Bill Text: IL SB2203 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Freedom of Information Act. In the Act's intent provisions, removes references to the lower priority of a public body's financial obligations when considering requests. Changes the deadline by which a public body must act on a records request and provides that that period is to be calculated in accordance with the Statute on Statutes and, with respect to School Code entities, certain provisions of the School Code relating to non-pupil attendance days. Authorizes each public body to charge fees for reproducing and certifying public records. Removes the requirement that a public body provide the first 150 pages of a request at no charge. Removes the requirement that a public body include certain legal bases when denying a request. Permits a public body to seek review of a binding opinion of the Public Access Counselor in the county where the body's principal office is located (now, Cook County or Sangamon County). With respect to the disclosure exemption for personal information, removes the balancing test with respect to an unwarranted invasion of privacy. Exempts from disclosure employment applications and applications for appointments to fill vacancies in public offices. Deletes provisions requiring public bodies to give notice to the Public Access Counselor before asserting exemptions for personal information or preliminary documents. Requires (now, permits) a review when a public body seeks an advisory opinion from the Public Access Counselor. Provides for the effects of a public body seeking and relying upon a binding written opinion of the Public Access Counselor. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2203 Detail]

Download: Illinois-2011-SB2203-Amended.html

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Sen. David Koehler

Filed: 4/11/2011

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AMENDMENT TO SENATE BILL 2203
AMENDMENT NO. ______. Amend Senate Bill 2203, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Freedom of Information Act is amended by
changing Sections 1, 2, 3, 6, 7, and 9.5 and by adding Section
3.2 as follows:
(5 ILCS 140/1) (from Ch. 116, par. 201)
Sec. 1. Pursuant to the fundamental philosophy of the
American constitutional form of government, it is declared to
be the public policy of the State of Illinois that all persons
are entitled to full and complete information regarding the
affairs of government and the official acts and policies of
those who represent them as public officials and public
employees consistent with the terms of this Act. Such access is
necessary to enable the people to fulfill their duties of

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discussing public issues fully and freely, making informed
political judgments and monitoring government to ensure that it
is being conducted in the public interest.
The General Assembly hereby declares that it is the public
policy of the State of Illinois that access by all persons to
public records promotes the transparency and accountability of
public bodies at all levels of government. It is a fundamental
obligation of government to operate openly and provide public
records as expediently and efficiently as possible in
compliance with this Act.
This Act is not intended to cause an unwarranted invasion
of personal privacy, nor to allow the requests of a commercial
enterprise to unduly burden public resources, nor to allow
vexatious requests for records to unduly burden public
resources, nor or to disrupt the duly-undertaken work of any
public body independent of the fulfillment of any of the
fore-mentioned rights of the people to access to information.
This Act is not intended to create an obligation on the
part of any public body to maintain or prepare any public
record which was not maintained or prepared by such public body
at the time when this Act becomes effective, except as
otherwise required by applicable local, State or federal law.
Restraints on access to information, to the extent
permitted by this Act, are limited exceptions to the principle
that the people of this State have a right to full disclosure
of information relating to the decisions, policies,

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procedures, rules, standards, and other aspects of government
activity that affect the conduct of government and the lives of
any or all of the people. The provisions of this Act shall be
construed in accordance with this principle. This Act shall be
construed to require disclosure of requested information as
expediently and efficiently as possible and adherence to the
deadlines established in this Act.
The General Assembly recognizes that this Act imposes
fiscal obligations on public bodies to provide adequate staff
and equipment to comply with its requirements. The General
Assembly declares that providing records in compliance with the
requirements of this Act is a primary duty of public bodies to
the people of this State, and this Act should be construed to
this end, fiscal obligations notwithstanding.
The General Assembly further recognizes that technology
may advance at a rate that outpaces its ability to address
those advances legislatively. To the extent that this Act may
not expressly apply to those technological advances, this Act
should nonetheless be interpreted to further the declared
policy of this Act that public records shall be made available
upon request except when denial of access furthers the public
policy underlying a specific exemption.
This Act shall be the exclusive State statute on freedom of
information, except to the extent that other State statutes
might create additional restrictions on disclosure of
information or other laws in Illinois might create additional

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obligations for disclosure of information to the public.
(Source: P.A. 96-542, eff. 1-1-10.)
(5 ILCS 140/2) (from Ch. 116, par. 202)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means all legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees, or
commissions of this State, any subsidiary bodies of any of the
foregoing including but not limited to committees and
subcommittees thereof, and a School Finance Authority created
under Article 1E of the School Code. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act.
(b) "Person" means any individual, corporation,
partnership, firm, organization or association, acting
individually or as a group.
(c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, electronic communications, recorded
information and all other documentary materials pertaining to
the transaction of public business, regardless of physical form

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or characteristics, having been prepared by or for, or having
been or being used by, received by, in the possession of, or
under the control of any public body. Communications and
materials exchanged between a lobbyist and a public body that
concern either lobbying performed on behalf of the public body
by the lobbyist or the expenditure of public moneys for goods
or services provided on behalf of the public body by the
lobbyist are public records and are not exempt from inspection
and copying unless exempt under Section 7.
(c-5) "Private information" means unique identifiers,
including a person's social security number, driver's license
number, employee identification number, biometric identifiers,
personal financial information, passwords or other access
codes, medical records or information (such as treatment
histories, descriptions of injuries, information regarding the
hospital to which an injured person is taken, insurance policy
numbers, and pregnancy status), home or personal telephone
numbers, dates of birth, the names of applicants for public
employment, completed applications for public employment, and
personal email addresses. Private information also includes
home address and personal license plates, except as otherwise
provided by law or when compiled without possibility of
attribution to any person.
(c-10) "Commercial purpose" means the purpose or intent to
use of any part of a public record or records, or information
derived from public records, in any form for sale, resale, or

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solicitation or advertisement for sales or services or to
otherwise further a commercial, trade, or profit interest or
enterprise, as those terms are commonly understood. For
purposes of this definition, requests made by news media and
non-profit, scientific, or academic organizations shall not be
considered to be made for a "commercial purpose" when the
principal purpose of the request is (i) to access and
disseminate information concerning news and current or passing
events, (ii) for articles of opinion or features of interest to
the public, or (iii) for the purpose of academic, scientific,
or public research or education. For purposes of this
definition, requests made by a member or employee of a public
body to either the public body of which the person is a member
or employee or to another public body shall not be considered
to be made for a commercial purpose if the information will be
used by that person in his or her official capacity or as part
of his or her employment.
(d) "Copying" means the reproduction of any public record
by means of any photographic, electronic, mechanical or other
process, device or means now known or hereafter developed and
available to the public body.
(e) "Head of the public body" means the president, mayor,
chairman, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body, or
such person's duly authorized designee.

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(f) "News media" means a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format, a
radio station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(g) "Vexatious request for records" means a request for
records that is made by a person who, in the 12 months
immediately preceding the request, has submitted to the same
public body (i) a minimum of 48 requests for records, (ii) a
minimum of 10 requests for records within a 30-day period,
(iii) a minimum of 5 requests for records within a 7-day
period, (iv) one or more requests for records that required a
response by the public body consisting of at least 1,500 pages
in the aggregate, or (v) one or more requests for records that
have sought a minimum of 20 different categories of records.
For the purposes of this definition, a request made by news
media shall not be considered a vexatious request for records
when the principal purpose of the request is (i) to access and
disseminate information concerning news and current or passing
events or (ii) for articles of opinion or features of interest
to the public.
(h) "Business day" means any calendar day except a
Saturday, Sunday, or legal holiday. For public bodies that are
organized or established pursuant to the School Code, "business

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day" does not include any non-pupil attendance days between the
opening and closing of the school term specified in the
calendar established in accordance with Section 10-19 of the
School Code.
(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
96-1000, eff. 7-2-10.)
(5 ILCS 140/3) (from Ch. 116, par. 203)
Sec. 3. Inspection or copying of public records; no
exclusive right to access and dissemination; request
procedure.
(a) Each public body shall make available to any person for
inspection or copying all public records, except as otherwise
provided in Section 7 of this Act. Notwithstanding any other
law, a public body may not grant to any person or entity,
whether by contract, license, or otherwise, the exclusive right
to access and disseminate any public record as defined in this
Act.
(b) Subject to the fee provisions of Section 6 of this Act,
each public body shall promptly provide, to any person who
submits a request, a copy of any public record required to be
disclosed by subsection (a) of this Section and shall certify
such copy if so requested.
(c) Requests for inspection or copies shall be made in
writing and directed to the public body. Written requests may
be submitted to a public body via personal delivery, mail,

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telefax, or other means available to the public body. A public
body may honor oral requests for inspection or copying. A
public body may not require that a request be submitted on a
standard form or require the requester to specify the purpose
for a request, except to determine whether the records are
requested for a commercial purpose or whether to grant a
request for a fee waiver. All requests for inspection and
copying received by a public body shall immediately be
forwarded to its Freedom of Information officer or designee.
(d) Each public body shall, promptly, either comply with or
deny a request for public records within 5 business days after
its receipt of the request, unless the time for response is
properly extended under subsection (e) of this Section. Denial
shall be in writing as provided in Section 9 of this Act.
Failure to comply with a written request, extend the time for
response, or deny a request within 5 business days after its
receipt shall be considered a denial of the request. A public
body that fails to respond to a request within the requisite
periods in this Section but thereafter provides the requester
with copies of the requested public records may not impose a
fee for such copies. A public body that fails to respond to a
request received may not treat the request as unduly burdensome
under subsection (g).
(e) The time for response under this Section may be
extended by the public body for not more than 5 business days
from the original due date for any of the following reasons:

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(i) the requested records are stored in whole or in
part at other locations than the office having charge of
the requested records;
(ii) the request requires the collection of a
substantial number of specified records;
(iii) the request is couched in categorical terms and
requires an extensive search for the records responsive to
it;
(iv) the requested records have not been located in the
course of routine search and additional efforts are being
made to locate them;
(v) the requested records require examination and
evaluation by personnel having the necessary competence
and discretion to determine if they are exempt from
disclosure under Section 7 of this Act or should be
revealed only with appropriate deletions;
(vi) the request for records cannot be complied with by
the public body within the time limits prescribed by
paragraph (c) of this Section without unduly burdening or
interfering with the operations of the public body;
(vii) there is a need for consultation, which shall be
conducted with all practicable speed, with another public
body or among two or more components of a public body
having a substantial interest in the determination or in
the subject matter of the request.
The person making a request and the public body may agree

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in writing to extend the time for compliance for a period to be
determined by the parties. If the requester and the public body
agree to extend the period for compliance, a failure by the
public body to comply with any previous deadlines shall not be
treated as a denial of the request for the records.
(f) When additional time is required for any of the above
reasons, the public body shall, within 5 business days after
receipt of the request, notify the person making the request of
the reasons for the extension and the date by which the
response will be forthcoming. Failure to respond within the
time permitted for extension shall be considered a denial of
the request. A public body that fails to respond to a request
within the time permitted for extension but thereafter provides
the requester with copies of the requested public records may
not impose a fee for those copies. A public body that requests
an extension and subsequently fails to respond to the request
may not treat the request as unduly burdensome under subsection
(g).
(g) Requests calling for all records falling within a
category shall be complied with unless compliance with the
request would be unduly burdensome for the complying public
body and there is no way to narrow the request and the burden
on the public body outweighs the public interest in the
information. Before invoking this exemption, the public body
shall extend to the person making the request an opportunity to
confer with it in an attempt to reduce the request to

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manageable proportions. If any body responds to a categorical
request by stating that compliance would unduly burden its
operation and the conditions described above are met, it shall
do so in writing, specifying the reasons why it would be unduly
burdensome and the extent to which compliance will so burden
the operations of the public body. Such a response shall be
treated as a denial of the request for information.
Repeated requests from the same person for the same records
that are unchanged or identical to records previously provided
or properly denied under this Act shall be deemed unduly
burdensome under this provision.
(h) Each public body may promulgate rules and regulations
in conformity with the provisions of this Section pertaining to
the availability of records and procedures to be followed,
including:
(i) the times and places where such records will be
made available, and
(ii) the persons from whom such records may be
obtained.
(i) The time periods for compliance or denial of a request
to inspect or copy records set out in this Section shall not
apply to requests for records made for a commercial purpose.
Such requests shall be subject to the provisions of Section 3.1
of this Act.
(j) Notwithstanding any provision of this Act to the
contrary, if a public body receives a request from a person who

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is incarcerated in a State correctional institution, it may
forward the request to the Freedom of Information officer for
the Illinois Department of Corrections within 5 business days
after receipt of the request. The Freedom of Information
officer for the Illinois Department of Corrections shall
attempt to locate all public records that are responsive to the
request and shall forward those public records to the requester
within 5 business days after he or she receives the request. If
the Freedom of Information officer for the Illinois Department
of Corrections is unable to locate all public records that are
responsive to a request, he or she shall submit a request for
any outstanding public records to the public body that is in
possession or control of those public records within 10
business days after the Freedom of Information officer for the
Illinois Department of Corrections is forwarded a request from
another public body. Upon receipt of the forwarded request the
public body shall respond within the time limits otherwise set
forth in this Act.
(Source: P.A. 96-542, eff. 1-1-10.)
(5 ILCS 140/3.2 new)
Sec. 3.2. Vexatious request for records.
(a) Notwithstanding any provision to the contrary, a public
body shall respond to a vexatious request for records within 21
working days after receipt. The response shall (i) provide to
the requester an estimate of the time required by the public

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body to provide the records requested and an estimate of the
fees to be charged, which the public body may require the
person to pay in full before copying the requested documents,
(ii) deny the request pursuant to one or more of the exemptions
set out in this Act, (iii) notify the requester that the
request is unduly burdensome and extend an opportunity to the
requester to attempt to reduce the request to manageable
proportions, or (iv) provide the records requested.
(b) Within 5 working days after receiving a vexatious
request for records, the public body shall notify the requester
(i) that the public body is treating the request as a vexatious
request for records, (ii) of the reasons why the public body is
treating the request as a vexatious request for records, and
(iii) that the public body will send an initial response within
21 working days after receipt in accordance with subsection (a)
of this Section. The public body shall also notify the
requester of the proposed responses that can be asserted
pursuant to subsection (a) of this Section.
(c) Unless the records are exempt from disclosure, a public
body shall comply with a request within a reasonable period
considering the size and complexity of the request, and
prioritizing non-commercial or commercial requests for records
over vexatious requests for records.
(d) The Public Access Counselor shall adopt by
administrative rule procedures to create and maintain a log for
public bodies that are governed by subsection (a) of Section

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9.5 of this Act to use for tracking vexatious requests for
records. The log shall track all requests submitted by a person
who has filed a vexatious request for records within the
12-month period described in the definition of "vexatious
request for records" in Section 2 of this Act. Upon receiving a
vexatious request for records, a public body shall promptly
send to the Public Access Counselor any information that is
necessary to complete an entry in the log.
(5 ILCS 140/6) (from Ch. 116, par. 206)
Sec. 6. Authority to charge fees.
(a) When a person requests a copy of a record maintained in
an electronic format, the public body shall furnish it in the
electronic format specified by the requester, if feasible. If
it is not feasible to furnish the public records in the
specified electronic format, then the public body shall furnish
it in the format in which it is maintained by the public body,
or in paper format at the option of the requester. A public
body may charge the requester for the actual cost of purchasing
the recording medium, whether disc, diskette, tape, or other
medium. A public body may not charge the requester for the
costs of any search for and review of the records or other
personnel costs associated with reproducing the records only as
permitted in subsection (f) of this Section. Except to the
extent that the General Assembly expressly provides, statutory
fees applicable to copies of public records when furnished in a

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paper format shall not be applicable to those records when
furnished in an electronic format.
(b) Except when a fee is otherwise fixed by statute, each
public body may charge fees reasonably calculated to reimburse
its actual cost for reproducing and certifying public records
and for the use, by any person, of the equipment of the public
body to copy records. No fees shall be charged for the first 50
pages of black and white, letter or legal sized copies
requested by a requester. The fee for black and white, letter
or legal sized copies shall not exceed 15 cents per page. If a
public body provides copies in color or in a size other than
letter or legal, the public body may not charge more than its
actual cost for reproducing the records. In calculating its
actual cost for reproducing records or for the use of the
equipment of the public body to reproduce records, a public
body shall not include the costs of any search for and review
of the records or other personnel costs associated with
reproducing the records except as provided in subsection (f) of
this Section. Such fees shall be imposed according to a
standard scale of fees, established and made public by the body
imposing them. The cost for certifying a record shall not
exceed $1.
(c) Documents shall be furnished without charge or at a
reduced charge, as determined by the public body, if the person
requesting the documents states the specific purpose for the
request and indicates that a waiver or reduction of the fee is

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in the public interest. Waiver or reduction of the fee is in
the public interest if the principal purpose of the request is
to access and disseminate information regarding the health,
safety and welfare or the legal rights of the general public
and is not for the principal purpose of personal or commercial
benefit. For purposes of this subsection, "commercial benefit"
shall not apply to requests made by news media when the
principal purpose of the request is to access and disseminate
information regarding the health, safety, and welfare or the
legal rights of the general public. In setting the amount of
the waiver or reduction, the public body may take into
consideration the amount of materials requested and the cost of
copying them.
(d) The imposition of a fee not consistent with subsections
(6)(a) and (b) of this Act constitutes a denial of access to
public records for the purposes of judicial review.
(e) The fee for each abstract of a driver's record shall be
as provided in Section 6-118 of "The Illinois Vehicle Code",
approved September 29, 1969, as amended, whether furnished as a
paper copy or as an electronic copy.
(f) A public body may charge up to $25 for each hour spent
by personnel in searching for and retrieving a requested
record. No fees shall be charged for the first 2 hours spent by
personnel in searching for or retrieving a requested record,
unless the request is made for a commercial purpose, in which
case fees may be charged for the first 2 hours.

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A public body may charge the actual cost of retrieving and
transporting public records from an off-site storage facility
when the public records are maintained by a third-party storage
company under contract with the public body. If a public body
imposes a fee pursuant to this subsection (f), it must provide
the requester with an accounting of all fees, costs, and
personnel hours in connection with the request for public
records.
(g) When a public body determines or estimates that fees to
be charged under this Section will amount to more than $100,
the public body shall notify the requester of the actual or
estimated amount of the fees, unless the requester has
indicated a willingness to pay fees as high as those
anticipated. If the public body is able to estimate only a
portion of the expected fee, the public body shall advise the
requester that the estimated fee may be only a portion of the
total fee. If a public body notifies a requester that the
actual or estimated fees will exceed $100 and requests advance
payment or deposit of a specific amount by the requester, the
public body does not have to expend additional resources on the
request until the requester makes an advance payment or deposit
of the specific amount.
(h) Notwithstanding any provision of this Section to the
contrary, no fees shall be imposed on the person making the
request if (i) he or she is a member or employee of a public
body and (ii) he or she intends to use the requested

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information in his or her official capacity or as part of his
or her employment.
(i) If a requester has previously failed to pay a properly
charged fee to the public body within 30 days after the date of
billing, the public body may require the requester to pay the
full amount due and to make an advance payment of the full
amount of any anticipated fee before the public body begins to
process a new request or continues to process a pending request
from that requester.
(j) If a public body reasonably believes that a requester
or group of requesters acting together is attempting to divide
a request into multiple series of requests for the purpose of
avoiding fees, the public body may aggregate those requests and
charge accordingly, provided that the public body notifies the
requester or requesters before taking that action.
(Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10.)
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from

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inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information.
"Unwarranted invasion of personal privacy" means the
disclosure of information that is highly personal or
objectionable to a reasonable person and in which the subject's
right to privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information that
bears on the public duties of public employees and officials
shall not be considered an invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement

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proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the extent
that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by any the public
body that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative

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techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation, or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public
body that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
For the purposes of this paragraph (d), if the recipient of
the request for records is other than (i) the public body that
is contemplating or conducting the administrative enforcement
proceeding or investigation or (ii) the law enforcement or
correctional agency that is contemplating or conducting the law
enforcement proceeding or investigation, then the original
recipient of the request shall transmit the request to the
Freedom of Information officer of the public body that is
contemplating or conducting the proceeding or investigation
within 2 business days after the receipt of the request. The
original recipient of the request shall notify the requester
that the request for records was transmitted to another public
body and shall identify the public body to which the request
was forwarded. Upon receipt of the forwarded request, the
public body shall respond to the request within the time limits
otherwise set forth in this Act.

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(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and any other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension fund,
from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as
a result of either investing or evaluating a potential

09700SB2203sam002 - 24 - LRB097 08645 JDS 54290 a
investment of public funds in a private equity fund. The
exemption contained in this item does not apply to the
aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company
within the investment portfolio of a private equity fund,
unless the disclosure of the identity of a privately held
company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by news

09700SB2203sam002 - 25 - LRB097 08645 JDS 54290 a
media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including but not limited to power generating and

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distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies. However,
communications and materials exchanged between a lobbyist
and a public body that concern either lobbying performed on
behalf of the public body by the lobbyist or the
expenditure of public moneys for goods or services provided
on behalf of the public body by the lobbyist are public
records and are not exempt from inspection and copying
based solely on the lobbyist's status as an attorney or
auditor.

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(n) Records relating to a public body's adjudication of
employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including but
not limited to software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding

09700SB2203sam002 - 28 - LRB097 08645 JDS 54290 a
under the Eminent Domain Act, records, documents and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to be
used to create electronic or digital signatures under the
Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and

09700SB2203sam002 - 29 - LRB097 08645 JDS 54290 a
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, or to
tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power Agency
Act and Section 16-111.5 of the Public Utilities Act that
is determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.

09700SB2203sam002 - 30 - LRB097 08645 JDS 54290 a
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) (bb) Information regarding interments,
entombments, or inurnments of human remains that are
submitted to the Cemetery Oversight Database under the
Cemetery Care Act or the Cemetery Oversight Act, whichever
is applicable.
(dd) The names, addresses, or other personal
information of participants, volunteers, and registrants
in programs of park districts, forest preserve districts,
conservation districts, recreation agencies, and special
recreation associations.
(ee) The names of subscribers to any magazine,
newsletter, periodical, or other publication of a public
body.
(ff) Personally identifiable information exempted from

09700SB2203sam002 - 31 - LRB097 08645 JDS 54290 a
disclosure by subsection (g) of Section 19.1 of the Toll
Highway Act.
(gg) Utility bills for individual customers of a
municipally owned or operated gas, electric, telephone, or
water utility company. However, this exemption does not
apply to any utility bills of a public body.
(hh) Investigative or crime scene photographs or video
recordings of a deceased person, a part of a deceased
person, or any part of a person's extreme, severe, or acute
injuries. However, that information shall be released in
accordance with this Act to the person depicted in the
photographs or video recordings, or if the person is
deceased, that information shall be released to the
person's surviving spouse, parents, adult siblings, or
adult children. This information shall also be released to
any public body or federal agency in furtherance of its
official duties and pursuant to a written request to the
public body in possession of the records.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of

09700SB2203sam002 - 32 - LRB097 08645 JDS 54290 a
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10;
96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10;
96-736, eff. 7-1-10; 96-863, eff. 3-1-10; 96-1378, eff.
7-29-10; revised 9-2-10.)
(5 ILCS 140/9.5)
Sec. 9.5. Public Access Counselor; opinions.
(a) A person whose request to inspect or copy a public
record is denied by a public body, except the General Assembly
and committees, commissions, and agencies thereof, may file a
request for review with the Public Access Counselor established
in the Office of the Attorney General not later than 60 days
after the date of the final denial. The request for review must
be in writing, signed by the requester, and include (i) a copy
of the request for access to records and (ii) any responses
from the public body.
(b) A public body that receives a request for records, and
asserts that the records are exempt under subsection (1)(c) or
(1)(f) of Section 7 of this Act, shall, within the time periods
provided for responding to a request, provide written notice to
the requester and the Public Access Counselor of its intent to
deny the request in whole or in part. The notice shall include:

09700SB2203sam002 - 33 - LRB097 08645 JDS 54290 a
(i) a copy of the request for access to records; (ii) the
proposed response from the public body; and (iii) a detailed
summary of the public body's basis for asserting the exemption.
Upon receipt of a notice of intent to deny from a public body,
the Public Access Counselor shall determine whether further
inquiry is warranted. Within 5 working days after receipt of
the notice of intent to deny, the Public Access Counselor shall
notify the public body and the requester whether further
inquiry is warranted. If the Public Access Counselor determines
that further inquiry is warranted, the procedures set out in
this Section regarding the review of denials, including the
production of documents, shall also be applicable to the
inquiry and resolution of a notice of intent to deny from a
public body. Times for response or compliance by the public
body under Section 3 of this Act shall be tolled until the
Public Access Counselor concludes his or her inquiry.
Notwithstanding any other provision of this subsection
(b), a public body that receives a request for records and
asserts that those records are exempt under subsection (1)(c)
or (1)(f) of Section 7 of this Act has no duty to provide a
written notice of its intent not to disclose a date of birth,
medical or health information, the names of applicants for
public employment, or completed applications for public
employment.
(c) Upon receipt of a request for review, the Public Access
Counselor shall determine whether further action is warranted.

09700SB2203sam002 - 34 - LRB097 08645 JDS 54290 a
If the Public Access Counselor determines that the alleged
violation is unfounded, he or she shall so advise the requester
and the public body and no further action shall be undertaken.
In all other cases, the Public Access Counselor shall forward a
copy of the request for review to the public body within 7
working days after receipt and shall specify the records or
other documents that the public body shall furnish to
facilitate the review. Within 7 working days after receipt of
the request for review, the public body shall provide copies of
records requested and shall otherwise fully cooperate with the
Public Access Counselor. If a public body fails to furnish
specified records pursuant to this Section, or if otherwise
necessary, the Attorney General may issue a subpoena to any
person or public body having knowledge of or records pertaining
to a request for review of a denial of access to records under
the Act. To the extent that records or documents produced by a
public body contain information that is claimed to be exempt
from disclosure under Section 7 of this Act, the Public Access
Counselor shall not further disclose that information.
(d) Within 7 working days after it receives a copy of a
request for review and request for production of records from
the Public Access Counselor, the public body may, but is not
required to, answer the allegations of the request for review.
The answer may take the form of a letter, brief, or memorandum.
The Public Access Counselor shall forward a copy of the answer
to the person submitting the request for review, with any

09700SB2203sam002 - 35 - LRB097 08645 JDS 54290 a
alleged confidential information to which the request pertains
redacted from the copy. The requester may, but is not required
to, respond in writing to the answer within 7 working days and
shall provide a copy of the response to the public body.
(e) In addition to the request for review, and the answer
and the response thereto, if any, a requester or a public body
may furnish affidavits or records concerning any matter germane
to the review.
(f) Unless the Public Access Counselor extends the time by
no more than 21 business days by sending written notice to the
requester and the public body that includes a statement of the
reasons for the extension in the notice, or decides to address
the matter without the issuance of a binding opinion, the
Attorney General shall examine the issues and the records,
shall make findings of fact and conclusions of law, and shall
issue to the requester and the public body an opinion in
response to the request for review within 60 days after its
receipt. The opinion shall be binding upon both the requester
and the public body, subject to administrative review under
Section 11.5.
In responding to any request under this Section 9.5, the
Attorney General may exercise his or her discretion and choose
to resolve a request for review by mediation or by a means
other than the issuance of a binding opinion. The decision not
to issue a binding opinion shall not be reviewable.
Upon receipt of a binding opinion concluding that a

09700SB2203sam002 - 36 - LRB097 08645 JDS 54290 a
violation of this Act has occurred, the public body shall
either take necessary action immediately to comply with the
directive of the opinion or shall initiate administrative
review under Section 11.5. If the opinion concludes that no
violation of the Act has occurred, the requester may initiate
administrative review under Section 11.5.
A public body that discloses records in accordance with an
opinion of the Attorney General is immune from all liabilities
by reason thereof and shall not be liable for penalties under
this Act.
(g) If the requester files suit under Section 11 with
respect to the same denial that is the subject of a pending
request for review, the requester shall notify the Public
Access Counselor, and the Public Access Counselor shall take no
further action with respect to the request for review and shall
so notify the public body.
(h) The Attorney General may also issue advisory opinions
to public bodies regarding compliance with this Act. A review
may be initiated upon receipt of a written request from the
head of the public body or its attorney, which shall contain
sufficient accurate facts from which a determination can be
made. The Public Access Counselor may request additional
information from the public body in order to assist in the
review. A public body that relies in good faith on an advisory
opinion of the Attorney General in responding to a request is
not liable for penalties under this Act, so long as the facts

09700SB2203sam002 - 37 - LRB097 08645 JDS 54290 a
upon which the opinion is based have been fully and fairly
disclosed to the Public Access Counselor.
(Source: P.A. 96-542, eff. 1-1-10.)
Section 10. The Toll Highway Act is amended by adding
Section 19.1 as follows:
(605 ILCS 10/19.1 new)
Sec. 19.1. Confidentiality of personally identifiable
information obtained through electronic toll collection
system.
(a) Except as otherwise provided in this Section, the
Authority may not sell or otherwise provide to any person or
entity personally identifiable information of any electronic
toll collection system user that the Authority obtains through
the operation of its electronic toll collection system.
(b) The Authority may, within practical business and cost
constraints, store personally identifiable information of an
electronic toll collection system user only if the information
is required to perform account functions, such as billing,
account settlement, or toll violation enforcement activities.
(c) By no later than December 31, 2011, the Authority shall
establish a privacy policy regarding the collection and use of
personally identifiable information. Upon its adoption, the
policy shall be posted on the Authority's website and a copy
shall be included with each transponder transmitted to a user.

09700SB2203sam002 - 38 - LRB097 08645 JDS 54290 a
The policy shall include but need not be limited to the
following:
(1) A description of the types of personally
identifiable information collected by the Authority.
(2) The categories of third-party persons or entities
with whom the Authority may share personally identifiable
information and for what purposes that information is
shared.
(3) The process by which the Authority notifies
electronic toll collection system users of material
changes to its privacy policy.
(4) The process by which an electronic toll collection
system user may review and request changes to any of his or
her personally identifiable information.
(5) The effective date of the privacy policy.
(d) This Section does not prohibit the Authority from:
(1) providing aggregated traveler information derived
from collective data relating to a group or category of
electronic toll collection system users from which
personally identifiable information has been removed;
(2) sharing data with another transportation agency or
third-party vendor to comply with interoperability
specifications and standards regarding electronic toll
collection devices and technologies, provided that the
other transportation agency or third-party vendor may not
use personally identifiable information obtained under

09700SB2203sam002 - 39 - LRB097 08645 JDS 54290 a
this Section for a purpose other than described in this
Section;
(3) performing financial, legal and accounting
functions such as billing, account settlement, toll
violation enforcement, or other activities required to
operate and manage its toll collection system;
(4) communicating about products and services offered
by itself, a business partner, or another public agency;
(5) using personally identifiable information in
research projects, provided that appropriate
confidentiality restrictions are employed to protect
against the unauthorized release of such information;
(6) releasing personally identifiable information in
response to a warrant, subpoena or lawful order from a
court of competent jurisdiction;
(7) releasing personally identifiable information to
law enforcement agencies in the case of an emergency when
obtaining a warrant or subpoena would be impractical; and
(8) releasing personally identifiable information to
the Authority's Inspector General or, at the Inspector
General's direction, to law enforcement agencies under
paragraphs (5) and (6) of subsection (f) of Section 8.5 of
this Act.
(e) For purposes of this Section:
"Electronic toll collection system" is a system where a
transponder, camera-based vehicle identification system, or

09700SB2203sam002 - 40 - LRB097 08645 JDS 54290 a
other electronic medium is used to deduct payment of a toll
from a subscriber's account or to establish an obligation to
pay a toll.
"Electronic toll collection system user" means any natural
person who subscribes to an electronic toll collection system
or any natural person who uses a tolled transportation facility
that employs the Authority's electronic toll collection
system.
"Personally identifiable information" means any
information that identifies or describes an electronic toll
collection system user, including but not limited to travel
pattern data, address, telephone number, e-mail address,
license plate number, photograph, vehicle location, bank
account information, or credit card number.
(f) In any agreement allowing another public entity to use
the Authority's toll collection system in a transportation
facility, the Authority shall require the other public entity
to comply with the requirements of this Section.
(g) Personally identifiable information generated through
the Authority's toll collection process that reveals the date,
time, location or direction of travel by an electronic toll
collection system user shall be exempt from release under the
Illinois Freedom of Information Act. The exemption in this
subsection shall not apply to information that concerns (i) the
public duties of public employees; (ii) whether an electronic
toll collection system user has paid tolls; (iii) whether the

09700SB2203sam002 - 41 - LRB097 08645 JDS 54290 a
Authority is enforcing toll violation penalties against
electronic toll collection users who do not pay tolls; (iv)
accidents or other incidents that occur on highways under the
jurisdiction of the Authority; or (v) other operations of the
Authority.
Section 99. Effective date. This Act takes effect upon
becoming law.".