093_HB2807

 
                                     LRB093 09643 JAM 09881 b

 1        AN ACT concerning 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
 
                            -2-      LRB093 09643 JAM 09881 b
 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.
22             (c)  Records   compiled   by  any  public  body  for
23        administrative  enforcement  proceedings  and   any   law
24        enforcement  or  correctional  agency for law enforcement
25        purposes or for internal matters of a  public  body,  but
26        only to the extent that disclosure would:
27                  (i)  interfere  with  pending  or  actually and
28             reasonably contemplated law enforcement  proceedings
29             conducted  by  any  law  enforcement or correctional
30             agency;
31                  (ii)  interfere  with  pending   administrative
32             enforcement  proceedings  conducted  by  any  public
33             body;
34                  (iii)  deprive  a  person of a fair trial or an
 
                            -3-      LRB093 09643 JAM 09881 b
 1             impartial hearing;
 2                  (iv)  unavoidably disclose the  identity  of  a
 3             confidential   source  or  confidential  information
 4             furnished only by the confidential source;
 5                  (v)  disclose     unique     or     specialized
 6             investigative techniques other than those  generally
 7             used  and  known  or  disclose internal documents of
 8             correctional   agencies   related   to    detection,
 9             observation  or  investigation of incidents of crime
10             or misconduct;
11                  (vi)  constitute  an   invasion   of   personal
12             privacy under subsection (b) of this Section;
13                  (vii)  endanger  the life or physical safety of
14             law enforcement personnel or any other person; or
15                  (viii)  obstruct    an     ongoing     criminal
16             investigation.
17             (d)  Criminal  history record information maintained
18        by State or local criminal justice agencies,  except  the
19        following  which  shall be open for public inspection and
20        copying:
21                  (i)  chronologically     maintained      arrest
22             information,  such  as  traditional  arrest  logs or
23             blotters;
24                  (ii)  the name of a person in the custody of  a
25             law  enforcement  agency  and  the charges for which
26             that person is being held;
27                  (iii)  court records that are public;
28                  (iv)  records  that  are  otherwise   available
29             under State or local law; or
30                  (v)  records  in  which the requesting party is
31             the individual identified, except as provided  under
32             part  (vii)  of  paragraph  (c) of subsection (1) of
33             this Section.
34             "Criminal history  record  information"  means  data
 
                            -4-      LRB093 09643 JAM 09881 b
 1        identifiable   to   an   individual   and  consisting  of
 2        descriptions  or  notations   of   arrests,   detentions,
 3        indictments, informations, pre-trial proceedings, trials,
 4        or  other formal events in the criminal justice system or
 5        descriptions or notations of criminal charges  (including
 6        criminal  violations  of  local municipal ordinances) and
 7        the  nature  of  any   disposition   arising   therefrom,
 8        including  sentencing, court or correctional supervision,
 9        rehabilitation and release.  The term does not  apply  to
10        statistical  records and reports in which individuals are
11        not identified and from which their  identities  are  not
12        ascertainable,  or  to  information  that is for criminal
13        investigative or intelligence purposes.
14             (e)  Records that relate to or affect  the  security
15        of correctional institutions and detention facilities.
16             (f)  Preliminary   drafts,  notes,  recommendations,
17        memoranda  and  other  records  in  which  opinions   are
18        expressed,  or policies or actions are formulated, except
19        that a specific record or relevant portion  of  a  record
20        shall not be exempt when the record is publicly cited and
21        identified  by the head of the public body. The exemption
22        provided in this  paragraph  (f)  extends  to  all  those
23        records  of officers and agencies of the General Assembly
24        that pertain to the preparation of legislative documents.
25             (g)  Trade  secrets  and  commercial  or   financial
26        information  obtained from a person or business where the
27        trade secrets or information are proprietary,  privileged
28        or confidential, or where disclosure of the trade secrets
29        or  information may cause competitive harm, including all
30        information determined to be confidential  under  Section
31        4002  of  the Technology Advancement and Development Act.
32        Nothing  contained  in  this  paragraph  (g)   shall   be
33        construed to prevent a person or business from consenting
34        to disclosure.
 
                            -5-      LRB093 09643 JAM 09881 b
 1             (h)  Proposals  and bids for any contract, grant, or
 2        agreement,  including  information  which  if   it   were
 3        disclosed   would   frustrate   procurement  or  give  an
 4        advantage  to  any  person  proposing  to  enter  into  a
 5        contractor agreement with the body,  until  an  award  or
 6        final  selection is made.  Information prepared by or for
 7        the body in preparation of a bid  solicitation  shall  be
 8        exempt until an award or final selection is made.
 9             (i)  Valuable formulae, computer geographic systems,
10        designs,  drawings and research data obtained or produced
11        by any public body when disclosure  could  reasonably  be
12        expected to produce private gain or public loss.
13             (j)  Test   questions,   scoring   keys   and  other
14        examination  data  used   to   administer   an   academic
15        examination   or  determined  the  qualifications  of  an
16        applicant for a license or employment.
17             (k)  Architects'  plans  and  engineers'   technical
18        submissions  for projects not constructed or developed in
19        whole or in part with  public  funds,  and  for  projects
20        constructed  or  developed with public funds, and for all
21        power plants, transmission and  distribution  facilities,
22        nuclear  facilities,  public  buildings,  water treatment
23        facilities,     public     transportation     facilities,
24        architectural,   engineering,   and    building    plans,
25        schematics,   blueprints,  and  atlases,  and  any  other
26        construction   related   and   operational    plans    or
27        vulnerability  and  risk assessments for such facilities,
28        to the extent that disclosure would compromise security.
29             (l)  Library   circulation   and    order    records
30        identifying library users with specific materials.
31             (m)  Minutes  of meetings of public bodies closed to
32        the public as provided in the Open Meetings Act until the
33        public body makes the minutes  available  to  the  public
34        under Section 2.06 of the Open Meetings Act.
 
                            -6-      LRB093 09643 JAM 09881 b
 1             (n)  Communications  between  a  public  body and an
 2        attorney or auditor representing  the  public  body  that
 3        would  not  be  subject  to  discovery in litigation, and
 4        materials prepared or compiled by or for a public body in
 5        anticipation  of  a  criminal,  civil  or  administrative
 6        proceeding upon the request of an attorney  advising  the
 7        public  body,  and  materials  prepared  or compiled with
 8        respect to internal audits of public bodies.
 9             (o)  Information received by a primary or  secondary
10        school,  college  or  university under its procedures for
11        the evaluation  of  faculty  members  by  their  academic
12        peers.
13             (p)  Administrative    or    technical   information
14        associated with  automated  data  processing  operations,
15        including   but   not   limited  to  software,  operating
16        protocols,  computer  program  abstracts,  file  layouts,
17        source  listings,  object  modules,  load  modules,  user
18        guides,  documentation  pertaining  to  all  logical  and
19        physical  design  of   computerized   systems,   employee
20        manuals,  and  any  other information that, if disclosed,
21        would jeopardize the security of the system or  its  data
22        or the security of materials exempt under this Section.
23             (q)  Documents  or  materials relating to collective
24        negotiating  matters  between  public  bodies  and  their
25        employees  or  representatives,  except  that  any  final
26        contract or agreement shall be subject to inspection  and
27        copying.
28             (r)  Drafts,  notes,  recommendations  and memoranda
29        pertaining to the financing and marketing transactions of
30        the public body. The records of ownership,  registration,
31        transfer, and exchange of municipal debt obligations, and
32        of   persons  to  whom  payment  with  respect  to  these
33        obligations is made.
34             (s)  The records, documents and information relating
 
                            -7-      LRB093 09643 JAM 09881 b
 1        to  real  estate  purchase   negotiations   until   those
 2        negotiations have been completed or otherwise terminated.
 3        With regard to a parcel involved in a pending or actually
 4        and  reasonably  contemplated  eminent  domain proceeding
 5        under  Article  VII  of  the  Code  of  Civil  Procedure,
 6        records,  documents  and  information  relating  to  that
 7        parcel shall be exempt except as  may  be  allowed  under
 8        discovery  rules  adopted  by the Illinois Supreme Court.
 9        The records, documents and information relating to a real
10        estate sale shall be exempt until a sale is consummated.
11             (t)  Any and all proprietary information and records
12        related to the operation  of  an  intergovernmental  risk
13        management  association or self-insurance pool or jointly
14        self-administered  health  and  accident  cooperative  or
15        pool.
16             (u)  Information    concerning    a     university's
17        adjudication   of   student   or  employee  grievance  or
18        disciplinary cases, to the extent that  disclosure  would
19        reveal  the  identity  of  the  student  or  employee and
20        information concerning any public body's adjudication  of
21        student  or  employee  grievances  or disciplinary cases,
22        except for the final outcome of the cases.
23             (v)  Course materials or research materials used  by
24        faculty members.
25             (w)  Information  related  solely  to  the  internal
26        personnel rules and practices of a public body.
27             (x)  Information   contained   in   or   related  to
28        examination, operating, or condition reports prepared by,
29        on behalf of, or for the use of a public body responsible
30        for  the   regulation   or   supervision   of   financial
31        institutions or insurance companies, unless disclosure is
32        otherwise required by State law.
33             (y)  Information   the   disclosure   of   which  is
34        restricted under Section 5-108 of  the  Public  Utilities
 
                            -8-      LRB093 09643 JAM 09881 b
 1        Act.
 2             (z)  Manuals  or instruction to staff that relate to
 3        establishment or collection of liability  for  any  State
 4        tax  or that relate to investigations by a public body to
 5        determine violation of any criminal law.
 6             (aa)  Applications, related documents,  and  medical
 7        records    received    by    the    Experimental    Organ
 8        Transplantation   Procedures   Board   and  any  and  all
 9        documents or other records prepared by  the  Experimental
10        Organ  Transplantation  Procedures  Board  or  its  staff
11        relating to applications it has received.
12             (bb)  Insurance  or  self  insurance  (including any
13        intergovernmental risk  management  association  or  self
14        insurance   pool)   claims,   loss   or  risk  management
15        information, records, data, advice or communications.
16             (cc)  Information and records held by the Department
17        of  Public  Health  and  its  authorized  representatives
18        relating  to  known  or  suspected  cases   of   sexually
19        transmissible  disease  or any information the disclosure
20        of  which  is  restricted  under  the  Illinois  Sexually
21        Transmissible Disease Control Act.
22             (dd)  Information  the  disclosure   of   which   is
23        exempted under Section 30 of the Radon Industry Licensing
24        Act.
25             (ee)  Firm  performance evaluations under Section 55
26        of the Architectural,  Engineering,  and  Land  Surveying
27        Qualifications Based Selection Act.
28             (ff)  Security  portions  of  system  safety program
29        plans, investigation reports, surveys, schedules,  lists,
30        data,  or information compiled, collected, or prepared by
31        or  for  the  Regional  Transportation  Authority   under
32        Section 2.11 of the Regional Transportation Authority Act
33        or  the  St.  Clair  County  Transit  District  under the
34        Bi-State Transit Safety Act.
 
                            -9-      LRB093 09643 JAM 09881 b
 1             (gg)  Information  the  disclosure   of   which   is
 2        restricted  and exempted under Section 50 of the Illinois
 3        Prepaid Tuition Act.
 4             (hh)  Information  the  disclosure   of   which   is
 5        exempted under Section 80 of the State Gift Ban Act.
 6             (ii)  Beginning July 1, 1999, information that would
 7        disclose  or  might  lead  to the disclosure of secret or
 8        confidential information, codes, algorithms, programs, or
 9        private keys intended to be used to create electronic  or
10        digital signatures under the Electronic Commerce Security
11        Act.
12             (jj)  Information  contained  in  a  local emergency
13        energy plan submitted to  a  municipality  in  accordance
14        with  a  local  emergency  energy  plan ordinance that is
15        adopted under Section 11-21.5-5 of the Illinois Municipal
16        Code.
17             (kk)  Information   and    data    concerning    the
18        distribution  of  surcharge moneys collected and remitted
19        by  wireless  carriers  under  the   Wireless   Emergency
20        Telephone Safety Act.
21        (2)  This  Section  does  not  authorize  withholding  of
22    information  or  limit  the  availability  of  records to the
23    public,  except  as  stated  in  this  Section  or  otherwise
24    provided in this Act.
25    (Source: P.A. 91-137, eff.  7-16-99;  91-357,  eff.  7-29-99;
26    91-660,  eff.  12-22-99;  92-16,  eff.  6-28-01; 92-241, eff.
27    8-3-01; 92-281, eff. 8-7-01; 92-645,  eff.  7-11-02;  92-651,
28    eff. 7-11-02.)