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1     AN ACT concerning government.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Freedom of Information Act is amended by
5 changing Sections 2 and 7 as follows:
6     (5 ILCS 140/2)  (from Ch. 116, par. 202)
7     Sec. 2. Definitions. As used in this Act:
8     (a) "Public body" means any legislative, executive,
9 administrative, or advisory bodies of the State, state
10 universities and colleges, counties, townships, cities,
11 villages, incorporated towns, school districts and all other
12 municipal corporations, boards, bureaus, committees, or
13 commissions of this State, any subsidiary bodies of any of the
14 foregoing including but not limited to committees and
15 subcommittees which are supported in whole or in part by tax
16 revenue, or which expend tax revenue, and a School Finance
17 Authority created under Article 1E of the School Code. "Public
18 body" does not include a child death review team or the
19 Illinois Child Death Review Teams Executive Council
20 established under the Child Death Review Team Act.
21     (b) "Person" means any individual, corporation,
22 partnership, firm, organization or association, acting
23 individually or as a group.
24     (c) "Public records" means all records, reports, forms,
25 writings, letters, memoranda, books, papers, maps,
26 photographs, microfilms, cards, tapes, recordings, electronic
27 data processing records, recorded information and all other
28 documentary materials, regardless of physical form or
29 characteristics, having been prepared, or having been or being
30 used, received, possessed or under the control of any public
31 body. "Public records" includes, but is expressly not limited
32 to: (i) administrative manuals, procedural rules, and



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1 instructions to staff, unless exempted by Section 7(p) of this
2 Act; (ii) final opinions and orders made in the adjudication of
3 cases, except an educational institution's adjudication of
4 student or employee grievance or disciplinary cases; (iii)
5 substantive rules; (iv) statements and interpretations of
6 policy which have been adopted by a public body; (v) final
7 planning policies, recommendations, and decisions; (vi)
8 factual reports, inspection reports, and studies whether
9 prepared by or for the public body; (vii) all information in
10 any account, voucher, or contract dealing with the receipt or
11 expenditure of public or other funds of public bodies; (viii)
12 the names, salaries, titles, and dates of employment of all
13 employees and officers of public bodies; (ix) materials
14 containing opinions concerning the rights of the state, the
15 public, a subdivision of state or a local government, or of any
16 private persons; (x) the name of every official and the final
17 records of voting in all proceedings of public bodies; (xi)
18 applications for any contract, permit, grant, or agreement
19 except as exempted from disclosure by subsection (g) of Section
20 7 of this Act; (xii) each report, document, study, or
21 publication prepared by independent consultants or other
22 independent contractors for the public body; (xiii) all other
23 information required by law to be made available for public
24 inspection or copying; (xiv) information relating to any grant
25 or contract made by or between a public body and another public
26 body or private organization; (xv) waiver documents filed with
27 the State Superintendent of Education or the president of the
28 University of Illinois under Section 30-12.5 of the School
29 Code, concerning nominees for General Assembly scholarships
30 under Sections 30-9, 30-10, and 30-11 of the School Code; (xvi)
31 complaints, results of complaints, and Department of Children
32 and Family Services staff findings of licensing violations at
33 day care facilities, provided that personal and identifying
34 information is not released; and (xvii) records, reports,
35 forms, writings, letters, memoranda, books, papers, and other
36 documentary information, regardless of physical form or



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1 characteristics, having been prepared, or having been or being
2 used, received, possessed, or under the control of the Illinois
3 Sports Facilities Authority dealing with the receipt or
4 expenditure of public funds or other funds of the Authority in
5 connection with the reconstruction, renovation, remodeling,
6 extension, or improvement of all or substantially all of an
7 existing "facility" as that term is defined in the Illinois
8 Sports Facilities Authority Act; and (xviii) settlement
9 agreements entered into by or on behalf of a public body,
10 provided that personal and identifying information, other than
11 the identities of the parties, is not released.
12     (d) "Copying" means the reproduction of any public record
13 by means of any photographic, electronic, mechanical or other
14 process, device or means.
15     (e) "Head of the public body" means the president, mayor,
16 chairman, presiding officer, director, superintendent,
17 manager, supervisor or individual otherwise holding primary
18 executive and administrative authority for the public body, or
19 such person's duly authorized designee.
20     (f) "News media" means a newspaper or other periodical
21 issued at regular intervals whether in print or electronic
22 format, a news service whether in print or electronic format, a
23 radio station, a television station, a television network, a
24 community antenna television service, or a person or
25 corporation engaged in making news reels or other motion
26 picture news for public showing.
27 (Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01;
28 92-468, eff. 8-22-01; 92-547, eff. 6-13-02; 92-651, eff.
29 7-11-02.)
30     (5 ILCS 140/7)  (from Ch. 116, par. 207)
31     Sec. 7. Exemptions.
32     (1) The following shall be exempt from inspection and
33 copying:
34         (a) Information specifically prohibited from
35     disclosure by federal or State law or rules and regulations



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1     adopted under federal or State law.
2         (b) Information that, if disclosed, would constitute a
3     clearly unwarranted invasion of personal privacy, unless
4     the disclosure is consented to in writing by the individual
5     subjects of the information. The disclosure of information
6     that bears on the public duties of public employees and
7     officials shall not be considered an invasion of personal
8     privacy. Information exempted under this subsection (b)
9     shall include but is not limited to:
10             (i) files and personal information maintained with
11         respect to clients, patients, residents, students or
12         other individuals receiving social, medical,
13         educational, vocational, financial, supervisory or
14         custodial care or services directly or indirectly from
15         federal agencies or public bodies;
16             (ii) personnel files and personal information
17         maintained with respect to employees, appointees or
18         elected officials of any public body or applicants for
19         those positions;
20             (iii) files and personal information maintained
21         with respect to any applicant, registrant or licensee
22         by any public body cooperating with or engaged in
23         professional or occupational registration, licensure
24         or discipline;
25             (iv) information required of any taxpayer in
26         connection with the assessment or collection of any tax
27         unless disclosure is otherwise required by State
28         statute;
29             (v) information revealing the identity of persons
30         who file complaints with or provide information to
31         administrative, investigative, law enforcement or
32         penal agencies; provided, however, that identification
33         of witnesses to traffic accidents, traffic accident
34         reports, and rescue reports may be provided by agencies
35         of local government, except in a case for which a
36         criminal investigation is ongoing, without



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1         constituting a clearly unwarranted per se invasion of
2         personal privacy under this subsection; and
3             (vi) the names, addresses, or other personal
4         information of participants and registrants in park
5         district, forest preserve district, and conservation
6         district programs.
7         (c) Records compiled by any public body for
8     administrative enforcement proceedings and any law
9     enforcement or correctional agency for law enforcement
10     purposes or for internal matters of a public body, but only
11     to the extent that disclosure would:
12             (i) interfere with pending or actually and
13         reasonably contemplated law enforcement proceedings
14         conducted by any law enforcement or correctional
15         agency;
16             (ii) interfere with pending administrative
17         enforcement proceedings conducted by any public body;
18             (iii) deprive a person of a fair trial or an
19         impartial hearing;
20             (iv) unavoidably disclose the identity of a
21         confidential source or confidential information
22         furnished only by the confidential source;
23             (v) disclose unique or specialized investigative
24         techniques other than those generally used and known or
25         disclose internal documents of correctional agencies
26         related to detection, observation or investigation of
27         incidents of crime or misconduct;
28             (vi) constitute an invasion of personal privacy
29         under subsection (b) of this Section;
30             (vii) endanger the life or physical safety of law
31         enforcement personnel or any other person; or
32             (viii) obstruct an ongoing criminal investigation.
33         (d) Criminal history record information maintained by
34     State or local criminal justice agencies, except the
35     following which shall be open for public inspection and
36     copying:



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1             (i) chronologically maintained arrest information,
2         such as traditional arrest logs or blotters;
3             (ii) the name of a person in the custody of a law
4         enforcement agency and the charges for which that
5         person is being held;
6             (iii) court records that are public;
7             (iv) records that are otherwise available under
8         State or local law; or
9             (v) records in which the requesting party is the
10         individual identified, except as provided under part
11         (vii) of paragraph (c) of subsection (1) of this
12         Section.
13         "Criminal history record information" means data
14     identifiable to an individual and consisting of
15     descriptions or notations of arrests, detentions,
16     indictments, informations, pre-trial proceedings, trials,
17     or other formal events in the criminal justice system or
18     descriptions or notations of criminal charges (including
19     criminal violations of local municipal ordinances) and the
20     nature of any disposition arising therefrom, including
21     sentencing, court or correctional supervision,
22     rehabilitation and release. The term does not apply to
23     statistical records and reports in which individuals are
24     not identified and from which their identities are not
25     ascertainable, or to information that is for criminal
26     investigative or intelligence purposes.
27         (e) Records that relate to or affect the security of
28     correctional institutions and detention facilities.
29         (f) Preliminary drafts, notes, recommendations,
30     memoranda and other records in which opinions are
31     expressed, or policies or actions are formulated, except
32     that a specific record or relevant portion of a record
33     shall not be exempt when the record is publicly cited and
34     identified by the head of the public body. The exemption
35     provided in this paragraph (f) extends to all those records
36     of officers and agencies of the General Assembly that



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1     pertain to the preparation of legislative documents.
2         (g) Trade secrets and commercial or financial
3     information obtained from a person or business where the
4     trade secrets or information are proprietary, privileged
5     or confidential, and if such or where disclosure of the
6     trade secrets or information may cause competitive harm,
7     including all information determined to be confidential
8     under Section 4002 of the Technology Advancement and
9     Development Act. Nothing contained in this paragraph (g)
10     shall be construed to prevent a person or business from
11     consenting to disclosure.
12         (h) Proposals and bids for any contract, grant, or
13     agreement, including information which if it were
14     disclosed would frustrate procurement or give an advantage
15     to any person proposing to enter into a contractor
16     agreement with the body, until an award or final selection
17     is made. Information prepared by or for the body in
18     preparation of a bid solicitation shall be exempt until an
19     award or final selection is made.
20         (i) Valuable formulae, computer geographic systems,
21     designs, drawings and research data obtained or produced by
22     any public body when disclosure could reasonably be
23     expected to produce private gain or public loss. The
24     exemption for "computer geographic systems" provided in
25     this paragraph (i) does not extend to requests made by news
26     media as defined in Section 2 of this Act when the
27     requested information is not otherwise exempt and the only
28     purpose of the request is to access and disseminate
29     information regarding the health, safety, welfare, or
30     legal rights of the general public.
31         (j) Test questions, scoring keys and other examination
32     data used to administer an academic examination or
33     determined the qualifications of an applicant for a license
34     or employment.
35         (k) Architects' plans, engineers' technical
36     submissions, and other construction related technical



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1     documents for projects not constructed or developed in
2     whole or in part with public funds and the same for
3     projects constructed or developed with public funds, but
4     only to the extent that disclosure would compromise
5     security, including but not limited to water treatment
6     facilities, airport facilities, sport stadiums, convention
7     centers, and all government owned, operated, or occupied
8     buildings.
9         (l) Library circulation and order records identifying
10     library users with specific materials.
11         (m) Minutes of meetings of public bodies closed to the
12     public as provided in the Open Meetings Act until the
13     public body makes the minutes available to the public under
14     Section 2.06 of the Open Meetings Act.
15         (n) Communications between a public body and an
16     attorney or auditor representing the public body that would
17     not be subject to discovery in litigation, and materials
18     prepared or compiled by or for a public body in
19     anticipation of a criminal, civil or administrative
20     proceeding upon the request of an attorney advising the
21     public body, and materials prepared or compiled with
22     respect to internal audits of public bodies.
23         (o) Information received by a primary or secondary
24     school, college or university under its procedures for the
25     evaluation of faculty members by their academic peers.
26         (p) Administrative or technical information associated
27     with automated data processing operations, including but
28     not limited to software, operating protocols, computer
29     program abstracts, file layouts, source listings, object
30     modules, load modules, user guides, documentation
31     pertaining to all logical and physical design of
32     computerized systems, employee manuals, and any other
33     information that, if disclosed, would jeopardize the
34     security of the system or its data or the security of
35     materials exempt under this Section.
36         (q) Documents or materials relating to collective



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1     negotiating matters between public bodies and their
2     employees or representatives, except that any final
3     contract or agreement shall be subject to inspection and
4     copying.
5         (r) Drafts, notes, recommendations and memoranda
6     pertaining to the financing and marketing transactions of
7     the public body. The records of ownership, registration,
8     transfer, and exchange of municipal debt obligations, and
9     of persons to whom payment with respect to these
10     obligations is made.
11         (s) The records, documents and information relating to
12     real estate purchase negotiations until those negotiations
13     have been completed or otherwise terminated. With regard to
14     a parcel involved in a pending or actually and reasonably
15     contemplated eminent domain proceeding under Article VII
16     of the Code of Civil Procedure, 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         (t) 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         (u) Information concerning a university's adjudication
27     of student or employee grievance or disciplinary cases, to
28     the extent that disclosure would reveal the identity of the
29     student or employee and information concerning any public
30     body's adjudication of student or employee grievances or
31     disciplinary cases, except for the final outcome of the
32     cases.
33         (v) Course materials or research materials used by
34     faculty members.
35         (w) Information related solely to the internal
36     personnel rules and practices of a public body.



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1         (x) Information contained in or related to
2     examination, operating, or condition reports prepared by,
3     on behalf of, or for the use of a public body responsible
4     for the regulation or supervision of financial
5     institutions or insurance companies, unless disclosure is
6     otherwise required by State law.
7         (y) Information the disclosure of which is restricted
8     under Section 5-108 of the Public Utilities Act.
9         (z) Manuals or instruction to staff that relate to
10     establishment or collection of liability for any State tax
11     or that relate to investigations by a public body to
12     determine violation of any criminal law.
13         (aa) Applications, related documents, and medical
14     records received by the Experimental Organ Transplantation
15     Procedures Board and any and all documents or other records
16     prepared by the Experimental Organ Transplantation
17     Procedures Board or its staff relating to applications it
18     has received.
19         (bb) Insurance or self insurance (including any
20     intergovernmental risk management association or self
21     insurance pool) claims, loss or risk management
22     information, records, data, advice or communications.
23         (cc) Information and records held by the Department of
24     Public Health and its authorized representatives relating
25     to known or suspected cases of sexually transmissible
26     disease or any information the disclosure of which is
27     restricted under the Illinois Sexually Transmissible
28     Disease Control Act.
29         (dd) Information the disclosure of which is exempted
30     under Section 30 of the Radon Industry Licensing Act.
31         (ee) Firm performance evaluations under Section 55 of
32     the Architectural, Engineering, and Land Surveying
33     Qualifications Based Selection Act.
34         (ff) Security portions of system safety program plans,
35     investigation reports, surveys, schedules, lists, data, or
36     information compiled, collected, or prepared by or for the



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1     Regional Transportation Authority under Section 2.11 of
2     the Regional Transportation Authority Act or the St. Clair
3     County Transit District under the Bi-State Transit Safety
4     Act.
5         (gg) Information the disclosure of which is restricted
6     and exempted under Section 50 of the Illinois Prepaid
7     Tuition Act.
8         (hh) Information the disclosure of which is exempted
9     under the State Officials and Employees Ethics Act.
10         (ii) Beginning July 1, 1999, information that would
11     disclose or might lead to the disclosure of secret or
12     confidential information, codes, algorithms, programs, or
13     private keys intended to be used to create electronic or
14     digital signatures under the Electronic Commerce Security
15     Act.
16         (jj) Information contained in a local emergency energy
17     plan submitted to a municipality in accordance with a local
18     emergency energy plan ordinance that is adopted under
19     Section 11-21.5-5 of the Illinois Municipal Code.
20         (kk) Information and data concerning the distribution
21     of surcharge moneys collected and remitted by wireless
22     carriers under the Wireless Emergency Telephone Safety
23     Act.
24         (ll) Vulnerability assessments, security measures, and
25     response policies or plans that are designed to identify,
26     prevent, or respond to potential attacks upon a community's
27     population or systems, facilities, or installations, the
28     destruction or contamination of which would constitute a
29     clear and present danger to the health or safety of the
30     community, but only to the extent that disclosure could
31     reasonably be expected to jeopardize the effectiveness of
32     the measures or the safety of the personnel who implement
33     them or the public. Information exempt under this item may
34     include such things as details pertaining to the
35     mobilization or deployment of personnel or equipment, to
36     the operation of communication systems or protocols, or to



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1     tactical operations.
2         (mm) Maps and other records regarding the location or
3     security of a utility's generation, transmission,
4     distribution, storage, gathering, treatment, or switching
5     facilities.
6         (nn) Law enforcement officer identification
7     information or driver identification information compiled
8     by a law enforcement agency or the Department of
9     Transportation under Section 11-212 of the Illinois
10     Vehicle Code.
11         (oo) Records and information provided to a residential
12     health care facility resident sexual assault and death
13     review team or the Residential Health Care Facility
14     Resident Sexual Assault and Death Review Teams Executive
15     Council under the Residential Health Care Facility
16     Resident Sexual Assault and Death Review Team Act.
17     (2) This Section does not authorize withholding of
18 information or limit the availability of records to the public,
19 except as stated in this Section or otherwise provided in this
20 Act.
21 (Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281,
22 eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43,
23 eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03;
24 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff.
25 8-21-03; 93-617, eff. 12-9-03.)