Illinois General Assembly - Full Text of HB3342
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Full Text of HB3342  97th General Assembly


Rep. Kelly Burke

Filed: 2/9/2011





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2    AMENDMENT NO. ______. Amend House Bill 3342 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from disclosure
10under this Section, but also contains information that is not
11exempt from disclosure, the public body may elect to redact the
12information that is exempt. The public body shall make the
13remaining information available for inspection and copying.
14Subject to this requirement, the following shall be exempt from
15inspection and copying:
16        (a) Information specifically prohibited from



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1    disclosure by federal or State law or rules and regulations
2    implementing federal or State law.
3        (b) Private information, unless disclosure is required
4    by another provision of this Act, a State or federal law or
5    a court order.
6        (b-5) Files, documents, and other data or databases
7    maintained by one or more law enforcement agencies and
8    specifically designed to provide information to one or more
9    law enforcement agencies regarding the physical or mental
10    status of one or more individual subjects.
11        (c) Personal information contained within public
12    records, the disclosure of which would constitute a clearly
13    unwarranted invasion of personal privacy, unless the
14    disclosure is consented to in writing by the individual
15    subjects of the information. "Unwarranted invasion of
16    personal privacy" means the disclosure of information that
17    is highly personal or objectionable to a reasonable person
18    and in which the subject's right to privacy outweighs any
19    legitimate public interest in obtaining the information.
20    The disclosure of information that bears on the public
21    duties of public employees and officials shall not be
22    considered an invasion of personal privacy.
23        (d) Records in the possession of any public body
24    created in the course of administrative enforcement
25    proceedings, and any law enforcement or correctional
26    agency for law enforcement purposes, but only to the extent



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1    that disclosure would:
2            (i) interfere with pending or actually and
3        reasonably contemplated law enforcement proceedings
4        conducted by any law enforcement or correctional
5        agency that is the recipient of the request;
6            (ii) interfere with active administrative
7        enforcement proceedings conducted by the public body
8        that is the recipient of the request;
9            (iii) create a substantial likelihood that a
10        person will be deprived of a fair trial or an impartial
11        hearing;
12            (iv) unavoidably disclose the identity of a
13        confidential source, confidential information
14        furnished only by the confidential source, or persons
15        who file complaints with or provide information to
16        administrative, investigative, law enforcement, or
17        penal agencies; except that the identities of
18        witnesses to traffic accidents, traffic accident
19        reports, and rescue reports shall be provided by
20        agencies of local government, except when disclosure
21        would interfere with an active criminal investigation
22        conducted by the agency that is the recipient of the
23        request;
24            (v) disclose unique or specialized investigative
25        techniques other than those generally used and known or
26        disclose internal documents of correctional agencies



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1        related to detection, observation or investigation of
2        incidents of crime or misconduct, and disclosure would
3        result in demonstrable harm to the agency or public
4        body that is the recipient of the request;
5            (vi) endanger the life or physical safety of law
6        enforcement personnel or any other person; or
7            (vii) obstruct an ongoing criminal investigation
8        by the agency that is the recipient of the request.
9        (e) Records that relate to or affect the security of
10    correctional institutions and detention facilities.
11        (f) Preliminary drafts, notes, recommendations,
12    memoranda and other records in which opinions are
13    expressed, or policies or actions are formulated, except
14    that a specific record or relevant portion of a record
15    shall not be exempt when the record is publicly cited and
16    identified by the head of the public body. The exemption
17    provided in this paragraph (f) extends to all those records
18    of officers and agencies of the General Assembly that
19    pertain to the preparation of legislative documents.
20        (g) Trade secrets and commercial or financial
21    information obtained from a person or business where the
22    trade secrets or commercial or financial information are
23    furnished under a claim that they are proprietary,
24    privileged or confidential, and that disclosure of the
25    trade secrets or commercial or financial information would
26    cause competitive harm to the person or business, and only



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1    insofar as the claim directly applies to the records
2    requested.
3        The information included under this exemption includes
4    all trade secrets and commercial or financial information
5    obtained by a public body, including a public pension fund,
6    from a private equity fund or a privately held company
7    within the investment portfolio of a private equity fund as
8    a result of either investing or evaluating a potential
9    investment of public funds in a private equity fund. The
10    exemption contained in this item does not apply to the
11    aggregate financial performance information of a private
12    equity fund, nor to the identity of the fund's managers or
13    general partners. The exemption contained in this item does
14    not apply to the identity of a privately held company
15    within the investment portfolio of a private equity fund,
16    unless the disclosure of the identity of a privately held
17    company may cause competitive harm.
18        Nothing contained in this paragraph (g) shall be
19    construed to prevent a person or business from consenting
20    to disclosure.
21        (h) Proposals and bids for any contract, grant, or
22    agreement, including information which if it were
23    disclosed would frustrate procurement or give an advantage
24    to any person proposing to enter into a contractor
25    agreement with the body, until an award or final selection
26    is made. Information prepared by or for the body in



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1    preparation of a bid solicitation shall be exempt until an
2    award or final selection is made.
3        (i) Valuable formulae, computer geographic systems,
4    designs, drawings and research data obtained or produced by
5    any public body when disclosure could reasonably be
6    expected to produce private gain or public loss. The
7    exemption for "computer geographic systems" provided in
8    this paragraph (i) does not extend to requests made by news
9    media as defined in Section 2 of this Act when the
10    requested information is not otherwise exempt and the only
11    purpose of the request is to access and disseminate
12    information regarding the health, safety, welfare, or
13    legal rights of the general public.
14        (j) The following information pertaining to
15    educational matters:
16            (i) test questions, scoring keys and other
17        examination data used to administer an academic
18        examination;
19            (ii) information received by a primary or
20        secondary school, college, or university under its
21        procedures for the evaluation of faculty members by
22        their academic peers;
23            (iii) information concerning a school or
24        university's adjudication of student disciplinary
25        cases, but only to the extent that disclosure would
26        unavoidably reveal the identity of the student; and



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



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1        (n) Records relating to a public body's adjudication of
2    employee grievances or disciplinary cases; however, this
3    exemption shall not extend to the final outcome of cases in
4    which discipline is imposed.
5        (o) Administrative or technical information associated
6    with automated data processing operations, including but
7    not limited to software, operating protocols, computer
8    program abstracts, file layouts, source listings, object
9    modules, load modules, user guides, documentation
10    pertaining to all logical and physical design of
11    computerized systems, employee manuals, and any other
12    information that, if disclosed, would jeopardize the
13    security of the system or its data or the security of
14    materials exempt under this Section.
15        (p) Records relating to collective negotiating matters
16    between public bodies and their employees or
17    representatives, except that any final contract or
18    agreement shall be subject to inspection and copying.
19        (q) Test questions, scoring keys, and other
20    examination data used to determine the qualifications of an
21    applicant for a license or employment.
22        (r) The records, documents, and information relating
23    to real estate purchase negotiations until those
24    negotiations have been completed or otherwise terminated.
25    With regard to a parcel involved in a pending or actually
26    and reasonably contemplated eminent domain proceeding



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1    under the Eminent Domain Act, records, documents and
2    information relating to that parcel shall be exempt except
3    as may be allowed under discovery rules adopted by the
4    Illinois Supreme Court. The records, documents and
5    information relating to a real estate sale shall be exempt
6    until a sale is consummated.
7        (s) Any and all proprietary information and records
8    related to the operation of an intergovernmental risk
9    management association or self-insurance pool or jointly
10    self-administered health and accident cooperative or pool.
11    Insurance or self insurance (including any
12    intergovernmental risk management association or self
13    insurance pool) claims, loss or risk management
14    information, records, data, advice or communications.
15        (t) Information contained in or related to
16    examination, operating, or condition reports prepared by,
17    on behalf of, or for the use of a public body responsible
18    for the regulation or supervision of financial
19    institutions or insurance companies, unless disclosure is
20    otherwise required by State law.
21        (u) Information that would disclose or might lead to
22    the disclosure of secret or confidential information,
23    codes, algorithms, programs, or private keys intended to be
24    used to create electronic or digital signatures under the
25    Electronic Commerce Security Act.
26        (v) Vulnerability assessments, security measures, and



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1    response policies or plans that are designed to identify,
2    prevent, or respond to potential attacks upon a community's
3    population or systems, facilities, or installations, the
4    destruction or contamination of which would constitute a
5    clear and present danger to the health or safety of the
6    community, but only to the extent that disclosure could
7    reasonably be expected to jeopardize the effectiveness of
8    the measures or the safety of the personnel who implement
9    them or the public. Information exempt under this item may
10    include such things as details pertaining to the
11    mobilization or deployment of personnel or equipment, to
12    the operation of communication systems or protocols, or to
13    tactical operations.
14        (w) (Blank).
15        (x) Maps and other records regarding the location or
16    security of generation, transmission, distribution,
17    storage, gathering, treatment, or switching facilities
18    owned by a utility, by a power generator, or by the
19    Illinois Power Agency.
20        (y) Information contained in or related to proposals,
21    bids, or negotiations related to electric power
22    procurement under Section 1-75 of the Illinois Power Agency
23    Act and Section 16-111.5 of the Public Utilities Act that
24    is determined to be confidential and proprietary by the
25    Illinois Power Agency or by the Illinois Commerce
26    Commission.



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1        (z) Information about students exempted from
2    disclosure under Sections 10-20.38 or 34-18.29 of the
3    School Code, and information about undergraduate students
4    enrolled at an institution of higher education exempted
5    from disclosure under Section 25 of the Illinois Credit
6    Card Marketing Act of 2009.
7        (aa) Information the disclosure of which is exempted
8    under the Viatical Settlements Act of 2009.
9        (bb) Records and information provided to a mortality
10    review team and records maintained by a mortality review
11    team appointed under the Department of Juvenile Justice
12    Mortality Review Team Act.
13        (cc) (bb) Information regarding interments,
14    entombments, or inurnments of human remains that are
15    submitted to the Cemetery Oversight Database under the
16    Cemetery Care Act or the Cemetery Oversight Act, whichever
17    is applicable.
18        (dd) Personally identifiable information exempted from
19    disclosure by subsection (g) of Section 19.1 of the Toll
20    Highway Act.
21    (2) A public record that is not in the possession of a
22public body but is in the possession of a party with whom the
23agency has contracted to perform a governmental function on
24behalf of the public body, and that directly relates to the
25governmental function and is not otherwise exempt under this
26Act, shall be considered a public record of the public body,



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1for purposes of this Act.
2    (3) This Section does not authorize withholding of
3information or limit the availability of records to the public,
4except as stated in this Section or otherwise provided in this
6(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
795-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10;
896-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10;
996-736, eff. 7-1-10; 96-863, eff. 3-1-10; 96-1378, eff.
107-29-10; revised 9-2-10.)
11    Section 10. The Toll Highway Act is amended by adding
12Section 19.1 as follows:
13    (605 ILCS 10/19.1 new)
14    Sec. 19.1. Confidentiality of personally identifiable
15information obtained through electronic toll collection
17    (a) Except as otherwise provided in this Section, the
18Authority may not sell or otherwise provide to any person or
19entity personally identifiable information of any electronic
20toll collection system user that the Authority obtains through
21the operation of its electronic toll collection system.
22    (b) The Authority may, within practical business and cost
23constraints, store personally identifiable information of an
24electronic toll collection system user only if the information



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1is required to perform account functions such as billing,
2account settlement, or toll violation enforcement activities.
3    (c) By no later than December 31, 2011, the Authority shall
4establish a privacy policy regarding the collection and use of
5personally identifiable information. Upon its adoption, the
6policy shall be posted on the Authority's website and a copy
7shall be included with each transponder transmitted to a user.
8The policy shall include but need not be limited to the
10        (1) A description of the types of personally
11    identifiable information collected by the Authority.
12        (2) The categories of third-party persons or entities
13    with whom the Authority may share personally identifiable
14    information and for what purposes that information is
15    shared.
16        (3) The process by which the Authority notifies
17    electronic toll collection system users of material
18    changes to its privacy policy.
19        (4) The process by which an electronic toll collection
20    system user may review and request changes to any of his or
21    her personally identifiable information.
22        (5) The effective date of the privacy policy.
23    (d) This Section does not prohibit the Authority from:
24        (1) providing aggregated traveler information derived
25    from collective data relating to a group or category of
26    electronic toll collection system users from which



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1    personally identifiable information has been removed;
2        (2) sharing data with another transportation agency or
3    third-party vendor to comply with interoperability
4    specifications and standards regarding electronic toll
5    collection devices and technologies, provided that the
6    other transportation agency or third-party vendor may not
7    use personally identifiable information obtained under
8    this Section for a purpose other than described in this
9    Section;
10        (3) performing financial, legal and accounting
11    functions such as billing, account settlement, toll
12    violation enforcement, or other activities required to
13    operate and manage its toll collection system;
14        (4) communicating about products and services offered
15    by itself, a business partner, or another public agency;
16        (5) using personally identifiable information in
17    research projects, provided that appropriate
18    confidentiality restrictions are employed to protect
19    against the unauthorized release of such information;
20        (6) releasing personally identifiable information in
21    response to a warrant, subpoena or lawful order from a
22    court of competent jurisdiction;
23        (7) releasing personally identifiable information to
24    law enforcement agencies in the case of an emergency when
25    obtaining a warrant or subpoena would be impractical; and
26        (8) releasing personally identifiable information to



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1    the Authority's Inspector General or, at the Inspector
2    General's direction, to law enforcement agencies under
3    paragraphs (5) and (6) of subsection (f) of Section 8.5 of
4    this Act.
5    (e) For purposes of this Section:
6    "Electronic toll collection system" is a system where a
7transponder, camera-based vehicle identification system, or
8other electronic medium is used to deduct payment of a toll
9from a subscriber's account or to establish an obligation to
10pay a toll.
11    "Electronic toll collection system user" means any natural
12person who subscribes to an electronic toll collection system
13or any natural person who uses a tolled transportation facility
14that employs the Authority's electronic toll collection
16    "Personally identifiable information" means any
17information that identifies or describes an electronic toll
18collection system user, including but not limited to travel
19pattern data, address, telephone number, e-mail address,
20license plate number, photograph, bank account information, or
21credit card number.
22    (f) In any agreement allowing another public entity to use
23the Authority's toll collection system in a transportation
24facility, the Authority shall require the other public entity
25to comply with the requirements of this Section.
26    (g) Personally identifiable information generated through



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1the Authority's toll collection process that reveals the date,
2time, location or direction of travel by an electronic toll
3collection system user shall be exempt from release under the
4Illinois Freedom of Information Act. The exemption in this
5subsection shall not apply to information that concerns (i) the
6public duties of public employees; (ii) whether an electronic
7toll collection system user has paid tolls; (iii) whether the
8Authority is enforcing toll violation penalties against
9electronic toll collection users who do not pay tolls; (iv)
10accidents or other incidents that occur highways under the
11jurisdiction of the Authority; or (v) other operations of the