Full Text of HB0483 94th General Assembly
HB0483ham002 94TH GENERAL ASSEMBLY
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Rep. Kevin Joyce
Filed: 3/15/2005
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| AMENDMENT TO HOUSE BILL 483
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| AMENDMENT NO. ______. Amend House Bill 483, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Freedom of Information Act is amended by | 6 |
| changing Sections 2 and 7 as follows:
| 7 |
| (5 ILCS 140/2) (from Ch. 116, par. 202)
| 8 |
| Sec. 2. Definitions. As used in this Act:
| 9 |
| (a) "Public body" means any legislative,
executive, | 10 |
| administrative, or advisory bodies of the State, state | 11 |
| universities
and colleges, counties, townships, cities, | 12 |
| villages, incorporated towns,
school districts and all other | 13 |
| municipal corporations,
boards, bureaus, committees, or | 14 |
| commissions of this State, any
subsidiary
bodies of any of the | 15 |
| foregoing including but not limited to committees and
| 16 |
| subcommittees which are supported in whole or in part by tax | 17 |
| revenue, or
which expend tax revenue, and a School Finance | 18 |
| Authority created under
Article 1E of the School Code.
"Public | 19 |
| body" does not include a child death review team
or the | 20 |
| Illinois Child Death Review Teams
Executive Council
| 21 |
| established under
the Child Death Review Team Act.
| 22 |
| (b) "Person" means any individual, corporation, | 23 |
| partnership, firm,
organization
or association, acting | 24 |
| individually or as a group.
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| (c) "Public records" means all records, reports, forms, | 2 |
| writings, letters,
memoranda, books, papers, maps, | 3 |
| photographs, microfilms, cards, tapes,
recordings,
electronic | 4 |
| data processing records, recorded information and all other
| 5 |
| documentary
materials, regardless of physical form or | 6 |
| characteristics, having been
prepared, or having been or being | 7 |
| used, received, possessed or under the
control
of
any public | 8 |
| body. "Public records" includes, but is expressly not limited
| 9 |
| to: (i) administrative manuals, procedural rules, and | 10 |
| instructions to staff,
unless exempted by Section 7(p) of this | 11 |
| Act; (ii) final opinions and orders
made in the adjudication of | 12 |
| cases, except an educational institution's
adjudication of
| 13 |
| student or employee grievance or disciplinary cases; (iii) | 14 |
| substantive rules;
(iv) statements and
interpretations of | 15 |
| policy which have been adopted by a public body; (v)
final | 16 |
| planning policies, recommendations, and decisions; (vi) | 17 |
| factual reports,
inspection reports, and studies whether | 18 |
| prepared by or for the public body;
(vii) all information in | 19 |
| any account, voucher, or contract dealing with
the receipt or | 20 |
| expenditure of public or other funds of public bodies; (viii)
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| the names, salaries, titles, and dates of employment of all | 22 |
| employees and
officers of public bodies; (ix) materials | 23 |
| containing opinions concerning
the rights of the state, the | 24 |
| public, a subdivision of state or a local
government,
or of any | 25 |
| private persons; (x) the name of every official and the final
| 26 |
| records of voting in all proceedings of public bodies; (xi) | 27 |
| applications
for any contract, permit, grant, or agreement | 28 |
| except as exempted from
disclosure
by subsection (g) of Section | 29 |
| 7 of this Act; (xii) each report, document,
study, or | 30 |
| publication prepared by independent consultants or other | 31 |
| independent
contractors for the public body; (xiii) all other | 32 |
| information required by
law to be made available for public | 33 |
| inspection or copying;
(xiv) information relating to any grant | 34 |
| or contract made by or between a
public body and another public |
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| body or private organization; (xv)
waiver documents filed with | 2 |
| the State Superintendent of Education or the
president of the | 3 |
| University of Illinois under Section 30-12.5 of the School
| 4 |
| Code, concerning nominees for
General Assembly scholarships | 5 |
| under
Sections 30-9, 30-10, and 30-11 of the School Code; (xvi)
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| complaints,
results of complaints, and Department of Children | 7 |
| and Family Services staff
findings of licensing violations at | 8 |
| day care facilities, provided that personal
and identifying | 9 |
| information is not released; and (xvii) records, reports,
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| forms, writings, letters, memoranda, books, papers, and other | 11 |
| documentary
information, regardless of physical form or | 12 |
| characteristics, having been
prepared, or having been or being | 13 |
| used, received, possessed, or under the
control of the Illinois | 14 |
| Sports Facilities Authority dealing with the receipt or
| 15 |
| expenditure of public funds or other funds of the Authority in | 16 |
| connection with
the reconstruction, renovation, remodeling, | 17 |
| extension, or improvement of all or
substantially all of an | 18 |
| existing "facility" as that term is defined in the
Illinois | 19 |
| Sports Facilities Authority Act ; and (xviii) settlement | 20 |
| agreements entered into by or on behalf of a public body, | 21 |
| provided that personal and identifying information is not | 22 |
| released .
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| (d) "Copying" means the reproduction of any public record | 24 |
| by means of any
photographic, electronic, mechanical or other | 25 |
| process, device or means.
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| (e) "Head of the public body" means the president, mayor, | 27 |
| chairman,
presiding
officer, director, superintendent, | 28 |
| manager, supervisor or individual otherwise
holding primary | 29 |
| executive and administrative authority for the public
body, or | 30 |
| such person's duly authorized designee.
| 31 |
| (f) "News media" means a newspaper or other periodical | 32 |
| issued at regular
intervals whether in print or electronic | 33 |
| format, a news service whether
in print or electronic format, a | 34 |
| radio
station, a television station, a television network, a |
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| community
antenna television service, or a person or | 2 |
| corporation engaged in making news
reels or other motion | 3 |
| picture news for public showing.
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| (Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01; | 5 |
| 92-468, eff.
8-22-01; 92-547, eff. 6-13-02; 92-651, eff. | 6 |
| 7-11-02.)
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| (5 ILCS 140/7) (from Ch. 116, par. 207)
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| Sec. 7. Exemptions.
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| (1) The following shall be exempt from inspection and | 10 |
| copying:
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| (a) Information specifically prohibited from | 12 |
| disclosure by federal or
State law or rules and regulations | 13 |
| adopted under federal or State law.
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| (b) Information that, if disclosed, would constitute a | 15 |
| clearly
unwarranted invasion of personal privacy, unless | 16 |
| the disclosure is
consented to in writing by the individual | 17 |
| subjects of the information. The
disclosure of information | 18 |
| that bears on the public duties of public
employees and | 19 |
| officials shall not be considered an invasion of personal
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| privacy. Information exempted under this subsection (b) | 21 |
| shall include but
is not limited to:
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| (i) files and personal information maintained with | 23 |
| respect to
clients, patients, residents, students or | 24 |
| other individuals receiving
social, medical, | 25 |
| educational, vocational, financial, supervisory or
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| custodial care or services directly or indirectly from | 27 |
| federal agencies
or public bodies;
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| (ii) personnel files and personal information | 29 |
| maintained with
respect to employees, appointees or | 30 |
| elected officials of any public body or
applicants for | 31 |
| those positions;
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| (iii) files and personal information maintained | 33 |
| with respect to any
applicant, registrant or licensee |
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| by any public body cooperating with or
engaged in | 2 |
| professional or occupational registration, licensure | 3 |
| or discipline;
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| (iv) information required of any taxpayer in | 5 |
| connection with the
assessment or collection of any tax | 6 |
| unless disclosure is otherwise required
by State | 7 |
| statute;
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| (v) information revealing the identity of persons | 9 |
| who file complaints
with or provide information to | 10 |
| administrative, investigative, law enforcement
or | 11 |
| penal agencies; provided, however, that identification | 12 |
| of witnesses to
traffic accidents, traffic accident | 13 |
| reports, and rescue reports may be provided
by agencies | 14 |
| of local government, except in a case for which a | 15 |
| criminal
investigation is ongoing, without | 16 |
| constituting a clearly unwarranted per se
invasion of | 17 |
| personal privacy under this subsection; and
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| (vi) the names, addresses, or other personal | 19 |
| information of
participants and registrants in park | 20 |
| district, forest preserve district, and
conservation | 21 |
| district programs.
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| (c) Records compiled by any public body for | 23 |
| administrative enforcement
proceedings and any law | 24 |
| enforcement or correctional agency for
law enforcement | 25 |
| purposes or for internal matters of a public body,
but only | 26 |
| to the extent that disclosure would:
| 27 |
| (i) interfere with pending or actually and | 28 |
| reasonably contemplated
law enforcement proceedings | 29 |
| conducted by any law enforcement or correctional
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| agency;
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| (ii) interfere with pending administrative | 32 |
| enforcement proceedings
conducted by any public body;
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| (iii) deprive a person of a fair trial or an | 34 |
| impartial hearing;
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| (iv) unavoidably disclose the identity of a | 2 |
| confidential source or
confidential information | 3 |
| furnished only by the confidential source;
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| (v) disclose unique or specialized investigative | 5 |
| techniques other than
those generally used and known or | 6 |
| disclose internal documents of
correctional agencies | 7 |
| related to detection, observation or investigation of
| 8 |
| incidents of crime or misconduct;
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| (vi) constitute an invasion of personal privacy | 10 |
| under subsection (b) of
this Section;
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| (vii) endanger the life or physical safety of law | 12 |
| enforcement personnel
or any other person; or
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| (viii) obstruct an ongoing criminal investigation.
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| (d) Criminal history record information maintained by | 15 |
| State or local
criminal justice agencies, except the | 16 |
| following which shall be open for
public inspection and | 17 |
| copying:
| 18 |
| (i) chronologically maintained arrest information, | 19 |
| such as traditional
arrest logs or blotters;
| 20 |
| (ii) the name of a person in the custody of a law | 21 |
| enforcement agency and
the charges for which that | 22 |
| person is being held;
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| (iii) court records that are public;
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| (iv) records that are otherwise available under | 25 |
| State or local law; or
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| (v) records in which the requesting party is the | 27 |
| individual
identified, except as provided under part | 28 |
| (vii) of
paragraph (c) of subsection (1) of this | 29 |
| Section.
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| "Criminal history record information" means data | 31 |
| identifiable to an
individual and consisting of | 32 |
| descriptions or notations of arrests,
detentions, | 33 |
| indictments, informations, pre-trial proceedings, trials, | 34 |
| or
other formal events in the criminal justice system or |
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| descriptions or
notations of criminal charges (including | 2 |
| criminal violations of local
municipal ordinances) and the | 3 |
| nature of any disposition arising therefrom,
including | 4 |
| sentencing, court or correctional supervision, | 5 |
| rehabilitation and
release. The term does not apply to | 6 |
| statistical records and reports in
which individuals are | 7 |
| not identified and from which
their identities are not | 8 |
| ascertainable, or to information that is for
criminal | 9 |
| investigative or intelligence purposes.
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| (e) Records that relate to or affect the security of | 11 |
| correctional
institutions and detention facilities.
| 12 |
| (f) Preliminary drafts, notes, recommendations, | 13 |
| memoranda and other
records in which opinions are | 14 |
| expressed, or policies or actions are
formulated, except | 15 |
| that a specific record or relevant portion of a
record | 16 |
| shall not be exempt when the record is publicly cited
and | 17 |
| identified by the head of the public body. The exemption | 18 |
| provided in
this paragraph (f) extends to all those records | 19 |
| of officers and agencies
of the General Assembly that | 20 |
| pertain to the preparation of legislative
documents.
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| (g) Trade secrets and commercial or financial | 22 |
| information obtained from
a person or business where the | 23 |
| trade secrets or information are
proprietary, privileged | 24 |
| or confidential, and if such
or where disclosure of the | 25 |
| trade
secrets or information may cause competitive harm, | 26 |
| including all
information determined to be confidential | 27 |
| under Section 4002 of the
Technology Advancement and | 28 |
| Development Act. Nothing contained in this
paragraph (g) | 29 |
| shall be construed to prevent a person or business from
| 30 |
| consenting to disclosure.
| 31 |
| (h) Proposals and bids for any contract, grant, or | 32 |
| agreement, including
information which if it were | 33 |
| disclosed would frustrate procurement or give
an advantage | 34 |
| to any person proposing to enter into a contractor |
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| agreement
with the body, until an award or final selection | 2 |
| is made. Information
prepared by or for the body in | 3 |
| preparation of a bid solicitation shall be
exempt until an | 4 |
| award or final selection is made.
| 5 |
| (i) Valuable formulae,
computer geographic systems,
| 6 |
| designs, drawings and research data obtained or
produced by | 7 |
| any public body when disclosure could reasonably be | 8 |
| expected to
produce private gain or public loss.
The | 9 |
| exemption for "computer geographic systems" provided in | 10 |
| this paragraph
(i) does not extend to requests made by news | 11 |
| media as defined in Section 2 of
this Act when the | 12 |
| requested information is not otherwise exempt and the only
| 13 |
| purpose of the request is to access and disseminate | 14 |
| information regarding the
health, safety, welfare, or | 15 |
| legal rights of the general public.
| 16 |
| (j) Test questions, scoring keys and other examination | 17 |
| data used to
administer an academic examination or | 18 |
| determined the qualifications of an
applicant for a license | 19 |
| or employment.
| 20 |
| (k) Architects' plans, engineers' technical | 21 |
| submissions, and
other
construction related technical | 22 |
| documents for
projects not constructed or developed in | 23 |
| whole or in part with public funds
and the same for | 24 |
| projects constructed or developed with public funds, but
| 25 |
| only to the extent
that disclosure would compromise | 26 |
| security, including but not limited to water
treatment | 27 |
| facilities, airport facilities, sport stadiums, convention | 28 |
| centers,
and all government owned, operated, or occupied | 29 |
| buildings.
| 30 |
| (l) Library circulation and order records identifying | 31 |
| library users with
specific materials.
| 32 |
| (m) Minutes of meetings of public bodies closed to the
| 33 |
| public as provided in the Open Meetings Act until the | 34 |
| public body
makes the minutes available to the public under |
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| Section 2.06 of the Open
Meetings Act.
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| (n) Communications between a public body and an | 3 |
| attorney or auditor
representing the public body that would | 4 |
| not be subject to discovery in
litigation, and materials | 5 |
| prepared or compiled by or for a public body in
| 6 |
| anticipation of a criminal, civil or administrative | 7 |
| proceeding upon the
request of an attorney advising the | 8 |
| public body, and materials prepared or
compiled with | 9 |
| respect to internal audits of public bodies.
| 10 |
| (o) Information received by a primary or secondary | 11 |
| school, college or
university under its procedures for the | 12 |
| evaluation of faculty members by
their academic peers.
| 13 |
| (p) Administrative or technical information associated | 14 |
| with automated
data processing operations, including but | 15 |
| not limited to software,
operating protocols, computer | 16 |
| program abstracts, file layouts, source
listings, object | 17 |
| modules, load modules, user guides, documentation
| 18 |
| pertaining to all logical and physical design of | 19 |
| computerized systems,
employee manuals, and any other | 20 |
| information that, if disclosed, would
jeopardize the | 21 |
| security of the system or its data or the security of
| 22 |
| materials exempt under this Section.
| 23 |
| (q) Documents or materials relating to collective | 24 |
| negotiating matters
between public bodies and their | 25 |
| employees or representatives, except that
any final | 26 |
| contract or agreement shall be subject to inspection and | 27 |
| copying.
| 28 |
| (r) Drafts, notes, recommendations and memoranda | 29 |
| pertaining to the
financing and marketing transactions of | 30 |
| the public body. The records of
ownership, registration, | 31 |
| transfer, and exchange of municipal debt
obligations, and | 32 |
| of persons to whom payment with respect to these | 33 |
| obligations
is made.
| 34 |
| (s) The records, documents and information relating to |
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| real estate
purchase negotiations until those negotiations | 2 |
| have been completed or
otherwise terminated. With regard to | 3 |
| a parcel involved in a pending or
actually and reasonably | 4 |
| contemplated eminent domain proceeding under
Article VII | 5 |
| of the Code of Civil Procedure, records, documents and
| 6 |
| information relating to that parcel shall be exempt except | 7 |
| as may be
allowed under discovery rules adopted by the | 8 |
| Illinois Supreme Court. The
records, documents and | 9 |
| information relating to a real estate sale shall be
exempt | 10 |
| until a sale is consummated.
| 11 |
| (t) Any and all proprietary information and records | 12 |
| related to the
operation of an intergovernmental risk | 13 |
| management association or
self-insurance pool or jointly | 14 |
| self-administered health and accident
cooperative or pool.
| 15 |
| (u) Information concerning a university's adjudication | 16 |
| of student or
employee grievance or disciplinary cases, to | 17 |
| the extent that disclosure
would reveal the identity of the | 18 |
| student or employee and information
concerning any public | 19 |
| body's adjudication of student or employee grievances
or | 20 |
| disciplinary cases, except for the final outcome of the | 21 |
| cases.
| 22 |
| (v) Course materials or research materials used by | 23 |
| faculty members.
| 24 |
| (w) Information related solely to the internal | 25 |
| personnel rules and
practices of a public body.
| 26 |
| (x) Information contained in or related to | 27 |
| examination, operating, or
condition reports prepared by, | 28 |
| on behalf of, or for the use of a public
body responsible | 29 |
| for the regulation or supervision of financial
| 30 |
| institutions or insurance companies, unless disclosure is | 31 |
| otherwise
required by State law.
| 32 |
| (y) Information the disclosure of which is restricted | 33 |
| under Section
5-108 of the Public Utilities Act.
| 34 |
| (z) Manuals or instruction to staff that relate to |
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| establishment or
collection of liability for any State tax | 2 |
| or that relate to investigations
by a public body to | 3 |
| determine violation of any criminal law.
| 4 |
| (aa) Applications, related documents, and medical | 5 |
| records received by
the Experimental Organ Transplantation | 6 |
| Procedures Board and any and all
documents or other records | 7 |
| prepared by the Experimental Organ
Transplantation | 8 |
| Procedures Board or its staff relating to applications
it | 9 |
| has received.
| 10 |
| (bb) Insurance or self insurance (including any | 11 |
| intergovernmental risk
management association or self | 12 |
| insurance pool) claims, loss or risk
management | 13 |
| information, records, data, advice or communications.
| 14 |
| (cc) Information and records held by the Department of | 15 |
| Public Health and
its authorized representatives relating | 16 |
| to known or suspected cases of
sexually transmissible | 17 |
| disease or any information the disclosure of which
is | 18 |
| restricted under the Illinois Sexually Transmissible | 19 |
| Disease Control Act.
| 20 |
| (dd) Information the disclosure of which is exempted | 21 |
| under Section 30
of the Radon Industry Licensing Act.
| 22 |
| (ee) Firm performance evaluations under Section 55 of | 23 |
| the
Architectural, Engineering, and Land Surveying | 24 |
| Qualifications Based
Selection Act.
| 25 |
| (ff) Security portions of system safety program plans, | 26 |
| investigation
reports, surveys, schedules, lists, data, or | 27 |
| information compiled, collected,
or prepared by or for the | 28 |
| Regional Transportation Authority under Section 2.11
of | 29 |
| the Regional Transportation Authority Act or the St. Clair | 30 |
| County Transit
District under the
Bi-State Transit Safety | 31 |
| Act.
| 32 |
| (gg) Information the disclosure of which is restricted | 33 |
| and
exempted under Section 50 of the Illinois Prepaid | 34 |
| Tuition Act.
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| (hh) Information the disclosure of which is
exempted | 2 |
| under the State Officials and Employees Ethics Act.
| 3 |
| (ii) Beginning July 1, 1999, information that would | 4 |
| disclose
or might lead to the disclosure of
secret or | 5 |
| confidential information, codes, algorithms, programs, or | 6 |
| private
keys intended to be used to create electronic or | 7 |
| digital signatures under the
Electronic Commerce Security | 8 |
| Act.
| 9 |
| (jj) Information contained in a local emergency energy | 10 |
| plan submitted to
a municipality in accordance with a local | 11 |
| emergency energy plan ordinance that
is adopted under | 12 |
| Section 11-21.5-5 of the Illinois Municipal Code.
| 13 |
| (kk) Information and data concerning the distribution | 14 |
| of
surcharge moneys collected and remitted by wireless | 15 |
| carriers under the Wireless
Emergency Telephone Safety | 16 |
| Act.
| 17 |
| (ll) Vulnerability assessments, security measures, and | 18 |
| response policies
or plans that are designed to identify, | 19 |
| prevent, or respond to potential
attacks upon a community's | 20 |
| population or systems, facilities, or installations,
the | 21 |
| destruction or contamination of which would constitute a | 22 |
| clear and present
danger to the health or safety of the | 23 |
| community, but only to the extent that
disclosure could | 24 |
| reasonably be expected to jeopardize the effectiveness of | 25 |
| the
measures or the safety of the personnel who implement | 26 |
| them or the public.
Information exempt under this item may | 27 |
| include such things as details
pertaining to the | 28 |
| mobilization or deployment of personnel or equipment, to | 29 |
| the
operation of communication systems or protocols, or to | 30 |
| tactical operations.
| 31 |
| (mm) Maps and other records regarding the location or | 32 |
| security of a
utility's generation, transmission, | 33 |
| distribution, storage, gathering,
treatment, or switching | 34 |
| facilities.
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| (nn) Law enforcement officer identification | 2 |
| information or
driver
identification
information compiled | 3 |
| by a law enforcement agency or the Department of
| 4 |
| Transportation
under Section 11-212 of the Illinois | 5 |
| Vehicle Code.
| 6 |
| (oo) Records and information provided to a residential
| 7 |
| health care
facility resident sexual assault
and death | 8 |
| review team or the Residential Health Care Facility | 9 |
| Resident Sexual
Assault and Death Review Teams Executive | 10 |
| Council under the Residential Health
Care Facility | 11 |
| Resident Sexual Assault and Death Review Team Act.
| 12 |
| (2) This Section does not authorize withholding of | 13 |
| information or limit the
availability of records to the public, | 14 |
| except as stated in this Section or
otherwise provided in this | 15 |
| Act.
| 16 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281, | 17 |
| eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43, | 18 |
| eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03; | 19 |
| 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff. | 20 |
| 8-21-03; 93-617, eff. 12-9-03.)".
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