093_HB0305
LRB093 03731 JAM 03761 b
1 AN ACT concerning security information.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Open Meetings Act is amended by changing
5 Section 2 as follows:
6 (5 ILCS 120/2) (from Ch. 102, par. 42)
7 Sec. 2. Open meetings.
8 (a) Openness required. All meetings of public bodies
9 shall be open to the public unless excepted in subsection (c)
10 and closed in accordance with Section 2a.
11 (b) Construction of exceptions. The exceptions
12 contained in subsection (c) are in derogation of the
13 requirement that public bodies meet in the open, and
14 therefore, the exceptions are to be strictly construed,
15 extending only to subjects clearly within their scope. The
16 exceptions authorize but do not require the holding of a
17 closed meeting to discuss a subject included within an
18 enumerated exception.
19 (c) Exceptions. A public body may hold closed meetings
20 to consider the following subjects:
21 (1) The appointment, employment, compensation,
22 discipline, performance, or dismissal of specific
23 employees of the public body, including hearing testimony
24 on a complaint lodged against an employee to determine
25 its validity.
26 (2) Collective negotiating matters between the
27 public body and its employees or their representatives,
28 or deliberations concerning salary schedules for one or
29 more classes of employees.
30 (3) The selection of a person to fill a public
31 office, as defined in this Act, including a vacancy in a
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1 public office, when the public body is given power to
2 appoint under law or ordinance, or the discipline,
3 performance or removal of the occupant of a public
4 office, when the public body is given power to remove the
5 occupant under law or ordinance.
6 (4) Evidence or testimony presented in open
7 hearing, or in closed hearing where specifically
8 authorized by law, to a quasi-adjudicative body, as
9 defined in this Act, provided that the body prepares and
10 makes available for public inspection a written decision
11 setting forth its determinative reasoning.
12 (5) The purchase or lease of real property for the
13 use of the public body, including meetings held for the
14 purpose of discussing whether a particular parcel should
15 be acquired.
16 (6) The setting of a price for sale or lease of
17 property owned by the public body.
18 (7) The sale or purchase of securities,
19 investments, or investment contracts.
20 (8) Security procedures and the use of personnel
21 and equipment to respond to an actual, a threatened, or a
22 reasonably potential danger to the safety of employees,
23 students, staff or public property.
24 (9) Student disciplinary cases.
25 (10) The placement of individual students in
26 special education programs and other matters relating to
27 individual students.
28 (11) Litigation, when an action against, affecting
29 or on behalf of the particular public body has been filed
30 and is pending before a court or administrative tribunal,
31 or when the public body finds that an action is probable
32 or imminent, in which case the basis for the finding
33 shall be recorded and entered into the minutes of the
34 closed meeting.
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1 (12) The establishment of reserves or settlement of
2 claims as provided in the Local Governmental and
3 Governmental Employees Tort Immunity Act, if otherwise
4 the disposition of a claim or potential claim might be
5 prejudiced, or the review or discussion of claims, loss
6 or risk management information, records, data, advice or
7 communications from or with respect to any insurer of the
8 public body or any intergovernmental risk management
9 association or self insurance pool of which the public
10 body is a member.
11 (13) Conciliation of complaints of discrimination
12 in the sale or rental of housing, when closed meetings
13 are authorized by the law or ordinance prescribing fair
14 housing practices and creating a commission or
15 administrative agency for their enforcement.
16 (14) Informant sources, the hiring or assignment of
17 undercover personnel or equipment, or ongoing, prior or
18 future criminal investigations, when discussed by a
19 public body with criminal investigatory responsibilities.
20 (15) Professional ethics or performance when
21 considered by an advisory body appointed to advise a
22 licensing or regulatory agency on matters germane to the
23 advisory body's field of competence.
24 (16) Self evaluation, practices and procedures or
25 professional ethics, when meeting with a representative
26 of a statewide association of which the public body is a
27 member.
28 (17) The recruitment, credentialing, discipline or
29 formal peer review of physicians or other health care
30 professionals for a hospital, or other institution
31 providing medical care, that is operated by the public
32 body.
33 (18) Deliberations for decisions of the Prisoner
34 Review Board.
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1 (19) Review or discussion of applications received
2 under the Experimental Organ Transplantation Procedures
3 Act.
4 (20) The classification and discussion of matters
5 classified as confidential or continued confidential by
6 the State Employees Suggestion Award Board.
7 (21) Discussion of minutes of meetings lawfully
8 closed under this Act, whether for purposes of approval
9 by the body of the minutes or semi-annual review of the
10 minutes as mandated by Section 2.06.
11 (22) Deliberations for decisions of the State
12 Emergency Medical Services Disciplinary Review Board.
13 (23) The operation by a municipality of a municipal
14 utility or the operation of a municipal power agency or
15 municipal natural gas agency when the discussion involves
16 (i) contracts relating to the purchase, sale, or delivery
17 of electricity or natural gas or (ii) the results or
18 conclusions of load forecast studies.
19 (24) Dangers to the safety of the public, including
20 discussion of and the planning of procedures and use of
21 personnel and equipment to prevent or respond to an
22 actual, threatened, or reasonably potential danger to the
23 safety of the public or to public property.
24 (d) Definitions. For purposes of this Section:
25 "Employee" means a person employed by a public body whose
26 relationship with the public body constitutes an
27 employer-employee relationship under the usual common law
28 rules, and who is not an independent contractor.
29 "Public office" means a position created by or under the
30 Constitution or laws of this State, the occupant of which is
31 charged with the exercise of some portion of the sovereign
32 power of this State. The term "public office" shall include
33 members of the public body, but it shall not include
34 organizational positions filled by members thereof, whether
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1 established by law or by a public body itself, that exist to
2 assist the body in the conduct of its business.
3 "Quasi-adjudicative body" means an administrative body
4 charged by law or ordinance with the responsibility to
5 conduct hearings, receive evidence or testimony and make
6 determinations based thereon, but does not include local
7 electoral boards when such bodies are considering petition
8 challenges.
9 (e) Final action. No final action may be taken at a
10 closed meeting. Final action shall be preceded by a public
11 recital of the nature of the matter being considered and
12 other information that will inform the public of the business
13 being conducted.
14 (Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.)
15 Section 10. The Freedom of Information Act is amended by
16 changing Section 7 as follows:
17 (5 ILCS 140/7) (from Ch. 116, par. 207)
18 Sec. 7. Exemptions.
19 (1) The following shall be exempt from inspection and
20 copying:
21 (a) Information specifically prohibited from
22 disclosure by federal or State law or rules and
23 regulations adopted under federal or State law.
24 (b) Information that, if disclosed, would
25 constitute a clearly unwarranted invasion of personal
26 privacy, unless the disclosure is consented to in writing
27 by the individual subjects of the information. The
28 disclosure of information that bears on the public duties
29 of public employees and officials shall not be considered
30 an invasion of personal privacy. Information exempted
31 under this subsection (b) shall include but is not
32 limited to:
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1 (i) files and personal information maintained
2 with respect to clients, patients, residents,
3 students or other individuals receiving social,
4 medical, educational, vocational, financial,
5 supervisory or custodial care or services directly
6 or indirectly from federal agencies or public
7 bodies;
8 (ii) personnel files and personal information
9 maintained with respect to employees, appointees or
10 elected officials of any public body or applicants
11 for those positions;
12 (iii) files and personal information
13 maintained with respect to any applicant, registrant
14 or licensee by any public body cooperating with or
15 engaged in professional or occupational
16 registration, licensure or discipline;
17 (iv) information required of any taxpayer in
18 connection with the assessment or collection of any
19 tax unless disclosure is otherwise required by State
20 statute; and
21 (v) information revealing the identity of
22 persons who file complaints with or provide
23 information to administrative, investigative, law
24 enforcement or penal agencies; provided, however,
25 that identification of witnesses to traffic
26 accidents, traffic accident reports, and rescue
27 reports may be provided by agencies of local
28 government, except in a case for which a criminal
29 investigation is ongoing, without constituting a
30 clearly unwarranted per se invasion of personal
31 privacy under this subsection.
32 (c) Records compiled (A) by any public body for
33 administrative enforcement proceedings and any law
34 enforcement or correctional agency for law enforcement
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1 purposes or for internal matters of a public body,and
2 (B) by any public body for emergency management plans,
3 vulnerability or risk assessments, and security
4 procedures for disaster preparedness, response, and
5 recovery within the political subdivisions of the State,
6 including the use of personnel and equipment to respond
7 to an actual, threatened, or reasonably potential danger
8 to the safety of the public and public property, but only
9 to the extent that disclosure would:
10 (i) interfere with pending or actually and
11 reasonably contemplated law enforcement proceedings
12 conducted by any law enforcement or correctional
13 agency;
14 (ii) interfere with pending administrative
15 enforcement proceedings conducted by any public
16 body;
17 (iii) deprive a person of a fair trial or an
18 impartial hearing;
19 (iv) unavoidably disclose the identity of a
20 confidential source or confidential information
21 furnished only by the confidential source;
22 (v) disclose unique or specialized
23 investigative techniques other than those generally
24 used and known or disclose internal documents of
25 correctional agencies related to detection,
26 observation or investigation of incidents of crime
27 or misconduct;
28 (vi) constitute an invasion of personal
29 privacy under subsection (b) of this Section;
30 (vii) endanger the life or physical safety of
31 law enforcement personnel or any other person; or
32 (viii) obstruct an ongoing criminal
33 investigation; or.
34 (ix) interfere with the planning, preparation,
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1 and training procedures for emergency and disaster
2 preparedness, response, and recovery and the safety of
3 the emergency response personnel, the public, and public
4 property.
5 (d) Criminal history record information maintained
6 by State or local criminal justice agencies, except the
7 following which shall be open for public inspection and
8 copying:
9 (i) chronologically maintained arrest
10 information, such as traditional arrest logs or
11 blotters;
12 (ii) the name of a person in the custody of a
13 law enforcement agency and the charges for which
14 that person is being held;
15 (iii) court records that are public;
16 (iv) records that are otherwise available
17 under State or local law; or
18 (v) records in which the requesting party is
19 the individual identified, except as provided under
20 part (vii) of paragraph (c) of subsection (1) of
21 this Section.
22 "Criminal history record information" means data
23 identifiable to an individual and consisting of
24 descriptions or notations of arrests, detentions,
25 indictments, informations, pre-trial proceedings, trials,
26 or other formal events in the criminal justice system or
27 descriptions or notations of criminal charges (including
28 criminal violations of local municipal ordinances) and
29 the nature of any disposition arising therefrom,
30 including sentencing, court or correctional supervision,
31 rehabilitation and release. The term does not apply to
32 statistical records and reports in which individuals are
33 not identified and from which their identities are not
34 ascertainable, or to information that is for criminal
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1 investigative or intelligence purposes.
2 (e) Records that relate to or affect the security
3 of correctional institutions and detention facilities.
4 (f) Preliminary drafts, notes, recommendations,
5 memoranda and other records in which opinions are
6 expressed, or policies or actions are formulated, except
7 that a specific record or relevant portion of a record
8 shall not be exempt when the record is publicly cited and
9 identified by the head of the public body. The exemption
10 provided in this paragraph (f) extends to all those
11 records of officers and agencies of the General Assembly
12 that pertain to the preparation of legislative documents.
13 (g) Trade secrets and commercial or financial
14 information obtained from a person or business where the
15 trade secrets or information are proprietary, privileged
16 or confidential, or where disclosure of the trade secrets
17 or information may cause competitive harm, including all
18 information determined to be confidential under Section
19 4002 of the Technology Advancement and Development Act.
20 Nothing contained in this paragraph (g) shall be
21 construed to prevent a person or business from consenting
22 to disclosure.
23 (h) Proposals and bids for any contract, grant, or
24 agreement, including information which if it were
25 disclosed would frustrate procurement or give an
26 advantage to any person proposing to enter into a
27 contractor agreement with the body, until an award or
28 final selection is made. Information prepared by or for
29 the body in preparation of a bid solicitation shall be
30 exempt until an award or final selection is made.
31 (i) Valuable formulae, computer geographic systems,
32 designs, drawings and research data obtained or produced
33 by any public body when disclosure could reasonably be
34 expected to produce private gain or public loss.
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1 (j) Test questions, scoring keys and other
2 examination data used to administer an academic
3 examination or determined the qualifications of an
4 applicant for a license or employment.
5 (k) Architects' plans and engineers' technical
6 submissions for projects not constructed or developed in
7 whole or in part with public funds and for projects
8 constructed or developed with public funds, to the extent
9 that disclosure would compromise security.
10 (l) Library circulation and order records
11 identifying library users with specific materials.
12 (m) Minutes of meetings of public bodies closed to
13 the public as provided in the Open Meetings Act until the
14 public body makes the minutes available to the public
15 under Section 2.06 of the Open Meetings Act.
16 (n) Communications between a public body and an
17 attorney or auditor representing the public body that
18 would not be subject to discovery in litigation, and
19 materials prepared or compiled by or for a public body in
20 anticipation of a criminal, civil or administrative
21 proceeding upon the request of an attorney advising the
22 public body, and materials prepared or compiled with
23 respect to internal audits of public bodies.
24 (o) Information received by a primary or secondary
25 school, college or university under its procedures for
26 the evaluation of faculty members by their academic
27 peers.
28 (p) Administrative or technical information
29 associated with automated data processing operations,
30 including but not limited to software, operating
31 protocols, computer program abstracts, file layouts,
32 source listings, object modules, load modules, user
33 guides, documentation pertaining to all logical and
34 physical design of computerized systems, employee
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1 manuals, and any other information that, if disclosed,
2 would jeopardize the security of the system or its data
3 or the security of materials exempt under this Section.
4 (q) Documents or materials relating to collective
5 negotiating matters between public bodies and their
6 employees or representatives, except that any final
7 contract or agreement shall be subject to inspection and
8 copying.
9 (r) Drafts, notes, recommendations and memoranda
10 pertaining to the financing and marketing transactions of
11 the public body. The records of ownership, registration,
12 transfer, and exchange of municipal debt obligations, and
13 of persons to whom payment with respect to these
14 obligations is made.
15 (s) The records, documents and information relating
16 to real estate purchase negotiations until those
17 negotiations have been completed or otherwise terminated.
18 With regard to a parcel involved in a pending or actually
19 and reasonably contemplated eminent domain proceeding
20 under Article VII of the Code of Civil Procedure,
21 records, documents and information relating to that
22 parcel shall be exempt except as may be allowed under
23 discovery rules adopted by the Illinois Supreme Court.
24 The records, documents and information relating to a real
25 estate sale shall be exempt until a sale is consummated.
26 (t) Any and all proprietary information and records
27 related to the operation of an intergovernmental risk
28 management association or self-insurance pool or jointly
29 self-administered health and accident cooperative or
30 pool.
31 (u) Information concerning a university's
32 adjudication of student or employee grievance or
33 disciplinary cases, to the extent that disclosure would
34 reveal the identity of the student or employee and
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1 information concerning any public body's adjudication of
2 student or employee grievances or disciplinary cases,
3 except for the final outcome of the cases.
4 (v) Course materials or research materials used by
5 faculty members.
6 (w) Information related solely to the internal
7 personnel rules and practices of a public body.
8 (x) Information contained in or related to
9 examination, operating, or condition reports prepared by,
10 on behalf of, or for the use of a public body responsible
11 for the regulation or supervision of financial
12 institutions or insurance companies, unless disclosure is
13 otherwise required by State law.
14 (y) Information the disclosure of which is
15 restricted under Section 5-108 of the Public Utilities
16 Act.
17 (z) Manuals or instruction to staff that relate to
18 establishment or collection of liability for any State
19 tax or that relate to investigations by a public body to
20 determine violation of any criminal law.
21 (aa) Applications, related documents, and medical
22 records received by the Experimental Organ
23 Transplantation Procedures Board and any and all
24 documents or other records prepared by the Experimental
25 Organ Transplantation Procedures Board or its staff
26 relating to applications it has received.
27 (bb) Insurance or self insurance (including any
28 intergovernmental risk management association or self
29 insurance pool) claims, loss or risk management
30 information, records, data, advice or communications.
31 (cc) Information and records held by the Department
32 of Public Health and its authorized representatives
33 relating to known or suspected cases of sexually
34 transmissible disease or any information the disclosure
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1 of which is restricted under the Illinois Sexually
2 Transmissible Disease Control Act.
3 (dd) Information the disclosure of which is
4 exempted under Section 30 of the Radon Industry Licensing
5 Act.
6 (ee) Firm performance evaluations under Section 55
7 of the Architectural, Engineering, and Land Surveying
8 Qualifications Based Selection Act.
9 (ff) Security portions of system safety program
10 plans, investigation reports, surveys, schedules, lists,
11 data, or information compiled, collected, or prepared by
12 or for the Regional Transportation Authority under
13 Section 2.11 of the Regional Transportation Authority Act
14 or the St. Clair County Transit District under the
15 Bi-State Transit Safety Act.
16 (gg) Information the disclosure of which is
17 restricted and exempted under Section 50 of the Illinois
18 Prepaid Tuition Act.
19 (hh) Information the disclosure of which is
20 exempted under Section 80 of the State Gift Ban Act.
21 (ii) Beginning July 1, 1999, information that would
22 disclose or might lead to the disclosure of secret or
23 confidential information, codes, algorithms, programs, or
24 private keys intended to be used to create electronic or
25 digital signatures under the Electronic Commerce Security
26 Act.
27 (jj) Information contained in a local emergency
28 energy plan submitted to a municipality in accordance
29 with a local emergency energy plan ordinance that is
30 adopted under Section 11-21.5-5 of the Illinois Municipal
31 Code.
32 (kk) Information and data concerning the
33 distribution of surcharge moneys collected and remitted
34 by wireless carriers under the Wireless Emergency
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1 Telephone Safety Act.
2 (ll) Information that, if disclosed, may compromise
3 the security of public or private property, personnel, or
4 facilities or emergency or disaster planning, response,
5 or recovery.
6 (2) This Section does not authorize withholding of
7 information or limit the availability of records to the
8 public, except as stated in this Section or otherwise
9 provided in this Act.
10 (Source: P.A. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99;
11 91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff.
12 8-3-01; 92-281, eff. 8-7-01; 92-645, eff. 7-11-02; 92-651,
13 eff. 7-11-02.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.