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| Public Act 100-0732
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| SB3217 Enrolled | LRB100 16023 HEP 31142 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Freedom of Information Act is amended by |
changing Section 7 as follows:
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(5 ILCS 140/7) (from Ch. 116, par. 207) |
Sec. 7. Exemptions.
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(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 |
inspection and copying:
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(a) Information specifically prohibited from |
disclosure by federal or
State law or rules and regulations |
implementing federal or State law.
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(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 |
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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
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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.
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(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:
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(i) interfere with pending or actually and |
reasonably contemplated
law enforcement proceedings |
conducted by any law enforcement or correctional
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agency that is the recipient of the request;
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(ii) interfere with active administrative |
enforcement proceedings
conducted by the public body |
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that is the recipient of the request;
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(iii) create a substantial likelihood that a |
person will be deprived of a fair trial or an impartial |
hearing;
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(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;
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(v) disclose unique or specialized investigative |
techniques other than
those generally used and known or |
disclose internal documents of
correctional agencies |
related to detection, observation or investigation of
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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;
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(vi) endanger the life or physical safety of law |
enforcement personnel
or any other person; or
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(vii) obstruct an ongoing criminal investigation |
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by the agency that is the recipient of the request.
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(d-5) A law enforcement record created for law |
enforcement purposes and contained in a shared electronic |
record management system if the law enforcement agency that |
is the recipient of the request did not create the record, |
did not participate in or have a role in any of the events |
which are the subject of the record, and only has access to |
the record through the shared electronic record management |
system. |
(e) Records that relate to or affect the security of |
correctional
institutions and detention facilities.
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(e-5) Records requested by persons committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail if those |
materials are available in the library of the correctional |
institution or facility or jail where the inmate is |
confined. |
(e-6) Records requested by persons committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail if those |
materials include records from staff members' personnel |
files, staff rosters, or other staffing assignment |
information. |
(e-7) Records requested by persons committed to the |
Department of Corrections or Department of Human Services |
Division of Mental Health if those materials are available |
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through an administrative request to the Department of |
Corrections or Department of Human Services Division of |
Mental Health. |
(e-8) Records requested by a person committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail, the disclosure |
of which would result in the risk of harm to any person or |
the risk of an escape from a jail or correctional |
institution or facility. |
(e-9) Records requested by a person in a county jail or |
committed to the Department of Corrections or Department of |
Human Services Division of Mental Health, containing |
personal information pertaining to the person's victim or |
the victim's family, including, but not limited to, a |
victim's home address, home telephone number, work or |
school address, work telephone number, social security |
number, or any other identifying information, except as may |
be relevant to a requester's current or potential case or |
claim. |
(e-10) Law enforcement records of other persons |
requested by a person committed to the Department of |
Corrections, Department of Human Services Division of |
Mental Health, or a county jail, including, but not limited |
to, arrest and booking records, mug shots, and crime scene |
photographs, except as these records may be relevant to the |
requester's current or potential case or claim. |
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(f) Preliminary drafts, notes, recommendations, |
memoranda and 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.
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(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 |
investment of public funds in a private equity fund. The |
exemption contained in this item does not apply to the |
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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.
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(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.
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(i) Valuable formulae,
computer geographic systems,
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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 |
media as defined in Section 2 of
this Act when the |
requested information is not otherwise exempt and the only
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purpose of the request is to access and disseminate |
information regarding the
health, safety, welfare, or |
legal rights of the general public.
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(j) The following information pertaining to |
educational matters: |
(i) test questions, scoring keys and other |
examination data used to
administer an academic |
examination;
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(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 |
distribution stations and other transmission and |
distribution facilities, water treatment facilities, |
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airport facilities, sport stadiums, convention centers, |
and all government owned, operated, or occupied buildings, |
but
only to the extent
that disclosure would compromise |
security.
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(l) Minutes of meetings of public bodies closed to the
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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.
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(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
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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.
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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.
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(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
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pertaining to all logical and physical design of |
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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
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materials exempt under this Section.
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(p) Records relating to collective negotiating matters
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between public bodies and their employees or |
representatives, except that
any final contract or |
agreement shall be subject to inspection and copying.
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(q) Test questions, scoring keys, and other |
examination data used to determine the qualifications of an |
applicant for a license or employment.
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(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 |
under the Eminent Domain Act, records, documents and
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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.
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(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.
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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.
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(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
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institutions or insurance companies, unless disclosure is |
otherwise
required by State law.
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(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
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Electronic Commerce Security Act.
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(v) Vulnerability assessments, security measures, and |
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 |
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mobilization or deployment of personnel or equipment, to |
the
operation of communication systems or protocols, or to |
tactical operations.
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(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.
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(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.
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(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.
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(bb) Records and information provided to a mortality |
review team and records maintained by a mortality review |
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team appointed under the Department of Juvenile Justice |
Mortality Review Team Act. |
(cc) 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) Correspondence and records (i) that may not be |
disclosed under Section 11-9 of the Illinois Public Aid |
Code or (ii) that pertain to appeals under Section 11-8 of |
the Illinois Public Aid Code. |
(ee) The names, addresses, or other personal |
information of persons who are minors and are also |
participants and registrants in programs of park |
districts, forest preserve districts, conservation |
districts, recreation agencies, and special recreation |
associations. |
(ff) The names, addresses, or other personal |
information of participants and registrants in programs of |
park districts, forest preserve districts, conservation |
districts, recreation agencies, and special recreation |
associations where such programs are targeted primarily to |
minors. |
(gg) Confidential information described in Section |
1-100 of the Illinois Independent Tax Tribunal Act of 2012. |
(hh) The report submitted to the State Board of |
Education by the School Security and Standards Task Force |
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under item (8) of subsection (d) of Section 2-3.160 of the |
School Code and any information contained in that report. |
(ii) Records requested by persons committed to or |
detained by the Department of Human Services under the |
Sexually Violent Persons Commitment Act or committed to the |
Department of Corrections under the Sexually Dangerous |
Persons Act if those materials: (i) are available in the |
library of the facility where the individual is confined; |
(ii) include records from staff members' personnel files, |
staff rosters, or other staffing assignment information; |
or (iii) are available through an administrative request to |
the Department of Human Services or the Department of |
Corrections. |
(jj) Confidential information described in Section |
5-535 of the Civil Administrative Code of Illinois. |
(1.5) Any information exempt from disclosure under the |
Judicial Privacy Act shall be redacted from public records |
prior to disclosure under this Act. |
(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 |
