Bill Text: IL SB1898 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Freedom of Information Act. To the list of records exempt from disclosure, adds records requested by persons committed to a county jail, if those materials are available through an administrative request to the county jail medical department or medical services provider.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB1898 Detail]
Download: Illinois-2021-SB1898-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | |||||||||||||||||||
5 | changing Section 7 as follows:
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6 | (5 ILCS 140/7) (from Ch. 116, par. 207) | |||||||||||||||||||
7 | Sec. 7. Exemptions.
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8 | (1) When a request is made to inspect or copy a public | |||||||||||||||||||
9 | record that contains information that is exempt from | |||||||||||||||||||
10 | disclosure under this Section, but also contains information | |||||||||||||||||||
11 | that is not exempt from disclosure, the public body may elect | |||||||||||||||||||
12 | to redact the information that is exempt. The public body | |||||||||||||||||||
13 | shall make the remaining information available for inspection | |||||||||||||||||||
14 | and copying. Subject to this requirement, the following shall | |||||||||||||||||||
15 | be exempt from inspection and copying:
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16 | (a) Information specifically prohibited from | |||||||||||||||||||
17 | disclosure by federal or
State law or rules and | |||||||||||||||||||
18 | regulations implementing federal or State law.
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19 | (b) Private information, unless disclosure is required | |||||||||||||||||||
20 | by another provision of this Act, a State or federal law or | |||||||||||||||||||
21 | a court order. | |||||||||||||||||||
22 | (b-5) Files, documents, and other data or databases | |||||||||||||||||||
23 | maintained by one or more law enforcement agencies and |
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1 | specifically designed to provide information to one or | ||||||
2 | more law enforcement agencies regarding the physical or | ||||||
3 | mental status of one or more individual subjects. | ||||||
4 | (c) Personal information contained within public | ||||||
5 | records, the disclosure of which would constitute a | ||||||
6 | clearly
unwarranted invasion of personal privacy, unless | ||||||
7 | the disclosure is
consented to in writing by the | ||||||
8 | individual subjects of the information. "Unwarranted | ||||||
9 | invasion of personal privacy" means the disclosure of | ||||||
10 | information that is highly personal or objectionable to a | ||||||
11 | reasonable person and in which the subject's right to | ||||||
12 | privacy outweighs any legitimate public interest in | ||||||
13 | obtaining the information. The
disclosure of information | ||||||
14 | that bears on the public duties of public
employees and | ||||||
15 | officials shall not be considered an invasion of personal
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16 | privacy.
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17 | (d) Records in the possession of any public body | ||||||
18 | created in the course of administrative enforcement
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19 | proceedings, and any law enforcement or correctional | ||||||
20 | agency for
law enforcement purposes,
but only to the | ||||||
21 | extent that disclosure would:
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22 | (i) interfere with pending or actually and | ||||||
23 | reasonably contemplated
law enforcement proceedings | ||||||
24 | conducted by any law enforcement or correctional
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25 | agency that is the recipient of the request;
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26 | (ii) interfere with active administrative |
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1 | enforcement proceedings
conducted by the public body | ||||||
2 | that is the recipient of the request;
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3 | (iii) create a substantial likelihood that a | ||||||
4 | person will be deprived of a fair trial or an impartial | ||||||
5 | hearing;
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6 | (iv) unavoidably disclose the identity of a | ||||||
7 | confidential source, confidential information | ||||||
8 | furnished only by the confidential source, or persons | ||||||
9 | who file complaints with or provide information to | ||||||
10 | administrative, investigative, law enforcement, or | ||||||
11 | penal agencies; except that the identities of | ||||||
12 | witnesses to traffic accidents, traffic accident | ||||||
13 | reports, and rescue reports shall be provided by | ||||||
14 | agencies of local government, except when disclosure | ||||||
15 | would interfere with an active criminal investigation | ||||||
16 | conducted by the agency that is the recipient of the | ||||||
17 | request;
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18 | (v) disclose unique or specialized investigative | ||||||
19 | techniques other than
those generally used and known | ||||||
20 | or disclose internal documents of
correctional | ||||||
21 | agencies related to detection, observation or | ||||||
22 | investigation of
incidents of crime or misconduct, and | ||||||
23 | disclosure would result in demonstrable harm to the | ||||||
24 | agency or public body that is the recipient of the | ||||||
25 | request;
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26 | (vi) endanger the life or physical safety of law |
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1 | enforcement personnel
or any other person; or
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2 | (vii) obstruct an ongoing criminal investigation | ||||||
3 | by the agency that is the recipient of the request.
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4 | (d-5) A law enforcement record created for law | ||||||
5 | enforcement purposes and contained in a shared electronic | ||||||
6 | record management system if the law enforcement agency | ||||||
7 | that is the recipient of the request did not create the | ||||||
8 | record, did not participate in or have a role in any of the | ||||||
9 | events which are the subject of the record, and only has | ||||||
10 | access to the record through the shared electronic record | ||||||
11 | management system. | ||||||
12 | (e) Records that relate to or affect the security of | ||||||
13 | correctional
institutions and detention facilities.
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14 | (e-5) Records requested by persons committed to the | ||||||
15 | Department of Corrections, Department of Human Services | ||||||
16 | Division of Mental Health, or a county jail if those | ||||||
17 | materials are available in the library of the correctional | ||||||
18 | institution or facility or jail where the inmate is | ||||||
19 | confined. | ||||||
20 | (e-6) Records requested by persons committed to the | ||||||
21 | Department of Corrections, Department of Human Services | ||||||
22 | Division of Mental Health, or a county jail if those | ||||||
23 | materials include records from staff members' personnel | ||||||
24 | files, staff rosters, or other staffing assignment | ||||||
25 | information. | ||||||
26 | (e-7) Records requested by persons committed to the |
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1 | Department of Corrections or Department of Human Services | ||||||
2 | Division of Mental Health or a county jail, if those | ||||||
3 | materials are available through an administrative request | ||||||
4 | to the Department of Corrections or Department of Human | ||||||
5 | Services Division of Mental Health or the county jail | ||||||
6 | medical department or medical services provider . | ||||||
7 | (e-8) Records requested by a person committed to the | ||||||
8 | Department of Corrections, Department of Human Services | ||||||
9 | Division of Mental Health, or a county jail, the | ||||||
10 | disclosure of which would result in the risk of harm to any | ||||||
11 | person or the risk of an escape from a jail or correctional | ||||||
12 | institution or facility. | ||||||
13 | (e-9) Records requested by a person in a county jail | ||||||
14 | or committed to the Department of Corrections or | ||||||
15 | Department of Human Services Division of Mental Health, | ||||||
16 | containing personal information pertaining to the person's | ||||||
17 | victim or the victim's family, including, but not limited | ||||||
18 | to, a victim's home address, home telephone number, work | ||||||
19 | or school address, work telephone number, social security | ||||||
20 | number, or any other identifying information, except as | ||||||
21 | may be relevant to a requester's current or potential case | ||||||
22 | or claim. | ||||||
23 | (e-10) Law enforcement records of other persons | ||||||
24 | requested by a person committed to the Department of | ||||||
25 | Corrections, Department of Human Services Division of | ||||||
26 | Mental Health, or a county jail, including, but not |
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1 | limited to, arrest and booking records, mug shots, and | ||||||
2 | crime scene photographs, except as these records may be | ||||||
3 | relevant to the requester's current or potential case or | ||||||
4 | claim. | ||||||
5 | (f) Preliminary drafts, notes, recommendations, | ||||||
6 | memoranda and other
records in which opinions are | ||||||
7 | expressed, or policies or actions are
formulated, except | ||||||
8 | that a specific record or relevant portion of a
record | ||||||
9 | shall not be exempt when the record is publicly cited
and | ||||||
10 | identified by the head of the public body. The exemption | ||||||
11 | provided in
this paragraph (f) extends to all those | ||||||
12 | records of officers and agencies
of the General Assembly | ||||||
13 | that pertain to the preparation of legislative
documents.
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14 | (g) Trade secrets and commercial or financial | ||||||
15 | information obtained from
a person or business where the | ||||||
16 | trade secrets or commercial or financial information are | ||||||
17 | furnished under a claim that they are
proprietary, | ||||||
18 | privileged , or confidential, and that disclosure of the | ||||||
19 | trade
secrets or commercial or financial information would | ||||||
20 | cause competitive harm to the person or business, and only | ||||||
21 | insofar as the claim directly applies to the records | ||||||
22 | requested. | ||||||
23 | The information included under this exemption includes | ||||||
24 | all trade secrets and commercial or financial information | ||||||
25 | obtained by a public body, including a public pension | ||||||
26 | fund, from a private equity fund or a privately held |
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1 | company within the investment portfolio of a private | ||||||
2 | equity fund as a result of either investing or evaluating | ||||||
3 | a potential investment of public funds in a private equity | ||||||
4 | fund. The exemption contained in this item does not apply | ||||||
5 | to the aggregate financial performance information of a | ||||||
6 | private equity fund, nor to the identity of the fund's | ||||||
7 | managers or general partners. The exemption contained in | ||||||
8 | this item does not apply to the identity of a privately | ||||||
9 | held company within the investment portfolio of a private | ||||||
10 | equity fund, unless the disclosure of the identity of a | ||||||
11 | privately held company may cause competitive harm. | ||||||
12 | Nothing contained in this
paragraph (g) shall be | ||||||
13 | construed to prevent a person or business from
consenting | ||||||
14 | to disclosure.
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15 | (h) Proposals and bids for any contract, grant, or | ||||||
16 | agreement, including
information which if it were | ||||||
17 | disclosed would frustrate procurement or give
an advantage | ||||||
18 | to any person proposing to enter into a contractor | ||||||
19 | agreement
with the body, until an award or final selection | ||||||
20 | is made. Information
prepared by or for the body in | ||||||
21 | preparation of a bid solicitation shall be
exempt until an | ||||||
22 | award or final selection is made.
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23 | (i) Valuable formulae,
computer geographic systems,
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24 | designs, drawings and research data obtained or
produced | ||||||
25 | by any public body when disclosure could reasonably be | ||||||
26 | expected to
produce private gain or public loss.
The |
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1 | exemption for "computer geographic systems" provided in | ||||||
2 | this paragraph
(i) does not extend to requests made by | ||||||
3 | news media as defined in Section 2 of
this Act when the | ||||||
4 | requested information is not otherwise exempt and the only
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5 | purpose of the request is to access and disseminate | ||||||
6 | information regarding the
health, safety, welfare, or | ||||||
7 | legal rights of the general public.
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8 | (j) The following information pertaining to | ||||||
9 | educational matters: | ||||||
10 | (i) test questions, scoring keys and other | ||||||
11 | examination data used to
administer an academic | ||||||
12 | examination;
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13 | (ii) information received by a primary or | ||||||
14 | secondary school, college, or university under its | ||||||
15 | procedures for the evaluation of faculty members by | ||||||
16 | their academic peers; | ||||||
17 | (iii) information concerning a school or | ||||||
18 | university's adjudication of student disciplinary | ||||||
19 | cases, but only to the extent that disclosure would | ||||||
20 | unavoidably reveal the identity of the student; and | ||||||
21 | (iv) course materials or research materials used | ||||||
22 | by faculty members. | ||||||
23 | (k) Architects' plans, engineers' technical | ||||||
24 | submissions, and
other
construction related technical | ||||||
25 | documents for
projects not constructed or developed in | ||||||
26 | whole or in part with public funds
and the same for |
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1 | projects constructed or developed with public funds, | ||||||
2 | including , but not limited to , power generating and | ||||||
3 | distribution stations and other transmission and | ||||||
4 | distribution facilities, water treatment facilities, | ||||||
5 | airport facilities, sport stadiums, convention centers, | ||||||
6 | and all government owned, operated, or occupied buildings, | ||||||
7 | but
only to the extent
that disclosure would compromise | ||||||
8 | security.
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9 | (l) Minutes of meetings of public bodies closed to the
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10 | public as provided in the Open Meetings Act until the | ||||||
11 | public body
makes the minutes available to the public | ||||||
12 | under Section 2.06 of the Open
Meetings Act.
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13 | (m) Communications between a public body and an | ||||||
14 | attorney or auditor
representing the public body that | ||||||
15 | would not be subject to discovery in
litigation, and | ||||||
16 | materials prepared or compiled by or for a public body in
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17 | anticipation of a criminal, civil , or administrative | ||||||
18 | proceeding upon the
request of an attorney advising the | ||||||
19 | public body, and materials prepared or
compiled with | ||||||
20 | respect to internal audits of public bodies.
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21 | (n) Records relating to a public body's adjudication | ||||||
22 | of employee grievances or disciplinary cases; however, | ||||||
23 | this exemption shall not extend to the final outcome of | ||||||
24 | cases in which discipline is imposed.
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25 | (o) Administrative or technical information associated | ||||||
26 | with automated
data processing operations, including , but |
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1 | not limited to , software,
operating protocols, computer | ||||||
2 | program abstracts, file layouts, source
listings, object | ||||||
3 | modules, load modules, user guides, documentation
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4 | pertaining to all logical and physical design of | ||||||
5 | computerized systems,
employee manuals, and any other | ||||||
6 | information that, if disclosed, would
jeopardize the | ||||||
7 | security of the system or its data or the security of
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8 | materials exempt under this Section.
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9 | (p) Records relating to collective negotiating matters
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10 | between public bodies and their employees or | ||||||
11 | representatives, except that
any final contract or | ||||||
12 | agreement shall be subject to inspection and copying.
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13 | (q) Test questions, scoring keys, and other | ||||||
14 | examination data used to determine the qualifications of | ||||||
15 | an applicant for a license or employment.
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16 | (r) The records, documents, and information relating | ||||||
17 | to real estate
purchase negotiations until those | ||||||
18 | negotiations have been completed or
otherwise terminated. | ||||||
19 | With regard to a parcel involved in a pending or
actually | ||||||
20 | and reasonably contemplated eminent domain proceeding | ||||||
21 | under the Eminent Domain Act, records, documents , and
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22 | information relating to that parcel shall be exempt except | ||||||
23 | as may be
allowed under discovery rules adopted by the | ||||||
24 | Illinois Supreme Court. The
records, documents , and | ||||||
25 | information relating to a real estate sale shall be
exempt | ||||||
26 | until a sale is consummated.
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1 | (s) Any and all proprietary information and records | ||||||
2 | related to the
operation of an intergovernmental risk | ||||||
3 | management association or
self-insurance pool or jointly | ||||||
4 | self-administered health and accident
cooperative or pool.
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5 | Insurance or self insurance (including any | ||||||
6 | intergovernmental risk management association or self | ||||||
7 | insurance pool) claims, loss or risk management | ||||||
8 | information, records, data, advice or communications.
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9 | (t) Information contained in or related to | ||||||
10 | examination, operating, or
condition reports prepared by, | ||||||
11 | on behalf of, or for the use of a public
body responsible | ||||||
12 | for the regulation or supervision of financial
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13 | institutions, insurance companies, or pharmacy benefit | ||||||
14 | managers, unless disclosure is otherwise
required by State | ||||||
15 | law.
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16 | (u) Information that would disclose
or might lead to | ||||||
17 | the disclosure of
secret or confidential information, | ||||||
18 | codes, algorithms, programs, or private
keys intended to | ||||||
19 | be used to create electronic or digital signatures under | ||||||
20 | the
Electronic Commerce Security Act.
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21 | (v) Vulnerability assessments, security measures, and | ||||||
22 | response policies
or plans that are designed to identify, | ||||||
23 | prevent, or respond to potential
attacks upon a | ||||||
24 | community's population or systems, facilities, or | ||||||
25 | installations,
the destruction or contamination of which | ||||||
26 | would constitute a clear and present
danger to the health |
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1 | or safety of the community, but only to the extent that
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2 | disclosure could reasonably be expected to jeopardize the | ||||||
3 | effectiveness of the
measures or the safety of the | ||||||
4 | personnel who implement them or the public.
Information | ||||||
5 | exempt under this item may include such things as details
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6 | pertaining to the mobilization or deployment of personnel | ||||||
7 | or equipment, to the
operation of communication systems or | ||||||
8 | protocols, or to tactical operations.
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9 | (w) (Blank). | ||||||
10 | (x) Maps and other records regarding the location or | ||||||
11 | security of generation, transmission, distribution, | ||||||
12 | storage, gathering,
treatment, or switching facilities | ||||||
13 | owned by a utility, by a power generator, or by the | ||||||
14 | Illinois Power Agency.
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15 | (y) Information contained in or related to proposals, | ||||||
16 | bids, or negotiations related to electric power | ||||||
17 | procurement under Section 1-75 of the Illinois Power | ||||||
18 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
19 | Act that is determined to be confidential and proprietary | ||||||
20 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
21 | Commission.
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22 | (z) Information about students exempted from | ||||||
23 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
24 | School Code, and information about undergraduate students | ||||||
25 | enrolled at an institution of higher education exempted | ||||||
26 | from disclosure under Section 25 of the Illinois Credit |
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1 | Card Marketing Act of 2009. | ||||||
2 | (aa) Information the disclosure of which is
exempted | ||||||
3 | under the Viatical Settlements Act of 2009.
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4 | (bb) Records and information provided to a mortality | ||||||
5 | review team and records maintained by a mortality review | ||||||
6 | team appointed under the Department of Juvenile Justice | ||||||
7 | Mortality Review Team Act. | ||||||
8 | (cc) Information regarding interments, entombments, or | ||||||
9 | inurnments of human remains that are submitted to the | ||||||
10 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
11 | the Cemetery Oversight Act, whichever is applicable. | ||||||
12 | (dd) Correspondence and records (i) that may not be | ||||||
13 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
14 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
15 | the Illinois Public Aid Code. | ||||||
16 | (ee) The names, addresses, or other personal | ||||||
17 | information of persons who are minors and are also | ||||||
18 | participants and registrants in programs of park | ||||||
19 | districts, forest preserve districts, conservation | ||||||
20 | districts, recreation agencies, and special recreation | ||||||
21 | associations. | ||||||
22 | (ff) The names, addresses, or other personal | ||||||
23 | information of participants and registrants in programs of | ||||||
24 | park districts, forest preserve districts, conservation | ||||||
25 | districts, recreation agencies, and special recreation | ||||||
26 | associations where such programs are targeted primarily to |
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1 | minors. | ||||||
2 | (gg) Confidential information described in Section | ||||||
3 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
4 | 2012. | ||||||
5 | (hh) The report submitted to the State Board of | ||||||
6 | Education by the School Security and Standards Task Force | ||||||
7 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
8 | School Code and any information contained in that report. | ||||||
9 | (ii) Records requested by persons committed to or | ||||||
10 | detained by the Department of Human Services under the | ||||||
11 | Sexually Violent Persons Commitment Act or committed to | ||||||
12 | the Department of Corrections under the Sexually Dangerous | ||||||
13 | Persons Act if those materials: (i) are available in the | ||||||
14 | library of the facility where the individual is confined; | ||||||
15 | (ii) include records from staff members' personnel files, | ||||||
16 | staff rosters, or other staffing assignment information; | ||||||
17 | or (iii) are available through an administrative request | ||||||
18 | to the Department of Human Services or the Department of | ||||||
19 | Corrections. | ||||||
20 | (jj) Confidential information described in Section | ||||||
21 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
22 | (kk) The public body's credit card numbers, debit card | ||||||
23 | numbers, bank account numbers, Federal Employer | ||||||
24 | Identification Number, security code numbers, passwords, | ||||||
25 | and similar account information, the disclosure of which | ||||||
26 | could result in identity theft or impression or defrauding |
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1 | of a governmental entity or a person. | ||||||
2 | (ll) (kk) Records concerning the work of the threat | ||||||
3 | assessment team of a school district. | ||||||
4 | (1.5) Any information exempt from disclosure under the | ||||||
5 | Judicial Privacy Act shall be redacted from public records | ||||||
6 | prior to disclosure under this Act. | ||||||
7 | (2) A public record that is not in the possession of a | ||||||
8 | public body but is in the possession of a party with whom the | ||||||
9 | agency has contracted to perform a governmental function on | ||||||
10 | behalf of the public body, and that directly relates to the | ||||||
11 | governmental function and is not otherwise exempt under this | ||||||
12 | Act, shall be considered a public record of the public body, | ||||||
13 | for purposes of this Act. | ||||||
14 | (3) This Section does not authorize withholding of | ||||||
15 | information or limit the
availability of records to the | ||||||
16 | public, except as stated in this Section or
otherwise provided | ||||||
17 | in this Act.
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18 | (Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17; | ||||||
19 | 100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff. | ||||||
20 | 1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
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