Full Text of HB1370 96th General Assembly
HB1370ham001 96TH GENERAL ASSEMBLY
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Rep. Barbara Flynn Currie
Filed: 3/4/2009
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| AMENDMENT TO HOUSE BILL 1370
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| AMENDMENT NO. ______. Amend House Bill 1370 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Freedom of Information Act is amended by | 5 |
| changing Sections 1, 2, 3, 4, 6, 7, 9, and 11 and by adding | 6 |
| Sections 1.2, 1.3, 1.4, 3.5, 7.5, and 11.5 as follows:
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| (5 ILCS 140/1) (from Ch. 116, par. 201)
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| Sec. 1.
Pursuant to the fundamental philosophy of the | 9 |
| American constitutional
form of government, it is declared to | 10 |
| be the public policy of the State of
Illinois that all persons | 11 |
| are entitled to full and complete information
regarding the | 12 |
| affairs of government and the official acts and policies of
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| those who represent them as public officials and public | 14 |
| employees consistent
with the terms of this Act. Such access is | 15 |
| necessary to enable the people
to fulfill their duties of | 16 |
| discussing public issues fully and freely, making
informed |
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| political judgments and monitoring government to ensure that it
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| is being conducted in the public interest.
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| The General Assembly hereby declares that it is the public | 4 |
| policy of the State of Illinois that access by all persons to | 5 |
| public records promotes the transparency and accountability of | 6 |
| public bodies at all levels of government. It is a fundamental | 7 |
| obligation of government to operate openly so that the public | 8 |
| may scrutinize all public actions. This Act is not intended to | 9 |
| be used to violate individual privacy, nor
for the purpose of | 10 |
| furthering a commercial enterprise, or to disrupt the
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| duly-undertaken work of any public body independent of the | 12 |
| fulfillment of
any of the fore-mentioned rights of the people | 13 |
| to access to information.
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| This Act is not intended to create an obligation on the | 15 |
| part of any public
body to maintain or prepare any public | 16 |
| record which was not maintained or
prepared by such public body | 17 |
| at the time when this Act becomes effective,
except as | 18 |
| otherwise required by applicable local, State or federal law.
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| Restraints These restraints on access to information , to | 20 |
| the extent permitted by this Act, are access should be seen as | 21 |
| limited exceptions
to the principle general rule that the | 22 |
| people of this State have a right to full disclosure of | 23 |
| information relating to know the decisions,
policies, | 24 |
| procedures, rules, standards, and other aspects of government
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| activity that affect the conduct of government and the lives of | 26 |
| any or all
of the people. The provisions of this Act shall be |
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| construed in accordance with these principles to this end .
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| The General Assembly recognizes that this Act imposes | 3 |
| fiscal obligations on public bodies to provide adequate staff | 4 |
| and equipment to comply with its requirements. The General | 5 |
| Assembly declares that providing records in compliance with the | 6 |
| requirements of this Act is a primary duty of public bodies to | 7 |
| the people of this State, and this Act should be construed to | 8 |
| this end, fiscal obligations notwithstanding. | 9 |
| The General Assembly further recognizes that technology | 10 |
| may advance at a rate that outpaces its ability to address | 11 |
| those advances legislatively. To the extent that this Act may | 12 |
| not expressly apply to those technological advances, this Act | 13 |
| should nonetheless be interpreted to further the declared | 14 |
| policy of this Act that public records in any form or format | 15 |
| shall be made available upon request except when denial of | 16 |
| access furthers the public policy underlying a specific | 17 |
| exemption. | 18 |
| This Act shall be the exclusive State statute on freedom of | 19 |
| information,
except to the extent that other State statutes | 20 |
| might create additional restrictions
on disclosure of | 21 |
| information or other laws in Illinois might create additional
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| obligations for disclosure of information to the public.
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| (Source: P.A. 83-1013.)
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| (5 ILCS 140/1.2 new) | 25 |
| Sec. 1.2. Presumption. All records in the custody or |
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| possession of a public body are presumed to be open to | 2 |
| inspection or copying. Any public body that asserts that a | 3 |
| record is exempt from disclosure has the burden of proving that | 4 |
| it is exempt by clear and convincing evidence. | 5 |
| (5 ILCS 140/1.3 new) | 6 |
| Sec. 1.3. Records of funds. All records relating to the | 7 |
| obligation, receipt, and use of public funds of the State, | 8 |
| units of local government, and school districts are public | 9 |
| records available for inspection by the public pursuant to this | 10 |
| Act. | 11 |
| (5 ILCS 140/1.4 new) | 12 |
| Sec. 1.4. Payrolls. Certified payroll records submitted to | 13 |
| a public body under Section 6(a)(2) of the Prevailing Wage Act | 14 |
| are public records subject to inspection and copying in | 15 |
| accordance with the provisions of this Act; except that that | 16 |
| contractors' employees' addresses, telephone numbers, and | 17 |
| social security numbers must be redacted by the public body | 18 |
| prior to disclosure.
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| (5 ILCS 140/2) (from Ch. 116, par. 202)
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| Sec. 2. Definitions. As used in this Act:
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| (a) "Public body" means all any legislative,
executive, | 22 |
| administrative, or advisory bodies of the State, state | 23 |
| universities
and colleges, counties, townships, cities, |
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| villages, incorporated towns,
school districts and all other | 2 |
| municipal corporations,
boards, bureaus, committees, or | 3 |
| commissions of this State, any
subsidiary
bodies of any of the | 4 |
| foregoing including but not limited to committees and
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| subcommittees thereof which are supported in whole or in part | 6 |
| by tax revenue, or
which expend tax revenue , and a School | 7 |
| Finance Authority created under
Article 1E of the School Code.
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| "Public body" also means all elected or appointed officers of | 9 |
| the State, State universities and colleges, counties, | 10 |
| townships, cities, villages, incorporated towns, school | 11 |
| districts, and all other municipal corporations, officers of | 12 |
| any subsidiary bodies of any of the foregoing, and officers of | 13 |
| any School Finance Authority created under Article 1E of the | 14 |
| School Code. "Public body" does not include a child death | 15 |
| review team
or the Illinois Child Death Review Teams
Executive | 16 |
| Council
established under
the Child Death Review Team Act.
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| (b) "Person" means any individual, corporation, | 18 |
| partnership, firm,
organization
or association, acting | 19 |
| individually or as a group.
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| (c) "Public records" means all records, reports, forms, | 21 |
| writings, letters,
memoranda, books, papers, maps, | 22 |
| photographs, microfilms, cards, tapes,
recordings,
electronic | 23 |
| data processing records, recorded information and all other
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| documentary
materials, regardless of physical form or | 25 |
| characteristics, having been
prepared by , or having been or | 26 |
| being used by , received by , in the possession of, possessed or |
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| under the
control
of
any public body pertaining to the | 2 |
| transaction of public business, and that evidence the | 3 |
| organization, function, policies, decisions, procedures, | 4 |
| operations, or other activities of the public body. "Public | 5 |
| records" includes all forms of electronic communications, | 6 |
| including but not limited to electronic mail, instant messages, | 7 |
| and text messages, sent or received or otherwise in the | 8 |
| possession of any public body or public officer . "Public | 9 |
| records" includes, but is expressly not limited
to: (i) | 10 |
| administrative manuals, procedural rules, and instructions to | 11 |
| staff,
unless exempted by Section 7(p) of this Act; (ii) final | 12 |
| opinions and orders
made in the adjudication of cases, except | 13 |
| an educational institution's
adjudication of
student or | 14 |
| employee grievance or disciplinary cases; (iii) substantive | 15 |
| rules;
(iv) statements and
interpretations of policy which have | 16 |
| been adopted by a public body; (v)
final planning policies, | 17 |
| recommendations, and decisions; (vi) factual reports,
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| inspection reports, and studies whether prepared by or for the | 19 |
| public body;
(vii) all information in any account, voucher, or | 20 |
| contract dealing with
the receipt or expenditure of public or | 21 |
| other funds of public bodies; (viii)
the names, salaries, | 22 |
| titles, and dates of employment of all employees and
officers | 23 |
| of public bodies; (ix) materials containing opinions | 24 |
| concerning
the rights of the state, the public, a subdivision | 25 |
| of state or a local
government,
or of any private persons; (x) | 26 |
| the name of every official and the final
records of voting in |
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| all proceedings of public bodies; (xi) applications
for any | 2 |
| contract, permit, grant, or agreement except as exempted from
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| disclosure
by subsection (g) of Section 7 of this Act; (xii) | 4 |
| each report, document,
study, or publication prepared by | 5 |
| independent consultants or other independent
contractors for | 6 |
| the public body; (xiii) all other information required by
law | 7 |
| to be made available for public inspection or copying;
(xiv) | 8 |
| information relating to any grant or contract made by or | 9 |
| between a
public body and another public body or private | 10 |
| organization; (xv)
waiver documents filed with the State | 11 |
| Superintendent of Education or the
president of the University | 12 |
| of Illinois under Section 30-12.5 of the School
Code, | 13 |
| concerning nominees for
General Assembly scholarships under
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| Sections 30-9, 30-10, and 30-11 of the School Code; (xvi)
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| complaints,
results of complaints, and Department of Children | 16 |
| and Family Services staff
findings of licensing violations at | 17 |
| day care facilities, provided that personal
and identifying | 18 |
| information is not released; and (xvii) records, reports,
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| forms, writings, letters, memoranda, books, papers, and other | 20 |
| documentary
information, regardless of physical form or | 21 |
| characteristics, having been
prepared, or having been or being | 22 |
| used, received, possessed, or under the
control of the Illinois | 23 |
| Sports Facilities Authority dealing with the receipt or
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| expenditure of public funds or other funds of the Authority in | 25 |
| connection with
the reconstruction, renovation, remodeling, | 26 |
| extension, or improvement of all or
substantially all of an |
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| existing "facility" as that term is defined in the
Illinois | 2 |
| Sports Facilities Authority Act.
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| (d) "Criminal history record information" means data | 4 |
| identifiable to an individual and consisting of descriptions or | 5 |
| notations of arrests, detentions, indictments, informations, | 6 |
| pre-trial proceedings, trials, or other formal events in the | 7 |
| criminal justice system or descriptions or notations of | 8 |
| criminal charges (including criminal violations of local | 9 |
| municipal ordinances) and the nature of any disposition arising | 10 |
| therefrom, including sentencing, court or correctional | 11 |
| supervision, rehabilitation, and release. The term does not | 12 |
| apply to statistical records and reports in which individuals | 13 |
| are not identified and from which their identities are not | 14 |
| ascertainable, or to information that is for criminal | 15 |
| investigative or intelligence purposes. | 16 |
| (e) (d) "Copying" means the reproduction of any public | 17 |
| record by means of any
photographic, electronic, mechanical or | 18 |
| other process, device or means now known or hereafter | 19 |
| developed .
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| (e) "Head of the public body" means the president, mayor, | 21 |
| chairman,
presiding
officer, director, superintendent, | 22 |
| manager, supervisor or individual otherwise
holding primary | 23 |
| executive and administrative authority for the public
body, or | 24 |
| such person's duly authorized designee.
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| (f) "News media" means a newspaper or other periodical | 26 |
| issued at regular
intervals whether in print or electronic |
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| format, a news service whether
in print or electronic format, a | 2 |
| radio
station, a television station, a television network, a | 3 |
| community
antenna television service, or a person or | 4 |
| corporation engaged in making news
reels or other motion | 5 |
| picture news for public showing.
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| (Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01; | 7 |
| 92-468, eff.
8-22-01; 92-547, eff. 6-13-02; 92-651, eff. | 8 |
| 7-11-02.)
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| (5 ILCS 140/3) (from Ch. 116, par. 203)
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| Sec. 3.
(a) Each public body shall make available to any | 11 |
| person for
inspection or copying all public records, except as | 12 |
| otherwise provided in
Section 7 of this Act.
Notwithstanding | 13 |
| any other law, a public body may not grant to any person
or | 14 |
| entity, whether by contract, license, or otherwise, the | 15 |
| exclusive right to
access and disseminate any public record as | 16 |
| defined in this Act.
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| (b) Subject to the fee provisions of Section 6 of this Act, | 18 |
| each public
body shall promptly provide, to any person who | 19 |
| submits a written request,
a copy of any public record required | 20 |
| to be disclosed
by subsection (a) of this Section and shall | 21 |
| certify such copy if so requested.
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| (c) Requests for inspection or for copies must be made in | 23 |
| writing; however, the public body may not otherwise require | 24 |
| that a request be submitted in a specific format. Written | 25 |
| requests may be submitted to a public body via personal |
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| delivery, mail, telefax, electronic mail, or other means | 2 |
| available to the public body. | 3 |
| (d) (c) Each public body shall immediately , promptly, | 4 |
| either comply with or deny a written
request to inspect or | 5 |
| copy, or to obtain a copy of, for public records . If the | 6 |
| requested records are not immediately accessible for | 7 |
| inspection or copying, the request shall be complied with or | 8 |
| denied within 5 working days after receipt of the request, | 9 |
| unless the time for response may properly be extended under | 10 |
| subsection (e) of this Section within 7 working days after its | 11 |
| receipt . Denial
shall be in writing by letter as provided in | 12 |
| Section 9 of this Act. Failure to comply with respond to
a | 13 |
| written request within 5 working days 7 working days after its | 14 |
| receipt or within any extension under subsection (e) of this | 15 |
| Section shall constitute be considered a
waiver denial of the | 16 |
| public body's right to assert exemptions request .
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| (e) (d) The time for response under limits prescribed in | 18 |
| paragraph (c) of this Section may be
extended in each case for | 19 |
| up to 10 not more than 7 additional working days from the | 20 |
| receipt of the request for any
of the following reasons:
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| (i) the requested records are stored in whole or in | 22 |
| part at other
locations
than the office having charge of | 23 |
| the requested records;
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| (ii) the request requires the collection of a | 25 |
| substantial number of
specified records;
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| (iii) the request is couched in categorical terms and |
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| requires an
extensive
search for the records responsive to | 2 |
| it;
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| (iv) the requested records have not been located in the | 4 |
| course of routine
search and additional efforts are being | 5 |
| made to locate them;
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| (v) the requested records require examination and | 7 |
| evaluation by personnel
having the necessary competence | 8 |
| and discretion to determine if they are
exempt from | 9 |
| disclosure under Section 7 of this Act or should be | 10 |
| revealed
only with appropriate deletions;
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| (vi) the request for records cannot be complied with by | 12 |
| the public body
within the time limits prescribed by | 13 |
| paragraph (c) of this Section without
unduly burdening or | 14 |
| interfering with the operations of the public body;
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| (vii) there is a need for consultation, which shall be | 16 |
| conducted with all
practicable speed, with another public | 17 |
| body or among two or more components
of a public body | 18 |
| having a substantial interest in the determination or in
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| the subject matter of the request.
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| (f) (e) When additional time is required for any of the | 21 |
| above reasons, the
public body shall , within 5 working days, | 22 |
| notify by letter the person making the written request by the | 23 |
| most expedient means available within
the time limits specified | 24 |
| by paragraph (c) of this Section of the reasons
for the delay | 25 |
| and the date by which the records will be made available or
a | 26 |
| denial will be forthcoming. Failure In no instance, may the |
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| delay in processing
last longer than 7 working days. A failure | 2 |
| to notify the person requesting records within 5 working days | 3 |
| of the extension of time in which to respond, or to comply with | 4 |
| or deny a request for records render a decision within
5 7 | 5 |
| working days after having extended the time in which to | 6 |
| respond, shall constitute be considered a waiver denial of the | 7 |
| public body's right to assert exemptions request .
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| (g) (f) Requests calling for all records falling within a | 9 |
| category shall be
complied with unless compliance with the | 10 |
| request would be unduly burdensome
for the complying public | 11 |
| body and there is no way to narrow the request and the
burden | 12 |
| on the public body outweighs the public interest in the | 13 |
| information.
Before invoking this exemption, the public body | 14 |
| shall extend to the person
making the request an opportunity to | 15 |
| confer with it in an attempt to reduce
the request to | 16 |
| manageable proportions. If any body responds to a categorical
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| request by stating that compliance would unduly burden its | 18 |
| operation and
the conditions described above are met, it shall | 19 |
| do so in writing, specifying
the reasons why it would be unduly | 20 |
| burdensome and the extent to which compliance
will so burden | 21 |
| the operations of the public body. Such a response shall
be | 22 |
| treated as a denial of the
request for information. Repeated | 23 |
| requests for the same public records by
the same person shall | 24 |
| be deemed unduly burdensome under this provision.
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| (h) (g) Each public body may promulgate rules and | 26 |
| regulations in conformity
with the provisions of this Section |
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| pertaining to the availability of records
and procedures to be | 2 |
| followed, including:
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| (i) the times and places where such records will be | 4 |
| made available, and
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| (ii) the persons from whom such records may be | 6 |
| obtained.
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| (Source: P.A. 90-206, eff. 7-25-97.)
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| (5 ILCS 140/3.5 new) | 9 |
| Sec. 3.5. Freedom of Information officers. Each public body | 10 |
| shall designate an official or employee to act as its Freedom | 11 |
| of Information officer. The Freedom of Information officer | 12 |
| shall receive requests submitted to the public body under this | 13 |
| Act, direct those requests to appropriate persons within the | 14 |
| public body or to appropriate persons in another public body, | 15 |
| ensure that the public body responds to requests in a timely | 16 |
| fashion, and issue final responses under this Act. | 17 |
| Upon receiving a request for a public record, the Freedom | 18 |
| of Information officer shall: | 19 |
| (a) note the date of receipt on the written request; | 20 |
| (b) compute the day on which the period for response will | 21 |
| expire and make a notation of that date on the written request; | 22 |
| (c) maintain an electronic or paper copy of a written | 23 |
| request, including all documents submitted with the request | 24 |
| until the request has been complied with or denied; and | 25 |
| (d) create a file for the retention of the original |
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| request, a copy of the response, a record of written | 2 |
| communications with the requester, and a copy of other | 3 |
| communications.
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| (5 ILCS 140/4) (from Ch. 116, par. 204)
| 5 |
| Sec. 4.
Each public body shall prominently display at each | 6 |
| of its administrative
or regional offices,
make available for | 7 |
| inspection and copying, and send through the mail if
requested, | 8 |
| each of the following:
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| (a) A brief description of itself, which will include, but | 10 |
| not be limited
to, a short summary of its purpose, a block | 11 |
| diagram giving its functional
subdivisions, the total amount of | 12 |
| its operating budget, the number and location
of all of its | 13 |
| separate offices, the approximate number of full and part-time | 14 |
| employees,
and the identification and membership of any board, | 15 |
| commission, committee,
or council which operates in an advisory | 16 |
| capacity relative to the operation
of the public body, or which | 17 |
| exercises control over its policies or procedures,
or to which | 18 |
| the public body is required to report and be answerable for
its | 19 |
| operations; and
| 20 |
| (b) A brief description by the Freedom of Information | 21 |
| officer of the methods whereby the public may request
| 22 |
| information and public records, a directory designating by | 23 |
| titles and addresses
those employees to whom requests for | 24 |
| public records should be directed,
and any fees allowable under | 25 |
| Section 6 of this Act.
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| (c) A public body that has a website that the full-time | 2 |
| staff of the public body maintains shall also post this | 3 |
| information on its website. | 4 |
| (Source: P.A. 83-1013.)
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| (5 ILCS 140/6) (from Ch. 116, par. 206)
| 6 |
| Sec. 6. Authority to charge fees.
| 7 |
| (a) When a person requests a copy of a record maintained in | 8 |
| an electronic format, the public body shall furnish it in the | 9 |
| electronic format specified by the requestor if practical. If | 10 |
| the public body does not have the ability to furnish an | 11 |
| electronic record in the requested electronic format, it shall | 12 |
| furnish the record in the format in which it is maintained by | 13 |
| the public body. A public body may charge the requestor for the | 14 |
| actual cost of purchasing the recording medium, whether disc, | 15 |
| diskette, tape, or other medium. A public body may not charge | 16 |
| the requestor for the costs of any search for and review of the | 17 |
| records or other personnel costs associated with reproducing | 18 |
| the records. Except to the extent that General Assembly | 19 |
| expressly provides, statutory fees applicable to copies of | 20 |
| public records when furnished in a paper format shall not be | 21 |
| applicable to those records when furnished in an electronic | 22 |
| format. | 23 |
| (b) (a) Except when a fee is otherwise fixed by statute, | 24 |
| each Each public body may charge fees
reasonably
calculated to
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| reimburse
its actual cost for reproducing and certifying public |
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| records and for the
use, by any person, of the equipment of the | 2 |
| public body to copy records ; except that no fees shall be | 3 |
| charged for the first 25 pages of copies requested by a | 4 |
| requestor .
The fee for copies shall not exceed 15˘ per page | 5 |
| unless the public body first performs an acceptable cost study | 6 |
| demonstrating that its costs of reproduction exceed that | 7 |
| amount. In calculating its actual cost for reproducing records | 8 |
| or for the use of the equipment of the public body to reproduce | 9 |
| records, Such fees shall exclude the costs of any search for | 10 |
| and review of the records or other personnel costs associated | 11 |
| with reproducing the records record,
and shall not exceed the | 12 |
| actual cost of reproduction and certification,
unless | 13 |
| otherwise provided by State statute . Such fees shall be imposed
| 14 |
| according to a standard scale of fees, established and made | 15 |
| public by the
body imposing them. The cost for certifying a | 16 |
| record shall not exceed $1.
| 17 |
| (c) (b) Documents shall be furnished without charge or at a | 18 |
| reduced
charge, as determined by the public body, if the person | 19 |
| requesting the
documents states the specific purpose for the | 20 |
| request and indicates that a
waiver or reduction of the fee is | 21 |
| in the public interest. Waiver or
reduction of the fee is in | 22 |
| the public interest if the principal purpose of
the request is | 23 |
| to access and disseminate information regarding the health,
| 24 |
| safety and welfare or the legal rights of the general public | 25 |
| and is not for
the principal purpose of personal or commercial | 26 |
| benefit.
For purposes of this subsection, "commercial benefit" |
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| shall not apply to
requests
made by news media when the | 2 |
| principal purpose of the request is to access and
disseminate | 3 |
| information regarding the health, safety, and welfare or the | 4 |
| legal
rights of the general public.
In setting the
amount of | 5 |
| the waiver or reduction, the public body may take into
| 6 |
| consideration the amount of materials requested and the cost of | 7 |
| copying
them.
| 8 |
| (d) (c) The purposeful imposition of a fee not consistent | 9 |
| with subsections
(6)(a) and (b) of this Act constitutes shall | 10 |
| be considered a denial of access to public
records for the | 11 |
| purposes of judicial review.
| 12 |
| (d) The fee for an abstract of a driver's record shall be | 13 |
| as provided
in Section 6-118 of "The Illinois Vehicle Code", | 14 |
| approved September 29,
1969, as amended.
| 15 |
| (Source: P.A. 90-144, eff. 7-23-97.)
| 16 |
| (5 ILCS 140/7) (from Ch. 116, par. 207) | 17 |
| (Text of Section before amendment by P.A. 95-988 ) | 18 |
| Sec. 7. Exemptions.
| 19 |
| (1) When a request is made to inspect or copy a public | 20 |
| record that contains information that is exempted from | 21 |
| disclosure under this Section, but also contains information | 22 |
| that is not exempted from disclosure, the public body shall | 23 |
| redact the information that is exempted and make the remaining | 24 |
| information available for inspection and copying. Subject to | 25 |
| this requirement, the The following shall be exempt from |
|
|
|
09600HB1370ham001 |
- 18 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| inspection and copying:
| 2 |
| (a) Information specifically prohibited from | 3 |
| disclosure by federal or
State law or rules and regulations | 4 |
| adopted under federal or State law .
| 5 |
| (b) Information that, if disclosed, would constitute a | 6 |
| clearly
unwarranted invasion of personal privacy, unless | 7 |
| the disclosure is
consented to in writing by the individual | 8 |
| subjects of the information. The
disclosure of information | 9 |
| that bears on the public duties of public
employees and | 10 |
| officials shall not be considered an invasion of personal
| 11 |
| privacy. Information exempted under this subsection (b) | 12 |
| shall include but
is not limited to:
| 13 |
| (i) files and personal information maintained with | 14 |
| respect to
clients, patients, residents, students or | 15 |
| other individuals receiving
social, medical, | 16 |
| educational, vocational, financial, supervisory or
| 17 |
| custodial care or services directly or indirectly from | 18 |
| federal agencies
or public bodies;
| 19 |
| (ii) personnel files and personal information | 20 |
| maintained with
respect to employees, appointees or | 21 |
| elected officials of any public body or
applicants for | 22 |
| those positions;
| 23 |
| (iii) files and personal information maintained | 24 |
| with respect to any
applicant, registrant or licensee | 25 |
| by any public body cooperating with or
engaged in | 26 |
| professional or occupational registration, licensure |
|
|
|
09600HB1370ham001 |
- 19 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| or discipline;
| 2 |
| (iv) information required of any taxpayer in | 3 |
| connection with the
assessment or collection of any tax | 4 |
| unless disclosure is otherwise required
by State | 5 |
| statute;
| 6 |
| (v) information revealing the identity of persons | 7 |
| who file complaints
with or provide information to | 8 |
| administrative, investigative, law enforcement
or | 9 |
| penal agencies; provided, however, that identification | 10 |
| of witnesses to
traffic accidents, traffic accident | 11 |
| reports, and rescue reports may be provided
by agencies | 12 |
| of local government, except in a case for which a | 13 |
| criminal
investigation is ongoing, without | 14 |
| constituting a clearly unwarranted per se
invasion of | 15 |
| personal privacy under this subsection; and
| 16 |
| (vi) the names, addresses, or other personal | 17 |
| information of
participants and registrants in park | 18 |
| district, forest preserve district, and
conservation | 19 |
| district programs.
| 20 |
| (c) Records in the possession of compiled by any public | 21 |
| body created in the course of for administrative | 22 |
| enforcement
proceedings , and any law enforcement or | 23 |
| correctional agency for
law enforcement purposes , or for | 24 |
| internal matters of a public body,
but only to the extent | 25 |
| that disclosure would:
| 26 |
| (i) interfere with pending or actually and |
|
|
|
09600HB1370ham001 |
- 20 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| reasonably contemplated
law enforcement proceedings | 2 |
| conducted by any law enforcement or correctional
| 3 |
| agency , when an action has been filed and is pending | 4 |
| before a court or administrative tribunal, or when the | 5 |
| agency affirmatively asserts that such an action is | 6 |
| probable or imminent ;
| 7 |
| (ii) interfere with pending administrative | 8 |
| enforcement proceedings
conducted by any public body , | 9 |
| when an action on behalf of or affecting the public | 10 |
| body has been filed and is pending before a court or | 11 |
| administrative tribunal, or when the public body | 12 |
| affirmatively asserts that such an action is probable | 13 |
| or imminent ;
| 14 |
| (iii) that deprive a person will be deprived of a | 15 |
| fair trial or an impartial hearing;
| 16 |
| (iv) unavoidably disclose the identity of persons | 17 |
| who file complaints with or provide information to | 18 |
| administrative, investigative, law enforcement, or | 19 |
| penal agencies; except that the identities of | 20 |
| witnesses to traffic accidents, traffic accident | 21 |
| reports, and rescue reports shall be provided by | 22 |
| agencies of local government, except when disclosure | 23 |
| would interfere with an ongoing criminal investigation | 24 |
| a confidential source or
confidential information | 25 |
| furnished only by the confidential source ;
| 26 |
| (v) disclose unique or specialized investigative |
|
|
|
09600HB1370ham001 |
- 21 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| techniques other than
those generally used and known or | 2 |
| disclose internal documents of
correctional agencies | 3 |
| related to detection, observation or investigation of
| 4 |
| incidents of crime or misconduct , and disclosure would | 5 |
| result in demonstrable harm to the agency or public | 6 |
| body ;
| 7 |
| (vi) constitute an invasion of personal privacy | 8 |
| under subsection (b) of
this Section;
| 9 |
| (vi) (vii) endanger the life or physical safety of | 10 |
| law 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 |
| including the following information, which shall | 18 |
| immediately be furnished upon request and payment of | 19 |
| copying fees, if copies are requested, notwithstanding | 20 |
| the time limits otherwise provided for in Section 3 of | 21 |
| this Act such as traditional
arrest logs or blotters ;
| 22 |
| (A) information that identifies the | 23 |
| individual, including the name, age, address, and | 24 |
| photograph, when and if available; | 25 |
| (B) information detailing any charges relating | 26 |
| to the arrest; |
|
|
|
09600HB1370ham001 |
- 22 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| (C) the time and location of the arrest; | 2 |
| (D) the name of the investigating or arresting | 3 |
| law enforcement agency; | 4 |
| (E) if the individual is incarcerated, the | 5 |
| amount of any bail or bond; and | 6 |
| (F) if the individual is incarcerated, the | 7 |
| time and date that the individual was received, | 8 |
| discharged, or transferred from the arresting | 9 |
| agency's custody. | 10 |
| The information described in paragraphs (C), (D), (E), and | 11 |
| (F) of subsection (i), however, may be withheld from disclosure | 12 |
| if it is determined that disclosure would interfere with | 13 |
| pending or actually and reasonably contemplated law | 14 |
| enforcement proceedings conducted by any law enforcement or | 15 |
| correctional agency, endanger the life or physical safety of | 16 |
| law enforcement or correctional personnel or any other person, | 17 |
| or compromise the security of any correctional facility. | 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 |
| (ii) (iii) court records and any other records that | 22 |
| are otherwise available to the public under State or | 23 |
| local law ;
or
| 24 |
| (iv) records that are otherwise available under | 25 |
| State or local law; or
| 26 |
| (iii) (v) records in which the requesting party is |
|
|
|
09600HB1370ham001 |
- 23 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| the individual
identified, except to the extent | 2 |
| exempted by as provided under part (vi) (vii) of
| 3 |
| paragraph (c) of subsection (1) of this Section.
| 4 |
| "Criminal history record information" means data | 5 |
| identifiable to an
individual and consisting of | 6 |
| descriptions or notations of arrests,
detentions, | 7 |
| indictments, informations, pre-trial proceedings, trials, | 8 |
| or
other formal events in the criminal justice system or | 9 |
| descriptions or
notations of criminal charges (including | 10 |
| criminal violations of local
municipal ordinances) and the | 11 |
| nature of any disposition arising therefrom,
including | 12 |
| sentencing, court or correctional supervision, | 13 |
| rehabilitation and
release. The term does not apply to | 14 |
| statistical records and reports in
which individuals are | 15 |
| not identified and from which
their identities are not | 16 |
| ascertainable, or to information that is for
criminal | 17 |
| investigative or intelligence purposes.
| 18 |
| (e) Records that relate to or affect the security of | 19 |
| correctional
institutions and detention facilities.
| 20 |
| (f) Preliminary documents, generated by the members, | 21 |
| employees, or officials of a public body, drafts, notes, | 22 |
| recommendations, memoranda and other
records in which | 23 |
| opinions are expressed, or policies or actions are
| 24 |
| formulated, except that a specific record or relevant | 25 |
| portion of a
record shall not be exempt when the record is | 26 |
| publicly referenced by an officer or member of the public |
|
|
|
09600HB1370ham001 |
- 24 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| body or referenced in or on the agenda of an open meeting | 2 |
| of a public body, or to the extent the record contains | 3 |
| factual information cited
and identified by the head of the | 4 |
| public body. The exemption provided in
this paragraph (f) | 5 |
| extends to all those records of officers and agencies
of | 6 |
| the General Assembly that pertain to the preparation of | 7 |
| 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 furnished under a claim | 11 |
| that they are
proprietary, privileged or confidential, and | 12 |
| that or where disclosure of the trade
secrets or financial | 13 |
| information would may cause competitive harm to the person | 14 |
| or business, and only insofar as the claim directly applies | 15 |
| to the records requested. , including: | 16 |
| (i) All
information determined to be confidential | 17 |
| under Section 4002 of the
Technology Advancement and | 18 |
| Development Act. | 19 |
| (i) (ii) All trade secrets and commercial or | 20 |
| financial information obtained by a public body, | 21 |
| including a public pension fund, from a private equity | 22 |
| fund or a privately held company within the investment | 23 |
| portfolio of a private equity fund as a result of | 24 |
| either investing or evaluating a potential investment | 25 |
| of public funds in a private equity fund. The exemption | 26 |
| contained in this item does not apply to the aggregate |
|
|
|
09600HB1370ham001 |
- 25 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| financial performance information of a private equity | 2 |
| fund, nor to the identity of the fund's managers or | 3 |
| general partners. The exemption contained in this item | 4 |
| does not apply to the identity of a privately held | 5 |
| company within the investment portfolio of a private | 6 |
| equity fund, unless the disclosure of the identity of a | 7 |
| privately held company may cause competitive harm.
| 8 |
| Nothing contained in this
paragraph (g) shall be construed | 9 |
| to prevent a person or business from
consenting 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 advantage | 13 |
| to any person proposing to enter into a contractor | 14 |
| agreement
with the body, until an award or final selection | 15 |
| is made. Information
prepared by or for the body in | 16 |
| preparation of a bid solicitation shall be
exempt until an | 17 |
| award or final selection is made.
| 18 |
| (i) Valuable formulae,
computer geographic systems,
| 19 |
| designs, drawings and research data obtained or
produced by | 20 |
| any public body when disclosure could reasonably be | 21 |
| expected to
produce private gain or public loss.
The | 22 |
| exemption for "computer geographic systems" provided in | 23 |
| this paragraph
(i) does not extend to requests made by news | 24 |
| media as defined in Section 2 of
this Act when the | 25 |
| requested information is not otherwise exempt and the only
| 26 |
| purpose of the request is to access and disseminate |
|
|
|
09600HB1370ham001 |
- 26 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| information regarding the
health, safety, welfare, or | 2 |
| legal rights of the general public.
| 3 |
| (j) The following information pertaining to | 4 |
| educational matters: | 5 |
| (i) test Test questions, scoring keys and other | 6 |
| examination data used to
administer an academic | 7 |
| examination ; or determined the qualifications of an
| 8 |
| applicant for a license or employment.
| 9 |
| (ii) information received by a primary or | 10 |
| secondary school, college or university under its | 11 |
| procedures for the evaluation of faculty members by | 12 |
| their academic peers; | 13 |
| (iii) information concerning a school or | 14 |
| university's adjudication of student disciplinary | 15 |
| cases, but only to the extent that disclosure would | 16 |
| unavoidably reveal the identity of the student; and | 17 |
| (iv) course materials or research materials used | 18 |
| by faculty members. | 19 |
| (k) Architects' plans, engineers' technical | 20 |
| submissions, and
other
construction related technical | 21 |
| documents for
projects not constructed or developed in | 22 |
| whole or in part with public funds
and the same for | 23 |
| projects constructed or developed with public funds, | 24 |
| including but not limited to power generating and | 25 |
| distribution stations, water treatment facilities, airport | 26 |
| facilities, sport stadiums, convention centers, and all |
|
|
|
09600HB1370ham001 |
- 27 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| government owned, operated, or occupied buildings, but
| 2 |
| only to the extent
that disclosure would compromise | 3 |
| security , including but not limited to water
treatment | 4 |
| facilities, airport facilities, sport stadiums, convention | 5 |
| centers,
and all government owned, operated, or occupied | 6 |
| buildings .
| 7 |
| (l) Library circulation and order records identifying | 8 |
| library users with
specific materials.
| 9 |
| (l) (m) Minutes of meetings of public bodies closed to | 10 |
| the
public as provided in the Open Meetings Act until the | 11 |
| public body
makes the minutes available to the public under | 12 |
| Section 2.06 of the Open
Meetings Act.
| 13 |
| (m) (n) Communications between a public body and an | 14 |
| attorney or auditor
representing the public body that would | 15 |
| not be subject to discovery in
litigation, and materials | 16 |
| prepared or compiled by or for a public body in
| 17 |
| anticipation of a criminal, civil or administrative | 18 |
| proceeding upon the
request of an attorney advising the | 19 |
| public body, and materials prepared or
compiled with | 20 |
| respect to internal audits of public bodies.
| 21 |
| (n) (o) Records relating to a public body's | 22 |
| adjudication of employee grievances or disciplinary cases; | 23 |
| however, this exemption shall not extend to the final | 24 |
| outcome of cases in which discipline is imposed Information | 25 |
| received by a primary or secondary school, college or
| 26 |
| university under its procedures for the evaluation of |
|
|
|
09600HB1370ham001 |
- 28 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| faculty members by
their academic peers .
| 2 |
| (o) (p) Administrative or technical information | 3 |
| associated with automated
data processing operations, | 4 |
| including but not limited to software,
operating | 5 |
| protocols, computer program abstracts, file layouts, | 6 |
| source
listings, object modules, load modules, user | 7 |
| guides, documentation
pertaining to all logical and | 8 |
| physical design of computerized systems,
employee manuals, | 9 |
| and any other information that, if disclosed, would
| 10 |
| jeopardize the security of the system or its data or the | 11 |
| security of
materials exempt under this Section.
| 12 |
| (p) (q) Records Documents or materials relating to | 13 |
| collective negotiating matters
between public bodies and | 14 |
| their employees or representatives, except that
any final | 15 |
| contract or agreement shall be subject to inspection and | 16 |
| copying.
| 17 |
| (q) (r) Test questions, scoring keys, and other | 18 |
| examination data used to determine the qualifications of an | 19 |
| applicant for a license or employment. Drafts, notes, | 20 |
| recommendations and memoranda pertaining to the
financing | 21 |
| and marketing transactions of the public body. The records | 22 |
| of
ownership, registration, transfer, and exchange of | 23 |
| municipal debt
obligations, and of persons to whom payment | 24 |
| with respect to these obligations
is made.
| 25 |
| (r) (s) The records, documents and information | 26 |
| relating to real estate
purchase negotiations until those |
|
|
|
09600HB1370ham001 |
- 29 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| negotiations have been completed or
otherwise terminated. | 2 |
| With regard to a parcel involved in a pending or
actually | 3 |
| and reasonably contemplated eminent domain proceeding | 4 |
| under the Eminent Domain Act, records, documents and
| 5 |
| information relating to that parcel shall be exempt except | 6 |
| as may be
allowed under discovery rules adopted by the | 7 |
| Illinois Supreme Court. The
records, documents and | 8 |
| information relating to a real estate sale shall be
exempt | 9 |
| 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 |
| (s) (x) Information contained in or related to | 26 |
| examination, operating, or
condition reports prepared by, |
|
|
|
09600HB1370ham001 |
- 30 - |
LRB096 04942 JAM 22949 a |
|
| 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.
|
|
|
|
09600HB1370ham001 |
- 31 - |
LRB096 04942 JAM 22949 a |
|
| 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 |
| (t) (ii) Information Beginning July 1, 1999, | 19 |
| information that would disclose
or might lead to the | 20 |
| disclosure of
secret or confidential information, codes, | 21 |
| algorithms, programs, or private
keys intended to be used | 22 |
| to create electronic or digital signatures under the
| 23 |
| Electronic Commerce Security Act.
| 24 |
| (u) (jj) Information contained in a local emergency | 25 |
| energy plan submitted to
a municipality in accordance with | 26 |
| a local emergency energy plan ordinance that
is adopted |
|
|
|
09600HB1370ham001 |
- 32 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| under 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 |
| (v) (ll) Vulnerability assessments, security measures, | 7 |
| and response policies
or plans that are designed to | 8 |
| identify, prevent, or respond to potential
attacks upon a | 9 |
| community's population or systems, facilities, or | 10 |
| installations,
the destruction or contamination of which | 11 |
| would constitute a clear and present
danger to the health | 12 |
| or safety of the community, but only to the extent that
| 13 |
| disclosure could reasonably be expected to jeopardize the | 14 |
| effectiveness of the
measures or the safety of the | 15 |
| personnel who implement them or the public.
Information | 16 |
| exempt under this item may include such things as details
| 17 |
| pertaining to the mobilization or deployment of personnel | 18 |
| or equipment, to the
operation of communication systems or | 19 |
| protocols, or to tactical operations.
| 20 |
| (w) (mm) Maps and other records regarding the location | 21 |
| or 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
|
|
|
|
09600HB1370ham001 |
- 33 - |
LRB096 04942 JAM 22949 a |
|
| 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 |
| (x) (rr) Information contained in or related to | 19 |
| proposals, 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 |
|
|
|
09600HB1370ham001 |
- 34 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| Hazardous Substances Registry Act. | 2 |
| (2) A public record that is not in the possession of a | 3 |
| public body but is in the possession of a party with whom the | 4 |
| agency has contracted to perform a governmental function on | 5 |
| behalf of the public body, and that directly relates to the | 6 |
| governmental function and is not otherwise exempt under this | 7 |
| Act, shall be considered a public record of the public body, | 8 |
| for purposes of this Act. | 9 |
| (3) (2) This Section does not authorize withholding of | 10 |
| information or limit the
availability of records to the public, | 11 |
| except as stated in this Section or
otherwise provided in this | 12 |
| Act.
| 13 |
| (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, | 14 |
| eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; | 15 |
| 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. | 16 |
| 8-28-07; 95-941, eff. 8-29-08.)
| 17 |
| (Text of Section after amendment by P.A. 95-988 ) | 18 |
| Sec. 7. Exemptions.
| 19 |
| (1) When a request is made to inspect or copy a public | 20 |
| record that contains information that is exempted from | 21 |
| disclosure under this Section, but also contains information | 22 |
| that is not exempted from disclosure, the public body shall | 23 |
| redact the information that is exempted and make the remaining | 24 |
| information available for inspection and copying. Subject to | 25 |
| this requirement, the The following shall be exempt from |
|
|
|
09600HB1370ham001 |
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LRB096 04942 JAM 22949 a |
|
| 1 |
| inspection and copying:
| 2 |
| (a) Information specifically prohibited from | 3 |
| disclosure by federal or
State law or rules and regulations | 4 |
| adopted under federal or State law .
| 5 |
| (b) Information that, if disclosed, would constitute a | 6 |
| clearly
unwarranted invasion of personal privacy, unless | 7 |
| the disclosure is
consented to in writing by the individual | 8 |
| subjects of the information. The
disclosure of information | 9 |
| that bears on the public duties of public
employees and | 10 |
| officials shall not be considered an invasion of personal
| 11 |
| privacy. Information exempted under this subsection (b) | 12 |
| shall include but
is not limited to:
| 13 |
| (i) files and personal information maintained with | 14 |
| respect to
clients, patients, residents, students or | 15 |
| other individuals receiving
social, medical, | 16 |
| educational, vocational, financial, supervisory or
| 17 |
| custodial care or services directly or indirectly from | 18 |
| federal agencies
or public bodies;
| 19 |
| (ii) personnel files and personal information | 20 |
| maintained with
respect to employees, appointees or | 21 |
| elected officials of any public body or
applicants for | 22 |
| those positions;
| 23 |
| (iii) files and personal information maintained | 24 |
| with respect to any
applicant, registrant or licensee | 25 |
| by any public body cooperating with or
engaged in | 26 |
| professional or occupational registration, licensure |
|
|
|
09600HB1370ham001 |
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LRB096 04942 JAM 22949 a |
|
| 1 |
| or discipline;
| 2 |
| (iv) information required of any taxpayer in | 3 |
| connection with the
assessment or collection of any tax | 4 |
| unless disclosure is otherwise required
by State | 5 |
| statute;
| 6 |
| (v) information revealing the identity of persons | 7 |
| who file complaints
with or provide information to | 8 |
| administrative, investigative, law enforcement
or | 9 |
| penal agencies; provided, however, that identification | 10 |
| of witnesses to
traffic accidents, traffic accident | 11 |
| reports, and rescue reports may be provided
by agencies | 12 |
| of local government, except in a case for which a | 13 |
| criminal
investigation is ongoing, without | 14 |
| constituting a clearly unwarranted per se
invasion of | 15 |
| personal privacy under this subsection;
| 16 |
| (vi) the names, addresses, or other personal | 17 |
| information of
participants and registrants in park | 18 |
| district, forest preserve district, and
conservation | 19 |
| district programs; and
| 20 |
| (vii) the Notarial Record or other medium | 21 |
| containing the thumbprint or fingerprint required by | 22 |
| Section 3-102(c)(6) of the Illinois Notary Public Act. | 23 |
| (c) Records in the possession of compiled by any public | 24 |
| body created in the course of for administrative | 25 |
| enforcement
proceedings , and any law enforcement or | 26 |
| correctional agency for
law enforcement purposes , or for |
|
|
|
09600HB1370ham001 |
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LRB096 04942 JAM 22949 a |
|
| 1 |
| internal matters of a public body,
but only to the extent | 2 |
| that disclosure would:
| 3 |
| (i) interfere with pending or actually and | 4 |
| reasonably contemplated
law enforcement proceedings | 5 |
| conducted by any law enforcement or correctional
| 6 |
| agency , when an action has been filed and is pending | 7 |
| before a court or administrative tribunal, or when the | 8 |
| agency affirmatively asserts that such an action is | 9 |
| probable or imminent ;
| 10 |
| (ii) interfere with pending administrative | 11 |
| enforcement proceedings
conducted by any public body , | 12 |
| when an action on behalf of or affecting the public | 13 |
| body has been filed and is pending before a court or | 14 |
| administrative tribunal, or when the public body | 15 |
| affirmatively asserts that such an action is probable | 16 |
| or imminent ;
| 17 |
| (iii) that deprive a person will be deprived of a | 18 |
| fair trial or an impartial hearing;
| 19 |
| (iv) unavoidably disclose the identity of persons | 20 |
| who file complaints with or provide information to | 21 |
| administrative, investigative, law enforcement, or | 22 |
| penal agencies; except that the identities of | 23 |
| witnesses to traffic accidents, traffic accident | 24 |
| reports, and rescue reports shall be provided by | 25 |
| agencies of local government, except when disclosure | 26 |
| would interfere with an ongoing criminal investigation |
|
|
|
09600HB1370ham001 |
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LRB096 04942 JAM 22949 a |
|
| 1 |
| a confidential source or
confidential information | 2 |
| furnished only by the confidential source ;
| 3 |
| (v) disclose unique or specialized investigative | 4 |
| techniques other than
those generally used and known or | 5 |
| disclose internal documents of
correctional agencies | 6 |
| related to detection, observation or investigation of
| 7 |
| incidents of crime or misconduct , and disclosure would | 8 |
| result in demonstrable harm to the agency or public | 9 |
| body ;
| 10 |
| (vi) constitute an invasion of personal privacy | 11 |
| under subsection (b) of
this Section;
| 12 |
| (vi) (vii) endanger the life or physical safety of | 13 |
| law enforcement personnel
or any other person; or
| 14 |
| (viii) obstruct an ongoing criminal investigation.
| 15 |
| (d) Criminal history record information maintained by | 16 |
| State or local
criminal justice agencies, except the | 17 |
| following which shall be open for
public inspection and | 18 |
| copying:
| 19 |
| (i) chronologically maintained arrest information, | 20 |
| including the following information, which shall | 21 |
| immediately be furnished upon request and payment of | 22 |
| copying fees, if copies are requested, notwithstanding | 23 |
| the time limits otherwise provided for in Section 3 of | 24 |
| this Act such as traditional
arrest logs or blotters ;
| 25 |
| (A) information that identifies the | 26 |
| individual, including the name, age, address, and |
|
|
|
09600HB1370ham001 |
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LRB096 04942 JAM 22949 a |
|
| 1 |
| photograph, when and if available; | 2 |
| (B) information detailing any charges relating | 3 |
| to the arrest; | 4 |
| (C) the time and location of the arrest; | 5 |
| (D) the name of the investigating or arresting | 6 |
| law enforcement agency; | 7 |
| (E) if the individual is incarcerated, the | 8 |
| amount of any bail or bond; and | 9 |
| (F) if the individual is incarcerated, the | 10 |
| time and date that the individual was received, | 11 |
| discharged, or transferred from the arresting | 12 |
| agency's custody. | 13 |
| The information described in paragraphs (C), (D), (E), and | 14 |
| (F) of subsection (i), however, may be withheld from disclosure | 15 |
| if it is determined that disclosure would interfere with | 16 |
| pending or actually and reasonably contemplated law | 17 |
| enforcement proceedings conducted by any law enforcement or | 18 |
| correctional agency, endanger the life or physical safety of | 19 |
| law enforcement or correctional personnel or any other person, | 20 |
| or compromise the security of any correctional facility. | 21 |
| (ii) the name of a person in the custody of a law | 22 |
| enforcement agency and
the charges for which that | 23 |
| person is being held;
| 24 |
| (ii) (iii) court records and any other records that | 25 |
| are otherwise available to the public under State or | 26 |
| local law ;
or
|
|
|
|
09600HB1370ham001 |
- 40 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| (iv) records that are otherwise available under | 2 |
| State or local law; or
| 3 |
| (iii) (v) records in which the requesting party is | 4 |
| the individual
identified, except to the extent | 5 |
| exempted by as provided under part (vi) (vii) of
| 6 |
| paragraph (c) of subsection (1) of this Section.
| 7 |
| "Criminal history record information" means data | 8 |
| identifiable to an
individual and consisting of | 9 |
| descriptions or notations of arrests,
detentions, | 10 |
| indictments, informations, pre-trial proceedings, trials, | 11 |
| or
other formal events in the criminal justice system or | 12 |
| descriptions or
notations of criminal charges (including | 13 |
| criminal violations of local
municipal ordinances) and the | 14 |
| nature of any disposition arising therefrom,
including | 15 |
| sentencing, court or correctional supervision, | 16 |
| rehabilitation and
release. The term does not apply to | 17 |
| statistical records and reports in
which individuals are | 18 |
| not identified and from which
their identities are not | 19 |
| ascertainable, or to information that is for
criminal | 20 |
| investigative or intelligence purposes.
| 21 |
| (e) Records that relate to or affect the security of | 22 |
| correctional
institutions and detention facilities.
| 23 |
| (f) Preliminary documents, generated by the members, | 24 |
| employees or officials of a public body, drafts, notes, | 25 |
| recommendations, memoranda and other
records in which | 26 |
| opinions are expressed, or policies or actions are
|
|
|
|
09600HB1370ham001 |
- 41 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| formulated, except that a specific record or relevant | 2 |
| portion of a
record shall not be exempt when the record is | 3 |
| publicly referenced by an officer or member of the public | 4 |
| body or referenced in or on the agenda of an open meeting | 5 |
| of a public body, or to the extent the record contains | 6 |
| factual information cited
and identified by the head of the | 7 |
| public body. The exemption provided in
this paragraph (f) | 8 |
| extends to all those records of officers and agencies
of | 9 |
| the General Assembly that pertain to the preparation of | 10 |
| legislative
documents.
| 11 |
| (g) Trade secrets and commercial or financial | 12 |
| information obtained from
a person or business where the | 13 |
| trade secrets or information are furnished under a claim | 14 |
| that they are
proprietary, privileged or confidential, and | 15 |
| that or where disclosure of the trade
secrets or financial | 16 |
| information would may cause competitive harm to the person | 17 |
| or business, and only insofar as the claim directly applies | 18 |
| to the records requested. , including: | 19 |
| (i) All
information determined to be confidential | 20 |
| under Section 4002 of the
Technology Advancement and | 21 |
| Development Act. | 22 |
| (i) (ii) All trade secrets and commercial or | 23 |
| financial information obtained by a public body, | 24 |
| including a public pension fund, from a private equity | 25 |
| fund or a privately held company within the investment | 26 |
| portfolio of a private equity fund as a result of |
|
|
|
09600HB1370ham001 |
- 42 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| either investing or evaluating a potential investment | 2 |
| of public funds in a private equity fund. The exemption | 3 |
| contained in this item does not apply to the aggregate | 4 |
| financial performance information of a private equity | 5 |
| fund, nor to the identity of the fund's managers or | 6 |
| general partners. The exemption contained in this item | 7 |
| does not apply to the identity of a privately held | 8 |
| company within the investment portfolio of a private | 9 |
| equity fund, unless the disclosure of the identity of a | 10 |
| privately held company may cause competitive harm.
| 11 |
| Nothing contained in this
paragraph (g) shall be construed | 12 |
| to prevent a person or business from
consenting to disclosure.
| 13 |
| (h) Proposals and bids for any contract, grant, or | 14 |
| agreement, including
information which if it were | 15 |
| disclosed would frustrate procurement or give
an advantage | 16 |
| to any person proposing to enter into a contractor | 17 |
| agreement
with the body, until an award or final selection | 18 |
| is made. Information
prepared by or for the body in | 19 |
| preparation of a bid solicitation shall be
exempt until an | 20 |
| award or final selection is made.
| 21 |
| (i) Valuable formulae,
computer geographic systems,
| 22 |
| designs, drawings and research data obtained or
produced by | 23 |
| any public body when disclosure could reasonably be | 24 |
| expected to
produce private gain or public loss.
The | 25 |
| exemption for "computer geographic systems" provided in | 26 |
| this paragraph
(i) does not extend to requests made by news |
|
|
|
09600HB1370ham001 |
- 43 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| media as defined in Section 2 of
this Act when the | 2 |
| requested information is not otherwise exempt and the only
| 3 |
| purpose of the request is to access and disseminate | 4 |
| information regarding the
health, safety, welfare, or | 5 |
| legal rights of the general public.
| 6 |
| (j) The following information pertaining to | 7 |
| educational matters: | 8 |
| (i) test Test questions, scoring keys and other | 9 |
| examination data used to
administer an academic | 10 |
| examination ; or determined the qualifications of an
| 11 |
| applicant for a license or employment.
| 12 |
| (ii) information received by a primary or | 13 |
| secondary school, college, or university under its | 14 |
| procedures for the evaluation of faculty members by | 15 |
| their academic peers; | 16 |
| (iii) information concerning a school or | 17 |
| university's adjudication of student disciplinary | 18 |
| cases, but only to the extent that disclosure would | 19 |
| unavoidably reveal the identity of the student; and | 20 |
| (iv) course materials or research materials used | 21 |
| by faculty members. | 22 |
| (k) Architects' plans, engineers' technical | 23 |
| submissions, and
other
construction related technical | 24 |
| documents for
projects not constructed or developed in | 25 |
| whole or in part with public funds
and the same for | 26 |
| projects constructed or developed with public funds, |
|
|
|
09600HB1370ham001 |
- 44 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| including but not limited to power generating and | 2 |
| distribution stations, water treatment facilities, airport | 3 |
| facilities, sport stadiums, convention centers, and all | 4 |
| government owned, operated, or occupied buildings, but
| 5 |
| only to the extent
that disclosure would compromise | 6 |
| security , including but not limited to water
treatment | 7 |
| facilities, airport facilities, sport stadiums, convention | 8 |
| centers,
and all government owned, operated, or occupied | 9 |
| buildings .
| 10 |
| (l) Library circulation and order records identifying | 11 |
| library users with
specific materials.
| 12 |
| (l) (m) Minutes of meetings of public bodies closed to | 13 |
| the
public as provided in the Open Meetings Act until the | 14 |
| public body
makes the minutes available to the public under | 15 |
| Section 2.06 of the Open
Meetings Act.
| 16 |
| (m) (n) Communications between a public body and an | 17 |
| attorney or auditor
representing the public body that would | 18 |
| not be subject to discovery in
litigation, and materials | 19 |
| prepared or compiled by or for a public body in
| 20 |
| anticipation of a criminal, civil or administrative | 21 |
| proceeding upon the
request of an attorney advising the | 22 |
| public body, and materials prepared or
compiled with | 23 |
| respect to internal audits of public bodies.
| 24 |
| (n) (o) Records relating to a public body's | 25 |
| adjudication of employee grievances or disciplinary cases; | 26 |
| however, this exemption shall not extend to the final |
|
|
|
09600HB1370ham001 |
- 45 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| outcome of cases in which discipline is imposed Information | 2 |
| received by a primary or secondary school, college or
| 3 |
| university under its procedures for the evaluation of | 4 |
| faculty members by
their academic peers .
| 5 |
| (o) (p) Administrative or technical information | 6 |
| associated with automated
data processing operations, | 7 |
| including but not limited to software,
operating | 8 |
| protocols, computer program abstracts, file layouts, | 9 |
| source
listings, object modules, load modules, user | 10 |
| guides, documentation
pertaining to all logical and | 11 |
| physical design of computerized systems,
employee manuals, | 12 |
| and any other information that, if disclosed, would
| 13 |
| jeopardize the security of the system or its data or the | 14 |
| security of
materials exempt under this Section.
| 15 |
| (p) (q) Records Documents or materials relating to | 16 |
| collective negotiating matters
between public bodies and | 17 |
| their employees or representatives, except that
any final | 18 |
| contract or agreement shall be subject to inspection and | 19 |
| copying.
| 20 |
| (q) (r) Test questions, scoring keys, and other | 21 |
| examination data used to determine the qualifications of an | 22 |
| applicant for a license or employment. Drafts, notes, | 23 |
| recommendations and memoranda pertaining to the
financing | 24 |
| and marketing transactions of the public body. The records | 25 |
| of
ownership, registration, transfer, and exchange of | 26 |
| municipal debt
obligations, and of persons to whom payment |
|
|
|
09600HB1370ham001 |
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LRB096 04942 JAM 22949 a |
|
| 1 |
| with respect to these obligations
is made.
| 2 |
| (r) (s) The records, documents and information | 3 |
| relating 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 the Eminent Domain Act, records, documents and
| 8 |
| information relating to that parcel shall be exempt except | 9 |
| as may be
allowed under discovery rules adopted by the | 10 |
| Illinois Supreme Court. The
records, documents and | 11 |
| information relating to a real estate sale shall be
exempt | 12 |
| 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 pool.
| 17 |
| (u) Information concerning a university's adjudication | 18 |
| of student or
employee grievance or disciplinary cases, to | 19 |
| the extent that disclosure
would reveal the identity of the | 20 |
| student or employee and information
concerning any public | 21 |
| body's adjudication of student or employee grievances
or | 22 |
| disciplinary cases, except for the final outcome of the | 23 |
| cases.
| 24 |
| (v) Course materials or research materials used by | 25 |
| faculty members.
| 26 |
| (w) Information related solely to the internal |
|
|
|
09600HB1370ham001 |
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LRB096 04942 JAM 22949 a |
|
| 1 |
| personnel rules and
practices of a public body.
| 2 |
| (s) (x) Information contained in or related to | 3 |
| examination, operating, or
condition reports prepared by, | 4 |
| on behalf of, or for the use of a public
body responsible | 5 |
| for the regulation or supervision of financial
| 6 |
| institutions or insurance companies, unless disclosure is | 7 |
| otherwise
required by State law.
| 8 |
| (y) Information the disclosure of which is restricted | 9 |
| under Section
5-108 of the Public Utilities Act.
| 10 |
| (z) Manuals or instruction to staff that relate to | 11 |
| establishment or
collection of liability for any State tax | 12 |
| or that relate to investigations
by a public body to | 13 |
| determine violation of any criminal law.
| 14 |
| (aa) Applications, related documents, and medical | 15 |
| records received by
the Experimental Organ Transplantation | 16 |
| Procedures Board and any and all
documents or other records | 17 |
| prepared by the Experimental Organ
Transplantation | 18 |
| Procedures Board or its staff relating to applications
it | 19 |
| has received.
| 20 |
| (bb) Insurance or self insurance (including any | 21 |
| intergovernmental risk
management association or self | 22 |
| insurance pool) claims, loss or risk
management | 23 |
| information, records, data, advice or communications.
| 24 |
| (cc) Information and records held by the Department of | 25 |
| Public Health and
its authorized representatives relating | 26 |
| to known or suspected cases of
sexually transmissible |
|
|
|
09600HB1370ham001 |
- 48 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| disease or any information the disclosure of which
is | 2 |
| restricted under the Illinois Sexually Transmissible | 3 |
| Disease Control Act.
| 4 |
| (dd) Information the disclosure of which is exempted | 5 |
| under Section 30
of the Radon Industry Licensing Act.
| 6 |
| (ee) Firm performance evaluations under Section 55 of | 7 |
| the
Architectural, Engineering, and Land Surveying | 8 |
| Qualifications Based
Selection Act.
| 9 |
| (ff) Security portions of system safety program plans, | 10 |
| investigation
reports, surveys, schedules, lists, data, or | 11 |
| information compiled, collected,
or prepared by or for the | 12 |
| Regional Transportation Authority under Section 2.11
of | 13 |
| the Regional Transportation Authority Act or the St. Clair | 14 |
| County Transit
District under the
Bi-State Transit Safety | 15 |
| Act.
| 16 |
| (gg) Information the disclosure of which is restricted | 17 |
| and
exempted under Section 50 of the Illinois Prepaid | 18 |
| Tuition Act.
| 19 |
| (hh) Information the disclosure of which is
exempted | 20 |
| under the State Officials and Employees Ethics Act.
| 21 |
| (t) (ii) Information Beginning July 1, 1999, | 22 |
| information that would disclose
or might lead to the | 23 |
| disclosure of
secret or confidential information, codes, | 24 |
| algorithms, programs, or private
keys intended to be used | 25 |
| to create electronic or digital signatures under the
| 26 |
| Electronic Commerce Security Act.
|
|
|
|
09600HB1370ham001 |
- 49 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| (u) (jj) Information contained in a local emergency | 2 |
| energy plan submitted to
a municipality in accordance with | 3 |
| a local emergency energy plan ordinance that
is adopted | 4 |
| under Section 11-21.5-5 of the Illinois Municipal Code.
| 5 |
| (kk) Information and data concerning the distribution | 6 |
| of
surcharge moneys collected and remitted by wireless | 7 |
| carriers under the Wireless
Emergency Telephone Safety | 8 |
| Act.
| 9 |
| (v) (ll) Vulnerability assessments, security measures, | 10 |
| and response policies
or plans that are designed to | 11 |
| identify, prevent, or respond to potential
attacks upon a | 12 |
| community's population or systems, facilities, or | 13 |
| installations,
the destruction or contamination of which | 14 |
| would constitute a clear and present
danger to the health | 15 |
| or safety of the community, but only to the extent that
| 16 |
| disclosure could reasonably be expected to jeopardize the | 17 |
| effectiveness of the
measures or the safety of the | 18 |
| personnel who implement them or the public.
Information | 19 |
| exempt under this item may include such things as details
| 20 |
| pertaining to the mobilization or deployment of personnel | 21 |
| or equipment, to the
operation of communication systems or | 22 |
| protocols, or to tactical operations.
| 23 |
| (w) (mm) Maps and other records regarding the location | 24 |
| or security of generation, transmission, distribution, | 25 |
| storage, gathering,
treatment, or switching facilities | 26 |
| owned by a utility or by the Illinois Power Agency.
|
|
|
|
09600HB1370ham001 |
- 50 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| (nn) Law enforcement officer identification | 2 |
| information or
driver
identification
information compiled | 3 |
| by a law enforcement agency or the Department of
| 4 |
| Transportation
under Section 11-212 of the Illinois | 5 |
| Vehicle Code.
| 6 |
| (oo) Records and information provided to a residential
| 7 |
| health care
facility resident sexual assault
and death | 8 |
| review team or the Executive Council under the Abuse | 9 |
| Prevention Review Team Act.
| 10 |
| (pp) Information provided to the predatory lending | 11 |
| database created pursuant to Article 3 of the Residential | 12 |
| Real Property Disclosure Act, except to the extent | 13 |
| authorized under that Article.
| 14 |
| (qq) Defense budgets and petitions for certification | 15 |
| of compensation and expenses for court appointed trial | 16 |
| counsel as provided under Sections 10 and 15 of the Capital | 17 |
| Crimes Litigation Act. This subsection (qq) shall apply | 18 |
| until the conclusion of the trial of the case, even if the | 19 |
| prosecution chooses not to pursue the death penalty prior | 20 |
| to trial or sentencing.
| 21 |
| (x) (rr) Information contained in or related to | 22 |
| proposals, bids, or negotiations related to electric power | 23 |
| procurement under Section 1-75 of the Illinois Power Agency | 24 |
| Act and Section 16-111.5 of the Public Utilities Act that | 25 |
| is determined to be confidential and proprietary by the | 26 |
| Illinois Power Agency or by the Illinois Commerce |
|
|
|
09600HB1370ham001 |
- 51 - |
LRB096 04942 JAM 22949 a |
|
| 1 |
| Commission.
| 2 |
| (ss) Information that is prohibited from being | 3 |
| disclosed under Section 4 of the Illinois Health and | 4 |
| Hazardous Substances Registry Act. | 5 |
| (2) A public record that is not in the possession of a | 6 |
| public body but is in the possession of a party with whom the | 7 |
| agency has contracted to perform a governmental function on | 8 |
| behalf of the public body, and that directly relates to the | 9 |
| governmental function and is not otherwise exempt under this | 10 |
| Act, shall be considered a public record of the public body, | 11 |
| for purposes of this Act. | 12 |
| (3) (2) This Section does not authorize withholding of | 13 |
| information or limit the
availability of records to the public, | 14 |
| except as stated in this Section or
otherwise provided in this | 15 |
| Act.
| 16 |
| (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, | 17 |
| eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; | 18 |
| 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. | 19 |
| 8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised | 20 |
| 10-20-08.) | 21 |
| (5 ILCS 140/7.5 new) | 22 |
| Sec. 7.5. Statutory Exemptions. To the extent provided for | 23 |
| by the statutes referenced below, the following shall be exempt | 24 |
| from inspection and copying: | 25 |
| (a) All information determined to be confidential under |
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| Section 4002 of the Technology Advancement and Development Act. | 2 |
| (b) Library circulation and order records identifying | 3 |
| library users with specific materials under the Library Records | 4 |
| Confidentiality Act. | 5 |
| (c) Applications, related documents, and medical records | 6 |
| received by the Experimental Organ Transplantation Procedures | 7 |
| Board and any and all documents or other records prepared by | 8 |
| the Experimental Organ Transplantation Procedures Board or its | 9 |
| staff relating to applications it has received. | 10 |
| (d) Information and records held by the Department of | 11 |
| Public Health and its authorized representatives relating to | 12 |
| known or suspected cases of sexually transmissible disease or | 13 |
| any information the disclosure of which is restricted under the | 14 |
| Illinois Sexually Transmissible Disease Control Act. | 15 |
| (e) Information the disclosure of which is exempted under | 16 |
| Section 30 of the Radon Industry Licensing Act. | 17 |
| (f) Firm performance evaluations under Section 55 of the | 18 |
| Architectural, Engineering, and Land Surveying Qualifications | 19 |
| Based Selection Act. | 20 |
| (g) Information the disclosure of which is restricted and | 21 |
| exempted under Section 50 of the Illinois Prepaid Tuition Act. | 22 |
| (h) Information the disclosure of which is exempted under | 23 |
| the State Officials and Employees Ethics Act. | 24 |
| (i) Information contained in a local emergency energy plan | 25 |
| submitted to a municipality in accordance with a local | 26 |
| emergency energy plan ordinance that is adopted under Section |
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| 11-21.5-5 of the Illinois Municipal Code. | 2 |
| (j) Information and data concerning the distribution of | 3 |
| surcharge moneys collected and remitted by wireless carriers | 4 |
| under the Wireless Emergency Telephone Safety Act. | 5 |
| (k) Law enforcement officer identification information or | 6 |
| driver identification information compiled by a law | 7 |
| enforcement agency or the Department of Transportation under | 8 |
| Section 11-212 of the Illinois Vehicle Code. | 9 |
| (l) Records and information provided to a residential | 10 |
| health care facility resident sexual assault and death review | 11 |
| team or the Executive Council under the Abuse Prevention Review | 12 |
| Team Act. | 13 |
| (m) Information provided to the predatory lending database | 14 |
| created pursuant to Article 3 of the Residential Real Property | 15 |
| Disclosure Act, except to the extent authorized under that | 16 |
| Article. | 17 |
| (n) Defense budgets and petitions for certification of | 18 |
| compensation and expenses for court appointed trial counsel as | 19 |
| provided under Sections 10 and 15 of the Capital Crimes | 20 |
| Litigation Act. This subsection (n) shall apply until the | 21 |
| conclusion of the trial of the case, even if the prosecution | 22 |
| chooses not to pursue the death penalty prior to trial or | 23 |
| sentencing. | 24 |
| (o) Information that is prohibited from being disclosed | 25 |
| under Section 4 of the Illinois Health and Hazardous Substances | 26 |
| Registry Act. |
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| (p) Security portions of system safety program plans, | 2 |
| investigation reports, surveys, schedules, lists, data, or | 3 |
| information compiled, collected, or prepared by or for the | 4 |
| Regional Transportation Authority under Section 2.11 of the | 5 |
| Regional Transportation Authority Act or the St. Clair County | 6 |
| Transit District under the Bi-State Transit Safety Act.
| 7 |
| (5 ILCS 140/9) (from Ch. 116, par. 209)
| 8 |
| Sec. 9.
(a) Each public body or head of a public body | 9 |
| denying a request
for public records shall notify in writing by | 10 |
| letter the person making the request
of the decision to deny | 11 |
| such, the reasons for the denial, including a detailed factual | 12 |
| basis for the application of any exemption claimed, and the | 13 |
| names
and titles or positions
of each person responsible for | 14 |
| the denial. Each notice of denial by a public
body shall also | 15 |
| inform such person of his right to appeal to the head of
the | 16 |
| public body. Each notice of denial of an appeal by the head of | 17 |
| a public
body shall inform such person of his right to judicial | 18 |
| review under
Section 10 11 of this Act.
| 19 |
| (b) When a request for public records is denied on the | 20 |
| grounds that the
records are exempt under Section 7 of this | 21 |
| Act, the notice of denial shall
specify the exemption claimed | 22 |
| to authorize the denial and the specific reasons for the | 23 |
| denial, including a detailed factual basis and a citation to | 24 |
| supporting legal authority .
Copies of
all notices of denial | 25 |
| shall be retained by each public body in a single
central |
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| office file that is open to the public and indexed according to
| 2 |
| the type of exemption asserted and, to the extent feasible, | 3 |
| according to
the types of records requested.
| 4 |
| (c) Any person making a request for public records shall be | 5 |
| deemed to have exhausted his administrative remedies with | 6 |
| respect to that request if the public body fails to act within | 7 |
| the time periods provided in Section 3 of this Act. | 8 |
| (Source: P.A. 83-1013.)
| 9 |
| (5 ILCS 140/11) (from Ch. 116, par. 211)
| 10 |
| Sec. 11.
(a) Any person denied access to inspect or copy | 11 |
| any public
record by the head of a public body
may file suit | 12 |
| for injunctive or
declaratory relief.
| 13 |
| (b) Where the denial is from the head of a public body of | 14 |
| the State, suit
may be filed in the circuit court for the | 15 |
| county where the public body has
its principal office or where | 16 |
| the person denied access resides.
| 17 |
| (c) Where the denial is from the head of a municipality or | 18 |
| other public
body, except as provided in subsection (b) of this | 19 |
| Section, suit may be filed
in the circuit court for the county | 20 |
| where the public body is located.
| 21 |
| (d) The circuit court shall have the jurisdiction to enjoin | 22 |
| the public
body from withholding public records and to order | 23 |
| the production of any
public records improperly withheld from | 24 |
| the person seeking access. If the
public body can show that | 25 |
| exceptional circumstances exist, and that the
body is |
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| exercising due diligence in responding to the request, the | 2 |
| court
may retain jurisdiction and allow the agency additional | 3 |
| time to complete
its review of the records.
| 4 |
| (e) On motion of the plaintiff, prior to or after in camera
| 5 |
| inspection, the court shall order the public body
to provide an | 6 |
| index of the records to which access has been denied. The
index | 7 |
| shall include the following:
| 8 |
| (i) A description of the nature or contents of each | 9 |
| document
withheld, or each deletion from a released | 10 |
| document, provided, however,
that the public body shall not | 11 |
| be required to disclose the information
which it asserts is | 12 |
| exempt; and
| 13 |
| (ii) A statement of the exemption or exemptions claimed | 14 |
| for each such
deletion or withheld document.
| 15 |
| (f) In any action considered by the court, the court shall | 16 |
| consider the
matter de novo, and shall conduct such in camera | 17 |
| examination of the requested
records as it finds appropriate to | 18 |
| determine if such records or any part
thereof may be withheld | 19 |
| under any provision of this Act. The burden shall
be on the | 20 |
| public body to establish that its refusal to permit public | 21 |
| inspection
or copying is in accordance with the provisions of | 22 |
| this Act. Any public body that asserts that a record is exempt | 23 |
| from disclosure has the burden of proving that it is exempt by | 24 |
| clear and convincing evidence.
| 25 |
| (g) In the event of noncompliance with an order of the | 26 |
| court to disclose,
the court may enforce its order against any |
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| public official or employee
so ordered or primarily responsible | 2 |
| for such noncompliance through the court's
contempt powers.
| 3 |
| (h) Except as to causes the court considers to be of | 4 |
| greater importance,
proceedings arising under this Section | 5 |
| shall take precedence on the docket
over all other causes and | 6 |
| be assigned for hearing and trial at the earliest
practicable | 7 |
| date and expedited in every way.
| 8 |
| (i) If the court determines in a proceeding under this | 9 |
| Section that a person seeking the right to inspect or receive a | 10 |
| copy of a public
record was entitled to the record, or a | 11 |
| portion thereof substantially prevails in a
proceeding under | 12 |
| this Section , the court shall may award such
person reasonable | 13 |
| attorneys' fees and costs. The court may also award reasonable | 14 |
| attorney fees and costs of litigation or an appropriate portion | 15 |
| thereof to a public body if the court finds that a suit filed | 16 |
| under this Section was frivolous. If, however, the court finds
| 17 |
| that the fundamental purpose of the request
was to further the | 18 |
| commercial interests of the requestor, the court may award
| 19 |
| reasonable attorneys' fees and costs if the court finds that | 20 |
| the
record or records in question were of clearly significant | 21 |
| interest to the
general public and that the public body lacked | 22 |
| any reasonable
basis in law for withholding the record.
| 23 |
| (j) If the court determines that a public body willfully | 24 |
| and intentionally failed to comply with a request for | 25 |
| inspection or copies of public records, or otherwise acted in | 26 |
| bad faith, the court shall also impose upon the public body a |
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| civil penalty of not less that $100 nor more than $1000 for | 2 |
| each occurrence. In assessing the civil penalty, the court | 3 |
| shall consider in aggravation or mitigation whether the public | 4 |
| body has previously been assessed penalties for violations of | 5 |
| this Act. | 6 |
| (Source: P.A. 93-466, eff. 1-1-04.)
| 7 |
| (5 ILCS 140/11.5 new) | 8 |
| Sec. 11.5. Criminal offense. The imposition of civil | 9 |
| penalties set out in Section 11 notwithstanding, any person who | 10 |
| knowingly and willfully violates any of the provisions of this | 11 |
| Act shall be guilty of a Class C misdemeanor.
| 12 |
| (5 ILCS 140/7.1 rep.)
| 13 |
| (5 ILCS 140/8 rep.)
| 14 |
| (5 ILCS 140/10 rep.)
| 15 |
| Section 10. The Freedom of Information Act is amended by | 16 |
| repealing Sections 7.1, 8, and 10. | 17 |
| Section 15. The Whistleblower Act is amended by changing | 18 |
| Section 20 as follows:
| 19 |
| (740 ILCS 174/20)
| 20 |
| Sec. 20. Retaliation for certain refusals prohibited. An | 21 |
| employer
may not retaliate against an employee for refusing to | 22 |
| participate in an
activity that would result in a violation of |
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| a State or federal law,
rule, or
regulation , including, but not | 2 |
| limited to, violations of the Freedom of Information Act .
| 3 |
| (Source: P.A. 93-544, eff. 1-1-04.)
| 4 |
| Section 95. No acceleration or delay. Where this Act makes | 5 |
| changes in a statute that is represented in this Act by text | 6 |
| that is not yet or no longer in effect (for example, a Section | 7 |
| represented by multiple versions), the use of that text does | 8 |
| not accelerate or delay the taking effect of (i) the changes | 9 |
| made by this Act or (ii) provisions derived from any other | 10 |
| Public Act.".
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|