Bill Text: IL SB2507 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Freedom of Information Act. Deletes language that exempts from copying and inspection: (i) 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; and (ii) 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-04-08 - Rule 3-9(a) / Re-referred to Assignments [SB2507 Detail]
Download: Illinois-2015-SB2507-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 disclosure | |||||||||||||||||||
10 | under this Section, but also contains information that is not | |||||||||||||||||||
11 | exempt from disclosure, the public body may elect to redact the | |||||||||||||||||||
12 | information that is exempt. The public body shall make the | |||||||||||||||||||
13 | remaining information available for inspection and copying. | |||||||||||||||||||
14 | Subject to this requirement, the following shall be exempt from | |||||||||||||||||||
15 | inspection and copying:
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16 | (a) Information specifically prohibited from | |||||||||||||||||||
17 | disclosure by federal or
State law or rules and regulations | |||||||||||||||||||
18 | implementing federal or State law.
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19 | (b) Private information, unless disclosure is required | |||||||||||||||||||
20 | by another provision of this Act, a State or federal law or | |||||||||||||||||||
21 | a court order. | |||||||||||||||||||
22 | (b-5) Files, documents, and other data or databases | |||||||||||||||||||
23 | maintained by one or more law enforcement agencies and |
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1 | specifically designed to provide information to one or more | ||||||
2 | law enforcement agencies regarding the physical or mental | ||||||
3 | status of one or more individual subjects. | ||||||
4 | (c) Personal information contained within public | ||||||
5 | records, the disclosure of which would constitute a clearly
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6 | unwarranted invasion of personal privacy, unless the | ||||||
7 | disclosure is
consented to in writing by the individual | ||||||
8 | subjects of the information. "Unwarranted invasion of | ||||||
9 | personal privacy" means the disclosure of information that | ||||||
10 | is highly personal or objectionable to a reasonable person | ||||||
11 | and in which the subject's right to privacy outweighs any | ||||||
12 | legitimate public interest in obtaining the information. | ||||||
13 | The
disclosure of information that bears on the public | ||||||
14 | duties of public
employees and officials shall not be | ||||||
15 | considered an invasion of personal
privacy.
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16 | (d) Records in the possession of any public body | ||||||
17 | created in the course of administrative enforcement
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18 | proceedings, and any law enforcement or correctional | ||||||
19 | agency for
law enforcement purposes,
but only to the extent | ||||||
20 | that disclosure would:
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21 | (i) interfere with pending or actually and | ||||||
22 | reasonably contemplated
law enforcement proceedings | ||||||
23 | conducted by any law enforcement or correctional
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24 | agency that is the recipient of the request;
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25 | (ii) interfere with active administrative | ||||||
26 | enforcement proceedings
conducted by the public body |
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1 | that is the recipient of the request;
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2 | (iii) create a substantial likelihood that a | ||||||
3 | person will be deprived of a fair trial or an impartial | ||||||
4 | hearing;
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5 | (iv) unavoidably disclose the identity of a | ||||||
6 | confidential source, confidential information | ||||||
7 | furnished only by the confidential source, or persons | ||||||
8 | who file complaints with or provide information to | ||||||
9 | administrative, investigative, law enforcement, or | ||||||
10 | penal agencies; except that the identities of | ||||||
11 | witnesses to traffic accidents, traffic accident | ||||||
12 | reports, and rescue reports shall be provided by | ||||||
13 | agencies of local government, except when disclosure | ||||||
14 | would interfere with an active criminal investigation | ||||||
15 | conducted by the agency that is the recipient of the | ||||||
16 | request;
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17 | (v) disclose unique or specialized investigative | ||||||
18 | techniques other than
those generally used and known or | ||||||
19 | disclose internal documents of
correctional agencies | ||||||
20 | related to detection, observation or investigation of
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21 | incidents of crime or misconduct, and disclosure would | ||||||
22 | result in demonstrable harm to the agency or public | ||||||
23 | body that is the recipient of the request;
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24 | (vi) endanger the life or physical safety of law | ||||||
25 | enforcement personnel
or any other person; or
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26 | (vii) obstruct an ongoing criminal investigation |
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1 | by the agency that is the recipient of the request.
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2 | (d-5) A law enforcement record created for law | ||||||
3 | enforcement purposes and contained in a shared electronic | ||||||
4 | record management system if the law enforcement agency that | ||||||
5 | is the recipient of the request did not create the record, | ||||||
6 | did not participate in or have a role in any of the events | ||||||
7 | which are the subject of the record, and only has access to | ||||||
8 | the record through the shared electronic record management | ||||||
9 | system. | ||||||
10 | (e) Records that relate to or affect the security of | ||||||
11 | correctional
institutions and detention facilities.
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12 | (e-5) Records requested by persons committed to the | ||||||
13 | Department of Corrections if those materials are available | ||||||
14 | in the library of the correctional facility where the | ||||||
15 | inmate is confined. | ||||||
16 | (e-6) Records requested by persons committed to the | ||||||
17 | Department of Corrections if those materials include | ||||||
18 | records from staff members' personnel files, staff | ||||||
19 | rosters, or other staffing assignment information. | ||||||
20 | (e-7) Records requested by persons committed to the | ||||||
21 | Department of Corrections if those materials are available | ||||||
22 | through an administrative request to the Department of | ||||||
23 | Corrections. | ||||||
24 | (f) Preliminary drafts, notes, recommendations, | ||||||
25 | memoranda and other
records in which opinions are | ||||||
26 | expressed, or policies or actions are
formulated, except |
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1 | that a specific record or relevant portion of a
record | ||||||
2 | shall not be exempt when the record is publicly cited
and | ||||||
3 | identified by the head of the public body. The exemption | ||||||
4 | provided in
this paragraph (f) extends to all those records | ||||||
5 | of officers and agencies
of the General Assembly that | ||||||
6 | pertain to the preparation of legislative
documents.
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7 | (g) Trade secrets and commercial or financial | ||||||
8 | information obtained from
a person or business where the | ||||||
9 | trade secrets or commercial or financial information are | ||||||
10 | furnished under a claim that they are
proprietary, | ||||||
11 | privileged or confidential, and that disclosure of the | ||||||
12 | trade
secrets or commercial or financial information would | ||||||
13 | cause competitive harm to the person or business, and only | ||||||
14 | insofar as the claim directly applies to the records | ||||||
15 | requested. | ||||||
16 | The information included under this exemption includes | ||||||
17 | all trade secrets and commercial or financial information | ||||||
18 | obtained by a public body, including a public pension fund, | ||||||
19 | from a private equity fund or a privately held company | ||||||
20 | within the investment portfolio of a private equity fund as | ||||||
21 | a result of either investing or evaluating a potential | ||||||
22 | investment of public funds in a private equity fund. The | ||||||
23 | exemption contained in this item does not apply to the | ||||||
24 | aggregate financial performance information of a private | ||||||
25 | equity fund, nor to the identity of the fund's managers or | ||||||
26 | general partners. The exemption contained in this item does |
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1 | not apply to the identity of a privately held company | ||||||
2 | within the investment portfolio of a private equity fund, | ||||||
3 | unless the disclosure of the identity of a privately held | ||||||
4 | company may cause competitive harm. | ||||||
5 | Nothing contained in this
paragraph (g) shall be | ||||||
6 | construed to prevent a person or business from
consenting | ||||||
7 | to disclosure.
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8 | (h) Proposals and bids for any contract, grant, or | ||||||
9 | agreement, including
information which if it were | ||||||
10 | disclosed would frustrate procurement or give
an advantage | ||||||
11 | to any person proposing to enter into a contractor | ||||||
12 | agreement
with the body, until an award or final selection | ||||||
13 | is made. Information
prepared by or for the body in | ||||||
14 | preparation of a bid solicitation shall be
exempt until an | ||||||
15 | award or final selection is made.
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16 | (i) Valuable formulae,
computer geographic systems,
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17 | designs, drawings and research data obtained or
produced by | ||||||
18 | any public body when disclosure could reasonably be | ||||||
19 | expected to
produce private gain or public loss.
The | ||||||
20 | exemption for "computer geographic systems" provided in | ||||||
21 | this paragraph
(i) does not extend to requests made by news | ||||||
22 | media as defined in Section 2 of
this Act when the | ||||||
23 | requested information is not otherwise exempt and the only
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24 | purpose of the request is to access and disseminate | ||||||
25 | information regarding the
health, safety, welfare, or | ||||||
26 | legal rights of the general public.
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1 | (j) The following information pertaining to | ||||||
2 | educational matters: | ||||||
3 | (i) test questions, scoring keys and other | ||||||
4 | examination data used to
administer an academic | ||||||
5 | examination;
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6 | (ii) information received by a primary or | ||||||
7 | secondary school, college, or university under its | ||||||
8 | procedures for the evaluation of faculty members by | ||||||
9 | their academic peers; | ||||||
10 | (iii) information concerning a school or | ||||||
11 | university's adjudication of student disciplinary | ||||||
12 | cases, but only to the extent that disclosure would | ||||||
13 | unavoidably reveal the identity of the student; and | ||||||
14 | (iv) course materials or research materials used | ||||||
15 | by faculty members. | ||||||
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, | ||||||
21 | including but not limited to power generating and | ||||||
22 | distribution stations and other transmission and | ||||||
23 | distribution facilities, water treatment facilities, | ||||||
24 | airport facilities, sport stadiums, convention centers, | ||||||
25 | and all government owned, operated, or occupied buildings, | ||||||
26 | but
only to the extent
that disclosure would compromise |
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1 | security.
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2 | (l) Minutes of meetings of public bodies closed to the
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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.
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6 | (m) 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
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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.
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14 | (n) Records relating to a public body's adjudication of | ||||||
15 | employee grievances or disciplinary cases; however, this | ||||||
16 | exemption shall not extend to the final outcome of cases in | ||||||
17 | which discipline is imposed.
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18 | (o) Administrative or technical information associated | ||||||
19 | with automated
data processing operations, including but | ||||||
20 | not limited to software,
operating protocols, computer | ||||||
21 | program abstracts, file layouts, source
listings, object | ||||||
22 | modules, load modules, user guides, documentation
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23 | pertaining to all logical and physical design of | ||||||
24 | computerized systems,
employee manuals, and any other | ||||||
25 | information that, if disclosed, would
jeopardize the | ||||||
26 | security of the system or its data or the security of
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1 | materials exempt under this Section.
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2 | (p) Records relating to collective negotiating matters
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3 | between public bodies and their employees or | ||||||
4 | representatives, except that
any final contract or | ||||||
5 | agreement shall be subject to inspection and copying.
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6 | (q) Test questions, scoring keys, and other | ||||||
7 | examination data used to determine the qualifications of an | ||||||
8 | applicant for a license or employment.
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9 | (r) The records, documents, and information relating | ||||||
10 | to real estate
purchase negotiations until those | ||||||
11 | negotiations have been completed or
otherwise terminated. | ||||||
12 | With regard to a parcel involved in a pending or
actually | ||||||
13 | and reasonably contemplated eminent domain proceeding | ||||||
14 | under the Eminent Domain Act, records, documents and
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15 | information relating to that parcel shall be exempt except | ||||||
16 | as may be
allowed under discovery rules adopted by the | ||||||
17 | Illinois Supreme Court. The
records, documents and | ||||||
18 | information relating to a real estate sale shall be
exempt | ||||||
19 | until a sale is consummated.
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20 | (s) (Blank). Any and all proprietary information and | ||||||
21 | records related to the
operation of an intergovernmental | ||||||
22 | risk management association or
self-insurance pool or | ||||||
23 | jointly self-administered health and accident
cooperative | ||||||
24 | or pool.
Insurance or self insurance (including any | ||||||
25 | intergovernmental risk management association or self | ||||||
26 | insurance pool) claims, loss or risk management |
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1 | information, records, data, advice or communications.
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2 | (t) Information contained in or related to | ||||||
3 | examination, operating, or
condition reports prepared by, | ||||||
4 | on behalf of, or for the use of a public
body responsible | ||||||
5 | for the regulation or supervision of financial
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6 | institutions or insurance companies, unless disclosure is | ||||||
7 | otherwise
required by State law.
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8 | (u) Information that would disclose
or might lead to | ||||||
9 | the disclosure of
secret or confidential information, | ||||||
10 | codes, algorithms, programs, or private
keys intended to be | ||||||
11 | used to create electronic or digital signatures under the
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12 | Electronic Commerce Security Act.
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13 | (v) Vulnerability assessments, security measures, and | ||||||
14 | response policies
or plans that are designed to identify, | ||||||
15 | prevent, or respond to potential
attacks upon a community's | ||||||
16 | population or systems, facilities, or installations,
the | ||||||
17 | destruction or contamination of which would constitute a | ||||||
18 | clear and present
danger to the health or safety of the | ||||||
19 | community, but only to the extent that
disclosure could | ||||||
20 | reasonably be expected to jeopardize the effectiveness of | ||||||
21 | the
measures or the safety of the personnel who implement | ||||||
22 | them or the public.
Information exempt under this item may | ||||||
23 | include such things as details
pertaining to the | ||||||
24 | mobilization or deployment of personnel or equipment, to | ||||||
25 | the
operation of communication systems or protocols, or to | ||||||
26 | tactical operations.
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1 | (w) (Blank). | ||||||
2 | (x) Maps and other records regarding the location or | ||||||
3 | security of generation, transmission, distribution, | ||||||
4 | storage, gathering,
treatment, or switching facilities | ||||||
5 | owned by a utility, by a power generator, or by the | ||||||
6 | Illinois Power Agency.
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7 | (y) Information contained in or related to proposals, | ||||||
8 | bids, or negotiations related to electric power | ||||||
9 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
10 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
11 | is determined to be confidential and proprietary by the | ||||||
12 | Illinois Power Agency or by the Illinois Commerce | ||||||
13 | Commission.
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14 | (z) Information about students exempted from | ||||||
15 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
16 | School Code, and information about undergraduate students | ||||||
17 | enrolled at an institution of higher education exempted | ||||||
18 | from disclosure under Section 25 of the Illinois Credit | ||||||
19 | Card Marketing Act of 2009. | ||||||
20 | (aa) Information the disclosure of which is
exempted | ||||||
21 | under the Viatical Settlements Act of 2009.
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22 | (bb) Records and information provided to a mortality | ||||||
23 | review team and records maintained by a mortality review | ||||||
24 | team appointed under the Department of Juvenile Justice | ||||||
25 | Mortality Review Team Act. | ||||||
26 | (cc) Information regarding interments, entombments, or |
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1 | inurnments of human remains that are submitted to the | ||||||
2 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
3 | the Cemetery Oversight Act, whichever is applicable. | ||||||
4 | (dd) Correspondence and records (i) that may not be | ||||||
5 | disclosed under Section 11-9 of the Public Aid Code or (ii) | ||||||
6 | that pertain to appeals under Section 11-8 of the Public | ||||||
7 | Aid Code. | ||||||
8 | (ee) The names, addresses, or other personal | ||||||
9 | information of persons who are minors and are also | ||||||
10 | participants and registrants in programs of park | ||||||
11 | districts, forest preserve districts, conservation | ||||||
12 | districts, recreation agencies, and special recreation | ||||||
13 | associations. | ||||||
14 | (ff) The names, addresses, or other personal | ||||||
15 | information of participants and registrants in programs of | ||||||
16 | park districts, forest preserve districts, conservation | ||||||
17 | districts, recreation agencies, and special recreation | ||||||
18 | associations where such programs are targeted primarily to | ||||||
19 | minors. | ||||||
20 | (gg) Confidential information described in Section | ||||||
21 | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | ||||||
22 | (hh) The report submitted to the State Board of | ||||||
23 | Education by the School Security and Standards Task Force | ||||||
24 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
25 | School Code and any information contained in that report. | ||||||
26 | (ii) Records requested by persons committed to or |
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1 | detained by the Department of Human Services under the | ||||||
2 | Sexually Violent Persons Commitment Act or committed to the | ||||||
3 | Department of Corrections under the Sexually Dangerous | ||||||
4 | Persons Act if those materials: (i) are available in the | ||||||
5 | library of the facility where the individual is confined; | ||||||
6 | (ii) include records from staff members' personnel files, | ||||||
7 | staff rosters, or other staffing assignment information; | ||||||
8 | or (iii) are available through an administrative request to | ||||||
9 | the Department of Human Services or the Department of | ||||||
10 | Corrections. | ||||||
11 | (jj) (ii) Confidential information described in | ||||||
12 | Section 5-535 of the Civil Administrative Code of Illinois. | ||||||
13 | (1.5) Any information exempt from disclosure under the | ||||||
14 | Judicial Privacy Act shall be redacted from public records | ||||||
15 | prior to disclosure under this Act. | ||||||
16 | (2) A public record that is not in the possession of a | ||||||
17 | public body but is in the possession of a party with whom the | ||||||
18 | agency has contracted to perform a governmental function on | ||||||
19 | behalf of the public body, and that directly relates to the | ||||||
20 | governmental function and is not otherwise exempt under this | ||||||
21 | Act, shall be considered a public record of the public body, | ||||||
22 | for purposes of this Act. | ||||||
23 | (3) This Section does not authorize withholding of | ||||||
24 | information or limit the
availability of records to the public, | ||||||
25 | except as stated in this Section or
otherwise provided in this | ||||||
26 | Act.
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1 | (Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13; | ||||||
2 | 98-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; | ||||||
3 | revised 1-11-16.)
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