Full Text of SB0353 96th General Assembly
SB0353sam001 96TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 10/14/2009
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| AMENDMENT TO SENATE BILL 353
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| AMENDMENT NO. ______. Amend Senate Bill 353 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 Section 7 as follows: | 6 |
| (5 ILCS 140/7) (from Ch. 116, par. 207) | 7 |
| (Text of Section before amendment by P.A. 96-736 ) | 8 |
| Sec. 7. Exemptions.
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| (1) When a request is made to inspect or copy a public | 10 |
| record that contains information that is exempt from disclosure | 11 |
| under this Section, but also contains information that is not | 12 |
| exempt from disclosure, the public body may elect to redact the | 13 |
| information that is exempt. The public body shall make the | 14 |
| remaining information available for inspection and copying. | 15 |
| Subject to this requirement, the following shall be exempt from | 16 |
| inspection and copying:
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| (a) Information specifically prohibited from | 2 |
| disclosure by federal or
State law or rules and regulations | 3 |
| implementing federal or State law.
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| (b) Private information, unless disclosure is required | 5 |
| by another provision of this Act, a State or federal law or | 6 |
| a court order. | 7 |
| (b-5) Files, documents, and other data or databases | 8 |
| maintained by one or more law enforcement agencies and | 9 |
| specifically designed to provide information to one or more | 10 |
| law enforcement agencies regarding the physical or mental | 11 |
| status of one or more individual subjects. | 12 |
| (c) Personal information contained within public | 13 |
| records, the disclosure of which would constitute a clearly
| 14 |
| unwarranted invasion of personal privacy, unless the | 15 |
| disclosure is
consented to in writing by the individual | 16 |
| subjects of the information. "Unwarranted invasion of | 17 |
| personal privacy" means the disclosure of information that | 18 |
| is highly personal or objectionable to a reasonable person | 19 |
| and in which the subject's right to privacy outweighs any | 20 |
| legitimate public interest in obtaining the information. | 21 |
| The
disclosure of information that bears on the public | 22 |
| duties of public
employees and officials shall not be | 23 |
| considered an invasion of personal
privacy , subject to the | 24 |
| other exemptions provided in this Section .
| 25 |
| (d) Records in the possession of any public body | 26 |
| created in the course of administrative enforcement
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| proceedings, and any law enforcement or correctional | 2 |
| agency for
law enforcement purposes,
but only to the extent | 3 |
| 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 that is the recipient of the request;
| 8 |
| (ii) interfere with active administrative | 9 |
| enforcement proceedings
conducted by the public body | 10 |
| that is the recipient of the request;
| 11 |
| (iii) create a substantial likelihood that a | 12 |
| person will be deprived of a fair trial or an impartial | 13 |
| hearing;
| 14 |
| (iv) unavoidably disclose the identity of a | 15 |
| confidential source, confidential information | 16 |
| furnished only by the confidential source, or 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 active criminal investigation | 24 |
| conducted by the agency that is the recipient of the | 25 |
| request;
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| (v) disclose unique or specialized investigative |
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| 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 that is the recipient of the request;
| 7 |
| (vi) endanger the life or physical safety of law | 8 |
| enforcement personnel
or any other person; or
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| (vii) obstruct an ongoing criminal investigation | 10 |
| by the agency that is the recipient of the request.
| 11 |
| (e) Records that relate to or affect the security of | 12 |
| correctional
institutions and detention facilities.
| 13 |
| (f) Preliminary drafts, notes, recommendations, | 14 |
| memoranda and other
records in which opinions are | 15 |
| expressed, or policies or actions are
formulated, except | 16 |
| that a specific record or relevant portion of a
record | 17 |
| shall not be exempt when the record is publicly cited
and | 18 |
| identified by the head of the public body. The exemption | 19 |
| provided in
this paragraph (f) extends to all those records | 20 |
| of officers and agencies
of the General Assembly that | 21 |
| pertain to the preparation of legislative
documents.
| 22 |
| (g) Trade secrets and commercial or financial | 23 |
| information obtained from
a person or business where the | 24 |
| trade secrets or commercial or financial information are | 25 |
| furnished under a claim that they are
proprietary, | 26 |
| privileged or confidential, and that disclosure of the |
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| trade
secrets or commercial or financial information would | 2 |
| cause competitive harm to the person or business, and only | 3 |
| insofar as the claim directly applies to the records | 4 |
| requested. | 5 |
| The information included under this exemption includes | 6 |
| all (i) All trade secrets and commercial or financial | 7 |
| information obtained by a public body, including a public | 8 |
| pension fund, from a private equity fund or a privately | 9 |
| held company within the investment portfolio of a private | 10 |
| equity fund as a result of either investing or evaluating a | 11 |
| potential investment of public funds in a private equity | 12 |
| fund. The exemption contained in this item does not apply | 13 |
| to the aggregate financial performance information of a | 14 |
| private equity fund, nor to the identity of the fund's | 15 |
| managers or general partners. The exemption contained in | 16 |
| this item does not apply to the identity of a privately | 17 |
| held company within the investment portfolio of a private | 18 |
| equity fund, unless the disclosure of the identity of a | 19 |
| privately held company may cause competitive harm. | 20 |
| Nothing contained in this
paragraph (g) shall be | 21 |
| construed to prevent a person or business from
consenting | 22 |
| to disclosure.
| 23 |
| (h) Proposals and bids for any contract, grant, or | 24 |
| agreement, including
information which if it were | 25 |
| disclosed would frustrate procurement or give
an advantage | 26 |
| to any person proposing to enter into a contractor |
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| agreement
with the body, until an award or final selection | 2 |
| is made. Information
prepared by or for the body in | 3 |
| preparation of a bid solicitation shall be
exempt until an | 4 |
| award or final selection is made.
| 5 |
| (i) Valuable formulae,
computer geographic systems,
| 6 |
| designs, drawings and research data obtained or
produced by | 7 |
| any public body when disclosure could reasonably be | 8 |
| expected to
produce private gain or public loss.
The | 9 |
| exemption for "computer geographic systems" provided in | 10 |
| this paragraph
(i) does not extend to requests made by news | 11 |
| media as defined in Section 2 of
this Act when the | 12 |
| requested information is not otherwise exempt and the only
| 13 |
| purpose of the request is to access and disseminate | 14 |
| information regarding the
health, safety, welfare, or | 15 |
| legal rights of the general public.
| 16 |
| (j) The following information pertaining to | 17 |
| educational matters: | 18 |
| (i) test questions, scoring keys and other | 19 |
| examination data used to
administer an academic | 20 |
| examination;
| 21 |
| (ii) information received by a primary or | 22 |
| secondary school, college, or university under its | 23 |
| procedures for the evaluation of faculty members by | 24 |
| their academic peers; | 25 |
| (iii) information concerning a school or | 26 |
| university's adjudication of student disciplinary |
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| cases, but only to the extent that disclosure would | 2 |
| unavoidably reveal the identity of the student; and | 3 |
| (iv) course materials or research materials used | 4 |
| by faculty members. | 5 |
| (k) Architects' plans, engineers' technical | 6 |
| submissions, and
other
construction related technical | 7 |
| documents for
projects not constructed or developed in | 8 |
| whole or in part with public funds
and the same for | 9 |
| projects constructed or developed with public funds, | 10 |
| including but not limited to power generating and | 11 |
| distribution stations and other transmission and | 12 |
| distribution facilities, water treatment facilities, | 13 |
| airport facilities, sport stadiums, convention centers, | 14 |
| and all government owned, operated, or occupied buildings, | 15 |
| but
only to the extent
that disclosure would compromise | 16 |
| security.
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| (l) Minutes of meetings of public bodies closed to the
| 18 |
| public as provided in the Open Meetings Act until the | 19 |
| public body
makes the minutes available to the public under | 20 |
| Section 2.06 of the Open
Meetings Act.
| 21 |
| (m) Communications between a public body and an | 22 |
| attorney or auditor
representing the public body that would | 23 |
| not be subject to discovery in
litigation, and materials | 24 |
| prepared or compiled by or for a public body in
| 25 |
| anticipation of a criminal, civil or administrative | 26 |
| proceeding upon the
request of an attorney advising the |
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| public body, and materials prepared or
compiled with | 2 |
| respect to internal audits of public bodies.
| 3 |
| (n) Records relating to a public body's investigation, | 4 |
| settlement, and adjudication of employee grievances or | 5 |
| disciplinary cases; however, this exemption shall not | 6 |
| extend to cases in which criminal charges are filed for | 7 |
| which disclosure of information shall be governed by that | 8 |
| which may be disclosed under the provisions of subsection | 9 |
| (a) of Section 2.15 until there is a final non-appealable | 10 |
| conviction the final outcome of cases in which discipline | 11 |
| is imposed .
| 12 |
| (o) Administrative or technical information associated | 13 |
| with automated
data processing operations, including but | 14 |
| not limited to software,
operating protocols, computer | 15 |
| program abstracts, file layouts, source
listings, object | 16 |
| modules, load modules, user guides, documentation
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| pertaining to all logical and physical design of | 18 |
| computerized systems,
employee manuals, and any other | 19 |
| information that, if disclosed, would
jeopardize the | 20 |
| security of the system or its data or the security of
| 21 |
| materials exempt under this Section.
| 22 |
| (p) Records relating to collective negotiating matters
| 23 |
| between public bodies and their employees or | 24 |
| representatives, except that
any final contract or | 25 |
| agreement shall be subject to inspection and copying.
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| (q) Test questions, scoring keys, and other |
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| examination data used to determine the qualifications of an | 2 |
| applicant for a license or employment.
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| (r) The records, documents , and information relating | 4 |
| to real estate
purchase negotiations until those | 5 |
| negotiations have been completed or
otherwise terminated. | 6 |
| With regard to a parcel involved in a pending or
actually | 7 |
| and reasonably contemplated eminent domain proceeding | 8 |
| under the Eminent Domain Act, records, documents and
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| information relating to that parcel shall be exempt except | 10 |
| as may be
allowed under discovery rules adopted by the | 11 |
| Illinois Supreme Court. The
records, documents and | 12 |
| information relating to a real estate sale shall be
exempt | 13 |
| until a sale is consummated.
| 14 |
| (s) Any and all proprietary information and records | 15 |
| related to the
operation of an intergovernmental risk | 16 |
| management association or
self-insurance pool or jointly | 17 |
| self-administered health and accident
cooperative or pool.
| 18 |
| Insurance or self insurance (including any | 19 |
| intergovernmental risk management association or self | 20 |
| insurance pool) claims, loss or risk management | 21 |
| information, records, data, advice or communications.
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| (t) Information contained in or related to | 23 |
| examination, operating, or
condition reports prepared by, | 24 |
| on behalf of, or for the use of a public
body responsible | 25 |
| for the regulation or supervision of financial
| 26 |
| institutions or insurance companies, unless disclosure is |
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| otherwise
required by State law.
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| (u) Information that would disclose
or might lead to | 3 |
| the disclosure of
secret or confidential information, | 4 |
| codes, algorithms, programs, or private
keys intended to be | 5 |
| used to create electronic or digital signatures under the
| 6 |
| Electronic Commerce Security Act.
| 7 |
| (v) Vulnerability assessments, security measures, and | 8 |
| response policies
or plans that are designed to identify, | 9 |
| prevent, or respond to potential
attacks upon a community's | 10 |
| population or systems, facilities, or installations,
the | 11 |
| destruction or contamination of which would constitute a | 12 |
| clear and present
danger to the health or safety of the | 13 |
| community, but only to the extent that
disclosure could | 14 |
| reasonably be expected to jeopardize the effectiveness of | 15 |
| the
measures or the safety of the personnel who implement | 16 |
| them or the public.
Information exempt under this item may | 17 |
| include such things as details
pertaining to the | 18 |
| mobilization or deployment of personnel or equipment, to | 19 |
| the
operation of communication systems or protocols, or to | 20 |
| tactical operations.
| 21 |
| (w) (Blank). | 22 |
| (x) Maps and other records regarding the location or | 23 |
| security of generation, transmission, distribution, | 24 |
| storage, gathering,
treatment, or switching facilities | 25 |
| owned by a utility, by a power generator, or by the | 26 |
| Illinois Power Agency.
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| (y) 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 |
| (z) (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) A public record that is not in the possession of a | 15 |
| public body but is in the possession of a party with whom the | 16 |
| agency has contracted to perform a governmental function on | 17 |
| behalf of the public body, and that directly relates to the | 18 |
| governmental function and is not otherwise exempt under this | 19 |
| Act, shall be considered a public record of the public body, | 20 |
| for purposes of this Act. | 21 |
| (3) This Section does not authorize withholding of | 22 |
| information or limit the
availability of records to the public, | 23 |
| except as stated in this Section or
otherwise provided in this | 24 |
| Act.
| 25 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | 26 |
| 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; |
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| 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | 2 |
| revised 9-25-09.) | 3 |
| (Text of Section after amendment by P.A. 96-736 ) | 4 |
| Sec. 7. Exemptions.
| 5 |
| (1) When a request is made to inspect or copy a public | 6 |
| record that contains information that is exempt from disclosure | 7 |
| under this Section, but also contains information that is not | 8 |
| exempt from disclosure, the public body may elect to redact the | 9 |
| information that is exempt. The public body shall make the | 10 |
| remaining information available for inspection and copying. | 11 |
| Subject to this requirement, the following shall be exempt from | 12 |
| inspection and copying:
| 13 |
| (a) Information specifically prohibited from | 14 |
| disclosure by federal or
State law or rules and regulations | 15 |
| implementing federal or State law.
| 16 |
| (b) Private information, unless disclosure is required | 17 |
| by another provision of this Act, a State or federal law or | 18 |
| a court order. | 19 |
| (b-5) Files, documents, and other data or databases | 20 |
| maintained by one or more law enforcement agencies and | 21 |
| specifically designed to provide information to one or more | 22 |
| law enforcement agencies regarding the physical or mental | 23 |
| status of one or more individual subjects. | 24 |
| (c) Personal information contained within public | 25 |
| records, the disclosure of which would constitute a clearly
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| unwarranted invasion of personal privacy, unless the | 2 |
| disclosure is
consented to in writing by the individual | 3 |
| subjects of the information. "Unwarranted invasion of | 4 |
| personal privacy" means the disclosure of information that | 5 |
| is highly personal or objectionable to a reasonable person | 6 |
| and in which the subject's right to privacy outweighs any | 7 |
| legitimate public interest in obtaining the information. | 8 |
| The
disclosure of information that bears on the public | 9 |
| duties of public
employees and officials shall not be | 10 |
| considered an invasion of personal
privacy , subject to the | 11 |
| other exemptions provided in this Section .
| 12 |
| (d) Records in the possession of any public body | 13 |
| created in the course of administrative enforcement
| 14 |
| proceedings, and any law enforcement or correctional | 15 |
| agency for
law enforcement purposes,
but only to the extent | 16 |
| that disclosure would:
| 17 |
| (i) interfere with pending or actually and | 18 |
| reasonably contemplated
law enforcement proceedings | 19 |
| conducted by any law enforcement or correctional
| 20 |
| agency that is the recipient of the request;
| 21 |
| (ii) interfere with active administrative | 22 |
| enforcement proceedings
conducted by the public body | 23 |
| that is the recipient of the request;
| 24 |
| (iii) create a substantial likelihood that a | 25 |
| person will be deprived of a fair trial or an impartial | 26 |
| hearing;
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| (iv) unavoidably disclose the identity of a | 2 |
| confidential source, confidential information | 3 |
| furnished only by the confidential source, or persons | 4 |
| who file complaints with or provide information to | 5 |
| administrative, investigative, law enforcement, or | 6 |
| penal agencies; except that the identities of | 7 |
| witnesses to traffic accidents, traffic accident | 8 |
| reports, and rescue reports shall be provided by | 9 |
| agencies of local government, except when disclosure | 10 |
| would interfere with an active criminal investigation | 11 |
| conducted by the agency that is the recipient of the | 12 |
| request;
| 13 |
| (v) disclose unique or specialized investigative | 14 |
| techniques other than
those generally used and known or | 15 |
| disclose internal documents of
correctional agencies | 16 |
| related to detection, observation or investigation of
| 17 |
| incidents of crime or misconduct, and disclosure would | 18 |
| result in demonstrable harm to the agency or public | 19 |
| body that is the recipient of the request;
| 20 |
| (vi) endanger the life or physical safety of law | 21 |
| enforcement personnel
or any other person; or
| 22 |
| (vii) obstruct an ongoing criminal investigation | 23 |
| by the agency that is the recipient of the request.
| 24 |
| (e) Records that relate to or affect the security of | 25 |
| correctional
institutions and detention facilities.
| 26 |
| (f) Preliminary drafts, notes, recommendations, |
|
|
|
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| memoranda and other
records in which opinions are | 2 |
| expressed, or policies or actions are
formulated, except | 3 |
| that a specific record or relevant portion of a
record | 4 |
| shall not be exempt when the record is publicly cited
and | 5 |
| identified by the head of the public body. The exemption | 6 |
| provided in
this paragraph (f) extends to all those records | 7 |
| of officers and agencies
of the General Assembly that | 8 |
| pertain to the preparation of legislative
documents.
| 9 |
| (g) Trade secrets and commercial or financial | 10 |
| information obtained from
a person or business where the | 11 |
| trade secrets or commercial or financial information are | 12 |
| furnished under a claim that they are
proprietary, | 13 |
| privileged or confidential, and that disclosure of the | 14 |
| trade
secrets or commercial or financial information would | 15 |
| cause competitive harm to the person or business, and only | 16 |
| insofar as the claim directly applies to the records | 17 |
| requested. | 18 |
| The information included under this exemption includes | 19 |
| all (i) All trade secrets and commercial or financial | 20 |
| information obtained by a public body, including a public | 21 |
| pension fund, from a private equity fund or a privately | 22 |
| held company within the investment portfolio of a private | 23 |
| equity fund as a result of either investing or evaluating a | 24 |
| potential investment of public funds in a private equity | 25 |
| fund. The exemption contained in this item does not apply | 26 |
| to the aggregate financial performance information of a |
|
|
|
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| private equity fund, nor to the identity of the fund's | 2 |
| managers or general partners. The exemption contained in | 3 |
| this item does not apply to the identity of a privately | 4 |
| held company within the investment portfolio of a private | 5 |
| equity fund, unless the disclosure of the identity of a | 6 |
| privately held company may cause competitive harm. | 7 |
| Nothing contained in this
paragraph (g) shall be | 8 |
| construed to prevent a person or business from
consenting | 9 |
| to disclosure.
| 10 |
| (h) Proposals and bids for any contract, grant, or | 11 |
| agreement, including
information which if it were | 12 |
| disclosed would frustrate procurement or give
an 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 |
|
|
|
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| 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 questions, scoring keys and other | 6 |
| examination data used to
administer an academic | 7 |
| examination;
| 8 |
| (ii) information received by a primary or | 9 |
| secondary school, college, or university under its | 10 |
| procedures for the evaluation of faculty members by | 11 |
| their academic peers; | 12 |
| (iii) information concerning a school or | 13 |
| university's adjudication of student disciplinary | 14 |
| cases, but only to the extent that disclosure would | 15 |
| unavoidably reveal the identity of the student; and | 16 |
| (iv) course materials or research materials used | 17 |
| by faculty members. | 18 |
| (k) Architects' plans, engineers' technical | 19 |
| submissions, and
other
construction related technical | 20 |
| documents for
projects not constructed or developed in | 21 |
| whole or in part with public funds
and the same for | 22 |
| projects constructed or developed with public funds, | 23 |
| including but not limited to power generating and | 24 |
| distribution stations and other transmission and | 25 |
| distribution facilities, water treatment facilities, | 26 |
| airport facilities, sport stadiums, convention centers, |
|
|
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| and all government owned, operated, or occupied buildings, | 2 |
| but
only to the extent
that disclosure would compromise | 3 |
| security.
| 4 |
| (l) Minutes of meetings of public bodies closed to the
| 5 |
| public as provided in the Open Meetings Act until the | 6 |
| public body
makes the minutes available to the public under | 7 |
| Section 2.06 of the Open
Meetings Act.
| 8 |
| (m) Communications between a public body and an | 9 |
| attorney or auditor
representing the public body that would | 10 |
| not be subject to discovery in
litigation, and materials | 11 |
| prepared or compiled by or for a public body in
| 12 |
| anticipation of a criminal, civil or administrative | 13 |
| proceeding upon the
request of an attorney advising the | 14 |
| public body, and materials prepared or
compiled with | 15 |
| respect to internal audits of public bodies.
| 16 |
| (n) Records relating to a public body's investigation, | 17 |
| settlement, and adjudication of employee grievances or | 18 |
| disciplinary cases; however, this exemption shall not | 19 |
| extend to cases in which criminal charges are filed for | 20 |
| which disclosure of information shall be governed by that | 21 |
| which may be disclosed under the provisions of subsection | 22 |
| (a) of Section 2.15 until there is a final non-appealable | 23 |
| conviction the final outcome of cases in which discipline | 24 |
| is imposed .
| 25 |
| (o) Administrative or technical information associated | 26 |
| with automated
data processing operations, including but |
|
|
|
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| 1 |
| not limited to software,
operating protocols, computer | 2 |
| program abstracts, file layouts, source
listings, object | 3 |
| modules, load modules, user guides, documentation
| 4 |
| pertaining to all logical and physical design of | 5 |
| computerized systems,
employee manuals, and any other | 6 |
| information that, if disclosed, would
jeopardize the | 7 |
| security of the system or its data or the security of
| 8 |
| materials exempt under this Section.
| 9 |
| (p) Records relating to collective negotiating matters
| 10 |
| between public bodies and their employees or | 11 |
| representatives, except that
any final contract or | 12 |
| agreement shall be subject to inspection and copying.
| 13 |
| (q) Test questions, scoring keys, and other | 14 |
| examination data used to determine the qualifications of an | 15 |
| applicant for a license or employment.
| 16 |
| (r) The records, documents , and information relating | 17 |
| to real estate
purchase negotiations until those | 18 |
| negotiations have been completed or
otherwise terminated. | 19 |
| With regard to a parcel involved in a pending or
actually | 20 |
| and reasonably contemplated eminent domain proceeding | 21 |
| under the Eminent Domain Act, records, documents and
| 22 |
| information relating to that parcel shall be exempt except | 23 |
| as may be
allowed under discovery rules adopted by the | 24 |
| Illinois Supreme Court. The
records, documents and | 25 |
| information relating to a real estate sale shall be
exempt | 26 |
| until a sale is consummated.
|
|
|
|
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| 1 |
| (s) Any and all proprietary information and records | 2 |
| related to the
operation of an intergovernmental risk | 3 |
| management association or
self-insurance pool or jointly | 4 |
| self-administered health and accident
cooperative or pool.
| 5 |
| Insurance or self insurance (including any | 6 |
| intergovernmental risk management association or self | 7 |
| insurance pool) claims, loss or risk management | 8 |
| information, records, data, advice or communications.
| 9 |
| (t) Information contained in or related to | 10 |
| examination, operating, or
condition reports prepared by, | 11 |
| on behalf of, or for the use of a public
body responsible | 12 |
| for the regulation or supervision of financial
| 13 |
| institutions or insurance companies, unless disclosure is | 14 |
| otherwise
required by State law.
| 15 |
| (u) Information that would disclose
or might lead to | 16 |
| the disclosure of
secret or confidential information, | 17 |
| codes, algorithms, programs, or private
keys intended to be | 18 |
| used to create electronic or digital signatures under the
| 19 |
| Electronic Commerce Security Act.
| 20 |
| (v) Vulnerability assessments, security measures, and | 21 |
| response policies
or plans that are designed to identify, | 22 |
| prevent, or respond to potential
attacks upon a community's | 23 |
| population or systems, facilities, or installations,
the | 24 |
| destruction or contamination of which would constitute a | 25 |
| clear and present
danger to the health or safety of the | 26 |
| community, but only to the extent that
disclosure could |
|
|
|
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| 1 |
| reasonably be expected to jeopardize the effectiveness of | 2 |
| the
measures or the safety of the personnel who implement | 3 |
| them or the public.
Information exempt under this item may | 4 |
| include such things as details
pertaining to the | 5 |
| mobilization or deployment of personnel or equipment, to | 6 |
| the
operation of communication systems or protocols, or to | 7 |
| tactical operations.
| 8 |
| (w) (Blank). | 9 |
| (x) Maps and other records regarding the location or | 10 |
| security of generation, transmission, distribution, | 11 |
| storage, gathering,
treatment, or switching facilities | 12 |
| owned by a utility, by a power generator, or by the | 13 |
| Illinois Power Agency.
| 14 |
| (y) Information contained in or related to proposals, | 15 |
| bids, or negotiations related to electric power | 16 |
| procurement under Section 1-75 of the Illinois Power Agency | 17 |
| Act and Section 16-111.5 of the Public Utilities Act that | 18 |
| is determined to be confidential and proprietary by the | 19 |
| Illinois Power Agency or by the Illinois Commerce | 20 |
| Commission.
| 21 |
| (z) (tt) Information about students exempted from | 22 |
| disclosure under Sections 10-20.38 or 34-18.29 of the | 23 |
| School Code, and information about undergraduate students | 24 |
| enrolled at an institution of higher education exempted | 25 |
| from disclosure under Section 25 of the Illinois Credit | 26 |
| Card Marketing Act of 2009. |
|
|
|
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| 1 |
| (aa) (tt) Information the disclosure of which is
| 2 |
| exempted under the Viatical Settlements Act of 2009.
| 3 |
| (2) A public record that is not in the possession of a | 4 |
| public body but is in the possession of a party with whom the | 5 |
| agency has contracted to perform a governmental function on | 6 |
| behalf of the public body, and that directly relates to the | 7 |
| governmental function and is not otherwise exempt under this | 8 |
| Act, shall be considered a public record of the public body, | 9 |
| for purposes of this Act. | 10 |
| (3) This Section does not authorize withholding of | 11 |
| information or limit the
availability of records to the public, | 12 |
| except as stated in this Section or
otherwise provided in this | 13 |
| Act.
| 14 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | 15 |
| 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | 16 |
| 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | 17 |
| 96-736, eff. 7-1-10; revised 9-25-09.) | 18 |
| Section 95. No acceleration or delay. Where this Act makes | 19 |
| changes in a statute that is represented in this Act by text | 20 |
| that is not yet or no longer in effect (for example, a Section | 21 |
| represented by multiple versions), the use of that text does | 22 |
| not accelerate or delay the taking effect of (i) the changes | 23 |
| made by this Act or (ii) provisions derived from any other | 24 |
| Public Act.
|
|
|
|
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| 1 |
| Section 99. Effective date. This Act takes effect January | 2 |
| 1, 2010.".
|
|