102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0344

 

Introduced 1/29/2021, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7  from Ch. 116, par. 207
230 ILCS 10/5.3

    Amends the Illinois Gambling Act. Instead of prohibiting an employee of the corporate authority of a host community from having financial interests in a riverboat or casino, receive certain things of value from a riverboat or casino, or accept employment from a casino or riverboat, requires the employee to make a public disclosure to the Illinois Gaming Board. Makes conforming changes in the Freedom of Information Act. Effective immediately.


LRB102 04255 SMS 14273 b

 

 

A BILL FOR

 

HB0344LRB102 04255 SMS 14273 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
 
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from
10disclosure under this Section, but also contains information
11that is not exempt from disclosure, the public body may elect
12to redact the information that is exempt. The public body
13shall make the remaining information available for inspection
14and copying. Subject to this requirement, the following shall
15be exempt from inspection and copying:
16        (a) Information specifically prohibited from
17    disclosure by federal or State law or rules and
18    regulations implementing federal or State law.
19        (b) Private information, unless disclosure is required
20    by another provision of this Act, a State or federal law or
21    a court order.
22        (b-5) Files, documents, and other data or databases
23    maintained by one or more law enforcement agencies and

 

 

HB0344- 2 -LRB102 04255 SMS 14273 b

1    specifically designed to provide information to one or
2    more law enforcement agencies regarding the physical or
3    mental status of one or more individual subjects.
4        (c) Personal information contained within public
5    records, the disclosure of which would constitute a
6    clearly unwarranted invasion of personal privacy, unless
7    the disclosure is consented to in writing by the
8    individual subjects of the information. "Unwarranted
9    invasion of personal privacy" means the disclosure of
10    information that is highly personal or objectionable to a
11    reasonable person and in which the subject's right to
12    privacy outweighs any legitimate public interest in
13    obtaining the information. The disclosure of information
14    that bears on the public duties of public employees and
15    officials shall not be considered an invasion of personal
16    privacy.
17        (d) Records in the possession of any public body
18    created in the course of administrative enforcement
19    proceedings, and any law enforcement or correctional
20    agency for law enforcement purposes, but only to the
21    extent that disclosure would:
22            (i) interfere with pending or actually and
23        reasonably contemplated law enforcement proceedings
24        conducted by any law enforcement or correctional
25        agency that is the recipient of the request;
26            (ii) interfere with active administrative

 

 

HB0344- 3 -LRB102 04255 SMS 14273 b

1        enforcement proceedings conducted by the public body
2        that is the recipient of the request;
3            (iii) create a substantial likelihood that a
4        person will be deprived of a fair trial or an impartial
5        hearing;
6            (iv) unavoidably disclose the identity of a
7        confidential source, confidential information
8        furnished only by the confidential source, or persons
9        who file complaints with or provide information to
10        administrative, investigative, law enforcement, or
11        penal agencies; except that the identities of
12        witnesses to traffic accidents, traffic accident
13        reports, and rescue reports shall be provided by
14        agencies of local government, except when disclosure
15        would interfere with an active criminal investigation
16        conducted by the agency that is the recipient of the
17        request;
18            (v) disclose unique or specialized investigative
19        techniques other than those generally used and known
20        or disclose internal documents of correctional
21        agencies related to detection, observation or
22        investigation of incidents of crime or misconduct, and
23        disclosure would result in demonstrable harm to the
24        agency or public body that is the recipient of the
25        request;
26            (vi) endanger the life or physical safety of law

 

 

HB0344- 4 -LRB102 04255 SMS 14273 b

1        enforcement personnel or any other person; or
2            (vii) obstruct an ongoing criminal investigation
3        by the agency that is the recipient of the request.
4        (d-5) A law enforcement record created for law
5    enforcement purposes and contained in a shared electronic
6    record management system if the law enforcement agency
7    that is the recipient of the request did not create the
8    record, did not participate in or have a role in any of the
9    events which are the subject of the record, and only has
10    access to the record through the shared electronic record
11    management system.
12        (e) Records that relate to or affect the security of
13    correctional institutions and detention facilities.
14        (e-5) Records requested by persons committed to the
15    Department of Corrections, Department of Human Services
16    Division of Mental Health, or a county jail if those
17    materials are available in the library of the correctional
18    institution or facility or jail where the inmate is
19    confined.
20        (e-6) Records requested by persons committed to the
21    Department of Corrections, Department of Human Services
22    Division of Mental Health, or a county jail if those
23    materials include records from staff members' personnel
24    files, staff rosters, or other staffing assignment
25    information.
26        (e-7) Records requested by persons committed to the

 

 

HB0344- 5 -LRB102 04255 SMS 14273 b

1    Department of Corrections or Department of Human Services
2    Division of Mental Health if those materials are available
3    through an administrative request to the Department of
4    Corrections or Department of Human Services Division of
5    Mental Health.
6        (e-8) Records requested by a person committed to the
7    Department of Corrections, Department of Human Services
8    Division of Mental Health, or a county jail, the
9    disclosure of which would result in the risk of harm to any
10    person or the risk of an escape from a jail or correctional
11    institution or facility.
12        (e-9) Records requested by a person in a county jail
13    or committed to the Department of Corrections or
14    Department of Human Services Division of Mental Health,
15    containing personal information pertaining to the person's
16    victim or the victim's family, including, but not limited
17    to, a victim's home address, home telephone number, work
18    or school address, work telephone number, social security
19    number, or any other identifying information, except as
20    may be relevant to a requester's current or potential case
21    or claim.
22        (e-10) Law enforcement records of other persons
23    requested by a person committed to the Department of
24    Corrections, Department of Human Services Division of
25    Mental Health, or a county jail, including, but not
26    limited to, arrest and booking records, mug shots, and

 

 

HB0344- 6 -LRB102 04255 SMS 14273 b

1    crime scene photographs, except as these records may be
2    relevant to the requester's current or potential case or
3    claim.
4        (f) Preliminary drafts, notes, recommendations,
5    memoranda and other records in which opinions are
6    expressed, or policies or actions are formulated, except
7    that a specific record or relevant portion of a record
8    shall not be exempt when the record is publicly cited and
9    identified by the head of the public body. The exemption
10    provided in this paragraph (f) extends to all those
11    records of officers and agencies of the General Assembly
12    that pertain to the preparation of legislative documents.
13        (g) Trade secrets and commercial or financial
14    information obtained from a person or business where the
15    trade secrets or commercial or financial information are
16    furnished under a claim that they are proprietary,
17    privileged, or confidential, and that disclosure of the
18    trade secrets or commercial or financial information would
19    cause competitive harm to the person or business, and only
20    insofar as the claim directly applies to the records
21    requested.
22        The information included under this exemption includes
23    all trade secrets and commercial or financial information
24    obtained by a public body, including a public pension
25    fund, from a private equity fund or a privately held
26    company within the investment portfolio of a private

 

 

HB0344- 7 -LRB102 04255 SMS 14273 b

1    equity fund as a result of either investing or evaluating
2    a potential investment of public funds in a private equity
3    fund. The exemption contained in this item does not apply
4    to the aggregate financial performance information of a
5    private equity fund, nor to the identity of the fund's
6    managers or general partners. The exemption contained in
7    this item does not apply to the identity of a privately
8    held 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
12    construed to prevent a person or business from consenting
13    to disclosure.
14        (h) Proposals and bids for any contract, grant, or
15    agreement, including information which if it were
16    disclosed would frustrate procurement or give an advantage
17    to any person proposing to enter into a contractor
18    agreement with the body, until an award or final selection
19    is made. Information prepared by or for the body in
20    preparation of a bid solicitation shall be exempt until an
21    award or final selection is made.
22        (i) Valuable formulae, computer geographic systems,
23    designs, drawings and research data obtained or produced
24    by any public body when disclosure could reasonably be
25    expected to produce private gain or public loss. The
26    exemption for "computer geographic systems" provided in

 

 

HB0344- 8 -LRB102 04255 SMS 14273 b

1    this paragraph (i) does not extend to requests made by
2    news media as defined in Section 2 of this Act when the
3    requested information is not otherwise exempt and the only
4    purpose of the request is to access and disseminate
5    information regarding the health, safety, welfare, or
6    legal rights of the general public.
7        (j) The following information pertaining to
8    educational matters:
9            (i) test questions, scoring keys and other
10        examination data used to administer an academic
11        examination;
12            (ii) information received by a primary or
13        secondary school, college, or university under its
14        procedures for the evaluation of faculty members by
15        their academic peers;
16            (iii) information concerning a school or
17        university's adjudication of student disciplinary
18        cases, but only to the extent that disclosure would
19        unavoidably reveal the identity of the student; and
20            (iv) course materials or research materials used
21        by faculty members.
22        (k) Architects' plans, engineers' technical
23    submissions, and other construction related technical
24    documents for projects not constructed or developed in
25    whole or in part with public funds and the same for
26    projects constructed or developed with public funds,

 

 

HB0344- 9 -LRB102 04255 SMS 14273 b

1    including, but not limited to, power generating and
2    distribution stations and other transmission and
3    distribution facilities, water treatment facilities,
4    airport facilities, sport stadiums, convention centers,
5    and all government owned, operated, or occupied buildings,
6    but only to the extent that disclosure would compromise
7    security.
8        (l) Minutes of meetings of public bodies closed to the
9    public as provided in the Open Meetings Act until the
10    public body makes the minutes available to the public
11    under Section 2.06 of the Open Meetings Act.
12        (m) Communications between a public body and an
13    attorney or auditor representing the public body that
14    would not be subject to discovery in litigation, and
15    materials prepared or compiled by or for a public body in
16    anticipation of a criminal, civil, or administrative
17    proceeding upon the request of an attorney advising the
18    public body, and materials prepared or compiled with
19    respect to internal audits of public bodies.
20        (n) Records relating to a public body's adjudication
21    of employee grievances or disciplinary cases; however,
22    this exemption shall not extend to the final outcome of
23    cases in which discipline is imposed.
24        (o) Administrative or technical information associated
25    with automated data processing operations, including, but
26    not limited to, software, operating protocols, computer

 

 

HB0344- 10 -LRB102 04255 SMS 14273 b

1    program abstracts, file layouts, source listings, object
2    modules, load modules, user guides, documentation
3    pertaining to all logical and physical design of
4    computerized systems, employee manuals, and any other
5    information that, if disclosed, would jeopardize the
6    security of the system or its data or the security of
7    materials exempt under this Section.
8        (p) Records relating to collective negotiating matters
9    between public bodies and their employees or
10    representatives, except that any final contract or
11    agreement shall be subject to inspection and copying.
12        (q) Test questions, scoring keys, and other
13    examination data used to determine the qualifications of
14    an applicant for a license or employment.
15        (r) The records, documents, and information relating
16    to real estate purchase negotiations until those
17    negotiations have been completed or otherwise terminated.
18    With regard to a parcel involved in a pending or actually
19    and reasonably contemplated eminent domain proceeding
20    under the Eminent Domain Act, records, documents, and
21    information relating to that parcel shall be exempt except
22    as may be allowed under discovery rules adopted by the
23    Illinois Supreme Court. The records, documents, and
24    information relating to a real estate sale shall be exempt
25    until a sale is consummated.
26        (s) Any and all proprietary information and records

 

 

HB0344- 11 -LRB102 04255 SMS 14273 b

1    related to the operation of an intergovernmental risk
2    management association or self-insurance pool or jointly
3    self-administered health and accident cooperative or pool.
4    Insurance or self insurance (including any
5    intergovernmental risk management association or self
6    insurance pool) claims, loss or risk management
7    information, records, data, advice or communications.
8        (t) 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, insurance companies, or pharmacy benefit
13    managers, unless disclosure is otherwise required by State
14    law.
15        (u) Information that would disclose or might lead to
16    the disclosure of secret or confidential information,
17    codes, algorithms, programs, or private keys intended to
18    be used to create electronic or digital signatures under
19    the Electronic Commerce Security Act.
20        (v) Vulnerability assessments, security measures, and
21    response policies or plans that are designed to identify,
22    prevent, or respond to potential attacks upon a
23    community's population or systems, facilities, or
24    installations, the destruction or contamination of which
25    would constitute a clear and present danger to the health
26    or safety of the community, but only to the extent that

 

 

HB0344- 12 -LRB102 04255 SMS 14273 b

1    disclosure could reasonably be expected to jeopardize the
2    effectiveness of the measures or the safety of the
3    personnel who implement them or the public. Information
4    exempt under this item may include such things as details
5    pertaining to the mobilization or deployment of personnel
6    or equipment, to the operation of communication systems or
7    protocols, or to tactical operations.
8        (w) (Blank).
9        (x) Maps and other records regarding the location or
10    security of generation, transmission, distribution,
11    storage, gathering, treatment, or switching facilities
12    owned by a utility, by a power generator, or by the
13    Illinois Power Agency.
14        (y) Information contained in or related to proposals,
15    bids, or negotiations related to electric power
16    procurement under Section 1-75 of the Illinois Power
17    Agency Act and Section 16-111.5 of the Public Utilities
18    Act that is determined to be confidential and proprietary
19    by the Illinois Power Agency or by the Illinois Commerce
20    Commission.
21        (z) Information about students exempted from
22    disclosure under Sections 10-20.38 or 34-18.29 of the
23    School Code, and information about undergraduate students
24    enrolled at an institution of higher education exempted
25    from disclosure under Section 25 of the Illinois Credit
26    Card Marketing Act of 2009.

 

 

HB0344- 13 -LRB102 04255 SMS 14273 b

1        (aa) Information the disclosure of which is exempted
2    under the Viatical Settlements Act of 2009.
3        (bb) Records and information provided to a mortality
4    review team and records maintained by a mortality review
5    team appointed under the Department of Juvenile Justice
6    Mortality Review Team Act.
7        (cc) Information regarding interments, entombments, or
8    inurnments of human remains that are submitted to the
9    Cemetery Oversight Database under the Cemetery Care Act or
10    the Cemetery Oversight Act, whichever is applicable.
11        (dd) Correspondence and records (i) that may not be
12    disclosed under Section 11-9 of the Illinois Public Aid
13    Code or (ii) that pertain to appeals under Section 11-8 of
14    the Illinois Public Aid Code.
15        (ee) The names, addresses, or other personal
16    information of persons who are minors and are also
17    participants and registrants in programs of park
18    districts, forest preserve districts, conservation
19    districts, recreation agencies, and special recreation
20    associations.
21        (ff) The names, addresses, or other personal
22    information of participants and registrants in programs of
23    park districts, forest preserve districts, conservation
24    districts, recreation agencies, and special recreation
25    associations where such programs are targeted primarily to
26    minors.

 

 

HB0344- 14 -LRB102 04255 SMS 14273 b

1        (gg) Confidential information described in Section
2    1-100 of the Illinois Independent Tax Tribunal Act of
3    2012.
4        (hh) The report submitted to the State Board of
5    Education by the School Security and Standards Task Force
6    under item (8) of subsection (d) of Section 2-3.160 of the
7    School Code and any information contained in that report.
8        (ii) Records requested by persons committed to or
9    detained by the Department of Human Services under the
10    Sexually Violent Persons Commitment Act or committed to
11    the Department of Corrections under the Sexually Dangerous
12    Persons Act if those materials: (i) are available in the
13    library of the facility where the individual is confined;
14    (ii) include records from staff members' personnel files,
15    staff rosters, or other staffing assignment information;
16    or (iii) are available through an administrative request
17    to the Department of Human Services or the Department of
18    Corrections.
19        (jj) Confidential information described in Section
20    5-535 of the Civil Administrative Code of Illinois.
21        (kk) The public body's credit card numbers, debit card
22    numbers, bank account numbers, Federal Employer
23    Identification Number, security code numbers, passwords,
24    and similar account information, the disclosure of which
25    could result in identity theft or impression or defrauding
26    of a governmental entity or a person.

 

 

HB0344- 15 -LRB102 04255 SMS 14273 b

1        (ll) (kk) Records concerning the work of the threat
2    assessment team of a school district.
3        (mm) The public disclosures to the Illinois Gaming
4    Board required under subsection (j-1) of Section 5.3 of
5    the Illinois Gambling Act.
6    (1.5) Any information exempt from disclosure under the
7Judicial Privacy Act shall be redacted from public records
8prior to disclosure under this Act.
9    (2) A public record that is not in the possession of a
10public body but is in the possession of a party with whom the
11agency has contracted to perform a governmental function on
12behalf of the public body, and that directly relates to the
13governmental function and is not otherwise exempt under this
14Act, shall be considered a public record of the public body,
15for purposes of this Act.
16    (3) This Section does not authorize withholding of
17information or limit the availability of records to the
18public, except as stated in this Section or otherwise provided
19in this Act.
20(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
21100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
221-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
 
23    Section 10. The Illinois Gambling Act is amended by
24changing Section 5.3 as follows:
 

 

 

HB0344- 16 -LRB102 04255 SMS 14273 b

1    (230 ILCS 10/5.3)
2    Sec. 5.3. Ethical conduct.
3    (a) Officials and employees of the corporate authority of
4a host community must carry out their duties and
5responsibilities in such a manner as to promote and preserve
6public trust and confidence in the integrity and conduct of
7gaming.
8    (b) Officials and employees of the corporate authority of
9a host community shall not use or attempt to use his or her
10official position to secure or attempt to secure any
11privilege, advantage, favor, or influence for himself or
12herself or others.
13    (c) Officials and employees of the corporate authority of
14a host community may not have a financial interest, directly
15or indirectly, in his or her own name or in the name of any
16other person, partnership, association, trust, corporation, or
17other entity in any contract or subcontract for the
18performance of any work for a riverboat or casino that is
19located in the host community. This prohibition shall extend
20to the holding or acquisition of an interest in any entity
21identified by Board action that, in the Board's judgment,
22could represent the potential for or the appearance of a
23financial interest. The holding or acquisition of an interest
24in such entities through an indirect means, such as through a
25mutual fund, shall not be prohibited, except that the Board
26may identify specific investments or funds that, in its

 

 

HB0344- 17 -LRB102 04255 SMS 14273 b

1judgment, are so influenced by gaming holdings as to represent
2the potential for or the appearance of a conflict of interest.
3    (d) Officials and employees of the corporate authority of
4a host community may not accept any gift, gratuity, service,
5compensation, travel, lodging, or thing of value, with the
6exception of unsolicited items of an incidental nature, from
7any person, corporation, or entity doing business with the
8riverboat or casino that is located in the host community.
9    (e) Officials and employees of the corporate authority of
10a host community shall not, during the period that the person
11is an official or employee of the corporate authority or for a
12period of 2 years immediately after leaving such office,
13knowingly accept employment or receive compensation or fees
14for services from a person or entity, or its parent or
15affiliate, that has engaged in business with the riverboat or
16casino that is located in the host community that resulted in
17contracts with an aggregate value of at least $25,000 or if
18that official or employee has made a decision that directly
19applied to the person or entity, or its parent or affiliate.
20    (f) A spouse, child, or parent of an official or employee
21of the corporate authority of a host community may not have a
22financial interest, directly or indirectly, in his or her own
23name or in the name of any other person, partnership,
24association, trust, corporation, or other entity in any
25contract or subcontract for the performance of any work for a
26riverboat or casino in the host community. This prohibition

 

 

HB0344- 18 -LRB102 04255 SMS 14273 b

1shall extend to the holding or acquisition of an interest in
2any entity identified by Board action that, in the judgment of
3the Board, could represent the potential for or the appearance
4of a conflict of interest. The holding or acquisition of an
5interest in such entities through an indirect means, such as
6through a mutual fund, shall not be prohibited, expect that
7the Board may identify specific investments or funds that, in
8its judgment, are so influenced by gaming holdings as to
9represent the potential for or the appearance of a conflict of
10interest.
11    (g) A spouse, child, or parent of an official or employee
12of the corporate authority of a host community may not accept
13any gift, gratuity, service, compensation, travel, lodging, or
14thing of value, with the exception of unsolicited items of an
15incidental nature, from any person, corporation, or entity
16doing business with the riverboat or casino that is located in
17the host community.
18    (h) A spouse, child, or parent of an official or employee
19of the corporate authority of a host community may not, during
20the period that the person is an official of the corporate
21authority or for a period of 2 years immediately after leaving
22such office or employment, knowingly accept employment or
23receive compensation or fees for services from a person or
24entity, or its parent or affiliate, that has engaged in
25business with the riverboat or casino that is located in the
26host community that resulted in contracts with an aggregate

 

 

HB0344- 19 -LRB102 04255 SMS 14273 b

1value of at least $25,000 or if that official or employee has
2made a decision that directly applied to the person or entity,
3or its parent or affiliate.
4    (i) Officials and employees of the corporate authority of
5a host community shall not attempt, in any way, to influence
6any person or entity doing business with the riverboat or
7casino that is located in the host community or any officer,
8agent, or employee thereof to hire or contract with any person
9or entity for any compensated work.
10    (j) Any communication between an official of the corporate
11authority of a host community and any applicant for an owners
12license in the host community, or an officer, director, or
13employee of a riverboat or casino in the host community,
14concerning any matter relating in any way to gaming shall be
15disclosed to the Board. Such disclosure shall be in writing by
16the official within 30 days after the communication and shall
17be filed with the Board. Disclosure must consist of the date of
18the communication, the identity and job title of the person
19with whom the communication was made, a brief summary of the
20communication, the action requested or recommended, all
21responses made, the identity and job title of the person
22making the response, and any other pertinent information.
23Public disclosure of the written summary provided to the Board
24and the Gaming Board shall be subject to the exemptions
25provided under the Freedom of Information Act.
26    This subsection (j) shall not apply to communications

 

 

HB0344- 20 -LRB102 04255 SMS 14273 b

1regarding traffic, law enforcement, security, environmental
2issues, city services, transportation, or other routine
3matters concerning the ordinary operations of the riverboat or
4casino. For purposes of this subsection (j), "ordinary
5operations" means operations relating to the casino or
6riverboat facility other than the conduct of gambling
7activities, and "routine matters" includes the application
8for, issuance of, renewal of, and other processes associated
9with municipal permits and licenses.
10    (j-1) Any employee of the corporate authority of a host
11community who has, within the previous calendar year,
12committed conduct of the types enumerated in subsections (c)
13and (d) must by January 31 of the following calendar year file
14a description of this conduct with the Board. Public
15disclosure of the description provided to the Board shall be
16subject to the exemptions provided under the Freedom of
17Information Act.
18    Any former employee of the corporate authority of a host
19community who has, within the previous calendar year,
20committed conduct of the types enumerated in subsection (e)
21must by January 31 of the following calendar year file a
22description of this conduct with the Board. Public disclosure
23of the description provided to the Board shall be subject to
24the exemptions provided under the Freedom of Information Act.
25    Any spouse, child, or parent of an employee of the
26corporate authority of a host community who has, within the

 

 

HB0344- 21 -LRB102 04255 SMS 14273 b

1previous calendar year, committed conduct of the types
2enumerated in subsections (f), (g), and (h) must by January 31
3of the following calendar year file a description of this
4conduct with the Board. Public disclosure of the description
5provided to the Board shall be subject to the exemptions
6provided under the Freedom of Information Act.
7    (k) Any official or employee who violates any provision of
8this Section is guilty of a Class 4 felony.
9    (l) For purposes of this Section: , "host community"
10    "Employee of the corporate authority of a host community"
11means an employee of the corporate authority of a host
12community who is not an official of the corporate authority of
13a host community.
14    "Host community" or "host municipality" means a unit of
15local government that contains a riverboat or casino within
16its borders.
17    "Official of the corporate authority of a host community"
18means a person who is: (1) an elected official of the corporate
19authority of a host community or (2) a department head or
20executive official of a host community.
21(Source: P.A. 101-31, eff. 6-28-19.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.