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Public Act 095-0988 |
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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 Illinois Notary Public Act is amended by | ||||
changing Sections 3-101, 3-102, 3-104, and 6-102 as follows:
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(5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
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Sec. 3-101. Official Seal and Signature . | ||||
(a) Each notary public shall, upon receiving the commission | ||||
from the county
clerk, obtain an official rubber stamp seal | ||||
with which the notary shall
authenticate his official acts. The | ||||
rubber stamp seal shall contain the
following information:
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(1)
(a) the words "Official Seal";
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(2)
(b) the notary's official name;
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(3)
(c) the words "Notary Public", "State of Illinois", | ||||
and "My commission
expires____________(commission | ||||
expiration date)"; and
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(4)
(d) a serrated or milled edge border in a | ||||
rectangular form not more than
one inch in height by two | ||||
and one-half inches in length surrounding the information.
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(b) At the time of the notarial act, a notary public shall | ||||
officially sign every notary certificate and affix the rubber | ||||
stamp seal clearly and legibly using black ink, so that it is | ||||
capable of photographic reproduction. The illegibility of any |
of the information required by this Section does not affect the | ||
validity of a transaction.
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This subsection does not apply on or after July 1, 2013.
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(Source: P.A. 84-322.)
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(5 ILCS 312/3-102) (from Ch. 102, par. 203-102)
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Sec. 3-102. Notarial Record; Residential Real Property | ||
Transactions
Official Signature . | ||
(a) This Section shall apply to every notarial act in | ||
Illinois involving a document of conveyance that transfers or | ||
purports to transfer title to residential real property located | ||
in Cook County. | ||
(b) As used in this Section, the following terms shall have | ||
the meanings ascribed to them: | ||
(1) "Document of Conveyance" shall mean a written | ||
instrument that transfers or purports to transfer title | ||
effecting a change in ownership to Residential Real | ||
Property, excluding: | ||
(i) court-ordered and court-authorized conveyances | ||
of Residential Real Property, including without | ||
limitation, quit-claim deeds executed pursuant to a | ||
marital settlement agreement incorporated into a | ||
judgment of dissolution of marriage, and transfers in | ||
the administration of a probate estate; | ||
(ii) judicial sale deeds relating to Residential | ||
Real Property, including without limitation, sale |
deeds issued pursuant to proceedings to foreclose a | ||
mortgage or execute on a levy to enforce a judgment; | ||
(iii) deeds transferring ownership of Residential | ||
Real Property to a trust where the beneficiary is also | ||
the grantor; | ||
(iv) deeds from grantors to themselves that are | ||
intended to change the nature or type of tenancy by | ||
which they own Residential Real Property; | ||
(v) deeds from a grantor to the grantor and another | ||
natural person that are intended to establish a tenancy | ||
by which the grantor and the other natural person own | ||
Residential Real Property; | ||
(vi) deeds executed to the mortgagee in lieu of | ||
foreclosure of a mortgage; and | ||
(vii) deeds transferring ownership to a revocable | ||
or irrevocable grantor trust where the beneficiary | ||
includes the grantor. | ||
(2) "Financial Institution" shall mean a State or | ||
federally chartered bank, savings and loan association, | ||
savings bank, or credit union.
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(3) "Notarial Record" shall mean the written document | ||
created in conformity with this Section by a notary in | ||
connection with Documents of Conveyance. | ||
(4) "Residential Real Property" shall mean a building | ||
or buildings located in Cook County, Illinois and | ||
containing one to 4 dwelling units or an individual |
residential condominium unit. | ||
(5) "Title Insurance Agent" shall have the meaning | ||
ascribed to it under the Title Insurance Act.
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(6) "Title Insurance Company" shall have the meaning | ||
ascribed to it under the Title Insurance Act.
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(c) A notary appointed and commissioned as a notary in | ||
Illinois shall, in addition to compliance with other provisions | ||
of this Act, create a Notarial Record of each notarial act | ||
performed in connection with a Document of Conveyance. The | ||
Notarial Record shall contain: | ||
(1) The date of the notarial act; | ||
(2) The type, title, or a description of the Document | ||
of Conveyance being notarized, and the property index | ||
number ("PIN") used to identify the Residential Real | ||
Property for assessment or taxation purposes and the common | ||
street address for the Residential Real Property that is | ||
the subject of the Document of Conveyance; | ||
(3) The signature, printed name, and residence street | ||
address of each person whose signature is the subject of | ||
the notarial act and a certification by the person that the | ||
property is Residential Real Property as defined in this | ||
Section, which states "The undersigned grantor hereby | ||
certifies that the real property identified in this | ||
Notarial Record is Residential Real Property as defined in | ||
the Illinois Notary Public Act". | ||
(4) A description of the satisfactory evidence |
reviewed by the notary to determine the identity of the | ||
person whose signature is the subject of the notarial act; | ||
(5) The date of notarization, the fee charged for the | ||
notarial act, the Notary's home or business phone number, | ||
the Notary's residence street address, the Notary's | ||
commission expiration date, the correct legal name of the | ||
Notary's employer or principal, and the business street | ||
address of the Notary's employer or principal; and | ||
(6) The notary public shall require the person signing | ||
the Document of Conveyance (including an agent acting on | ||
behalf of a principal under a duly executed power of | ||
attorney), whose signature is the subject of the notarial | ||
act, to place his or her right thumbprint on the Notarial | ||
Record. If the right thumbprint is not available, then the | ||
notary shall have the party use his or her left thumb, or | ||
any available finger, and shall so indicate on the Notarial | ||
Record. If the party signing the document is physically | ||
unable to provide a thumbprint or fingerprint, the notary | ||
shall so indicate on the Notarial Record and shall also | ||
provide an explanation of that physical condition. The | ||
notary may obtain the thumbprint by any means that reliably | ||
captures the image of the finger in a physical or | ||
electronic medium. | ||
(d) If a notarial act under this Section is performed by a | ||
notary who is a principal, employee, or agent of a Title | ||
Insurance Company, Title Insurance Agent, Financial |
Institution, or attorney at law, the notary shall deliver the | ||
original Notarial Record to the notary's employer or principal | ||
within 14 days after the performance of the notarial act for | ||
retention for a period of 7 years as part of the employer's or | ||
principal's business records. In the event of a sale or merger | ||
of any of the foregoing entities or persons, the successor or | ||
assignee of the entity or person shall assume the | ||
responsibility to maintain the Notarial Record for the balance | ||
of the 7-year business records retention period. Liquidation or | ||
other cessation of activities in the ordinary course of | ||
business by any of the foregoing entities or persons shall | ||
relieve the entity or person from the obligation to maintain | ||
Notarial Records after delivery of Notarial Records to the | ||
Recorder of Deeds of Cook County, Illinois. | ||
(e) If a notarial act is performed by a notary who is not a | ||
principal, employee, or agent of a Title Insurance Company, | ||
Title Insurance Agent, Financial Institution, or attorney at | ||
law, the notary shall deliver the original Notarial Record | ||
within 14 days after the performance of the notarial act to the | ||
Recorder of Deeds of Cook County, Illinois for retention for a | ||
period of 7 years, accompanied by a filing fee of $5. | ||
(f) The Notarial Record required under subsection (c) of | ||
this Section shall be created and maintained for each person | ||
whose signature is the subject of a notarial act regarding a | ||
Document of Conveyance and shall be in substantially the | ||
following form: |
NOTARIAL RECORD - RESIDENTIAL REAL PROPERTY TRANSACTIONS
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Date Notarized:
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Fee: $
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The undersigned grantor hereby certifies that the real property | ||
identified in this Notarial Record is Residential Real Property | ||
as defined in the Illinois Notary Public Act. | ||
Grantor's (Signer's) Printed Name:
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Grantor's (Signer's) Signature:
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Grantor's (Signer's) Residential Street Address, City, State, | ||
and Zip:
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Type or Name of Document of Conveyance:
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PIN No. of Residential Real Property:
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Common Street Address of Residential Real Property:
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Thumbprint or Fingerprint:
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Description of Means of Identification:
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Additional Comments:
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Name of Notary Printed:
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Notary Phone Number:
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Commission Expiration Date:
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Residential Street Address of Notary, City, State, and Zip:
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Name of Notary's Employer or Principal:
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Business Street Address of Notary's Employer or Principal, | ||
City, State, and Zip:
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(g) No copies of the original Notarial Record may be made | ||
or retained by the Notary. The Notary's employer or principal | ||
may retain copies of the Notarial Records as part of its | ||
business records, subject to applicable privacy and | ||
confidentiality standards. | ||
(h) The failure of a notary to comply with the procedure | ||
set forth in this Section shall not affect the validity of the | ||
Residential Real Property transaction in connection to which | ||
the Document of Conveyance is executed, in the absence of | ||
fraud. | ||
(i) The Notarial Record or other medium containing the |
thumbprint or fingerprint required by subsection (c)(6) shall | ||
be made available or disclosed only upon receipt of a subpoena | ||
duly authorized by a court of competent jurisdiction. Such | ||
Notarial Record or other medium shall not be subject to | ||
disclosure under the Freedom of Information Act and shall not | ||
be made available to any other party, other than a party in | ||
succession of interest to the party maintaining the Notarial | ||
Record or other medium pursuant to subsection (d) or (e). | ||
(j) In the event there is a breach in the security of a | ||
Notarial Record maintained pursuant to subsections (d) and (e) | ||
by the Recorder of Deeds of Cook County, Illinois, the Recorder | ||
shall notify the person identified as the "signer" in the | ||
Notarial Record at the signer's residential street address set | ||
forth in the Notarial Record. "Breach" shall mean unauthorized | ||
acquisition of the fingerprint data contained in the Notarial | ||
Record that compromises the security, confidentiality, or | ||
integrity of the fingerprint data maintained by the Recorder. | ||
The notification shall be in writing and made in the most | ||
expedient time possible and without unreasonable delay, | ||
consistent with any measures necessary to determine the scope | ||
of the breach and restore the reasonable security, | ||
confidentiality, and integrity of the Recorder's data system.
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(k) Subsections (a) through (i) shall not apply on and | ||
after July 1, 2013.
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(l) Beginning July 1, 2013, at
At the time of notarization, | ||
a notary public shall officially sign every
notary certificate |
and affix the rubber stamp seal clearly and legibly
using black | ||
ink, so that it is capable of photographic reproduction. The
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illegibility of any of the information required by this Section | ||
does not
affect the validity of a transaction.
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(Source: P.A. 84-322.)
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(5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
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Sec. 3-104. Maximum Fee. | ||
(a) Except as provided in subsection (b) of this Section, | ||
the maximum
fee in this State is $1.00 for any notarial act | ||
performed and, until July 1, 2013, up to $25 for any notarial | ||
act performed pursuant to Section 3-102 .
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(b) Fees for a notary public, agency, or any other person | ||
who is not
an attorney or an accredited representative filling | ||
out immigration forms shall be limited to the following:
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(1) $10 per form completion;
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(2) $10 per page for the translation of a non-English | ||
language into English where such translation is required | ||
for immigration forms;
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(3) $1 for notarizing;
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(4) $3 to execute any procedures necessary to obtain a | ||
document required to complete immigration forms; and
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(5) A maximum of $75 for one complete application.
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Fees authorized under this subsection shall not include | ||
application fees
required to be submitted with immigration | ||
applications.
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Any person who violates the provisions of this subsection | ||
shall be guilty
of a Class A misdemeanor for a first offense | ||
and a Class 3 felony for a
second or subsequent offense | ||
committed within 5 years of a previous
conviction for the same | ||
offense.
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(c) Upon his own information or upon complaint of any | ||
person, the
Attorney General or any State's Attorney, or their | ||
designee, may maintain
an action for injunctive relief in the | ||
court against any notary public or
any other person who
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violates the provisions of subsection (b) of this Section. | ||
These
remedies are in addition to, and not in substitution for, | ||
other available remedies.
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If the Attorney General or any State's Attorney fails to | ||
bring an action
as provided pursuant to this subsection within | ||
90 days of receipt of a complaint, any person may file a civil
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action to enforce the provisions of this subsection and | ||
maintain an action
for injunctive relief.
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(d) All notaries public must provide receipts and keep | ||
records for fees accepted for services provided. Failure to | ||
provide receipts and keep records that can be presented as | ||
evidence of no wrongdoing shall be construed as a presumptive | ||
admission of allegations raised in complaints against the | ||
notary for violations related to accepting prohibited fees.
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(Source: P.A. 93-1001, eff. 8-23-04.)
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(5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
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Sec. 6-102. Notarial Acts. (a) In taking an acknowledgment, | ||
the notary public must determine,
either from personal | ||
knowledge or from satisfactory evidence, that the
person | ||
appearing before the notary and making the acknowledgment is | ||
the
person whose true signature is on the instrument.
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(b) In taking a verification upon oath or affirmation, the | ||
notary
public must determine, either from personal knowledge or | ||
from satisfactory
evidence, that the person appearing before | ||
the notary and making the
verification is the person whose true | ||
signature is on the statement verified.
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(c) In witnessing or attesting a signature, the notary | ||
public must
determine, either from personal knowledge or from | ||
satisfactory evidence,
that the signature is that of the person | ||
appearing before the notary and named therein.
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(d) A notary public has satisfactory evidence that a person | ||
is the
person whose true signature is on a document if that | ||
person:
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(1) is personally known to the notary;
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(2) is identified upon the oath or affirmation of a | ||
credible witness
personally known to the notary; or
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(3) is identified on the basis of identification documents. | ||
Until July 1, 2013, identification documents are documents that | ||
are valid at the time of the notarial act, issued by a state or | ||
federal government agency, and bearing the photographic image | ||
of the individual's face and signature of the individual.
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(Source: P.A. 84-322.)
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Section 10. The Freedom of Information Act is amended by | ||
changing Section 7 as follows: | ||
(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 | ||
copying:
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(a) Information specifically prohibited from | ||
disclosure by federal or
State law or rules and regulations | ||
adopted under federal or State law.
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(b) Information that, if disclosed, would constitute a | ||
clearly
unwarranted invasion of personal privacy, unless | ||
the disclosure is
consented to in writing by the individual | ||
subjects of 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
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privacy. Information exempted under this subsection (b) | ||
shall include but
is not limited to:
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(i) files and personal information maintained with | ||
respect to
clients, patients, residents, students or | ||
other individuals receiving
social, medical, | ||
educational, vocational, financial, supervisory or
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custodial care or services directly or indirectly from | ||
federal agencies
or public bodies;
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(ii) personnel files and personal information |
maintained with
respect to employees, appointees or | ||
elected officials of any public body or
applicants for | ||
those positions;
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(iii) files and personal information maintained | ||
with respect to any
applicant, registrant or licensee | ||
by any public body cooperating with or
engaged in | ||
professional or occupational registration, licensure | ||
or discipline;
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(iv) information required of any taxpayer in | ||
connection with the
assessment or collection of any tax | ||
unless disclosure is otherwise required
by State | ||
statute;
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(v) information revealing the identity of persons | ||
who file complaints
with or provide information to | ||
administrative, investigative, law enforcement
or | ||
penal agencies; provided, however, that identification | ||
of witnesses to
traffic accidents, traffic accident | ||
reports, and rescue reports may be provided
by agencies | ||
of local government, except in a case for which a | ||
criminal
investigation is ongoing, without | ||
constituting a clearly unwarranted per se
invasion of | ||
personal privacy under this subsection; and
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(vi) the names, addresses, or other personal | ||
information of
participants and registrants in park | ||
district, forest preserve district, and
conservation | ||
district programs ; and
.
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(vii) the Notarial Record or other medium | ||
containing the thumbprint or fingerprint required by | ||
Section 3-102(c)(6) of the Illinois Notary Public Act.
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(c) Records compiled by any public body for | ||
administrative enforcement
proceedings and any law | ||
enforcement or correctional agency for
law enforcement | ||
purposes or for internal matters of a public body,
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;
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(ii) interfere with pending administrative | ||
enforcement proceedings
conducted by any public body;
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(iii) deprive a person of a fair trial or an | ||
impartial hearing;
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(iv) unavoidably disclose the identity of a | ||
confidential source or
confidential information | ||
furnished only by the confidential source;
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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;
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(vi) constitute an invasion of personal privacy | ||
under subsection (b) of
this Section;
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(vii) endanger the life or physical safety of law | ||
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 | ||
State or local
criminal justice agencies, except the | ||
following which shall be open for
public inspection and | ||
copying:
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(i) chronologically maintained arrest information, | ||
such as traditional
arrest logs or blotters;
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(ii) the name of a person in the custody of a law | ||
enforcement agency and
the charges for which that | ||
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 | ||
State or local law; or
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(v) records in which the requesting party is the | ||
individual
identified, except as provided under part | ||
(vii) of
paragraph (c) of subsection (1) of this | ||
Section.
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"Criminal history record information" means data | ||
identifiable to an
individual and consisting of | ||
descriptions or notations of arrests,
detentions, | ||
indictments, informations, pre-trial proceedings, trials, | ||
or
other formal events in the criminal justice system or | ||
descriptions or
notations of criminal charges (including | ||
criminal violations of local
municipal ordinances) and the |
nature of any disposition arising therefrom,
including | ||
sentencing, court or correctional supervision, | ||
rehabilitation and
release. The term does not apply to | ||
statistical records and reports in
which individuals are | ||
not identified and from which
their identities are not | ||
ascertainable, or to information that is for
criminal | ||
investigative or intelligence purposes.
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(e) Records that relate to or affect the security of | ||
correctional
institutions and detention facilities.
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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 information are
proprietary, privileged | ||
or confidential, or where disclosure of the trade
secrets | ||
or information may cause competitive harm, including: | ||
(i) All
information determined to be confidential | ||
under Section 4002 of the
Technology Advancement and | ||
Development Act. |
(ii) 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 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.
| ||
(i) Valuable formulae,
computer geographic systems,
|
designs, drawings and research data obtained or
produced by | ||
any public body when disclosure could reasonably be | ||
expected to
produce private gain or public loss.
The | ||
exemption for "computer geographic systems" provided in | ||
this paragraph
(i) does not extend to requests made by news | ||
media as defined in Section 2 of
this Act when the | ||
requested information is not otherwise exempt and the only
| ||
purpose of the request is to access and disseminate | ||
information regarding the
health, safety, welfare, or | ||
legal rights of the general public.
| ||
(j) Test questions, scoring keys and other examination | ||
data used to
administer an academic examination or | ||
determined the qualifications of an
applicant for a license | ||
or employment.
| ||
(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, but
| ||
only to the extent
that disclosure would compromise | ||
security, including but not limited to water
treatment | ||
facilities, airport facilities, sport stadiums, convention | ||
centers,
and all government owned, operated, or occupied | ||
buildings.
| ||
(l) Library circulation and order records identifying | ||
library users with
specific materials.
|
(m) Minutes of meetings of public bodies closed to the
| ||
public as provided in the Open Meetings Act until the | ||
public body
makes the minutes available to the public under | ||
Section 2.06 of the Open
Meetings Act.
| ||
(n) Communications between a public body and an | ||
attorney or auditor
representing the public body that would | ||
not be subject to discovery in
litigation, and materials | ||
prepared or compiled by or for a public body in
| ||
anticipation of a criminal, civil or administrative | ||
proceeding upon the
request of an attorney advising the | ||
public body, and materials prepared or
compiled with | ||
respect to internal audits of public bodies.
| ||
(o) Information received by a primary or secondary | ||
school, college or
university under its procedures for the | ||
evaluation of faculty members by
their academic peers.
| ||
(p) Administrative or technical information associated | ||
with automated
data processing operations, including but | ||
not limited to software,
operating protocols, computer | ||
program abstracts, file layouts, source
listings, object | ||
modules, load modules, user guides, documentation
| ||
pertaining to all logical and physical design of | ||
computerized systems,
employee manuals, and any other | ||
information that, if disclosed, would
jeopardize the | ||
security of the system or its data or the security of
| ||
materials exempt under this Section.
| ||
(q) Documents or materials relating to collective |
negotiating matters
between public bodies and their | ||
employees or representatives, except that
any final | ||
contract or agreement shall be subject to inspection and | ||
copying.
| ||
(r) Drafts, notes, recommendations and memoranda | ||
pertaining to the
financing and marketing transactions of | ||
the public body. The records of
ownership, registration, | ||
transfer, and exchange of municipal debt
obligations, and | ||
of persons to whom payment with respect to these | ||
obligations
is made.
| ||
(s) 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
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.
| ||
(t) 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.
| ||
(u) Information concerning a university's adjudication | ||
of student or
employee grievance or disciplinary cases, to |
the extent that disclosure
would reveal the identity of the | ||
student or employee and information
concerning any public | ||
body's adjudication of student or employee grievances
or | ||
disciplinary cases, except for the final outcome of the | ||
cases.
| ||
(v) Course materials or research materials used by | ||
faculty members.
| ||
(w) Information related solely to the internal | ||
personnel rules and
practices of a public body.
| ||
(x) Information contained in or related to | ||
examination, operating, or
condition reports prepared by, | ||
on behalf of, or for the use of a public
body responsible | ||
for the regulation or supervision of financial
| ||
institutions or insurance companies, unless disclosure is | ||
otherwise
required by State law.
| ||
(y) Information the disclosure of which is restricted | ||
under Section
5-108 of the Public Utilities Act.
| ||
(z) Manuals or instruction to staff that relate to | ||
establishment or
collection of liability for any State tax | ||
or that relate to investigations
by a public body to | ||
determine violation of any criminal law.
| ||
(aa) Applications, related documents, and medical | ||
records received by
the Experimental Organ Transplantation | ||
Procedures Board and any and all
documents or other records | ||
prepared by the Experimental Organ
Transplantation | ||
Procedures Board or its staff relating to applications
it |
has received.
| ||
(bb) 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.
| ||
(cc) Information and records held by the Department of | ||
Public Health and
its authorized representatives relating | ||
to known or suspected cases of
sexually transmissible | ||
disease or any information the disclosure of which
is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act.
| ||
(dd) Information the disclosure of which is exempted | ||
under Section 30
of the Radon Industry Licensing Act.
| ||
(ee) Firm performance evaluations under Section 55 of | ||
the
Architectural, Engineering, and Land Surveying | ||
Qualifications Based
Selection Act.
| ||
(ff) Security portions of system safety program plans, | ||
investigation
reports, surveys, schedules, lists, data, or | ||
information compiled, collected,
or prepared by or for the | ||
Regional Transportation Authority under Section 2.11
of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit
District under the
Bi-State Transit Safety | ||
Act.
| ||
(gg) Information the disclosure of which is restricted | ||
and
exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act.
|
(hh) Information the disclosure of which is
exempted | ||
under the State Officials and Employees Ethics Act.
| ||
(ii) Beginning July 1, 1999, information that would | ||
disclose
or might lead to the disclosure of
secret or | ||
confidential information, codes, algorithms, programs, or | ||
private
keys intended to be used to create electronic or | ||
digital signatures under the
Electronic Commerce Security | ||
Act.
| ||
(jj) Information contained in a local emergency energy | ||
plan submitted to
a municipality in accordance with a local | ||
emergency energy plan ordinance that
is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code.
| ||
(kk) Information and data concerning the distribution | ||
of
surcharge moneys collected and remitted by wireless | ||
carriers under the Wireless
Emergency Telephone Safety | ||
Act.
| ||
(ll) 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 | ||
mobilization or deployment of personnel or equipment, to | ||
the
operation of communication systems or protocols, or to | ||
tactical operations.
| ||
(mm) Maps and other records regarding the location or | ||
security of a
utility's generation, transmission, | ||
distribution, storage, gathering,
treatment, or switching | ||
facilities.
| ||
(nn) Law enforcement officer identification | ||
information or
driver
identification
information compiled | ||
by a law enforcement agency or the Department of
| ||
Transportation
under Section 11-212 of the Illinois | ||
Vehicle Code.
| ||
(oo) Records and information provided to a residential
| ||
health care
facility resident sexual assault
and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act.
| ||
(pp) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article.
| ||
(qq) Defense budgets and petitions for certification | ||
of compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (qq) shall apply | ||
until the conclusion of the trial of the case, even if the |
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing.
| ||
(2) This Section does not authorize withholding of | ||
information or limit the
availability of records to the public, | ||
except as stated in this Section or
otherwise provided in this | ||
Act.
| ||
(Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, | ||
eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; | ||
93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. | ||
1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff. | ||
6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised | ||
8-3-06.)
| ||
Section 99. Effective date. This Act takes effect June 1, | ||
2009.
|