093_HB0539eng HB0539 Engrossed LRB093 04303 JAM 04349 b 1 AN ACT concerning freedom of information. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Freedom of Information Act is amended by 5 changing Section 7 as follows: 6 (5 ILCS 140/7) (from Ch. 116, par. 207) 7 Sec. 7. Exemptions. 8 (1) The following shall be exempt from inspection and 9 copying: 10 (a) Information specifically prohibited from 11 disclosure by federal or State law or rules and 12 regulations adopted under federal or State law. 13 (b) Information that, if disclosed, would 14 constitute a clearly unwarranted invasion of personal 15 privacy, unless the disclosure is consented to in writing 16 by the individual subjects of the information. The 17 disclosure of information that bears on the public duties 18 of public employees and officials shall not be considered 19 an invasion of personal privacy. Information exempted 20 under this subsection (b) shall include but is not 21 limited to: 22 (i) files and personal information maintained 23 with respect to clients, patients, residents, 24 students or other individuals receiving social, 25 medical, educational, vocational, financial, 26 supervisory or custodial care or services directly 27 or indirectly from federal agencies or public 28 bodies; 29 (ii) personnel files and personal information 30 maintained with respect to employees, appointees or 31 elected officials of any public body or applicants HB0539 Engrossed -2- LRB093 04303 JAM 04349 b 1 for those positions; 2 (iii) files and personal information 3 maintained with respect to any applicant, registrant 4 or licensee by any public body cooperating with or 5 engaged in professional or occupational 6 registration, licensure or discipline; 7 (iv) information required of any taxpayer in 8 connection with the assessment or collection of any 9 tax unless disclosure is otherwise required by State 10 statute; and 11 (v) information revealing the identity of 12 persons who file complaints with or provide 13 information to administrative, investigative, law 14 enforcement or penal agencies; provided, however, 15 that identification of witnesses to traffic 16 accidents, traffic accident reports, and rescue 17 reports may be provided by agencies of local 18 government, except in a case for which a criminal 19 investigation is ongoing, without constituting a 20 clearly unwarranted per se invasion of personal 21 privacy under this subsection. 22 (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 26 only 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 30 agency; 31 (ii) interfere with pending administrative 32 enforcement proceedings conducted by any public 33 body; 34 (iii) deprive a person of a fair trial or an HB0539 Engrossed -3- LRB093 04303 JAM 04349 b 1 impartial hearing; 2 (iv) unavoidably disclose the identity of a 3 confidential source or confidential information 4 furnished only by the confidential source; 5 (v) disclose unique or specialized 6 investigative techniques other than those generally 7 used and known or disclose internal documents of 8 correctional agencies related to detection, 9 observation or investigation of incidents of crime 10 or misconduct; 11 (vi) constitute an invasion of personal 12 privacy under subsection (b) of this Section; 13 (vii) endanger the life or physical safety of 14 law enforcement personnel or any other person; or 15 (viii) obstruct an ongoing criminal 16 investigation. 17 (d) Criminal history record information maintained 18 by State or local criminal justice agencies, except the 19 following which shall be open for public inspection and 20 copying: 21 (i) chronologically maintained arrest 22 information, such as traditional arrest logs or 23 blotters; 24 (ii) the name of a person in the custody of a 25 law enforcement agency and the charges for which 26 that person is being held; 27 (iii) court records that are public; 28 (iv) records that are otherwise available 29 under State or local law; or 30 (v) records in which the requesting party is 31 the individual identified, except as provided under 32 part (vii) of paragraph (c) of subsection (1) of 33 this Section. 34 "Criminal history record information" means data HB0539 Engrossed -4- LRB093 04303 JAM 04349 b 1 identifiable to an individual and consisting of 2 descriptions or notations of arrests, detentions, 3 indictments, informations, pre-trial proceedings, trials, 4 or other formal events in the criminal justice system or 5 descriptions or notations of criminal charges (including 6 criminal violations of local municipal ordinances) and 7 the nature of any disposition arising therefrom, 8 including sentencing, court or correctional supervision, 9 rehabilitation and release. The term does not apply to 10 statistical records and reports in which individuals are 11 not identified and from which their identities are not 12 ascertainable, or to information that is for criminal 13 investigative or intelligence purposes. 14 (e) Records that relate to or affect the security 15 of correctional institutions and detention facilities. 16 (f) Preliminary drafts, notes, recommendations, 17 memoranda and other records in which opinions are 18 expressed, or policies or actions are formulated, except 19 that a specific record or relevant portion of a record 20 shall not be exempt when the record is publicly cited and 21 identified by the head of the public body. The exemption 22 provided in this paragraph (f) extends to all those 23 records of officers and agencies of the General Assembly 24 that pertain to the preparation of legislative documents. 25 (g) Trade secrets and commercial or financial 26 information obtained from a person or business where the 27 trade secrets or information are proprietary, privileged 28 or confidential, or where disclosure of the trade secrets 29 or information may cause competitive harm, including all 30 information determined to be confidential under Section 31 4002 of the Technology Advancement and Development Act. 32 Nothing contained in this paragraph (g) shall be 33 construed to prevent a person or business from consenting 34 to disclosure. HB0539 Engrossed -5- LRB093 04303 JAM 04349 b 1 (h) Proposals and bids for any contract, grant, or 2 agreement, including information which if it were 3 disclosed would frustrate procurement or give an 4 advantage to any person proposing to enter into a 5 contractor agreement with the body, until an award or 6 final selection is made. Information prepared by or for 7 the body in preparation of a bid solicitation shall be 8 exempt until an award or final selection is made. 9 (i) Valuable formulae, computer geographic systems, 10 designs, drawings and research data obtained or produced 11 by any public body when disclosure could reasonably be 12 expected to produce private gain or public loss. The 13 exemption for "computer geographic systems" provided in 14 this paragraph (i) does not extend to requests made by 15 news media as defined in Section 2 of this Act when the 16 requested information is not otherwise exempt and the 17 only purpose of the request is to access and disseminate 18 information regarding the health, safety, welfare, or 19 legal rights of the general public. 20 (j) Test questions, scoring keys and other 21 examination data used to administer an academic 22 examination or determined the qualifications of an 23 applicant for a license or employment. 24 (k) Architects' plans and engineers' technical 25 submissions for projects not constructed or developed in 26 whole or in part with public funds and for projects 27 constructed or developed with public funds, to the extent 28 that disclosure would compromise security. 29 (l) Library circulation and order records 30 identifying library users with specific materials. 31 (m) Minutes of meetings of public bodies closed to 32 the public as provided in the Open Meetings Act until the 33 public body makes the minutes available to the public 34 under Section 2.06 of the Open Meetings Act. HB0539 Engrossed -6- LRB093 04303 JAM 04349 b 1 (n) Communications between a public body and an 2 attorney or auditor representing the public body that 3 would not be subject to discovery in litigation, and 4 materials prepared or compiled by or for a public body in 5 anticipation of a criminal, civil or administrative 6 proceeding upon the request of an attorney advising the 7 public body, and materials prepared or compiled with 8 respect to internal audits of public bodies. 9 (o) Information received by a primary or secondary 10 school, college or university under its procedures for 11 the evaluation of faculty members by their academic 12 peers. 13 (p) Administrative or technical information 14 associated with automated data processing operations, 15 including but not limited to software, operating 16 protocols, computer program abstracts, file layouts, 17 source listings, object modules, load modules, user 18 guides, documentation pertaining to all logical and 19 physical design of computerized systems, employee 20 manuals, and any other information that, if disclosed, 21 would jeopardize the security of the system or its data 22 or the security of 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 HB0539 Engrossed -7- LRB093 04303 JAM 04349 b 1 to real estate purchase negotiations until those 2 negotiations have been completed or otherwise terminated. 3 With regard to a parcel involved in a pending or actually 4 and reasonably contemplated eminent domain proceeding 5 under Article VII of the Code of Civil Procedure, 6 records, documents and information relating to that 7 parcel shall be exempt except as may be allowed under 8 discovery rules adopted by the Illinois Supreme Court. 9 The records, documents and information relating to a real 10 estate sale shall be exempt 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 15 pool. 16 (u) Information concerning a university's 17 adjudication of student or employee grievance or 18 disciplinary cases, to the extent that disclosure would 19 reveal the identity of the student or employee and 20 information concerning any public body's adjudication of 21 student or employee grievances or disciplinary cases, 22 except for the final outcome of the cases. 23 (v) Course materials or research materials used by 24 faculty members. 25 (w) Information related solely to the internal 26 personnel rules and practices of a public body. 27 (x) Information contained in or related to 28 examination, operating, or condition reports prepared by, 29 on behalf of, or for the use of a public body responsible 30 for the regulation or supervision of financial 31 institutions or insurance companies, unless disclosure is 32 otherwise required by State law. 33 (y) Information the disclosure of which is 34 restricted under Section 5-108 of the Public Utilities HB0539 Engrossed -8- LRB093 04303 JAM 04349 b 1 Act. 2 (z) Manuals or instruction to staff that relate to 3 establishment or collection of liability for any State 4 tax or that relate to investigations by a public body to 5 determine violation of any criminal law. 6 (aa) Applications, related documents, and medical 7 records received by the Experimental Organ 8 Transplantation Procedures Board and any and all 9 documents or other records prepared by the Experimental 10 Organ Transplantation Procedures Board or its staff 11 relating to applications it has received. 12 (bb) Insurance or self insurance (including any 13 intergovernmental risk management association or self 14 insurance pool) claims, loss or risk management 15 information, records, data, advice or communications. 16 (cc) Information and records held by the Department 17 of Public Health and its authorized representatives 18 relating to known or suspected cases of sexually 19 transmissible disease or any information the disclosure 20 of which is restricted under the Illinois Sexually 21 Transmissible Disease Control Act. 22 (dd) Information the disclosure of which is 23 exempted under Section 30 of the Radon Industry Licensing 24 Act. 25 (ee) Firm performance evaluations under Section 55 26 of the Architectural, Engineering, and Land Surveying 27 Qualifications Based Selection Act. 28 (ff) Security portions of system safety program 29 plans, investigation reports, surveys, schedules, lists, 30 data, or information compiled, collected, or prepared by 31 or for the Regional Transportation Authority under 32 Section 2.11 of the Regional Transportation Authority Act 33 or the St. Clair County Transit District under the 34 Bi-State Transit Safety Act. HB0539 Engrossed -9- LRB093 04303 JAM 04349 b 1 (gg) Information the disclosure of which is 2 restricted and exempted under Section 50 of the Illinois 3 Prepaid Tuition Act. 4 (hh) Information the disclosure of which is 5 exempted under Section 80 of the State Gift Ban Act. 6 (ii) Beginning July 1, 1999, information that would 7 disclose or might lead to the disclosure of secret or 8 confidential information, codes, algorithms, programs, or 9 private keys intended to be used to create electronic or 10 digital signatures under the Electronic Commerce Security 11 Act. 12 (jj) Information contained in a local emergency 13 energy plan submitted to a municipality in accordance 14 with a local emergency energy plan ordinance that is 15 adopted under Section 11-21.5-5 of the Illinois Municipal 16 Code. 17 (kk) Information and data concerning the 18 distribution of surcharge moneys collected and remitted 19 by wireless carriers under the Wireless Emergency 20 Telephone Safety Act. 21 (2) This Section does not authorize withholding of 22 information or limit the availability of records to the 23 public, except as stated in this Section or otherwise 24 provided in this Act. 25 (Source: P.A. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99; 26 91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff. 27 8-3-01; 92-281, eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, 28 eff. 7-11-02.) 29 Section 99. Effective date. This Act takes effect July 30 1, 2003.