Rep. Jay Hoffman
Filed: 5/6/2019
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1 | AMENDMENT TO SENATE BILL 2135
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2 | AMENDMENT NO. ______. Amend Senate Bill 2135 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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.
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8 | (1) When a request is made to inspect or copy a public | ||||||
9 | record that contains information that is exempt from disclosure | ||||||
10 | under this Section, but also contains information that is not | ||||||
11 | exempt from disclosure, the public body may elect to redact the | ||||||
12 | information that is exempt. The public body shall make the | ||||||
13 | remaining information available for inspection and copying. | ||||||
14 | Subject to this requirement, the following shall be exempt from | ||||||
15 | inspection and copying:
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16 | (a) Information specifically prohibited from |
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1 | disclosure by federal or
State law or rules and regulations | ||||||
2 | implementing federal or State law.
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3 | (b) Private information, unless disclosure is required | ||||||
4 | by another provision of this Act, a State or federal law or | ||||||
5 | a court order. | ||||||
6 | (b-5) Files, documents, and other data or databases | ||||||
7 | maintained by one or more law enforcement agencies and | ||||||
8 | specifically designed to provide information to one or more | ||||||
9 | law enforcement agencies regarding the physical or mental | ||||||
10 | status of one or more individual subjects. | ||||||
11 | (c) Personal information contained within public | ||||||
12 | records, the disclosure of which would constitute a clearly
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13 | unwarranted invasion of personal privacy, unless the | ||||||
14 | disclosure is
consented to in writing by the individual | ||||||
15 | subjects of the information. "Unwarranted invasion of | ||||||
16 | personal privacy" means the disclosure of information that | ||||||
17 | is highly personal or objectionable to a reasonable person | ||||||
18 | and in which the subject's right to privacy outweighs any | ||||||
19 | legitimate public interest in obtaining the information. | ||||||
20 | The
disclosure of information that bears on the public | ||||||
21 | duties of public
employees and officials shall not be | ||||||
22 | considered an invasion of personal
privacy.
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23 | (d) Records in the possession of any public body | ||||||
24 | created in the course of administrative enforcement
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25 | proceedings, and any law enforcement or correctional | ||||||
26 | agency for
law enforcement purposes,
but only to the extent |
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1 | that disclosure would:
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2 | (i) interfere with pending or actually and | ||||||
3 | reasonably contemplated
law enforcement proceedings | ||||||
4 | conducted by any law enforcement or correctional
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5 | agency that is the recipient of the request;
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6 | (ii) interfere with active administrative | ||||||
7 | enforcement proceedings
conducted by the public body | ||||||
8 | that is the recipient of the request;
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9 | (iii) create a substantial likelihood that a | ||||||
10 | person will be deprived of a fair trial or an impartial | ||||||
11 | hearing;
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12 | (iv) unavoidably disclose the identity of a | ||||||
13 | confidential source, confidential information | ||||||
14 | furnished only by the confidential source, or persons | ||||||
15 | who file complaints with or provide information to | ||||||
16 | administrative, investigative, law enforcement, or | ||||||
17 | penal agencies; except that the identities of | ||||||
18 | witnesses to traffic accidents, traffic accident | ||||||
19 | reports, and rescue reports shall be provided by | ||||||
20 | agencies of local government, except when disclosure | ||||||
21 | would interfere with an active criminal investigation | ||||||
22 | conducted by the agency that is the recipient of the | ||||||
23 | request;
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24 | (v) disclose unique or specialized investigative | ||||||
25 | techniques other than
those generally used and known or | ||||||
26 | disclose internal documents of
correctional agencies |
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1 | related to detection, observation or investigation of
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2 | incidents of crime or misconduct, and disclosure would | ||||||
3 | result in demonstrable harm to the agency or public | ||||||
4 | body that is the recipient of the request;
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5 | (vi) endanger the life or physical safety of law | ||||||
6 | enforcement personnel
or any other person; or
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7 | (vii) obstruct an ongoing criminal investigation | ||||||
8 | by the agency that is the recipient of the request.
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9 | (d-5) A law enforcement record created for law | ||||||
10 | enforcement purposes and contained in a shared electronic | ||||||
11 | record management system if the law enforcement agency that | ||||||
12 | is the recipient of the request did not create the record, | ||||||
13 | did not participate in or have a role in any of the events | ||||||
14 | which are the subject of the record, and only has access to | ||||||
15 | the record through the shared electronic record management | ||||||
16 | system. | ||||||
17 | (d-6) A law enforcement record that is: (i) created by | ||||||
18 | a law enforcement agency other than the law enforcement | ||||||
19 | agency that is the recipient of the request; and (ii) | ||||||
20 | attached as an exhibit to a law enforcement record created | ||||||
21 | by the law enforcement agency that is the recipient of the | ||||||
22 | request, if the law enforcement agency notifies the | ||||||
23 | requester of the additional law enforcement records | ||||||
24 | available from different law enforcement agencies and the | ||||||
25 | law enforcement agencies the requester may contact to | ||||||
26 | obtain records not produced by the law enforcement agency |
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1 | that is the recipient of the request. | ||||||
2 | (e) Records that relate to or affect the security of | ||||||
3 | correctional
institutions and detention facilities.
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4 | (e-5) Records requested by persons committed to the | ||||||
5 | Department of Corrections, Department of Human Services | ||||||
6 | Division of Mental Health, or a county jail if those | ||||||
7 | materials are available in the library of the correctional | ||||||
8 | institution or facility or jail where the inmate is | ||||||
9 | confined. | ||||||
10 | (e-6) Records requested by persons committed to the | ||||||
11 | Department of Corrections, Department of Human Services | ||||||
12 | Division of Mental Health, or a county jail if those | ||||||
13 | materials include records from staff members' personnel | ||||||
14 | files, staff rosters, or other staffing assignment | ||||||
15 | information. | ||||||
16 | (e-7) Records requested by persons committed to the | ||||||
17 | Department of Corrections or Department of Human Services | ||||||
18 | Division of Mental Health if those materials are available | ||||||
19 | through an administrative request to the Department of | ||||||
20 | Corrections or Department of Human Services Division of | ||||||
21 | Mental Health. | ||||||
22 | (e-8) Records requested by a person committed to the | ||||||
23 | Department of Corrections, Department of Human Services | ||||||
24 | Division of Mental Health, or a county jail, the disclosure | ||||||
25 | of which would result in the risk of harm to any person or | ||||||
26 | the risk of an escape from a jail or correctional |
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1 | institution or facility. | ||||||
2 | (e-9) Records requested by a person in a county jail or | ||||||
3 | committed to the Department of Corrections or Department of | ||||||
4 | Human Services Division of Mental Health, containing | ||||||
5 | personal information pertaining to the person's victim or | ||||||
6 | the victim's family, including, but not limited to, a | ||||||
7 | victim's home address, home telephone number, work or | ||||||
8 | school address, work telephone number, social security | ||||||
9 | number, or any other identifying information, except as may | ||||||
10 | be relevant to a requester's current or potential case or | ||||||
11 | claim. | ||||||
12 | (e-10) Law enforcement records of other persons | ||||||
13 | requested by a person committed to the Department of | ||||||
14 | Corrections, Department of Human Services Division of | ||||||
15 | Mental Health, or a county jail, including, but not limited | ||||||
16 | to, arrest and booking records, mug shots, and crime scene | ||||||
17 | photographs, except as these records may be relevant to the | ||||||
18 | requester's current or potential case or claim. | ||||||
19 | (f) Preliminary drafts, notes, recommendations, | ||||||
20 | memoranda and other
records in which opinions are | ||||||
21 | expressed, or policies or actions are
formulated, except | ||||||
22 | that a specific record or relevant portion of a
record | ||||||
23 | shall not be exempt when the record is publicly cited
and | ||||||
24 | identified by the head of the public body. The exemption | ||||||
25 | provided in
this paragraph (f) extends to all those records | ||||||
26 | of officers and agencies
of the General Assembly that |
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1 | pertain to the preparation of legislative
documents.
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2 | (g) Trade secrets and commercial or financial | ||||||
3 | information obtained from
a person or business where the | ||||||
4 | trade secrets or commercial or financial information are | ||||||
5 | furnished under a claim that they are
proprietary, | ||||||
6 | privileged or confidential, and that disclosure of the | ||||||
7 | trade
secrets or commercial or financial information would | ||||||
8 | cause competitive harm to the person or business, and only | ||||||
9 | insofar as the claim directly applies to the records | ||||||
10 | requested. | ||||||
11 | The information included under this exemption includes | ||||||
12 | all trade secrets and commercial or financial information | ||||||
13 | obtained by a public body, including a public pension fund, | ||||||
14 | from a private equity fund or a privately held company | ||||||
15 | within the investment portfolio of a private equity fund as | ||||||
16 | a result of either investing or evaluating a potential | ||||||
17 | investment of public funds in a private equity fund. The | ||||||
18 | exemption contained in this item does not apply to the | ||||||
19 | aggregate financial performance information of a private | ||||||
20 | equity fund, nor to the identity of the fund's managers or | ||||||
21 | general partners. The exemption contained in this item does | ||||||
22 | not apply to the identity of a privately held company | ||||||
23 | within the investment portfolio of a private equity fund, | ||||||
24 | unless the disclosure of the identity of a privately held | ||||||
25 | company may cause competitive harm. | ||||||
26 | Nothing contained in this
paragraph (g) shall be |
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1 | construed to prevent a person or business from
consenting | ||||||
2 | to disclosure.
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3 | (h) Proposals and bids for any contract, grant, or | ||||||
4 | agreement, including
information which if it were | ||||||
5 | disclosed would frustrate procurement or give
an advantage | ||||||
6 | to any person proposing to enter into a contractor | ||||||
7 | agreement
with the body, until an award or final selection | ||||||
8 | is made. Information
prepared by or for the body in | ||||||
9 | preparation of a bid solicitation shall be
exempt until an | ||||||
10 | award or final selection is made.
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11 | (i) Valuable formulae,
computer geographic systems,
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12 | designs, drawings and research data obtained or
produced by | ||||||
13 | any public body when disclosure could reasonably be | ||||||
14 | expected to
produce private gain or public loss.
The | ||||||
15 | exemption for "computer geographic systems" provided in | ||||||
16 | this paragraph
(i) does not extend to requests made by news | ||||||
17 | media as defined in Section 2 of
this Act when the | ||||||
18 | requested information is not otherwise exempt and the only
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19 | purpose of the request is to access and disseminate | ||||||
20 | information regarding the
health, safety, welfare, or | ||||||
21 | legal rights of the general public.
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22 | (j) The following information pertaining to | ||||||
23 | educational matters: | ||||||
24 | (i) test questions, scoring keys and other | ||||||
25 | examination data used to
administer an academic | ||||||
26 | examination;
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1 | (ii) information received by a primary or | ||||||
2 | secondary school, college, or university under its | ||||||
3 | procedures for the evaluation of faculty members by | ||||||
4 | their academic peers; | ||||||
5 | (iii) information concerning a school or | ||||||
6 | university's adjudication of student disciplinary | ||||||
7 | cases, but only to the extent that disclosure would | ||||||
8 | unavoidably reveal the identity of the student; and | ||||||
9 | (iv) course materials or research materials used | ||||||
10 | by faculty members. | ||||||
11 | (k) Architects' plans, engineers' technical | ||||||
12 | submissions, and
other
construction related technical | ||||||
13 | documents for
projects not constructed or developed in | ||||||
14 | whole or in part with public funds
and the same for | ||||||
15 | projects constructed or developed with public funds, | ||||||
16 | including but not limited to power generating and | ||||||
17 | distribution stations and other transmission and | ||||||
18 | distribution facilities, water treatment facilities, | ||||||
19 | airport facilities, sport stadiums, convention centers, | ||||||
20 | and all government owned, operated, or occupied buildings, | ||||||
21 | but
only to the extent
that disclosure would compromise | ||||||
22 | security.
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23 | (l) Minutes of meetings of public bodies closed to the
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24 | public as provided in the Open Meetings Act until the | ||||||
25 | public body
makes the minutes available to the public under | ||||||
26 | Section 2.06 of the Open
Meetings Act.
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1 | (m) Communications between a public body and an | ||||||
2 | attorney or auditor
representing the public body that would | ||||||
3 | not be subject to discovery in
litigation, and materials | ||||||
4 | prepared or compiled by or for a public body in
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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.
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9 | (n) Records relating to a public body's adjudication of | ||||||
10 | employee grievances or disciplinary cases; however, this | ||||||
11 | exemption shall not extend to the final outcome of cases in | ||||||
12 | which discipline is imposed.
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13 | (o) Administrative or technical information associated | ||||||
14 | with automated
data processing operations, including but | ||||||
15 | not limited to software,
operating protocols, computer | ||||||
16 | program abstracts, file layouts, source
listings, object | ||||||
17 | modules, load modules, user guides, documentation
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18 | pertaining to all logical and physical design of | ||||||
19 | computerized systems,
employee manuals, and any other | ||||||
20 | information that, if disclosed, would
jeopardize the | ||||||
21 | security of the system or its data or the security of
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22 | materials exempt under this Section.
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23 | (p) Records relating to collective negotiating matters
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24 | between public bodies and their employees or | ||||||
25 | representatives, except that
any final contract or | ||||||
26 | agreement shall be subject to inspection and copying.
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1 | (q) Test questions, scoring keys, and other | ||||||
2 | examination data used to determine the qualifications of an | ||||||
3 | applicant for a license or employment.
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4 | (r) The records, documents, and information relating | ||||||
5 | to real estate
purchase negotiations until those | ||||||
6 | negotiations have been completed or
otherwise terminated. | ||||||
7 | With regard to a parcel involved in a pending or
actually | ||||||
8 | and reasonably contemplated eminent domain proceeding | ||||||
9 | under the Eminent Domain Act, records, documents and
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10 | information relating to that parcel shall be exempt except | ||||||
11 | as may be
allowed under discovery rules adopted by the | ||||||
12 | Illinois Supreme Court. The
records, documents and | ||||||
13 | information relating to a real estate sale shall be
exempt | ||||||
14 | until a sale is consummated.
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15 | (s) Any and all proprietary information and records | ||||||
16 | related to the
operation of an intergovernmental risk | ||||||
17 | management association or
self-insurance pool or jointly | ||||||
18 | self-administered health and accident
cooperative or pool.
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19 | Insurance or self insurance (including any | ||||||
20 | intergovernmental risk management association or self | ||||||
21 | insurance pool) claims, loss or risk management | ||||||
22 | information, records, data, advice or communications.
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23 | (t) Information contained in or related to | ||||||
24 | examination, operating, or
condition reports prepared by, | ||||||
25 | on behalf of, or for the use of a public
body responsible | ||||||
26 | for the regulation or supervision of financial
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1 | institutions or insurance companies, unless disclosure is | ||||||
2 | otherwise
required by State law.
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3 | (u) Information that would disclose
or might lead to | ||||||
4 | the disclosure of
secret or confidential information, | ||||||
5 | codes, algorithms, programs, or private
keys intended to be | ||||||
6 | used to create electronic or digital signatures under the
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7 | Electronic Commerce Security Act.
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8 | (v) Vulnerability assessments, security measures, and | ||||||
9 | response policies
or plans that are designed to identify, | ||||||
10 | prevent, or respond to potential
attacks upon a community's | ||||||
11 | population or systems, facilities, or installations,
the | ||||||
12 | destruction or contamination of which would constitute a | ||||||
13 | clear and present
danger to the health or safety of the | ||||||
14 | community, but only to the extent that
disclosure could | ||||||
15 | reasonably be expected to jeopardize the effectiveness of | ||||||
16 | the
measures or the safety of the personnel who implement | ||||||
17 | them or the public.
Information exempt under this item may | ||||||
18 | include such things as details
pertaining to the | ||||||
19 | mobilization or deployment of personnel or equipment, to | ||||||
20 | the
operation of communication systems or protocols, or to | ||||||
21 | tactical operations.
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22 | (w) (Blank). | ||||||
23 | (x) Maps and other records regarding the location or | ||||||
24 | security of generation, transmission, distribution, | ||||||
25 | storage, gathering,
treatment, or switching facilities | ||||||
26 | owned by a utility, by a power generator, or by the |
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1 | Illinois Power Agency.
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2 | (y) Information contained in or related to proposals, | ||||||
3 | bids, or negotiations related to electric power | ||||||
4 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
5 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
6 | is determined to be confidential and proprietary by the | ||||||
7 | Illinois Power Agency or by the Illinois Commerce | ||||||
8 | Commission.
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9 | (z) Information about students exempted from | ||||||
10 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
11 | School Code, and information about undergraduate students | ||||||
12 | enrolled at an institution of higher education exempted | ||||||
13 | from disclosure under Section 25 of the Illinois Credit | ||||||
14 | Card Marketing Act of 2009. | ||||||
15 | (aa) Information the disclosure of which is
exempted | ||||||
16 | under the Viatical Settlements Act of 2009.
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17 | (bb) Records and information provided to a mortality | ||||||
18 | review team and records maintained by a mortality review | ||||||
19 | team appointed under the Department of Juvenile Justice | ||||||
20 | Mortality Review Team Act. | ||||||
21 | (cc) Information regarding interments, entombments, or | ||||||
22 | inurnments of human remains that are submitted to the | ||||||
23 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
24 | the Cemetery Oversight Act, whichever is applicable. | ||||||
25 | (dd) Correspondence and records (i) that may not be | ||||||
26 | disclosed under Section 11-9 of the Illinois Public Aid |
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1 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
2 | the Illinois Public Aid Code. | ||||||
3 | (ee) The names, addresses, or other personal | ||||||
4 | information of persons who are minors and are also | ||||||
5 | participants and registrants in programs of park | ||||||
6 | districts, forest preserve districts, conservation | ||||||
7 | districts, recreation agencies, and special recreation | ||||||
8 | associations. | ||||||
9 | (ff) The names, addresses, or other personal | ||||||
10 | information of participants and registrants in programs of | ||||||
11 | park districts, forest preserve districts, conservation | ||||||
12 | districts, recreation agencies, and special recreation | ||||||
13 | associations where such programs are targeted primarily to | ||||||
14 | minors. | ||||||
15 | (gg) Confidential information described in Section | ||||||
16 | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | ||||||
17 | (hh) The report submitted to the State Board of | ||||||
18 | Education by the School Security and Standards Task Force | ||||||
19 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
20 | School Code and any information contained in that report. | ||||||
21 | (ii) Records requested by persons committed to or | ||||||
22 | detained by the Department of Human Services under the | ||||||
23 | Sexually Violent Persons Commitment Act or committed to the | ||||||
24 | Department of Corrections under the Sexually Dangerous | ||||||
25 | Persons Act if those materials: (i) are available in the | ||||||
26 | library of the facility where the individual is confined; |
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1 | (ii) include records from staff members' personnel files, | ||||||
2 | staff rosters, or other staffing assignment information; | ||||||
3 | or (iii) are available through an administrative request to | ||||||
4 | the Department of Human Services or the Department of | ||||||
5 | Corrections. | ||||||
6 | (jj) Confidential information described in Section | ||||||
7 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
8 | (1.5) Any information exempt from disclosure under the | ||||||
9 | Judicial Privacy Act shall be redacted from public records | ||||||
10 | prior to disclosure under this Act. | ||||||
11 | (2) A public record that is not in the possession of a | ||||||
12 | public body but is in the possession of a party with whom the | ||||||
13 | agency has contracted to perform a governmental function on | ||||||
14 | behalf of the public body, and that directly relates to the | ||||||
15 | governmental function and is not otherwise exempt under this | ||||||
16 | Act, shall be considered a public record of the public body, | ||||||
17 | for purposes of this Act. | ||||||
18 | (3) This Section does not authorize withholding of | ||||||
19 | information or limit the
availability of records to the public, | ||||||
20 | except as stated in this Section or
otherwise provided in this | ||||||
21 | Act.
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22 | (Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642, | ||||||
23 | eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17; | ||||||
24 | 100-732, eff. 8-3-18.) | ||||||
25 | Section 10. The Metro-East Sanitary District Act of 1974 is |
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1 | amended by changing Sections 3-1 and 3-3 as follows:
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2 | (70 ILCS 2905/3-1) (from Ch. 42, par. 503-1)
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3 | Sec. 3-1.
The district shall be governed by a Board of | ||||||
4 | Commissioners, consisting
of 5 commissioners. Two Three of the | ||||||
5 | commissioners shall be residents of that
portion of the | ||||||
6 | district in the county having the greater equalized assessed
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7 | valuation of the district, and 2 shall be residents of that | ||||||
8 | portion of the
district in the other county. The appointment of | ||||||
9 | commissioners from each
county shall be made by the chairman of | ||||||
10 | the county board of that county
with the advice and consent of | ||||||
11 | the county board, except that in the case of
a home rule county | ||||||
12 | as defined by Article VII, Section 6, of the
Constitution of | ||||||
13 | 1970 the appointment shall be made by the chief executive
| ||||||
14 | officer of the county with the advice and consent of the county | ||||||
15 | board. Beginning on the effective date of this amendatory Act | ||||||
16 | of the 101st General Assembly, the mayor, or his or her | ||||||
17 | designee, of the largest municipality in the county having the | ||||||
18 | greater equalized assessed
valuation of the district shall be | ||||||
19 | an ex officio commissioner with a right to vote. If there is | ||||||
20 | not a vacant commissioner position from the county having the | ||||||
21 | greater equalized assessed valuation on the effective date of | ||||||
22 | this amendatory Act of the 101st General Assembly, then the | ||||||
23 | term of the last appointed commissioner from that county is | ||||||
24 | terminated on the effective date of this amendatory Act of the | ||||||
25 | 101st General Assembly.
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1 | The appointed commissioners from each county may not be | ||||||
2 | from the same political party. Of the 5 commissioners, no more | ||||||
3 | than 3 may be of the same political
party. Of the 3 | ||||||
4 | commissioners from the county entitled to 3 appointments,
no | ||||||
5 | more than 2 may be of the same political party. The 2 | ||||||
6 | commissioners from
the other county shall not be of the same | ||||||
7 | political party.
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8 | The County Board Chairman of either county may remove any | ||||||
9 | of the appointed commissioners
from his or her county
with the | ||||||
10 | advice and consent of the county board.
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11 | In the first appointments to the Board of Commissioners, | ||||||
12 | the appointing
authority appointing 3 directors shall | ||||||
13 | designate one appointee to serve for
a term of one year, one | ||||||
14 | for a term of 3 years and one for a term of 5
years, and the | ||||||
15 | appointing authority appointing 2 directors shall designate
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16 | one to serve for a term of 2 years and one for a term of 4 | ||||||
17 | years.
Thereafter one commissioner shall be appointed by the | ||||||
18 | appropriate
appointing authority each year for a term of 5 | ||||||
19 | years to succeed the
director whose term expires in that year. | ||||||
20 | Any vacancy on the Board of
Commissioners shall be filled by | ||||||
21 | appointment by the appropriate appointing
authority for the | ||||||
22 | remainder of the unexpired term.
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23 | For the purpose of determining the ex officio commissioner, | ||||||
24 | the county having the greater equalized assessed
valuation of | ||||||
25 | the district shall be established on January 1 of each year, | ||||||
26 | and the ex officio commissioner shall serve until January 1 of |
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1 | the following year. If the relative equalized assessed | ||||||
2 | valuation changes so that the
position of the 2 counties with | ||||||
3 | respect to majority and minority
representation on the board is | ||||||
4 | reversed, the next appointment that would
otherwise have been | ||||||
5 | made by the appointing authority for the county
formerly | ||||||
6 | entitled to 3 directors shall be made by the appointing | ||||||
7 | authority
for the other county.
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8 | (Source: P.A. 83-1422.)
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9 | (70 ILCS 2905/3-3) (from Ch. 42, par. 503-3)
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10 | Sec. 3-3.
(a) The board of commissioners shall be the | ||||||
11 | corporate
authority of the district. The board shall appoint an | ||||||
12 | Executive Director
who shall be the chief executive and | ||||||
13 | administrative officer of the district
and who shall have the | ||||||
14 | powers provided in Article 4 of this Act. The Executive | ||||||
15 | Director shall be a resident of the district.
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16 | The Executive Director's contract shall not: (1) be for a | ||||||
17 | period longer than 1 year; (2) contain provisions allowing | ||||||
18 | retroactive pay; (3) contain provisions allowing bonus pay; (4) | ||||||
19 | limit termination for cause to a specific time period; (5) | ||||||
20 | contain provisions allowing severance pay; (6) contain | ||||||
21 | provisions allowing mutual non-disparaging agreements; or (7) | ||||||
22 | contain provisions allowing arbitration. | ||||||
23 | The board may select a clerk and a treasurer.
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24 | The board shall, at its first meeting each year, select a | ||||||
25 | president from
its own membership.
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1 | (b) The board of commissioners shall maintain the | ||||||
2 | facilities and
properties under the district's control, or | ||||||
3 | supervision for purposes of
maintenance, in compliance with the | ||||||
4 | standards prescribed by the Department
of Natural Resources.
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5 | (Source: P.A. 89-445, eff. 2-7-96.)".
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