies which may be available to it at law or 
14
 in equity; or
15
  (3) The responsible public entity may make or cause to 
16
 be made any appropriate claims under the performance and/or 
17
 payment bonds required by Section 45.
18
 (b) In the event the responsible public entity elects to 
19
take over a qualifying transportation facility pursuant to 
20
subsection (a), the responsible public entity may develop 
21
and/or operate the transportation facility, impose user fees 
22
for the use thereof and comply with any service contracts as if 
23
it were the private entity. Any revenues that are subject to a 
24
lien must be collected for the benefit of, and paid to, secured 
25
parties, as their interests may appear, to the extent necessary 
26
to satisfy the private entity's obligations to secured parties, 
 


 






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including the maintenance of reserves and such liens must be 
2
correspondingly reduced and, when paid off, released. Before 
3
any payments to, or for the benefit of, secured parties, the 
4
responsible public entity may use revenues to pay current 
5
operation and maintenance costs of the transportation facility 
6
or facilities, including compensation to the responsible 
7
public entity for its services in operating and maintaining the 
8
qualifying transportation facility. Remaining revenues, if 
9
any, after all payments for operation and maintenance of the 
10
transportation facility or facilities, and to, or for the 
11
benefit of, secured parties, have been made, must be paid to 
12
the private entity, subject to the negotiated maximum rate of 
13
return. The right to receive such payment, if any, must be 
14
considered just compensation for the transportation facility 
15
or facilities. The full faith and credit of the responsible 
16
public entity may not be pledged to secure any financing of the 
17
private entity by the election to take over the qualifying 
18
transportation facility. Assumption of operation of the 
19
qualifying transportation facility does not obligate the 
20
responsible public entity to pay any obligation of the private 
21
entity from sources other than revenues.

22
 Section 75. Condemnation.
23
 (a) At the request of the private entity, the responsible 
24
public entity may exercise any power of condemnation that it 
25
has under law for the purpose of acquiring any lands or estates 
 


 






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or interests therein to the extent that the responsible public 
2
entity finds that such action serves the public purpose of this 
3
Act. Any amounts to be paid in any such condemnation proceeding 
4
must be paid by the private entity.
5
 (b) Except as provided in subsection (a), until the 
6
Secretary of State, after notice to the private entity and the 
7
secured parties, as may appear in the private entity's records, 
8
and an opportunity for hearing, has entered a final declaratory 
9
judgment that a material default has occurred and is 
10
continuing, the power of condemnation may not be exercised 
11
against a qualifying transportation facility.
12
 (c) After the entry of such final order by the Secretary of 
13
State, any responsible public entity having the power of 
14
condemnation under State law may exercise such power of 
15
condemnation in lieu of, or at any time after taking over the 
16
transportation facility pursuant to paragraph (1) of Section 70 
17
of this Act, to acquire the qualifying transportation facility 
18
or facilities. Nothing in this Act may be construed to limit 
19
the exercise of the power of condemnation by any responsible 
20
public entity against a qualifying transportation facility 
21
after the entry by the Secretary of State of a final 
22
declaratory judgment order pursuant to subsection (b). Any 
23
person that has provided financing for the qualifying 
24
transportation facility and the private entity, to the extent 
25
of its capital investment, may participate in the condemnation 
26
proceedings with the standing of a property owner.

 


 






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 Section 80. Utility crossings.
The private entity and each 
2
public utility, railroad, and cable television provider, whose 
3
facilities are to be crossed or affected must cooperate fully 
4
with the other in planning and arranging the manner of the 
5
crossing or relocation of the facilities. Any such entity 
6
possessing the power of condemnation is hereby expressly 
7
granted such powers in connection with the moving or relocation 
8
of facilities to be crossed by the qualifying transportation 
9
facility or that must be relocated to the extent that such 
10
moving or relocation is made necessary or desirable by 
11
construction of or improvements to the qualifying 
12
transportation facility, which will be construed to include 
13
construction of or improvements to temporary facilities for the 
14
purpose of providing service during the period of construction 
15
or improvement. Should the private entity and any such public 
16
utility, railroad, and cable television provider not be able to 
17
agree upon a plan for the crossing or relocation, the Illinois 
18
Commerce Commission may determine the manner in which the 
19
crossing or relocation is to be accomplished and any damages 
20
due arising out of the crossing or relocation. The Illinois 
21
Commerce Commission may employ expert engineers who will 
22
examine the location and plans for such crossing or relocation, 
23
hear any objections and consider modifications, and make a 
24
recommendation to the Illinois Commerce Commission. In such a 
25
case, the cost of the experts is to be borne by the private 
 


 






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entity. Any amount to be paid for such crossing, construction, 
2
moving or relocating of facilities must be paid for by the 
3
private entity or any other person contractually responsible 
4
therefor under the interim or comprehensive agreement or under 
5
any other contract, license or permit. The Illinois Commerce 
6
Commission must make a determination within 90 days of 
7
notification by the private entity that the qualifying 
8
transportation facility will cross utilities subject to the 
9
Illinois Commerce Commission's jurisdiction.

10
 Section 85. Police powers; violations of law.
11
 (a) All police officers of the State and of each affected 
12
local jurisdiction, have the same powers and jurisdiction 
13
within the limits of such qualifying transportation facility as 
14
they have in their respective areas of jurisdiction and such 
15
police officers will have access to the qualifying 
16
transportation facility at any time for the purpose of 
17
exercising such powers and jurisdiction. This authority does 
18
not extend to the private offices, buildings, garages, and 
19
other improvements of the private entity to any greater degree 
20
than the police power extends to any other private buildings 
21
and improvements.
22
 (b) To the extent the transportation facility is a road, 
23
bridge, tunnel, overpass, or similar transportation facility 
24
for motor vehicles, the traffic and motor vehicle laws of the 
25
State or, if applicable, any local jurisdiction must be the 
 


 






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1
same as those applying to conduct on similar transportation 
2
facilities in the State or such local jurisdiction. Punishment 
3
for offenses shall be as prescribed by law for conduct 
4
occurring on similar transportation facilities in the State or 
5
such local jurisdiction.

6
 Section 90. Dedication of assets.
The responsible public 
7
entity must terminate the private entity's authority and duties 
8
under this Act on the date set forth in the interim or 
9
comprehensive agreement. Upon termination, the authority and 
10
duties of the private entity under this Act will cease, and the 
11
qualifying transportation facility will be dedicated to the 
12
responsible public entity or, if the qualifying transportation 
13
facility was initially dedicated by an affected jurisdiction, 
14
to such affected local jurisdiction for public use.

15
 Section 95. Sovereign immunity.
Nothing in this Act may be 
16
construed as or deemed a waiver of the sovereign immunity of 
17
the State, any responsible public entity or any affected local 
18
jurisdiction or any officer or employee thereof with respect to 
19
the participation in, or approval of all or any part of the 
20
qualifying transportation facility or its operation, including 
21
but not limited to interconnection of the qualifying 
22
transportation facility with any other transportation 
23
facility. A city, village, incorporated town, or county in 
24
which a qualifying transportation facility is located has 
 


 






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sovereign immunity with respect to its construction and 
2
operation.

3
 Section 100. Procurement.
4
 (a) The Illinois Procurement Code does not apply to this 
5
Act; however, a responsible public entity may enter into an 
6
interim or a comprehensive agreement only in accordance with 
7
guidelines adopted by it as follows:
8
  (1) A responsible public entity may enter into an 
9
 interim or a comprehensive agreement in accordance with 
10
 guidelines adopted by it that are consistent with 
11
 procurement through "competitive sealed bidding" as 
12
 provided in Section 20-10 of the Illinois Procurement Code.
13
  (2) A responsible public entity may enter into an 
14
 interim or a comprehensive agreement in accordance with 
15
 guidelines adopted by it that are consistent with the 
16
 procurement of "other than professional services" through 
17
 competitive sealed bidding as provided in Sections 20-10 
18
 and 30-15 of the Illinois Procurement Code. Such 
19
 responsible public entity may not be required to select the 
20
 proposal with the lowest price offer, but may consider 
21
 price as one factor in evaluating the proposals received. 
22
 Other factors that may be considered include (i) the 
23
 proposed cost of the qualifying transportation facility; 
24
 (ii) the general reputation, qualifications, industry 
25
 experience, and financial capacity of the private entity; 
 


 






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 (iii) the proposed design, operation, and feasibility of 
2
 the qualifying transportation facility; (iv) the 
3
 eligibility of the facility for priority selection, 
4
 review, and documentation timelines under the responsible 
5
 public entity's guidelines; (v) local citizen and public 
6
 entity comments; (vi) benefits to the public; (vii) the 
7
 private entity's compliance with a minority business 
8
 enterprise participation plan or good faith effort to 
9
 comply with the goals of such plan; (viii) the private 
10
 entity's plans to employ local contractors and residents; 
11
 (ix) the safety record of the private entity; (x) the 
12
 ability of the facility to address the needs identified in 
13
 the appropriate State, regional or local transportation 
14
 plan by improving safety, reducing congestion, increasing 
15
 capacity, and/or enhancing economic efficiency; and (xi) 
16
 other criteria that the responsible public entity deems 
17
 appropriate.
18
  A responsible public entity must proceed in accordance 
19
 with the guidelines adopted by it pursuant to paragraph (1) 
20
 of this subsection unless it determines that proceeding in 
21
 accordance with the guidelines adopted by it pursuant to 
22
 this paragraph is likely to be advantageous to the 
23
 responsible public entity and the public, based on: (i) the 
24
 probable scope, complexity, or urgency of a project; (ii) 
25
 risk sharing including guaranteed cost or completion 
26
 guarantees, added value, or debt or equity investments 
 


 






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1
 proposed by the private entity; or (iii) an increase in 
2
 funding, dedicated revenue source or other economic 
3
 benefit that would not otherwise be available. When the 
4
 responsible public entity determines to proceed according 
5
 to the guidelines adopted by it pursuant to this paragraph, 
6
 it must state the reasons for its determination in writing. 
7
 If a State agency is the responsible public entity, the 
8
 approval of the Secretary of the Illinois Department of 
9
 Transportation may be required as more specifically set 
10
 forth in the guidelines before the comprehensive agreement 
11
 is signed.
12
  (3) Interim or comprehensive agreements for 
13
 maintenance or asset management services for a 
14
 transportation facility that is a highway, bridge, tunnel, 
15
 or overpass, and any amendment or change order thereto that 
16
 increases the highway lane-miles receiving services under 
17
 such an agreement, must be procured in accordance with 
18
 guidelines that are consistent with procurement through 
19
 "competitive sealed bidding" as provided in Section 20-10 
20
 of the Illinois Procurement Code. Furthermore, such 
21
 contracts must be of a size and scope to encourage maximum 
22
 competition and participation by agency prequalified 
23
 contractors and otherwise qualified contractors.
24
  (4) The provisions of paragraph (3) do not apply to 
25
 maintenance or asset management services agreed to as part 
26
 of the initial provisions of any interim or comprehensive 
 


 






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1
 agreement entered into for the original construction, 
2
 reconstruction, or improvement of any highway pursuant to 
3
 this Act and do not apply to any concession that, at a 
4
 minimum, provides for (i) the construction, 
5
 reconstruction, or improvement of any transportation 
6
 facility or (ii) the operation and maintenance of any 
7
 transportation facility with existing toll facilities.
8
  (5) Nothing in this Section requires professional 
9
 services be procured by any method other than competitive 
10
 sealed bidding in accordance with the Illinois Procurement 
11
 Code.

12
 Section 105. Posting of conceptual proposals; public 
13
comment; public access to procurement records.
14
 (a) Conceptual proposals submitted in accordance with 
15
subsection (a) or (b) of Section 20 of this Act to a 
16
responsible public entity must be posted by the responsible 
17
public entity within 10 working days after acceptance of such 
18
proposals as follows:
19
  (1) For responsible public entities that are State 
20
 agencies, departments, and institutions, posting must be 
21
 in accordance with the Department of Central Management 
22
 Services requirements; and
23
  (2) For responsible public entities that are local 
24
 public bodies, posting must be on the responsible public 
25
 entity's website or by publication, in a newspaper of 
 


 






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1
 general circulation in the area in which the contract is to 
2
 be performed, of a summary of the proposals and the 
3
 location where copies of the proposals are available for 
4
 public inspection.
5
  In addition to the posting requirements, at least one 
6
 copy of the proposals must be made available for public 
7
 inspection. Nothing in this Section may be construed to 
8
 prohibit the posting of the conceptual proposals by 
9
 additional means deemed appropriate by the responsible 
10
 public entity so as to provide maximum notice to the public 
11
 of the opportunity to inspect the proposals. Trade secrets, 
12
 financial records, or other records of the private entity 
13
 excluded from disclosure under the provisions of paragraph 
14
 (tt) of subsection (1) of Section 7 of the Freedom of 
15
 Information Act are not be required to be posted, except as 
16
 otherwise agreed to by the responsible public entity and 
17
 the private entity.
18
 (b) In addition to the posting requirements of subsection 
19
(a), for 30 days prior to entering into an interim or 
20
comprehensive agreement, a responsible public entity must 
21
provide an opportunity for public comment on the proposals. The 
22
public comment period required by this subsection may include a 
23
public hearing in the sole discretion of the responsible public 
24
entity. After the end of the public comment period, no 
25
additional posting is required.
26
 (c) Once the negotiation phase for the development of an 
 


 






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interim or a comprehensive agreement is complete and a decision 
2
to award has been made by a responsible public entity, the 
3
responsible public entity must present the major business 
4
points of the interim or comprehensive agreement, including the 
5
use of any public funds, to its oversight board at a regularly 
6
scheduled meeting of the board that is open to the public.
7
 (d) Once an interim agreement or a comprehensive agreement 
8
has been entered into, a responsible public entity must make 
9
procurement records available for public inspection, in 
10
accordance with the Freedom of Information Act. For the 
11
purposes of this subsection, procurement records may not be 
12
interpreted to include (i) trade secrets of the person as 
13
provided in the Illinois Trade Secrets Act or (ii) financial 
14
records, including balance sheets or financial statements of 
15
the private entity that are not generally available to the 
16
public through regulatory disclosure or otherwise.

17
 (e) Cost estimates relating to a proposed procurement 
18
transaction prepared by or for a responsible public entity must 
19
not be open to public inspection.
20
 (f) Any inspection of procurement transaction records 
21
under this Section is subject to reasonable restrictions to 
22
ensure the security and integrity of the records.
23
 (g) The provisions of this Section apply to accepted 
24
proposals regardless of whether the process of bargaining will 
25
result in an interim or a comprehensive agreement.

 


 






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1
 Section 110. Jurisdiction.
The Illinois Commerce 
2
Commission has exclusive jurisdiction to adjudicate all 
3
matters specifically committed to its jurisdiction by this Act.

4
 Section 905. The Freedom of Information Act is amended by 
5
changing Section 7 as follows:

6
 (5 ILCS 140/7) (from Ch. 116, par. 207)
7
 (Text of Section before amendment by P.A. 95-988)
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 regulations 
13
 adopted under federal or State law.


14
  (b) Information that, if disclosed, would constitute a 
15
 clearly
unwarranted invasion of personal privacy, unless 
16
 the disclosure is
consented to in writing by the individual 
17
 subjects of the information. The
disclosure of information 
18
 that bears on the public duties of public
employees and 
19
 officials shall not be considered an invasion of personal

20
 privacy. Information exempted under this subsection (b) 
21
 shall include but
is not limited to:


22
   (i) files and personal information maintained with 
23
 respect to
clients, patients, residents, students or 
24
 other individuals receiving
social, medical, 
 


 






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1
 educational, vocational, financial, supervisory or

2
 custodial care or services directly or indirectly from 
3
 federal agencies
or public bodies;


4
   (ii) personnel files and personal information 
5
 maintained with
respect to employees, appointees or 
6
 elected officials of any public body or
applicants for 
7
 those positions;


8
   (iii) files and personal information maintained 
9
 with respect to any
applicant, registrant or licensee 
10
 by any public body cooperating with or
engaged in 
11
 professional or occupational registration, licensure 
12
 or discipline;


13
   (iv) information required of any taxpayer in 
14
 connection with the
assessment or collection of any tax 
15
 unless disclosure is otherwise required
by State 
16
 statute;


17
   (v) information revealing the identity of persons 
18
 who file complaints
with or provide information to 
19
 administrative, investigative, law enforcement
or 
20
 penal agencies; provided, however, that identification 
21
 of witnesses to
traffic accidents, traffic accident 
22
 reports, and rescue reports may be provided
by agencies 
23
 of local government, except in a case for which a 
24
 criminal
investigation is ongoing, without 
25
 constituting a clearly unwarranted per se
invasion of 
26
 personal privacy under this subsection; and


 


 






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1
   (vi) the names, addresses, or other personal 
2
 information of
participants and registrants in park 
3
 district, forest preserve district, and
conservation 
4
 district programs.


5
  (c) Records compiled by any public body for 
6
 administrative enforcement
proceedings and any law 
7
 enforcement or correctional agency for
law enforcement 
8
 purposes or for internal matters of a public body,
but only 
9
 to the extent that disclosure would:


10
   (i) interfere with pending or actually and 
11
 reasonably contemplated
law enforcement proceedings 
12
 conducted by any law enforcement or correctional

13
 agency;


14
   (ii) interfere with pending administrative 
15
 enforcement proceedings
conducted by any public body;


16
   (iii) deprive a person of a fair trial or an 
17
 impartial hearing;


18
   (iv) unavoidably disclose the identity of a 
19
 confidential source or
confidential information 
20
 furnished only by the confidential source;


21
   (v) disclose unique or specialized investigative 
22
 techniques other than
those generally used and known or 
23
 disclose internal documents of
correctional agencies 
24
 related to detection, observation or investigation of

25
 incidents of crime or misconduct;


26
   (vi) constitute an invasion of personal privacy 
 


 






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1
 under subsection (b) of
this Section;


2
   (vii) endanger the life or physical safety of law 
3
 enforcement personnel
or any other person; or


4
   (viii) obstruct an ongoing criminal investigation.


5
  (d) Criminal history record information maintained by 
6
 State or local
criminal justice agencies, except the 
7
 following which shall be open for
public inspection and 
8
 copying:


9
   (i) chronologically maintained arrest information, 
10
 such as traditional
arrest logs or blotters;


11
   (ii) the name of a person in the custody of a law 
12
 enforcement agency and
the charges for which that 
13
 person is being held;


14
   (iii) court records that are public;


15
   (iv) records that are otherwise available under 
16
 State or local law; or


17
   (v) records in which the requesting party is the 
18
 individual
identified, except as provided under part 
19
 (vii) of
paragraph (c) of subsection (1) of this 
20
 Section.


21
  "Criminal history record information" means data 
22
 identifiable to an
individual and consisting of 
23
 descriptions or notations of arrests,
detentions, 
24
 indictments, informations, pre-trial proceedings, trials, 
25
 or
other formal events in the criminal justice system or 
26
 descriptions or
notations of criminal charges (including 
 


 






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1
 criminal violations of local
municipal ordinances) and the 
2
 nature of any disposition arising therefrom,
including 
3
 sentencing, court or correctional supervision, 
4
 rehabilitation and
release. The term does not apply to 
5
 statistical records and reports in
which individuals are 
6
 not identified and from which
their identities are not 
7
 ascertainable, or to information that is for
criminal 
8
 investigative or intelligence purposes.


9
  (e) Records that relate to or affect the security of 
10
 correctional
institutions and detention facilities.


11
  (f) Preliminary drafts, notes, recommendations, 
12
 memoranda and other
records in which opinions are 
13
 expressed, or policies or actions are
formulated, except 
14
 that a specific record or relevant portion of a
record 
15
 shall not be exempt when the record is publicly cited
and 
16
 identified by the head of the public body. The exemption 
17
 provided in
this paragraph (f) extends to all those records 
18
 of officers and agencies
of the General Assembly that 
19
 pertain to the preparation of legislative
documents.


20
  (g) Trade secrets and commercial or financial 
21
 information obtained from
a person or business where the 
22
 trade secrets or information are
proprietary, privileged 
23
 or confidential, or where disclosure of the trade
secrets 
24
 or information may cause competitive harm, including:
25
   (i) All
information determined to be confidential 
26
 under Section 4002 of the
Technology Advancement and 
 


 






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1
 Development Act.
2
   (ii) All trade secrets and commercial or financial 
3
 information obtained by a public body, including a 
4
 public pension fund, from a private equity fund or a 
5
 privately held company within the investment portfolio 
6
 of a private equity fund as a result of either 
7
 investing or evaluating a potential investment of 
8
 public funds in a private equity fund. The exemption 
9
 contained in this item does not apply to the aggregate 
10
 financial performance information of a private equity 
11
 fund, nor to the identity of the fund's managers or 
12
 general partners. The exemption contained in this item 
13
 does not apply to the identity of a privately held 
14
 company within the investment portfolio of a private 
15
 equity fund, unless the disclosure of the identity of a 
16
 privately held company may cause competitive harm.

17
 Nothing contained in this
paragraph (g) shall be construed 
18
to prevent a person or business from
consenting to disclosure.


19
  (h) Proposals and bids for any contract, grant, or 
20
 agreement, including
information which if it were 
21
 disclosed would frustrate procurement or give
an advantage 
22
 to any person proposing to enter into a contractor 
23
 agreement
with the body, until an award or final selection 
24
 is made. Information
prepared by or for the body in 
25
 preparation of a bid solicitation shall be
exempt until an 
26
 award or final selection is made.


 


 






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1
  (i) Valuable formulae,
computer geographic systems,

2
 designs, drawings and research data obtained or
produced by 
3
 any public body when disclosure could reasonably be 
4
 expected to
produce private gain or public loss.
The 
5
 exemption for "computer geographic systems" provided in 
6
 this paragraph
(i) does not extend to requests made by news 
7
 media as defined in Section 2 of
this Act when the 
8
 requested information is not otherwise exempt and the only

9
 purpose of the request is to access and disseminate 
10
 information regarding the
health, safety, welfare, or 
11
 legal rights of the general public.


12
  (j) Test questions, scoring keys and other examination 
13
 data used to
administer an academic examination or 
14
 determined the qualifications of an
applicant for a license 
15
 or employment.


16
  (k) Architects' plans, engineers' technical 
17
 submissions, and
other
construction related technical 
18
 documents for
projects not constructed or developed in 
19
 whole or in part with public funds
and the same for 
20
 projects constructed or developed with public funds, but

21
 only to the extent
that disclosure would compromise 
22
 security, including but not limited to water
treatment 
23
 facilities, airport facilities, sport stadiums, convention 
24
 centers,
and all government owned, operated, or occupied 
25
 buildings.


26
  (l) Library circulation and order records identifying 
 


 






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1
 library users with
specific materials.


2
  (m) Minutes of meetings of public bodies closed to the

3
 public as provided in the Open Meetings Act until the 
4
 public body
makes the minutes available to the public under 
5
 Section 2.06 of the Open
Meetings Act.


6
  (n) Communications between a public body and an 
7
 attorney or auditor
representing the public body that would 
8
 not be subject to discovery in
litigation, and materials 
9
 prepared or compiled by or for a public body in

10
 anticipation of a criminal, civil or administrative 
11
 proceeding upon the
request of an attorney advising the 
12
 public body, and materials prepared or
compiled with 
13
 respect to internal audits of public bodies.


14
  (o) Information received by a primary or secondary 
15
 school, college or
university under its procedures for the 
16
 evaluation of faculty members by
their academic peers.


17
  (p) Administrative or technical information associated 
18
 with automated
data processing operations, including but 
19
 not limited to software,
operating protocols, computer 
20
 program abstracts, file layouts, source
listings, object 
21
 modules, load modules, user guides, documentation

22
 pertaining to all logical and physical design of 
23
 computerized systems,
employee manuals, and any other 
24
 information that, if disclosed, would
jeopardize the 
25
 security of the system or its data or the security of

26
 materials exempt under this Section.


 


 






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1
  (q) Documents or materials relating to collective 
2
 negotiating matters
between public bodies and their 
3
 employees or representatives, except that
any final 
4
 contract or agreement shall be subject to inspection and 
5
 copying.


6
  (r) Drafts, notes, recommendations and memoranda 
7
 pertaining to the
financing and marketing transactions of 
8
 the public body. The records of
ownership, registration, 
9
 transfer, and exchange of municipal debt
obligations, and 
10
 of persons to whom payment with respect to these 
11
 obligations
is made.


12
  (s) The records, documents and information relating to 
13
 real estate
purchase negotiations until those negotiations 
14
 have been completed or
otherwise terminated. With regard to 
15
 a parcel involved in a pending or
actually and reasonably 
16
 contemplated eminent domain proceeding under the Eminent 
17
 Domain Act, records, documents and
information relating to 
18
 that parcel shall be exempt except as may be
allowed under 
19
 discovery rules adopted by the Illinois Supreme Court. The

20
 records, documents and information relating to a real 
21
 estate sale shall be
exempt until a sale is consummated.


22
  (t) Any and all proprietary information and records 
23
 related to the
operation of an intergovernmental risk 
24
 management association or
self-insurance pool or jointly 
25
 self-administered health and accident
cooperative or pool.


26
  (u) Information concerning a university's adjudication 
 


 






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1
 of student or
employee grievance or disciplinary cases, to 
2
 the extent that disclosure
would reveal the identity of the 
3
 student or employee and information
concerning any public 
4
 body's adjudication of student or employee grievances
or 
5
 disciplinary cases, except for the final outcome of the 
6
 cases.


7
  (v) Course materials or research materials used by 
8
 faculty members.


9
  (w) Information related solely to the internal 
10
 personnel rules and
practices of a public body.


11
  (x) Information contained in or related to 
12
 examination, operating, or
condition reports prepared by, 
13
 on behalf of, or for the use of a public
body responsible 
14
 for the regulation or supervision of financial

15
 institutions or insurance companies, unless disclosure is 
16
 otherwise
required by State law.


17
  (y) Information the disclosure of which is restricted 
18
 under Section
5-108 of the Public Utilities Act.


19
  (z) Manuals or instruction to staff that relate to 
20
 establishment or
collection of liability for any State tax 
21
 or that relate to investigations
by a public body to 
22
 determine violation of any criminal law.


23
  (aa) Applications, related documents, and medical 
24
 records received by
the Experimental Organ Transplantation 
25
 Procedures Board and any and all
documents or other records 
26
 prepared by the Experimental Organ
Transplantation 
 


 






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1
 Procedures Board or its staff relating to applications
it 
2
 has received.


3
  (bb) Insurance or self insurance (including any 
4
 intergovernmental risk
management association or self 
5
 insurance pool) claims, loss or risk
management 
6
 information, records, data, advice or communications.


7
  (cc) Information and records held by the Department of 
8
 Public Health and
its authorized representatives relating 
9
 to known or suspected cases of
sexually transmissible 
10
 disease or any information the disclosure of which
is 
11
 restricted under the Illinois Sexually Transmissible 
12
 Disease Control Act.


13
  (dd) Information the disclosure of which is exempted 
14
 under Section 30
of the Radon Industry Licensing Act.


15
  (ee) Firm performance evaluations under Section 55 of 
16
 the
Architectural, Engineering, and Land Surveying 
17
 Qualifications Based
Selection Act.


18
  (ff) Security portions of system safety program plans, 
19
 investigation
reports, surveys, schedules, lists, data, or 
20
 information compiled, collected,
or prepared by or for the 
21
 Regional Transportation Authority under Section 2.11
of 
22
 the Regional Transportation Authority Act or the St. Clair 
23
 County Transit
District under the
Bi-State Transit Safety 
24
 Act.


25
  (gg) Information the disclosure of which is restricted 
26
 and
exempted under Section 50 of the Illinois Prepaid 
 


 






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1
 Tuition Act.


2
  (hh) Information the disclosure of which is
exempted 
3
 under the State Officials and Employees Ethics Act.


4
  (ii) Beginning July 1, 1999, information that would 
5
 disclose
or might lead to the disclosure of
secret or 
6
 confidential information, codes, algorithms, programs, or 
7
 private
keys intended to be used to create electronic or 
8
 digital signatures under the
Electronic Commerce Security 
9
 Act.


10
  (jj) Information contained in a local emergency energy 
11
 plan submitted to
a municipality in accordance with a local 
12
 emergency energy plan ordinance that
is adopted under 
13
 Section 11-21.5-5 of the Illinois Municipal Code.


14
  (kk) Information and data concerning the distribution 
15
 of
surcharge moneys collected and remitted by wireless 
16
 carriers under the Wireless
Emergency Telephone Safety 
17
 Act.


18
  (ll) Vulnerability assessments, security measures, and 
19
 response policies
or plans that are designed to identify, 
20
 prevent, or respond to potential
attacks upon a community's 
21
 population or systems, facilities, or installations,
the 
22
 destruction or contamination of which would constitute a 
23
 clear and present
danger to the health or safety of the 
24
 community, but only to the extent that
disclosure could 
25
 reasonably be expected to jeopardize the effectiveness of 
26
 the
measures or the safety of the personnel who implement 
 


 






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1
 them or the public.
Information exempt under this item may 
2
 include such things as details
pertaining to the 
3
 mobilization or deployment of personnel or equipment, to 
4
 the
operation of communication systems or protocols, or to 
5
 tactical operations.


6
  (mm) Maps and other records regarding the location or 
7
 security of generation, transmission, distribution, 
8
 storage, gathering,
treatment, or switching facilities 
9
 owned by a utility or by the Illinois Power Agency.


10
  (nn) Law enforcement officer identification 
11
 information or
driver
identification
information compiled 
12
 by a law enforcement agency or the Department of

13
 Transportation
under Section 11-212 of the Illinois 
14
 Vehicle Code.


15
  (oo) Records and information provided to a residential

16
 health care
facility resident sexual assault
and death 
17
 review team or the Executive Council under the Abuse 
18
 Prevention Review Team Act.


19
  (pp) Information provided to the predatory lending 
20
 database created pursuant to Article 3 of the Residential 
21
 Real Property Disclosure Act, except to the extent 
22
 authorized under that Article.

23
  (qq) Defense budgets and petitions for certification 
24
 of compensation and expenses for court appointed trial 
25
 counsel as provided under Sections 10 and 15 of the Capital 
26
 Crimes Litigation Act. This subsection (qq) shall apply 
 


 






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1
 until the conclusion of the trial of the case, even if the 
2
 prosecution chooses not to pursue the death penalty prior 
3
 to trial or sentencing.

4
  (rr) Information contained in or related to proposals, 
5
 bids, or negotiations related to electric power 
6
 procurement under Section 1-75 of the Illinois Power Agency 
7
 Act and Section 16-111.5 of the Public Utilities Act that 
8
 is determined to be confidential and proprietary by the 
9
 Illinois Power Agency or by the Illinois Commerce 
10
 Commission.

11
  (ss) Information that is prohibited from being 
12
 disclosed under Section 4 of the Illinois Health and 
13
 Hazardous Substances Registry Act. 
14
  (tt) Certain information related to the Public-Private 
15
 Transportation Act of 2009, including:
16
   (1) Memoranda, staff evaluations, or other records 
17
 prepared by the responsible public entity, its staff, 
18
 outside advisors, or consultants exclusively for the 
19
 evaluation and negotiation of proposals filed under 
20
 the Public-Private Transportation Act of 2009 where 
21
 (i) if such records were made public prior to or after 
22
 the execution of an interim or a comprehensive 
23
 agreement, Section 105 of the Public-Private 
24
 Transportation Act of 2009 notwithstanding, the 
25
 financial interest or bargaining position of the 
26
 public entity would be adversely affected, and (ii) the 
 


 






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1
 basis for the determination required in clause (i) is 
2
 documented in writing by the responsible public 
3
 entity.
4
   (2) Records provided by a private entity to a 
5
 responsible public entity, affected jurisdiction, or 
6
 affected local jurisdiction pursuant to the provisions 
7
 of the Public-Private Transportation Act of 2009 to the 
8
 extent that such records contain (i) trade secrets of 
9
 the private entity as defined in subsection (d) of 
10
 Section 2 of the Illinois Trade Secrets Act, (ii) 
11
 financial records of the private entity, including 
12
 balance sheets and financial statements, that are not 
13
 generally available to the public through regulatory 
14
 disclosure or otherwise, or (iii) other information 
15
 submitted by the private entity, where, if the records 
16
 were made public prior to the execution of an interim 
17
 agreement or a comprehensive agreement, the financial 
18
 interest or bargaining position of the public or 
19
 private entity would be adversely affected. In order 
20
 for the records specified in clauses (i), (ii) and 
21
 (iii) to be excluded from the provisions of this 
22
 chapter, the private entity must make a written request 
23
 to the responsible public entity:
24
    (A) Invoking such exclusion upon submission of 
25
 the data or other materials for which protection 
26
 from disclosure is sought;
 


 






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1
    (B) Identifying with specificity the data or 
2
 other materials for which protection is sought; 
3
 and
4
    (C) Stating the reasons why protection is 
5
 necessary.
6
   (3) The responsible public entity in subdivision 
7
 (1)(tt)(2) must determine whether the requested 
8
 exclusion from disclosure is necessary to protect the 
9
 trade secrets or financial records of the private 
10
 entity. To protect other records submitted by the 
11
 private entity from disclosure, the responsible public 
12
 entity must determine whether public disclosure prior 
13
 to the execution of an interim agreement or a 
14
 comprehensive agreement would adversely affect the 
15
 financial interest or bargaining position of the 
16
 public or private entity. The responsible public 
17
 entity must make a written determination of the nature 
18
 and scope of the protection to be afforded by the 
19
 responsible public entity under paragraph (tt). Once a 
20
 written determination is made by the responsible 
21
 public entity, the records afforded protection under 
22
 paragraph (tt) must continue to be protected from 
23
 disclosure when in the possession of any affected 
24
 jurisdiction or affected local jurisdiction.
25
   (4) Except as specifically provided in subdivision 
26
 (1)(tt)(1), nothing in subdivision (1)(tt) shall be 
 


 






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1
 construed to authorize the withholding of (i) 
2
 procurement records as required by Section 105 of the 
3
 Public-Private Transportation Act of 2009, (ii) 
4
 information concerning the terms and conditions of any 
5
 interim or comprehensive agreement, service contract, 
6
 lease, partnership, or any agreement of any kind 
7
 entered into by the responsible public entity and the 
8
 private entity, (iii) information concerning the terms 
9
 and conditions of any financing arrangement that 
10
 involves the use of any public funds, or (iv) 
11
 information concerning the performance of any private 
12
 entity developing or operating a qualifying 
13
 transportation facility or a qualifying project.
14
   (5) For the purposes of subdivision (1)(tt), the 
15
 terms "affected jurisdiction," "affected local 
16
 jurisdiction," "comprehensive agreement," "interim 
17
 agreement," "qualifying project," "qualifying 
18
 transportation facility," "responsible public entity," 
19
 and "private entity" mean the same as those terms are 
20
 defined in the Public-Private Transportation Act of 
21
 2009. 
22
 (2) This Section does not authorize withholding of 
23
information or limit the
availability of records to the public, 
24
except as stated in this Section or
otherwise provided in this 
25
Act.


26
(Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, 
 


 






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1
eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; 
2
94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. 
3
8-28-07; 95-941, eff. 8-29-08.)


4
 (Text of Section after amendment by P.A. 95-988)
5
 Sec. 7. Exemptions.

6
 (1) The following shall be exempt from inspection and 
7
copying:


8
  (a) Information specifically prohibited from 
9
 disclosure by federal or
State law or rules and regulations 
10
 adopted under federal or State law.


11
  (b) Information that, if disclosed, would constitute a 
12
 clearly
unwarranted invasion of personal privacy, unless 
13
 the disclosure is
consented to in writing by the individual 
14
 subjects of the information. The
disclosure of information 
15
 that bears on the public duties of public
employees and 
16
 officials shall not be considered an invasion of personal

17
 privacy. Information exempted under this subsection (b) 
18
 shall include but
is not limited to:


19
   (i) files and personal information maintained with 
20
 respect to
clients, patients, residents, students or 
21
 other individuals receiving
social, medical, 
22
 educational, vocational, financial, supervisory or

23
 custodial care or services directly or indirectly from 
24
 federal agencies
or public bodies;


25
   (ii) personnel files and personal information 
 


 






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1
 maintained with
respect to employees, appointees or 
2
 elected officials of any public body or
applicants for 
3
 those positions;


4
   (iii) files and personal information maintained 
5
 with respect to any
applicant, registrant or licensee 
6
 by any public body cooperating with or
engaged in 
7
 professional or occupational registration, licensure 
8
 or discipline;


9
   (iv) information required of any taxpayer in 
10
 connection with the
assessment or collection of any tax 
11
 unless disclosure is otherwise required
by State 
12
 statute;


13
   (v) information revealing the identity of persons 
14
 who file complaints
with or provide information to 
15
 administrative, investigative, law enforcement
or 
16
 penal agencies; provided, however, that identification 
17
 of witnesses to
traffic accidents, traffic accident 
18
 reports, and rescue reports may be provided
by agencies 
19
 of local government, except in a case for which a 
20
 criminal
investigation is ongoing, without 
21
 constituting a clearly unwarranted per se
invasion of 
22
 personal privacy under this subsection;


23
   (vi) the names, addresses, or other personal 
24
 information of
participants and registrants in park 
25
 district, forest preserve district, and
conservation 
26
 district programs; and


 


 






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1
   (vii) the Notarial Record or other medium 
2
 containing the thumbprint or fingerprint required by 
3
 Section 3-102(c)(6) of the Illinois Notary Public Act.
4
  (c) Records compiled by any public body for 
5
 administrative enforcement
proceedings and any law 
6
 enforcement or correctional agency for
law enforcement 
7
 purposes or for internal matters of a public body,
but only 
8
 to the extent that disclosure would:


9
   (i) interfere with pending or actually and 
10
 reasonably contemplated
law enforcement proceedings 
11
 conducted by any law enforcement or correctional

12
 agency;


13
   (ii) interfere with pending administrative 
14
 enforcement proceedings
conducted by any public body;


15
   (iii) deprive a person of a fair trial or an 
16
 impartial hearing;


17
   (iv) unavoidably disclose the identity of a 
18
 confidential source or
confidential information 
19
 furnished only by the confidential source;


20
   (v) disclose unique or specialized investigative 
21
 techniques other than
those generally used and known or 
22
 disclose internal documents of
correctional agencies 
23
 related to detection, observation or investigation of

24
 incidents of crime or misconduct;


25
   (vi) constitute an invasion of personal privacy 
26
 under subsection (b) of
this Section;


 


 






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1
   (vii) endanger the life or physical safety of law 
2
 enforcement personnel
or any other person; or


3
   (viii) obstruct an ongoing criminal investigation.


4
  (d) Criminal history record information maintained by 
5
 State or local
criminal justice agencies, except the 
6
 following which shall be open for
public inspection and 
7
 copying:


8
   (i) chronologically maintained arrest information, 
9
 such as traditional
arrest logs or blotters;


10
   (ii) the name of a person in the custody of a law 
11
 enforcement agency and
the charges for which that 
12
 person is being held;


13
   (iii) court records that are public;


14
   (iv) records that are otherwise available under 
15
 State or local law; or


16
   (v) records in which the requesting party is the 
17
 individual
identified, except as provided under part 
18
 (vii) of
paragraph (c) of subsection (1) of this 
19
 Section.


20
  "Criminal history record information" means data 
21
 identifiable to an
individual and consisting of 
22
 descriptions or notations of arrests,
detentions, 
23
 indictments, informations, pre-trial proceedings, trials, 
24
 or
other formal events in the criminal justice system or 
25
 descriptions or
notations of criminal charges (including 
26
 criminal violations of local
municipal ordinances) and the 
 


 






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1
 nature of any disposition arising therefrom,
including 
2
 sentencing, court or correctional supervision, 
3
 rehabilitation and
release. The term does not apply to 
4
 statistical records and reports in
which individuals are 
5
 not identified and from which
their identities are not 
6
 ascertainable, or to information that is for
criminal 
7
 investigative or intelligence purposes.


8
  (e) Records that relate to or affect the security of 
9
 correctional
institutions and detention facilities.


10
  (f) Preliminary drafts, notes, recommendations, 
11
 memoranda and other
records in which opinions are 
12
 expressed, or policies or actions are
formulated, except 
13
 that a specific record or relevant portion of a
record 
14
 shall not be exempt when the record is publicly cited
and 
15
 identified by the head of the public body. The exemption 
16
 provided in
this paragraph (f) extends to all those records 
17
 of officers and agencies
of the General Assembly that 
18
 pertain to the preparation of legislative
documents.


19
  (g) Trade secrets and commercial or financial 
20
 information obtained from
a person or business where the 
21
 trade secrets or information are
proprietary, privileged 
22
 or confidential, or where disclosure of the trade
secrets 
23
 or information may cause competitive harm, including:
24
   (i) All
information determined to be confidential 
25
 under Section 4002 of the
Technology Advancement and 
26
 Development Act.
 


 






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1
   (ii) All trade secrets and commercial or financial 
2
 information obtained by a public body, including a 
3
 public pension fund, from a private equity fund or a 
4
 privately held company within the investment portfolio 
5
 of a private equity fund as a result of either 
6
 investing or evaluating a potential investment of 
7
 public funds in a private equity fund. The exemption 
8
 contained in this item does not apply to the aggregate 
9
 financial performance information of a private equity 
10
 fund, nor to the identity of the fund's managers or 
11
 general partners. The exemption contained in this item 
12
 does not apply to the identity of a privately held 
13
 company within the investment portfolio of a private 
14
 equity fund, unless the disclosure of the identity of a 
15
 privately held company may cause competitive harm.

16
 Nothing contained in this
paragraph (g) shall be construed 
17
to prevent a person or business from
consenting to disclosure.


18
  (h) Proposals and bids for any contract, grant, or 
19
 agreement, including
information which if it were 
20
 disclosed would frustrate procurement or give
an advantage 
21
 to any person proposing to enter into a contractor 
22
 agreement
with the body, until an award or final selection 
23
 is made. Information
prepared by or for the body in 
24
 preparation of a bid solicitation shall be
exempt until an 
25
 award or final selection is made.


26
  (i) Valuable formulae,
computer geographic systems,

 


 






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1
 designs, drawings and research data obtained or
produced by 
2
 any public body when disclosure could reasonably be 
3
 expected to
produce private gain or public loss.
The 
4
 exemption for "computer geographic systems" provided in 
5
 this paragraph
(i) does not extend to requests made by news 
6
 media as defined in Section 2 of
this Act when the 
7
 requested information is not otherwise exempt and the only

8
 purpose of the request is to access and disseminate 
9
 information regarding the
health, safety, welfare, or 
10
 legal rights of the general public.


11
  (j) Test questions, scoring keys and other examination 
12
 data used to
administer an academic examination or 
13
 determined the qualifications of an
applicant for a license 
14
 or employment.


15
  (k) Architects' plans, engineers' technical 
16
 submissions, and
other
construction related technical 
17
 documents for
projects not constructed or developed in 
18
 whole or in part with public funds
and the same for 
19
 projects constructed or developed with public funds, but

20
 only to the extent
that disclosure would compromise 
21
 security, including but not limited to water
treatment 
22
 facilities, airport facilities, sport stadiums, convention 
23
 centers,
and all government owned, operated, or occupied 
24
 buildings.


25
  (l) Library circulation and order records identifying 
26
 library users with
specific materials.


 


 






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LRB096 03732 AJT 13761 b





1
  (m) Minutes of meetings of public bodies closed to the

2
 public as provided in the Open Meetings Act until the 
3
 public body
makes the minutes available to the public under 
4
 Section 2.06 of the Open
Meetings Act.


5
  (n) Communications between a public body and an 
6
 attorney or auditor
representing the public body that would 
7
 not be subject to discovery in
litigation, and materials 
8
 prepared or compiled by or for a public body in

9
 anticipation of a criminal, civil or administrative 
10
 proceeding upon the
request of an attorney advising the 
11
 public body, and materials prepared or
compiled with 
12
 respect to internal audits of public bodies.


13
  (o) Information received by a primary or secondary 
14
 school, college or
university under its procedures for the 
15
 evaluation of faculty members by
their academic peers.


16
  (p) Administrative or technical information associated 
17
 with automated
data processing operations, including but 
18
 not limited to software,
operating protocols, computer 
19
 program abstracts, file layouts, source
listings, object 
20
 modules, load modules, user guides, documentation

21
 pertaining to all logical and physical design of 
22
 computerized systems,
employee manuals, and any other 
23
 information that, if disclosed, would
jeopardize the 
24
 security of the system or its data or the security of

25
 materials exempt under this Section.


26
  (q) Documents or materials relating to collective 
 


 






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1
 negotiating matters
between public bodies and their 
2
 employees or representatives, except that
any final 
3
 contract or agreement shall be subject to inspection and 
4
 copying.


5
  (r) Drafts, notes, recommendations and memoranda 
6
 pertaining to the
financing and marketing transactions of 
7
 the public body. The records of
ownership, registration, 
8
 transfer, and exchange of municipal debt
obligations, and 
9
 of persons to whom payment with respect to these 
10
 obligations
is made.


11
  (s) The records, documents and information relating to 
12
 real estate
purchase negotiations until those negotiations 
13
 have been completed or
otherwise terminated. With regard to 
14
 a parcel involved in a pending or
actually and reasonably 
15
 contemplated eminent domain proceeding under the Eminent 
16
 Domain Act, records, documents and
information relating to 
17
 that parcel shall be exempt except as may be
allowed under 
18
 discovery rules adopted by the Illinois Supreme Court. The

19
 records, documents and information relating to a real 
20
 estate sale shall be
exempt until a sale is consummated.


21
  (t) Any and all proprietary information and records 
22
 related to the
operation of an intergovernmental risk 
23
 management association or
self-insurance pool or jointly 
24
 self-administered health and accident
cooperative or pool.


25
  (u) Information concerning a university's adjudication 
26
 of student or
employee grievance or disciplinary cases, to 
 


 






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1
 the extent that disclosure
would reveal the identity of the 
2
 student or employee and information
concerning any public 
3
 body's adjudication of student or employee grievances
or 
4
 disciplinary cases, except for the final outcome of the 
5
 cases.


6
  (v) Course materials or research materials used by 
7
 faculty members.


8
  (w) Information related solely to the internal 
9
 personnel rules and
practices of a public body.


10
  (x) Information contained in or related to 
11
 examination, operating, or
condition reports prepared by, 
12
 on behalf of, or for the use of a public
body responsible 
13
 for the regulation or supervision of financial

14
 institutions or insurance companies, unless disclosure is 
15
 otherwise
required by State law.


16
  (y) Information the disclosure of which is restricted 
17
 under Section
5-108 of the Public Utilities Act.


18
  (z) Manuals or instruction to staff that relate to 
19
 establishment or
collection of liability for any State tax 
20
 or that relate to investigations
by a public body to 
21
 determine violation of any criminal law.


22
  (aa) Applications, related documents, and medical 
23
 records received by
the Experimental Organ Transplantation 
24
 Procedures Board and any and all
documents or other records 
25
 prepared by the Experimental Organ
Transplantation 
26
 Procedures Board or its staff relating to applications
it 
 


 






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1
 has received.


2
  (bb) Insurance or self insurance (including any 
3
 intergovernmental risk
management association or self 
4
 insurance pool) claims, loss or risk
management 
5
 information, records, data, advice or communications.


6
  (cc) Information and records held by the Department of 
7
 Public Health and
its authorized representatives relating 
8
 to known or suspected cases of
sexually transmissible 
9
 disease or any information the disclosure of which
is 
10
 restricted under the Illinois Sexually Transmissible 
11
 Disease Control Act.


12
  (dd) Information the disclosure of which is exempted 
13
 under Section 30
of the Radon Industry Licensing Act.


14
  (ee) Firm performance evaluations under Section 55 of 
15
 the
Architectural, Engineering, and Land Surveying 
16
 Qualifications Based
Selection Act.


17
  (ff) Security portions of system safety program plans, 
18
 investigation
reports, surveys, schedules, lists, data, or 
19
 information compiled, collected,
or prepared by or for the 
20
 Regional Transportation Authority under Section 2.11
of 
21
 the Regional Transportation Authority Act or the St. Clair 
22
 County Transit
District under the
Bi-State Transit Safety 
23
 Act.


24
  (gg) Information the disclosure of which is restricted 
25
 and
exempted under Section 50 of the Illinois Prepaid 
26
 Tuition Act.


 


 






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  (hh) Information the disclosure of which is
exempted 
2
 under the State Officials and Employees Ethics Act.


3
  (ii) Beginning July 1, 1999, information that would 
4
 disclose
or might lead to the disclosure of
secret or 
5
 confidential information, codes, algorithms, programs, or 
6
 private
keys intended to be used to create electronic or 
7
 digital signatures under the
Electronic Commerce Security 
8
 Act.


9
  (jj) Information contained in a local emergency energy 
10
 plan submitted to
a municipality in accordance with a local 
11
 emergency energy plan ordinance that
is adopted under 
12
 Section 11-21.5-5 of the Illinois Municipal Code.


13
  (kk) Information and data concerning the distribution 
14
 of
surcharge moneys collected and remitted by wireless 
15
 carriers under the Wireless
Emergency Telephone Safety 
16
 Act.


17
  (ll) Vulnerability assessments, security measures, and 
18
 response policies
or plans that are designed to identify, 
19
 prevent, or respond to potential
attacks upon a community's 
20
 population or systems, facilities, or installations,
the 
21
 destruction or contamination of which would constitute a 
22
 clear and present
danger to the health or safety of the 
23
 community, but only to the extent that
disclosure could 
24
 reasonably be expected to jeopardize the effectiveness of 
25
 the
measures or the safety of the personnel who implement 
26
 them or the public.
Information exempt under this item may 
 


 






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1
 include such things as details
pertaining to the 
2
 mobilization or deployment of personnel or equipment, to 
3
 the
operation of communication systems or protocols, or to 
4
 tactical operations.


5
  (mm) Maps and other records regarding the location or 
6
 security of generation, transmission, distribution, 
7
 storage, gathering,
treatment, or switching facilities 
8
 owned by a utility or by the Illinois Power Agency.


9
  (nn) Law enforcement officer identification 
10
 information or
driver
identification
information compiled 
11
 by a law enforcement agency or the Department of

12
 Transportation
under Section 11-212 of the Illinois 
13
 Vehicle Code.


14
  (oo) Records and information provided to a residential

15
 health care
facility resident sexual assault
and death 
16
 review team or the Executive Council under the Abuse 
17
 Prevention Review Team Act.


18
  (pp) Information provided to the predatory lending 
19
 database created pursuant to Article 3 of the Residential 
20
 Real Property Disclosure Act, except to the extent 
21
 authorized under that Article.

22
  (qq) Defense budgets and petitions for certification 
23
 of compensation and expenses for court appointed trial 
24
 counsel as provided under Sections 10 and 15 of the Capital 
25
 Crimes Litigation Act. This subsection (qq) shall apply 
26
 until the conclusion of the trial of the case, even if the 
 


 






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1
 prosecution chooses not to pursue the death penalty prior 
2
 to trial or sentencing.

3
  (rr) Information contained in or related to proposals, 
4
 bids, or negotiations related to electric power 
5
 procurement under Section 1-75 of the Illinois Power Agency 
6
 Act and Section 16-111.5 of the Public Utilities Act that 
7
 is determined to be confidential and proprietary by the 
8
 Illinois Power Agency or by the Illinois Commerce 
9
 Commission.

10
  (ss) Information that is prohibited from being 
11
 disclosed under Section 4 of the Illinois Health and 
12
 Hazardous Substances Registry Act. 
13
  (tt) Certain information related to the Public-Private 
14
 Transportation Act of 2009, including:
15
   (1) Memoranda, staff evaluations, or other records 
16
 prepared by the responsible public entity, its staff, 
17
 outside advisors, or consultants exclusively for the 
18
 evaluation and negotiation of proposals filed under 
19
 the Public-Private Transportation Act of 2009 where 
20
 (i) if such records were made public prior to or after 
21
 the execution of an interim or a comprehensive 
22
 agreement, Section 105 of the Public-Private 
23
 Transportation Act of 2009 notwithstanding, the 
24
 financial interest or bargaining position of the 
25
 public entity would be adversely affected, and (ii) the 
26
 basis for the determination required in clause (i) is 
 


 






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1
 documented in writing by the responsible public 
2
 entity.
3
   (2) Records provided by a private entity to a 
4
 responsible public entity, affected jurisdiction, or 
5
 affected local jurisdiction pursuant to the provisions 
6
 of the Public-Private Transportation Act of 2009 to the 
7
 extent that such records contain (i) trade secrets of 
8
 the private entity as defined in subsection (d) of 
9
 Section 2 of the Illinois Trade Secrets Act, (ii) 
10
 financial records of the private entity, including 
11
 balance sheets and financial statements, that are not 
12
 generally available to the public through regulatory 
13
 disclosure or otherwise, or (iii) other information 
14
 submitted by the private entity, where, if the records 
15
 were made public prior to the execution of an interim 
16
 agreement or a comprehensive agreement, the financial 
17
 interest or bargaining position of the public or 
18
 private entity would be adversely affected. In order 
19
 for the records specified in clauses (i), (ii) and 
20
 (iii) to be excluded from the provisions of this 
21
 chapter, the private entity must make a written request 
22
 to the responsible public entity:
23
    (A) Invoking such exclusion upon submission of 
24
 the data or other materials for which protection 
25
 from disclosure is sought;
26
    (B) Identifying with specificity the data or 
 


 






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1
 other materials for which protection is sought; 
2
 and
3
    (C) Stating the reasons why protection is 
4
 necessary.
5
   (3) The responsible public entity in subdivision 
6
 (1)(tt)(2) must determine whether the requested 
7
 exclusion from disclosure is necessary to protect the 
8
 trade secrets or financial records of the private 
9
 entity. To protect other records submitted by the 
10
 private entity from disclosure, the responsible public 
11
 entity must determine whether public disclosure prior 
12
 to the execution of an interim agreement or a 
13
 comprehensive agreement would adversely affect the 
14
 financial interest or bargaining position of the 
15
 public or private entity. The responsible public 
16
 entity must make a written determination of the nature 
17
 and scope of the protection to be afforded by the 
18
 responsible public entity under paragraph (tt). Once a 
19
 written determination is made by the responsible 
20
 public entity, the records afforded protection under 
21
 paragraph (tt) must continue to be protected from 
22
 disclosure when in the possession of any affected 
23
 jurisdiction or affected local jurisdiction.
24
   (4) Except as specifically provided in subdivision 
25
 (1)(tt)(1), nothing in subdivision (1)(tt) shall be 
26
 construed to authorize the withholding of (i) 
 


 






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1
 procurement records as required by Section 105 of the 
2
 Public-Private Transportation Act of 2009, (ii) 
3
 information concerning the terms and conditions of any 
4
 interim or comprehensive agreement, service contract, 
5
 lease, partnership, or any agreement of any kind 
6
 entered into by the responsible public entity and the 
7
 private entity, (iii) information concerning the terms 
8
 and conditions of any financing arrangement that 
9
 involves the use of any public funds, or (iv) 
10
 information concerning the performance of any private 
11
 entity developing or operating a qualifying 
12
 transportation facility or a qualifying project.
13
   (5) For the purposes of subdivision (1)(tt), the 
14
 terms "affected jurisdiction," "affected local 
15
 jurisdiction," "comprehensive agreement," "interim 
16
 agreement," "qualifying project," "qualifying 
17
 transportation facility," "responsible public entity," 
18
 and "private entity" mean the same as those terms are 
19
 defined in the Public-Private Transportation Act of 
20
 2009. 
21
 (2) This Section does not authorize withholding of 
22
information or limit the
availability of records to the public, 
23
except as stated in this Section or
otherwise provided in this 
24
Act.


25
(Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, 
26
eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; 
 


 






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1
94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. 
2
8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised 
3
10-20-08.)



4
 Section 950. No acceleration or delay. Where this Act makes 
5
changes in a statute that is represented in this Act by text 
6
that is not yet or no longer in effect (for example, a Section 
7
represented by multiple versions), the use of that text does 
8
not accelerate or delay the taking effect of (i) the changes 
9
made by this Act or (ii) provisions derived from any other 
10
Public Act.


11
 Section 999. Effective date. This Act takes effect upon 
12
becoming law.