093_HB1425enr

 
HB1425 Enrolled                      LRB093 07839 BDD 08028 b

 1        AN ACT concerning the freedom of information.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Freedom of Information Act is amended by
 5    changing Section 7 as follows:

 6        (5 ILCS 140/7) (from Ch. 116, par. 207)
 7        Sec. 7.  Exemptions.
 8        (1)  The following shall be exempt  from  inspection  and
 9    copying:
10             (a)  Information    specifically   prohibited   from
11        disclosure  by  federal  or  State  law  or   rules   and
12        regulations adopted under federal or State law.
13             (b)  Information    that,    if   disclosed,   would
14        constitute a clearly  unwarranted  invasion  of  personal
15        privacy, unless the disclosure is consented to in writing
16        by  the  individual  subjects  of  the  information.  The
17        disclosure of information that bears on the public duties
18        of public employees and officials shall not be considered
19        an invasion of personal  privacy.   Information  exempted
20        under  this  subsection  (b)  shall  include  but  is not
21        limited to:
22                  (i)  files and personal information  maintained
23             with   respect   to  clients,  patients,  residents,
24             students  or  other  individuals  receiving  social,
25             medical,   educational,    vocational,    financial,
26             supervisory  or  custodial care or services directly
27             or  indirectly  from  federal  agencies  or   public
28             bodies;
29                  (ii)  personnel  files and personal information
30             maintained with respect to employees, appointees  or
31             elected  officials  of any public body or applicants
 
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 1             for those positions;
 2                  (iii)  files    and    personal     information
 3             maintained with respect to any applicant, registrant
 4             or  licensee  by any public body cooperating with or
 5             engaged    in    professional    or     occupational
 6             registration, licensure or discipline;
 7                  (iv)  information  required  of any taxpayer in
 8             connection with the assessment or collection of  any
 9             tax unless disclosure is otherwise required by State
10             statute; and
11                  (v)  information   revealing  the  identity  of
12             persons  who  file  complaints   with   or   provide
13             information  to  administrative,  investigative, law
14             enforcement or penal  agencies;  provided,  however,
15             that   identification   of   witnesses   to  traffic
16             accidents,  traffic  accident  reports,  and  rescue
17             reports  may  be  provided  by  agencies  of   local
18             government,  except  in  a case for which a criminal
19             investigation is  ongoing,  without  constituting  a
20             clearly  unwarranted   per  se  invasion of personal
21             privacy under this subsection; and
22                  (vi)  the names, addresses, or  other  personal
23             information  of participants and registrants in park
24             district, forest preserve district, and conservation
25             district programs.
26             (c)  Records  compiled  by  any  public   body   for
27        administrative   enforcement   proceedings  and  any  law
28        enforcement or correctional agency  for  law  enforcement
29        purposes  or  for  internal matters of a public body, but
30        only to the extent that disclosure would:
31                  (i)  interfere with  pending  or  actually  and
32             reasonably  contemplated law enforcement proceedings
33             conducted by any  law  enforcement  or  correctional
34             agency;
 
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 1                  (ii)  interfere   with  pending  administrative
 2             enforcement  proceedings  conducted  by  any  public
 3             body;
 4                  (iii)  deprive a person of a fair trial  or  an
 5             impartial hearing;
 6                  (iv)  unavoidably  disclose  the  identity of a
 7             confidential  source  or  confidential   information
 8             furnished only by the confidential source;
 9                  (v)  disclose     unique     or     specialized
10             investigative  techniques other than those generally
11             used and known or  disclose  internal  documents  of
12             correctional    agencies   related   to   detection,
13             observation or investigation of incidents  of  crime
14             or misconduct;
15                  (vi)  constitute   an   invasion   of  personal
16             privacy under subsection (b) of this Section;
17                  (vii)  endanger the life or physical safety  of
18             law enforcement personnel or any other person; or
19                  (viii)  obstruct     an     ongoing    criminal
20             investigation.
21             (d)  Criminal history record information  maintained
22        by  State  or local criminal justice agencies, except the
23        following which shall be open for public  inspection  and
24        copying:
25                  (i)  chronologically      maintained     arrest
26             information, such  as  traditional  arrest  logs  or
27             blotters;
28                  (ii)  the  name of a person in the custody of a
29             law enforcement agency and  the  charges  for  which
30             that person is being held;
31                  (iii)  court records that are public;
32                  (iv)  records   that  are  otherwise  available
33             under State or local law; or
34                  (v)  records in which the requesting  party  is
 
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 1             the  individual identified, except as provided under
 2             part (vii) of paragraph (c)  of  subsection  (1)  of
 3             this Section.
 4             "Criminal  history  record  information"  means data
 5        identifiable  to  an   individual   and   consisting   of
 6        descriptions   or   notations   of  arrests,  detentions,
 7        indictments, informations, pre-trial proceedings, trials,
 8        or other formal events in the criminal justice system  or
 9        descriptions  or notations of criminal charges (including
10        criminal violations of local  municipal  ordinances)  and
11        the   nature   of   any  disposition  arising  therefrom,
12        including sentencing, court or correctional  supervision,
13        rehabilitation  and  release.  The term does not apply to
14        statistical records and reports in which individuals  are
15        not  identified  and  from which their identities are not
16        ascertainable, or to information  that  is  for  criminal
17        investigative or intelligence purposes.
18             (e)  Records  that  relate to or affect the security
19        of correctional institutions and detention facilities.
20             (f)  Preliminary  drafts,  notes,   recommendations,
21        memoranda   and  other  records  in  which  opinions  are
22        expressed, or policies or actions are formulated,  except
23        that  a  specific  record or relevant portion of a record
24        shall not be exempt when the record is publicly cited and
25        identified by the head of the public body. The  exemption
26        provided  in  this  paragraph  (f)  extends  to all those
27        records of officers and agencies of the General  Assembly
28        that pertain to the preparation of legislative documents.
29             (g)  Trade   secrets  and  commercial  or  financial
30        information obtained from a person or business where  the
31        trade  secrets or information are proprietary, privileged
32        or confidential, or where disclosure of the trade secrets
33        or information may cause competitive harm, including  all
34        information  determined  to be confidential under Section
 
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 1        4002 of the Technology Advancement and  Development  Act.
 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
 8        advantage  to  any  person  proposing  to  enter  into  a
 9        contractor  agreement  with  the  body, until an award or
10        final selection is made.  Information prepared by or  for
11        the  body  in  preparation of a bid solicitation shall be
12        exempt until an award or final selection is made.
13             (i)  Valuable formulae, computer geographic systems,
14        designs, drawings and research data obtained or  produced
15        by  any  public  body when disclosure could reasonably be
16        expected to produce private gain or public loss.
17             (j)  Test  questions,   scoring   keys   and   other
18        examination   data   used   to   administer  an  academic
19        examination  or  determined  the  qualifications  of   an
20        applicant for a license or employment.
21             (k)  Architects'   plans  and  engineers'  technical
22        submissions for projects not constructed or developed  in
23        whole  or  in  part  with  public  funds and for projects
24        constructed or developed with public funds, to the extent
25        that disclosure would compromise security.
26             (l)  Library   circulation   and    order    records
27        identifying library users with specific materials.
28             (m)  Minutes  of meetings of public bodies closed to
29        the public as provided in the Open Meetings Act until the
30        public body makes the minutes  available  to  the  public
31        under Section 2.06 of the Open Meetings Act.
32             (n)  Communications  between  a  public  body and an
33        attorney or auditor representing  the  public  body  that
34        would  not  be  subject  to  discovery in litigation, and
 
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 1        materials prepared or compiled by or for a public body in
 2        anticipation  of  a  criminal,  civil  or  administrative
 3        proceeding upon the request of an attorney  advising  the
 4        public  body,  and  materials  prepared  or compiled with
 5        respect to internal audits of public bodies.
 6             (o)  Information received by a primary or  secondary
 7        school,  college  or  university under its procedures for
 8        the evaluation  of  faculty  members  by  their  academic
 9        peers.
10             (p)  Administrative    or    technical   information
11        associated with  automated  data  processing  operations,
12        including   but   not   limited  to  software,  operating
13        protocols,  computer  program  abstracts,  file  layouts,
14        source  listings,  object  modules,  load  modules,  user
15        guides,  documentation  pertaining  to  all  logical  and
16        physical  design  of   computerized   systems,   employee
17        manuals,  and  any  other information that, if disclosed,
18        would jeopardize the security of the system or  its  data
19        or the security of materials exempt under this Section.
20             (q)  Documents  or  materials relating to collective
21        negotiating  matters  between  public  bodies  and  their
22        employees  or  representatives,  except  that  any  final
23        contract or agreement shall be subject to inspection  and
24        copying.
25             (r)  Drafts,  notes,  recommendations  and memoranda
26        pertaining to the financing and marketing transactions of
27        the public body. The records of ownership,  registration,
28        transfer, and exchange of municipal debt obligations, and
29        of   persons  to  whom  payment  with  respect  to  these
30        obligations is made.
31             (s)  The records, documents and information relating
32        to  real  estate  purchase   negotiations   until   those
33        negotiations have been completed or otherwise terminated.
34        With regard to a parcel involved in a pending or actually
 
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 1        and  reasonably  contemplated  eminent  domain proceeding
 2        under  Article  VII  of  the  Code  of  Civil  Procedure,
 3        records,  documents  and  information  relating  to  that
 4        parcel shall be exempt except as  may  be  allowed  under
 5        discovery  rules  adopted  by the Illinois Supreme Court.
 6        The records, documents and information relating to a real
 7        estate sale shall be exempt until a sale is consummated.
 8             (t)  Any and all proprietary information and records
 9        related to the operation  of  an  intergovernmental  risk
10        management  association or self-insurance pool or jointly
11        self-administered  health  and  accident  cooperative  or
12        pool.
13             (u)  Information    concerning    a     university's
14        adjudication   of   student   or  employee  grievance  or
15        disciplinary cases, to the extent that  disclosure  would
16        reveal  the  identity  of  the  student  or  employee and
17        information concerning any public body's adjudication  of
18        student  or  employee  grievances  or disciplinary cases,
19        except for the final outcome of the cases.
20             (v)  Course materials or research materials used  by
21        faculty members.
22             (w)  Information  related  solely  to  the  internal
23        personnel rules and practices of a public body.
24             (x)  Information   contained   in   or   related  to
25        examination, operating, or condition reports prepared by,
26        on behalf of, or for the use of a public body responsible
27        for  the   regulation   or   supervision   of   financial
28        institutions or insurance companies, unless disclosure is
29        otherwise required by State law.
30             (y)  Information   the   disclosure   of   which  is
31        restricted under Section 5-108 of  the  Public  Utilities
32        Act.
33             (z)  Manuals  or instruction to staff that relate to
34        establishment or collection of liability  for  any  State
 
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 1        tax  or that relate to investigations by a public body to
 2        determine violation of any criminal law.
 3             (aa)  Applications, related documents,  and  medical
 4        records    received    by    the    Experimental    Organ
 5        Transplantation   Procedures   Board   and  any  and  all
 6        documents or other records prepared by  the  Experimental
 7        Organ  Transplantation  Procedures  Board  or  its  staff
 8        relating to applications it has received.
 9             (bb)  Insurance  or  self  insurance  (including any
10        intergovernmental risk  management  association  or  self
11        insurance   pool)   claims,   loss   or  risk  management
12        information, records, data, advice or communications.
13             (cc)  Information and records held by the Department
14        of  Public  Health  and  its  authorized  representatives
15        relating  to  known  or  suspected  cases   of   sexually
16        transmissible  disease  or any information the disclosure
17        of  which  is  restricted  under  the  Illinois  Sexually
18        Transmissible Disease Control Act.
19             (dd)  Information  the  disclosure   of   which   is
20        exempted under Section 30 of the Radon Industry Licensing
21        Act.
22             (ee)  Firm  performance evaluations under Section 55
23        of the Architectural,  Engineering,  and  Land  Surveying
24        Qualifications Based Selection Act.
25             (ff)  Security  portions  of  system  safety program
26        plans, investigation reports, surveys, schedules,  lists,
27        data,  or information compiled, collected, or prepared by
28        or  for  the  Regional  Transportation  Authority   under
29        Section 2.11 of the Regional Transportation Authority Act
30        or  the  St.  Clair  County  Transit  District  under the
31        Bi-State Transit Safety Act.
32             (gg)  Information  the  disclosure   of   which   is
33        restricted  and exempted under Section 50 of the Illinois
34        Prepaid Tuition Act.
 
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 1             (hh)  Information  the  disclosure   of   which   is
 2        exempted under Section 80 of the State Gift Ban Act.
 3             (ii)  Beginning July 1, 1999, information that would
 4        disclose  or  might  lead  to the disclosure of secret or
 5        confidential information, codes, algorithms, programs, or
 6        private keys intended to be used to create electronic  or
 7        digital signatures under the Electronic Commerce Security
 8        Act.
 9             (jj)  Information  contained  in  a  local emergency
10        energy plan submitted to  a  municipality  in  accordance
11        with  a  local  emergency  energy  plan ordinance that is
12        adopted under Section 11-21.5-5 of the Illinois Municipal
13        Code.
14             (kk)  Information   and    data    concerning    the
15        distribution  of  surcharge moneys collected and remitted
16        by  wireless  carriers  under  the   Wireless   Emergency
17        Telephone Safety Act.
18        (2)  This  Section  does  not  authorize  withholding  of
19    information  or  limit  the  availability  of  records to the
20    public,  except  as  stated  in  this  Section  or  otherwise
21    provided in this Act.
22    (Source: P.A. 91-137, eff.  7-16-99;  91-357,  eff.  7-29-99;
23    91-660,  eff.  12-22-99;  92-16,  eff.  6-28-01; 92-241, eff.
24    8-3-01; 92-281, eff. 8-7-01; 92-645,  eff.  7-11-02;  92-651,
25    eff. 7-11-02.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.