Full Text of SB0039 97th General Assembly
SB0039sam002 97TH GENERAL ASSEMBLY | Sen. Susan Garrett Filed: 2/24/2011
| | 09700SB0039sam002 | | LRB097 05061 JDS 51473 a |
|
| 1 | | AMENDMENT TO SENATE BILL 39
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 39 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 2 and 7 as follows:
| 6 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
| 7 | | Sec. 2. Definitions. As used in this Act:
| 8 | | (a) "Public body" means all legislative,
executive, | 9 | | administrative, or advisory bodies of the State, state | 10 | | universities
and colleges, counties, townships, cities, | 11 | | villages, incorporated towns,
school districts and all other | 12 | | municipal corporations,
boards, bureaus, committees, or | 13 | | commissions of this State, any
subsidiary
bodies of any of the | 14 | | foregoing including but not limited to committees and
| 15 | | subcommittees thereof, and a School Finance Authority created | 16 | | under
Article 1E of the School Code.
"Public body" does not |
| | | 09700SB0039sam002 | - 2 - | LRB097 05061 JDS 51473 a |
|
| 1 | | include a child death review team
or the Illinois Child Death | 2 | | Review Teams
Executive Council
established under
the Child | 3 | | Death Review Team Act.
| 4 | | (b) "Person" means any individual, corporation, | 5 | | partnership, firm,
organization
or association, acting | 6 | | individually or as a group.
| 7 | | (c) "Public records" means all records, reports, forms, | 8 | | writings, letters,
memoranda, books, papers, maps, | 9 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 10 | | data processing records, electronic communications, recorded | 11 | | information and all other
documentary
materials pertaining to | 12 | | the transaction of public business, regardless of physical form | 13 | | or characteristics, having been
prepared by or for, or having | 14 | | been or being used by, received by, in the possession of, or | 15 | | under the
control
of
any public body. Communications and | 16 | | materials exchanged between a lobbyist and a public body that | 17 | | concern either lobbying performed on behalf of the public body | 18 | | by the lobbyist or the expenditure of public moneys for goods | 19 | | or services provided on behalf of the public body by the | 20 | | lobbyist are public records and are not exempt from inspection | 21 | | and copying unless exempt under Section 7. | 22 | | (c-5) "Private information" means unique identifiers, | 23 | | including a person's social security number, driver's license | 24 | | number, employee identification number, biometric identifiers, | 25 | | personal financial information, passwords or other access | 26 | | codes, medical records, home or personal telephone numbers, and |
| | | 09700SB0039sam002 | - 3 - | LRB097 05061 JDS 51473 a |
|
| 1 | | personal email addresses. Private information also includes | 2 | | home address and personal license plates, except as otherwise | 3 | | provided by law or when compiled without possibility of | 4 | | attribution to any person. | 5 | | (c-10) "Commercial purpose" means the use of any part of a | 6 | | public record or records, or information derived from public | 7 | | records, in any form for sale, resale, or solicitation or | 8 | | advertisement for sales or services. For purposes of this | 9 | | definition, requests made by news media and non-profit, | 10 | | scientific, or academic organizations shall not be considered | 11 | | to be made for a "commercial purpose" when the principal | 12 | | purpose of the request is (i) to access and disseminate | 13 | | information concerning news and current or passing events, (ii) | 14 | | for articles of opinion or features of interest to the public, | 15 | | or (iii) for the purpose of academic, scientific, or public | 16 | | research or education.
| 17 | | (d) "Copying" means the reproduction of any public record | 18 | | by means of any
photographic, electronic, mechanical or other | 19 | | process, device or means now known or hereafter developed and | 20 | | available to the public body.
| 21 | | (e) "Head of the public body" means the president, mayor, | 22 | | chairman,
presiding
officer, director, superintendent, | 23 | | manager, supervisor or individual otherwise
holding primary | 24 | | executive and administrative authority for the public
body, or | 25 | | such person's duly authorized designee.
| 26 | | (f) "News media" means a newspaper or other periodical |
| | | 09700SB0039sam002 | - 4 - | LRB097 05061 JDS 51473 a |
|
| 1 | | issued at regular
intervals whether in print or electronic | 2 | | format, a news service whether
in print or electronic format, a | 3 | | radio
station, a television station, a television network, a | 4 | | community
antenna television service, or a person or | 5 | | corporation engaged in making news
reels or other motion | 6 | | picture news for public showing.
| 7 | | (Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; | 8 | | 96-1000, eff. 7-2-10.)
| 9 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 10 | | Sec. 7. Exemptions.
| 11 | | (1) When a request is made to inspect or copy a public | 12 | | record that contains information that is exempt from disclosure | 13 | | under this Section, but also contains information that is not | 14 | | exempt from disclosure, the public body may elect to redact the | 15 | | information that is exempt. The public body shall make the | 16 | | remaining information available for inspection and copying. | 17 | | Subject to this requirement, the following shall be exempt from | 18 | | inspection and copying:
| 19 | | (a) Information specifically prohibited from | 20 | | disclosure by federal or
State law or rules and regulations | 21 | | implementing federal or State law.
| 22 | | (b) Private information, unless disclosure is required | 23 | | by another provision of this Act, a State or federal law or | 24 | | a court order. | 25 | | (b-5) Files, documents, and other data or databases |
| | | 09700SB0039sam002 | - 5 - | LRB097 05061 JDS 51473 a |
|
| 1 | | maintained by one or more law enforcement agencies and | 2 | | specifically designed to provide information to one or more | 3 | | law enforcement agencies regarding the physical or mental | 4 | | status of one or more individual subjects. | 5 | | (c) Personal information contained within public | 6 | | records, the disclosure of which would constitute a clearly
| 7 | | unwarranted invasion of personal privacy, unless the | 8 | | disclosure is
consented to in writing by the individual | 9 | | subjects of the information. "Unwarranted invasion of | 10 | | personal privacy" means the disclosure of information that | 11 | | is highly personal or objectionable to a reasonable person | 12 | | and in which the subject's right to privacy outweighs any | 13 | | legitimate public interest in obtaining the information. | 14 | | The
disclosure of information that bears on the public | 15 | | duties of public
employees and officials shall not be | 16 | | considered an invasion of personal
privacy.
| 17 | | (d) Records in the possession of any public body | 18 | | created in the course of administrative enforcement
| 19 | | proceedings, and any law enforcement or correctional | 20 | | agency for
law enforcement purposes,
but only to the extent | 21 | | that disclosure would:
| 22 | | (i) interfere with pending or actually and | 23 | | reasonably contemplated
law enforcement proceedings | 24 | | conducted by any law enforcement or correctional
| 25 | | agency that is the recipient of the request;
| 26 | | (ii) interfere with active administrative |
| | | 09700SB0039sam002 | - 6 - | LRB097 05061 JDS 51473 a |
|
| 1 | | enforcement proceedings
conducted by the public body | 2 | | that is the recipient of the request;
| 3 | | (iii) create a substantial likelihood that a | 4 | | person will be deprived of a fair trial or an impartial | 5 | | hearing;
| 6 | | (iv) unavoidably disclose the identity of a | 7 | | confidential source, confidential information | 8 | | furnished only by the confidential source, or persons | 9 | | who file complaints with or provide information to | 10 | | administrative, investigative, law enforcement, or | 11 | | penal agencies; except that the identities of | 12 | | witnesses to traffic accidents, traffic accident | 13 | | reports, and rescue reports shall be provided by | 14 | | agencies of local government, except when disclosure | 15 | | would interfere with an active criminal investigation | 16 | | conducted by the agency that is the recipient of the | 17 | | request;
| 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, and disclosure would | 23 | | result in demonstrable harm to the agency or public | 24 | | body that is the recipient of the request;
| 25 | | (vi) endanger the life or physical safety of law | 26 | | enforcement personnel
or any other person; or
|
| | | 09700SB0039sam002 | - 7 - | LRB097 05061 JDS 51473 a |
|
| 1 | | (vii) obstruct an ongoing criminal investigation | 2 | | by the agency that is the recipient of the request.
| 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 commercial or financial information are | 17 | | furnished under a claim that they are
proprietary, | 18 | | privileged or confidential, and that disclosure of the | 19 | | trade
secrets or commercial or financial information would | 20 | | cause competitive harm to the person or business, and only | 21 | | insofar as the claim directly applies to the records | 22 | | requested. | 23 | | The information included under this exemption includes | 24 | | all trade secrets and commercial or financial information | 25 | | obtained by a public body, including a public pension fund, | 26 | | from a private equity fund or a privately held company |
| | | 09700SB0039sam002 | - 8 - | LRB097 05061 JDS 51473 a |
|
| 1 | | within the investment portfolio of a private equity fund as | 2 | | a result of either investing or evaluating a potential | 3 | | investment of public funds in a private equity fund. The | 4 | | exemption contained in this item does not apply to the | 5 | | aggregate financial performance information of a private | 6 | | equity fund, nor to the identity of the fund's managers or | 7 | | general partners. The exemption contained in this item does | 8 | | not apply to the identity of a privately held company | 9 | | within the investment portfolio of a private equity fund, | 10 | | unless the disclosure of the identity of a privately held | 11 | | company may cause competitive harm. | 12 | | Nothing contained in this
paragraph (g) shall be | 13 | | construed to prevent a person or business from
consenting | 14 | | to disclosure.
| 15 | | (h) Proposals and bids for any contract, grant, or | 16 | | agreement, including
information which if it were | 17 | | disclosed would frustrate procurement or give
an advantage | 18 | | to any person proposing to enter into a contractor | 19 | | agreement
with the body, until an award or final selection | 20 | | is made. Information
prepared by or for the body in | 21 | | preparation of a bid solicitation shall be
exempt until an | 22 | | award or final selection is made.
| 23 | | (i) Valuable formulae,
computer geographic systems,
| 24 | | designs, drawings and research data obtained or
produced by | 25 | | any public body when disclosure could reasonably be | 26 | | expected to
produce private gain or public loss.
The |
| | | 09700SB0039sam002 | - 9 - | LRB097 05061 JDS 51473 a |
|
| 1 | | exemption for "computer geographic systems" provided in | 2 | | this paragraph
(i) does not extend to requests made by news | 3 | | media as defined in Section 2 of
this Act when the | 4 | | requested information is not otherwise exempt and the only
| 5 | | purpose of the request is to access and disseminate | 6 | | information regarding the
health, safety, welfare, or | 7 | | legal rights of the general public.
| 8 | | (j) The following information pertaining to | 9 | | educational matters: | 10 | | (i) test questions, scoring keys and other | 11 | | examination data used to
administer an academic | 12 | | examination;
| 13 | | (ii) information received by a primary or | 14 | | secondary school, college, or university under its | 15 | | procedures for the evaluation of faculty members by | 16 | | their academic peers; | 17 | | (iii) information concerning a school or | 18 | | university's adjudication of student disciplinary | 19 | | cases, but only to the extent that disclosure would | 20 | | unavoidably reveal the identity of the student; and | 21 | | (iv) course materials or research materials used | 22 | | by faculty members. | 23 | | (k) Architects' plans, engineers' technical | 24 | | submissions, and
other
construction related technical | 25 | | documents for
projects not constructed or developed in | 26 | | whole or in part with public funds
and the same for |
| | | 09700SB0039sam002 | - 10 - | LRB097 05061 JDS 51473 a |
|
| 1 | | projects constructed or developed with public funds, | 2 | | including but not limited to power generating and | 3 | | distribution stations and other transmission and | 4 | | distribution facilities, water treatment facilities, | 5 | | airport facilities, sport stadiums, convention centers, | 6 | | and all government owned, operated, or occupied buildings, | 7 | | but
only to the extent
that disclosure would compromise | 8 | | security.
| 9 | | (l) Minutes of meetings of public bodies closed to the
| 10 | | public as provided in the Open Meetings Act until the | 11 | | public body
makes the minutes available to the public under | 12 | | Section 2.06 of the Open
Meetings Act.
| 13 | | (m) Communications between a public body and an | 14 | | attorney or auditor
representing the public body that would | 15 | | not be subject to discovery in
litigation, and materials | 16 | | prepared or compiled by or for a public body in
| 17 | | anticipation of a criminal, civil or administrative | 18 | | proceeding upon the
request of an attorney advising the | 19 | | public body, and materials prepared or
compiled with | 20 | | respect to internal audits of public bodies.
However, | 21 | | communications and materials exchanged between a lobbyist | 22 | | and a public body that concern either lobbying performed on | 23 | | behalf of the public body by the lobbyist or the | 24 | | expenditure of public moneys for goods or services provided | 25 | | on behalf of the public body by the lobbyist are public | 26 | | records and are not exempt from inspection and copying |
| | | 09700SB0039sam002 | - 11 - | LRB097 05061 JDS 51473 a |
|
| 1 | | unless otherwise exempt under this Section.
| 2 | | (n) Records relating to a public body's adjudication of | 3 | | employee grievances or disciplinary cases; however, this | 4 | | exemption shall not extend to the final outcome of cases in | 5 | | which discipline is imposed.
| 6 | | (o) Administrative or technical information associated | 7 | | with automated
data processing operations, including but | 8 | | not limited to software,
operating protocols, computer | 9 | | program abstracts, file layouts, source
listings, object | 10 | | modules, load modules, user guides, documentation
| 11 | | pertaining to all logical and physical design of | 12 | | computerized systems,
employee manuals, and any other | 13 | | information that, if disclosed, would
jeopardize the | 14 | | security of the system or its data or the security of
| 15 | | materials exempt under this Section.
| 16 | | (p) Records relating to collective negotiating matters
| 17 | | between public bodies and their employees or | 18 | | representatives, except that
any final contract or | 19 | | agreement shall be subject to inspection and copying.
| 20 | | (q) Test questions, scoring keys, and other | 21 | | examination data used to determine the qualifications of an | 22 | | applicant for a license or employment.
| 23 | | (r) The records, documents, and information relating | 24 | | to real estate
purchase negotiations until those | 25 | | negotiations have been completed or
otherwise terminated. | 26 | | With regard to a parcel involved in a pending or
actually |
| | | 09700SB0039sam002 | - 12 - | LRB097 05061 JDS 51473 a |
|
| 1 | | and reasonably contemplated eminent domain proceeding | 2 | | under the Eminent Domain Act, records, documents and
| 3 | | information relating to that parcel shall be exempt except | 4 | | as may be
allowed under discovery rules adopted by the | 5 | | Illinois Supreme Court. The
records, documents and | 6 | | information relating to a real estate sale shall be
exempt | 7 | | until a sale is consummated.
| 8 | | (s) Any and all proprietary information and records | 9 | | related to the
operation of an intergovernmental risk | 10 | | management association or
self-insurance pool or jointly | 11 | | self-administered health and accident
cooperative or pool.
| 12 | | Insurance or self insurance (including any | 13 | | intergovernmental risk management association or self | 14 | | insurance pool) claims, loss or risk management | 15 | | information, records, data, advice or communications.
| 16 | | (t) Information contained in or related to | 17 | | examination, operating, or
condition reports prepared by, | 18 | | on behalf of, or for the use of a public
body responsible | 19 | | for the regulation or supervision of financial
| 20 | | institutions or insurance companies, unless disclosure is | 21 | | otherwise
required by State law.
| 22 | | (u) Information that would disclose
or might lead to | 23 | | the disclosure of
secret or confidential information, | 24 | | codes, algorithms, programs, or private
keys intended to be | 25 | | used to create electronic or digital signatures under the
| 26 | | Electronic Commerce Security Act.
|
| | | 09700SB0039sam002 | - 13 - | LRB097 05061 JDS 51473 a |
|
| 1 | | (v) Vulnerability assessments, security measures, and | 2 | | response policies
or plans that are designed to identify, | 3 | | prevent, or respond to potential
attacks upon a community's | 4 | | population or systems, facilities, or installations,
the | 5 | | destruction or contamination of which would constitute a | 6 | | clear and present
danger to the health or safety of the | 7 | | community, but only to the extent that
disclosure could | 8 | | reasonably be expected to jeopardize the effectiveness of | 9 | | the
measures or the safety of the personnel who implement | 10 | | them or the public.
Information exempt under this item may | 11 | | include such things as details
pertaining to the | 12 | | mobilization or deployment of personnel or equipment, to | 13 | | the
operation of communication systems or protocols, or to | 14 | | tactical operations.
| 15 | | (w) (Blank). | 16 | | (x) Maps and other records regarding the location or | 17 | | security of generation, transmission, distribution, | 18 | | storage, gathering,
treatment, or switching facilities | 19 | | owned by a utility, by a power generator, or by the | 20 | | Illinois Power Agency.
| 21 | | (y) Information contained in or related to proposals, | 22 | | bids, or negotiations related to electric power | 23 | | procurement under Section 1-75 of the Illinois Power Agency | 24 | | Act and Section 16-111.5 of the Public Utilities Act that | 25 | | is determined to be confidential and proprietary by the | 26 | | Illinois Power Agency or by the Illinois Commerce |
| | | 09700SB0039sam002 | - 14 - | LRB097 05061 JDS 51473 a |
|
| 1 | | Commission.
| 2 | | (z) Information about students exempted from | 3 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 4 | | School Code, and information about undergraduate students | 5 | | enrolled at an institution of higher education exempted | 6 | | from disclosure under Section 25 of the Illinois Credit | 7 | | Card Marketing Act of 2009. | 8 | | (aa) Information the disclosure of which is
exempted | 9 | | under the Viatical Settlements Act of 2009.
| 10 | | (bb) Records and information provided to a mortality | 11 | | review team and records maintained by a mortality review | 12 | | team appointed under the Department of Juvenile Justice | 13 | | Mortality Review Team Act. | 14 | | (cc) (bb) Information regarding interments, | 15 | | entombments, or inurnments of human remains that are | 16 | | submitted to the Cemetery Oversight Database under the | 17 | | Cemetery Care Act or the Cemetery Oversight Act, whichever | 18 | | is applicable. | 19 | | (2) A public record that is not in the possession of a | 20 | | public body but is in the possession of a party with whom the | 21 | | agency has contracted to perform a governmental function on | 22 | | behalf of the public body, and that directly relates to the | 23 | | governmental function and is not otherwise exempt under this | 24 | | Act, shall be considered a public record of the public body, | 25 | | for purposes of this Act. | 26 | | (3) This Section does not authorize withholding of |
| | | 09700SB0039sam002 | - 15 - | LRB097 05061 JDS 51473 a |
|
| 1 | | information or limit the
availability of records to the public, | 2 | | except as stated in this Section or
otherwise provided in this | 3 | | Act.
| 4 | | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | 5 | | 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | 6 | | 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | 7 | | 96-736, eff. 7-1-10; 96-863, eff. 3-1-10; 96-1378, eff. | 8 | | 7-29-10; revised 9-2-10.)".
|
|