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1 | AN ACT concerning higher education credit card marketing.
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2 | WHEREAS, in 2005, student loan provider Nellie Mae found | ||||||
3 | that over half of all students graduating from an undergraduate | ||||||
4 | program of study had an average of 4 credit cards and an | ||||||
5 | average outstanding balance of $3,000; and
| ||||||
6 | WHEREAS, credit card debt compounds the significant | ||||||
7 | student loan debt that many students pursuing an undergraduate | ||||||
8 | education have assumed; and | ||||||
9 | WHEREAS, the cost of attending a program of undergraduate | ||||||
10 | study has increased significantly in recent years; and | ||||||
11 | WHEREAS, the historically cash-strapped undergraduate | ||||||
12 | student is particularly vulnerable to the activities of | ||||||
13 | predatory lenders; and | ||||||
14 | WHEREAS, the General Assembly finds that it is in the best | ||||||
15 | interest of the State of Illinois to ensure that its | ||||||
16 | institutions of higher education prepare students to handle | ||||||
17 | credit and debt responsibly; therefore | ||||||
18 | Be it enacted by the People of the State of Illinois,
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19 | represented in the General Assembly:
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1 | Section 1. Short title. This Act may be cited as the Credit | ||||||
2 | Card Marketing Act of 2009. | ||||||
3 | Section 5. Definitions. As used in this Act: | ||||||
4 | "Credit card" means a card or device issued under an | ||||||
5 | agreement by which the credit card issuer gives to a cardholder | ||||||
6 | residing in the State of Illinois the privilege of obtaining | ||||||
7 | credit from the credit card issuer or another person in | ||||||
8 | connection with the purchase or lease of goods or services | ||||||
9 | primarily for personal, family, or household use. | ||||||
10 | "Credit card issuer" means a financial institution, a | ||||||
11 | lender other than a financial institution, or a merchant that | ||||||
12 | receives applications and issues credit cards to individuals. | ||||||
13 | "Credit card marketing activity" means any action designed | ||||||
14 | to promote the completion of an application by a student to | ||||||
15 | qualify to receive a credit card. Credit card marketing | ||||||
16 | activity includes, but is not limited to, the act of placing a | ||||||
17 | display or poster together with credit card applications on a | ||||||
18 | campus of an institution of higher education in the State of | ||||||
19 | Illinois, whether or not an employee or agent of the credit | ||||||
20 | card issuer attends the display. "Credit card marketing | ||||||
21 | activity" does not include promotional activity of a credit | ||||||
22 | card issuer in a newspaper, magazine, or other similar | ||||||
23 | publication or within the physical location of a financial | ||||||
24 | services business located on the campus of an institution of | ||||||
25 | higher education, when that activity is conducted as a part of |
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1 | the financial services business's regular course of business. | ||||||
2 | "Institution of higher education" means any publicly or | ||||||
3 | privately operated university, college, community college, | ||||||
4 | junior college, business, technical or vocational school, or | ||||||
5 | other educational institution offering degrees and instruction | ||||||
6 | beyond the secondary school level. | ||||||
7 | "Student pursuing an undergraduate education" means any | ||||||
8 | individual under the age of 21 admitted to or applying for | ||||||
9 | admission to an institution of higher education, or enrolled on | ||||||
10 | a full or part time basis in a course or program of academic, | ||||||
11 | business, or vocational instruction offered by or through an | ||||||
12 | institution of higher education, where credits earned could be | ||||||
13 | applied toward the earning of a bachelors or associates degree.
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14 | "Tangible personal property" means personal property that | ||||||
15 | can be seen, weighed, measured, or touched, or that is in any | ||||||
16 | other matter perceptible to the senses, including, but not | ||||||
17 | limited to, gift cards, t-shirts, and other giveaways. | ||||||
18 | Section 10. Financial education. Any institution of higher | ||||||
19 | education that enters into an agreement to market credit cards | ||||||
20 | to students pursuing an undergraduate education, or that allows | ||||||
21 | its student groups, alumni associations, or affiliates to enter | ||||||
22 | into such agreements must make a financial education program | ||||||
23 | available to all students. Additionally, an institution of | ||||||
24 | higher education shall make available to all its students, via | ||||||
25 | posting in a conspicuous location on its web pages, the |
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1 | financial education information required by this Section. The | ||||||
2 | financial education program shall include, at a minimum: | ||||||
3 | (1) an explanation of the consequences of not paying | ||||||
4 | credit card balances in full within the time specified by | ||||||
5 | the billing statement, including an explanation of the | ||||||
6 | methods employed by credit card issuers to compute interest | ||||||
7 | on unpaid balances; | ||||||
8 | (2) an explanation of common industry practices that | ||||||
9 | have a negative impact to consumer credit card holders; | ||||||
10 | current examples include low introductory rates, a | ||||||
11 | description of acts on the part of cardholder that would | ||||||
12 | cause an immediate shift to a higher interest rate, and | ||||||
13 | complex timing calculations which can trigger higher | ||||||
14 | rates; | ||||||
15 | (3) examples illustrating the length of time it will | ||||||
16 | take to pay off various balance amounts if only the minimum | ||||||
17 | monthly payment required under the agreement is paid; | ||||||
18 | (4) an explanation of credit related terms, including | ||||||
19 | but not limited to fixed rates, variable rates, | ||||||
20 | introductory rates, balance transfers, grace periods, and | ||||||
21 | annual fees; | ||||||
22 | (5) information concerning the federal government's | ||||||
23 | opt-out program to limit credit card solicitations, and how | ||||||
24 | students may participate in it; and | ||||||
25 | (6) an explanation of the impact of and potential | ||||||
26 | consequences that could result from using a debit card for |
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1 | purchases that exceed the deposits in the account tied to | ||||||
2 | the debit card.
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3 | Section 15. Disclosure of agreements with credit card | ||||||
4 | issuers.
| ||||||
5 | (a) Any institution of higher education, including its | ||||||
6 | agents, employees, or student or alumni organizations, or | ||||||
7 | affiliates that receives any funds or items of value from the | ||||||
8 | distribution of applications for credit cards to students | ||||||
9 | pursuing an undergraduate education, or whose student groups, | ||||||
10 | alumni associations or affiliates, or both, receive funds or | ||||||
11 | items of value from the distribution, must disclose the | ||||||
12 | following: | ||||||
13 | (1) the name of the credit card issuer that has entered | ||||||
14 | into an agreement with the institution of higher education; | ||||||
15 | (2) the nature of the institution of higher education's | ||||||
16 | relationship with the credit card issuer, including the | ||||||
17 | amount of funds or other items of value received from the | ||||||
18 | arrangement; and | ||||||
19 | (3) the way in which those funds were expended during | ||||||
20 | the previous school year. | ||||||
21 | (b) Disclosures must appear in the following locations: | ||||||
22 | (1) in a conspicuous location on the webpages of the | ||||||
23 | institution of higher education; | ||||||
24 | (2) in an annual report to the Illinois Board of Higher | ||||||
25 | Education; and |
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1 | (3) in any notices mailed to students marketing or | ||||||
2 | promoting the credit card. | ||||||
3 | (c) To the extent that the institution of higher education | ||||||
4 | is a State or government entity receiving public funds and | ||||||
5 | otherwise subject to the Freedom of Information Act, all | ||||||
6 | agreements with credit card issuers shall be subject to | ||||||
7 | disclosure to any requester pursuant to the Freedom of | ||||||
8 | Information Act. | ||||||
9 | (d) This Section applies to all contracts or agreements | ||||||
10 | entered into after the effective date of this Act. Nothing in | ||||||
11 | this Section is intended to or shall impair the obligations, | ||||||
12 | terms, conditions, or value of contracts between credit card | ||||||
13 | issuers and institutions of higher education that were entered | ||||||
14 | into before the effective date of this Act.
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15 | Section 20. Gifts and inducements. No institution of higher | ||||||
16 | education shall knowingly allow on its campus credit card | ||||||
17 | marketing activity that involves the offer of gifts, coupons, | ||||||
18 | or other tangible personal property to students pursuing an | ||||||
19 | undergraduate education where the ultimate goal is to induce a | ||||||
20 | student to complete an application for a credit card. All | ||||||
21 | institutions of higher education shall prohibit their | ||||||
22 | students, student groups, alumni associations, or affiliates | ||||||
23 | from providing gifts, coupons, or other tangible personal | ||||||
24 | property to students pursuing an undergraduate education where | ||||||
25 | the ultimate goal is to induce a student to complete an |
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1 | application for a credit card. | ||||||
2 | Section 25. Provision of student information prohibited. | ||||||
3 | Institutions of higher education, including their agents, | ||||||
4 | employees, student groups, alumni organizations, or any | ||||||
5 | affiliates may not provide to a business organization or | ||||||
6 | financial institution for purposes of marketing credit cards | ||||||
7 | the following information about students pursuing an | ||||||
8 | undergraduate education: (i) name, (ii) address, (iii) | ||||||
9 | telephone number, (iv) social security number, (v) e-mail | ||||||
10 | address, or (vi) other personally identifying information. | ||||||
11 | This requirement is waived if the student pursuing an | ||||||
12 | undergraduate education is 21 years of age or older. | ||||||
13 | Section 30. Enforcement; violations. Whenever the Attorney | ||||||
14 | General has reason to believe that any institution of higher | ||||||
15 | education is knowingly using, has used, or is about to use any | ||||||
16 | method, act, or practice in violation of this Act, or knows or | ||||||
17 | should have reason to know that agents, employees, students, | ||||||
18 | student groups, alumni associations, or affiliates used or are | ||||||
19 | about to use any method, act, or practice in violation of this | ||||||
20 | Act, the Attorney General may bring an action in the name of | ||||||
21 | the State against any institution of higher education to | ||||||
22 | restrain and prevent any violation of this Act and seek | ||||||
23 | penalties in amounts up to $1000 per incident. |
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1 | Section 35. Attorney General; investigations; issuance of | ||||||
2 | subpoenas. | ||||||
3 | (a) The Attorney General may conduct any investigation | ||||||
4 | deemed necessary regarding possible violations of this Act | ||||||
5 | including, but not limited to, the issuance of subpoenas to:
| ||||||
6 | (1) require the filing of a statement or report or | ||||||
7 | answer interrogatories in writing as to all information | ||||||
8 | relevant to the alleged violations; | ||||||
9 | (2) examine under oath any person who possesses | ||||||
10 | knowledge or information directly related to the alleged | ||||||
11 | violations; and | ||||||
12 | (3) examine any record, book, document, account, or | ||||||
13 | paper necessary to investigate the alleged violation. | ||||||
14 | (b) Service by the Attorney General of any notice requiring | ||||||
15 | a person to file a statement or report, or of a subpoena upon | ||||||
16 | any person, shall be made: | ||||||
17 | (1) personally by delivery of a duly executed copy | ||||||
18 | thereof to the person to be served or, if the person is not | ||||||
19 | a natural person, in the manner provided in the Code of | ||||||
20 | Civil Procedure when a complaint is filed; or | ||||||
21 | (2) by mailing by certified mail a duly executed copy | ||||||
22 | thereof to the person to be served at his or her last known | ||||||
23 | abode or principal place of business within this State. | ||||||
24 | (c) If any person fails or refuses to file any statement or | ||||||
25 | report, or obey any subpoena issued by the Attorney General, | ||||||
26 | then the Attorney General may file a complaint in the circuit |
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1 | court for the: | ||||||
2 | (1) granting of injunctive relief, restraining the | ||||||
3 | sale or advertisement of any merchandise by such persons, | ||||||
4 | or the conduct of any trade or commerce that is involved; | ||||||
5 | and | ||||||
6 | (2) granting of such other relief as may be required; | ||||||
7 | until the person files the statement or report, or obeys | ||||||
8 | the subpoena.
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9 | Section 97. Severability. The provisions of this Act are | ||||||
10 | severable under Section 1.31 of the Statute on Statutes. | ||||||
11 | Section 900. The Freedom of Information Act is amended by | ||||||
12 | changing Sections 2 and 7 as follows:
| ||||||
13 | (5 ILCS 140/2) (from Ch. 116, par. 202)
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14 | Sec. 2. Definitions. As used in this Act:
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15 | (a) "Public body" means any legislative,
executive, | ||||||
16 | administrative, or advisory bodies of the State, state | ||||||
17 | universities
and colleges, counties, townships, cities, | ||||||
18 | villages, incorporated towns,
school districts and all other | ||||||
19 | municipal corporations,
boards, bureaus, committees, or | ||||||
20 | commissions of this State, any
subsidiary
bodies of any of the | ||||||
21 | foregoing including but not limited to committees and
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22 | subcommittees which are supported in whole or in part by tax | ||||||
23 | revenue, or
which expend tax revenue, and a School Finance |
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1 | Authority created under
Article 1E of the School Code.
"Public | ||||||
2 | body" does not include a child death review team
or the | ||||||
3 | Illinois Child Death Review Teams
Executive Council
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4 | established under
the Child Death Review Team Act.
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5 | (b) "Person" means any individual, corporation, | ||||||
6 | partnership, firm,
organization
or association, acting | ||||||
7 | individually or as a group.
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8 | (c) "Public records" means all records, reports, forms, | ||||||
9 | writings, letters,
memoranda, books, papers, maps, | ||||||
10 | photographs, microfilms, cards, tapes,
recordings,
electronic | ||||||
11 | data processing records, recorded information and all other
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12 | documentary
materials, regardless of physical form or | ||||||
13 | characteristics, having been
prepared, or having been or being | ||||||
14 | used, received, possessed or under the
control
of
any public | ||||||
15 | body. "Public records" includes, but is expressly not limited
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16 | to: (i) administrative manuals, procedural rules, and | ||||||
17 | instructions to staff,
unless exempted by Section 7(p) of this | ||||||
18 | Act; (ii) final opinions and orders
made in the adjudication of | ||||||
19 | cases, except an educational institution's
adjudication of
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20 | student or employee grievance or disciplinary cases; (iii) | ||||||
21 | substantive rules;
(iv) statements and
interpretations of | ||||||
22 | policy which have been adopted by a public body; (v)
final | ||||||
23 | planning policies, recommendations, and decisions; (vi) | ||||||
24 | factual reports,
inspection reports, and studies whether | ||||||
25 | prepared by or for the public body;
(vii) all information in | ||||||
26 | any account, voucher, or contract dealing with
the receipt or |
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1 | expenditure of public or other funds of public bodies; (viii)
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2 | the names, salaries, titles, and dates of employment of all | ||||||
3 | employees and
officers of public bodies; (ix) materials | ||||||
4 | containing opinions concerning
the rights of the state, the | ||||||
5 | public, a subdivision of state or a local
government,
or of any | ||||||
6 | private persons; (x) the name of every official and the final
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7 | records of voting in all proceedings of public bodies; (xi) | ||||||
8 | applications
for any contract, permit, grant, or agreement | ||||||
9 | except as exempted from
disclosure
by subsection (g) of Section | ||||||
10 | 7 of this Act; (xii) each report, document,
study, or | ||||||
11 | publication prepared by independent consultants or other | ||||||
12 | independent
contractors for the public body; (xiii) all other | ||||||
13 | information required by
law to be made available for public | ||||||
14 | inspection or copying;
(xiv) information relating to any grant | ||||||
15 | or contract made by or between a
public body and another public | ||||||
16 | body or private organization; (xv)
waiver documents filed with | ||||||
17 | the State Superintendent of Education or the
president of the | ||||||
18 | University of Illinois under Section 30-12.5 of the School
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19 | Code, concerning nominees for
General Assembly scholarships | ||||||
20 | under
Sections 30-9, 30-10, and 30-11 of the School Code; (xvi)
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21 | complaints,
results of complaints, and Department of Children | ||||||
22 | and Family Services staff
findings of licensing violations at | ||||||
23 | day care facilities, provided that personal
and identifying | ||||||
24 | information is not released; and (xvii) records, reports,
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25 | forms, writings, letters, memoranda, books, papers, and other | ||||||
26 | documentary
information, regardless of physical form or |
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1 | characteristics, having been
prepared, or having been or being | ||||||
2 | used, received, possessed, or under the
control of the Illinois | ||||||
3 | Sports Facilities Authority dealing with the receipt or
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4 | expenditure of public funds or other funds of the Authority in | ||||||
5 | connection with
the reconstruction, renovation, remodeling, | ||||||
6 | extension, or improvement of all or
substantially all of an | ||||||
7 | existing "facility" as that term is defined in the
Illinois | ||||||
8 | Sports Facilities Authority Act ; and (xviii) reports prepared | ||||||
9 | by institutions of higher education in the State of Illinois | ||||||
10 | documenting their relationship with credit card issuers, | ||||||
11 | otherwise disclosed to the Illinois Board of Higher Education .
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12 | (d) "Copying" means the reproduction of any public record | ||||||
13 | by means of any
photographic, electronic, mechanical or other | ||||||
14 | process, device or means.
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15 | (e) "Head of the public body" means the president, mayor, | ||||||
16 | chairman,
presiding
officer, director, superintendent, | ||||||
17 | manager, supervisor or individual otherwise
holding primary | ||||||
18 | executive and administrative authority for the public
body, or | ||||||
19 | such person's duly authorized designee.
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20 | (f) "News media" means a newspaper or other periodical | ||||||
21 | issued at regular
intervals whether in print or electronic | ||||||
22 | format, a news service whether
in print or electronic format, a | ||||||
23 | radio
station, a television station, a television network, a | ||||||
24 | community
antenna television service, or a person or | ||||||
25 | corporation engaged in making news
reels or other motion | ||||||
26 | picture news for public showing.
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1 | (Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01; | ||||||
2 | 92-468, eff.
8-22-01; 92-547, eff. 6-13-02; 92-651, eff. | ||||||
3 | 7-11-02.)
| ||||||
4 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
5 | (Text of Section before amendment by P.A. 95-988 ) | ||||||
6 | Sec. 7. Exemptions.
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7 | (1) The following shall be exempt from inspection and | ||||||
8 | copying:
| ||||||
9 | (a) Information specifically prohibited from | ||||||
10 | disclosure by federal or
State law or rules and regulations | ||||||
11 | adopted under federal or State law.
| ||||||
12 | (b) Information that, if disclosed, would constitute a | ||||||
13 | clearly
unwarranted invasion of personal privacy, unless | ||||||
14 | the disclosure is
consented to in writing by the individual | ||||||
15 | subjects of the information. The
disclosure of information | ||||||
16 | that bears on the public duties of public
employees and | ||||||
17 | officials shall not be considered an invasion of personal
| ||||||
18 | privacy. Information exempted under this subsection (b) | ||||||
19 | shall include but
is not limited to:
| ||||||
20 | (i) files and personal information maintained with | ||||||
21 | respect to
clients, patients, residents, students or | ||||||
22 | other individuals receiving
social, medical, | ||||||
23 | educational, vocational, financial, supervisory or
| ||||||
24 | custodial care or services directly or indirectly from | ||||||
25 | federal agencies
or public bodies;
|
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| |||||||
1 | (ii) personnel files and personal information | ||||||
2 | maintained with
respect to employees, appointees or | ||||||
3 | elected officials of any public body or
applicants for | ||||||
4 | those positions;
| ||||||
5 | (iii) files and personal information maintained | ||||||
6 | with respect to any
applicant, registrant or licensee | ||||||
7 | by any public body cooperating with or
engaged in | ||||||
8 | professional or occupational registration, licensure | ||||||
9 | or discipline;
| ||||||
10 | (iv) information required of any taxpayer in | ||||||
11 | connection with the
assessment or collection of any tax | ||||||
12 | unless disclosure is otherwise required
by State | ||||||
13 | statute;
| ||||||
14 | (v) information revealing the identity of persons | ||||||
15 | who file complaints
with or provide information to | ||||||
16 | administrative, investigative, law enforcement
or | ||||||
17 | penal agencies; provided, however, that identification | ||||||
18 | of witnesses to
traffic accidents, traffic accident | ||||||
19 | reports, and rescue reports may be provided
by agencies | ||||||
20 | of local government, except in a case for which a | ||||||
21 | criminal
investigation is ongoing, without | ||||||
22 | constituting a clearly unwarranted per se
invasion of | ||||||
23 | personal privacy under this subsection; and
| ||||||
24 | (vi) the names, addresses, or other personal | ||||||
25 | information of
participants and registrants in park | ||||||
26 | district, forest preserve district, and
conservation |
| |||||||
| |||||||
1 | district programs.
| ||||||
2 | (c) Records compiled by any public body for | ||||||
3 | administrative enforcement
proceedings and any law | ||||||
4 | enforcement or correctional agency for
law enforcement | ||||||
5 | purposes or for internal matters of a public body,
but only | ||||||
6 | to the extent that disclosure would:
| ||||||
7 | (i) interfere with pending or actually and | ||||||
8 | reasonably contemplated
law enforcement proceedings | ||||||
9 | conducted by any law enforcement or correctional
| ||||||
10 | agency;
| ||||||
11 | (ii) interfere with pending administrative | ||||||
12 | enforcement proceedings
conducted by any public body;
| ||||||
13 | (iii) deprive a person of a fair trial or an | ||||||
14 | impartial hearing;
| ||||||
15 | (iv) unavoidably disclose the identity of a | ||||||
16 | confidential source or
confidential information | ||||||
17 | furnished only by the confidential source;
| ||||||
18 | (v) disclose unique or specialized investigative | ||||||
19 | techniques other than
those generally used and known or | ||||||
20 | disclose internal documents of
correctional agencies | ||||||
21 | related to detection, observation or investigation of
| ||||||
22 | incidents of crime or misconduct;
| ||||||
23 | (vi) constitute an invasion of personal privacy | ||||||
24 | under subsection (b) of
this Section;
| ||||||
25 | (vii) endanger the life or physical safety of law | ||||||
26 | enforcement personnel
or any other person; or
|
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| |||||||
1 | (viii) obstruct an ongoing criminal investigation.
| ||||||
2 | (d) Criminal history record information maintained by | ||||||
3 | State or local
criminal justice agencies, except the | ||||||
4 | following which shall be open for
public inspection and | ||||||
5 | copying:
| ||||||
6 | (i) chronologically maintained arrest information, | ||||||
7 | such as traditional
arrest logs or blotters;
| ||||||
8 | (ii) the name of a person in the custody of a law | ||||||
9 | enforcement agency and
the charges for which that | ||||||
10 | person is being held;
| ||||||
11 | (iii) court records that are public;
| ||||||
12 | (iv) records that are otherwise available under | ||||||
13 | State or local law; or
| ||||||
14 | (v) records in which the requesting party is the | ||||||
15 | individual
identified, except as provided under part | ||||||
16 | (vii) of
paragraph (c) of subsection (1) of this | ||||||
17 | Section.
| ||||||
18 | "Criminal history record information" means data | ||||||
19 | identifiable to an
individual and consisting of | ||||||
20 | descriptions or notations of arrests,
detentions, | ||||||
21 | indictments, informations, pre-trial proceedings, trials, | ||||||
22 | or
other formal events in the criminal justice system or | ||||||
23 | descriptions or
notations of criminal charges (including | ||||||
24 | criminal violations of local
municipal ordinances) and the | ||||||
25 | nature of any disposition arising therefrom,
including | ||||||
26 | sentencing, court or correctional supervision, |
| |||||||
| |||||||
1 | rehabilitation and
release. The term does not apply to | ||||||
2 | statistical records and reports in
which individuals are | ||||||
3 | not identified and from which
their identities are not | ||||||
4 | ascertainable, or to information that is for
criminal | ||||||
5 | investigative or intelligence purposes.
| ||||||
6 | (e) Records that relate to or affect the security of | ||||||
7 | correctional
institutions and detention facilities.
| ||||||
8 | (f) Preliminary drafts, notes, recommendations, | ||||||
9 | memoranda and other
records in which opinions are | ||||||
10 | expressed, or policies or actions are
formulated, except | ||||||
11 | that a specific record or relevant portion of a
record | ||||||
12 | shall not be exempt when the record is publicly cited
and | ||||||
13 | identified by the head of the public body. The exemption | ||||||
14 | provided in
this paragraph (f) extends to all those records | ||||||
15 | of officers and agencies
of the General Assembly that | ||||||
16 | pertain to the preparation of legislative
documents.
| ||||||
17 | (g) Trade secrets and commercial or financial | ||||||
18 | information obtained from
a person or business where the | ||||||
19 | trade secrets or information are
proprietary, privileged | ||||||
20 | or confidential, or where disclosure of the trade
secrets | ||||||
21 | or information may cause competitive harm, including: | ||||||
22 | (i) All
information determined to be confidential | ||||||
23 | under Section 4002 of the
Technology Advancement and | ||||||
24 | Development Act. | ||||||
25 | (ii) All trade secrets and commercial or financial | ||||||
26 | information obtained by a public body, including a |
| |||||||
| |||||||
1 | public pension fund, from a private equity fund or a | ||||||
2 | privately held company within the investment portfolio | ||||||
3 | of a private equity fund as a result of either | ||||||
4 | investing or evaluating a potential investment of | ||||||
5 | public funds in a private equity fund. The exemption | ||||||
6 | contained in this item does not apply to the aggregate | ||||||
7 | financial performance information of a private equity | ||||||
8 | fund, nor to the identity of the fund's managers or | ||||||
9 | general partners. The exemption contained in this item | ||||||
10 | does not apply to the identity of a privately held | ||||||
11 | company within the investment portfolio of a private | ||||||
12 | equity fund, unless the disclosure of the identity of a | ||||||
13 | privately held company may cause competitive harm.
| ||||||
14 | Nothing contained in this
paragraph (g) shall be construed | ||||||
15 | to prevent a person or business from
consenting to disclosure.
| ||||||
16 | (h) Proposals and bids for any contract, grant, or | ||||||
17 | agreement, including
information which if it were | ||||||
18 | disclosed would frustrate procurement or give
an advantage | ||||||
19 | to any person proposing to enter into a contractor | ||||||
20 | agreement
with the body, until an award or final selection | ||||||
21 | is made. Information
prepared by or for the body in | ||||||
22 | preparation of a bid solicitation shall be
exempt until an | ||||||
23 | award or final selection is made.
| ||||||
24 | (i) Valuable formulae,
computer geographic systems,
| ||||||
25 | designs, drawings and research data obtained or
produced by | ||||||
26 | any public body when disclosure could reasonably be |
| |||||||
| |||||||
1 | expected to
produce private gain or public loss.
The | ||||||
2 | exemption for "computer geographic systems" provided in | ||||||
3 | this paragraph
(i) does not extend to requests made by news | ||||||
4 | media as defined in Section 2 of
this Act when the | ||||||
5 | requested information is not otherwise exempt and the only
| ||||||
6 | purpose of the request is to access and disseminate | ||||||
7 | information regarding the
health, safety, welfare, or | ||||||
8 | legal rights of the general public.
| ||||||
9 | (j) Test questions, scoring keys and other examination | ||||||
10 | data used to
administer an academic examination or | ||||||
11 | determined the qualifications of an
applicant for a license | ||||||
12 | or employment.
| ||||||
13 | (k) Architects' plans, engineers' technical | ||||||
14 | submissions, and
other
construction related technical | ||||||
15 | documents for
projects not constructed or developed in | ||||||
16 | whole or in part with public funds
and the same for | ||||||
17 | projects constructed or developed with public funds, but
| ||||||
18 | only to the extent
that disclosure would compromise | ||||||
19 | security, including but not limited to water
treatment | ||||||
20 | facilities, airport facilities, sport stadiums, convention | ||||||
21 | centers,
and all government owned, operated, or occupied | ||||||
22 | buildings.
| ||||||
23 | (l) Library circulation and order records identifying | ||||||
24 | library users with
specific materials.
| ||||||
25 | (m) Minutes of meetings of public bodies closed to the
| ||||||
26 | public as provided in the Open Meetings Act until the |
| |||||||
| |||||||
1 | public body
makes the minutes available to the public under | ||||||
2 | Section 2.06 of the Open
Meetings Act.
| ||||||
3 | (n) Communications between a public body and an | ||||||
4 | attorney or auditor
representing the public body that would | ||||||
5 | not be subject to discovery in
litigation, and materials | ||||||
6 | prepared or compiled by or for a public body in
| ||||||
7 | anticipation of a criminal, civil or administrative | ||||||
8 | proceeding upon the
request of an attorney advising the | ||||||
9 | public body, and materials prepared or
compiled with | ||||||
10 | respect to internal audits of public bodies.
| ||||||
11 | (o) Information received by a primary or secondary | ||||||
12 | school, college or
university under its procedures for the | ||||||
13 | evaluation of faculty members by
their academic peers.
| ||||||
14 | (p) Administrative or technical information associated | ||||||
15 | with automated
data processing operations, including but | ||||||
16 | not limited to software,
operating protocols, computer | ||||||
17 | program abstracts, file layouts, source
listings, object | ||||||
18 | modules, load modules, user guides, documentation
| ||||||
19 | pertaining to all logical and physical design of | ||||||
20 | computerized systems,
employee manuals, and any other | ||||||
21 | information that, if disclosed, would
jeopardize the | ||||||
22 | security of the system or its data or the security of
| ||||||
23 | materials exempt under this Section.
| ||||||
24 | (q) Documents or materials relating to collective | ||||||
25 | negotiating matters
between public bodies and their | ||||||
26 | employees or representatives, except that
any final |
| |||||||
| |||||||
1 | contract or agreement shall be subject to inspection and | ||||||
2 | copying.
| ||||||
3 | (r) Drafts, notes, recommendations and memoranda | ||||||
4 | pertaining to the
financing and marketing transactions of | ||||||
5 | the public body. The records of
ownership, registration, | ||||||
6 | transfer, and exchange of municipal debt
obligations, and | ||||||
7 | of persons to whom payment with respect to these | ||||||
8 | obligations
is made.
| ||||||
9 | (s) The records, documents and information relating to | ||||||
10 | real estate
purchase negotiations until those negotiations | ||||||
11 | have been completed or
otherwise terminated. With regard to | ||||||
12 | a parcel involved in a pending or
actually and reasonably | ||||||
13 | contemplated eminent domain proceeding under the Eminent | ||||||
14 | Domain Act, records, documents and
information relating to | ||||||
15 | that parcel shall be exempt except as may be
allowed under | ||||||
16 | discovery rules adopted by the Illinois Supreme Court. The
| ||||||
17 | records, documents and information relating to a real | ||||||
18 | estate sale shall be
exempt until a sale is consummated.
| ||||||
19 | (t) Any and all proprietary information and records | ||||||
20 | related to the
operation of an intergovernmental risk | ||||||
21 | management association or
self-insurance pool or jointly | ||||||
22 | self-administered health and accident
cooperative or pool.
| ||||||
23 | (u) Information concerning a university's adjudication | ||||||
24 | of student or
employee grievance or disciplinary cases, to | ||||||
25 | the extent that disclosure
would reveal the identity of the | ||||||
26 | student or employee and information
concerning any public |
| |||||||
| |||||||
1 | body's adjudication of student or employee grievances
or | ||||||
2 | disciplinary cases, except for the final outcome of the | ||||||
3 | 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 restricted | ||||||
15 | under Section
5-108 of the Public Utilities Act.
| ||||||
16 | (z) Manuals or instruction to staff that relate to | ||||||
17 | establishment or
collection of liability for any State tax | ||||||
18 | or that relate to investigations
by a public body to | ||||||
19 | determine violation of any criminal law.
| ||||||
20 | (aa) Applications, related documents, and medical | ||||||
21 | records received by
the Experimental Organ Transplantation | ||||||
22 | Procedures Board and any and all
documents or other records | ||||||
23 | prepared by the Experimental Organ
Transplantation | ||||||
24 | Procedures Board or its staff relating to applications
it | ||||||
25 | has received.
| ||||||
26 | (bb) Insurance or self insurance (including any |
| |||||||
| |||||||
1 | intergovernmental risk
management association or self | ||||||
2 | insurance pool) claims, loss or risk
management | ||||||
3 | information, records, data, advice or communications.
| ||||||
4 | (cc) Information and records held by the Department of | ||||||
5 | Public Health and
its authorized representatives relating | ||||||
6 | to known or suspected cases of
sexually transmissible | ||||||
7 | disease or any information the disclosure of which
is | ||||||
8 | restricted under the Illinois Sexually Transmissible | ||||||
9 | Disease Control Act.
| ||||||
10 | (dd) Information the disclosure of which is exempted | ||||||
11 | under Section 30
of the Radon Industry Licensing Act.
| ||||||
12 | (ee) Firm performance evaluations under Section 55 of | ||||||
13 | the
Architectural, Engineering, and Land Surveying | ||||||
14 | Qualifications Based
Selection Act.
| ||||||
15 | (ff) Security portions of system safety program plans, | ||||||
16 | investigation
reports, surveys, schedules, lists, data, or | ||||||
17 | information compiled, collected,
or prepared by or for the | ||||||
18 | Regional Transportation Authority under Section 2.11
of | ||||||
19 | the Regional Transportation Authority Act or the St. Clair | ||||||
20 | County Transit
District under the
Bi-State Transit Safety | ||||||
21 | Act.
| ||||||
22 | (gg) Information the disclosure of which is restricted | ||||||
23 | and
exempted under Section 50 of the Illinois Prepaid | ||||||
24 | Tuition Act.
| ||||||
25 | (hh) Information the disclosure of which is
exempted | ||||||
26 | under the State Officials and Employees Ethics Act.
|
| |||||||
| |||||||
1 | (ii) Beginning July 1, 1999, information that would | ||||||
2 | disclose
or might lead to the disclosure of
secret or | ||||||
3 | confidential information, codes, algorithms, programs, or | ||||||
4 | private
keys intended to be used to create electronic or | ||||||
5 | digital signatures under the
Electronic Commerce Security | ||||||
6 | Act.
| ||||||
7 | (jj) Information contained in a local emergency energy | ||||||
8 | plan submitted to
a municipality in accordance with a local | ||||||
9 | emergency energy plan ordinance that
is adopted under | ||||||
10 | Section 11-21.5-5 of the Illinois Municipal Code.
| ||||||
11 | (kk) Information and data concerning the distribution | ||||||
12 | of
surcharge moneys collected and remitted by wireless | ||||||
13 | carriers under the Wireless
Emergency Telephone Safety | ||||||
14 | Act.
| ||||||
15 | (ll) Vulnerability assessments, security measures, and | ||||||
16 | response policies
or plans that are designed to identify, | ||||||
17 | prevent, or respond to potential
attacks upon a community's | ||||||
18 | population or systems, facilities, or installations,
the | ||||||
19 | destruction or contamination of which would constitute a | ||||||
20 | clear and present
danger to the health or safety of the | ||||||
21 | community, but only to the extent that
disclosure could | ||||||
22 | reasonably be expected to jeopardize the effectiveness of | ||||||
23 | the
measures or the safety of the personnel who implement | ||||||
24 | them or the public.
Information exempt under this item may | ||||||
25 | include such things as details
pertaining to the | ||||||
26 | mobilization or deployment of personnel or equipment, to |
| |||||||
| |||||||
1 | the
operation of communication systems or protocols, or to | ||||||
2 | tactical operations.
| ||||||
3 | (mm) Maps and other records regarding the location or | ||||||
4 | security of generation, transmission, distribution, | ||||||
5 | storage, gathering,
treatment, or switching facilities | ||||||
6 | owned by a utility or by the Illinois Power Agency.
| ||||||
7 | (nn) Law enforcement officer identification | ||||||
8 | information or
driver
identification
information compiled | ||||||
9 | by a law enforcement agency or the Department of
| ||||||
10 | Transportation
under Section 11-212 of the Illinois | ||||||
11 | Vehicle Code.
| ||||||
12 | (oo) Records and information provided to a residential
| ||||||
13 | health care
facility resident sexual assault
and death | ||||||
14 | review team or the Executive Council under the Abuse | ||||||
15 | Prevention Review Team Act.
| ||||||
16 | (pp) Information provided to the predatory lending | ||||||
17 | database created pursuant to Article 3 of the Residential | ||||||
18 | Real Property Disclosure Act, except to the extent | ||||||
19 | authorized under that Article.
| ||||||
20 | (qq) Defense budgets and petitions for certification | ||||||
21 | of compensation and expenses for court appointed trial | ||||||
22 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
23 | Crimes Litigation Act. This subsection (qq) shall apply | ||||||
24 | until the conclusion of the trial of the case, even if the | ||||||
25 | prosecution chooses not to pursue the death penalty prior | ||||||
26 | to trial or sentencing.
|
| |||||||
| |||||||
1 | (rr) Information contained in or related to proposals, | ||||||
2 | bids, or negotiations related to electric power | ||||||
3 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
4 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
5 | is determined to be confidential and proprietary by the | ||||||
6 | Illinois Power Agency or by the Illinois Commerce | ||||||
7 | Commission.
| ||||||
8 | (ss) Information that is prohibited from being | ||||||
9 | disclosed under Section 4 of the Illinois Health and | ||||||
10 | Hazardous Substances Registry Act. | ||||||
11 | (tt) Information about students exempted from | ||||||
12 | disclosure under Sections 10-20.38 or 34-18.29 of the School | ||||||
13 | Code, and information about undergraduate students enrolled at | ||||||
14 | an institution of higher education exempted from disclosure | ||||||
15 | under Section 25 of the Illinois Credit Card Marketing Act of | ||||||
16 | 2009. | ||||||
17 | (2) This Section does not authorize withholding of | ||||||
18 | information or limit the
availability of records to the public, | ||||||
19 | except as stated in this Section or
otherwise provided in this | ||||||
20 | Act.
| ||||||
21 | (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, | ||||||
22 | eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; | ||||||
23 | 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. | ||||||
24 | 8-28-07; 95-941, eff. 8-29-08.)
| ||||||
25 | (Text of Section after amendment by P.A. 95-988 ) |
| |||||||
| |||||||
1 | Sec. 7. Exemptions.
| ||||||
2 | (1) The following shall be exempt from inspection and | ||||||
3 | copying:
| ||||||
4 | (a) Information specifically prohibited from | ||||||
5 | disclosure by federal or
State law or rules and regulations | ||||||
6 | adopted under federal or State law.
| ||||||
7 | (b) Information that, if disclosed, would constitute a | ||||||
8 | clearly
unwarranted invasion of personal privacy, unless | ||||||
9 | the disclosure is
consented to in writing by the individual | ||||||
10 | subjects of the information. The
disclosure of information | ||||||
11 | that bears on the public duties of public
employees and | ||||||
12 | officials shall not be considered an invasion of personal
| ||||||
13 | privacy. Information exempted under this subsection (b) | ||||||
14 | shall include but
is not limited to:
| ||||||
15 | (i) files and personal information maintained with | ||||||
16 | respect to
clients, patients, residents, students or | ||||||
17 | other individuals receiving
social, medical, | ||||||
18 | educational, vocational, financial, supervisory or
| ||||||
19 | custodial care or services directly or indirectly from | ||||||
20 | federal agencies
or public bodies;
| ||||||
21 | (ii) personnel files and personal information | ||||||
22 | maintained with
respect to employees, appointees or | ||||||
23 | elected officials of any public body or
applicants for | ||||||
24 | those positions;
| ||||||
25 | (iii) files and personal information maintained | ||||||
26 | with respect to any
applicant, registrant or licensee |
| |||||||
| |||||||
1 | by any public body cooperating with or
engaged in | ||||||
2 | professional or occupational registration, licensure | ||||||
3 | or discipline;
| ||||||
4 | (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;
| ||||||
8 | (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;
| ||||||
18 | (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; and
| ||||||
22 | (vii) the Notarial Record or other medium | ||||||
23 | containing the thumbprint or fingerprint required by | ||||||
24 | Section 3-102(c)(6) of the Illinois Notary Public Act. | ||||||
25 | (c) Records compiled by any public body for | ||||||
26 | administrative enforcement
proceedings and any law |
| |||||||
| |||||||
1 | enforcement or correctional agency for
law enforcement | ||||||
2 | purposes or for internal matters of a public body,
but only | ||||||
3 | to the extent that disclosure would:
| ||||||
4 | (i) interfere with pending or actually and | ||||||
5 | reasonably contemplated
law enforcement proceedings | ||||||
6 | conducted by any law enforcement or correctional
| ||||||
7 | agency;
| ||||||
8 | (ii) interfere with pending administrative | ||||||
9 | enforcement proceedings
conducted by any public body;
| ||||||
10 | (iii) deprive a person of a fair trial or an | ||||||
11 | impartial hearing;
| ||||||
12 | (iv) unavoidably disclose the identity of a | ||||||
13 | confidential source or
confidential information | ||||||
14 | furnished only by the confidential source;
| ||||||
15 | (v) disclose unique or specialized investigative | ||||||
16 | techniques other than
those generally used and known or | ||||||
17 | disclose internal documents of
correctional agencies | ||||||
18 | related to detection, observation or investigation of
| ||||||
19 | incidents of crime or misconduct;
| ||||||
20 | (vi) constitute an invasion of personal privacy | ||||||
21 | under subsection (b) of
this Section;
| ||||||
22 | (vii) endanger the life or physical safety of law | ||||||
23 | enforcement personnel
or any other person; or
| ||||||
24 | (viii) obstruct an ongoing criminal investigation.
| ||||||
25 | (d) Criminal history record information maintained by | ||||||
26 | State or local
criminal justice agencies, except the |
| |||||||
| |||||||
1 | following which shall be open for
public inspection and | ||||||
2 | copying:
| ||||||
3 | (i) chronologically maintained arrest information, | ||||||
4 | such as traditional
arrest logs or blotters;
| ||||||
5 | (ii) the name of a person in the custody of a law | ||||||
6 | enforcement agency and
the charges for which that | ||||||
7 | person is being held;
| ||||||
8 | (iii) court records that are public;
| ||||||
9 | (iv) records that are otherwise available under | ||||||
10 | State or local law; or
| ||||||
11 | (v) records in which the requesting party is the | ||||||
12 | individual
identified, except as provided under part | ||||||
13 | (vii) of
paragraph (c) of subsection (1) of this | ||||||
14 | Section.
| ||||||
15 | "Criminal history record information" means data | ||||||
16 | identifiable to an
individual and consisting of | ||||||
17 | descriptions or notations of arrests,
detentions, | ||||||
18 | indictments, informations, pre-trial proceedings, trials, | ||||||
19 | or
other formal events in the criminal justice system or | ||||||
20 | descriptions or
notations of criminal charges (including | ||||||
21 | criminal violations of local
municipal ordinances) and the | ||||||
22 | nature of any disposition arising therefrom,
including | ||||||
23 | sentencing, court or correctional supervision, | ||||||
24 | rehabilitation and
release. The term does not apply to | ||||||
25 | statistical records and reports in
which individuals are | ||||||
26 | not identified and from which
their identities are not |
| |||||||
| |||||||
1 | ascertainable, or to information that is for
criminal | ||||||
2 | investigative or intelligence purposes.
| ||||||
3 | (e) Records that relate to or affect the security of | ||||||
4 | correctional
institutions and detention facilities.
| ||||||
5 | (f) Preliminary drafts, notes, recommendations, | ||||||
6 | memoranda and other
records in which opinions are | ||||||
7 | expressed, or policies or actions are
formulated, except | ||||||
8 | that a specific record or relevant portion of a
record | ||||||
9 | shall not be exempt when the record is publicly cited
and | ||||||
10 | identified by the head of the public body. The exemption | ||||||
11 | provided in
this paragraph (f) extends to all those records | ||||||
12 | of officers and agencies
of the General Assembly that | ||||||
13 | pertain to the preparation of legislative
documents.
| ||||||
14 | (g) Trade secrets and commercial or financial | ||||||
15 | information obtained from
a person or business where the | ||||||
16 | trade secrets or information are
proprietary, privileged | ||||||
17 | or confidential, or where disclosure of the trade
secrets | ||||||
18 | or information may cause competitive harm, including: | ||||||
19 | (i) All
information determined to be confidential | ||||||
20 | under Section 4002 of the
Technology Advancement and | ||||||
21 | Development Act. | ||||||
22 | (ii) All trade secrets and commercial or financial | ||||||
23 | information obtained by a public body, including a | ||||||
24 | public pension fund, from a private equity fund or a | ||||||
25 | privately held company within the investment portfolio | ||||||
26 | of a private equity fund as a result of either |
| |||||||
| |||||||
1 | investing or evaluating a potential investment of | ||||||
2 | public funds in a private equity fund. The exemption | ||||||
3 | contained in this item does not apply to the aggregate | ||||||
4 | financial performance information of a private equity | ||||||
5 | fund, nor to the identity of the fund's managers or | ||||||
6 | general partners. The exemption contained in this item | ||||||
7 | does not apply to the identity of a privately held | ||||||
8 | company within the investment portfolio of a private | ||||||
9 | equity fund, unless the disclosure of the identity of a | ||||||
10 | privately held company may cause competitive harm.
| ||||||
11 | Nothing contained in this
paragraph (g) shall be construed | ||||||
12 | to prevent a person or business from
consenting to disclosure.
| ||||||
13 | (h) Proposals and bids for any contract, grant, or | ||||||
14 | agreement, including
information which if it were | ||||||
15 | disclosed would frustrate procurement or give
an advantage | ||||||
16 | to any person proposing to enter into a contractor | ||||||
17 | agreement
with the body, until an award or final selection | ||||||
18 | is made. Information
prepared by or for the body in | ||||||
19 | preparation of a bid solicitation shall be
exempt until an | ||||||
20 | award or final selection is made.
| ||||||
21 | (i) Valuable formulae,
computer geographic systems,
| ||||||
22 | designs, drawings and research data obtained or
produced by | ||||||
23 | any public body when disclosure could reasonably be | ||||||
24 | expected to
produce private gain or public loss.
The | ||||||
25 | exemption for "computer geographic systems" provided in | ||||||
26 | this paragraph
(i) does not extend to requests made by news |
| |||||||
| |||||||
1 | media as defined in Section 2 of
this Act when the | ||||||
2 | requested information is not otherwise exempt and the only
| ||||||
3 | purpose of the request is to access and disseminate | ||||||
4 | information regarding the
health, safety, welfare, or | ||||||
5 | legal rights of the general public.
| ||||||
6 | (j) Test questions, scoring keys and other examination | ||||||
7 | data used to
administer an academic examination or | ||||||
8 | determined the qualifications of an
applicant for a license | ||||||
9 | or employment.
| ||||||
10 | (k) Architects' plans, engineers' technical | ||||||
11 | submissions, and
other
construction related technical | ||||||
12 | documents for
projects not constructed or developed in | ||||||
13 | whole or in part with public funds
and the same for | ||||||
14 | projects constructed or developed with public funds, but
| ||||||
15 | only to the extent
that disclosure would compromise | ||||||
16 | security, including but not limited to water
treatment | ||||||
17 | facilities, airport facilities, sport stadiums, convention | ||||||
18 | centers,
and all government owned, operated, or occupied | ||||||
19 | buildings.
| ||||||
20 | (l) Library circulation and order records identifying | ||||||
21 | library users with
specific materials.
| ||||||
22 | (m) Minutes of meetings of public bodies closed to the
| ||||||
23 | public as provided in the Open Meetings Act until the | ||||||
24 | public body
makes the minutes available to the public under | ||||||
25 | Section 2.06 of the Open
Meetings Act.
| ||||||
26 | (n) Communications between a public body and an |
| |||||||
| |||||||
1 | attorney or auditor
representing the public body that would | ||||||
2 | not be subject to discovery in
litigation, and materials | ||||||
3 | prepared or compiled by or for a public body in
| ||||||
4 | anticipation of a criminal, civil or administrative | ||||||
5 | proceeding upon the
request of an attorney advising the | ||||||
6 | public body, and materials prepared or
compiled with | ||||||
7 | respect to internal audits of public bodies.
| ||||||
8 | (o) Information received by a primary or secondary | ||||||
9 | school, college or
university under its procedures for the | ||||||
10 | evaluation of faculty members by
their academic peers.
| ||||||
11 | (p) Administrative or technical information associated | ||||||
12 | with automated
data processing operations, including but | ||||||
13 | not limited to software,
operating protocols, computer | ||||||
14 | program abstracts, file layouts, source
listings, object | ||||||
15 | modules, load modules, user guides, documentation
| ||||||
16 | pertaining to all logical and physical design of | ||||||
17 | computerized systems,
employee manuals, and any other | ||||||
18 | information that, if disclosed, would
jeopardize the | ||||||
19 | security of the system or its data or the security of
| ||||||
20 | materials exempt under this Section.
| ||||||
21 | (q) Documents or materials relating to collective | ||||||
22 | negotiating matters
between public bodies and their | ||||||
23 | employees or representatives, except that
any final | ||||||
24 | contract or agreement shall be subject to inspection and | ||||||
25 | copying.
| ||||||
26 | (r) Drafts, notes, recommendations and memoranda |
| |||||||
| |||||||
1 | pertaining to the
financing and marketing transactions of | ||||||
2 | the public body. The records of
ownership, registration, | ||||||
3 | transfer, and exchange of municipal debt
obligations, and | ||||||
4 | of persons to whom payment with respect to these | ||||||
5 | obligations
is made.
| ||||||
6 | (s) The records, documents and information relating to | ||||||
7 | real estate
purchase negotiations until those negotiations | ||||||
8 | have been completed or
otherwise terminated. With regard to | ||||||
9 | a parcel involved in a pending or
actually and reasonably | ||||||
10 | contemplated eminent domain proceeding under the Eminent | ||||||
11 | Domain Act, records, documents and
information relating to | ||||||
12 | that parcel shall be exempt except as may be
allowed under | ||||||
13 | discovery rules adopted by the Illinois Supreme Court. The
| ||||||
14 | records, documents and information relating to a real | ||||||
15 | estate sale shall be
exempt until a sale is consummated.
| ||||||
16 | (t) Any and all proprietary information and records | ||||||
17 | related to the
operation of an intergovernmental risk | ||||||
18 | management association or
self-insurance pool or jointly | ||||||
19 | self-administered health and accident
cooperative or pool.
| ||||||
20 | (u) Information concerning a university's adjudication | ||||||
21 | of student or
employee grievance or disciplinary cases, to | ||||||
22 | the extent that disclosure
would reveal the identity of the | ||||||
23 | student or employee and information
concerning any public | ||||||
24 | body's adjudication of student or employee grievances
or | ||||||
25 | disciplinary cases, except for the final outcome of the | ||||||
26 | cases.
|
| |||||||
| |||||||
1 | (v) Course materials or research materials used by | ||||||
2 | faculty members.
| ||||||
3 | (w) Information related solely to the internal | ||||||
4 | personnel rules and
practices of a public body.
| ||||||
5 | (x) Information contained in or related to | ||||||
6 | examination, operating, or
condition reports prepared by, | ||||||
7 | on behalf of, or for the use of a public
body responsible | ||||||
8 | for the regulation or supervision of financial
| ||||||
9 | institutions or insurance companies, unless disclosure is | ||||||
10 | otherwise
required by State law.
| ||||||
11 | (y) Information the disclosure of which is restricted | ||||||
12 | under Section
5-108 of the Public Utilities Act.
| ||||||
13 | (z) Manuals or instruction to staff that relate to | ||||||
14 | establishment or
collection of liability for any State tax | ||||||
15 | or that relate to investigations
by a public body to | ||||||
16 | determine violation of any criminal law.
| ||||||
17 | (aa) Applications, related documents, and medical | ||||||
18 | records received by
the Experimental Organ Transplantation | ||||||
19 | Procedures Board and any and all
documents or other records | ||||||
20 | prepared by the Experimental Organ
Transplantation | ||||||
21 | Procedures Board or its staff relating to applications
it | ||||||
22 | has received.
| ||||||
23 | (bb) Insurance or self insurance (including any | ||||||
24 | intergovernmental risk
management association or self | ||||||
25 | insurance pool) claims, loss or risk
management | ||||||
26 | information, records, data, advice or communications.
|
| |||||||
| |||||||
1 | (cc) Information and records held by the Department of | ||||||
2 | Public Health and
its authorized representatives relating | ||||||
3 | to known or suspected cases of
sexually transmissible | ||||||
4 | disease or any information the disclosure of which
is | ||||||
5 | restricted under the Illinois Sexually Transmissible | ||||||
6 | Disease Control Act.
| ||||||
7 | (dd) Information the disclosure of which is exempted | ||||||
8 | under Section 30
of the Radon Industry Licensing Act.
| ||||||
9 | (ee) Firm performance evaluations under Section 55 of | ||||||
10 | the
Architectural, Engineering, and Land Surveying | ||||||
11 | Qualifications Based
Selection Act.
| ||||||
12 | (ff) Security portions of system safety program plans, | ||||||
13 | investigation
reports, surveys, schedules, lists, data, or | ||||||
14 | information compiled, collected,
or prepared by or for the | ||||||
15 | Regional Transportation Authority under Section 2.11
of | ||||||
16 | the Regional Transportation Authority Act or the St. Clair | ||||||
17 | County Transit
District under the
Bi-State Transit Safety | ||||||
18 | Act.
| ||||||
19 | (gg) Information the disclosure of which is restricted | ||||||
20 | and
exempted under Section 50 of the Illinois Prepaid | ||||||
21 | Tuition Act.
| ||||||
22 | (hh) Information the disclosure of which is
exempted | ||||||
23 | under the State Officials and Employees Ethics Act.
| ||||||
24 | (ii) Beginning July 1, 1999, information that would | ||||||
25 | disclose
or might lead to the disclosure of
secret or | ||||||
26 | confidential information, codes, algorithms, programs, or |
| |||||||
| |||||||
1 | private
keys intended to be used to create electronic or | ||||||
2 | digital signatures under the
Electronic Commerce Security | ||||||
3 | Act.
| ||||||
4 | (jj) Information contained in a local emergency energy | ||||||
5 | plan submitted to
a municipality in accordance with a local | ||||||
6 | emergency energy plan ordinance that
is adopted under | ||||||
7 | Section 11-21.5-5 of the Illinois Municipal Code.
| ||||||
8 | (kk) Information and data concerning the distribution | ||||||
9 | of
surcharge moneys collected and remitted by wireless | ||||||
10 | carriers under the Wireless
Emergency Telephone Safety | ||||||
11 | Act.
| ||||||
12 | (ll) Vulnerability assessments, security measures, and | ||||||
13 | response policies
or plans that are designed to identify, | ||||||
14 | prevent, or respond to potential
attacks upon a community's | ||||||
15 | population or systems, facilities, or installations,
the | ||||||
16 | destruction or contamination of which would constitute a | ||||||
17 | clear and present
danger to the health or safety of the | ||||||
18 | community, but only to the extent that
disclosure could | ||||||
19 | reasonably be expected to jeopardize the effectiveness of | ||||||
20 | the
measures or the safety of the personnel who implement | ||||||
21 | them or the public.
Information exempt under this item may | ||||||
22 | include such things as details
pertaining to the | ||||||
23 | mobilization or deployment of personnel or equipment, to | ||||||
24 | the
operation of communication systems or protocols, or to | ||||||
25 | tactical operations.
| ||||||
26 | (mm) Maps and other records regarding the location or |
| |||||||
| |||||||
1 | security of generation, transmission, distribution, | ||||||
2 | storage, gathering,
treatment, or switching facilities | ||||||
3 | owned by a utility or by the Illinois Power Agency.
| ||||||
4 | (nn) Law enforcement officer identification | ||||||
5 | information or
driver
identification
information compiled | ||||||
6 | by a law enforcement agency or the Department of
| ||||||
7 | Transportation
under Section 11-212 of the Illinois | ||||||
8 | Vehicle Code.
| ||||||
9 | (oo) Records and information provided to a residential
| ||||||
10 | health care
facility resident sexual assault
and death | ||||||
11 | review team or the Executive Council under the Abuse | ||||||
12 | Prevention Review Team Act.
| ||||||
13 | (pp) Information provided to the predatory lending | ||||||
14 | database created pursuant to Article 3 of the Residential | ||||||
15 | Real Property Disclosure Act, except to the extent | ||||||
16 | authorized under that Article.
| ||||||
17 | (qq) Defense budgets and petitions for certification | ||||||
18 | of compensation and expenses for court appointed trial | ||||||
19 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
20 | Crimes Litigation Act. This subsection (qq) shall apply | ||||||
21 | until the conclusion of the trial of the case, even if the | ||||||
22 | prosecution chooses not to pursue the death penalty prior | ||||||
23 | to trial or sentencing.
| ||||||
24 | (rr) Information contained in or related to proposals, | ||||||
25 | bids, or negotiations related to electric power | ||||||
26 | procurement under Section 1-75 of the Illinois Power Agency |
| |||||||
| |||||||
1 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
2 | is determined to be confidential and proprietary by the | ||||||
3 | Illinois Power Agency or by the Illinois Commerce | ||||||
4 | Commission.
| ||||||
5 | (ss) Information that is prohibited from being | ||||||
6 | disclosed under Section 4 of the Illinois Health and | ||||||
7 | Hazardous Substances Registry Act. | ||||||
8 | (tt) Information about students exempted from | ||||||
9 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
10 | School Code, and information about undergraduate students | ||||||
11 | enrolled at an institution of higher education exempted | ||||||
12 | from disclosure under Section 25 of the Illinois Credit | ||||||
13 | Card Marketing Act of 2009. | ||||||
14 | (2) This Section does not authorize withholding of | ||||||
15 | information or limit the
availability of records to the public, | ||||||
16 | except as stated in this Section or
otherwise provided in this | ||||||
17 | Act.
| ||||||
18 | (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, | ||||||
19 | eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; | ||||||
20 | 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. | ||||||
21 | 8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised | ||||||
22 | 10-20-08.) | ||||||
23 | Section 905. The School Code is amended by changing | ||||||
24 | Sections 10-20.38 and 34-18.29 as follows:
|
| |||||||
| |||||||
1 | (105 ILCS 5/10-20.38)
| ||||||
2 | Sec. 10-20.38. Provision of student information
| ||||||
3 | prohibited. A school district , including its agents, | ||||||
4 | employees, student or alumni associations, or any affiliates, | ||||||
5 | may not provide a student's name, address,
telephone number, | ||||||
6 | social security number, e-mail address, or other personal
| ||||||
7 | identifying information to a business organization or | ||||||
8 | financial institution
that issues credit or debit cards.
| ||||||
9 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
10 | (105 ILCS 5/34-18.29)
| ||||||
11 | Sec. 34-18.29. Provision of student information | ||||||
12 | prohibited. The school
district , including its agents, | ||||||
13 | employees, student or alumni associations, or any affiliates,
| ||||||
14 | may not provide a student's name, address, telephone
number, | ||||||
15 | social security number, e-mail address, or other personal
| ||||||
16 | identifying information to a business organization or | ||||||
17 | financial institution
that issues credit or debit cards.
| ||||||
18 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
19 | Section 910. The University of Illinois Act is amended by | ||||||
20 | changing Section 30 as follows:
| ||||||
21 | (110 ILCS 305/30)
| ||||||
22 | Sec. 30. Provision of student and social security
| ||||||
23 | information prohibited. |
| |||||||
| |||||||
1 | (a) The University , including its agents, employees, | ||||||
2 | student or alumni organizations, or any affiliates,
may not | ||||||
3 | provide a student's name, address, telephone
number, social | ||||||
4 | security number, e-mail address, or other personal identifying
| ||||||
5 | information
to a
business organization or financial | ||||||
6 | institution that issues credit or debit
cards, unless the | ||||||
7 | student is 21 years of age or older. | ||||||
8 | (b) The University may not print an individual's social | ||||||
9 | security number on any card or other document required for the | ||||||
10 | individual to access products or services provided by the | ||||||
11 | University.
| ||||||
12 | (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| ||||||
13 | Section 915. The Southern Illinois University Management | ||||||
14 | Act is amended by changing Section 16 as follows:
| ||||||
15 | (110 ILCS 520/16)
| ||||||
16 | Sec. 16. Provision of student and social security
| ||||||
17 | information prohibited. | ||||||
18 | (a) The
University , including its agents, employees, | ||||||
19 | student or alumni organizations, or any affiliates, may not | ||||||
20 | provide a student's name, address, telephone number,
social | ||||||
21 | security number, e-mail address, or other personal identifying
| ||||||
22 | information to a business organization or financial | ||||||
23 | institution that issues
credit or debit cards, unless the | ||||||
24 | student is 21 years of age or older.
|
| |||||||
| |||||||
1 | (b) The University may not print an individual's social | ||||||
2 | security number on any card or other document required for the | ||||||
3 | individual to access products or services provided by the | ||||||
4 | University.
| ||||||
5 | (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| ||||||
6 | Section 920. The Chicago State University Law is amended by | ||||||
7 | changing Section 5-125 as follows:
| ||||||
8 | (110 ILCS 660/5-125)
| ||||||
9 | Sec. 5-125. Provision of student and social security
| ||||||
10 | information prohibited. | ||||||
11 | (a) The
University , including its agents, employees, | ||||||
12 | student or alumni organizations, or any affiliates, may not | ||||||
13 | provide a student's name, address,
telephone number, social | ||||||
14 | security number, e-mail address, or other personal
identifying
| ||||||
15 | information
to a business organization or financial | ||||||
16 | institution that issues credit or
debit cards, unless the | ||||||
17 | student is 21 years of age or older.
| ||||||
18 | (b) The University may not print an individual's social | ||||||
19 | security number on any card or other document required for the | ||||||
20 | individual to access products or services provided by the | ||||||
21 | University.
| ||||||
22 | (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| ||||||
23 | Section 925. The Eastern Illinois University Law is amended |
| |||||||
| |||||||
1 | by changing Section 10-125 as follows:
| ||||||
2 | (110 ILCS 665/10-125)
| ||||||
3 | Sec. 10-125. Provision of student and social security | ||||||
4 | information prohibited. | ||||||
5 | (a)
The
University , including its agents, employees, | ||||||
6 | student or alumni organizations, or any affiliates, may not | ||||||
7 | provide a student's name, address,
telephone number, social | ||||||
8 | security number, e-mail address, or other personal
identifying
| ||||||
9 | information
to a business organization or financial | ||||||
10 | institution that issues credit or
debit cards, unless the | ||||||
11 | student is 21 years of age or older.
| ||||||
12 | (b) The University may not print an individual's social | ||||||
13 | security number on any card or other document required for the | ||||||
14 | individual to access products or services provided by the | ||||||
15 | University.
| ||||||
16 | (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| ||||||
17 | Section 930. The Governors State University Law is amended | ||||||
18 | by changing Section 15-125 as follows:
| ||||||
19 | (110 ILCS 670/15-125)
| ||||||
20 | Sec. 15-125. Provision of student and social security | ||||||
21 | information prohibited. | ||||||
22 | (a)
The
University , including its agents, employees, | ||||||
23 | student or alumni organizations, or any affiliates, may not |
| |||||||
| |||||||
1 | provide a student's name, address,
telephone number, social | ||||||
2 | security number, e-mail address, or other personal
identifying
| ||||||
3 | information
to a business organization or financial | ||||||
4 | institution that issues credit or
debit cards, unless the | ||||||
5 | student is 21 years of age or older.
| ||||||
6 | (b) The University may not print an individual's social | ||||||
7 | security number on any card or other document required for the | ||||||
8 | individual to access products or services provided by the | ||||||
9 | University.
| ||||||
10 | (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| ||||||
11 | Section 935. The Illinois State University Law is amended | ||||||
12 | by changing Section 20-130 as follows:
| ||||||
13 | (110 ILCS 675/20-130)
| ||||||
14 | Sec. 20-130. Provision of student and social security | ||||||
15 | information prohibited.
| ||||||
16 | (a) The University , including its agents, employees, | ||||||
17 | student or alumni organizations, or any affiliates, may not | ||||||
18 | provide a student's name, address, telephone number,
social | ||||||
19 | security number, e-mail address, or other personal identifying
| ||||||
20 | information to a business organization or financial | ||||||
21 | institution that issues
credit or debit cards, unless the | ||||||
22 | student is 21 years of age or older.
| ||||||
23 | (b) The University may not print an individual's social | ||||||
24 | security number on any card or other document required for the |
| |||||||
| |||||||
1 | individual to access products or services provided by the | ||||||
2 | University.
| ||||||
3 | (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| ||||||
4 | Section 940. The Northeastern Illinois University Law is | ||||||
5 | amended by changing Section 25-125 as follows:
| ||||||
6 | (110 ILCS 680/25-125)
| ||||||
7 | Sec. 25-125. Provision of student and social security | ||||||
8 | information prohibited. | ||||||
9 | (a)
The
University , including its agents, employees, | ||||||
10 | student or alumni organizations, or any affiliates, may not | ||||||
11 | provide a student's name, address,
telephone number, social | ||||||
12 | security number, e-mail address, or other personal
identifying
| ||||||
13 | information
to a business organization or financial | ||||||
14 | institution that issues credit or
debit cards, unless the | ||||||
15 | student is 21 years of age or older.
| ||||||
16 | (b) The University may not print an individual's social | ||||||
17 | security number on any card or other document required for the | ||||||
18 | individual to access products or services provided by the | ||||||
19 | University.
| ||||||
20 | (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| ||||||
21 | Section 945. The Northern Illinois University Law is | ||||||
22 | amended by changing Section 30-135 as follows:
|
| |||||||
| |||||||
1 | (110 ILCS 685/30-135)
| ||||||
2 | Sec. 30-135. Provision of student and social security | ||||||
3 | information prohibited. | ||||||
4 | (a)
The University , including its agents, employees, | ||||||
5 | student or alumni organizations, or any affiliates, may not | ||||||
6 | provide a student's name, address, telephone number,
social | ||||||
7 | security number, e-mail address, or other personal identifying
| ||||||
8 | information to a business organization or financial | ||||||
9 | institution that issues
credit or debit cards, unless the | ||||||
10 | student is 21 years of age or older.
| ||||||
11 | (b) The University may not print an individual's social | ||||||
12 | security number on any card or other document required for the | ||||||
13 | individual to access products or services provided by the | ||||||
14 | University.
| ||||||
15 | (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| ||||||
16 | Section 950. The Western Illinois University Law is amended | ||||||
17 | by changing Section 35-130 as follows:
| ||||||
18 | (110 ILCS 690/35-130)
| ||||||
19 | Sec. 35-130. Provision of student and social security | ||||||
20 | information prohibited. | ||||||
21 | (a)
The University , including its agents, employees, | ||||||
22 | student or alumni organizations, or any affiliates, may not | ||||||
23 | provide a student's name, address, telephone number,
social | ||||||
24 | security number, e-mail address, or other personal identifying
|
| |||||||
| |||||||
1 | information to a business organization or financial | ||||||
2 | institution that issues
credit or debit cards, unless the | ||||||
3 | student is 21 years of age or older.
| ||||||
4 | (b) The University may not print an individual's social | ||||||
5 | security number on any card or other document required for the | ||||||
6 | individual to access products or services provided by the | ||||||
7 | University.
| ||||||
8 | (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| ||||||
9 | Section 955. The Public Community College Act is amended by | ||||||
10 | changing Section 3-60 as follows:
| ||||||
11 | (110 ILCS 805/3-60)
| ||||||
12 | Sec. 3-60. Provision of student and social security
| ||||||
13 | information prohibited. | ||||||
14 | (a) A community
college , including its agents, employees, | ||||||
15 | student or alumni organizations, or any affiliates, may not | ||||||
16 | provide a student's name, address,
telephone number, social | ||||||
17 | security number, e-mail address, or other personal
identifying
| ||||||
18 | information
to a
business organization or financial | ||||||
19 | institution that issues credit or debit
cards, unless the | ||||||
20 | student is 21 years of age or older.
| ||||||
21 | (b) A community college may not print an individual's | ||||||
22 | social security number on any card or other document required | ||||||
23 | for the individual to access products or services provided by | ||||||
24 | the community college.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
|