Illinois General Assembly - Full Text of HB0047
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Full Text of HB0047  96th General Assembly

HB0047eng 96TH GENERAL ASSEMBLY



 


 
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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     (Text of Section before amendment by P.A. 95-988)
8     Sec. 7. Exemptions.
9     (1) The following shall be exempt from inspection and
10 copying:
11         (a) Information specifically prohibited from
12     disclosure by federal or State law or rules and regulations
13     adopted under federal or State law.
14         (b) Information that, if disclosed, would constitute a
15     clearly unwarranted invasion of personal privacy, unless
16     the disclosure is consented to in writing by the individual
17     subjects of the information. The disclosure of information
18     that bears on the public duties of public employees and
19     officials shall not be considered an invasion of personal
20     privacy. Information exempted under this subsection (b)
21     shall include but is not limited to:
22             (i) files and personal information maintained with
23         respect to clients, patients, residents, students or

 

 

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1         other individuals receiving social, medical,
2         educational, vocational, financial, supervisory or
3         custodial care or services directly or indirectly from
4         federal agencies or public bodies;
5             (ii) personnel files and personal information
6         maintained with respect to employees, appointees or
7         elected officials of any public body or applicants for
8         those positions;
9             (iii) files and personal information maintained
10         with respect to any applicant, registrant or licensee
11         by any public body cooperating with or engaged in
12         professional or occupational registration, licensure
13         or discipline;
14             (iv) information required of any taxpayer in
15         connection with the assessment or collection of any tax
16         unless disclosure is otherwise required by State
17         statute;
18             (v) information revealing the identity of persons
19         who file complaints with or provide information to
20         administrative, investigative, law enforcement or
21         penal agencies; provided, however, that identification
22         of witnesses to traffic accidents, traffic accident
23         reports, and rescue reports may be provided by agencies
24         of local government, except in a case for which a
25         criminal investigation is ongoing, without
26         constituting a clearly unwarranted per se invasion of

 

 

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1         personal privacy under this subsection; and
2             (vi) the names, addresses, or other personal
3         information of participants and registrants in park
4         district, forest preserve district, and conservation
5         district programs.
6         (b-5) Files, documents, and other data or databases
7     maintained by one or more law enforcement agencies and
8     specifically designed to provide information to one or more
9     law enforcement agencies regarding the physical or mental
10     status of one or more individual subjects. For the purposes
11     of this paragraph (b-5), "physical or mental status" means
12     (i) any physical or mental disability, defect, or malady
13     that would or could present a danger to a responding law
14     enforcement officer or to the general public or (ii) any
15     physical or mental disability, defect, or malady that a
16     responding law enforcement officer should be aware of for
17     the safety of the officer or for the safety of the
18     individual subject.
19         (c) Records compiled by any public body for
20     administrative enforcement proceedings and any law
21     enforcement or correctional agency for law enforcement
22     purposes or for internal matters of a public body, but only
23     to the extent that disclosure would:
24             (i) interfere with pending or actually and
25         reasonably contemplated law enforcement proceedings
26         conducted by any law enforcement or correctional

 

 

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1         agency;
2             (ii) interfere with pending administrative
3         enforcement proceedings conducted by any public 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 investigative
10         techniques other than those generally used and known or
11         disclose internal documents of correctional agencies
12         related to detection, observation or investigation of
13         incidents of crime or misconduct;
14             (vi) constitute an invasion of personal privacy
15         under subsection (b) of this Section;
16             (vii) endanger the life or physical safety of law
17         enforcement personnel or any other person; or
18             (viii) obstruct an ongoing criminal investigation.
19         (d) Criminal history record information maintained by
20     State or local criminal justice agencies, except the
21     following which shall be open for public inspection and
22     copying:
23             (i) chronologically maintained arrest information,
24         such as traditional arrest logs or blotters;
25             (ii) the name of a person in the custody of a law
26         enforcement agency and the charges for which that

 

 

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1         person is being held;
2             (iii) court records that are public;
3             (iv) records that are otherwise available under
4         State or local law; or
5             (v) records in which the requesting party is the
6         individual identified, except as provided under part
7         (vii) of paragraph (c) of subsection (1) of this
8         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 the
16     nature of any disposition arising therefrom, including
17     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 of
24     correctional institutions and detention facilities.
25         (f) Preliminary drafts, notes, recommendations,
26     memoranda and other records in which opinions are

 

 

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1     expressed, or policies or actions are formulated, except
2     that a specific record or relevant portion of a record
3     shall not be exempt when the record is publicly cited and
4     identified by the head of the public body. The exemption
5     provided in this paragraph (f) extends to all those records
6     of officers and agencies of the General Assembly that
7     pertain to the preparation of legislative documents.
8         (g) Trade secrets and commercial or financial
9     information obtained from a person or business where the
10     trade secrets or information are proprietary, privileged
11     or confidential, or where disclosure of the trade secrets
12     or information may cause competitive harm, including:
13             (i) All information determined to be confidential
14         under Section 4002 of the Technology Advancement and
15         Development Act.
16             (ii) All trade secrets and commercial or financial
17         information obtained by a public body, including a
18         public pension fund, from a private equity fund or a
19         privately held company within the investment portfolio
20         of a private equity fund as a result of either
21         investing or evaluating a potential investment of
22         public funds in a private equity fund. The exemption
23         contained in this item does not apply to the aggregate
24         financial performance information of a private equity
25         fund, nor to the identity of the fund's managers or
26         general partners. The exemption contained in this item

 

 

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

 

 

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1     data used to administer an academic examination or
2     determined the qualifications of an applicant for a license
3     or employment.
4         (k) Architects' plans, engineers' technical
5     submissions, and other construction related technical
6     documents for projects not constructed or developed in
7     whole or in part with public funds and the same for
8     projects constructed or developed with public funds, but
9     only to the extent that disclosure would compromise
10     security, including but not limited to water treatment
11     facilities, airport facilities, sport stadiums, convention
12     centers, and all government owned, operated, or occupied
13     buildings.
14         (l) Library circulation and order records identifying
15     library users with specific materials.
16         (m) Minutes of meetings of public bodies closed to the
17     public as provided in the Open Meetings Act until the
18     public body makes the minutes available to the public under
19     Section 2.06 of the Open Meetings Act.
20         (n) Communications between a public body and an
21     attorney or auditor representing the public body that would
22     not be subject to discovery in litigation, and materials
23     prepared or compiled by or for a public body in
24     anticipation of a criminal, civil or administrative
25     proceeding upon the request of an attorney advising the
26     public body, and materials prepared or compiled with

 

 

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1     respect to internal audits of public bodies.
2         (o) Information received by a primary or secondary
3     school, college or university under its procedures for the
4     evaluation of faculty members by their academic peers.
5         (p) Administrative or technical information associated
6     with automated data processing operations, including but
7     not limited to software, operating protocols, computer
8     program abstracts, file layouts, source listings, object
9     modules, load modules, user guides, documentation
10     pertaining to all logical and physical design of
11     computerized systems, employee manuals, and any other
12     information that, if disclosed, would jeopardize the
13     security of the system or its data or the security of
14     materials exempt under this Section.
15         (q) Documents or materials relating to collective
16     negotiating matters between public bodies and their
17     employees or representatives, except that any final
18     contract or agreement shall be subject to inspection and
19     copying.
20         (r) Drafts, notes, recommendations and memoranda
21     pertaining to the financing and marketing transactions of
22     the public body. The records of ownership, registration,
23     transfer, and exchange of municipal debt obligations, and
24     of persons to whom payment with respect to these
25     obligations is made.
26         (s) The records, documents and information relating to

 

 

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1     real estate purchase negotiations until those negotiations
2     have been completed or otherwise terminated. With regard to
3     a parcel involved in a pending or actually and reasonably
4     contemplated eminent domain proceeding under the Eminent
5     Domain Act, records, documents and information relating to
6     that parcel shall be exempt except as may be allowed under
7     discovery rules adopted by the Illinois Supreme Court. The
8     records, documents and information relating to a real
9     estate sale shall be exempt until a sale is consummated.
10         (t) Any and all proprietary information and records
11     related to the operation of an intergovernmental risk
12     management association or self-insurance pool or jointly
13     self-administered health and accident cooperative or pool.
14         (u) Information concerning a university's adjudication
15     of student or employee grievance or disciplinary cases, to
16     the extent that disclosure would reveal the identity of the
17     student or employee and information concerning any public
18     body's adjudication of student or employee grievances or
19     disciplinary cases, except for the final outcome of the
20     cases.
21         (v) Course materials or research materials used by
22     faculty members.
23         (w) Information related solely to the internal
24     personnel rules and practices of a public body.
25         (x) 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         (y) Information the disclosure of which is restricted
6     under Section 5-108 of the Public Utilities Act.
7         (z) Manuals or instruction to staff that relate to
8     establishment or collection of liability for any State tax
9     or that relate to investigations by a public body to
10     determine violation of any criminal law.
11         (aa) Applications, related documents, and medical
12     records received by the Experimental Organ Transplantation
13     Procedures Board and any and all documents or other records
14     prepared by the Experimental Organ Transplantation
15     Procedures Board or its staff relating to applications it
16     has received.
17         (bb) Insurance or self insurance (including any
18     intergovernmental risk management association or self
19     insurance pool) claims, loss or risk management
20     information, records, data, advice or communications.
21         (cc) Information and records held by the Department of
22     Public Health and its authorized representatives relating
23     to known or suspected cases of sexually transmissible
24     disease or any information the disclosure of which is
25     restricted under the Illinois Sexually Transmissible
26     Disease Control Act.

 

 

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1         (dd) Information the disclosure of which is exempted
2     under Section 30 of the Radon Industry Licensing Act.
3         (ee) Firm performance evaluations under Section 55 of
4     the Architectural, Engineering, and Land Surveying
5     Qualifications Based Selection Act.
6         (ff) Security portions of system safety program plans,
7     investigation reports, surveys, schedules, lists, data, or
8     information compiled, collected, or prepared by or for the
9     Regional Transportation Authority under Section 2.11 of
10     the Regional Transportation Authority Act or the St. Clair
11     County Transit District under the Bi-State Transit Safety
12     Act.
13         (gg) Information the disclosure of which is restricted
14     and exempted under Section 50 of the Illinois Prepaid
15     Tuition Act.
16         (hh) Information the disclosure of which is exempted
17     under the State Officials and Employees Ethics Act.
18         (ii) Beginning July 1, 1999, information that would
19     disclose or might lead to the disclosure of secret or
20     confidential information, codes, algorithms, programs, or
21     private keys intended to be used to create electronic or
22     digital signatures under the Electronic Commerce Security
23     Act.
24         (jj) Information contained in a local emergency energy
25     plan submitted to a municipality in accordance with a local
26     emergency energy plan ordinance that is adopted under

 

 

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1     Section 11-21.5-5 of the Illinois Municipal Code.
2         (kk) Information and data concerning the distribution
3     of surcharge moneys collected and remitted by wireless
4     carriers under the Wireless Emergency Telephone Safety
5     Act.
6         (ll) Vulnerability assessments, security measures, and
7     response policies or plans that are designed to identify,
8     prevent, or respond to potential attacks upon a community's
9     population or systems, facilities, or installations, the
10     destruction or contamination of which would constitute a
11     clear and present danger to the health or safety of the
12     community, but only to the extent that disclosure could
13     reasonably be expected to jeopardize the effectiveness of
14     the measures or the safety of the personnel who implement
15     them or the public. Information exempt under this item may
16     include such things as details pertaining to the
17     mobilization or deployment of personnel or equipment, to
18     the operation of communication systems or protocols, or to
19     tactical operations.
20         (mm) Maps and other records regarding the location or
21     security of generation, transmission, distribution,
22     storage, gathering, treatment, or switching facilities
23     owned by a utility or by the Illinois Power Agency.
24         (nn) Law enforcement officer identification
25     information or driver identification information compiled
26     by a law enforcement agency or the Department of

 

 

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1     Transportation under Section 11-212 of the Illinois
2     Vehicle Code.
3         (oo) Records and information provided to a residential
4     health care facility resident sexual assault and death
5     review team or the Executive Council under the Abuse
6     Prevention Review Team Act.
7         (pp) Information provided to the predatory lending
8     database created pursuant to Article 3 of the Residential
9     Real Property Disclosure Act, except to the extent
10     authorized under that Article.
11         (qq) Defense budgets and petitions for certification
12     of compensation and expenses for court appointed trial
13     counsel as provided under Sections 10 and 15 of the Capital
14     Crimes Litigation Act. This subsection (qq) shall apply
15     until the conclusion of the trial of the case, even if the
16     prosecution chooses not to pursue the death penalty prior
17     to trial or sentencing.
18         (rr) Information contained in or related to proposals,
19     bids, or negotiations related to electric power
20     procurement under Section 1-75 of the Illinois Power Agency
21     Act and Section 16-111.5 of the Public Utilities Act that
22     is determined to be confidential and proprietary by the
23     Illinois Power Agency or by the Illinois Commerce
24     Commission.
25         (ss) Information that is prohibited from being
26     disclosed under Section 4 of the Illinois Health and

 

 

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1     Hazardous Substances Registry Act.
2     (2) This Section does not authorize withholding of
3 information or limit the availability of records to the public,
4 except as stated in this Section or otherwise provided in this
5 Act.
6 (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664,
7 eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
8 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.
9 8-28-07; 95-941, eff. 8-29-08.)
 
10     (Text of Section after amendment by P.A. 95-988)
11     Sec. 7. Exemptions.
12     (1) The following shall be exempt from inspection and
13 copying:
14         (a) Information specifically prohibited from
15     disclosure by federal or State law or rules and regulations
16     adopted under federal or State law.
17         (b) Information that, if disclosed, would constitute a
18     clearly unwarranted invasion of personal privacy, unless
19     the disclosure is consented to in writing by the individual
20     subjects of the information. The disclosure of information
21     that bears on the public duties of public employees and
22     officials shall not be considered an invasion of personal
23     privacy. Information exempted under this subsection (b)
24     shall include but is not limited to:
25             (i) files and personal information maintained with

 

 

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1         respect to clients, patients, residents, students or
2         other individuals receiving social, medical,
3         educational, vocational, financial, supervisory or
4         custodial care or services directly or indirectly from
5         federal agencies or public bodies;
6             (ii) personnel files and personal information
7         maintained with respect to employees, appointees or
8         elected officials of any public body or applicants for
9         those positions;
10             (iii) files and personal information maintained
11         with respect to any applicant, registrant or licensee
12         by any public body cooperating with or engaged in
13         professional or occupational registration, licensure
14         or discipline;
15             (iv) information required of any taxpayer in
16         connection with the assessment or collection of any tax
17         unless disclosure is otherwise required by State
18         statute;
19             (v) information revealing the identity of persons
20         who file complaints with or provide information to
21         administrative, investigative, law enforcement or
22         penal agencies; provided, however, that identification
23         of witnesses to traffic accidents, traffic accident
24         reports, and rescue reports may be provided by agencies
25         of local government, except in a case for which a
26         criminal investigation is ongoing, without

 

 

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1         constituting a clearly unwarranted per se invasion of
2         personal privacy under this subsection;
3             (vi) the names, addresses, or other personal
4         information of participants and registrants in park
5         district, forest preserve district, and conservation
6         district programs; and
7             (vii) the Notarial Record or other medium
8         containing the thumbprint or fingerprint required by
9         Section 3-102(c)(6) of the Illinois Notary Public Act.
10         (b-5) Files, documents, and other data or databases
11     maintained by one or more law enforcement agencies and
12     specifically designed to provide information to one or more
13     law enforcement agencies regarding the physical or mental
14     status of one or more individual subjects. For the purposes
15     of this paragraph (b-5), "physical or mental status" means
16     (i) any physical or mental disability, defect, or malady
17     that would or could present a danger to a responding law
18     enforcement officer or to the general public or (ii) any
19     physical or mental disability, defect, or malady that a
20     responding law enforcement officer should be aware of for
21     the safety of the officer or for the safety of the
22     individual subject.
23         (c) Records compiled by any public body for
24     administrative enforcement proceedings and any law
25     enforcement or correctional agency for law enforcement
26     purposes or for internal matters of a public body, but only

 

 

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1     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 body;
8             (iii) deprive a person of a fair trial or an
9         impartial hearing;
10             (iv) unavoidably disclose the identity of a
11         confidential source or confidential information
12         furnished only by the confidential source;
13             (v) disclose unique or specialized investigative
14         techniques other than those generally used and known or
15         disclose internal documents of correctional agencies
16         related to detection, observation or investigation of
17         incidents of crime or misconduct;
18             (vi) constitute an invasion of personal privacy
19         under subsection (b) of this Section;
20             (vii) endanger the life or physical safety of law
21         enforcement personnel or any other person; or
22             (viii) obstruct an ongoing criminal investigation.
23         (d) Criminal history record information maintained by
24     State or local criminal justice agencies, except the
25     following which shall be open for public inspection and
26     copying:

 

 

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1             (i) chronologically maintained arrest information,
2         such as traditional arrest logs or blotters;
3             (ii) the name of a person in the custody of a law
4         enforcement agency and the charges for which that
5         person is being held;
6             (iii) court records that are public;
7             (iv) records that are otherwise available under
8         State or local law; or
9             (v) records in which the requesting party is the
10         individual identified, except as provided under part
11         (vii) of paragraph (c) of subsection (1) of this
12         Section.
13         "Criminal history record information" means data
14     identifiable to an individual and consisting of
15     descriptions or notations of arrests, detentions,
16     indictments, informations, pre-trial proceedings, trials,
17     or other formal events in the criminal justice system or
18     descriptions or notations of criminal charges (including
19     criminal violations of local municipal ordinances) and the
20     nature of any disposition arising therefrom, including
21     sentencing, court or correctional supervision,
22     rehabilitation and release. The term does not apply to
23     statistical records and reports in which individuals are
24     not identified and from which their identities are not
25     ascertainable, or to information that is for criminal
26     investigative or intelligence purposes.

 

 

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1         (e) Records that relate to or affect the security of
2     correctional institutions and detention facilities.
3         (f) Preliminary drafts, notes, recommendations,
4     memoranda and other records in which opinions are
5     expressed, or policies or actions are formulated, except
6     that a specific record or relevant portion of a record
7     shall not be exempt when the record is publicly cited and
8     identified by the head of the public body. The exemption
9     provided in this paragraph (f) extends to all those records
10     of officers and agencies of the General Assembly that
11     pertain to the preparation of legislative documents.
12         (g) Trade secrets and commercial or financial
13     information obtained from a person or business where the
14     trade secrets or information are proprietary, privileged
15     or confidential, or where disclosure of the trade secrets
16     or information may cause competitive harm, including:
17             (i) All information determined to be confidential
18         under Section 4002 of the Technology Advancement and
19         Development Act.
20             (ii) All trade secrets and commercial or financial
21         information obtained by a public body, including a
22         public pension fund, from a private equity fund or a
23         privately held company within the investment portfolio
24         of a private equity fund as a result of either
25         investing or evaluating a potential investment of
26         public funds in a private equity fund. The exemption

 

 

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1         contained in this item does not apply to the aggregate
2         financial performance information of a private equity
3         fund, nor to the identity of the fund's managers or
4         general partners. The exemption contained in this item
5         does not apply to the identity of a privately held
6         company within the investment portfolio of a private
7         equity fund, unless the disclosure of the identity of a
8         privately held company may cause competitive harm.
9     Nothing contained in this paragraph (g) shall be construed
10 to prevent a person or business from consenting to disclosure.
11         (h) Proposals and bids for any contract, grant, or
12     agreement, including information which if it were
13     disclosed would frustrate procurement or give an advantage
14     to any person proposing to enter into a contractor
15     agreement with the body, until an award or final selection
16     is made. Information prepared by or for the body in
17     preparation of a bid solicitation shall be exempt until an
18     award or final selection is made.
19         (i) Valuable formulae, computer geographic systems,
20     designs, drawings and research data obtained or produced by
21     any public body when disclosure could reasonably be
22     expected to produce private gain or public loss. The
23     exemption for "computer geographic systems" provided in
24     this paragraph (i) does not extend to requests made by news
25     media as defined in Section 2 of this Act when the
26     requested information is not otherwise exempt and the only

 

 

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1     purpose of the request is to access and disseminate
2     information regarding the health, safety, welfare, or
3     legal rights of the general public.
4         (j) Test questions, scoring keys and other examination
5     data used to administer an academic examination or
6     determined the qualifications of an applicant for a license
7     or employment.
8         (k) Architects' plans, engineers' technical
9     submissions, and other construction related technical
10     documents for projects not constructed or developed in
11     whole or in part with public funds and the same for
12     projects constructed or developed with public funds, but
13     only to the extent that disclosure would compromise
14     security, including but not limited to water treatment
15     facilities, airport facilities, sport stadiums, convention
16     centers, and all government owned, operated, or occupied
17     buildings.
18         (l) Library circulation and order records identifying
19     library users with specific materials.
20         (m) Minutes of meetings of public bodies closed to the
21     public as provided in the Open Meetings Act until the
22     public body makes the minutes available to the public under
23     Section 2.06 of the Open Meetings Act.
24         (n) Communications between a public body and an
25     attorney or auditor representing the public body that would
26     not be subject to discovery in litigation, and materials

 

 

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1     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 the
8     evaluation of faculty members by their academic peers.
9         (p) Administrative or technical information associated
10     with automated data processing operations, including but
11     not limited to software, operating protocols, computer
12     program abstracts, file layouts, source listings, object
13     modules, load modules, user guides, documentation
14     pertaining to all logical and physical design of
15     computerized systems, employee manuals, and any other
16     information that, if disclosed, would jeopardize the
17     security of the system or its data or the security of
18     materials exempt under this Section.
19         (q) Documents or materials relating to collective
20     negotiating matters between public bodies and their
21     employees or representatives, except that any final
22     contract or agreement shall be subject to inspection and
23     copying.
24         (r) Drafts, notes, recommendations and memoranda
25     pertaining to the financing and marketing transactions of
26     the public body. The records of ownership, registration,

 

 

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1     transfer, and exchange of municipal debt obligations, and
2     of persons to whom payment with respect to these
3     obligations is made.
4         (s) The records, documents and information relating to
5     real estate purchase negotiations until those negotiations
6     have been completed or otherwise terminated. With regard to
7     a parcel involved in a pending or actually and reasonably
8     contemplated eminent domain proceeding under the Eminent
9     Domain Act, records, documents and information relating to
10     that parcel shall be exempt except as may be allowed under
11     discovery rules adopted by the Illinois Supreme Court. The
12     records, documents and information relating to a real
13     estate sale shall be exempt until a sale is consummated.
14         (t) Any and all proprietary information and records
15     related to the operation of an intergovernmental risk
16     management association or self-insurance pool or jointly
17     self-administered health and accident cooperative or pool.
18         (u) Information concerning a university's adjudication
19     of student or employee grievance or disciplinary cases, to
20     the extent that disclosure would reveal the identity of the
21     student or employee and information concerning any public
22     body's adjudication of student or employee grievances or
23     disciplinary cases, except for the final outcome of the
24     cases.
25         (v) Course materials or research materials used by
26     faculty members.

 

 

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1         (w) Information related solely to the internal
2     personnel rules and practices of a public body.
3         (x) Information contained in or related to
4     examination, operating, or condition reports prepared by,
5     on behalf of, or for the use of a public body responsible
6     for the regulation or supervision of financial
7     institutions or insurance companies, unless disclosure is
8     otherwise required by State law.
9         (y) Information the disclosure of which is restricted
10     under Section 5-108 of the Public Utilities Act.
11         (z) Manuals or instruction to staff that relate to
12     establishment or collection of liability for any State tax
13     or that relate to investigations by a public body to
14     determine violation of any criminal law.
15         (aa) Applications, related documents, and medical
16     records received by the Experimental Organ Transplantation
17     Procedures Board and any and all documents or other records
18     prepared by the Experimental Organ Transplantation
19     Procedures Board or its staff relating to applications it
20     has received.
21         (bb) 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         (cc) Information and records held by the Department of
26     Public Health and its authorized representatives relating

 

 

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1     to known or suspected cases of sexually transmissible
2     disease or any information the disclosure of which is
3     restricted under the Illinois Sexually Transmissible
4     Disease Control Act.
5         (dd) Information the disclosure of which is exempted
6     under Section 30 of the Radon Industry Licensing Act.
7         (ee) Firm performance evaluations under Section 55 of
8     the Architectural, Engineering, and Land Surveying
9     Qualifications Based Selection Act.
10         (ff) Security portions of system safety program plans,
11     investigation reports, surveys, schedules, lists, data, or
12     information compiled, collected, or prepared by or for the
13     Regional Transportation Authority under Section 2.11 of
14     the Regional Transportation Authority Act or the St. Clair
15     County Transit District under the Bi-State Transit Safety
16     Act.
17         (gg) Information the disclosure of which is restricted
18     and exempted under Section 50 of the Illinois Prepaid
19     Tuition Act.
20         (hh) Information the disclosure of which is exempted
21     under the State Officials and Employees Ethics Act.
22         (ii) Beginning July 1, 1999, information that would
23     disclose or might lead to the disclosure of secret or
24     confidential information, codes, algorithms, programs, or
25     private keys intended to be used to create electronic or
26     digital signatures under the Electronic Commerce Security

 

 

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1     Act.
2         (jj) Information contained in a local emergency energy
3     plan submitted to a municipality in accordance with a local
4     emergency energy plan ordinance that is adopted under
5     Section 11-21.5-5 of the Illinois Municipal Code.
6         (kk) Information and data concerning the distribution
7     of surcharge moneys collected and remitted by wireless
8     carriers under the Wireless Emergency Telephone Safety
9     Act.
10         (ll) 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         (mm) Maps and other records regarding the location or
25     security of generation, transmission, distribution,
26     storage, gathering, treatment, or switching facilities

 

 

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1     owned by a utility or by the Illinois Power Agency.
2         (nn) Law enforcement officer identification
3     information or driver identification information compiled
4     by a law enforcement agency or the Department of
5     Transportation under Section 11-212 of the Illinois
6     Vehicle Code.
7         (oo) Records and information provided to a residential
8     health care facility resident sexual assault and death
9     review team or the Executive Council under the Abuse
10     Prevention Review Team Act.
11         (pp) Information provided to the predatory lending
12     database created pursuant to Article 3 of the Residential
13     Real Property Disclosure Act, except to the extent
14     authorized under that Article.
15         (qq) Defense budgets and petitions for certification
16     of compensation and expenses for court appointed trial
17     counsel as provided under Sections 10 and 15 of the Capital
18     Crimes Litigation Act. This subsection (qq) shall apply
19     until the conclusion of the trial of the case, even if the
20     prosecution chooses not to pursue the death penalty prior
21     to trial or sentencing.
22         (rr) Information contained in or related to proposals,
23     bids, or negotiations related to electric power
24     procurement under Section 1-75 of the Illinois Power Agency
25     Act and Section 16-111.5 of the Public Utilities Act that
26     is determined to be confidential and proprietary by the

 

 

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1     Illinois Power Agency or by the Illinois Commerce
2     Commission.
3         (ss) Information that is prohibited from being
4     disclosed under Section 4 of the Illinois Health and
5     Hazardous Substances Registry Act.
6     (2) This Section does not authorize withholding of
7 information or limit the availability of records to the public,
8 except as stated in this Section or otherwise provided in this
9 Act.
10 (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664,
11 eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
12 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.
13 8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised
14 10-20-08.)
 
15     Section 95. No acceleration or delay. Where this Act makes
16 changes in a statute that is represented in this Act by text
17 that is not yet or no longer in effect (for example, a Section
18 represented by multiple versions), the use of that text does
19 not accelerate or delay the taking effect of (i) the changes
20 made by this Act or (ii) provisions derived from any other
21 Public Act.