Full Text of HB4596 97th General Assembly
HB4596ham001 97TH GENERAL ASSEMBLY | Rep. Jim Durkin Filed: 2/29/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4596
| 2 | | AMENDMENT NO. ______. Amend House Bill 4596 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7 as follows: | 6 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 7 | | Sec. 7. Exemptions.
| 8 | | (1) When a request is made to inspect or copy a public | 9 | | record that contains information that is exempt from disclosure | 10 | | under this Section, but also contains information that is not | 11 | | exempt from disclosure, the public body may elect to redact the | 12 | | information that is exempt. The public body shall make the | 13 | | remaining information available for inspection and copying. | 14 | | Subject to this requirement, the following shall be exempt from | 15 | | inspection 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 any the public | 8 | | body 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 | | For the purposes of this paragraph (d), if the | 10 | | recipient of the request for records determines that | 11 | | another public body, law enforcement agency, or | 12 | | correctional agency is contemplating or conducting an | 13 | | administrative enforcement proceeding or an investigation | 14 | | that is the subject of the records request, then the | 15 | | recipient of the request for such records shall transmit | 16 | | the request to the other public body, law enforcement | 17 | | agency, or correctional agency. The recipient of the | 18 | | request for records shall transmit the request for records | 19 | | within 2 business days after identifying the other public | 20 | | entity, law enforcement agency, or correctional agency. | 21 | | When a request for records is forwarded pursuant to | 22 | | paragraph (d), the recipient of the request shall | 23 | | simultaneously notify the requesting party that the | 24 | | request for records has been so transmitted, and this | 25 | | notification shall identify the public body, law | 26 | | enforcement agency, or correctional agency to which the |
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| 1 | | records request was forwarded. Receipt of the transmitted | 2 | | request from the original recipient of the request shall be | 3 | | treated as if the request was received from the requesting | 4 | | party directly, and the public body, law enforcement | 5 | | agency, or correctional agency shall respond to the request | 6 | | within the time limits set forth in subsection (d) of | 7 | | Section 3 or in Section 3.1, as appropriate. | 8 | | (e) Records that relate to or affect the security of | 9 | | correctional
institutions and detention facilities.
| 10 | | (f) Preliminary drafts, notes, recommendations, | 11 | | memoranda and other
records in which opinions are | 12 | | expressed, or policies or actions are
formulated, except | 13 | | that a specific record or relevant portion of a
record | 14 | | shall not be exempt when the record is publicly cited
and | 15 | | identified by the head of the public body. The exemption | 16 | | provided in
this paragraph (f) extends to all those records | 17 | | of officers and agencies
of the General Assembly that | 18 | | pertain to the preparation of legislative
documents.
| 19 | | (g) Trade secrets and commercial or financial | 20 | | information obtained from
a person or business where the | 21 | | trade secrets or commercial or financial information are | 22 | | furnished under a claim that they are
proprietary, | 23 | | privileged or confidential, and that disclosure of the | 24 | | trade
secrets or commercial or financial information would | 25 | | cause competitive harm to the person or business, and only | 26 | | insofar as the claim directly applies to the records |
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| 1 | | requested. | 2 | | The information included under this exemption includes | 3 | | all trade secrets and commercial or financial information | 4 | | obtained by a public body, including a public pension fund, | 5 | | from a private equity fund or a privately held company | 6 | | within the investment portfolio of a private equity fund as | 7 | | a result of either investing or evaluating a potential | 8 | | investment of public funds in a private equity fund. The | 9 | | exemption contained in this item does not apply to the | 10 | | aggregate financial performance information of a private | 11 | | equity fund, nor to the identity of the fund's managers or | 12 | | general partners. The exemption contained in this item does | 13 | | not apply to the identity of a privately held company | 14 | | within the investment portfolio of a private equity fund, | 15 | | unless the disclosure of the identity of a privately held | 16 | | company may cause competitive harm. | 17 | | Nothing contained in this
paragraph (g) shall be | 18 | | construed to prevent a person or business from
consenting | 19 | | to disclosure.
| 20 | | (h) Proposals and bids for any contract, grant, or | 21 | | agreement, including
information which if it were | 22 | | disclosed would frustrate procurement or give
an advantage | 23 | | to any person proposing to enter into a contractor | 24 | | agreement
with the body, until an award or final selection | 25 | | is made. Information
prepared by or for the body in | 26 | | preparation of a bid solicitation shall be
exempt until an |
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| 1 | | award or final selection is made.
| 2 | | (i) Valuable formulae,
computer geographic systems,
| 3 | | designs, drawings and research data obtained or
produced by | 4 | | any public body when disclosure could reasonably be | 5 | | expected to
produce private gain or public loss.
The | 6 | | exemption for "computer geographic systems" provided in | 7 | | this paragraph
(i) does not extend to requests made by news | 8 | | media as defined in Section 2 of
this Act when the | 9 | | requested information is not otherwise exempt and the only
| 10 | | purpose of the request is to access and disseminate | 11 | | information regarding the
health, safety, welfare, or | 12 | | legal rights of the general public.
| 13 | | (j) The following information pertaining to | 14 | | educational matters: | 15 | | (i) test questions, scoring keys and other | 16 | | examination data used to
administer an academic | 17 | | examination;
| 18 | | (ii) information received by a primary or | 19 | | secondary school, college, or university under its | 20 | | procedures for the evaluation of faculty members by | 21 | | their academic peers; | 22 | | (iii) information concerning a school or | 23 | | university's adjudication of student disciplinary | 24 | | cases, but only to the extent that disclosure would | 25 | | unavoidably reveal the identity of the student; and | 26 | | (iv) course materials or research materials used |
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| 1 | | by faculty members. | 2 | | (k) Architects' plans, engineers' technical | 3 | | submissions, and
other
construction related technical | 4 | | documents for
projects not constructed or developed in | 5 | | whole or in part with public funds
and the same for | 6 | | projects constructed or developed with public funds, | 7 | | including but not limited to power generating and | 8 | | distribution stations and other transmission and | 9 | | distribution facilities, water treatment facilities, | 10 | | airport facilities, sport stadiums, convention centers, | 11 | | and all government owned, operated, or occupied buildings, | 12 | | but
only to the extent
that disclosure would compromise | 13 | | security.
| 14 | | (l) Minutes of meetings of public bodies closed to the
| 15 | | public as provided in the Open Meetings Act until the | 16 | | public body
makes the minutes available to the public under | 17 | | Section 2.06 of the Open
Meetings Act.
| 18 | | (m) Communications between a public body and an | 19 | | attorney or auditor
representing the public body that would | 20 | | not be subject to discovery in
litigation, and materials | 21 | | prepared or compiled by or for a public body in
| 22 | | anticipation of a criminal, civil or administrative | 23 | | proceeding upon the
request of an attorney advising the | 24 | | public body, and materials prepared or
compiled with | 25 | | respect to internal audits of public bodies.
| 26 | | (n) Records relating to a public body's adjudication of |
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| 1 | | employee grievances or disciplinary cases; however, this | 2 | | exemption shall not extend to the final outcome of cases in | 3 | | which discipline is imposed.
| 4 | | (o) Administrative or technical information associated | 5 | | with automated
data processing operations, including but | 6 | | not limited to software,
operating protocols, computer | 7 | | program abstracts, file layouts, source
listings, object | 8 | | modules, load modules, user guides, documentation
| 9 | | pertaining to all logical and physical design of | 10 | | computerized systems,
employee manuals, and any other | 11 | | information that, if disclosed, would
jeopardize the | 12 | | security of the system or its data or the security of
| 13 | | materials exempt under this Section.
| 14 | | (p) Records relating to collective negotiating matters
| 15 | | between public bodies and their employees or | 16 | | representatives, except that
any final contract or | 17 | | agreement shall be subject to inspection and copying.
| 18 | | (q) Test questions, scoring keys, and other | 19 | | examination data used to determine the qualifications of an | 20 | | applicant for a license or employment.
| 21 | | (r) The records, documents, and information relating | 22 | | to real estate
purchase negotiations until those | 23 | | negotiations have been completed or
otherwise terminated. | 24 | | With regard to a parcel involved in a pending or
actually | 25 | | and reasonably contemplated eminent domain proceeding | 26 | | under the Eminent Domain Act, records, documents and
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| 1 | | information relating to that parcel shall be exempt except | 2 | | as may be
allowed under discovery rules adopted by the | 3 | | Illinois Supreme Court. The
records, documents and | 4 | | information relating to a real estate sale shall be
exempt | 5 | | until a sale is consummated.
| 6 | | (s) Any and all proprietary information and records | 7 | | related to the
operation of an intergovernmental risk | 8 | | management association or
self-insurance pool or jointly | 9 | | self-administered health and accident
cooperative or pool.
| 10 | | Insurance or self insurance (including any | 11 | | intergovernmental risk management association or self | 12 | | insurance pool) claims, loss or risk management | 13 | | information, records, data, advice or communications.
| 14 | | (t) Information contained in or related to | 15 | | examination, operating, or
condition reports prepared by, | 16 | | on behalf of, or for the use of a public
body responsible | 17 | | for the regulation or supervision of financial
| 18 | | institutions or insurance companies, unless disclosure is | 19 | | otherwise
required by State law.
| 20 | | (u) Information that would disclose
or might lead to | 21 | | the disclosure of
secret or confidential information, | 22 | | codes, algorithms, programs, or private
keys intended to be | 23 | | used to create electronic or digital signatures under the
| 24 | | Electronic Commerce Security Act.
| 25 | | (v) Vulnerability assessments, security measures, and | 26 | | response policies
or plans that are designed to identify, |
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| 1 | | prevent, or respond to potential
attacks upon a community's | 2 | | population or systems, facilities, or installations,
the | 3 | | destruction or contamination of which would constitute a | 4 | | clear and present
danger to the health or safety of the | 5 | | community, but only to the extent that
disclosure could | 6 | | reasonably be expected to jeopardize the effectiveness of | 7 | | the
measures or the safety of the personnel who implement | 8 | | them or the public.
Information exempt under this item may | 9 | | include such things as details
pertaining to the | 10 | | mobilization or deployment of personnel or equipment, to | 11 | | the
operation of communication systems or protocols, or to | 12 | | tactical operations.
| 13 | | (w) (Blank). | 14 | | (x) Maps and other records regarding the location or | 15 | | security of generation, transmission, distribution, | 16 | | storage, gathering,
treatment, or switching facilities | 17 | | owned by a utility, by a power generator, or by the | 18 | | Illinois Power Agency.
| 19 | | (y) Information contained in or related to proposals, | 20 | | bids, or negotiations related to electric power | 21 | | procurement under Section 1-75 of the Illinois Power Agency | 22 | | Act and Section 16-111.5 of the Public Utilities Act that | 23 | | is determined to be confidential and proprietary by the | 24 | | Illinois Power Agency or by the Illinois Commerce | 25 | | Commission.
| 26 | | (z) Information about students exempted from |
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| 1 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 2 | | School Code, and information about undergraduate students | 3 | | enrolled at an institution of higher education exempted | 4 | | from disclosure under Section 25 of the Illinois Credit | 5 | | Card Marketing Act of 2009. | 6 | | (aa) Information the disclosure of which is
exempted | 7 | | under the Viatical Settlements Act of 2009.
| 8 | | (bb) Records and information provided to a mortality | 9 | | review team and records maintained by a mortality review | 10 | | team appointed under the Department of Juvenile Justice | 11 | | Mortality Review Team Act. | 12 | | (cc) Information regarding interments, entombments, or | 13 | | inurnments of human remains that are submitted to the | 14 | | Cemetery Oversight Database under the Cemetery Care Act or | 15 | | the Cemetery Oversight Act, whichever is applicable. | 16 | | (dd) Correspondence and records (i) that may not be | 17 | | disclosed under Section 11-9 of the Public Aid Code or (ii) | 18 | | that pertain to appeals under Section 11-8 of the Public | 19 | | Aid Code. | 20 | | (ee) (dd) The names, addresses, or other personal | 21 | | information of persons who are minors and are also | 22 | | participants and registrants in programs of park | 23 | | districts, forest preserve districts, conservation | 24 | | districts, recreation agencies, and special recreation | 25 | | associations. | 26 | | (ff) (ee) The names, addresses, or other personal |
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| 1 | | information of participants and registrants in programs of | 2 | | park districts, forest preserve districts, conservation | 3 | | districts, recreation agencies, and special recreation | 4 | | associations where such programs are targeted primarily to | 5 | | minors. | 6 | | (2) A public record that is not in the possession of a | 7 | | public body but is in the possession of a party with whom the | 8 | | agency has contracted to perform a governmental function on | 9 | | behalf of the public body, and that directly relates to the | 10 | | governmental function and is not otherwise exempt under this | 11 | | Act, shall be considered a public record of the public body, | 12 | | for purposes of this Act. | 13 | | (3) This Section does not authorize withholding of | 14 | | information or limit the
availability of records to the public, | 15 | | except as stated in this Section or
otherwise provided in this | 16 | | Act.
| 17 | | (Source: P.A. 96-261, eff. 1-1-10; 96-328, eff. 8-11-09; | 18 | | 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; 96-736, eff. 7-1-10; | 19 | | 96-863, eff. 3-1-10; 96-1378, eff. 7-29-10; 97-333, eff. | 20 | | 8-12-11; 97-385, eff. 8-15-11; 97-452, eff. 8-19-11; revised | 21 | | 9-2-11.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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