Full Text of HB2352 96th General Assembly
HB2352eng 96TH GENERAL ASSEMBLY
|
|
|
HB2352 Engrossed |
|
LRB096 09133 MJR 19282 b |
|
| 1 |
| AN ACT concerning higher education credit card marketing.
| 2 |
| WHEREAS, in 2005, student loan provider Nellie Mae found | 3 |
| that over half of all students graduating from an undergraduate | 4 |
| program of study had an average of 4 credit cards and an | 5 |
| average outstanding balance of $3,000; and
| 6 |
| WHEREAS, credit card debt compounds the significant | 7 |
| student loan debt that many students pursuing an undergraduate | 8 |
| education have assumed; and | 9 |
| WHEREAS, the cost of attending a program of undergraduate | 10 |
| study has increased significantly in recent years; and | 11 |
| WHEREAS, the historically cash-strapped undergraduate | 12 |
| student is particularly vulnerable to the activities of | 13 |
| predatory lenders; and | 14 |
| WHEREAS, the General Assembly finds that it is in the best | 15 |
| interest of the State of Illinois to ensure that its | 16 |
| institutions of higher education prepare students to handle | 17 |
| credit and debt responsibly; therefore | 18 |
| Be it enacted by the People of the State of Illinois,
| 19 |
| represented in the General Assembly:
|
|
|
|
HB2352 Engrossed |
- 2 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| Section 1. Short title. This Act may be cited as the Credit | 2 |
| Card Marketing Act of 2009. | 3 |
| Section 5. Definitions. As used in this Act: | 4 |
| "Credit card" means a card or device issued under an | 5 |
| agreement by which the credit card issuer gives to a cardholder | 6 |
| residing in the State of Illinois the privilege of obtaining | 7 |
| credit from the credit card issuer or another person in | 8 |
| connection with the purchase or lease of goods or services | 9 |
| primarily for personal, family, or household use. | 10 |
| "Credit card issuer" means a financial institution, a | 11 |
| lender other than a financial institution, or a merchant that | 12 |
| receives applications and issues credit cards to individuals. | 13 |
| "Credit card marketing activity" means any action designed | 14 |
| to promote the completion of an application by a student to | 15 |
| qualify to receive a credit card. Credit card marketing | 16 |
| activity includes, but is not limited to, the act of placing a | 17 |
| display or poster together with credit card applications on a | 18 |
| campus of an institution of higher education in the State of | 19 |
| Illinois, whether or not an employee or agent of the credit | 20 |
| card issuer attends the display. "Credit card marketing | 21 |
| activity" does not include promotional activity of a credit | 22 |
| card issuer in a newspaper, magazine, or other similar | 23 |
| publication or within the physical location of a financial | 24 |
| services business located on the campus of an institution of | 25 |
| higher education, when that activity is conducted as a part of |
|
|
|
HB2352 Engrossed |
- 3 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| the financial services business's regular course of business. | 2 |
| "Institution of higher education" means any publicly or | 3 |
| privately operated university, college, community college, | 4 |
| junior college, business, technical or vocational school, or | 5 |
| other educational institution offering degrees and instruction | 6 |
| beyond the secondary school level. | 7 |
| "Student pursuing an undergraduate education" means any | 8 |
| individual under the age of 21 admitted to or applying for | 9 |
| admission to an institution of higher education, or enrolled on | 10 |
| a full or part time basis in a course or program of academic, | 11 |
| business, or vocational instruction offered by or through an | 12 |
| institution of higher education, where credits earned could be | 13 |
| applied toward the earning of a bachelors or associates degree.
| 14 |
| "Tangible personal property" means personal property that | 15 |
| can be seen, weighed, measured, or touched, or that is in any | 16 |
| other matter perceptible to the senses, including, but not | 17 |
| limited to, gift cards, t-shirts, and other giveaways. | 18 |
| Section 10. Financial education. Any institution of higher | 19 |
| education that enters into an agreement to market credit cards | 20 |
| to students pursuing an undergraduate education, or that allows | 21 |
| its student groups, alumni associations, or affiliates to enter | 22 |
| into such agreements must make a financial education program | 23 |
| available to all students. Additionally, an institution of | 24 |
| higher education shall make available to all its students, via | 25 |
| posting in a conspicuous location on its web pages, the |
|
|
|
HB2352 Engrossed |
- 4 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| financial education information required by this Section. The | 2 |
| financial education program shall include, at a minimum: | 3 |
| (1) an explanation of the consequences of not paying | 4 |
| credit card balances in full within the time specified by | 5 |
| the billing statement, including an explanation of the | 6 |
| methods employed by credit card issuers to compute interest | 7 |
| on unpaid balances; | 8 |
| (2) an explanation of common industry practices that | 9 |
| have a negative impact to consumer credit card holders; | 10 |
| current examples include low introductory rates, a | 11 |
| description of acts on the part of cardholder that would | 12 |
| cause an immediate shift to a higher interest rate, and | 13 |
| complex timing calculations which can trigger higher | 14 |
| rates; | 15 |
| (3) examples illustrating the length of time it will | 16 |
| take to pay off various balance amounts if only the minimum | 17 |
| monthly payment required under the agreement is paid; | 18 |
| (4) an explanation of credit related terms, including | 19 |
| but not limited to fixed rates, variable rates, | 20 |
| introductory rates, balance transfers, grace periods, and | 21 |
| annual fees; | 22 |
| (5) information concerning the federal government's | 23 |
| opt-out program to limit credit card solicitations, and how | 24 |
| students may participate in it; and | 25 |
| (6) an explanation of the impact of and potential | 26 |
| consequences that could result from using a debit card for |
|
|
|
HB2352 Engrossed |
- 5 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| purchases that exceed the deposits in the account tied to | 2 |
| the debit card.
| 3 |
| Section 15. Disclosure of agreements with credit card | 4 |
| issuers.
| 5 |
| (a) Any institution of higher education, including its | 6 |
| agents, employees, or student or alumni organizations, or | 7 |
| affiliates that receives any funds or items of value from the | 8 |
| distribution of applications for credit cards to students | 9 |
| pursuing an undergraduate education, or whose student groups, | 10 |
| alumni associations or affiliates, or both, receive funds or | 11 |
| items of value from the distribution, must disclose the | 12 |
| following: | 13 |
| (1) the name of the credit card issuer that has entered | 14 |
| into an agreement with the institution of higher education; | 15 |
| (2) the nature of the institution of higher education's | 16 |
| relationship with the credit card issuer, including the | 17 |
| amount of funds or other items of value received from the | 18 |
| arrangement; and | 19 |
| (3) the way in which those funds were expended during | 20 |
| the previous school year. | 21 |
| (b) Disclosures must appear in the following locations: | 22 |
| (1) in a conspicuous location on the webpages of the | 23 |
| institution of higher education; | 24 |
| (2) in an annual report to the Illinois Board of Higher | 25 |
| Education; and |
|
|
|
HB2352 Engrossed |
- 6 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| (3) in any notices mailed to students marketing or | 2 |
| promoting the credit card. | 3 |
| (c) To the extent that the institution of higher education | 4 |
| is a State or government entity receiving public funds and | 5 |
| otherwise subject to the Freedom of Information Act, all | 6 |
| agreements with credit card issuers shall be subject to | 7 |
| disclosure to any requester pursuant to the Freedom of | 8 |
| Information Act. | 9 |
| (d) This Section applies to all contracts or agreements | 10 |
| entered into after the effective date of this Act. Nothing in | 11 |
| this Section is intended to or shall impair the obligations, | 12 |
| terms, conditions, or value of contracts between credit card | 13 |
| issuers and institutions of higher education that were entered | 14 |
| into before the effective date of this Act.
| 15 |
| Section 20. Gifts and inducements. No institution of higher | 16 |
| education shall knowingly allow on its campus credit card | 17 |
| marketing activity that involves the offer of gifts, coupons, | 18 |
| or other tangible personal property to students pursuing an | 19 |
| undergraduate education where the ultimate goal is to induce a | 20 |
| student to complete an application for a credit card. All | 21 |
| institutions of higher education shall prohibit their | 22 |
| students, student groups, alumni associations, or affiliates | 23 |
| from providing gifts, coupons, or other tangible personal | 24 |
| property to students pursuing an undergraduate education where | 25 |
| the ultimate goal is to induce a student to complete an |
|
|
|
HB2352 Engrossed |
- 7 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| application for a credit card. | 2 |
| Section 25. Provision of student information prohibited. | 3 |
| Institutions of higher education, including their agents, | 4 |
| employees, student groups, alumni organizations, or any | 5 |
| affiliates may not provide to a business organization or | 6 |
| financial institution for purposes of marketing credit cards | 7 |
| the following information about students pursuing an | 8 |
| undergraduate education: (i) name, (ii) address, (iii) | 9 |
| telephone number, (iv) social security number, (v) e-mail | 10 |
| address, or (vi) other personally identifying information. | 11 |
| This requirement is waived if the student pursuing an | 12 |
| undergraduate education is 21 years of age or older. | 13 |
| Section 30. Enforcement; violations. Whenever the Attorney | 14 |
| General has reason to believe that any institution of higher | 15 |
| education is knowingly using, has used, or is about to use any | 16 |
| method, act, or practice in violation of this Act, or knows or | 17 |
| should have reason to know that agents, employees, students, | 18 |
| student groups, alumni associations, or affiliates used or are | 19 |
| about to use any method, act, or practice in violation of this | 20 |
| Act, the Attorney General may bring an action in the name of | 21 |
| the State against any institution of higher education to | 22 |
| restrain and prevent any violation of this Act and seek | 23 |
| penalties in amounts up to $1000 per incident. |
|
|
|
HB2352 Engrossed |
- 8 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| Section 35. Attorney General; investigations; issuance of | 2 |
| subpoenas. | 3 |
| (a) The Attorney General may conduct any investigation | 4 |
| deemed necessary regarding possible violations of this Act | 5 |
| including, but not limited to, the issuance of subpoenas to:
| 6 |
| (1) require the filing of a statement or report or | 7 |
| answer interrogatories in writing as to all information | 8 |
| relevant to the alleged violations; | 9 |
| (2) examine under oath any person who possesses | 10 |
| knowledge or information directly related to the alleged | 11 |
| violations; and | 12 |
| (3) examine any record, book, document, account, or | 13 |
| paper necessary to investigate the alleged violation. | 14 |
| (b) Service by the Attorney General of any notice requiring | 15 |
| a person to file a statement or report, or of a subpoena upon | 16 |
| any person, shall be made: | 17 |
| (1) personally by delivery of a duly executed copy | 18 |
| thereof to the person to be served or, if the person is not | 19 |
| a natural person, in the manner provided in the Code of | 20 |
| Civil Procedure when a complaint is filed; or | 21 |
| (2) by mailing by certified mail a duly executed copy | 22 |
| thereof to the person to be served at his or her last known | 23 |
| abode or principal place of business within this State. | 24 |
| (c) If any person fails or refuses to file any statement or | 25 |
| report, or obey any subpoena issued by the Attorney General, | 26 |
| then the Attorney General may file a complaint in the circuit |
|
|
|
HB2352 Engrossed |
- 9 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| court for the: | 2 |
| (1) granting of injunctive relief, restraining the | 3 |
| sale or advertisement of any merchandise by such persons, | 4 |
| or the conduct of any trade or commerce that is involved; | 5 |
| and | 6 |
| (2) granting of such other relief as may be required; | 7 |
| until the person files the statement or report, or obeys | 8 |
| the subpoena.
| 9 |
| Section 97. Severability. The provisions of this Act are | 10 |
| severable under Section 1.31 of the Statute on Statutes. | 11 |
| Section 900. The Freedom of Information Act is amended by | 12 |
| changing Sections 2 and 7 as follows:
| 13 |
| (5 ILCS 140/2) (from Ch. 116, par. 202)
| 14 |
| Sec. 2. Definitions. As used in this Act:
| 15 |
| (a) "Public body" means any legislative,
executive, | 16 |
| administrative, or advisory bodies of the State, state | 17 |
| universities
and colleges, counties, townships, cities, | 18 |
| villages, incorporated towns,
school districts and all other | 19 |
| municipal corporations,
boards, bureaus, committees, or | 20 |
| commissions of this State, any
subsidiary
bodies of any of the | 21 |
| foregoing including but not limited to committees and
| 22 |
| subcommittees which are supported in whole or in part by tax | 23 |
| revenue, or
which expend tax revenue, and a School Finance |
|
|
|
HB2352 Engrossed |
- 10 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| Authority created under
Article 1E of the School Code.
"Public | 2 |
| body" does not include a child death review team
or the | 3 |
| Illinois Child Death Review Teams
Executive Council
| 4 |
| established under
the Child Death Review Team Act.
| 5 |
| (b) "Person" means any individual, corporation, | 6 |
| partnership, firm,
organization
or association, acting | 7 |
| individually or as a group.
| 8 |
| (c) "Public records" means all records, reports, forms, | 9 |
| writings, letters,
memoranda, books, papers, maps, | 10 |
| photographs, microfilms, cards, tapes,
recordings,
electronic | 11 |
| data processing records, recorded information and all other
| 12 |
| documentary
materials, regardless of physical form or | 13 |
| characteristics, having been
prepared, or having been or being | 14 |
| used, received, possessed or under the
control
of
any public | 15 |
| body. "Public records" includes, but is expressly not limited
| 16 |
| to: (i) administrative manuals, procedural rules, and | 17 |
| instructions to staff,
unless exempted by Section 7(p) of this | 18 |
| Act; (ii) final opinions and orders
made in the adjudication of | 19 |
| cases, except an educational institution's
adjudication of
| 20 |
| student or employee grievance or disciplinary cases; (iii) | 21 |
| substantive rules;
(iv) statements and
interpretations of | 22 |
| policy which have been adopted by a public body; (v)
final | 23 |
| planning policies, recommendations, and decisions; (vi) | 24 |
| factual reports,
inspection reports, and studies whether | 25 |
| prepared by or for the public body;
(vii) all information in | 26 |
| any account, voucher, or contract dealing with
the receipt or |
|
|
|
HB2352 Engrossed |
- 11 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| expenditure of public or other funds of public bodies; (viii)
| 2 |
| the names, salaries, titles, and dates of employment of all | 3 |
| employees and
officers of public bodies; (ix) materials | 4 |
| containing opinions concerning
the rights of the state, the | 5 |
| public, a subdivision of state or a local
government,
or of any | 6 |
| private persons; (x) the name of every official and the final
| 7 |
| records of voting in all proceedings of public bodies; (xi) | 8 |
| applications
for any contract, permit, grant, or agreement | 9 |
| except as exempted from
disclosure
by subsection (g) of Section | 10 |
| 7 of this Act; (xii) each report, document,
study, or | 11 |
| publication prepared by independent consultants or other | 12 |
| independent
contractors for the public body; (xiii) all other | 13 |
| information required by
law to be made available for public | 14 |
| inspection or copying;
(xiv) information relating to any grant | 15 |
| or contract made by or between a
public body and another public | 16 |
| body or private organization; (xv)
waiver documents filed with | 17 |
| the State Superintendent of Education or the
president of the | 18 |
| University of Illinois under Section 30-12.5 of the School
| 19 |
| Code, concerning nominees for
General Assembly scholarships | 20 |
| under
Sections 30-9, 30-10, and 30-11 of the School Code; (xvi)
| 21 |
| complaints,
results of complaints, and Department of Children | 22 |
| and Family Services staff
findings of licensing violations at | 23 |
| day care facilities, provided that personal
and identifying | 24 |
| information is not released; and (xvii) records, reports,
| 25 |
| forms, writings, letters, memoranda, books, papers, and other | 26 |
| documentary
information, regardless of physical form or |
|
|
|
HB2352 Engrossed |
- 12 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| characteristics, having been
prepared, or having been or being | 2 |
| used, received, possessed, or under the
control of the Illinois | 3 |
| Sports Facilities Authority dealing with the receipt or
| 4 |
| expenditure of public funds or other funds of the Authority in | 5 |
| connection with
the reconstruction, renovation, remodeling, | 6 |
| extension, or improvement of all or
substantially all of an | 7 |
| existing "facility" as that term is defined in the
Illinois | 8 |
| Sports Facilities Authority Act ; and (xviii) reports prepared | 9 |
| by institutions of higher education in the State of Illinois | 10 |
| documenting their relationship with credit card issuers, | 11 |
| otherwise disclosed to the Illinois Board of Higher Education .
| 12 |
| (d) "Copying" means the reproduction of any public record | 13 |
| by means of any
photographic, electronic, mechanical or other | 14 |
| process, device or means.
| 15 |
| (e) "Head of the public body" means the president, mayor, | 16 |
| chairman,
presiding
officer, director, superintendent, | 17 |
| manager, supervisor or individual otherwise
holding primary | 18 |
| executive and administrative authority for the public
body, or | 19 |
| such person's duly authorized designee.
| 20 |
| (f) "News media" means a newspaper or other periodical | 21 |
| issued at regular
intervals whether in print or electronic | 22 |
| format, a news service whether
in print or electronic format, a | 23 |
| radio
station, a television station, a television network, a | 24 |
| community
antenna television service, or a person or | 25 |
| corporation engaged in making news
reels or other motion | 26 |
| picture news for public showing.
|
|
|
|
HB2352 Engrossed |
- 13 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| (Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01; | 2 |
| 92-468, eff.
8-22-01; 92-547, eff. 6-13-02; 92-651, eff. | 3 |
| 7-11-02.)
| 4 |
| (5 ILCS 140/7) (from Ch. 116, par. 207) | 5 |
| (Text of Section before amendment by P.A. 95-988 ) | 6 |
| Sec. 7. Exemptions.
| 7 |
| (1) The following shall be exempt from inspection and | 8 |
| copying:
| 9 |
| (a) Information specifically prohibited from | 10 |
| disclosure by federal or
State law or rules and regulations | 11 |
| adopted under federal or State law.
| 12 |
| (b) Information that, if disclosed, would constitute a | 13 |
| clearly
unwarranted invasion of personal privacy, unless | 14 |
| the disclosure is
consented to in writing by the individual | 15 |
| subjects of the information. The
disclosure of information | 16 |
| that bears on the public duties of public
employees and | 17 |
| officials shall not be considered an invasion of personal
| 18 |
| privacy. Information exempted under this subsection (b) | 19 |
| shall include but
is not limited to:
| 20 |
| (i) files and personal information maintained with | 21 |
| respect to
clients, patients, residents, students or | 22 |
| other individuals receiving
social, medical, | 23 |
| educational, vocational, financial, supervisory or
| 24 |
| custodial care or services directly or indirectly from | 25 |
| federal agencies
or public bodies;
|
|
|
|
HB2352 Engrossed |
- 14 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| (ii) personnel files and personal information | 2 |
| maintained with
respect to employees, appointees or | 3 |
| elected officials of any public body or
applicants for | 4 |
| those positions;
| 5 |
| (iii) files and personal information maintained | 6 |
| with respect to any
applicant, registrant or licensee | 7 |
| by any public body cooperating with or
engaged in | 8 |
| professional or occupational registration, licensure | 9 |
| or discipline;
| 10 |
| (iv) information required of any taxpayer in | 11 |
| connection with the
assessment or collection of any tax | 12 |
| unless disclosure is otherwise required
by State | 13 |
| statute;
| 14 |
| (v) information revealing the identity of persons | 15 |
| who file complaints
with or provide information to | 16 |
| administrative, investigative, law enforcement
or | 17 |
| penal agencies; provided, however, that identification | 18 |
| of witnesses to
traffic accidents, traffic accident | 19 |
| reports, and rescue reports may be provided
by agencies | 20 |
| of local government, except in a case for which a | 21 |
| criminal
investigation is ongoing, without | 22 |
| constituting a clearly unwarranted per se
invasion of | 23 |
| personal privacy under this subsection; and
| 24 |
| (vi) the names, addresses, or other personal | 25 |
| information of
participants and registrants in park | 26 |
| district, forest preserve district, and
conservation |
|
|
|
HB2352 Engrossed |
- 15 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| district programs.
| 2 |
| (c) Records compiled by any public body for | 3 |
| administrative enforcement
proceedings and any law | 4 |
| enforcement or correctional agency for
law enforcement | 5 |
| purposes or for internal matters of a public body,
but only | 6 |
| to the extent that disclosure would:
| 7 |
| (i) interfere with pending or actually and | 8 |
| reasonably contemplated
law enforcement proceedings | 9 |
| conducted by any law enforcement or correctional
| 10 |
| agency;
| 11 |
| (ii) interfere with pending administrative | 12 |
| enforcement proceedings
conducted by any public body;
| 13 |
| (iii) deprive a person of a fair trial or an | 14 |
| impartial hearing;
| 15 |
| (iv) unavoidably disclose the identity of a | 16 |
| confidential source or
confidential information | 17 |
| furnished only by the confidential source;
| 18 |
| (v) disclose unique or specialized investigative | 19 |
| techniques other than
those generally used and known or | 20 |
| disclose internal documents of
correctional agencies | 21 |
| related to detection, observation or investigation of
| 22 |
| incidents of crime or misconduct;
| 23 |
| (vi) constitute an invasion of personal privacy | 24 |
| under subsection (b) of
this Section;
| 25 |
| (vii) endanger the life or physical safety of law | 26 |
| enforcement personnel
or any other person; or
|
|
|
|
HB2352 Engrossed |
- 16 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| (viii) obstruct an ongoing criminal investigation.
| 2 |
| (d) Criminal history record information maintained by | 3 |
| State or local
criminal justice agencies, except the | 4 |
| following which shall be open for
public inspection and | 5 |
| copying:
| 6 |
| (i) chronologically maintained arrest information, | 7 |
| such as traditional
arrest logs or blotters;
| 8 |
| (ii) the name of a person in the custody of a law | 9 |
| enforcement agency and
the charges for which that | 10 |
| person is being held;
| 11 |
| (iii) court records that are public;
| 12 |
| (iv) records that are otherwise available under | 13 |
| State or local law; or
| 14 |
| (v) records in which the requesting party is the | 15 |
| individual
identified, except as provided under part | 16 |
| (vii) of
paragraph (c) of subsection (1) of this | 17 |
| Section.
| 18 |
| "Criminal history record information" means data | 19 |
| identifiable to an
individual and consisting of | 20 |
| descriptions or notations of arrests,
detentions, | 21 |
| indictments, informations, pre-trial proceedings, trials, | 22 |
| or
other formal events in the criminal justice system or | 23 |
| descriptions or
notations of criminal charges (including | 24 |
| criminal violations of local
municipal ordinances) and the | 25 |
| nature of any disposition arising therefrom,
including | 26 |
| sentencing, court or correctional supervision, |
|
|
|
HB2352 Engrossed |
- 17 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| rehabilitation and
release. The term does not apply to | 2 |
| statistical records and reports in
which individuals are | 3 |
| not identified and from which
their identities are not | 4 |
| ascertainable, or to information that is for
criminal | 5 |
| investigative or intelligence purposes.
| 6 |
| (e) Records that relate to or affect the security of | 7 |
| correctional
institutions and detention facilities.
| 8 |
| (f) Preliminary drafts, notes, recommendations, | 9 |
| memoranda and other
records in which opinions are | 10 |
| expressed, or policies or actions are
formulated, except | 11 |
| that a specific record or relevant portion of a
record | 12 |
| shall not be exempt when the record is publicly cited
and | 13 |
| identified by the head of the public body. The exemption | 14 |
| provided in
this paragraph (f) extends to all those records | 15 |
| of officers and agencies
of the General Assembly that | 16 |
| pertain to the preparation of legislative
documents.
| 17 |
| (g) Trade secrets and commercial or financial | 18 |
| information obtained from
a person or business where the | 19 |
| trade secrets or information are
proprietary, privileged | 20 |
| or confidential, or where disclosure of the trade
secrets | 21 |
| or information may cause competitive harm, including: | 22 |
| (i) All
information determined to be confidential | 23 |
| under Section 4002 of the
Technology Advancement and | 24 |
| Development Act. | 25 |
| (ii) All trade secrets and commercial or financial | 26 |
| information obtained by a public body, including a |
|
|
|
HB2352 Engrossed |
- 18 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| public pension fund, from a private equity fund or a | 2 |
| privately held company within the investment portfolio | 3 |
| of a private equity fund as a result of either | 4 |
| investing or evaluating a potential investment of | 5 |
| public funds in a private equity fund. The exemption | 6 |
| contained in this item does not apply to the aggregate | 7 |
| financial performance information of a private equity | 8 |
| fund, nor to the identity of the fund's managers or | 9 |
| general partners. The exemption contained in this item | 10 |
| does not apply to the identity of a privately held | 11 |
| company within the investment portfolio of a private | 12 |
| equity fund, unless the disclosure of the identity of a | 13 |
| privately held company may cause competitive harm.
| 14 |
| Nothing contained in this
paragraph (g) shall be construed | 15 |
| to prevent a person or business from
consenting to disclosure.
| 16 |
| (h) Proposals and bids for any contract, grant, or | 17 |
| agreement, including
information which if it were | 18 |
| disclosed would frustrate procurement or give
an advantage | 19 |
| to any person proposing to enter into a contractor | 20 |
| agreement
with the body, until an award or final selection | 21 |
| is made. Information
prepared by or for the body in | 22 |
| preparation of a bid solicitation shall be
exempt until an | 23 |
| award or final selection is made.
| 24 |
| (i) Valuable formulae,
computer geographic systems,
| 25 |
| designs, drawings and research data obtained or
produced by | 26 |
| any public body when disclosure could reasonably be |
|
|
|
HB2352 Engrossed |
- 19 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| expected to
produce private gain or public loss.
The | 2 |
| exemption for "computer geographic systems" provided in | 3 |
| this paragraph
(i) does not extend to requests made by news | 4 |
| media as defined in Section 2 of
this Act when the | 5 |
| requested information is not otherwise exempt and the only
| 6 |
| purpose of the request is to access and disseminate | 7 |
| information regarding the
health, safety, welfare, or | 8 |
| legal rights of the general public.
| 9 |
| (j) Test questions, scoring keys and other examination | 10 |
| data used to
administer an academic examination or | 11 |
| determined the qualifications of an
applicant for a license | 12 |
| or employment.
| 13 |
| (k) Architects' plans, engineers' technical | 14 |
| submissions, and
other
construction related technical | 15 |
| documents for
projects not constructed or developed in | 16 |
| whole or in part with public funds
and the same for | 17 |
| projects constructed or developed with public funds, but
| 18 |
| only to the extent
that disclosure would compromise | 19 |
| security, including but not limited to water
treatment | 20 |
| facilities, airport facilities, sport stadiums, convention | 21 |
| centers,
and all government owned, operated, or occupied | 22 |
| buildings.
| 23 |
| (l) Library circulation and order records identifying | 24 |
| library users with
specific materials.
| 25 |
| (m) Minutes of meetings of public bodies closed to the
| 26 |
| public as provided in the Open Meetings Act until the |
|
|
|
HB2352 Engrossed |
- 20 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| public body
makes the minutes available to the public under | 2 |
| Section 2.06 of the Open
Meetings Act.
| 3 |
| (n) Communications between a public body and an | 4 |
| attorney or auditor
representing the public body that would | 5 |
| not be subject to discovery in
litigation, and materials | 6 |
| prepared or compiled by or for a public body in
| 7 |
| anticipation of a criminal, civil or administrative | 8 |
| proceeding upon the
request of an attorney advising the | 9 |
| public body, and materials prepared or
compiled with | 10 |
| respect to internal audits of public bodies.
| 11 |
| (o) Information received by a primary or secondary | 12 |
| school, college or
university under its procedures for the | 13 |
| evaluation of faculty members by
their academic peers.
| 14 |
| (p) Administrative or technical information associated | 15 |
| with automated
data processing operations, including but | 16 |
| not limited to software,
operating protocols, computer | 17 |
| program abstracts, file layouts, source
listings, object | 18 |
| modules, load modules, user guides, documentation
| 19 |
| pertaining to all logical and physical design of | 20 |
| computerized systems,
employee manuals, and any other | 21 |
| information that, if disclosed, would
jeopardize the | 22 |
| security of the system or its data or the security of
| 23 |
| materials exempt under this Section.
| 24 |
| (q) Documents or materials relating to collective | 25 |
| negotiating matters
between public bodies and their | 26 |
| employees or representatives, except that
any final |
|
|
|
HB2352 Engrossed |
- 21 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| contract or agreement shall be subject to inspection and | 2 |
| copying.
| 3 |
| (r) Drafts, notes, recommendations and memoranda | 4 |
| pertaining to the
financing and marketing transactions of | 5 |
| the public body. The records of
ownership, registration, | 6 |
| transfer, and exchange of municipal debt
obligations, and | 7 |
| of persons to whom payment with respect to these | 8 |
| obligations
is made.
| 9 |
| (s) The records, documents and information relating to | 10 |
| real estate
purchase negotiations until those negotiations | 11 |
| have been completed or
otherwise terminated. With regard to | 12 |
| a parcel involved in a pending or
actually and reasonably | 13 |
| contemplated eminent domain proceeding under the Eminent | 14 |
| Domain Act, records, documents and
information relating to | 15 |
| that parcel shall be exempt except as may be
allowed under | 16 |
| discovery rules adopted by the Illinois Supreme Court. The
| 17 |
| records, documents and information relating to a real | 18 |
| estate sale shall be
exempt until a sale is consummated.
| 19 |
| (t) Any and all proprietary information and records | 20 |
| related to the
operation of an intergovernmental risk | 21 |
| management association or
self-insurance pool or jointly | 22 |
| self-administered health and accident
cooperative or pool.
| 23 |
| (u) Information concerning a university's adjudication | 24 |
| of student or
employee grievance or disciplinary cases, to | 25 |
| the extent that disclosure
would reveal the identity of the | 26 |
| student or employee and information
concerning any public |
|
|
|
HB2352 Engrossed |
- 22 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| body's adjudication of student or employee grievances
or | 2 |
| disciplinary cases, except for the final outcome of the | 3 |
| cases.
| 4 |
| (v) Course materials or research materials used by | 5 |
| faculty members.
| 6 |
| (w) Information related solely to the internal | 7 |
| personnel rules and
practices of a public body.
| 8 |
| (x) Information contained in or related to | 9 |
| examination, operating, or
condition reports prepared by, | 10 |
| on behalf of, or for the use of a public
body responsible | 11 |
| for the regulation or supervision of financial
| 12 |
| institutions or insurance companies, unless disclosure is | 13 |
| otherwise
required by State law.
| 14 |
| (y) Information the disclosure of which is restricted | 15 |
| under Section
5-108 of the Public Utilities Act.
| 16 |
| (z) Manuals or instruction to staff that relate to | 17 |
| establishment or
collection of liability for any State tax | 18 |
| or that relate to investigations
by a public body to | 19 |
| determine violation of any criminal law.
| 20 |
| (aa) Applications, related documents, and medical | 21 |
| records received by
the Experimental Organ Transplantation | 22 |
| Procedures Board and any and all
documents or other records | 23 |
| prepared by the Experimental Organ
Transplantation | 24 |
| Procedures Board or its staff relating to applications
it | 25 |
| has received.
| 26 |
| (bb) Insurance or self insurance (including any |
|
|
|
HB2352 Engrossed |
- 23 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| intergovernmental risk
management association or self | 2 |
| insurance pool) claims, loss or risk
management | 3 |
| information, records, data, advice or communications.
| 4 |
| (cc) Information and records held by the Department of | 5 |
| Public Health and
its authorized representatives relating | 6 |
| to known or suspected cases of
sexually transmissible | 7 |
| disease or any information the disclosure of which
is | 8 |
| restricted under the Illinois Sexually Transmissible | 9 |
| Disease Control Act.
| 10 |
| (dd) Information the disclosure of which is exempted | 11 |
| under Section 30
of the Radon Industry Licensing Act.
| 12 |
| (ee) Firm performance evaluations under Section 55 of | 13 |
| the
Architectural, Engineering, and Land Surveying | 14 |
| Qualifications Based
Selection Act.
| 15 |
| (ff) Security portions of system safety program plans, | 16 |
| investigation
reports, surveys, schedules, lists, data, or | 17 |
| information compiled, collected,
or prepared by or for the | 18 |
| Regional Transportation Authority under Section 2.11
of | 19 |
| the Regional Transportation Authority Act or the St. Clair | 20 |
| County Transit
District under the
Bi-State Transit Safety | 21 |
| Act.
| 22 |
| (gg) Information the disclosure of which is restricted | 23 |
| and
exempted under Section 50 of the Illinois Prepaid | 24 |
| Tuition Act.
| 25 |
| (hh) Information the disclosure of which is
exempted | 26 |
| under the State Officials and Employees Ethics Act.
|
|
|
|
HB2352 Engrossed |
- 24 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| (ii) Beginning July 1, 1999, information that would | 2 |
| disclose
or might lead to the disclosure of
secret or | 3 |
| confidential information, codes, algorithms, programs, or | 4 |
| private
keys intended to be used to create electronic or | 5 |
| digital signatures under the
Electronic Commerce Security | 6 |
| Act.
| 7 |
| (jj) Information contained in a local emergency energy | 8 |
| plan submitted to
a municipality in accordance with a local | 9 |
| emergency energy plan ordinance that
is adopted under | 10 |
| Section 11-21.5-5 of the Illinois Municipal Code.
| 11 |
| (kk) Information and data concerning the distribution | 12 |
| of
surcharge moneys collected and remitted by wireless | 13 |
| carriers under the Wireless
Emergency Telephone Safety | 14 |
| Act.
| 15 |
| (ll) Vulnerability assessments, security measures, and | 16 |
| response policies
or plans that are designed to identify, | 17 |
| prevent, or respond to potential
attacks upon a community's | 18 |
| population or systems, facilities, or installations,
the | 19 |
| destruction or contamination of which would constitute a | 20 |
| clear and present
danger to the health or safety of the | 21 |
| community, but only to the extent that
disclosure could | 22 |
| reasonably be expected to jeopardize the effectiveness of | 23 |
| the
measures or the safety of the personnel who implement | 24 |
| them or the public.
Information exempt under this item may | 25 |
| include such things as details
pertaining to the | 26 |
| mobilization or deployment of personnel or equipment, to |
|
|
|
HB2352 Engrossed |
- 25 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| the
operation of communication systems or protocols, or to | 2 |
| tactical operations.
| 3 |
| (mm) Maps and other records regarding the location or | 4 |
| security of generation, transmission, distribution, | 5 |
| storage, gathering,
treatment, or switching facilities | 6 |
| owned by a utility or by the Illinois Power Agency.
| 7 |
| (nn) Law enforcement officer identification | 8 |
| information or
driver
identification
information compiled | 9 |
| by a law enforcement agency or the Department of
| 10 |
| Transportation
under Section 11-212 of the Illinois | 11 |
| Vehicle Code.
| 12 |
| (oo) Records and information provided to a residential
| 13 |
| health care
facility resident sexual assault
and death | 14 |
| review team or the Executive Council under the Abuse | 15 |
| Prevention Review Team Act.
| 16 |
| (pp) Information provided to the predatory lending | 17 |
| database created pursuant to Article 3 of the Residential | 18 |
| Real Property Disclosure Act, except to the extent | 19 |
| authorized under that Article.
| 20 |
| (qq) Defense budgets and petitions for certification | 21 |
| of compensation and expenses for court appointed trial | 22 |
| counsel as provided under Sections 10 and 15 of the Capital | 23 |
| Crimes Litigation Act. This subsection (qq) shall apply | 24 |
| until the conclusion of the trial of the case, even if the | 25 |
| prosecution chooses not to pursue the death penalty prior | 26 |
| to trial or sentencing.
|
|
|
|
HB2352 Engrossed |
- 26 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| (rr) Information contained in or related to proposals, | 2 |
| bids, or negotiations related to electric power | 3 |
| procurement under Section 1-75 of the Illinois Power Agency | 4 |
| Act and Section 16-111.5 of the Public Utilities Act that | 5 |
| is determined to be confidential and proprietary by the | 6 |
| Illinois Power Agency or by the Illinois Commerce | 7 |
| Commission.
| 8 |
| (ss) Information that is prohibited from being | 9 |
| disclosed under Section 4 of the Illinois Health and | 10 |
| Hazardous Substances Registry Act. | 11 |
| (tt) Information about students exempted from | 12 |
| disclosure under Sections 10-20.38 or 34-18.29 of the School | 13 |
| Code, and information about undergraduate students enrolled at | 14 |
| an institution of higher education exempted from disclosure | 15 |
| under Section 25 of the Illinois Credit Card Marketing Act of | 16 |
| 2009. | 17 |
| (2) This Section does not authorize withholding of | 18 |
| information or limit the
availability of records to the public, | 19 |
| except as stated in this Section or
otherwise provided in this | 20 |
| Act.
| 21 |
| (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, | 22 |
| eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; | 23 |
| 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. | 24 |
| 8-28-07; 95-941, eff. 8-29-08.)
| 25 |
| (Text of Section after amendment by P.A. 95-988 ) |
|
|
|
HB2352 Engrossed |
- 27 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| Sec. 7. Exemptions.
| 2 |
| (1) The following shall be exempt from inspection and | 3 |
| copying:
| 4 |
| (a) Information specifically prohibited from | 5 |
| disclosure by federal or
State law or rules and regulations | 6 |
| adopted under federal or State law.
| 7 |
| (b) Information that, if disclosed, would constitute a | 8 |
| clearly
unwarranted invasion of personal privacy, unless | 9 |
| the disclosure is
consented to in writing by the individual | 10 |
| subjects of the information. The
disclosure of information | 11 |
| that bears on the public duties of public
employees and | 12 |
| officials shall not be considered an invasion of personal
| 13 |
| privacy. Information exempted under this subsection (b) | 14 |
| shall include but
is not limited to:
| 15 |
| (i) files and personal information maintained with | 16 |
| respect to
clients, patients, residents, students or | 17 |
| other individuals receiving
social, medical, | 18 |
| educational, vocational, financial, supervisory or
| 19 |
| custodial care or services directly or indirectly from | 20 |
| federal agencies
or public bodies;
| 21 |
| (ii) personnel files and personal information | 22 |
| maintained with
respect to employees, appointees or | 23 |
| elected officials of any public body or
applicants for | 24 |
| those positions;
| 25 |
| (iii) files and personal information maintained | 26 |
| with respect to any
applicant, registrant or licensee |
|
|
|
HB2352 Engrossed |
- 28 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| by any public body cooperating with or
engaged in | 2 |
| professional or occupational registration, licensure | 3 |
| or discipline;
| 4 |
| (iv) information required of any taxpayer in | 5 |
| connection with the
assessment or collection of any tax | 6 |
| unless disclosure is otherwise required
by State | 7 |
| statute;
| 8 |
| (v) information revealing the identity of persons | 9 |
| who file complaints
with or provide information to | 10 |
| administrative, investigative, law enforcement
or | 11 |
| penal agencies; provided, however, that identification | 12 |
| of witnesses to
traffic accidents, traffic accident | 13 |
| reports, and rescue reports may be provided
by agencies | 14 |
| of local government, except in a case for which a | 15 |
| criminal
investigation is ongoing, without | 16 |
| constituting a clearly unwarranted per se
invasion of | 17 |
| personal privacy under this subsection;
| 18 |
| (vi) the names, addresses, or other personal | 19 |
| information of
participants and registrants in park | 20 |
| district, forest preserve district, and
conservation | 21 |
| district programs; and
| 22 |
| (vii) the Notarial Record or other medium | 23 |
| containing the thumbprint or fingerprint required by | 24 |
| Section 3-102(c)(6) of the Illinois Notary Public Act. | 25 |
| (c) Records compiled by any public body for | 26 |
| administrative enforcement
proceedings and any law |
|
|
|
HB2352 Engrossed |
- 29 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| enforcement or correctional agency for
law enforcement | 2 |
| purposes or for internal matters of a public body,
but only | 3 |
| to the extent that disclosure would:
| 4 |
| (i) interfere with pending or actually and | 5 |
| reasonably contemplated
law enforcement proceedings | 6 |
| conducted by any law enforcement or correctional
| 7 |
| agency;
| 8 |
| (ii) interfere with pending administrative | 9 |
| enforcement proceedings
conducted by any public body;
| 10 |
| (iii) deprive a person of a fair trial or an | 11 |
| impartial hearing;
| 12 |
| (iv) unavoidably disclose the identity of a | 13 |
| confidential source or
confidential information | 14 |
| furnished only by the confidential source;
| 15 |
| (v) disclose unique or specialized investigative | 16 |
| techniques other than
those generally used and known or | 17 |
| disclose internal documents of
correctional agencies | 18 |
| related to detection, observation or investigation of
| 19 |
| incidents of crime or misconduct;
| 20 |
| (vi) constitute an invasion of personal privacy | 21 |
| under subsection (b) of
this Section;
| 22 |
| (vii) endanger the life or physical safety of law | 23 |
| enforcement personnel
or any other person; or
| 24 |
| (viii) obstruct an ongoing criminal investigation.
| 25 |
| (d) Criminal history record information maintained by | 26 |
| State or local
criminal justice agencies, except the |
|
|
|
HB2352 Engrossed |
- 30 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| following which shall be open for
public inspection and | 2 |
| copying:
| 3 |
| (i) chronologically maintained arrest information, | 4 |
| such as traditional
arrest logs or blotters;
| 5 |
| (ii) the name of a person in the custody of a law | 6 |
| enforcement agency and
the charges for which that | 7 |
| person is being held;
| 8 |
| (iii) court records that are public;
| 9 |
| (iv) records that are otherwise available under | 10 |
| State or local law; or
| 11 |
| (v) records in which the requesting party is the | 12 |
| individual
identified, except as provided under part | 13 |
| (vii) of
paragraph (c) of subsection (1) of this | 14 |
| Section.
| 15 |
| "Criminal history record information" means data | 16 |
| identifiable to an
individual and consisting of | 17 |
| descriptions or notations of arrests,
detentions, | 18 |
| indictments, informations, pre-trial proceedings, trials, | 19 |
| or
other formal events in the criminal justice system or | 20 |
| descriptions or
notations of criminal charges (including | 21 |
| criminal violations of local
municipal ordinances) and the | 22 |
| nature of any disposition arising therefrom,
including | 23 |
| sentencing, court or correctional supervision, | 24 |
| rehabilitation and
release. The term does not apply to | 25 |
| statistical records and reports in
which individuals are | 26 |
| not identified and from which
their identities are not |
|
|
|
HB2352 Engrossed |
- 31 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| ascertainable, or to information that is for
criminal | 2 |
| investigative or intelligence purposes.
| 3 |
| (e) Records that relate to or affect the security of | 4 |
| correctional
institutions and detention facilities.
| 5 |
| (f) Preliminary drafts, notes, recommendations, | 6 |
| memoranda and other
records in which opinions are | 7 |
| expressed, or policies or actions are
formulated, except | 8 |
| that a specific record or relevant portion of a
record | 9 |
| shall not be exempt when the record is publicly cited
and | 10 |
| identified by the head of the public body. The exemption | 11 |
| provided in
this paragraph (f) extends to all those records | 12 |
| of officers and agencies
of the General Assembly that | 13 |
| pertain to the preparation of legislative
documents.
| 14 |
| (g) Trade secrets and commercial or financial | 15 |
| information obtained from
a person or business where the | 16 |
| trade secrets or information are
proprietary, privileged | 17 |
| or confidential, or where disclosure of the trade
secrets | 18 |
| or information may cause competitive harm, including: | 19 |
| (i) All
information determined to be confidential | 20 |
| under Section 4002 of the
Technology Advancement and | 21 |
| Development Act. | 22 |
| (ii) All trade secrets and commercial or financial | 23 |
| information obtained by a public body, including a | 24 |
| public pension fund, from a private equity fund or a | 25 |
| privately held company within the investment portfolio | 26 |
| of a private equity fund as a result of either |
|
|
|
HB2352 Engrossed |
- 32 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| investing or evaluating a potential investment of | 2 |
| 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 |
|
|
|
HB2352 Engrossed |
- 33 - |
LRB096 09133 MJR 19282 b |
|
| 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) Test questions, scoring keys and other examination | 7 |
| data used to
administer an academic examination or | 8 |
| determined the qualifications of an
applicant for a license | 9 |
| or employment.
| 10 |
| (k) Architects' plans, engineers' technical | 11 |
| submissions, and
other
construction related technical | 12 |
| documents for
projects not constructed or developed in | 13 |
| whole or in part with public funds
and the same for | 14 |
| projects constructed or developed with public funds, but
| 15 |
| only to the extent
that disclosure would compromise | 16 |
| security, including but not limited to water
treatment | 17 |
| facilities, airport facilities, sport stadiums, convention | 18 |
| centers,
and all government owned, operated, or occupied | 19 |
| buildings.
| 20 |
| (l) Library circulation and order records identifying | 21 |
| library users with
specific materials.
| 22 |
| (m) Minutes of meetings of public bodies closed to the
| 23 |
| public as provided in the Open Meetings Act until the | 24 |
| public body
makes the minutes available to the public under | 25 |
| Section 2.06 of the Open
Meetings Act.
| 26 |
| (n) Communications between a public body and an |
|
|
|
HB2352 Engrossed |
- 34 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| attorney or auditor
representing the public body that would | 2 |
| not be subject to discovery in
litigation, and materials | 3 |
| prepared or compiled by or for a public body in
| 4 |
| anticipation of a criminal, civil or administrative | 5 |
| proceeding upon the
request of an attorney advising the | 6 |
| public body, and materials prepared or
compiled with | 7 |
| respect to internal audits of public bodies.
| 8 |
| (o) Information received by a primary or secondary | 9 |
| school, college or
university under its procedures for the | 10 |
| evaluation of faculty members by
their academic peers.
| 11 |
| (p) Administrative or technical information associated | 12 |
| with automated
data processing operations, including but | 13 |
| not limited to software,
operating protocols, computer | 14 |
| program abstracts, file layouts, source
listings, object | 15 |
| modules, load modules, user guides, documentation
| 16 |
| pertaining to all logical and physical design of | 17 |
| computerized systems,
employee manuals, and any other | 18 |
| information that, if disclosed, would
jeopardize the | 19 |
| security of the system or its data or the security of
| 20 |
| materials exempt under this Section.
| 21 |
| (q) Documents or materials relating to collective | 22 |
| negotiating matters
between public bodies and their | 23 |
| employees or representatives, except that
any final | 24 |
| contract or agreement shall be subject to inspection and | 25 |
| copying.
| 26 |
| (r) Drafts, notes, recommendations and memoranda |
|
|
|
HB2352 Engrossed |
- 35 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| pertaining to the
financing and marketing transactions of | 2 |
| the public body. The records of
ownership, registration, | 3 |
| transfer, and exchange of municipal debt
obligations, and | 4 |
| of persons to whom payment with respect to these | 5 |
| obligations
is made.
| 6 |
| (s) The records, documents and information relating to | 7 |
| real estate
purchase negotiations until those negotiations | 8 |
| have been completed or
otherwise terminated. With regard to | 9 |
| a parcel involved in a pending or
actually and reasonably | 10 |
| contemplated eminent domain proceeding under the Eminent | 11 |
| Domain Act, records, documents and
information relating to | 12 |
| that parcel shall be exempt except as may be
allowed under | 13 |
| discovery rules adopted by the Illinois Supreme Court. The
| 14 |
| records, documents and information relating to a real | 15 |
| estate sale shall be
exempt until a sale is consummated.
| 16 |
| (t) Any and all proprietary information and records | 17 |
| related to the
operation of an intergovernmental risk | 18 |
| management association or
self-insurance pool or jointly | 19 |
| self-administered health and accident
cooperative or pool.
| 20 |
| (u) Information concerning a university's adjudication | 21 |
| of student or
employee grievance or disciplinary cases, to | 22 |
| the extent that disclosure
would reveal the identity of the | 23 |
| student or employee and information
concerning any public | 24 |
| body's adjudication of student or employee grievances
or | 25 |
| disciplinary cases, except for the final outcome of the | 26 |
| cases.
|
|
|
|
HB2352 Engrossed |
- 36 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| (v) Course materials or research materials used by | 2 |
| faculty members.
| 3 |
| (w) Information related solely to the internal | 4 |
| personnel rules and
practices of a public body.
| 5 |
| (x) Information contained in or related to | 6 |
| examination, operating, or
condition reports prepared by, | 7 |
| on behalf of, or for the use of a public
body responsible | 8 |
| for the regulation or supervision of financial
| 9 |
| institutions or insurance companies, unless disclosure is | 10 |
| otherwise
required by State law.
| 11 |
| (y) Information the disclosure of which is restricted | 12 |
| under Section
5-108 of the Public Utilities Act.
| 13 |
| (z) Manuals or instruction to staff that relate to | 14 |
| establishment or
collection of liability for any State tax | 15 |
| or that relate to investigations
by a public body to | 16 |
| determine violation of any criminal law.
| 17 |
| (aa) Applications, related documents, and medical | 18 |
| records received by
the Experimental Organ Transplantation | 19 |
| Procedures Board and any and all
documents or other records | 20 |
| prepared by the Experimental Organ
Transplantation | 21 |
| Procedures Board or its staff relating to applications
it | 22 |
| has received.
| 23 |
| (bb) Insurance or self insurance (including any | 24 |
| intergovernmental risk
management association or self | 25 |
| insurance pool) claims, loss or risk
management | 26 |
| information, records, data, advice or communications.
|
|
|
|
HB2352 Engrossed |
- 37 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| (cc) Information and records held by the Department of | 2 |
| Public Health and
its authorized representatives relating | 3 |
| to known or suspected cases of
sexually transmissible | 4 |
| disease or any information the disclosure of which
is | 5 |
| restricted under the Illinois Sexually Transmissible | 6 |
| Disease Control Act.
| 7 |
| (dd) Information the disclosure of which is exempted | 8 |
| under Section 30
of the Radon Industry Licensing Act.
| 9 |
| (ee) Firm performance evaluations under Section 55 of | 10 |
| the
Architectural, Engineering, and Land Surveying | 11 |
| Qualifications Based
Selection Act.
| 12 |
| (ff) Security portions of system safety program plans, | 13 |
| investigation
reports, surveys, schedules, lists, data, or | 14 |
| information compiled, collected,
or prepared by or for the | 15 |
| Regional Transportation Authority under Section 2.11
of | 16 |
| the Regional Transportation Authority Act or the St. Clair | 17 |
| County Transit
District under the
Bi-State Transit Safety | 18 |
| Act.
| 19 |
| (gg) Information the disclosure of which is restricted | 20 |
| and
exempted under Section 50 of the Illinois Prepaid | 21 |
| Tuition Act.
| 22 |
| (hh) Information the disclosure of which is
exempted | 23 |
| under the State Officials and Employees Ethics Act.
| 24 |
| (ii) Beginning July 1, 1999, information that would | 25 |
| disclose
or might lead to the disclosure of
secret or | 26 |
| confidential information, codes, algorithms, programs, or |
|
|
|
HB2352 Engrossed |
- 38 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| private
keys intended to be used to create electronic or | 2 |
| digital signatures under the
Electronic Commerce Security | 3 |
| Act.
| 4 |
| (jj) Information contained in a local emergency energy | 5 |
| plan submitted to
a municipality in accordance with a local | 6 |
| emergency energy plan ordinance that
is adopted under | 7 |
| Section 11-21.5-5 of the Illinois Municipal Code.
| 8 |
| (kk) Information and data concerning the distribution | 9 |
| of
surcharge moneys collected and remitted by wireless | 10 |
| carriers under the Wireless
Emergency Telephone Safety | 11 |
| Act.
| 12 |
| (ll) Vulnerability assessments, security measures, and | 13 |
| response policies
or plans that are designed to identify, | 14 |
| prevent, or respond to potential
attacks upon a community's | 15 |
| population or systems, facilities, or installations,
the | 16 |
| destruction or contamination of which would constitute a | 17 |
| clear and present
danger to the health or safety of the | 18 |
| community, but only to the extent that
disclosure could | 19 |
| reasonably be expected to jeopardize the effectiveness of | 20 |
| the
measures or the safety of the personnel who implement | 21 |
| them or the public.
Information exempt under this item may | 22 |
| include such things as details
pertaining to the | 23 |
| mobilization or deployment of personnel or equipment, to | 24 |
| the
operation of communication systems or protocols, or to | 25 |
| tactical operations.
| 26 |
| (mm) Maps and other records regarding the location or |
|
|
|
HB2352 Engrossed |
- 39 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| security of generation, transmission, distribution, | 2 |
| storage, gathering,
treatment, or switching facilities | 3 |
| owned by a utility or by the Illinois Power Agency.
| 4 |
| (nn) Law enforcement officer identification | 5 |
| information or
driver
identification
information compiled | 6 |
| by a law enforcement agency or the Department of
| 7 |
| Transportation
under Section 11-212 of the Illinois | 8 |
| Vehicle Code.
| 9 |
| (oo) Records and information provided to a residential
| 10 |
| health care
facility resident sexual assault
and death | 11 |
| review team or the Executive Council under the Abuse | 12 |
| Prevention Review Team Act.
| 13 |
| (pp) Information provided to the predatory lending | 14 |
| database created pursuant to Article 3 of the Residential | 15 |
| Real Property Disclosure Act, except to the extent | 16 |
| authorized under that Article.
| 17 |
| (qq) Defense budgets and petitions for certification | 18 |
| of compensation and expenses for court appointed trial | 19 |
| counsel as provided under Sections 10 and 15 of the Capital | 20 |
| Crimes Litigation Act. This subsection (qq) shall apply | 21 |
| until the conclusion of the trial of the case, even if the | 22 |
| prosecution chooses not to pursue the death penalty prior | 23 |
| to trial or sentencing.
| 24 |
| (rr) Information contained in or related to proposals, | 25 |
| bids, or negotiations related to electric power | 26 |
| procurement under Section 1-75 of the Illinois Power Agency |
|
|
|
HB2352 Engrossed |
- 40 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| Act and Section 16-111.5 of the Public Utilities Act that | 2 |
| is determined to be confidential and proprietary by the | 3 |
| Illinois Power Agency or by the Illinois Commerce | 4 |
| Commission.
| 5 |
| (ss) Information that is prohibited from being | 6 |
| disclosed under Section 4 of the Illinois Health and | 7 |
| Hazardous Substances Registry Act. | 8 |
| (tt) Information about students exempted from | 9 |
| disclosure under Sections 10-20.38 or 34-18.29 of the | 10 |
| School Code, and information about undergraduate students | 11 |
| enrolled at an institution of higher education exempted | 12 |
| from disclosure under Section 25 of the Illinois Credit | 13 |
| Card Marketing Act of 2009. | 14 |
| (2) This Section does not authorize withholding of | 15 |
| information or limit the
availability of records to the public, | 16 |
| except as stated in this Section or
otherwise provided in this | 17 |
| Act.
| 18 |
| (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, | 19 |
| eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; | 20 |
| 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. | 21 |
| 8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised | 22 |
| 10-20-08.) | 23 |
| Section 905. The School Code is amended by changing | 24 |
| Sections 10-20.38 and 34-18.29 as follows:
|
|
|
|
HB2352 Engrossed |
- 41 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| (105 ILCS 5/10-20.38)
| 2 |
| Sec. 10-20.38. Provision of student information
| 3 |
| prohibited. A school district , including its agents, | 4 |
| employees, student or alumni associations, or any affiliates, | 5 |
| may not provide a student's name, address,
telephone number, | 6 |
| social security number, e-mail address, or other personal
| 7 |
| identifying information to a business organization or | 8 |
| financial institution
that issues credit or debit cards.
| 9 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 10 |
| (105 ILCS 5/34-18.29)
| 11 |
| Sec. 34-18.29. Provision of student information | 12 |
| prohibited. The school
district , including its agents, | 13 |
| employees, student or alumni associations, or any affiliates,
| 14 |
| may not provide a student's name, address, telephone
number, | 15 |
| social security number, e-mail address, or other personal
| 16 |
| identifying information to a business organization or | 17 |
| financial institution
that issues credit or debit cards.
| 18 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 19 |
| Section 910. The University of Illinois Act is amended by | 20 |
| changing Section 30 as follows:
| 21 |
| (110 ILCS 305/30)
| 22 |
| Sec. 30. Provision of student and social security
| 23 |
| information prohibited. |
|
|
|
HB2352 Engrossed |
- 42 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| (a) The University , including its agents, employees, | 2 |
| student or alumni organizations, or any affiliates,
may not | 3 |
| provide a student's name, address, telephone
number, social | 4 |
| security number, e-mail address, or other personal identifying
| 5 |
| information
to a
business organization or financial | 6 |
| institution that issues credit or debit
cards, unless the | 7 |
| student is 21 years of age or older. | 8 |
| (b) The University may not print an individual's social | 9 |
| security number on any card or other document required for the | 10 |
| individual to access products or services provided by the | 11 |
| University.
| 12 |
| (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| 13 |
| Section 915. The Southern Illinois University Management | 14 |
| Act is amended by changing Section 16 as follows:
| 15 |
| (110 ILCS 520/16)
| 16 |
| Sec. 16. Provision of student and social security
| 17 |
| information prohibited. | 18 |
| (a) The
University , including its agents, employees, | 19 |
| student or alumni organizations, or any affiliates, may not | 20 |
| provide a student's name, address, telephone number,
social | 21 |
| security number, e-mail address, or other personal identifying
| 22 |
| information to a business organization or financial | 23 |
| institution that issues
credit or debit cards, unless the | 24 |
| student is 21 years of age or older.
|
|
|
|
HB2352 Engrossed |
- 43 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| (b) The University may not print an individual's social | 2 |
| security number on any card or other document required for the | 3 |
| individual to access products or services provided by the | 4 |
| University.
| 5 |
| (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| 6 |
| Section 920. The Chicago State University Law is amended by | 7 |
| changing Section 5-125 as follows:
| 8 |
| (110 ILCS 660/5-125)
| 9 |
| Sec. 5-125. Provision of student and social security
| 10 |
| information prohibited. | 11 |
| (a) The
University , including its agents, employees, | 12 |
| student or alumni organizations, or any affiliates, may not | 13 |
| provide a student's name, address,
telephone number, social | 14 |
| security number, e-mail address, or other personal
identifying
| 15 |
| information
to a business organization or financial | 16 |
| institution that issues credit or
debit cards, unless the | 17 |
| student is 21 years of age or older.
| 18 |
| (b) The University may not print an individual's social | 19 |
| security number on any card or other document required for the | 20 |
| individual to access products or services provided by the | 21 |
| University.
| 22 |
| (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| 23 |
| Section 925. The Eastern Illinois University Law is amended |
|
|
|
HB2352 Engrossed |
- 44 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| by changing Section 10-125 as follows:
| 2 |
| (110 ILCS 665/10-125)
| 3 |
| Sec. 10-125. Provision of student and social security | 4 |
| information prohibited. | 5 |
| (a)
The
University , including its agents, employees, | 6 |
| student or alumni organizations, or any affiliates, may not | 7 |
| provide a student's name, address,
telephone number, social | 8 |
| security number, e-mail address, or other personal
identifying
| 9 |
| information
to a business organization or financial | 10 |
| institution that issues credit or
debit cards, unless the | 11 |
| student is 21 years of age or older.
| 12 |
| (b) The University may not print an individual's social | 13 |
| security number on any card or other document required for the | 14 |
| individual to access products or services provided by the | 15 |
| University.
| 16 |
| (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| 17 |
| Section 930. The Governors State University Law is amended | 18 |
| by changing Section 15-125 as follows:
| 19 |
| (110 ILCS 670/15-125)
| 20 |
| Sec. 15-125. Provision of student and social security | 21 |
| information prohibited. | 22 |
| (a)
The
University , including its agents, employees, | 23 |
| student or alumni organizations, or any affiliates, may not |
|
|
|
HB2352 Engrossed |
- 45 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| provide a student's name, address,
telephone number, social | 2 |
| security number, e-mail address, or other personal
identifying
| 3 |
| information
to a business organization or financial | 4 |
| institution that issues credit or
debit cards, unless the | 5 |
| student is 21 years of age or older.
| 6 |
| (b) The University may not print an individual's social | 7 |
| security number on any card or other document required for the | 8 |
| individual to access products or services provided by the | 9 |
| University.
| 10 |
| (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| 11 |
| Section 935. The Illinois State University Law is amended | 12 |
| by changing Section 20-130 as follows:
| 13 |
| (110 ILCS 675/20-130)
| 14 |
| Sec. 20-130. Provision of student and social security | 15 |
| information prohibited.
| 16 |
| (a) The University , including its agents, employees, | 17 |
| student or alumni organizations, or any affiliates, may not | 18 |
| provide a student's name, address, telephone number,
social | 19 |
| security number, e-mail address, or other personal identifying
| 20 |
| information to a business organization or financial | 21 |
| institution that issues
credit or debit cards, unless the | 22 |
| student is 21 years of age or older.
| 23 |
| (b) The University may not print an individual's social | 24 |
| security number on any card or other document required for the |
|
|
|
HB2352 Engrossed |
- 46 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| individual to access products or services provided by the | 2 |
| University.
| 3 |
| (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| 4 |
| Section 940. The Northeastern Illinois University Law is | 5 |
| amended by changing Section 25-125 as follows:
| 6 |
| (110 ILCS 680/25-125)
| 7 |
| Sec. 25-125. Provision of student and social security | 8 |
| information prohibited. | 9 |
| (a)
The
University , including its agents, employees, | 10 |
| student or alumni organizations, or any affiliates, may not | 11 |
| provide a student's name, address,
telephone number, social | 12 |
| security number, e-mail address, or other personal
identifying
| 13 |
| information
to a business organization or financial | 14 |
| institution that issues credit or
debit cards, unless the | 15 |
| student is 21 years of age or older.
| 16 |
| (b) The University may not print an individual's social | 17 |
| security number on any card or other document required for the | 18 |
| individual to access products or services provided by the | 19 |
| University.
| 20 |
| (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| 21 |
| Section 945. The Northern Illinois University Law is | 22 |
| amended by changing Section 30-135 as follows:
|
|
|
|
HB2352 Engrossed |
- 47 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| (110 ILCS 685/30-135)
| 2 |
| Sec. 30-135. Provision of student and social security | 3 |
| information prohibited. | 4 |
| (a)
The University , including its agents, employees, | 5 |
| student or alumni organizations, or any affiliates, may not | 6 |
| provide a student's name, address, telephone number,
social | 7 |
| security number, e-mail address, or other personal identifying
| 8 |
| information to a business organization or financial | 9 |
| institution that issues
credit or debit cards, unless the | 10 |
| student is 21 years of age or older.
| 11 |
| (b) The University may not print an individual's social | 12 |
| security number on any card or other document required for the | 13 |
| individual to access products or services provided by the | 14 |
| University.
| 15 |
| (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| 16 |
| Section 950. The Western Illinois University Law is amended | 17 |
| by changing Section 35-130 as follows:
| 18 |
| (110 ILCS 690/35-130)
| 19 |
| Sec. 35-130. Provision of student and social security | 20 |
| information prohibited. | 21 |
| (a)
The University , including its agents, employees, | 22 |
| student or alumni organizations, or any affiliates, may not | 23 |
| provide a student's name, address, telephone number,
social | 24 |
| security number, e-mail address, or other personal identifying
|
|
|
|
HB2352 Engrossed |
- 48 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| information to a business organization or financial | 2 |
| institution that issues
credit or debit cards, unless the | 3 |
| student is 21 years of age or older.
| 4 |
| (b) The University may not print an individual's social | 5 |
| security number on any card or other document required for the | 6 |
| individual to access products or services provided by the | 7 |
| University.
| 8 |
| (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
| 9 |
| Section 955. The Public Community College Act is amended by | 10 |
| changing Section 3-60 as follows:
| 11 |
| (110 ILCS 805/3-60)
| 12 |
| Sec. 3-60. Provision of student and social security
| 13 |
| information prohibited. | 14 |
| (a) A community
college , including its agents, employees, | 15 |
| student or alumni organizations, or any affiliates, may not | 16 |
| provide a student's name, address,
telephone number, social | 17 |
| security number, e-mail address, or other personal
identifying
| 18 |
| information
to a
business organization or financial | 19 |
| institution that issues credit or debit
cards, unless the | 20 |
| student is 21 years of age or older.
| 21 |
| (b) A community college may not print an individual's | 22 |
| social security number on any card or other document required | 23 |
| for the individual to access products or services provided by | 24 |
| the community college.
|
|
|
|
HB2352 Engrossed |
- 49 - |
LRB096 09133 MJR 19282 b |
|
| 1 |
| (Source: P.A. 93-549, eff. 8-19-03; 94-226, eff. 1-1-06.)
|
|