103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4292

 

Introduced 1/16/2024, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/2  from Ch. 116, par. 202
5 ILCS 140/7
5 ILCS 140/9.5

    Amends the Freedom of Information Act. Provides that, for purposes of the Act, "public body" includes the judicial branch and components of the judicial branch of the State. Exempts records that pertain to the preparation of judicial opinions and orders. Excludes denials of requests of records from the judicial branch or components of the judicial branch from the jurisdiction of the Public Access Counselor.


LRB103 35053 AWJ 65001 b

 

 

A BILL FOR

 

HB4292LRB103 35053 AWJ 65001 b

1    AN ACT concerning government.
 
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 Sections 2, 7, and 9.5 as follows:
 
6    (5 ILCS 140/2)  (from Ch. 116, par. 202)
7    (Text of Section before amendment by P.A. 103-554)
8    Sec. 2. Definitions. As used in this Act:
9    (a) "Public body" means all legislative, executive,
10administrative, or advisory bodies of the State, state
11universities and colleges, counties, townships, cities,
12villages, incorporated towns, school districts and all other
13municipal corporations, boards, bureaus, committees, or
14commissions of this State, any subsidiary bodies of any of the
15foregoing including but not limited to committees and
16subcommittees thereof, and a School Finance Authority created
17under Article 1E of the School Code. "Public body" does not
18include a child death review team or the Illinois Child Death
19Review Teams Executive Council established under the Child
20Death Review Team Act, or a regional youth advisory board or
21the Statewide Youth Advisory Board established under the
22Department of Children and Family Services Statewide Youth
23Advisory Board Act.

 

 

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1    (b) "Person" means any individual, corporation,
2partnership, firm, organization or association, acting
3individually or as a group.
4    (c) "Public records" means all records, reports, forms,
5writings, letters, memoranda, books, papers, maps,
6photographs, microfilms, cards, tapes, recordings, electronic
7data processing records, electronic communications, recorded
8information and all other documentary materials pertaining to
9the transaction of public business, regardless of physical
10form or characteristics, having been prepared by or for, or
11having been or being used by, received by, in the possession
12of, or under the control of any public body.
13    (c-5) "Private information" means unique identifiers,
14including a person's social security number, driver's license
15number, employee identification number, biometric identifiers,
16personal financial information, passwords or other access
17codes, medical records, home or personal telephone numbers,
18and personal email addresses. Private information also
19includes home address and personal license plates, except as
20otherwise provided by law or when compiled without possibility
21of attribution to any person.
22    (c-10) "Commercial purpose" means the use of any part of a
23public record or records, or information derived from public
24records, in any form for sale, resale, or solicitation or
25advertisement for sales or services. For purposes of this
26definition, requests made by news media and non-profit,

 

 

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1scientific, or academic organizations shall not be considered
2to be made for a "commercial purpose" when the principal
3purpose of the request is (i) to access and disseminate
4information concerning news and current or passing events,
5(ii) for articles of opinion or features of interest to the
6public, or (iii) for the purpose of academic, scientific, or
7public research or education.
8    (d) "Copying" means the reproduction of any public record
9by means of any photographic, electronic, mechanical or other
10process, device or means now known or hereafter developed and
11available to the public body.
12    (e) "Head of the public body" means the president, mayor,
13chairman, presiding officer, director, superintendent,
14manager, supervisor or individual otherwise holding primary
15executive and administrative authority for the public body, or
16such person's duly authorized designee.
17    (f) "News media" means a newspaper or other periodical
18issued at regular intervals whether in print or electronic
19format, a news service whether in print or electronic format,
20a radio station, a television station, a television network, a
21community antenna television service, or a person or
22corporation engaged in making news reels or other motion
23picture news for public showing.
24    (g) "Recurrent requester", as used in Section 3.2 of this
25Act, means a person that, in the 12 months immediately
26preceding the request, has submitted to the same public body

 

 

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1(i) a minimum of 50 requests for records, (ii) a minimum of 15
2requests for records within a 30-day period, or (iii) a
3minimum of 7 requests for records within a 7-day period. For
4purposes of this definition, requests made by news media and
5non-profit, scientific, or academic organizations shall not be
6considered in calculating the number of requests made in the
7time periods in this definition when the principal purpose of
8the requests is (i) to access and disseminate information
9concerning news and current or passing events, (ii) for
10articles of opinion or features of interest to the public, or
11(iii) for the purpose of academic, scientific, or public
12research or education.
13    For the purposes of this subsection (g), "request" means a
14written document (or oral request, if the public body chooses
15to honor oral requests) that is submitted to a public body via
16personal delivery, mail, telefax, electronic mail, or other
17means available to the public body and that identifies the
18particular public record the requester seeks. One request may
19identify multiple records to be inspected or copied.
20    (h) "Voluminous request" means a request that: (i)
21includes more than 5 individual requests for more than 5
22different categories of records or a combination of individual
23requests that total requests for more than 5 different
24categories of records in a period of 20 business days; or (ii)
25requires the compilation of more than 500 letter or
26legal-sized pages of public records unless a single requested

 

 

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1record exceeds 500 pages. "Single requested record" may
2include, but is not limited to, one report, form, e-mail,
3letter, memorandum, book, map, microfilm, tape, or recording.
4    "Voluminous request" does not include a request made by
5news media and non-profit, scientific, or academic
6organizations if the principal purpose of the request is: (1)
7to access and disseminate information concerning news and
8current or passing events; (2) for articles of opinion or
9features of interest to the public; or (3) for the purpose of
10academic, scientific, or public research or education.
11    For the purposes of this subsection (h), "request" means a
12written document, or oral request, if the public body chooses
13to honor oral requests, that is submitted to a public body via
14personal delivery, mail, telefax, electronic mail, or other
15means available to the public body and that identifies the
16particular public record or records the requester seeks. One
17request may identify multiple individual records to be
18inspected or copied.
19    (i) "Severance agreement" means a mutual agreement between
20any public body and its employee for the employee's
21resignation in exchange for payment by the public body.
22(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
2399-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
 
24    (Text of Section after amendment by P.A. 103-554)
25    Sec. 2. Definitions. As used in this Act:

 

 

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1    (a) "Public body" means all legislative, executive,
2judicial branch, components of the judicial branch,
3administrative, or advisory bodies of the State, state
4universities and colleges, counties, townships, cities,
5villages, incorporated towns, school districts and all other
6municipal corporations, boards, bureaus, committees, or
7commissions of this State, any subsidiary bodies of any of the
8foregoing including but not limited to committees and
9subcommittees thereof, and a School Finance Authority created
10under Article 1E of the School Code. "Public body" does not
11include a child death review team or the Illinois Child Death
12Review Teams Executive Council established under the Child
13Death Review Team Act, or a regional youth advisory board or
14the Statewide Youth Advisory Board established under the
15Department of Children and Family Services Statewide Youth
16Advisory Board Act.
17    (b) "Person" means any individual, corporation,
18partnership, firm, organization or association, acting
19individually or as a group.
20    (c) "Public records" means all records, reports, forms,
21writings, letters, memoranda, books, papers, maps,
22photographs, microfilms, cards, tapes, recordings, electronic
23data processing records, electronic communications, recorded
24information and all other documentary materials pertaining to
25the transaction of public business, regardless of physical
26form or characteristics, having been prepared by or for, or

 

 

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1having been or being used by, received by, in the possession
2of, or under the control of any public body.
3    (c-5) "Private information" means unique identifiers,
4including a person's social security number, driver's license
5number, employee identification number, biometric identifiers,
6personal financial information, passwords or other access
7codes, medical records, home or personal telephone numbers,
8and personal email addresses. Private information also
9includes home address and personal license plates, except as
10otherwise provided by law or when compiled without possibility
11of attribution to any person. For a public body that is a
12HIPAA-covered entity, "private information" includes
13electronic medical records and all information, including
14demographic information, contained within or extracted from an
15electronic medical records system operated or maintained by
16the public body in compliance with State and federal medical
17privacy laws and regulations, including, but not limited to,
18the Health Insurance Portability and Accountability Act and
19its regulations, 45 CFR Parts 160 and 164. As used in this
20subsection, "HIPAA-covered entity" has the meaning given to
21the term "covered entity" in 45 CFR 160.103.
22    (c-10) "Commercial purpose" means the use of any part of a
23public record or records, or information derived from public
24records, in any form for sale, resale, or solicitation or
25advertisement for sales or services. For purposes of this
26definition, requests made by news media and non-profit,

 

 

HB4292- 8 -LRB103 35053 AWJ 65001 b

1scientific, or academic organizations shall not be considered
2to be made for a "commercial purpose" when the principal
3purpose of the request is (i) to access and disseminate
4information concerning news and current or passing events,
5(ii) for articles of opinion or features of interest to the
6public, or (iii) for the purpose of academic, scientific, or
7public research or education.
8    (d) "Copying" means the reproduction of any public record
9by means of any photographic, electronic, mechanical or other
10process, device or means now known or hereafter developed and
11available to the public body.
12    (e) "Head of the public body" means the president, mayor,
13chairman, presiding officer, director, superintendent,
14manager, supervisor or individual otherwise holding primary
15executive and administrative authority for the public body, or
16such person's duly authorized designee.
17    (f) "News media" means a newspaper or other periodical
18issued at regular intervals whether in print or electronic
19format, a news service whether in print or electronic format,
20a radio station, a television station, a television network, a
21community antenna television service, or a person or
22corporation engaged in making news reels or other motion
23picture news for public showing.
24    (g) "Recurrent requester", as used in Section 3.2 of this
25Act, means a person that, in the 12 months immediately
26preceding the request, has submitted to the same public body

 

 

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1(i) a minimum of 50 requests for records, (ii) a minimum of 15
2requests for records within a 30-day period, or (iii) a
3minimum of 7 requests for records within a 7-day period. For
4purposes of this definition, requests made by news media and
5non-profit, scientific, or academic organizations shall not be
6considered in calculating the number of requests made in the
7time periods in this definition when the principal purpose of
8the requests is (i) to access and disseminate information
9concerning news and current or passing events, (ii) for
10articles of opinion or features of interest to the public, or
11(iii) for the purpose of academic, scientific, or public
12research or education.
13    For the purposes of this subsection (g), "request" means a
14written document (or oral request, if the public body chooses
15to honor oral requests) that is submitted to a public body via
16personal delivery, mail, telefax, electronic mail, or other
17means available to the public body and that identifies the
18particular public record the requester seeks. One request may
19identify multiple records to be inspected or copied.
20    (h) "Voluminous request" means a request that: (i)
21includes more than 5 individual requests for more than 5
22different categories of records or a combination of individual
23requests that total requests for more than 5 different
24categories of records in a period of 20 business days; or (ii)
25requires the compilation of more than 500 letter or
26legal-sized pages of public records unless a single requested

 

 

HB4292- 10 -LRB103 35053 AWJ 65001 b

1record exceeds 500 pages. "Single requested record" may
2include, but is not limited to, one report, form, e-mail,
3letter, memorandum, book, map, microfilm, tape, or recording.
4    "Voluminous request" does not include a request made by
5news media and non-profit, scientific, or academic
6organizations if the principal purpose of the request is: (1)
7to access and disseminate information concerning news and
8current or passing events; (2) for articles of opinion or
9features of interest to the public; or (3) for the purpose of
10academic, scientific, or public research or education.
11    For the purposes of this subsection (h), "request" means a
12written document, or oral request, if the public body chooses
13to honor oral requests, that is submitted to a public body via
14personal delivery, mail, telefax, electronic mail, or other
15means available to the public body and that identifies the
16particular public record or records the requester seeks. One
17request may identify multiple individual records to be
18inspected or copied.
19    (i) "Severance agreement" means a mutual agreement between
20any public body and its employee for the employee's
21resignation in exchange for payment by the public body.
22(Source: P.A. 103-554, eff. 1-1-24.)
 
23    (5 ILCS 140/7)
24    Sec. 7. Exemptions.
25    (1) When a request is made to inspect or copy a public

 

 

HB4292- 11 -LRB103 35053 AWJ 65001 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

 

 

HB4292- 12 -LRB103 35053 AWJ 65001 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

 

 

HB4292- 13 -LRB103 35053 AWJ 65001 b

1        witnesses to traffic crashes, traffic crash reports,
2        and rescue reports shall be provided by agencies of
3        local government, except when disclosure would
4        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.

 

 

HB4292- 14 -LRB103 35053 AWJ 65001 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        (d-7) Information gathered or records created from the
9    use of automatic license plate readers in connection with
10    Section 2-130 of the Illinois Vehicle Code.
11        (e) Records that relate to or affect the security of
12    correctional institutions and detention facilities.
13        (e-5) Records requested by persons committed to the
14    Department of Corrections, Department of Human Services
15    Division of Mental Health, or a county jail if those
16    materials are available in the library of the correctional
17    institution or facility or jail where the inmate is
18    confined.
19        (e-6) Records requested by persons committed to the
20    Department of Corrections, Department of Human Services
21    Division of Mental Health, or a county jail if those
22    materials include records from staff members' personnel
23    files, staff rosters, or other staffing assignment
24    information.
25        (e-7) Records requested by persons committed to the
26    Department of Corrections or Department of Human Services

 

 

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

 

 

HB4292- 16 -LRB103 35053 AWJ 65001 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB4292- 21 -LRB103 35053 AWJ 65001 b

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

 

 

HB4292- 22 -LRB103 35053 AWJ 65001 b

1    or jeopardize the effectiveness of the measures, policies,
2    or plans, or the safety of the personnel who implement
3    them or the public. Information exempt under this item may
4    include such things as details pertaining to the
5    mobilization or deployment of personnel or equipment, to
6    the operation of communication systems or protocols, to
7    cybersecurity vulnerabilities, 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 Section 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.

 

 

HB4292- 23 -LRB103 35053 AWJ 65001 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.

 

 

HB4292- 24 -LRB103 35053 AWJ 65001 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.

 

 

HB4292- 25 -LRB103 35053 AWJ 65001 b

1        (ll) Records concerning the work of the threat
2    assessment team of a school district, including, but not
3    limited to, any threat assessment procedure under the
4    School Safety Drill Act and any information contained in
5    the procedure.
6        (mm) Information prohibited from being disclosed under
7    subsections (a) and (b) of Section 15 of the Student
8    Confidential Reporting Act.
9        (nn) Proprietary information submitted to the
10    Environmental Protection Agency under the Drug Take-Back
11    Act.
12        (oo) Records described in subsection (f) of Section
13    3-5-1 of the Unified Code of Corrections.
14        (pp) Any and all information regarding burials,
15    interments, or entombments of human remains as required to
16    be reported to the Department of Natural Resources
17    pursuant either to the Archaeological and Paleontological
18    Resources Protection Act or the Human Remains Protection
19    Act.
20        (qq) (pp) Reports described in subsection (e) of
21    Section 16-15 of the Abortion Care Clinical Training
22    Program Act.
23        (rr) (pp) Information obtained by a certified local
24    health department under the Access to Public Health Data
25    Act.
26        (ss) (pp) For a request directed to a public body that

 

 

HB4292- 26 -LRB103 35053 AWJ 65001 b

1    is also a HIPAA-covered entity, all information that is
2    protected health information, including demographic
3    information, that may be contained within or extracted
4    from any record held by the public body in compliance with
5    State and federal medical privacy laws and regulations,
6    including, but not limited to, the Health Insurance
7    Portability and Accountability Act and its regulations, 45
8    CFR Parts 160 and 164. As used in this paragraph,
9    "HIPAA-covered entity" has the meaning given to the term
10    "covered entity" in 45 CFR 160.103 and "protected health
11    information" has the meaning given to that term in 45 CFR
12    160.103.
13    (1.5) Any information exempt from disclosure under the
14Judicial Privacy Act shall be redacted from public records
15prior to disclosure under this Act.
16    (2) A public record that is not in the possession of a
17public body but is in the possession of a party with whom the
18agency has contracted to perform a governmental function on
19behalf of the public body, and that directly relates to the
20governmental function and is not otherwise exempt under this
21Act, shall be considered a public record of the public body,
22for purposes of this Act.
23    (3) This Section does not authorize withholding of
24information or limit the availability of records to the
25public, except as stated in this Section or otherwise provided
26in this Act.

 

 

HB4292- 27 -LRB103 35053 AWJ 65001 b

1(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
2102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
31-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
4eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
5103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
68-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
79-7-23.)
 
8    (5 ILCS 140/9.5)
9    (Text of Section before amendment by P.A. 103-69)
10    Sec. 9.5. Public Access Counselor; opinions.
11    (a) A person whose request to inspect or copy a public
12record is denied by a public body, except the General Assembly
13and committees, commissions, and agencies thereof, may file a
14request for review with the Public Access Counselor
15established in the Office of the Attorney General not later
16than 60 days after the date of the final denial. The request
17for review must be in writing, signed by the requester, and
18include (i) a copy of the request for access to records and
19(ii) any responses from the public body.
20    (b) A person whose request to inspect or copy a public
21record is made for a commercial purpose as defined in
22subsection (c-10) of Section 2 of this Act may not file a
23request for review with the Public Access Counselor. A person
24whose request to inspect or copy a public record was treated by
25the public body as a request for a commercial purpose under

 

 

HB4292- 28 -LRB103 35053 AWJ 65001 b

1Section 3.1 of this Act may file a request for review with the
2Public Access Counselor for the limited purpose of reviewing
3whether the public body properly determined that the request
4was made for a commercial purpose.
5    (b-5) A person whose request to inspect or copy a public
6record was treated by a public body, except the General
7Assembly and committees, commissions, and agencies thereof, as
8a voluminous request under Section 3.6 of this Act may file a
9request for review with the Public Access Counselor for the
10purpose of reviewing whether the public body properly
11determined that the request was a voluminous request.
12    (c) Upon receipt of a request for review, the Public
13Access Counselor shall determine whether further action is
14warranted. If the Public Access Counselor determines that the
15alleged violation is unfounded, he or she shall so advise the
16requester and the public body and no further action shall be
17undertaken. In all other cases, the Public Access Counselor
18shall forward a copy of the request for review to the public
19body within 7 business days after receipt and shall specify
20the records or other documents that the public body shall
21furnish to facilitate the review. Within 7 business days after
22receipt of the request for review, the public body shall
23provide copies of records requested and shall otherwise fully
24cooperate with the Public Access Counselor. If a public body
25fails to furnish specified records pursuant to this Section,
26or if otherwise necessary, the Attorney General may issue a

 

 

HB4292- 29 -LRB103 35053 AWJ 65001 b

1subpoena to any person or public body having knowledge of or
2records pertaining to a request for review of a denial of
3access to records under the Act. To the extent that records or
4documents produced by a public body contain information that
5is claimed to be exempt from disclosure under Section 7 of this
6Act, the Public Access Counselor shall not further disclose
7that information.
8    (d) Within 7 business days after it receives a copy of a
9request for review and request for production of records from
10the Public Access Counselor, the public body may, but is not
11required to, answer the allegations of the request for review.
12The answer may take the form of a letter, brief, or memorandum.
13The Public Access Counselor shall forward a copy of the answer
14to the person submitting the request for review, with any
15alleged confidential information to which the request pertains
16redacted from the copy. The requester may, but is not required
17to, respond in writing to the answer within 7 business days and
18shall provide a copy of the response to the public body.
19    (e) In addition to the request for review, and the answer
20and the response thereto, if any, a requester or a public body
21may furnish affidavits or records concerning any matter
22germane to the review.
23    (f) Unless the Public Access Counselor extends the time by
24no more than 30 business days by sending written notice to the
25requester and the public body that includes a statement of the
26reasons for the extension in the notice, or decides to address

 

 

HB4292- 30 -LRB103 35053 AWJ 65001 b

1the matter without the issuance of a binding opinion, the
2Attorney General shall examine the issues and the records,
3shall make findings of fact and conclusions of law, and shall
4issue to the requester and the public body an opinion in
5response to the request for review within 60 days after its
6receipt. The opinion shall be binding upon both the requester
7and the public body, subject to administrative review under
8Section 11.5.
9    In responding to any request under this Section 9.5, the
10Attorney General may exercise his or her discretion and choose
11to resolve a request for review by mediation or by a means
12other than the issuance of a binding opinion. The decision not
13to issue a binding opinion shall not be reviewable.
14    Upon receipt of a binding opinion concluding that a
15violation of this Act has occurred, the public body shall
16either take necessary action immediately to comply with the
17directive of the opinion or shall initiate administrative
18review under Section 11.5. If the opinion concludes that no
19violation of the Act has occurred, the requester may initiate
20administrative review under Section 11.5.
21    A public body that discloses records in accordance with an
22opinion of the Attorney General is immune from all liabilities
23by reason thereof and shall not be liable for penalties under
24this Act.
25    (g) If the requester files suit under Section 11 with
26respect to the same denial that is the subject of a pending

 

 

HB4292- 31 -LRB103 35053 AWJ 65001 b

1request for review, the requester shall notify the Public
2Access Counselor, and the Public Access Counselor shall take
3no further action with respect to the request for review and
4shall so notify the public body.
5    (h) The Attorney General may also issue advisory opinions
6to public bodies regarding compliance with this Act. A review
7may be initiated upon receipt of a written request from the
8head of the public body or its attorney, which shall contain
9sufficient accurate facts from which a determination can be
10made. The Public Access Counselor may request additional
11information from the public body in order to assist in the
12review. A public body that relies in good faith on an advisory
13opinion of the Attorney General in responding to a request is
14not liable for penalties under this Act, so long as the facts
15upon which the opinion is based have been fully and fairly
16disclosed to the Public Access Counselor.
17(Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)
 
18    (Text of Section after amendment by P.A. 103-69)
19    Sec. 9.5. Public Access Counselor; opinions.
20    (a) A person whose request to inspect or copy a public
21record is denied by a public body, except the General Assembly
22and committees, commissions, and agencies thereof and the
23judicial branch and the components of the judicial branch, may
24file a request for review with the Public Access Counselor
25established in the Office of the Attorney General not later

 

 

HB4292- 32 -LRB103 35053 AWJ 65001 b

1than 60 days after the date of the final denial. The request
2for review must be in writing, signed by the requester, and
3include (i) a copy of the request for access to records and
4(ii) any responses from the public body.
5    (b) A person whose request to inspect or copy a public
6record is made for a commercial purpose as defined in
7subsection (c-10) of Section 2 of this Act may not file a
8request for review with the Public Access Counselor. A person
9whose request to inspect or copy a public record was treated by
10the public body as a request for a commercial purpose under
11Section 3.1 of this Act may file a request for review with the
12Public Access Counselor for the limited purpose of reviewing
13whether the public body properly determined that the request
14was made for a commercial purpose.
15    (b-5) A person whose request to inspect or copy a public
16record was treated by a public body, except the General
17Assembly and committees, commissions, and agencies thereof and
18the judicial branch and the components of the judicial branch,
19as a voluminous request under Section 3.6 of this Act may file
20a request for review with the Public Access Counselor for the
21purpose of reviewing whether the public body properly
22determined that the request was a voluminous request.
23    (c) Upon receipt of a request for review, the Public
24Access Counselor shall determine whether further action is
25warranted. If the Public Access Counselor determines that the
26alleged violation is unfounded, he or she shall so advise the

 

 

HB4292- 33 -LRB103 35053 AWJ 65001 b

1requester and the public body and no further action shall be
2undertaken. In all other cases, the Public Access Counselor
3shall forward a copy of the request for review to the public
4body within 7 business days after receipt and shall specify
5the records or other documents that the public body shall
6furnish to facilitate the review. Within 7 business days after
7receipt of the request for review, the public body shall
8provide copies of records requested and shall otherwise fully
9cooperate with the Public Access Counselor. If a public body
10fails to furnish specified records pursuant to this Section,
11or if otherwise necessary, the Attorney General may issue a
12subpoena to any person or public body having knowledge of or
13records pertaining to a request for review of a denial of
14access to records under the Act. Records or documents obtained
15by the Public Access Counselor from a public body for the
16purpose of addressing a request for review under this Section
17may not be disclosed to the public, including the requester,
18by the Public Access Counselor. These records, while in the
19possession of the Public Access Counselor, are exempt under
20this Act from disclosure by the Public Access Counselor.
21    (d) Within 7 business days after it receives a copy of a
22request for review and request for production of records from
23the Public Access Counselor, the public body may, but is not
24required to, answer the allegations of the request for review.
25The answer may take the form of a letter, brief, or memorandum.
26The Public Access Counselor shall forward a copy of the answer

 

 

HB4292- 34 -LRB103 35053 AWJ 65001 b

1to the person submitting the request for review, with any
2alleged confidential information to which the request pertains
3redacted from the copy. The requester may, but is not required
4to, respond in writing to the answer within 7 business days and
5shall provide a copy of the response to the public body.
6    (e) In addition to the request for review, and the answer
7and the response thereto, if any, a requester or a public body
8may furnish affidavits or records concerning any matter
9germane to the review.
10    (f) Unless the Public Access Counselor extends the time by
11no more than 30 business days by sending written notice to the
12requester and the public body that includes a statement of the
13reasons for the extension in the notice, or decides to address
14the matter without the issuance of a binding opinion, the
15Attorney General shall examine the issues and the records,
16shall make findings of fact and conclusions of law, and shall
17issue to the requester and the public body an opinion in
18response to the request for review within 60 days after its
19receipt. The opinion shall be binding upon both the requester
20and the public body, subject to administrative review under
21Section 11.5.
22    In responding to any request under this Section 9.5, the
23Attorney General may exercise his or her discretion and choose
24to resolve a request for review by mediation or by a means
25other than the issuance of a binding opinion. The decision not
26to issue a binding opinion shall not be reviewable.

 

 

HB4292- 35 -LRB103 35053 AWJ 65001 b

1    Upon receipt of a binding opinion concluding that a
2violation of this Act has occurred, the public body shall
3either take necessary action immediately to comply with the
4directive of the opinion or shall initiate administrative
5review under Section 11.5. If the opinion concludes that no
6violation of the Act has occurred, the requester may initiate
7administrative review under Section 11.5.
8    A public body that discloses records in accordance with an
9opinion of the Attorney General is immune from all liabilities
10by reason thereof and shall not be liable for penalties under
11this Act.
12    (g) If the requester files suit under Section 11 with
13respect to the same denial that is the subject of a pending
14request for review, the requester shall notify the Public
15Access Counselor, and the Public Access Counselor shall take
16no further action with respect to the request for review and
17shall so notify the public body.
18    (h) The Attorney General may also issue advisory opinions
19to public bodies regarding compliance with this Act. A review
20may be initiated upon receipt of a written request from the
21head of the public body or its attorney, which shall contain
22sufficient accurate facts from which a determination can be
23made. The Public Access Counselor may request additional
24information from the public body in order to assist in the
25review. A public body that relies in good faith on an advisory
26opinion of the Attorney General in responding to a request is

 

 

HB4292- 36 -LRB103 35053 AWJ 65001 b

1not liable for penalties under this Act, so long as the facts
2upon which the opinion is based have been fully and fairly
3disclosed to the Public Access Counselor.
4(Source: P.A. 103-69, eff. 1-1-24.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.