Illinois General Assembly - Full Text of HB0201
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Full Text of HB0201  94th General Assembly



State of Illinois
2005 and 2006


Introduced 01/13/05, by Rep. Jay C. Hoffman


5 ILCS 140/7   from Ch. 116, par. 207

    Amends the Freedom of Information Act. Provides that materials prepared or compiled with respect to internal audits of public universities shall not be exempt from inspection and copying. Effective Immediate.

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1     AN ACT concerning government.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Freedom of Information Act is amended by
5 changing 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 regulations
12     adopted under federal or State law.
13         (b) Information that, if disclosed, would constitute a
14     clearly unwarranted invasion of personal privacy, unless
15     the disclosure is consented to in writing by the individual
16     subjects of the information. The disclosure of information
17     that bears on the public duties of public employees and
18     officials shall not be considered an invasion of personal
19     privacy. Information exempted under this subsection (b)
20     shall include but is not limited to:
21             (i) files and personal information maintained with
22         respect to clients, patients, residents, students or
23         other individuals receiving social, medical,
24         educational, vocational, financial, supervisory or
25         custodial care or services directly or indirectly from
26         federal agencies or public bodies;
27             (ii) personnel files and personal information
28         maintained with respect to employees, appointees or
29         elected officials of any public body or applicants for
30         those positions;
31             (iii) files and personal information maintained
32         with respect to any applicant, registrant or licensee



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1         by any public body cooperating with or engaged in
2         professional or occupational registration, licensure
3         or discipline;
4             (iv) information required of any taxpayer in
5         connection with the assessment or collection of any tax
6         unless disclosure is otherwise required by State
7         statute;
8             (v) information revealing the identity of persons
9         who file complaints with or provide information to
10         administrative, investigative, law enforcement or
11         penal agencies; provided, however, that identification
12         of witnesses to traffic accidents, traffic accident
13         reports, and rescue reports may be provided by agencies
14         of local government, except in a case for which a
15         criminal investigation is ongoing, without
16         constituting a clearly unwarranted per se invasion of
17         personal privacy under this subsection; and
18             (vi) the names, addresses, or other personal
19         information of participants and registrants in park
20         district, forest preserve district, and conservation
21         district programs.
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 only
26     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 body;
33             (iii) deprive a person of a fair trial or an
34         impartial hearing;
35             (iv) unavoidably disclose the identity of a
36         confidential source or confidential information



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1         furnished only by the confidential source;
2             (v) disclose unique or specialized investigative
3         techniques other than those generally used and known or
4         disclose internal documents of correctional agencies
5         related to detection, observation or investigation of
6         incidents of crime or misconduct;
7             (vi) constitute an invasion of personal privacy
8         under subsection (b) of this Section;
9             (vii) endanger the life or physical safety of law
10         enforcement personnel or any other person; or
11             (viii) obstruct an ongoing criminal investigation.
12         (d) Criminal history record information maintained by
13     State or local criminal justice agencies, except the
14     following which shall be open for public inspection and
15     copying:
16             (i) chronologically maintained arrest information,
17         such as traditional arrest logs or blotters;
18             (ii) the name of a person in the custody of a law
19         enforcement agency and the charges for which that
20         person is being held;
21             (iii) court records that are public;
22             (iv) records that are otherwise available under
23         State or local law; or
24             (v) records in which the requesting party is the
25         individual identified, except as provided under part
26         (vii) of paragraph (c) of subsection (1) of this
27         Section.
28         "Criminal history record information" means data
29     identifiable to an individual and consisting of
30     descriptions or notations of arrests, detentions,
31     indictments, informations, pre-trial proceedings, trials,
32     or other formal events in the criminal justice system or
33     descriptions or notations of criminal charges (including
34     criminal violations of local municipal ordinances) and the
35     nature of any disposition arising therefrom, including
36     sentencing, court or correctional supervision,



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1     rehabilitation and release. The term does not apply to
2     statistical records and reports in which individuals are
3     not identified and from which their identities are not
4     ascertainable, or to information that is for criminal
5     investigative or intelligence purposes.
6         (e) Records that relate to or affect the security of
7     correctional institutions and detention facilities.
8         (f) Preliminary drafts, notes, recommendations,
9     memoranda and other records in which opinions are
10     expressed, or policies or actions are formulated, except
11     that a specific record or relevant portion of a record
12     shall not be exempt when the record is publicly cited and
13     identified by the head of the public body. The exemption
14     provided in this paragraph (f) extends to all those records
15     of officers and agencies of the General Assembly that
16     pertain to the preparation of legislative documents.
17         (g) Trade secrets and commercial or financial
18     information obtained from a person or business where the
19     trade secrets or information are proprietary, privileged
20     or confidential, or where disclosure of the trade secrets
21     or information may cause competitive harm, including all
22     information determined to be confidential under Section
23     4002 of the Technology Advancement and Development Act.
24     Nothing contained in this paragraph (g) shall be construed
25     to prevent a person or business from consenting to
26     disclosure.
27         (h) Proposals and bids for any contract, grant, or
28     agreement, including information which if it were
29     disclosed would frustrate procurement or give an advantage
30     to any person proposing to enter into a contractor
31     agreement with the body, until an award or final selection
32     is made. Information prepared by or for the body in
33     preparation of a bid solicitation shall be exempt until an
34     award or final selection is made.
35         (i) Valuable formulae, computer geographic systems,
36     designs, drawings and research data obtained or produced by



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1     any public body when disclosure could reasonably be
2     expected to produce private gain or public loss. The
3     exemption for "computer geographic systems" provided in
4     this paragraph (i) does not extend to requests made by news
5     media as defined in Section 2 of this Act when the
6     requested information is not otherwise exempt and the only
7     purpose of the request is to access and disseminate
8     information regarding the health, safety, welfare, or
9     legal rights of the general public.
10         (j) Test questions, scoring keys and other examination
11     data used to administer an academic examination or
12     determined the qualifications of an applicant for a license
13     or employment.
14         (k) Architects' plans, engineers' technical
15     submissions, and other construction related technical
16     documents for projects not constructed or developed in
17     whole or in part with public funds and the same for
18     projects constructed or developed with public funds, but
19     only to the extent that disclosure would compromise
20     security, including but not limited to water treatment
21     facilities, airport facilities, sport stadiums, convention
22     centers, and all government owned, operated, or occupied
23     buildings.
24         (l) Library circulation and order records identifying
25     library users with specific materials.
26         (m) Minutes of meetings of public bodies closed to the
27     public as provided in the Open Meetings Act until the
28     public body makes the minutes available to the public under
29     Section 2.06 of the Open Meetings Act.
30         (n) Communications between a public body and an
31     attorney or auditor representing the public body that would
32     not be subject to discovery in litigation, and materials
33     prepared or compiled by or for a public body in
34     anticipation of a criminal, civil or administrative
35     proceeding upon the request of an attorney advising the
36     public body, and materials prepared or compiled with



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1     respect to internal audits of public bodies, except that
2     materials prepared or compiled with respect to internal
3     audits of public universities shall not be exempt.
4         (o) Information received by a primary or secondary
5     school, college or university under its procedures for the
6     evaluation of faculty members by their academic peers.
7         (p) Administrative or technical information associated
8     with automated data processing operations, including but
9     not limited to software, operating protocols, computer
10     program abstracts, file layouts, source listings, object
11     modules, load modules, user guides, documentation
12     pertaining to all logical and physical design of
13     computerized systems, employee manuals, and any other
14     information that, if disclosed, would jeopardize the
15     security of the system or its data or the security of
16     materials exempt under this Section.
17         (q) Documents or materials relating to collective
18     negotiating matters between public bodies and their
19     employees or representatives, except that any final
20     contract or agreement shall be subject to inspection and
21     copying.
22         (r) Drafts, notes, recommendations and memoranda
23     pertaining to the financing and marketing transactions of
24     the public body. The records of ownership, registration,
25     transfer, and exchange of municipal debt obligations, and
26     of persons to whom payment with respect to these
27     obligations is made.
28         (s) The records, documents and information relating to
29     real estate purchase negotiations until those negotiations
30     have been completed or otherwise terminated. With regard to
31     a parcel involved in a pending or actually and reasonably
32     contemplated eminent domain proceeding under Article VII
33     of the Code of Civil Procedure, records, documents and
34     information relating to that parcel shall be exempt except
35     as may be allowed under discovery rules adopted by the
36     Illinois Supreme Court. The records, documents and



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1     information relating to a real estate sale shall be exempt
2     until a sale is consummated.
3         (t) Any and all proprietary information and records
4     related to the operation of an intergovernmental risk
5     management association or self-insurance pool or jointly
6     self-administered health and accident cooperative or pool.
7         (u) Information concerning a university's adjudication
8     of student or employee grievance or disciplinary cases, to
9     the extent that disclosure would reveal the identity of the
10     student or employee and information concerning any public
11     body's adjudication of student or employee grievances or
12     disciplinary cases, except for the final outcome of the
13     cases.
14         (v) Course materials or research materials used by
15     faculty members.
16         (w) Information related solely to the internal
17     personnel rules and practices of a public body.
18         (x) Information contained in or related to
19     examination, operating, or condition reports prepared by,
20     on behalf of, or for the use of a public body responsible
21     for the regulation or supervision of financial
22     institutions or insurance companies, unless disclosure is
23     otherwise required by State law.
24         (y) Information the disclosure of which is restricted
25     under Section 5-108 of the Public Utilities Act.
26         (z) Manuals or instruction to staff that relate to
27     establishment or collection of liability for any State tax
28     or that relate to investigations by a public body to
29     determine violation of any criminal law.
30         (aa) Applications, related documents, and medical
31     records received by the Experimental Organ Transplantation
32     Procedures Board and any and all documents or other records
33     prepared by the Experimental Organ Transplantation
34     Procedures Board or its staff relating to applications it
35     has received.
36         (bb) Insurance or self insurance (including any



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1     intergovernmental risk management association or self
2     insurance pool) claims, loss or risk management
3     information, records, data, advice or communications.
4         (cc) Information and records held by the Department of
5     Public Health and its authorized representatives relating
6     to known or suspected cases of sexually transmissible
7     disease or any information the disclosure of which is
8     restricted under the Illinois Sexually Transmissible
9     Disease Control Act.
10         (dd) Information the disclosure of which is exempted
11     under Section 30 of the Radon Industry Licensing Act.
12         (ee) Firm performance evaluations under Section 55 of
13     the Architectural, Engineering, and Land Surveying
14     Qualifications Based Selection Act.
15         (ff) Security portions of system safety program plans,
16     investigation reports, surveys, schedules, lists, data, or
17     information compiled, collected, or prepared by or for the
18     Regional Transportation Authority under Section 2.11 of
19     the Regional Transportation Authority Act or the St. Clair
20     County Transit District under the Bi-State Transit Safety
21     Act.
22         (gg) Information the disclosure of which is restricted
23     and exempted under Section 50 of the Illinois Prepaid
24     Tuition Act.
25         (hh) Information the disclosure of which is exempted
26     under the State Officials and Employees Ethics Act.
27         (ii) Beginning July 1, 1999, information that would
28     disclose or might lead to the disclosure of secret or
29     confidential information, codes, algorithms, programs, or
30     private keys intended to be used to create electronic or
31     digital signatures under the Electronic Commerce Security
32     Act.
33         (jj) Information contained in a local emergency energy
34     plan submitted to a municipality in accordance with a local
35     emergency energy plan ordinance that is adopted under
36     Section 11-21.5-5 of the Illinois Municipal Code.



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1         (kk) Information and data concerning the distribution
2     of surcharge moneys collected and remitted by wireless
3     carriers under the Wireless Emergency Telephone Safety
4     Act.
5         (ll) Vulnerability assessments, security measures, and
6     response policies or plans that are designed to identify,
7     prevent, or respond to potential attacks upon a community's
8     population or systems, facilities, or installations, the
9     destruction or contamination of which would constitute a
10     clear and present danger to the health or safety of the
11     community, but only to the extent that disclosure could
12     reasonably be expected to jeopardize the effectiveness of
13     the measures or the safety of the personnel who implement
14     them or the public. Information exempt under this item may
15     include such things as details pertaining to the
16     mobilization or deployment of personnel or equipment, to
17     the operation of communication systems or protocols, or to
18     tactical operations.
19         (mm) Maps and other records regarding the location or
20     security of a utility's generation, transmission,
21     distribution, storage, gathering, treatment, or switching
22     facilities.
23         (nn) Law enforcement officer identification
24     information or driver identification information compiled
25     by a law enforcement agency or the Department of
26     Transportation under Section 11-212 of the Illinois
27     Vehicle Code.
28         (oo) Records and information provided to a residential
29     health care facility resident sexual assault and death
30     review team or the Residential Health Care Facility
31     Resident Sexual Assault and Death Review Teams Executive
32     Council under the Residential Health Care Facility
33     Resident Sexual Assault and Death Review Team Act.
34     (2) This Section does not authorize withholding of
35 information or limit the availability of records to the public,
36 except as stated in this Section or otherwise provided in this



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1 Act.
2 (Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281,
3 eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43,
4 eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03;
5 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff.
6 8-21-03; 93-617, eff. 12-9-03.)
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.