103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2039

 

Introduced 2/7/2023, by Rep. Anna Moeller - Natalie A. Manley

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7
410 ILCS 535/24  from Ch. 111 1/2, par. 73-24

    Creates the Access to Public Health Data Act. Provides that the Department of Public Health, the Department of Human Services, and the Department of Children and Family Services shall, at the request of a local health department in Illinois, make any and all public health data related to residents of that local health department's jurisdiction available to that local health department for the purposes of preventing or controlling disease, injury, or disability. Provides that the Department of Public Health, the Department of Human Services, and the Department of Healthcare and Family Services may adopt any rules necessary to implement the Act. Exempts specified information from inspection and copying under the Freedom of Information Act and makes a conforming change in that Act. Contains other provisions. Amends the Vital Records Act. Provides that no rule adopted by the Department of Public Health shall be construed as restricting access to vital records by any municipality, county, multicounty, public health district, or regional health officer recognized by the Department for the purposes described in specified provisions.


LRB103 04768 CPF 49777 b

 

 

A BILL FOR

 

HB2039LRB103 04768 CPF 49777 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Access
5to Public Health Data Act.
 
6    Section 5. Definition. In this Act, "public health data"
7includes, but is not limited to, birth and death certificate
8data, hospital discharge data, adverse pregnancy outcomes
9reporting system (APORS) data, cancer registry data, syndromic
10surveillance data, and prescription monitoring program (PMP)
11data.
 
12    Section 10. Access to public health data; certified local
13health departments; safeguards.
14    (a) Notwithstanding any other provision of State law to
15the contrary, the Department of Public Health, the Department
16of Human Services, and the Department of Healthcare and Family
17Services shall, at the request of a certified local health
18department in this State, make any and all public health data
19related to residents of that certified local health
20department's jurisdiction available to that certified local
21health department for the purposes of preventing or
22controlling disease, injury, or disability. The commissioner,

 

 

HB2039- 2 -LRB103 04768 CPF 49777 b

1executive director, chief operating officer, chief medical
2officer, or equivalent executive leader of a certified local
3health department has express authority to request and receive
4such data.
5    (b) A certified local health department shall have access
6to data under this Act only for the purposes identified in this
7Act. The Department of Public Health, the Department of Human
8Services, the Department of Healthcare and Family Services,
9and the requesting certified local health department shall
10protect the privacy and security of data obtained under this
11Act in accordance with applicable federal and State law and
12shall apply appropriate administrative, physical, and
13technical safeguards to ensure the privacy and security of the
14data and protect the data from unauthorized access, use, or
15disclosure. Appropriate safeguards include, but are not
16limited to, authentication and authorization of users prior to
17gaining access to data obtained under this Act.
18    (c) A certified local health department shall apply
19appropriate controls to ensure that access to data under this
20Act is provided on a minimum, necessary basis and limited to
21only those persons whose public health duties and
22responsibilities require such access. Any data obtained under
23this Act and in the possession of a certified local health
24department shall be exempt from inspection and copying under
25subsection (pp) of Section 7 of the Freedom of Information
26Act. Any data obtained under this Act shall not be admissible

 

 

HB2039- 3 -LRB103 04768 CPF 49777 b

1as evidence nor discoverable in any action of any kind in any
2court or before any tribunal, board, agency, or person. The
3access to or disclosure of any information or data by a
4certified local health department under this Act shall not
5waive or have any effect upon its nondiscoverability or
6inadmissibility. The identity of any individual identified in
7data obtained under this Act shall be confidential and shall
8not be disclosed publicly or in any action of any kind.
 
9    Section 15. Data use agreements. A disclosing State
10department and the requesting certified local health
11department shall enter into a data use agreement to ensure
12appropriate, effective, and efficient use of data obtained
13under this Act by the certified local health department,
14though no data use agreement shall, in a manner inconsistent
15with the purpose or requirements of this Act, impede certified
16local health department access to any public health data
17available to the Department of Public Health, the Department
18of Human Services, or the Department of Healthcare and Family
19Services, nor shall it require indemnification as a
20prerequisite to access.
 
21    Section 20. Standard request data forms. Within 60 days
22after the effective date of this Act, the Department of Public
23Health, the Department of Human Services, and the Department
24of Healthcare and Family Services shall develop a standard

 

 

HB2039- 4 -LRB103 04768 CPF 49777 b

1data request form for use by certified local health
2departments, the terms of which shall be limited to data
3content, format, method of transfer, analytic and statistical
4methods, scope of use, and requirements for safeguarding the
5data.
 
6    Section 25. Latest available data. The Department of
7Public Health, the Department of Human Services, and the
8Department of Healthcare and Family Services must provide the
9latest available data for each certified local health
10department request within 90 business days after receiving the
11data request form.
 
12    Section 30. Rules. The Department of Public Health, the
13Department of Human Services, and the Department of Healthcare
14and Family Services may adopt any rules necessary to implement
15this Act.
 
16    Section 900. The Freedom of Information Act is amended by
17changing Section 7 as follows:
 
18    (5 ILCS 140/7)
19    (Text of Section before amendment by P.A. 102-753,
20102-776, and 102-982)
21    Sec. 7. Exemptions.
22    (1) When a request is made to inspect or copy a public

 

 

HB2039- 5 -LRB103 04768 CPF 49777 b

1record that contains information that is exempt from
2disclosure under this Section, but also contains information
3that is not exempt from disclosure, the public body may elect
4to redact the information that is exempt. The public body
5shall make the remaining information available for inspection
6and copying. Subject to this requirement, the following shall
7be exempt from inspection and copying:
8        (a) Information specifically prohibited from
9    disclosure by federal or State law or rules and
10    regulations implementing federal or State law.
11        (b) Private information, unless disclosure is required
12    by another provision of this Act, a State or federal law,
13    or a court order.
14        (b-5) Files, documents, and other data or databases
15    maintained by one or more law enforcement agencies and
16    specifically designed to provide information to one or
17    more law enforcement agencies regarding the physical or
18    mental status of one or more individual subjects.
19        (c) Personal information contained within public
20    records, the disclosure of which would constitute a
21    clearly unwarranted invasion of personal privacy, unless
22    the disclosure is consented to in writing by the
23    individual subjects of the information. "Unwarranted
24    invasion of personal privacy" means the disclosure of
25    information that is highly personal or objectionable to a
26    reasonable person and in which the subject's right to

 

 

HB2039- 6 -LRB103 04768 CPF 49777 b

1    privacy outweighs any legitimate public interest in
2    obtaining the information. The disclosure of information
3    that bears on the public duties of public employees and
4    officials shall not be considered an invasion of personal
5    privacy.
6        (d) Records in the possession of any public body
7    created in the course of administrative enforcement
8    proceedings, and any law enforcement or correctional
9    agency for law enforcement purposes, but only to the
10    extent that disclosure would:
11            (i) interfere with pending or actually and
12        reasonably contemplated law enforcement proceedings
13        conducted by any law enforcement or correctional
14        agency that is the recipient of the request;
15            (ii) interfere with active administrative
16        enforcement proceedings conducted by the public body
17        that is the recipient of the request;
18            (iii) create a substantial likelihood that a
19        person will be deprived of a fair trial or an impartial
20        hearing;
21            (iv) unavoidably disclose the identity of a
22        confidential source, confidential information
23        furnished only by the confidential source, or persons
24        who file complaints with or provide information to
25        administrative, investigative, law enforcement, or
26        penal agencies; except that the identities of

 

 

HB2039- 7 -LRB103 04768 CPF 49777 b

1        witnesses to traffic accidents, traffic accident
2        reports, and rescue reports shall be provided by
3        agencies of local government, except when disclosure
4        would interfere with an active criminal investigation
5        conducted by the agency that is the recipient of the
6        request;
7            (v) disclose unique or specialized investigative
8        techniques other than those generally used and known
9        or disclose internal documents of correctional
10        agencies related to detection, observation, or
11        investigation of incidents of crime or misconduct, and
12        disclosure would result in demonstrable harm to the
13        agency or public body that is the recipient of the
14        request;
15            (vi) endanger the life or physical safety of law
16        enforcement personnel or any other person; or
17            (vii) obstruct an ongoing criminal investigation
18        by the agency that is the recipient of the request.
19        (d-5) A law enforcement record created for law
20    enforcement purposes and contained in a shared electronic
21    record management system if the law enforcement agency
22    that is the recipient of the request did not create the
23    record, did not participate in or have a role in any of the
24    events which are the subject of the record, and only has
25    access to the record through the shared electronic record
26    management system.

 

 

HB2039- 8 -LRB103 04768 CPF 49777 b

1        (d-6) Records contained in the Officer Professional
2    Conduct Database under Section 9.2 of the Illinois Police
3    Training Act, except to the extent authorized under that
4    Section. This includes the documents supplied to the
5    Illinois Law Enforcement Training Standards Board from the
6    Illinois State Police and Illinois State Police Merit
7    Board.
8        (e) Records that relate to or affect the security of
9    correctional institutions and detention facilities.
10        (e-5) 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 are available in the library of the correctional
14    institution or facility or jail where the inmate is
15    confined.
16        (e-6) Records requested by persons committed to the
17    Department of Corrections, Department of Human Services
18    Division of Mental Health, or a county jail if those
19    materials include records from staff members' personnel
20    files, staff rosters, or other staffing assignment
21    information.
22        (e-7) Records requested by persons committed to the
23    Department of Corrections or Department of Human Services
24    Division of Mental Health if those materials are available
25    through an administrative request to the Department of
26    Corrections or Department of Human Services Division of

 

 

HB2039- 9 -LRB103 04768 CPF 49777 b

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

 

 

HB2039- 10 -LRB103 04768 CPF 49777 b

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

 

 

HB2039- 11 -LRB103 04768 CPF 49777 b

1    private equity fund, nor to the identity of the fund's
2    managers or general partners. The exemption contained in
3    this item does not apply to the identity of a privately
4    held company within the investment portfolio of a private
5    equity fund, unless the disclosure of the identity of a
6    privately held company may cause competitive harm.
7        Nothing contained in this paragraph (g) shall be
8    construed to prevent a person or business from consenting
9    to disclosure.
10        (h) Proposals and bids for any contract, grant, or
11    agreement, including information which if it were
12    disclosed would frustrate procurement or give an advantage
13    to any person proposing to enter into a contractor
14    agreement with the body, until an award or final selection
15    is made. Information prepared by or for the body in
16    preparation of a bid solicitation shall be exempt until an
17    award or final selection is made.
18        (i) Valuable formulae, computer geographic systems,
19    designs, drawings, and research data obtained or produced
20    by any public body when disclosure could reasonably be
21    expected to produce private gain or public loss. The
22    exemption for "computer geographic systems" provided in
23    this paragraph (i) does not extend to requests made by
24    news media as defined in Section 2 of this Act when the
25    requested information is not otherwise exempt and the only
26    purpose of the request is to access and disseminate

 

 

HB2039- 12 -LRB103 04768 CPF 49777 b

1    information regarding the health, safety, welfare, or
2    legal rights of the general public.
3        (j) The following information pertaining to
4    educational matters:
5            (i) test questions, scoring keys, and other
6        examination data used to administer an academic
7        examination;
8            (ii) information received by a primary or
9        secondary school, college, or university under its
10        procedures for the evaluation of faculty members by
11        their academic peers;
12            (iii) information concerning a school or
13        university's adjudication of student disciplinary
14        cases, but only to the extent that disclosure would
15        unavoidably reveal the identity of the student; and
16            (iv) course materials or research materials used
17        by faculty members.
18        (k) Architects' plans, engineers' technical
19    submissions, and other construction related technical
20    documents for projects not constructed or developed in
21    whole or in part with public funds and the same for
22    projects constructed or developed with public funds,
23    including, but not limited to, power generating and
24    distribution stations and other transmission and
25    distribution facilities, water treatment facilities,
26    airport facilities, sport stadiums, convention centers,

 

 

HB2039- 13 -LRB103 04768 CPF 49777 b

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

 

 

HB2039- 14 -LRB103 04768 CPF 49777 b

1    information that, if disclosed, would jeopardize the
2    security of the system or its data or the security of
3    materials exempt under this Section.
4        (p) Records relating to collective negotiating matters
5    between public bodies and their employees or
6    representatives, except that any final contract or
7    agreement shall be subject to inspection and copying.
8        (q) Test questions, scoring keys, and other
9    examination data used to determine the qualifications of
10    an applicant for a license or employment.
11        (r) The records, documents, and information relating
12    to real estate purchase negotiations until those
13    negotiations have been completed or otherwise terminated.
14    With regard to a parcel involved in a pending or actually
15    and reasonably contemplated eminent domain proceeding
16    under the Eminent Domain Act, records, documents, and
17    information relating to that parcel shall be exempt except
18    as may be allowed under discovery rules adopted by the
19    Illinois Supreme Court. The records, documents, and
20    information relating to a real estate sale shall be exempt
21    until a sale is consummated.
22        (s) Any and all proprietary information and records
23    related to the operation of an intergovernmental risk
24    management association or self-insurance pool or jointly
25    self-administered health and accident cooperative or pool.
26    Insurance or self-insurance self insurance (including any

 

 

HB2039- 15 -LRB103 04768 CPF 49777 b

1    intergovernmental risk management association or
2    self-insurance self insurance pool) claims, loss or risk
3    management information, records, data, advice, or
4    communications.
5        (t) 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, insurance companies, or pharmacy benefit
10    managers, unless disclosure is otherwise required by State
11    law.
12        (u) Information that would disclose or might lead to
13    the disclosure of secret or confidential information,
14    codes, algorithms, programs, or private keys intended to
15    be used to create electronic signatures under the Uniform
16    Electronic Transactions Act.
17        (v) Vulnerability assessments, security measures, and
18    response policies or plans that are designed to identify,
19    prevent, or respond to potential attacks upon a
20    community's population or systems, facilities, or
21    installations, the destruction or contamination of which
22    would constitute a clear and present danger to the health
23    or safety of the community, but only to the extent that
24    disclosure could reasonably be expected to jeopardize the
25    effectiveness of the measures or the safety of the
26    personnel who implement them or the public. Information

 

 

HB2039- 16 -LRB103 04768 CPF 49777 b

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

 

 

HB2039- 17 -LRB103 04768 CPF 49777 b

1    review team and records maintained by a mortality review
2    team appointed under the Department of Juvenile Justice
3    Mortality Review Team Act.
4        (cc) Information regarding interments, entombments, or
5    inurnments of human remains that are submitted to the
6    Cemetery Oversight Database under the Cemetery Care Act or
7    the Cemetery Oversight Act, whichever is applicable.
8        (dd) Correspondence and records (i) that may not be
9    disclosed under Section 11-9 of the Illinois Public Aid
10    Code or (ii) that pertain to appeals under Section 11-8 of
11    the Illinois Public Aid Code.
12        (ee) The names, addresses, or other personal
13    information of persons who are minors and are also
14    participants and registrants in programs of park
15    districts, forest preserve districts, conservation
16    districts, recreation agencies, and special recreation
17    associations.
18        (ff) The names, addresses, or other personal
19    information of participants and registrants in programs of
20    park districts, forest preserve districts, conservation
21    districts, recreation agencies, and special recreation
22    associations where such programs are targeted primarily to
23    minors.
24        (gg) Confidential information described in Section
25    1-100 of the Illinois Independent Tax Tribunal Act of
26    2012.

 

 

HB2039- 18 -LRB103 04768 CPF 49777 b

1        (hh) The report submitted to the State Board of
2    Education by the School Security and Standards Task Force
3    under item (8) of subsection (d) of Section 2-3.160 of the
4    School Code and any information contained in that report.
5        (ii) Records requested by persons committed to or
6    detained by the Department of Human Services under the
7    Sexually Violent Persons Commitment Act or committed to
8    the Department of Corrections under the Sexually Dangerous
9    Persons Act if those materials: (i) are available in the
10    library of the facility where the individual is confined;
11    (ii) include records from staff members' personnel files,
12    staff rosters, or other staffing assignment information;
13    or (iii) are available through an administrative request
14    to the Department of Human Services or the Department of
15    Corrections.
16        (jj) Confidential information described in Section
17    5-535 of the Civil Administrative Code of Illinois.
18        (kk) The public body's credit card numbers, debit card
19    numbers, bank account numbers, Federal Employer
20    Identification Number, security code numbers, passwords,
21    and similar account information, the disclosure of which
22    could result in identity theft or impression or defrauding
23    of a governmental entity or a person.
24        (ll) Records concerning the work of the threat
25    assessment team of a school district, including, but not
26    limited to, any threat assessment procedure under the

 

 

HB2039- 19 -LRB103 04768 CPF 49777 b

1    School Safety Drill Act and any information contained in
2    the procedure.
3        (mm) Information prohibited from being disclosed under
4    subsections (a) and (b) of Section 15 of the Student
5    Confidential Reporting Act.
6        (nn) (mm) Proprietary information submitted to the
7    Environmental Protection Agency under the Drug Take-Back
8    Act.
9    (1.5) Any information exempt from disclosure under the
10Judicial Privacy Act shall be redacted from public records
11prior to disclosure under this Act.
12    (2) A public record that is not in the possession of a
13public body but is in the possession of a party with whom the
14agency has contracted to perform a governmental function on
15behalf of the public body, and that directly relates to the
16governmental function and is not otherwise exempt under this
17Act, shall be considered a public record of the public body,
18for purposes of this Act.
19    (3) This Section does not authorize withholding of
20information or limit the availability of records to the
21public, except as stated in this Section or otherwise provided
22in this Act.
23(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
24101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
256-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
26eff. 5-6-22; 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22;

 

 

HB2039- 20 -LRB103 04768 CPF 49777 b

1revised 8-1-22.)
 
2    (Text of Section after amendment by P.A. 102-753 and
3102-776 but before amendment by P.A. 102-982)
4    Sec. 7. Exemptions.
5    (1) When a request is made to inspect or copy a public
6record that contains information that is exempt from
7disclosure under this Section, but also contains information
8that is not exempt from disclosure, the public body may elect
9to redact the information that is exempt. The public body
10shall make the remaining information available for inspection
11and copying. Subject to this requirement, the following shall
12be exempt from inspection and copying:
13        (a) Information specifically prohibited from
14    disclosure by federal or State law or rules and
15    regulations implementing federal or State law.
16        (b) Private information, unless disclosure is required
17    by another provision of this Act, a State or federal law,
18    or a court order.
19        (b-5) Files, documents, and other data or databases
20    maintained by one or more law enforcement agencies and
21    specifically designed to provide information to one or
22    more law enforcement agencies regarding the physical or
23    mental status of one or more individual subjects.
24        (c) Personal information contained within public
25    records, the disclosure of which would constitute a

 

 

HB2039- 21 -LRB103 04768 CPF 49777 b

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

 

 

HB2039- 22 -LRB103 04768 CPF 49777 b

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

 

 

HB2039- 23 -LRB103 04768 CPF 49777 b

1    record management system if the law enforcement agency
2    that is the recipient of the request did not create the
3    record, did not participate in or have a role in any of the
4    events which are the subject of the record, and only has
5    access to the record through the shared electronic record
6    management system.
7        (d-6) Records contained in the Officer Professional
8    Conduct Database under Section 9.2 of the Illinois Police
9    Training Act, except to the extent authorized under that
10    Section. This includes the documents supplied to the
11    Illinois Law Enforcement Training Standards Board from the
12    Illinois State Police and Illinois State Police Merit
13    Board.
14        (e) Records that relate to or affect the security of
15    correctional institutions and detention facilities.
16        (e-5) Records requested by persons committed to the
17    Department of Corrections, Department of Human Services
18    Division of Mental Health, or a county jail if those
19    materials are available in the library of the correctional
20    institution or facility or jail where the inmate is
21    confined.
22        (e-6) Records requested by persons committed to the
23    Department of Corrections, Department of Human Services
24    Division of Mental Health, or a county jail if those
25    materials include records from staff members' personnel
26    files, staff rosters, or other staffing assignment

 

 

HB2039- 24 -LRB103 04768 CPF 49777 b

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

 

 

HB2039- 25 -LRB103 04768 CPF 49777 b

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

 

 

HB2039- 26 -LRB103 04768 CPF 49777 b

1    fund, from a private equity fund or a privately held
2    company within the investment portfolio of a private
3    equity fund as a result of either investing or evaluating
4    a potential investment of public funds in a private equity
5    fund. The exemption contained in this item does not apply
6    to the aggregate financial performance information of a
7    private equity fund, nor to the identity of the fund's
8    managers or general partners. The exemption contained in
9    this item does not apply to the identity of a privately
10    held company within the investment portfolio of a private
11    equity fund, unless the disclosure of the identity of a
12    privately held company may cause competitive harm.
13        Nothing contained in this paragraph (g) shall be
14    construed to prevent a person or business from consenting
15    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
26    by any public body when disclosure could reasonably be

 

 

HB2039- 27 -LRB103 04768 CPF 49777 b

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
4    news 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) The following information pertaining to
10    educational matters:
11            (i) test questions, scoring keys, and other
12        examination data used to administer an academic
13        examination;
14            (ii) information received by a primary or
15        secondary school, college, or university under its
16        procedures for the evaluation of faculty members by
17        their academic peers;
18            (iii) information concerning a school or
19        university's adjudication of student disciplinary
20        cases, but only to the extent that disclosure would
21        unavoidably reveal the identity of the student; and
22            (iv) course materials or research materials used
23        by faculty members.
24        (k) Architects' plans, engineers' technical
25    submissions, and other construction related technical
26    documents for projects not constructed or developed in

 

 

HB2039- 28 -LRB103 04768 CPF 49777 b

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

 

 

HB2039- 29 -LRB103 04768 CPF 49777 b

1    with automated data processing operations, including, but
2    not limited to, software, operating protocols, computer
3    program abstracts, file layouts, source listings, object
4    modules, load modules, user guides, documentation
5    pertaining to all logical and physical design of
6    computerized systems, employee manuals, and any other
7    information that, if disclosed, would jeopardize the
8    security of the system or its data or the security of
9    materials exempt under this Section.
10        (p) Records relating to collective negotiating matters
11    between public bodies and their employees or
12    representatives, except that any final contract or
13    agreement shall be subject to inspection and copying.
14        (q) Test questions, scoring keys, and other
15    examination data used to determine the qualifications of
16    an applicant for a license or employment.
17        (r) The records, documents, and information relating
18    to real estate purchase negotiations until those
19    negotiations have been completed or otherwise terminated.
20    With regard to a parcel involved in a pending or actually
21    and reasonably contemplated eminent domain proceeding
22    under the Eminent Domain Act, records, documents, and
23    information relating to that parcel shall be exempt except
24    as may be allowed under discovery rules adopted by the
25    Illinois Supreme Court. The records, documents, and
26    information relating to a real estate sale shall be exempt

 

 

HB2039- 30 -LRB103 04768 CPF 49777 b

1    until a sale is consummated.
2        (s) Any and all proprietary information and records
3    related to the operation of an intergovernmental risk
4    management association or self-insurance pool or jointly
5    self-administered health and accident cooperative or pool.
6    Insurance or self-insurance self insurance (including any
7    intergovernmental risk management association or
8    self-insurance self insurance pool) claims, loss or risk
9    management information, records, data, advice, or
10    communications.
11        (t) Information contained in or related to
12    examination, operating, or condition reports prepared by,
13    on behalf of, or for the use of a public body responsible
14    for the regulation or supervision of financial
15    institutions, insurance companies, or pharmacy benefit
16    managers, unless disclosure is otherwise required by State
17    law.
18        (u) Information that would disclose or might lead to
19    the disclosure of secret or confidential information,
20    codes, algorithms, programs, or private keys intended to
21    be used to create electronic signatures under the Uniform
22    Electronic Transactions Act.
23        (v) Vulnerability assessments, security measures, and
24    response policies or plans that are designed to identify,
25    prevent, or respond to potential attacks upon a
26    community's population or systems, facilities, or

 

 

HB2039- 31 -LRB103 04768 CPF 49777 b

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

 

 

HB2039- 32 -LRB103 04768 CPF 49777 b

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

 

 

HB2039- 33 -LRB103 04768 CPF 49777 b

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

 

 

HB2039- 34 -LRB103 04768 CPF 49777 b

1    could result in identity theft or impression or defrauding
2    of a governmental entity or a person.
3        (ll) Records concerning the work of the threat
4    assessment team of a school district, including, but not
5    limited to, any threat assessment procedure under the
6    School Safety Drill Act and any information contained in
7    the procedure.
8        (mm) Information prohibited from being disclosed under
9    subsections (a) and (b) of Section 15 of the Student
10    Confidential Reporting Act.
11        (nn) (mm) Proprietary information submitted to the
12    Environmental Protection Agency under the Drug Take-Back
13    Act.
14        (oo) (mm) Records described in subsection (f) of
15    Section 3-5-1 of the Unified Code of Corrections.
16    (1.5) Any information exempt from disclosure under the
17Judicial Privacy Act shall be redacted from public records
18prior to disclosure under this Act.
19    (2) A public record that is not in the possession of a
20public body but is in the possession of a party with whom the
21agency has contracted to perform a governmental function on
22behalf of the public body, and that directly relates to the
23governmental function and is not otherwise exempt under this
24Act, shall be considered a public record of the public body,
25for purposes of this Act.
26    (3) This Section does not authorize withholding of

 

 

HB2039- 35 -LRB103 04768 CPF 49777 b

1information or limit the availability of records to the
2public, except as stated in this Section or otherwise provided
3in this Act.
4(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
5101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
66-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
7eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
8102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
98-1-22.)
 
10    (Text of Section after amendment by P.A. 102-982)
11    Sec. 7. Exemptions.
12    (1) When a request is made to inspect or copy a public
13record that contains information that is exempt from
14disclosure under this Section, but also contains information
15that is not exempt from disclosure, the public body may elect
16to redact the information that is exempt. The public body
17shall make the remaining information available for inspection
18and copying. Subject to this requirement, the following shall
19be exempt from inspection and copying:
20        (a) Information specifically prohibited from
21    disclosure by federal or State law or rules and
22    regulations implementing federal or State law.
23        (b) Private information, unless disclosure is required
24    by another provision of this Act, a State or federal law,
25    or a court order.

 

 

HB2039- 36 -LRB103 04768 CPF 49777 b

1        (b-5) Files, documents, and other data or databases
2    maintained by one or more law enforcement agencies and
3    specifically designed to provide information to one or
4    more law enforcement agencies regarding the physical or
5    mental status of one or more individual subjects.
6        (c) Personal information contained within public
7    records, the disclosure of which would constitute a
8    clearly unwarranted invasion of personal privacy, unless
9    the disclosure is consented to in writing by the
10    individual subjects of the information. "Unwarranted
11    invasion of personal privacy" means the disclosure of
12    information that is highly personal or objectionable to a
13    reasonable person and in which the subject's right to
14    privacy outweighs any legitimate public interest in
15    obtaining 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.
19        (d) Records in the possession of any public body
20    created in the course of administrative enforcement
21    proceedings, and any law enforcement or correctional
22    agency for law enforcement purposes, but only to the
23    extent that disclosure would:
24            (i) interfere with pending or actually and
25        reasonably contemplated law enforcement proceedings
26        conducted by any law enforcement or correctional

 

 

HB2039- 37 -LRB103 04768 CPF 49777 b

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

 

 

HB2039- 38 -LRB103 04768 CPF 49777 b

1        request;
2            (vi) endanger the life or physical safety of law
3        enforcement personnel or any other person; or
4            (vii) obstruct an ongoing criminal investigation
5        by the agency that is the recipient of the request.
6        (d-5) A law enforcement record created for law
7    enforcement purposes and contained in a shared electronic
8    record management system if the law enforcement agency
9    that is the recipient of the request did not create the
10    record, did not participate in or have a role in any of the
11    events which are the subject of the record, and only has
12    access to the record through the shared electronic record
13    management system.
14        (d-6) Records contained in the Officer Professional
15    Conduct Database under Section 9.2 of the Illinois Police
16    Training Act, except to the extent authorized under that
17    Section. This includes the documents supplied to the
18    Illinois Law Enforcement Training Standards Board from the
19    Illinois State Police and Illinois State Police Merit
20    Board.
21        (e) Records that relate to or affect the security of
22    correctional institutions and detention facilities.
23        (e-5) Records requested by persons committed to the
24    Department of Corrections, Department of Human Services
25    Division of Mental Health, or a county jail if those
26    materials are available in the library of the correctional

 

 

HB2039- 39 -LRB103 04768 CPF 49777 b

1    institution or facility or jail where the inmate is
2    confined.
3        (e-6) Records requested by persons committed to the
4    Department of Corrections, Department of Human Services
5    Division of Mental Health, or a county jail if those
6    materials include records from staff members' personnel
7    files, staff rosters, or other staffing assignment
8    information.
9        (e-7) Records requested by persons committed to the
10    Department of Corrections or Department of Human Services
11    Division of Mental Health if those materials are available
12    through an administrative request to the Department of
13    Corrections or Department of Human Services Division of
14    Mental Health.
15        (e-8) Records requested by a person committed to the
16    Department of Corrections, Department of Human Services
17    Division of Mental Health, or a county jail, the
18    disclosure of which would result in the risk of harm to any
19    person or the risk of an escape from a jail or correctional
20    institution or facility.
21        (e-9) Records requested by a person in a county jail
22    or committed to the Department of Corrections or
23    Department of Human Services Division of Mental Health,
24    containing personal information pertaining to the person's
25    victim or the victim's family, including, but not limited
26    to, a victim's home address, home telephone number, work

 

 

HB2039- 40 -LRB103 04768 CPF 49777 b

1    or school address, work telephone number, social security
2    number, or any other identifying information, except as
3    may be relevant to a requester's current or potential case
4    or claim.
5        (e-10) Law enforcement records of other persons
6    requested by a person committed to the Department of
7    Corrections, Department of Human Services Division of
8    Mental Health, or a county jail, including, but not
9    limited to, arrest and booking records, mug shots, and
10    crime scene photographs, except as these records may be
11    relevant to the requester's current or potential case or
12    claim.
13        (f) Preliminary drafts, notes, recommendations,
14    memoranda, and other records in which opinions are
15    expressed, or policies or actions are formulated, except
16    that a specific record or relevant portion of a record
17    shall not be exempt when the record is publicly cited and
18    identified by the head of the public body. The exemption
19    provided in this paragraph (f) extends to all those
20    records of officers and agencies of the General Assembly
21    that pertain to the preparation of legislative documents.
22        (g) Trade secrets and commercial or financial
23    information obtained from a person or business where the
24    trade secrets or commercial or financial information are
25    furnished under a claim that they are proprietary,
26    privileged, or confidential, and that disclosure of the

 

 

HB2039- 41 -LRB103 04768 CPF 49777 b

1    trade secrets or commercial or financial information would
2    cause competitive harm to the person or business, and only
3    insofar as the claim directly applies to the records
4    requested.
5        The information included under this exemption includes
6    all trade secrets and commercial or financial information
7    obtained by a public body, including a public pension
8    fund, from a private equity fund or a privately held
9    company within the investment portfolio of a private
10    equity fund as a result of either investing or evaluating
11    a potential investment of public funds in a private equity
12    fund. The exemption contained in this item does not apply
13    to the aggregate financial performance information of a
14    private equity fund, nor to the identity of the fund's
15    managers or general partners. The exemption contained in
16    this item does not apply to the identity of a privately
17    held company within the investment portfolio of a private
18    equity fund, unless the disclosure of the identity of a
19    privately held company may cause competitive harm.
20        Nothing contained in this paragraph (g) shall be
21    construed to prevent a person or business from consenting
22    to disclosure.
23        (h) Proposals and bids for any contract, grant, or
24    agreement, including information which if it were
25    disclosed would frustrate procurement or give an advantage
26    to any person proposing to enter into a contractor

 

 

HB2039- 42 -LRB103 04768 CPF 49777 b

1    agreement with the body, until an award or final selection
2    is made. Information prepared by or for the body in
3    preparation of a bid solicitation shall be exempt until an
4    award or final selection is made.
5        (i) Valuable formulae, computer geographic systems,
6    designs, drawings, and research data obtained or produced
7    by any public body when disclosure could reasonably be
8    expected to produce private gain or public loss. The
9    exemption for "computer geographic systems" provided in
10    this paragraph (i) does not extend to requests made by
11    news media as defined in Section 2 of this Act when the
12    requested information is not otherwise exempt and the only
13    purpose of the request is to access and disseminate
14    information regarding the health, safety, welfare, or
15    legal rights of the general public.
16        (j) The following information pertaining to
17    educational matters:
18            (i) test questions, scoring keys, and other
19        examination data used to administer an academic
20        examination;
21            (ii) information received by a primary or
22        secondary school, college, or university under its
23        procedures for the evaluation of faculty members by
24        their academic peers;
25            (iii) information concerning a school or
26        university's adjudication of student disciplinary

 

 

HB2039- 43 -LRB103 04768 CPF 49777 b

1        cases, but only to the extent that disclosure would
2        unavoidably reveal the identity of the student; and
3            (iv) course materials or research materials used
4        by faculty members.
5        (k) Architects' plans, engineers' technical
6    submissions, and other construction related technical
7    documents for projects not constructed or developed in
8    whole or in part with public funds and the same for
9    projects constructed or developed with public funds,
10    including, but not limited to, power generating and
11    distribution stations and other transmission and
12    distribution facilities, water treatment facilities,
13    airport facilities, sport stadiums, convention centers,
14    and all government owned, operated, or occupied buildings,
15    but only to the extent that disclosure would compromise
16    security.
17        (l) Minutes of meetings of public bodies closed to the
18    public as provided in the Open Meetings Act until the
19    public body makes the minutes available to the public
20    under Section 2.06 of the Open Meetings Act.
21        (m) Communications between a public body and an
22    attorney or auditor representing the public body that
23    would not be subject to discovery in litigation, and
24    materials prepared or compiled by or for a public body in
25    anticipation of a criminal, civil, or administrative
26    proceeding upon the request of an attorney advising the

 

 

HB2039- 44 -LRB103 04768 CPF 49777 b

1    public body, and materials prepared or compiled with
2    respect to internal audits of public bodies.
3        (n) Records relating to a public body's adjudication
4    of employee grievances or disciplinary cases; however,
5    this exemption shall not extend to the final outcome of
6    cases in which discipline is imposed.
7        (o) Administrative or technical information associated
8    with automated data processing operations, including, but
9    not limited to, software, operating protocols, computer
10    program abstracts, file layouts, source listings, object
11    modules, load modules, user guides, documentation
12    pertaining to all logical and physical design of
13    computerized systems, employee manuals, and any other
14    information that, if disclosed, would jeopardize the
15    security of the system or its data or the security of
16    materials exempt under this Section.
17        (p) Records relating to collective negotiating matters
18    between public bodies and their employees or
19    representatives, except that any final contract or
20    agreement shall be subject to inspection and copying.
21        (q) Test questions, scoring keys, and other
22    examination data used to determine the qualifications of
23    an applicant for a license or employment.
24        (r) The records, documents, and information relating
25    to real estate purchase negotiations until those
26    negotiations have been completed or otherwise terminated.

 

 

HB2039- 45 -LRB103 04768 CPF 49777 b

1    With regard to a parcel involved in a pending or actually
2    and reasonably contemplated eminent domain proceeding
3    under the Eminent Domain Act, records, documents, and
4    information relating to that parcel shall be exempt except
5    as may be allowed under discovery rules adopted by the
6    Illinois Supreme Court. The records, documents, and
7    information relating to a real estate sale shall be exempt
8    until a sale is consummated.
9        (s) Any and all proprietary information and records
10    related to the operation of an intergovernmental risk
11    management association or self-insurance pool or jointly
12    self-administered health and accident cooperative or pool.
13    Insurance or self-insurance self insurance (including any
14    intergovernmental risk management association or
15    self-insurance self insurance pool) claims, loss or risk
16    management information, records, data, advice, or
17    communications.
18        (t) Information contained in or related to
19    examination, operating, or condition reports prepared by,
20    on behalf of, or for the use of a public body responsible
21    for the regulation or supervision of financial
22    institutions, insurance companies, or pharmacy benefit
23    managers, unless disclosure is otherwise required by State
24    law.
25        (u) Information that would disclose or might lead to
26    the disclosure of secret or confidential information,

 

 

HB2039- 46 -LRB103 04768 CPF 49777 b

1    codes, algorithms, programs, or private keys intended to
2    be used to create electronic signatures under the Uniform
3    Electronic Transactions Act.
4        (v) Vulnerability assessments, security measures, and
5    response policies or plans that are designed to identify,
6    prevent, or respond to potential attacks upon a
7    community's population or systems, facilities, or
8    installations, but only to the extent that disclosure
9    could reasonably be expected to expose the vulnerability
10    or jeopardize the effectiveness of the measures, policies,
11    or plans, or the safety of the personnel who implement
12    them or the public. Information exempt under this item may
13    include such things as details pertaining to the
14    mobilization or deployment of personnel or equipment, to
15    the operation of communication systems or protocols, to
16    cybersecurity vulnerabilities, or to tactical operations.
17        (w) (Blank).
18        (x) Maps and other records regarding the location or
19    security of generation, transmission, distribution,
20    storage, gathering, treatment, or switching facilities
21    owned by a utility, by a power generator, or by the
22    Illinois Power Agency.
23        (y) Information contained in or related to proposals,
24    bids, or negotiations related to electric power
25    procurement under Section 1-75 of the Illinois Power
26    Agency Act and Section 16-111.5 of the Public Utilities

 

 

HB2039- 47 -LRB103 04768 CPF 49777 b

1    Act that is determined to be confidential and proprietary
2    by the Illinois Power Agency or by the Illinois Commerce
3    Commission.
4        (z) Information about students exempted from
5    disclosure under Section Sections 10-20.38 or 34-18.29 of
6    the School Code, and information about undergraduate
7    students enrolled at an institution of higher education
8    exempted from disclosure under Section 25 of the Illinois
9    Credit Card Marketing Act of 2009.
10        (aa) Information the disclosure of which is exempted
11    under the Viatical Settlements Act of 2009.
12        (bb) Records and information provided to a mortality
13    review team and records maintained by a mortality review
14    team appointed under the Department of Juvenile Justice
15    Mortality Review Team Act.
16        (cc) Information regarding interments, entombments, or
17    inurnments of human remains that are submitted to the
18    Cemetery Oversight Database under the Cemetery Care Act or
19    the Cemetery Oversight Act, whichever is applicable.
20        (dd) Correspondence and records (i) that may not be
21    disclosed under Section 11-9 of the Illinois Public Aid
22    Code or (ii) that pertain to appeals under Section 11-8 of
23    the Illinois Public Aid Code.
24        (ee) The names, addresses, or other personal
25    information of persons who are minors and are also
26    participants and registrants in programs of park

 

 

HB2039- 48 -LRB103 04768 CPF 49777 b

1    districts, forest preserve districts, conservation
2    districts, recreation agencies, and special recreation
3    associations.
4        (ff) The names, addresses, or other personal
5    information of participants and registrants in programs of
6    park districts, forest preserve districts, conservation
7    districts, recreation agencies, and special recreation
8    associations where such programs are targeted primarily to
9    minors.
10        (gg) Confidential information described in Section
11    1-100 of the Illinois Independent Tax Tribunal Act of
12    2012.
13        (hh) The report submitted to the State Board of
14    Education by the School Security and Standards Task Force
15    under item (8) of subsection (d) of Section 2-3.160 of the
16    School Code and any information contained in that report.
17        (ii) Records requested by persons committed to or
18    detained by the Department of Human Services under the
19    Sexually Violent Persons Commitment Act or committed to
20    the Department of Corrections under the Sexually Dangerous
21    Persons Act if those materials: (i) are available in the
22    library of the facility where the individual is confined;
23    (ii) include records from staff members' personnel files,
24    staff rosters, or other staffing assignment information;
25    or (iii) are available through an administrative request
26    to the Department of Human Services or the Department of

 

 

HB2039- 49 -LRB103 04768 CPF 49777 b

1    Corrections.
2        (jj) Confidential information described in Section
3    5-535 of the Civil Administrative Code of Illinois.
4        (kk) The public body's credit card numbers, debit card
5    numbers, bank account numbers, Federal Employer
6    Identification Number, security code numbers, passwords,
7    and similar account information, the disclosure of which
8    could result in identity theft or impression or defrauding
9    of a governmental entity or a person.
10        (ll) Records concerning the work of the threat
11    assessment team of a school district, including, but not
12    limited to, any threat assessment procedure under the
13    School Safety Drill Act and any information contained in
14    the procedure.
15        (mm) Information prohibited from being disclosed under
16    subsections (a) and (b) of Section 15 of the Student
17    Confidential Reporting Act.
18        (nn) (mm) Proprietary information submitted to the
19    Environmental Protection Agency under the Drug Take-Back
20    Act.
21        (oo) (mm) Records described in subsection (f) of
22    Section 3-5-1 of the Unified Code of Corrections.
23        (pp) Information obtained by a certified local health
24    department under the Access to Public Health Data Act.
25    (1.5) Any information exempt from disclosure under the
26Judicial Privacy Act shall be redacted from public records

 

 

HB2039- 50 -LRB103 04768 CPF 49777 b

1prior to disclosure under this Act.
2    (2) A public record that is not in the possession of a
3public body but is in the possession of a party with whom the
4agency has contracted to perform a governmental function on
5behalf of the public body, and that directly relates to the
6governmental function and is not otherwise exempt under this
7Act, shall be considered a public record of the public body,
8for purposes of this Act.
9    (3) This Section does not authorize withholding of
10information or limit the availability of records to the
11public, except as stated in this Section or otherwise provided
12in this Act.
13(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
14101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
156-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
16eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
17102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
186-10-22; revised 8-1-22.)
 
19    Section 905. The Vital Records Act is amended by changing
20Section 24 as follows:
 
21    (410 ILCS 535/24)  (from Ch. 111 1/2, par. 73-24)
22    Sec. 24. (1) To protect the integrity of vital records, to
23insure their proper use, and to insure the efficient and
24proper administration of the vital records system, access to

 

 

HB2039- 51 -LRB103 04768 CPF 49777 b

1vital records, and indexes thereof, including vital records in
2the custody of local registrars and county clerks originating
3prior to January 1, 1916, is limited to the custodian and his
4employees, and then only for administrative purposes, except
5that the indexes of those records in the custody of local
6registrars and county clerks, originating prior to January 1,
71916, shall be made available to persons for the purpose of
8genealogical research. Original, photographic or
9microphotographic reproductions of original records of births
10100 years old and older and deaths 50 years old and older, and
11marriage records 75 years old and older on file in the State
12Office of Vital Records and in the custody of the county clerks
13may be made available for inspection in the Illinois State
14Archives reference area, Illinois Regional Archives
15Depositories, and other libraries approved by the Illinois
16State Registrar and the Director of the Illinois State
17Archives, provided that the photographic or microphotographic
18copies are made at no cost to the county or to the State of
19Illinois. It is unlawful for any custodian to permit
20inspection of, or to disclose information contained in, vital
21records, or to copy or permit to be copied, all or part of any
22such record except as authorized by this Act or regulations
23adopted pursuant thereto.
24    (2) The State Registrar of Vital Records, or his agent,
25and any municipal, county, multi-county, public health
26district, or regional health officer recognized by the

 

 

HB2039- 52 -LRB103 04768 CPF 49777 b

1Department may examine vital records for the purpose only of
2carrying out the public health programs and responsibilities
3under his jurisdiction.
4    (3) The State Registrar of Vital Records, may disclose, or
5authorize the disclosure of, data contained in the vital
6records when deemed essential for bona fide research purposes
7which are not for private gain.
8    This amendatory Act of 1973 does not apply to any home rule
9unit.
10    (4) The State Registrar shall exchange with the Department
11of Healthcare and Family Services information that may be
12necessary for the establishment of paternity and the
13establishment, modification, and enforcement of child support
14orders entered pursuant to the Illinois Public Aid Code, the
15Illinois Marriage and Dissolution of Marriage Act, the
16Non-Support of Spouse and Children Act, the Non-Support
17Punishment Act, the Revised Uniform Reciprocal Enforcement of
18Support Act, the Uniform Interstate Family Support Act, the
19Illinois Parentage Act of 1984, or the Illinois Parentage Act
20of 2015. Notwithstanding any provisions in this Act to the
21contrary, the State Registrar shall not be liable to any
22person for any disclosure of information to the Department of
23Healthcare and Family Services (formerly Illinois Department
24of Public Aid) under this subsection or for any other action
25taken in good faith to comply with the requirements of this
26subsection.

 

 

HB2039- 53 -LRB103 04768 CPF 49777 b

1    (5) No rule adopted by the Department shall be construed,
2either explicitly or implicitly, as restricting access to
3vital records by any municipality, county, multicounty, public
4health district, or regional health officer recognized by the
5Department for the purposes described in subsections (2) and
6(3).
7(Source: P.A. 99-85, eff. 1-1-16.)
 
8    Section 995. No acceleration or delay. Where this Act
9makes changes in a statute that is represented in this Act by
10text that is not yet or no longer in effect (for example, a
11Section represented by multiple versions), the use of that
12text does not accelerate or delay the taking effect of (i) the
13changes made by this Act or (ii) provisions derived from any
14other Public Act.