093_SB0030sam001

 










                                     LRB093 03751 DRJ 13545 a

 1                     AMENDMENT TO SENATE BILL 30

 2        AMENDMENT NO.     .  Amend Senate  Bill  30  on  page  1,
 3    after line 3, by inserting the following:

 4        "Section 3.  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
 
                            -2-      LRB093 03751 DRJ 13545 a
 1             with  respect  to  clients,   patients,   residents,
 2             students  or  other  individuals  receiving  social,
 3             medical,    educational,    vocational,   financial,
 4             supervisory or custodial care or  services  directly
 5             or   indirectly  from  federal  agencies  or  public
 6             bodies;
 7                  (ii)  personnel files and personal  information
 8             maintained  with respect to employees, appointees or
 9             elected officials of any public body  or  applicants
10             for those positions;
11                  (iii)  files     and    personal    information
12             maintained with respect to any applicant, registrant
13             or licensee by any public body cooperating  with  or
14             engaged     in    professional    or    occupational
15             registration, licensure or discipline;
16                  (iv)  information required of any  taxpayer  in
17             connection  with the assessment or collection of any
18             tax unless disclosure is otherwise required by State
19             statute; and
20                  (v)  information  revealing  the  identity   of
21             persons   who   file   complaints  with  or  provide
22             information to  administrative,  investigative,  law
23             enforcement  or  penal  agencies; provided, however,
24             that  identification   of   witnesses   to   traffic
25             accidents,  traffic  accident  reports,  and  rescue
26             reports   may  be  provided  by  agencies  of  local
27             government, except in a case for  which  a  criminal
28             investigation  is  ongoing,  without  constituting a
29             clearly unwarranted  per  se  invasion  of  personal
30             privacy under this subsection.
31             (c)  Records   compiled   by  any  public  body  for
32        administrative  enforcement  proceedings  and   any   law
33        enforcement  or  correctional  agency for law enforcement
34        purposes or for internal matters of a  public  body,  but
 
                            -3-      LRB093 03751 DRJ 13545 a
 1        only to the extent that disclosure would:
 2                  (i)  interfere  with  pending  or  actually and
 3             reasonably contemplated law enforcement  proceedings
 4             conducted  by  any  law  enforcement or correctional
 5             agency;
 6                  (ii)  interfere  with  pending   administrative
 7             enforcement  proceedings  conducted  by  any  public
 8             body;
 9                  (iii)  deprive  a  person of a fair trial or an
10             impartial hearing;
11                  (iv)  unavoidably disclose the  identity  of  a
12             confidential   source  or  confidential  information
13             furnished only by the confidential source;
14                  (v)  disclose     unique     or     specialized
15             investigative techniques other than those  generally
16             used  and  known  or  disclose internal documents of
17             correctional   agencies   related   to    detection,
18             observation  or  investigation of incidents of crime
19             or misconduct;
20                  (vi)  constitute  an   invasion   of   personal
21             privacy under subsection (b) of this Section;
22                  (vii)  endanger  the life or physical safety of
23             law enforcement personnel or any other person; or
24                  (viii)  obstruct    an     ongoing     criminal
25             investigation.
26             (d)  Criminal  history record information maintained
27        by State or local criminal justice agencies,  except  the
28        following  which  shall be open for public inspection and
29        copying:
30                  (i)  chronologically     maintained      arrest
31             information,  such  as  traditional  arrest  logs or
32             blotters;
33                  (ii)  the name of a person in the custody of  a
34             law  enforcement  agency  and  the charges for which
 
                            -4-      LRB093 03751 DRJ 13545 a
 1             that person is being held;
 2                  (iii)  court records that are public;
 3                  (iv)  records  that  are  otherwise   available
 4             under State or local law; or
 5                  (v)  records  in  which the requesting party is
 6             the individual identified, except as provided  under
 7             part  (vii)  of  paragraph  (c) of subsection (1) of
 8             this Section.
 9             "Criminal history  record  information"  means  data
10        identifiable   to   an   individual   and  consisting  of
11        descriptions  or  notations   of   arrests,   detentions,
12        indictments, informations, pre-trial proceedings, trials,
13        or  other formal events in the criminal justice system or
14        descriptions or notations of criminal charges  (including
15        criminal  violations  of  local municipal ordinances) and
16        the  nature  of  any   disposition   arising   therefrom,
17        including  sentencing, court or correctional supervision,
18        rehabilitation and release.  The term does not  apply  to
19        statistical  records and reports in which individuals are
20        not identified and from which their  identities  are  not
21        ascertainable,  or  to  information  that is for criminal
22        investigative or intelligence purposes.
23             (e)  Records that relate to or affect  the  security
24        of correctional institutions and detention facilities.
25             (f)  Preliminary   drafts,  notes,  recommendations,
26        memoranda  and  other  records  in  which  opinions   are
27        expressed,  or policies or actions are formulated, except
28        that a specific record or relevant portion  of  a  record
29        shall not be exempt when the record is publicly cited and
30        identified  by the head of the public body. The exemption
31        provided in this  paragraph  (f)  extends  to  all  those
32        records  of officers and agencies of the General Assembly
33        that pertain to the preparation of legislative documents.
34             (g)  Trade  secrets  and  commercial  or   financial
 
                            -5-      LRB093 03751 DRJ 13545 a
 1        information  obtained from a person or business where the
 2        trade secrets or information are proprietary,  privileged
 3        or confidential, or where disclosure of the trade secrets
 4        or  information may cause competitive harm, including all
 5        information determined to be confidential  under  Section
 6        4002  of  the Technology Advancement and Development Act.
 7        Nothing  contained  in  this  paragraph  (g)   shall   be
 8        construed to prevent a person or business from consenting
 9        to disclosure.
10             (h)  Proposals  and bids for any contract, grant, or
11        agreement,  including  information  which  if   it   were
12        disclosed   would   frustrate   procurement  or  give  an
13        advantage  to  any  person  proposing  to  enter  into  a
14        contractor agreement with the body,  until  an  award  or
15        final  selection is made.  Information prepared by or for
16        the body in preparation of a bid  solicitation  shall  be
17        exempt until an award or final selection is made.
18             (i)  Valuable formulae, computer geographic systems,
19        designs,  drawings and research data obtained or produced
20        by any public body when disclosure  could  reasonably  be
21        expected to produce private gain or public loss.
22             (j)  Test   questions,   scoring   keys   and  other
23        examination  data  used   to   administer   an   academic
24        examination   or  determined  the  qualifications  of  an
25        applicant for a license or employment.
26             (k)  Architects'  plans  and  engineers'   technical
27        submissions  for projects not constructed or developed in
28        whole or in part  with  public  funds  and  for  projects
29        constructed or developed with public funds, to the extent
30        that disclosure would compromise security.
31             (l)  Library    circulation    and   order   records
32        identifying library users with specific materials.
33             (m)  Minutes of meetings of public bodies closed  to
34        the public as provided in the Open Meetings Act until the
 
                            -6-      LRB093 03751 DRJ 13545 a
 1        public  body  makes  the  minutes available to the public
 2        under Section 2.06 of the Open Meetings Act.
 3             (n)  Communications between a  public  body  and  an
 4        attorney  or  auditor  representing  the public body that
 5        would not be subject  to  discovery  in  litigation,  and
 6        materials 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             (o)  Information  received by a primary or secondary
12        school, college or university under  its  procedures  for
13        the  evaluation  of  faculty  members  by  their academic
14        peers.
15             (p)  Administrative   or    technical    information
16        associated  with  automated  data  processing operations,
17        including  but  not  limited   to   software,   operating
18        protocols,  computer  program  abstracts,  file  layouts,
19        source  listings,  object  modules,  load  modules,  user
20        guides,  documentation  pertaining  to  all  logical  and
21        physical   design   of   computerized  systems,  employee
22        manuals, and any other information  that,  if  disclosed,
23        would  jeopardize  the security of the system or its data
24        or the security of materials exempt under this Section.
25             (q)  Documents or materials relating  to  collective
26        negotiating  matters  between  public  bodies  and  their
27        employees  or  representatives,  except  that  any  final
28        contract  or agreement shall be subject to inspection and
29        copying.
30             (r)  Drafts, notes,  recommendations  and  memoranda
31        pertaining to the financing and marketing transactions of
32        the  public body. The records of ownership, registration,
33        transfer, and exchange of municipal debt obligations, and
34        of  persons  to  whom  payment  with  respect  to   these
 
                            -7-      LRB093 03751 DRJ 13545 a
 1        obligations is made.
 2             (s)  The records, documents and information relating
 3        to   real   estate   purchase  negotiations  until  those
 4        negotiations have been completed or otherwise terminated.
 5        With regard to a parcel involved in a pending or actually
 6        and reasonably  contemplated  eminent  domain  proceeding
 7        under  Article  VII  of  the  Code  of  Civil  Procedure,
 8        records,  documents  and  information  relating  to  that
 9        parcel  shall  be  exempt  except as may be allowed under
10        discovery rules adopted by the  Illinois  Supreme  Court.
11        The records, documents and information relating to a real
12        estate sale shall be exempt until a sale is consummated.
13             (t)  Any and all proprietary information and records
14        related  to  the  operation  of an intergovernmental risk
15        management association or self-insurance pool or  jointly
16        self-administered  health  and  accident  cooperative  or
17        pool.
18             (u)  Information     concerning    a    university's
19        adjudication  of  student  or   employee   grievance   or
20        disciplinary  cases,  to the extent that disclosure would
21        reveal the  identity  of  the  student  or  employee  and
22        information  concerning any public body's adjudication of
23        student or employee  grievances  or  disciplinary  cases,
24        except for the final outcome of the cases.
25             (v)  Course  materials or research materials used by
26        faculty members.
27             (w)  Information  related  solely  to  the  internal
28        personnel rules and practices of a public body.
29             (x)  Information  contained   in   or   related   to
30        examination, operating, or condition reports prepared by,
31        on behalf of, or for the use of a public body responsible
32        for   the   regulation   or   supervision   of  financial
33        institutions or insurance companies, unless disclosure is
34        otherwise required by State law.
 
                            -8-      LRB093 03751 DRJ 13545 a
 1             (y)  Information  the   disclosure   of   which   is
 2        restricted  under  Section  5-108 of the Public Utilities
 3        Act.
 4             (z)  Manuals or instruction to staff that relate  to
 5        establishment  or  collection  of liability for any State
 6        tax or that relate to investigations by a public body  to
 7        determine violation of any criminal law.
 8             (aa)  Applications,  related  documents, and medical
 9        records    received    by    the    Experimental    Organ
10        Transplantation  Procedures  Board  and   any   and   all
11        documents  or  other records prepared by the Experimental
12        Organ  Transplantation  Procedures  Board  or  its  staff
13        relating to applications it has received.
14             (bb)  Insurance or  self  insurance  (including  any
15        intergovernmental  risk  management  association  or self
16        insurance  pool)  claims,   loss   or   risk   management
17        information, records, data, advice or communications.
18             (cc)  Information and records held by the Department
19        of  Public  Health  and  its  authorized  representatives
20        relating   to   known  or  suspected  cases  of  sexually
21        transmissible disease or any information  the  disclosure
22        of  which  is  restricted  under  the  Illinois  Sexually
23        Transmissible Disease Control Act.
24             (dd)  Information   the   disclosure   of  which  is
25        exempted under Section 30 of the Radon Industry Licensing
26        Act.
27             (ee)  Firm performance evaluations under Section  55
28        of  the  Architectural,  Engineering,  and Land Surveying
29        Qualifications Based Selection Act.
30             (ff)  Security portions  of  system  safety  program
31        plans,  investigation reports, surveys, schedules, lists,
32        data, or information compiled, collected, or prepared  by
33        or   for  the  Regional  Transportation  Authority  under
34        Section 2.11 of the Regional Transportation Authority Act
 
                            -9-      LRB093 03751 DRJ 13545 a
 1        or the  St.  Clair  County  Transit  District  under  the
 2        Bi-State Transit Safety Act.
 3             (gg)  Information   the   disclosure   of  which  is
 4        restricted and exempted under Section 50 of the  Illinois
 5        Prepaid Tuition Act.
 6             (hh)  Information   the   disclosure   of  which  is
 7        exempted under Section 80 of the State Gift Ban Act.
 8             (ii)  Beginning July 1, 1999, information that would
 9        disclose or might lead to the  disclosure  of  secret  or
10        confidential information, codes, algorithms, programs, or
11        private  keys intended to be used to create electronic or
12        digital signatures under the Electronic Commerce Security
13        Act.
14             (jj)  Information contained  in  a  local  emergency
15        energy  plan  submitted  to  a municipality in accordance
16        with a local emergency  energy  plan  ordinance  that  is
17        adopted under Section 11-21.5-5 of the Illinois Municipal
18        Code.
19             (kk)  Information    and    data    concerning   the
20        distribution of surcharge moneys collected  and  remitted
21        by   wireless   carriers  under  the  Wireless  Emergency
22        Telephone Safety Act.
23             (ll)  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        (2)  This  Section  does  not  authorize  withholding  of
29    information or limit  the  availability  of  records  to  the
30    public,  except  as  stated  in  this  Section  or  otherwise
31    provided in this Act.
32    (Source:  P.A.  91-137,  eff.  7-16-99; 91-357, eff. 7-29-99;
33    91-660, eff. 12-22-99;  92-16,  eff.  6-28-01;  92-241,  eff.
34    8-3-01;  92-281,  eff.  8-7-01; 92-645, eff. 7-11-02; 92-651,
 
                            -10-     LRB093 03751 DRJ 13545 a
 1    eff. 7-11-02.)"; and

 2    by replacing lines 15 through 32 on page 4, all  of  page  5,
 3    and lines 1 through 21 on page 6 with the following:

 4        "Section  15.  The  Illinois  Vehicle  Code is amended by
 5    adding Section 11-212 as follows:

 6        (625 ILCS 5/11-212 new)
 7        Sec. 11-212.  Traffic stop statistical study.
 8        (a)  From  January  1,  2004  until  December  31,  2007,
 9    whenever a State or local law enforcement  officer  issues  a
10    uniform  traffic  citation or warning citation for an alleged
11    violation of the Illinois  Vehicle  Code,  he  or  she  shall
12    record at least the following:
13             (1)  the  name,  address,  gender, and the officer's
14        subjective  determination  of  the  race  of  the  person
15        stopped; the person's race shall  be  selected  from  the
16        following  list:  Caucasian,  African-American, Hispanic,
17        Native American/Alaska Native, or Asian/Pacific Islander;
18             (2)  the alleged traffic violation that led  to  the
19        stop of the motorist;
20             (3)  the make and year of the vehicle stopped;
21             (4)  the date and time of the stop;
22             (5)  the location of the traffic stop;
23             (6)  whether  or not a search contemporaneous to the
24        stop was conducted of the vehicle, driver, passenger,  or
25        passengers; and, if so, whether it was with consent or by
26        other means; and
27             (7)  the  name  and  badge  number  of  the  issuing
28        officer.
29        (b)  From  January  1,  2004  until  December  31,  2007,
30    whenever  a  State  or  local law enforcement officer stops a
31    motorist for an alleged violation  of  the  Illinois  Vehicle
32    Code and does not issue a uniform traffic citation or warning
 
                            -11-     LRB093 03751 DRJ 13545 a
 1    citation  for  an  alleged  violation of the Illinois Vehicle
 2    Code, he or she shall complete a  uniform  stop  card,  which
 3    includes  field  contact  cards,  or  any other existing form
 4    currently used  by  law  enforcement  containing  information
 5    required  pursuant  to  this  Act,  that records at least the
 6    following:
 7             (1)  the name, address, gender,  and  the  officer's
 8        subjective  determination  of  the  race  of  the  person
 9        stopped;  the  person's  race  shall be selected from the
10        following list:  Caucasian,  African-American,  Hispanic,
11        Native American/Alaska Native, or Asian/Pacific Islander;
12             (2)  the   reason  that  led  to  the  stop  of  the
13        motorist;
14             (3)  the make and year of the vehicle stopped;
15             (4)  the date and time of the stop;
16             (5)  the location of the traffic stop;
17             (6)  whether or not a search contemporaneous to  the
18        stop  was conducted of the vehicle, driver, passenger, or
19        passengers; and, if so, whether it was with consent or by
20        other means; and
21             (7)  the  name  and  badge  number  of  the  issuing
22        officer.
23        (c)  Every  law  enforcement  agency  shall  collect  and
24    transmit the data as described in subsections (a) and (b)  to
25    the  Illinois  Department of Transportation, in such a manner
26    and at such times as the Department may require.
27        (d)  The  Illinois  Department  of  Transportation  shall
28    analyze  the  data  provided  by  law  enforcement   agencies
29    required  by this Section and submit a report of the findings
30    to  the  Governor,  the  General  Assembly,  and   each   law
31    enforcement agency no later than March 1 in each of the years
32    2005,  2006,  2007,  and  2008.  The  Illinois  Department of
33    Transportation may contract with an outside  entity  for  the
34    analysis   of  the  data  provided.  In  analyzing  the  data
 
                            -12-     LRB093 03751 DRJ 13545 a
 1    collected under this  Section,  the  analyzing  entity  shall
 2    scrutinize the data for evidence of statistically significant
 3    aberrations.  The  following list, which is illustrative, and
 4    not  exclusive,  contains  examples   of   areas   in   which
 5    statistically significant aberrations may be found:
 6             (1)  The   percentage   of   minority   drivers   or
 7        passengers being stopped in a given area is substantially
 8        higher  than  the proportion of the overall population in
 9        or  traveling  through  the  area   that   the   minority
10        constitutes.
11             (2)  A  substantial  number of false stops including
12        stops not resulting in the issuance of a  traffic  ticket
13        or the making of an arrest.
14             (3)  A disparity between the proportion of citations
15        issued  to minorities and proportion of minorities in the
16        population.
17             (4)  A disparity among the officers of the same  law
18        enforcement  agency with regard to the number of minority
19        drivers or passengers being stopped in a given area.
20             (5)  A disparity between the frequency  of  searches
21        performed  on  minority  drivers  and  the  frequency  of
22        searches performed on non-minority drivers.
23        (e)  Any    law    enforcement   officer   identification
24    information or  driver  identification  information  that  is
25    compiled  by  any  law  enforcement  agency  or  the Illinois
26    Department of Transportation pursuant to  this  Act  for  the
27    purposes of fulfilling the requirements of this Section shall
28    be   confidential  and  exempt  from  public  inspection  and
29    copying, as provided  under  Section  7  of  the  Freedom  of
30    Information Act, and the information shall not be transmitted
31    to  anyone except as needed to comply with this Section. This
32    Section shall not exempt those materials that, prior  to  the
33    effective  date  of  this  amendatory Act of the 93rd General
34    Assembly, were available under  the  Freedom  of  Information
 
                            -13-     LRB093 03751 DRJ 13545 a
 1    Act.
 2        (f)  Funding  to  implement  this Section shall come from
 3    federal  funds  available  to  Illinois  or  from  State  and
 4    community grants or highway safety grants, as directed by the
 5    Governor.".