98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3273

 

Introduced 2/14/2014, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Freedom of Information Act. Changes the definition of "commercial purpose" to mean the purpose or intent to use (rather than "the use of") any part of a public record or records, or information derived from public records, in any form for sale, resale, or solicitation or advertisement for sales or services or to otherwise further a commercial, trade, or profit interest or enterprise, as those terms are commonly understood. Provides that a public body may make its records available through any publicly accessible electronic means and may respond to a request by notifying the requester that the record is available through its Internet website or other publicly accessible electronic means. Provides procedures in the event that the requester is unwilling or unable to access the record electronically. Provides that a public body is not required to respond to a request for records to be used for a commercial purpose and makes corresponding changes. Provides that a person who knowingly obtains a public record for a commercial purpose without disclosing that it is for a commercial purpose after being requested to do so by the public body is liable to the public body for a civil penalty equal to 3 times the cost of time, materials, equipment, and personnel expended by the public body in copying or producing the record and for any attorney's fees and other costs incurred by the public body in collecting the penalty. Exempts from disclosure under the Act records relating to all employee performance reviews and personnel evaluations and records and all complaints and investigatory material relating to a public body's adjudication of employee grievances or disciplinary cases. Exempts from disclosure records relating to litigation of a civil or criminal nature to which the public body is or may be a party or to which an officer or employee of the public, as a consequence of the person's office or employment, is or may be a party. Provides that the Attorney General must make available on the website of the Office of the Attorney General a copy of each binding opinion, each advisory opinion, and, for any instance in which the Attorney General resolves a request for review by mediation or by means other than the issuance of a binding opinion, each nonbinding opinion or other correspondence or document that constitutes the final decision by the Attorney General in resolving that request for review.


LRB098 19876 HEP 55095 b

 

 

A BILL FOR

 

SB3273LRB098 19876 HEP 55095 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, 3, 3.1, 7, and 9.5 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 all legislative, executive,
9administrative, or advisory bodies of the State, state
10universities and colleges, counties, townships, cities,
11villages, incorporated towns, school districts and all other
12municipal corporations, boards, bureaus, committees, or
13commissions of this State, any subsidiary bodies of any of the
14foregoing including but not limited to committees and
15subcommittees thereof, and a School Finance Authority created
16under Article 1E of the School Code. "Public body" does not
17include a child death review team or the Illinois Child Death
18Review Teams Executive Council established under the Child
19Death Review Team Act.
20    (b) "Person" means any individual, corporation,
21partnership, firm, organization or association, acting
22individually or as a group.
23    (c) "Public records" means all records, reports, forms,

 

 

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1writings, letters, memoranda, books, papers, maps,
2photographs, microfilms, cards, tapes, recordings, electronic
3data processing records, electronic communications, recorded
4information and all other documentary materials pertaining to
5the transaction of public business, regardless of physical form
6or characteristics, having been prepared by or for, or having
7been or being used by, received by, in the possession of, or
8under the control of any public body.
9    (c-5) "Private information" means unique identifiers,
10including a person's social security number, driver's license
11number, employee identification number, biometric identifiers,
12personal financial information, passwords or other access
13codes, medical records, home or personal telephone numbers, and
14personal email addresses. Private information also includes
15home address and personal license plates, except as otherwise
16provided by law or when compiled without possibility of
17attribution to any person.
18    (c-10) "Commercial purpose" means the purpose or intent to
19use of any part of a public record or records, or information
20derived from public records, in any form for sale, resale, or
21solicitation or advertisement for sales or services or to
22otherwise further a commercial, trade, or profit interest or
23enterprise, as those terms are commonly understood. For
24purposes of this definition, requests made by news media and
25non-profit, scientific, or academic organizations shall not be
26considered to be made for a "commercial purpose" when the

 

 

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1principal purpose of the request is (i) to access and
2disseminate information concerning news and current or passing
3events, (ii) for articles of opinion or features of interest to
4the public, or (iii) for the purpose of academic, scientific,
5or public research or education.
6    (d) "Copying" means the reproduction of any public record
7by means of any photographic, electronic, mechanical or other
8process, device or means now known or hereafter developed and
9available to the public body.
10    (e) "Head of the public body" means the president, mayor,
11chairman, presiding officer, director, superintendent,
12manager, supervisor or individual otherwise holding primary
13executive and administrative authority for the public body, or
14such person's duly authorized designee.
15    (f) "News media" means a newspaper or other periodical
16issued at regular intervals whether in print or electronic
17format, a news service whether in print or electronic format, a
18radio station, a television station, a television network, a
19community antenna television service, or a person or
20corporation engaged in making news reels or other motion
21picture news for public showing.
22    (g) "Recurrent requester", as used in Section 3.2 of this
23Act, means a person that, in the 12 months immediately
24preceding the request, has submitted to the same public body
25(i) a minimum of 50 requests for records, (ii) a minimum of 15
26requests for records within a 30-day period, or (iii) a minimum

 

 

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1of 7 requests for records within a 7-day period. For purposes
2of this definition, requests made by news media and non-profit,
3scientific, or academic organizations shall not be considered
4in calculating the number of requests made in the time periods
5in this definition when the principal purpose of the requests
6is (i) to access and disseminate information concerning news
7and current or passing events, (ii) for articles of opinion or
8features of interest to the public, or (iii) for the purpose of
9academic, scientific, or public research or education.
10    For the purposes of this subsection (g), "request" means a
11written document (or oral request, if the public body chooses
12to honor oral requests) that is submitted to a public body via
13personal delivery, mail, telefax, electronic mail, or other
14means available to the public body and that identifies the
15particular public record the requester seeks. One request may
16identify multiple records to be inspected or copied.
17(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
1896-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
 
19    (5 ILCS 140/3)  (from Ch. 116, par. 203)
20    Sec. 3. (a) Each public body shall make available to any
21person for inspection or copying all public records, except as
22otherwise provided in Section 7 of this Act. Notwithstanding
23any other law, a public body may not grant to any person or
24entity, whether by contract, license, or otherwise, the
25exclusive right to access and disseminate any public record as

 

 

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1defined in this Act.
2    (b) Subject to the fee provisions of Section 6 of this Act,
3each public body shall promptly provide, to any person who
4submits a request, a copy of any public record required to be
5disclosed by subsection (a) of this Section and shall certify
6such copy if so requested. The public body may make its records
7available through any publicly accessible electronic means.
8The public body may respond to a request by notifying the
9requester that the record is available through its Internet
10website or other publicly accessible electronic means. If the
11requester is unwilling or unable to access the record
12electronically, the requester may, within 30 days following
13receipt of the public body notification, submit a written
14request to the public body to have the record converted to
15paper. The public body shall provide access to the record in
16printed form within 5 days of the receipt of the written
17request for conversion of the electronic version to paper.
18    (c) Requests for inspection or copies shall be made in
19writing and directed to the public body. Written requests may
20be submitted to a public body via personal delivery, mail,
21telefax, or other means available to the public body. A public
22body may honor oral requests for inspection or copying. A
23public body may not require that a request be submitted on a
24standard form or require the requester to specify the purpose
25for a request, except to determine whether the records are
26requested for a commercial purpose or whether to grant a

 

 

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1request for a fee waiver. All requests for inspection and
2copying received by a public body shall immediately be
3forwarded to its Freedom of Information officer or designee.
4    (d) Each public body shall, promptly, either comply with or
5deny a request for public records within 5 business days after
6its receipt of the request, unless the time for response is
7properly extended under subsection (e) of this Section. Denial
8shall be in writing as provided in Section 9 of this Act.
9Failure to comply with a written request, extend the time for
10response, or deny a request within 5 business days after its
11receipt shall be considered a denial of the request. A public
12body that fails to respond to a request within the requisite
13periods in this Section but thereafter provides the requester
14with copies of the requested public records may not impose a
15fee for such copies. A public body that fails to respond to a
16request received may not treat the request as unduly burdensome
17under subsection (g).
18    (e) The time for response under this Section may be
19extended by the public body for not more than 5 business days
20from the original due date for any of the following reasons:
21        (i) the requested records are stored in whole or in
22    part at other locations than the office having charge of
23    the requested records;
24        (ii) the request requires the collection of a
25    substantial number of specified records;
26        (iii) the request is couched in categorical terms and

 

 

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1    requires an extensive search for the records responsive to
2    it;
3        (iv) the requested records have not been located in the
4    course of routine search and additional efforts are being
5    made to locate them;
6        (v) the requested records require examination and
7    evaluation by personnel having the necessary competence
8    and discretion to determine if they are exempt from
9    disclosure under Section 7 of this Act or should be
10    revealed only with appropriate deletions;
11        (vi) the request for records cannot be complied with by
12    the public body within the time limits prescribed by
13    paragraph (c) of this Section without unduly burdening or
14    interfering with the operations of the public body;
15        (vii) there is a need for consultation, which shall be
16    conducted with all practicable speed, with another public
17    body or among two or more components of a public body
18    having a substantial interest in the determination or in
19    the subject matter of the request.
20    The person making a request and the public body may agree
21in writing to extend the time for compliance for a period to be
22determined by the parties. If the requester and the public body
23agree to extend the period for compliance, a failure by the
24public body to comply with any previous deadlines shall not be
25treated as a denial of the request for the records.
26    (f) When additional time is required for any of the above

 

 

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1reasons, the public body shall, within 5 business days after
2receipt of the request, notify the person making the request of
3the reasons for the extension and the date by which the
4response will be forthcoming. Failure to respond within the
5time permitted for extension shall be considered a denial of
6the request. A public body that fails to respond to a request
7within the time permitted for extension but thereafter provides
8the requester with copies of the requested public records may
9not impose a fee for those copies. A public body that requests
10an extension and subsequently fails to respond to the request
11may not treat the request as unduly burdensome under subsection
12(g).
13    (g) Requests calling for all records falling within a
14category shall be complied with unless compliance with the
15request would be unduly burdensome for the complying public
16body and there is no way to narrow the request and the burden
17on the public body outweighs the public interest in the
18information. Before invoking this exemption, the public body
19shall extend to the person making the request an opportunity to
20confer with it in an attempt to reduce the request to
21manageable proportions. If any body responds to a categorical
22request by stating that compliance would unduly burden its
23operation and the conditions described above are met, it shall
24do so in writing, specifying the reasons why it would be unduly
25burdensome and the extent to which compliance will so burden
26the operations of the public body. Such a response shall be

 

 

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1treated as a denial of the request for information.
2    Repeated requests from the same person for the same records
3that are unchanged or identical to records previously provided
4or properly denied under this Act shall be deemed unduly
5burdensome under this provision.
6    (h) Each public body may promulgate rules and regulations
7in conformity with the provisions of this Section pertaining to
8the availability of records and procedures to be followed,
9including:
10        (i) the times and places where such records will be
11    made available, and
12        (ii) the persons from whom such records may be
13    obtained.
14    (i) (Blank). The time periods for compliance or denial of a
15request to inspect or copy records set out in this Section
16shall not apply to requests for records made for a commercial
17purpose. Such requests shall be subject to the provisions of
18Section 3.1 of this Act.
19(Source: P.A. 96-542, eff. 1-1-10.)
 
20    (5 ILCS 140/3.1)
21    Sec. 3.1. Requests for commercial purposes.
22    (a) A public body is not required to shall respond to a
23request for records to be used for a commercial purpose within
2421 working days after receipt. The response shall (i) provide
25to the requester an estimate of the time required by the public

 

 

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1body to provide the records requested and an estimate of the
2fees to be charged, which the public body may require the
3person to pay in full before copying the requested documents,
4(ii) deny the request pursuant to one or more of the exemptions
5set out in this Act, (iii) notify the requester that the
6request is unduly burdensome and extend an opportunity to the
7requester to attempt to reduce the request to manageable
8proportions, or (iv) provide the records requested.
9    (b) (Blank). Unless the records are exempt from disclosure,
10a public body shall comply with a request within a reasonable
11period considering the size and complexity of the request, and
12giving priority to records requested for non-commercial
13purposes.
14    (c) It is a violation of this Act for a person to knowingly
15obtain a public record for a commercial purpose without
16disclosing that it is for a commercial purpose, if requested to
17do so by the public body. A person who violates this subsection
18(c) is liable to the public body for a civil penalty equal to 3
19times the cost of time, materials, equipment, and personnel
20expended by the public body in copying or producing the record
21and for any attorney's fees and other costs incurred by the
22public body in collecting the penalty.
23(Source: P.A. 96-542, eff. 1-1-10.)
 
24    (5 ILCS 140/7)  (from Ch. 116, par. 207)
25    Sec. 7. Exemptions.

 

 

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

 

 

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1    and in which the subject's right to privacy outweighs any
2    legitimate public interest in obtaining the information.
3    The disclosure of information that bears on the public
4    duties of public employees and officials shall not be
5    considered an invasion of personal 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 extent
10    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

 

 

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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 or
9        disclose internal documents of correctional agencies
10        related to detection, observation or investigation of
11        incidents of crime or misconduct, and disclosure would
12        result in demonstrable harm to the agency or public
13        body that is the recipient of the request;
14            (vi) endanger the life or physical safety of law
15        enforcement personnel or any other person; or
16            (vii) obstruct an ongoing criminal investigation
17        by the agency that is the recipient of the request.
18        (d-5) A law enforcement record created for law
19    enforcement purposes and contained in a shared electronic
20    record management system if the law enforcement agency that
21    is the recipient of the request did not create the record,
22    did not participate in or have a role in any of the events
23    which are the subject of the record, and only has access to
24    the record through the shared electronic record management
25    system.
26        (e) Records that relate to or affect the security of

 

 

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1    correctional institutions and detention facilities.
2        (e-5) Records requested by persons committed to the
3    Department of Corrections if those materials are available
4    in the library of the correctional facility where the
5    inmate is confined.
6        (e-6) Records requested by persons committed to the
7    Department of Corrections if those materials include
8    records from staff members' personnel files, staff
9    rosters, or other staffing assignment information.
10        (e-7) Records requested by persons committed to the
11    Department of Corrections if those materials are available
12    through an administrative request to the Department of
13    Corrections.
14        (f) Preliminary drafts, notes, recommendations,
15    memoranda and other records in which opinions are
16    expressed, or policies or actions are formulated, except
17    that a specific record or relevant portion of a record
18    shall not be exempt when the record is publicly cited and
19    identified by the head of the public body. The exemption
20    provided in this paragraph (f) extends to all those records
21    of officers and agencies of the General Assembly that
22    pertain to the preparation of legislative documents.
23        (g) Trade secrets and commercial or financial
24    information obtained from a person or business where the
25    trade secrets or commercial or financial information are
26    furnished under a claim that they are proprietary,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (u) Information that would disclose or might lead to
2    the disclosure of secret or confidential information,
3    codes, algorithms, programs, or private keys intended to be
4    used to create electronic or digital signatures under the
5    Electronic Commerce Security Act.
6        (v) Vulnerability assessments, security measures, and
7    response policies or plans that are designed to identify,
8    prevent, or respond to potential attacks upon a community's
9    population or systems, facilities, or installations, the
10    destruction or contamination of which would constitute a
11    clear and present danger to the health or safety of the
12    community, but only to the extent that disclosure could
13    reasonably be expected to jeopardize the effectiveness of
14    the measures or the safety of the personnel who implement
15    them or the public. Information exempt under this item may
16    include such things as details pertaining to the
17    mobilization or deployment of personnel or equipment, to
18    the operation of communication systems or protocols, or to
19    tactical operations.
20        (w) (Blank).
21        (x) Maps and other records regarding the location or
22    security of generation, transmission, distribution,
23    storage, gathering, treatment, or switching facilities
24    owned by a utility, by a power generator, or by the
25    Illinois Power Agency.
26        (y) Information contained in or related to proposals,

 

 

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1    bids, or negotiations related to electric power
2    procurement under Section 1-75 of the Illinois Power Agency
3    Act and Section 16-111.5 of the Public Utilities Act that
4    is determined to be confidential and proprietary by the
5    Illinois Power Agency or by the Illinois Commerce
6    Commission.
7        (z) Information about students exempted from
8    disclosure under Sections 10-20.38 or 34-18.29 of the
9    School Code, and information about undergraduate students
10    enrolled at an institution of higher education exempted
11    from disclosure under Section 25 of the Illinois Credit
12    Card Marketing Act of 2009.
13        (aa) Information the disclosure of which is exempted
14    under the Viatical Settlements Act of 2009.
15        (bb) Records and information provided to a mortality
16    review team and records maintained by a mortality review
17    team appointed under the Department of Juvenile Justice
18    Mortality Review Team Act.
19        (cc) Information regarding interments, entombments, or
20    inurnments of human remains that are submitted to the
21    Cemetery Oversight Database under the Cemetery Care Act or
22    the Cemetery Oversight Act, whichever is applicable.
23        (dd) Correspondence and records (i) that may not be
24    disclosed under Section 11-9 of the Public Aid Code or (ii)
25    that pertain to appeals under Section 11-8 of the Public
26    Aid Code.

 

 

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1        (ee) The names, addresses, or other personal
2    information of persons who are minors and are also
3    participants and registrants in programs of park
4    districts, forest preserve districts, conservation
5    districts, recreation agencies, and special recreation
6    associations.
7        (ff) The names, addresses, or other personal
8    information of participants and registrants in programs of
9    park districts, forest preserve districts, conservation
10    districts, recreation agencies, and special recreation
11    associations where such programs are targeted primarily to
12    minors.
13        (gg) Confidential information described in Section
14    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
15        (hh) The report submitted to the State Board of
16    Education by the School Security and Standards Task Force
17    under item (8) of subsection (d) of Section 2-3.157 of the
18    School Code and any information contained in that report.
19        (ii) Records relating to litigation of a civil or
20    criminal nature to which the public body is or may be a
21    party or to which an officer or employee of the public, as
22    a consequence of the person's office or employment, is or
23    may be a party. For purposes of this exemption, the public
24    body, officer, or employee is considered to be a party to
25    litigation of a criminal nature until the applicable
26    statute of limitations has expired or until the defendant

 

 

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1    has exhausted all appellate and postconviction remedies in
2    State and federal court.
3    (1.5) Any information exempt from disclosure under the
4Judicial Privacy Act shall be redacted from public records
5prior to disclosure under this Act.
6    (2) A public record that is not in the possession of a
7public body but is in the possession of a party with whom the
8agency has contracted to perform a governmental function on
9behalf of the public body, and that directly relates to the
10governmental function and is not otherwise exempt under this
11Act, shall be considered a public record of the public body,
12for purposes of this Act.
13    (3) This Section does not authorize withholding of
14information or limit the availability of records to the public,
15except as stated in this Section or otherwise provided in this
16Act.
17(Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11;
1897-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff.
197-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129,
20eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13.)
 
21    (5 ILCS 140/9.5)
22    Sec. 9.5. Public Access Counselor; opinions.
23    (a) A person whose request to inspect or copy a public
24record is denied by a public body, except the General Assembly
25and committees, commissions, and agencies thereof, may file a

 

 

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1request for review with the Public Access Counselor established
2in the Office of the Attorney General not later than 60 days
3after the date of the final denial. The request for review must
4be in writing, signed by the requester, and include (i) a copy
5of the request for access to records and (ii) any responses
6from the public body.
7    (b) A person whose request to inspect or copy a public
8record is made for a commercial purpose as defined in
9subsection (c-10) of Section 2 of this Act may not file a
10request for review with the Public Access Counselor. A person
11whose request to inspect or copy a public record was treated by
12the public body as a request for a commercial purpose under
13Section 3.1 of this Act may file a request for review with the
14Public Access Counselor for the limited purpose of reviewing
15whether the public body properly determined that the request
16was made for a commercial purpose.
17    (c) Upon receipt of a request for review, the Public Access
18Counselor shall determine whether further action is warranted.
19If the Public Access Counselor determines that the alleged
20violation is unfounded, he or she shall so advise the requester
21and the public body and no further action shall be undertaken.
22In all other cases, the Public Access Counselor shall forward a
23copy of the request for review to the public body within 7
24business days after receipt and shall specify the records or
25other documents that the public body shall furnish to
26facilitate the review. Within 7 business days after receipt of

 

 

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1the request for review, the public body shall provide copies of
2records requested and shall otherwise fully cooperate with the
3Public Access Counselor. If a public body fails to furnish
4specified records pursuant to this Section, or if otherwise
5necessary, the Attorney General may issue a subpoena to any
6person or public body having knowledge of or records pertaining
7to a request for review of a denial of access to records under
8the Act. To the extent that records or documents produced by a
9public body contain information that is claimed to be exempt
10from disclosure under Section 7 of this Act, the Public Access
11Counselor shall not further disclose that information.
12    (d) Within 7 business days after it receives a copy of a
13request for review and request for production of records from
14the Public Access Counselor, the public body may, but is not
15required to, answer the allegations of the request for review.
16The answer may take the form of a letter, brief, or memorandum.
17The Public Access Counselor shall forward a copy of the answer
18to the person submitting the request for review, with any
19alleged confidential information to which the request pertains
20redacted from the copy. The requester may, but is not required
21to, respond in writing to the answer within 7 business days and
22shall provide a copy of the response to the public body.
23    (e) In addition to the request for review, and the answer
24and the response thereto, if any, a requester or a public body
25may furnish affidavits or records concerning any matter germane
26to the review.

 

 

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1    (f) Unless the Public Access Counselor extends the time by
2no more than 30 business days by sending written notice to the
3requester and the public body that includes a statement of the
4reasons for the extension in the notice, or decides to address
5the matter without the issuance of a binding opinion, the
6Attorney General shall examine the issues and the records,
7shall make findings of fact and conclusions of law, and shall
8issue to the requester and the public body an opinion in
9response to the request for review within 60 days after its
10receipt. The opinion shall be binding upon both the requester
11and the public body, subject to administrative review under
12Section 11.5.
13    In responding to any request under this Section 9.5, the
14Attorney General may exercise his or her discretion and choose
15to resolve a request for review by mediation or by a means
16other than the issuance of a binding opinion. The decision not
17to issue a binding opinion shall not be reviewable.
18    Upon receipt of a binding opinion concluding that a
19violation of this Act has occurred, the public body shall
20either take necessary action immediately to comply with the
21directive of the opinion or shall initiate administrative
22review under Section 11.5. If the opinion concludes that no
23violation of the Act has occurred, the requester may initiate
24administrative review under Section 11.5.
25    A public body that discloses records in accordance with an
26opinion of the Attorney General is immune from all liabilities

 

 

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1by reason thereof and shall not be liable for penalties under
2this Act.
3    (g) If the requester files suit under Section 11 with
4respect to the same denial that is the subject of a pending
5request for review, the requester shall notify the Public
6Access Counselor, and the Public Access Counselor shall take no
7further action with respect to the request for review and shall
8so notify the public body.
9    (h) The Attorney General may also issue advisory opinions
10to public bodies regarding compliance with this Act. A review
11may be initiated upon receipt of a written request from the
12head of the public body or its attorney, which shall contain
13sufficient accurate facts from which a determination can be
14made. The Public Access Counselor may request additional
15information from the public body in order to assist in the
16review. A public body that relies in good faith on an advisory
17opinion of the Attorney General in responding to a request is
18not liable for penalties under this Act, so long as the facts
19upon which the opinion is based have been fully and fairly
20disclosed to the Public Access Counselor.
21    (i) The Attorney General must make available on the website
22of the Office of the Attorney General a copy of each binding
23opinion, each advisory opinion, and, for any instance in which
24the Attorney General resolves a request for review by mediation
25or by means other than the issuance of a binding opinion, each
26nonbinding opinion or other correspondence or document that

 

 

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1constitutes the final decision by the Attorney General in
2resolving that request for review.
3(Source: P.A. 96-542, eff. 1-1-10; 97-579, eff. 8-26-11.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 140/2from Ch. 116, par. 202
4    5 ILCS 140/3from Ch. 116, par. 203
5    5 ILCS 140/3.1
6    5 ILCS 140/7from Ch. 116, par. 207
7    5 ILCS 140/9.5