Sen. Patricia Van Pelt

Filed: 4/14/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2210

2    AMENDMENT NO. ______. Amend Senate Bill 2210 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Freedom of Information Act is amended by
5changing Sections 2, 7, 7.5, and 11 and by adding Section 7.2
6as follows:
 
7    (5 ILCS 140/2)  (from Ch. 116, par. 202)
8    (Text of Section before amendment by P.A. 99-478)
9    Sec. 2. Definitions. As used in this Act:
10    (a) "Public body" means all legislative, executive,
11administrative, or advisory bodies of the State, state
12universities and colleges, counties, townships, cities,
13villages, incorporated towns, school districts and all other
14municipal corporations, boards, bureaus, committees, or
15commissions of this State, any subsidiary bodies of any of the
16foregoing including but not limited to committees and

 

 

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1subcommittees thereof, and a School Finance Authority created
2under Article 1E of the School Code. "Public body" does not
3include a child death review team or the Illinois Child Death
4Review Teams Executive Council established under the Child
5Death Review Team Act, or a regional youth advisory board or
6the Statewide Youth Advisory Board established under the
7Department of Children and Family Services Statewide Youth
8Advisory Board Act.
9    (b) "Person" means any individual, corporation,
10partnership, firm, organization or association, acting
11individually or as a group.
12    (c) "Public records" means all records, reports, forms,
13writings, letters, memoranda, books, papers, maps,
14photographs, microfilms, cards, tapes, recordings, electronic
15data processing records, electronic communications, recorded
16information and all other documentary materials pertaining to
17the transaction of public business, regardless of physical form
18or characteristics, having been prepared by or for, or having
19been or being used by, received by, in the possession of, or
20under the control of any public body.
21    (c-5) "Private information" means unique identifiers,
22including a person's social security number, driver's license
23number, employee identification number, biometric identifiers,
24personal financial information, passwords or other access
25codes, medical records, home or personal telephone numbers, and
26personal email addresses. Private information also includes

 

 

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1home address and personal license plates, except as otherwise
2provided by law or when compiled without possibility of
3attribution to any person.
4    (c-10) "Commercial purpose" means the use of any part of a
5public record or records, or information derived from public
6records, in any form for sale, resale, or solicitation or
7advertisement for sales or services. For purposes of this
8definition, requests made by news media and non-profit,
9scientific, or academic organizations shall not be considered
10to be made for a "commercial purpose" when the principal
11purpose of the request is (i) to access and disseminate
12information concerning news and current or passing events, (ii)
13for articles of opinion or features of interest to the public,
14or (iii) for the purpose of academic, scientific, or public
15research or education.
16    (d) "Copying" means the reproduction of any public record
17by means of any photographic, electronic, mechanical or other
18process, device or means now known or hereafter developed and
19available to the public body.
20    (e) "Head of the public body" means the president, mayor,
21chairman, presiding officer, director, superintendent,
22manager, supervisor or individual otherwise holding primary
23executive and administrative authority for the public body, or
24such person's duly authorized designee.
25    (f) "News media" means a newspaper or other periodical
26issued at regular intervals whether in print or electronic

 

 

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1format, a news service whether in print or electronic format, a
2radio station, a television station, a television network, a
3community antenna television service, or a person or
4corporation engaged in making news reels or other motion
5picture news for public showing.
6    (g) "Recurrent requester", as used in Section 3.2 of this
7Act, means a person that, in the 12 months immediately
8preceding the request, has submitted to the same public body
9(i) a minimum of 50 requests for records, (ii) a minimum of 15
10requests for records within a 30-day period, or (iii) a minimum
11of 7 requests for records within a 7-day period. For purposes
12of this definition, requests made by news media and non-profit,
13scientific, or academic organizations shall not be considered
14in calculating the number of requests made in the time periods
15in this definition when the principal purpose of the requests
16is (i) to access and disseminate information concerning news
17and current or passing events, (ii) for articles of opinion or
18features of interest to the public, or (iii) for the purpose of
19academic, scientific, or public research or education.
20    For the purposes of this subsection (g), "request" means a
21written document (or oral request, if the public body chooses
22to honor oral requests) that is submitted to a public body via
23personal delivery, mail, telefax, electronic mail, or other
24means available to the public body and that identifies the
25particular public record the requester seeks. One request may
26identify multiple records to be inspected or copied.

 

 

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1    (h) "Voluminous request" means a request that: (i) includes
2more than 5 individual requests for more than 5 different
3categories of records or a combination of individual requests
4that total requests for more than 5 different categories of
5records in a period of 20 business days; or (ii) requires the
6compilation of more than 500 letter or legal-sized pages of
7public records unless a single requested record exceeds 500
8pages. "Single requested record" may include, but is not
9limited to, one report, form, e-mail, letter, memorandum, book,
10map, microfilm, tape, or recording.
11    "Voluminous request" does not include a request made by
12news media and non-profit, scientific, or academic
13organizations if the principal purpose of the request is: (1)
14to access and disseminate information concerning news and
15current or passing events; (2) for articles of opinion or
16features of interest to the public; or (3) for the purpose of
17academic, scientific, or public research or education.
18    For the purposes of this subsection (h), "request" means a
19written document, or oral request, if the public body chooses
20to honor oral requests, that is submitted to a public body via
21personal delivery, mail, telefax, electronic mail, or other
22means available to the public body and that identifies the
23particular public record or records the requester seeks. One
24request may identify multiple individual records to be
25inspected or copied.
26    (j) "In-car video camera" has the meaning provided in

 

 

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1Section 5 of the Law Enforcement Camera Grant Act.
2    (k) "Officer-involved death" has the meaning provided in
3Section 1-5 of the Police and Community Relations Improvement
4Act.
5    (l) "Officer-worn body camera" has the meaning provided in
6Section 5 of the Law Enforcement Camera Grant Act.
7(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
899-78, eff. 7-20-15.)
 
9    (Text of Section after amendment by P.A. 99-478)
10    Sec. 2. Definitions. As used in this Act:
11    (a) "Public body" means all legislative, executive,
12administrative, or advisory bodies of the State, state
13universities and colleges, counties, townships, cities,
14villages, incorporated towns, school districts and all other
15municipal corporations, boards, bureaus, committees, or
16commissions of this State, any subsidiary bodies of any of the
17foregoing including but not limited to committees and
18subcommittees thereof, and a School Finance Authority created
19under Article 1E of the School Code. "Public body" does not
20include a child death review team or the Illinois Child Death
21Review Teams Executive Council established under the Child
22Death Review Team Act, or a regional youth advisory board or
23the Statewide Youth Advisory Board established under the
24Department of Children and Family Services Statewide Youth
25Advisory 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 form
10or characteristics, having been prepared by or for, or having
11been or being used by, received by, in the possession of, or
12under 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, and
18personal email addresses. Private information also includes
19home address and personal license plates, except as otherwise
20provided by law or when compiled without possibility of
21attribution 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, (ii)
5for articles of opinion or features of interest to the public,
6or (iii) for the purpose of academic, scientific, or public
7research 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, a
20radio 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 minimum
3of 7 requests for records within a 7-day period. For purposes
4of this definition, requests made by news media and non-profit,
5scientific, or academic organizations shall not be considered
6in calculating the number of requests made in the time periods
7in this definition when the principal purpose of the requests
8is (i) to access and disseminate information concerning news
9and current or passing events, (ii) for articles of opinion or
10features of interest to the public, or (iii) for the purpose of
11academic, scientific, or public research or education.
12    For the purposes of this subsection (g), "request" means a
13written document (or oral request, if the public body chooses
14to honor oral requests) that is submitted to a public body via
15personal delivery, mail, telefax, electronic mail, or other
16means available to the public body and that identifies the
17particular public record the requester seeks. One request may
18identify multiple records to be inspected or copied.
19    (h) "Voluminous request" means a request that: (i) includes
20more than 5 individual requests for more than 5 different
21categories of records or a combination of individual requests
22that total requests for more than 5 different categories of
23records in a period of 20 business days; or (ii) requires the
24compilation of more than 500 letter or legal-sized pages of
25public records unless a single requested record exceeds 500
26pages. "Single requested record" may include, but is not

 

 

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1limited to, one report, form, e-mail, letter, memorandum, book,
2map, microfilm, tape, or recording.
3    "Voluminous request" does not include a request made by
4news media and non-profit, scientific, or academic
5organizations if the principal purpose of the request is: (1)
6to access and disseminate information concerning news and
7current or passing events; (2) for articles of opinion or
8features of interest to the public; or (3) for the purpose of
9academic, scientific, or public research or education.
10    For the purposes of this subsection (h), "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 or records the requester seeks. One
16request may identify multiple individual records to be
17inspected or copied.
18    (i) "Severance agreement" means a mutual agreement between
19any public body and its employee for the employee's resignation
20in exchange for payment by the public body.
21    (j) "In-car video camera" has the meaning provided in
22Section 5 of the Law Enforcement Camera Grant Act.
23    (k) "Officer-involved death" has the meaning provided in
24Section 1-5 of the Police and Community Relations Improvement
25Act.
26    (l) "Officer-worn body camera" has the meaning provided in

 

 

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1Section 5 of the Law Enforcement Camera Grant Act.
2(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
399-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
 
4    (5 ILCS 140/7)  (from Ch. 116, par. 207)
5    Sec. 7. Exemptions.
6    (1) When a request is made to inspect or copy a public
7record that contains information that is exempt from disclosure
8under this Section, but also contains information that is not
9exempt from disclosure, the public body may elect to redact the
10information that is exempt. The public body shall make the
11remaining information available for inspection and copying.
12Subject to this requirement, the following shall be exempt from
13inspection and copying:
14        (a) Information specifically prohibited from
15    disclosure by federal or State law or rules and regulations
16    implementing federal or State law.
17        (b) Private information, unless disclosure is required
18    by another provision of this Act, a State or federal law or
19    a court order.
20        (b-5) Files, documents, and other data or databases
21    maintained by one or more law enforcement agencies and
22    specifically designed to provide information to one or more
23    law enforcement agencies regarding the physical or mental
24    status of one or more individual subjects.
25        (c) Personal information contained within public

 

 

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1    records, the disclosure of which would constitute a clearly
2    unwarranted invasion of personal privacy, unless the
3    disclosure is consented to in writing by the individual
4    subjects of the information. "Unwarranted invasion of
5    personal privacy" means the disclosure of information that
6    is highly personal or objectionable to a reasonable person
7    and in which the subject's right to privacy outweighs any
8    legitimate public interest in obtaining the information.
9    The disclosure of information that bears on the public
10    duties of public employees and officials shall not be
11    considered an invasion of personal privacy.
12        (d) Except as otherwise provided in Section 7.2 of this
13    Act, records Records in the possession of any public body
14    created in the course of administrative enforcement
15    proceedings, and any law enforcement or correctional
16    agency for law enforcement purposes, but only to the extent
17    that disclosure would:
18            (i) interfere with pending or actually and
19        reasonably contemplated law enforcement proceedings
20        conducted by any law enforcement or correctional
21        agency that is the recipient of the request;
22            (ii) interfere with active administrative
23        enforcement proceedings conducted by the public body
24        that is the recipient of the request;
25            (iii) create a substantial likelihood that a
26        person will be deprived of a fair trial or an impartial

 

 

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

 

 

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1    record management system if the law enforcement agency that
2    is the recipient of the request did not create the record,
3    did not participate in or have a role in any of the events
4    which are the subject of the record, and only has access to
5    the record through the shared electronic record management
6    system.
7        (e) Records that relate to or affect the security of
8    correctional institutions and detention facilities.
9        (e-5) Records requested by persons committed to the
10    Department of Corrections if those materials are available
11    in the library of the correctional facility where the
12    inmate is confined.
13        (e-6) Records requested by persons committed to the
14    Department of Corrections if those materials include
15    records from staff members' personnel files, staff
16    rosters, or other staffing assignment information.
17        (e-7) Records requested by persons committed to the
18    Department of Corrections if those materials are available
19    through an administrative request to the Department of
20    Corrections.
21        (f) Preliminary drafts, notes, recommendations,
22    memoranda and other records in which opinions are
23    expressed, or policies or actions are formulated, except
24    that a specific record or relevant portion of a record
25    shall not be exempt when the record is publicly cited and
26    identified by the head of the public body. The exemption

 

 

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1    provided in this paragraph (f) extends to all those records
2    of officers and agencies of the General Assembly that
3    pertain to the preparation of legislative documents.
4        (g) Trade secrets and commercial or financial
5    information obtained from a person or business where the
6    trade secrets or commercial or financial information are
7    furnished under a claim that they are proprietary,
8    privileged or confidential, and that disclosure of the
9    trade secrets or commercial or financial information would
10    cause competitive harm to the person or business, and only
11    insofar as the claim directly applies to the records
12    requested.
13        The information included under this exemption includes
14    all trade secrets and commercial or financial information
15    obtained by a public body, including a public pension fund,
16    from a private equity fund or a privately held company
17    within the investment portfolio of a private equity fund as
18    a result of either investing or evaluating a potential
19    investment of public funds in a private equity fund. The
20    exemption contained in this item does not apply to the
21    aggregate financial performance information of a private
22    equity fund, nor to the identity of the fund's managers or
23    general partners. The exemption contained in this item does
24    not apply to the identity of a privately held company
25    within the investment portfolio of a private equity fund,
26    unless the disclosure of the identity of a privately held

 

 

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1    company may cause competitive harm.
2        Nothing contained in this paragraph (g) shall be
3    construed to prevent a person or business from consenting
4    to disclosure.
5        (h) Proposals and bids for any contract, grant, or
6    agreement, including information which if it were
7    disclosed would frustrate procurement or give an advantage
8    to any person proposing to enter into a contractor
9    agreement with the body, until an award or final selection
10    is made. Information prepared by or for the body in
11    preparation of a bid solicitation shall be exempt until an
12    award or final selection is made.
13        (i) Valuable formulae, computer geographic systems,
14    designs, drawings and research data obtained or produced by
15    any public body when disclosure could reasonably be
16    expected to produce private gain or public loss. The
17    exemption for "computer geographic systems" provided in
18    this paragraph (i) does not extend to requests made by news
19    media as defined in Section 2 of this Act when the
20    requested information is not otherwise exempt and the only
21    purpose of the request is to access and disseminate
22    information regarding the health, safety, welfare, or
23    legal rights of the general public.
24        (j) The following information pertaining to
25    educational matters:
26            (i) test questions, scoring keys and other

 

 

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1        examination data used to administer an academic
2        examination;
3            (ii) information received by a primary or
4        secondary school, college, or university under its
5        procedures for the evaluation of faculty members by
6        their academic peers;
7            (iii) information concerning a school or
8        university's adjudication of student disciplinary
9        cases, but only to the extent that disclosure would
10        unavoidably reveal the identity of the student; and
11            (iv) course materials or research materials used
12        by faculty members.
13        (k) Architects' plans, engineers' technical
14    submissions, and other construction related technical
15    documents for projects not constructed or developed in
16    whole or in part with public funds and the same for
17    projects constructed or developed with public funds,
18    including but not limited to power generating and
19    distribution stations and other transmission and
20    distribution facilities, water treatment facilities,
21    airport facilities, sport stadiums, convention centers,
22    and all government owned, operated, or occupied buildings,
23    but only to the extent that disclosure would compromise
24    security.
25        (l) Minutes of meetings of public bodies closed to the
26    public as provided in the Open Meetings Act until the

 

 

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

 

 

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

 

 

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

 

 

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1    storage, gathering, treatment, or switching facilities
2    owned by a utility, by a power generator, or by the
3    Illinois Power Agency.
4        (y) Information contained in or related to proposals,
5    bids, or negotiations related to electric power
6    procurement under Section 1-75 of the Illinois Power Agency
7    Act and Section 16-111.5 of the Public Utilities Act that
8    is determined to be confidential and proprietary by the
9    Illinois Power Agency or by the Illinois Commerce
10    Commission.
11        (z) Information about students exempted from
12    disclosure under Sections 10-20.38 or 34-18.29 of the
13    School Code, and information about undergraduate students
14    enrolled at an institution of higher education exempted
15    from disclosure under Section 25 of the Illinois Credit
16    Card Marketing Act of 2009.
17        (aa) Information the disclosure of which is exempted
18    under the Viatical Settlements Act of 2009.
19        (bb) Records and information provided to a mortality
20    review team and records maintained by a mortality review
21    team appointed under the Department of Juvenile Justice
22    Mortality Review Team Act.
23        (cc) Information regarding interments, entombments, or
24    inurnments of human remains that are submitted to the
25    Cemetery Oversight Database under the Cemetery Care Act or
26    the Cemetery Oversight Act, whichever is applicable.

 

 

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1        (dd) Correspondence and records (i) that may not be
2    disclosed under Section 11-9 of the Public Aid Code or (ii)
3    that pertain to appeals under Section 11-8 of the Public
4    Aid Code.
5        (ee) The names, addresses, or other personal
6    information of persons who are minors and are also
7    participants and registrants in programs of park
8    districts, forest preserve districts, conservation
9    districts, recreation agencies, and special recreation
10    associations.
11        (ff) The names, addresses, or other personal
12    information of participants and registrants in programs of
13    park districts, forest preserve districts, conservation
14    districts, recreation agencies, and special recreation
15    associations where such programs are targeted primarily to
16    minors.
17        (gg) Confidential information described in Section
18    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
19        (hh) The report submitted to the State Board of
20    Education by the School Security and Standards Task Force
21    under item (8) of subsection (d) of Section 2-3.160 of the
22    School Code and any information contained in that report.
23        (ii) Records requested by persons committed to or
24    detained by the Department of Human Services under the
25    Sexually Violent Persons Commitment Act or committed to the
26    Department of Corrections under the Sexually Dangerous

 

 

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1    Persons Act if those materials: (i) are available in the
2    library of the facility where the individual is confined;
3    (ii) include records from staff members' personnel files,
4    staff rosters, or other staffing assignment information;
5    or (iii) are available through an administrative request to
6    the Department of Human Services or the Department of
7    Corrections.
8        (jj) (ii) Confidential information described in
9    Section 5-535 of the Civil Administrative Code of Illinois.
10    (1.5) Any information exempt from disclosure under the
11Judicial Privacy Act shall be redacted from public records
12prior to disclosure under this Act.
13    (2) A public record that is not in the possession of a
14public body but is in the possession of a party with whom the
15agency has contracted to perform a governmental function on
16behalf of the public body, and that directly relates to the
17governmental function and is not otherwise exempt under this
18Act, shall be considered a public record of the public body,
19for purposes of this Act.
20    (3) This Section does not authorize withholding of
21information or limit the availability of records to the public,
22except as stated in this Section or otherwise provided in this
23Act.
24(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
2598-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
26revised 1-11-16.)
 

 

 

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1    (5 ILCS 140/7.2 new)
2    Sec. 7.2. Law enforcement recordings.
3    (a) Notwithstanding Section 7 of this Act, a recording from
4an in-car video camera or an officer-worn body camera of a law
5enforcement officer discharging a firearm or an
6officer-involved death is not exempt from inspection and
7copying, unless the public body asserts an exemption under this
8Act supported by a court order finding the asserted exemption
9applicable to the requested recording.
10    (b) An action under this Section shall take the form of an
11action for declaratory judgment consistent with Section 11 of
12this Act. Notice of the public body's intent to file an action
13under this Section must be provided to the requestor prior to
14the deadline to respond to the request under Section 3 of this
15Act. Unless the requester withdraws the request, the action
16must be commenced by filing a complaint in the circuit court of
17the applicable jurisdiction within 14 days of the notice
18provided under this subsection. The complaint must attach all
19evidence on which the public body will rely to support its
20exemption claims, except that any evidence claimed by the
21public body to be exempt under this Act may be submitted for in
22camera review. In addition to formal service, the public body
23shall send a copy of the complaint by email to the email
24address previously provided by the requester, or else by mail
25to the mailing address previously provided by the requester.

 

 

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1The public body shall post copies of all notices under this
2Section on its website, or if the public body does not have a
3website, shall prominently display the notice at its primary
4office. The action shall name the requester as a defendant, and
5may name multiple requesters seeking the same records as
6defendants in the same action. The decision in the action shall
7only remain in effect for a specific period of time determined
8by the court as necessary to effectuate the purpose of the
9asserted exemption.
10    (c) Upon motion filed by a public body or requester, the
11court shall conduct an expedited hearing on the applicability
12of the exemption asserted by the public body to the release of
13the requested recording.
14    (d) In addition to establishing that an exemption applies,
15the public body must prove by clear and convincing evidence
16that the harm that would result from release of the recording
17outweighs the public interest in disclosure.
18    (e) If applicable, the requirements of paragraph (1) of
19subsection (b) of Section 10-20 of the Law Enforcement
20Officer-Worn Body Camera Act must be met before a recording may
21be released under this Section.
22    (f) To the extent the public body does not prevail in an
23action under this Section as to one or more of the claimed
24exemptions, the requester shall be considered to have prevailed
25under subsection (i) of Section 11. To the extent the court
26determines that the public body lacked a good faith basis for

 

 

09900SB2210sam002- 26 -LRB099 15836 HEP 47470 a

1one or more of its exemption claims or brought an action under
2this Section for the purpose of delay, the court shall award
3civil penalties under subsection (j) of Section 11.
 
4    (5 ILCS 140/7.5)
5    Sec. 7.5. Statutory exemptions. To the extent provided for
6by the statutes referenced below, the following shall be exempt
7from inspection and copying:
8        (a) All information determined to be confidential
9    under Section 4002 of the Technology Advancement and
10    Development Act.
11        (b) Library circulation and order records identifying
12    library users with specific materials under the Library
13    Records Confidentiality Act.
14        (c) Applications, related documents, and medical
15    records received by the Experimental Organ Transplantation
16    Procedures Board and any and all documents or other records
17    prepared by the Experimental Organ Transplantation
18    Procedures Board or its staff relating to applications it
19    has received.
20        (d) Information and records held by the Department of
21    Public Health and its authorized representatives relating
22    to known or suspected cases of sexually transmissible
23    disease or any information the disclosure of which is
24    restricted under the Illinois Sexually Transmissible
25    Disease Control Act.

 

 

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1        (e) Information the disclosure of which is exempted
2    under Section 30 of the Radon Industry Licensing Act.
3        (f) Firm performance evaluations under Section 55 of
4    the Architectural, Engineering, and Land Surveying
5    Qualifications Based Selection Act.
6        (g) Information the disclosure of which is restricted
7    and exempted under Section 50 of the Illinois Prepaid
8    Tuition Act.
9        (h) Information the disclosure of which is exempted
10    under the State Officials and Employees Ethics Act, and
11    records of any lawfully created State or local inspector
12    general's office that would be exempt if created or
13    obtained by an Executive Inspector General's office under
14    that Act.
15        (i) Information contained in a local emergency energy
16    plan submitted to a municipality in accordance with a local
17    emergency energy plan ordinance that is adopted under
18    Section 11-21.5-5 of the Illinois Municipal Code.
19        (j) Information and data concerning the distribution
20    of surcharge moneys collected and remitted by wireless
21    carriers under the Wireless Emergency Telephone Safety
22    Act.
23        (k) Law enforcement officer identification information
24    or driver identification information compiled by a law
25    enforcement agency or the Department of Transportation
26    under Section 11-212 of the Illinois Vehicle Code.

 

 

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1        (l) Records and information provided to a residential
2    health care facility resident sexual assault and death
3    review team or the Executive Council under the Abuse
4    Prevention Review Team Act.
5        (m) Information provided to the predatory lending
6    database created pursuant to Article 3 of the Residential
7    Real Property Disclosure Act, except to the extent
8    authorized under that Article.
9        (n) Defense budgets and petitions for certification of
10    compensation and expenses for court appointed trial
11    counsel as provided under Sections 10 and 15 of the Capital
12    Crimes Litigation Act. This subsection (n) shall apply
13    until the conclusion of the trial of the case, even if the
14    prosecution chooses not to pursue the death penalty prior
15    to trial or sentencing.
16        (o) Information that is prohibited from being
17    disclosed under Section 4 of the Illinois Health and
18    Hazardous Substances Registry Act.
19        (p) Security portions of system safety program plans,
20    investigation reports, surveys, schedules, lists, data, or
21    information compiled, collected, or prepared by or for the
22    Regional Transportation Authority under Section 2.11 of
23    the Regional Transportation Authority Act or the St. Clair
24    County Transit District under the Bi-State Transit Safety
25    Act.
26        (q) Information prohibited from being disclosed by the

 

 

09900SB2210sam002- 29 -LRB099 15836 HEP 47470 a

1    Personnel Records Review Act.
2        (r) Information prohibited from being disclosed by the
3    Illinois School Student Records Act.
4        (s) Information the disclosure of which is restricted
5    under Section 5-108 of the Public Utilities Act.
6        (t) All identified or deidentified health information
7    in the form of health data or medical records contained in,
8    stored in, submitted to, transferred by, or released from
9    the Illinois Health Information Exchange, and identified
10    or deidentified health information in the form of health
11    data and medical records of the Illinois Health Information
12    Exchange in the possession of the Illinois Health
13    Information Exchange Authority due to its administration
14    of the Illinois Health Information Exchange. The terms
15    "identified" and "deidentified" shall be given the same
16    meaning as in the Health Insurance Portability and
17    Accountability and Portability Act of 1996, Public Law
18    104-191, or any subsequent amendments thereto, and any
19    regulations promulgated thereunder.
20        (u) Records and information provided to an independent
21    team of experts under Brian's Law.
22        (v) Names and information of people who have applied
23    for or received Firearm Owner's Identification Cards under
24    the Firearm Owners Identification Card Act or applied for
25    or received a concealed carry license under the Firearm
26    Concealed Carry Act, unless otherwise authorized by the

 

 

09900SB2210sam002- 30 -LRB099 15836 HEP 47470 a

1    Firearm Concealed Carry Act; and databases under the
2    Firearm Concealed Carry Act, records of the Concealed Carry
3    Licensing Review Board under the Firearm Concealed Carry
4    Act, and law enforcement agency objections under the
5    Firearm Concealed Carry Act.
6        (w) Personally identifiable information which is
7    exempted from disclosure under subsection (g) of Section
8    19.1 of the Toll Highway Act.
9        (x) Information which is exempted from disclosure
10    under Section 5-1014.3 of the Counties Code or Section
11    8-11-21 of the Illinois Municipal Code.
12        (y) Confidential information under the Adult
13    Protective Services Act and its predecessor enabling
14    statute, the Elder Abuse and Neglect Act, including
15    information about the identity and administrative finding
16    against any caregiver of a verified and substantiated
17    decision of abuse, neglect, or financial exploitation of an
18    eligible adult maintained in the Registry established
19    under Section 7.5 of the Adult Protective Services Act.
20        (z) Records and information provided to a fatality
21    review team or the Illinois Fatality Review Team Advisory
22    Council under Section 15 of the Adult Protective Services
23    Act.
24        (aa) Information which is exempted from disclosure
25    under Section 2.37 of the Wildlife Code.
26        (bb) Information which is or was prohibited from

 

 

09900SB2210sam002- 31 -LRB099 15836 HEP 47470 a

1    disclosure by the Juvenile Court Act of 1987.
2        (cc) (bb) Recordings made under the Law Enforcement
3    Officer-Worn Body Camera Act, except to the extent
4    authorized under that Act or under Section 7.2 of this Act.
5(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
6eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
799-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
8revised 10-14-15.)
 
9    (5 ILCS 140/11)  (from Ch. 116, par. 211)
10    Sec. 11. (a) Any person denied access to inspect or copy
11any public record by a public body may file suit for injunctive
12or declaratory relief.
13    (b) Where the denial is from a public body of the State,
14suit may be filed in the circuit court for the county where the
15public body has its principal office or where the person denied
16access resides.
17    (c) Where the denial is from a municipality or other public
18body, except as provided in subsection (b) of this Section,
19suit may be filed in the circuit court for the county where the
20public body is located.
21    (d) The circuit court shall have the jurisdiction to enjoin
22the public body from withholding public records and to order
23the production of any public records improperly withheld from
24the person seeking access. If the public body can show that
25exceptional circumstances exist, and that the body is

 

 

09900SB2210sam002- 32 -LRB099 15836 HEP 47470 a

1exercising due diligence in responding to the request, the
2court may retain jurisdiction and allow the agency additional
3time to complete its review of the records.
4    (e) On motion of the plaintiff, prior to or after in camera
5inspection, the court shall order the public body to provide an
6index of the records to which access has been denied. The index
7shall include the following:
8        (i) A description of the nature or contents of each
9    document withheld, or each deletion from a released
10    document, provided, however, that the public body shall not
11    be required to disclose the information which it asserts is
12    exempt; and
13        (ii) A statement of the exemption or exemptions claimed
14    for each such deletion or withheld document.
15    (f) In any action considered by the court, the court shall
16consider the matter de novo, and shall conduct such in camera
17examination of the requested records as it finds appropriate to
18determine if such records or any part thereof may be withheld
19under any provision of this Act. The burden shall be on the
20public body to establish that its refusal to permit public
21inspection or copying is in accordance with the provisions of
22this Act. Any public body that asserts that a record is exempt
23from disclosure has the burden of proving that it is exempt by
24clear and convincing evidence.
25    (g) In the event of noncompliance with an order of the
26court to disclose, the court may enforce its order against any

 

 

09900SB2210sam002- 33 -LRB099 15836 HEP 47470 a

1public official or employee so ordered or primarily responsible
2for such noncompliance through the court's contempt powers.
3    (h) Except as to causes the court considers to be of
4greater importance, proceedings arising under this Section
5shall take precedence on the docket over all other causes and
6be assigned for hearing and trial at the earliest practicable
7date and expedited in every way.
8    (i) If a person seeking the right to inspect or receive a
9copy of a public record prevails in a proceeding under this
10Section, the court shall award such person reasonable
11attorney's attorneys' fees and costs. In determining what
12amount of attorney's fees is reasonable, the court shall
13consider the degree to which the relief obtained relates to the
14relief sought. The changes contained in this subsection apply
15to an action filed on or after January 1, 2010 (the effective
16date of Public Act 96-542) this amendatory Act of the 96th
17General Assembly.
18    (j) If the court determines that a public body willfully
19and intentionally failed to comply with this Act, or otherwise
20acted in bad faith, the court shall also impose upon the public
21body a civil penalty of not less than $2,500 nor more than
22$5,000 for each occurrence. In assessing the civil penalty, the
23court shall consider in aggravation or mitigation the budget of
24the public body and whether the public body has previously been
25assessed penalties for violations of this Act. The changes
26contained in this subsection apply to an action filed on or

 

 

09900SB2210sam002- 34 -LRB099 15836 HEP 47470 a

1after January 1, 2010 (the effective date of Public Act 96-542)
2this amendatory Act of the 96th General Assembly.
3    (k) This Section applies in an action for declaratory
4relief brought by a public body pursuant to subsection (b) of
5Section 7.2 of this Act.
6(Source: P.A. 96-542, eff. 1-1-10; 97-813, eff. 7-13-12;
7revised 10-14-15.)
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".