Full Text of SB0013 99th General Assembly
SB0013sam003 99TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 4/17/2015
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| 1 | | AMENDMENT TO SENATE BILL 13
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 13, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Freedom of Information Act is amended by | 6 | | changing Section 7 as follows: | 7 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 8 | | Sec. 7. Exemptions.
| 9 | | (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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| 1 | | (a) Information specifically prohibited from | 2 | | disclosure by federal or
State law or rules and regulations | 3 | | implementing federal or State law.
| 4 | | (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.
| 24 | | (d) Records in the possession of any public body | 25 | | created in the course of administrative enforcement
| 26 | | proceedings, and any law enforcement or correctional |
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| 1 | | agency for
law enforcement purposes,
but only to the extent | 2 | | that disclosure would:
| 3 | | (i) interfere with pending or actually and | 4 | | reasonably contemplated
law enforcement proceedings | 5 | | conducted by any law enforcement or correctional
| 6 | | agency that is the recipient of the request;
| 7 | | (ii) interfere with active administrative | 8 | | enforcement proceedings
conducted by the public body | 9 | | that is the recipient of the request;
| 10 | | (iii) create a substantial likelihood that a | 11 | | person will be deprived of a fair trial or an impartial | 12 | | hearing;
| 13 | | (iv) unavoidably disclose the identity of a | 14 | | confidential source, confidential information | 15 | | furnished only by the confidential source, or persons | 16 | | who file complaints with or provide information to | 17 | | administrative, investigative, law enforcement, or | 18 | | penal agencies; except that the identities of | 19 | | witnesses to traffic accidents, traffic accident | 20 | | reports, and rescue reports shall be provided by | 21 | | agencies of local government, except when disclosure | 22 | | would interfere with an active criminal investigation | 23 | | conducted by the agency that is the recipient of the | 24 | | request;
| 25 | | (v) disclose unique or specialized investigative | 26 | | techniques other than
those generally used and known or |
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| 1 | | disclose internal documents of
correctional agencies | 2 | | related to detection, observation or investigation of
| 3 | | incidents of crime or misconduct, and disclosure would | 4 | | result in demonstrable harm to the agency or public | 5 | | body that is the recipient of the request;
| 6 | | (vi) endanger the life or physical safety of law | 7 | | enforcement personnel
or any other person; or
| 8 | | (vii) obstruct an ongoing criminal investigation | 9 | | by the agency that is the recipient of the request.
| 10 | | (d-5) A law enforcement record created for law | 11 | | enforcement purposes and contained in a shared electronic | 12 | | record management system if the law enforcement agency that | 13 | | is the recipient of the request did not create the record, | 14 | | did not participate in or have a role in any of the events | 15 | | which are the subject of the record, and only has access to | 16 | | the record through the shared electronic record management | 17 | | system. | 18 | | (e) Records that relate to or affect the security of | 19 | | correctional
institutions and detention facilities.
| 20 | | (e-5) Records requested by persons committed to the | 21 | | Department of Corrections if those materials are available | 22 | | in the library of the correctional facility where the | 23 | | inmate is confined. | 24 | | (e-6) Records requested by persons committed to the | 25 | | Department of Corrections if those materials include | 26 | | records from staff members' personnel files, staff |
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| 1 | | rosters, or other staffing assignment information. | 2 | | (e-7) Records requested by persons committed to the | 3 | | Department of Corrections if those materials are available | 4 | | through an administrative request to the Department of | 5 | | Corrections. | 6 | | (f) Preliminary drafts, notes, recommendations, | 7 | | memoranda and other
records in which opinions are | 8 | | expressed, or policies or actions are
formulated, except | 9 | | that a specific record or relevant portion of a
record | 10 | | shall not be exempt when the record is publicly cited
and | 11 | | identified by the head of the public body. The exemption | 12 | | provided in
this paragraph (f) extends to all those records | 13 | | of officers and agencies
of the General Assembly that | 14 | | pertain to the preparation of legislative
documents.
| 15 | | (g) Trade secrets and commercial or financial | 16 | | information obtained from
a person or business where the | 17 | | trade secrets or commercial or financial information are | 18 | | furnished under a claim that they are
proprietary, | 19 | | privileged or confidential, and that disclosure of the | 20 | | trade
secrets or commercial or financial information would | 21 | | cause competitive harm to the person or business, and only | 22 | | insofar as the claim directly applies to the records | 23 | | requested. | 24 | | The information included under this exemption includes | 25 | | all trade secrets and commercial or financial information | 26 | | obtained by a public body, including a public pension fund, |
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| 1 | | from a private equity fund or a privately held company | 2 | | within the investment portfolio of a private equity fund as | 3 | | a result of either investing or evaluating a potential | 4 | | investment of public funds in a private equity fund. The | 5 | | exemption contained in this item does not apply to the | 6 | | aggregate financial performance information of a private | 7 | | equity fund, nor to the identity of the fund's managers or | 8 | | general partners. The exemption contained in this item does | 9 | | not apply to the identity of a privately held company | 10 | | within the investment portfolio of a private equity fund, | 11 | | unless the disclosure of the identity of a privately held | 12 | | company may cause competitive harm. | 13 | | Nothing contained in this
paragraph (g) shall be | 14 | | construed to prevent a person or business from
consenting | 15 | | to disclosure.
| 16 | | (h) Proposals and bids for any contract, grant, or | 17 | | agreement, including
information which if it were | 18 | | disclosed would frustrate procurement or give
an advantage | 19 | | to any person proposing to enter into a contractor | 20 | | agreement
with the body, until an award or final selection | 21 | | is made. Information
prepared by or for the body in | 22 | | preparation of a bid solicitation shall be
exempt until an | 23 | | award or final selection is made.
| 24 | | (i) Valuable formulae,
computer geographic systems,
| 25 | | designs, drawings and research data obtained or
produced by | 26 | | any public body when disclosure could reasonably be |
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| 1 | | expected to
produce private gain or public loss.
The | 2 | | exemption for "computer geographic systems" provided in | 3 | | this paragraph
(i) does not extend to requests made by news | 4 | | media as defined in Section 2 of
this Act when the | 5 | | requested information is not otherwise exempt and the only
| 6 | | purpose of the request is to access and disseminate | 7 | | information regarding the
health, safety, welfare, or | 8 | | legal rights of the general public.
| 9 | | (j) The following information pertaining to | 10 | | educational matters: | 11 | | (i) test questions, scoring keys and other | 12 | | examination data used to
administer an academic | 13 | | examination;
| 14 | | (ii) information received by a primary or | 15 | | secondary school, college, or university under its | 16 | | procedures for the evaluation of faculty members by | 17 | | their academic peers; | 18 | | (iii) information concerning a school or | 19 | | university's adjudication of student disciplinary | 20 | | cases, but only to the extent that disclosure would | 21 | | unavoidably reveal the identity of the student; and | 22 | | (iv) course materials or research materials used | 23 | | by faculty members. | 24 | | (k) Architects' plans, engineers' technical | 25 | | submissions, and
other
construction related technical | 26 | | documents for
projects not constructed or developed in |
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| 1 | | whole or in part with public funds
and the same for | 2 | | projects constructed or developed with public funds, | 3 | | including but not limited to power generating and | 4 | | distribution stations and other transmission and | 5 | | distribution facilities, water treatment facilities, | 6 | | airport facilities, sport stadiums, convention centers, | 7 | | and all government owned, operated, or occupied buildings, | 8 | | but
only to the extent
that disclosure would compromise | 9 | | security.
| 10 | | (l) Minutes of meetings of public bodies closed to the
| 11 | | public as provided in the Open Meetings Act until the | 12 | | public body
makes the minutes available to the public under | 13 | | Section 2.06 of the Open
Meetings Act.
| 14 | | (m) Communications between a public body and an | 15 | | attorney or auditor
representing the public body that would | 16 | | not be subject to discovery in
litigation, and materials | 17 | | prepared or compiled by or for a public body in
| 18 | | anticipation of a criminal, civil or administrative | 19 | | proceeding upon the
request of an attorney advising the | 20 | | public body, and materials prepared or
compiled with | 21 | | respect to internal audits of public bodies.
| 22 | | (n) Records relating to a public body's adjudication of | 23 | | employee grievances or disciplinary cases; however, this | 24 | | exemption shall not extend to the final outcome of cases in | 25 | | which discipline is imposed.
| 26 | | (o) Administrative or technical information associated |
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| 1 | | with automated
data processing operations, including but | 2 | | not limited to software,
operating protocols, computer | 3 | | program abstracts, file layouts, source
listings, object | 4 | | modules, load modules, user guides, documentation
| 5 | | pertaining to all logical and physical design of | 6 | | computerized systems,
employee manuals, and any other | 7 | | information that, if disclosed, would
jeopardize the | 8 | | security of the system or its data or the security of
| 9 | | materials exempt under this Section.
| 10 | | (p) Records relating to collective negotiating matters
| 11 | | between public bodies and their employees or | 12 | | representatives, except that
any final contract or | 13 | | agreement shall be subject to inspection and copying.
| 14 | | (q) Test questions, scoring keys, and other | 15 | | examination data used to determine the qualifications of an | 16 | | applicant for a license or employment.
| 17 | | (r) The records, documents, and information relating | 18 | | to real estate
purchase negotiations until those | 19 | | negotiations have been completed or
otherwise terminated. | 20 | | With regard to a parcel involved in a pending or
actually | 21 | | and reasonably contemplated eminent domain proceeding | 22 | | under the Eminent Domain Act, records, documents and
| 23 | | information relating to that parcel shall be exempt except | 24 | | as may be
allowed under discovery rules adopted by the | 25 | | Illinois Supreme Court. The
records, documents and | 26 | | information relating to a real estate sale shall be
exempt |
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| 1 | | until a sale is consummated.
| 2 | | (s) Any and all proprietary information and records | 3 | | related to the
operation of an intergovernmental risk | 4 | | management association or
self-insurance pool or jointly | 5 | | self-administered health and accident
cooperative or pool.
| 6 | | Insurance or self insurance (including any | 7 | | intergovernmental risk management association or self | 8 | | insurance pool) claims, loss or risk management | 9 | | information, records, data, advice or communications.
| 10 | | (t) Information contained in or related to | 11 | | examination, operating, or
condition reports prepared by, | 12 | | on behalf of, or for the use of a public
body responsible | 13 | | for the regulation or supervision of financial
| 14 | | institutions or insurance companies, unless disclosure is | 15 | | otherwise
required by State law.
| 16 | | (u) Information that would disclose
or might lead to | 17 | | the disclosure of
secret or confidential information, | 18 | | codes, algorithms, programs, or private
keys intended to be | 19 | | used to create electronic or digital signatures under the
| 20 | | Electronic Commerce Security Act.
| 21 | | (v) Vulnerability assessments, security measures, and | 22 | | response policies
or plans that are designed to identify, | 23 | | prevent, or respond to potential
attacks upon a community's | 24 | | population or systems, facilities, or installations,
the | 25 | | destruction or contamination of which would constitute a | 26 | | clear and present
danger to the health or safety of the |
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| 1 | | community, but only to the extent that
disclosure could | 2 | | reasonably be expected to jeopardize the effectiveness of | 3 | | the
measures or the safety of the personnel who implement | 4 | | them or the public.
Information exempt under this item may | 5 | | include such things as details
pertaining to the | 6 | | mobilization or deployment of personnel or equipment, to | 7 | | the
operation of communication systems or protocols, or to | 8 | | tactical operations.
| 9 | | (w) (Blank). | 10 | | (x) Maps and other records regarding the location or | 11 | | security of generation, transmission, distribution, | 12 | | storage, gathering,
treatment, or switching facilities | 13 | | owned by a utility, by a power generator, or by the | 14 | | Illinois Power Agency.
| 15 | | (y) Information contained in or related to proposals, | 16 | | bids, or negotiations related to electric power | 17 | | procurement under Section 1-75 of the Illinois Power Agency | 18 | | Act and Section 16-111.5 of the Public Utilities Act that | 19 | | is determined to be confidential and proprietary by the | 20 | | Illinois Power Agency or by the Illinois Commerce | 21 | | Commission.
| 22 | | (z) Information about students exempted from | 23 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 24 | | School Code, and information about undergraduate students | 25 | | enrolled at an institution of higher education exempted | 26 | | from disclosure under Section 25 of the Illinois Credit |
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| 1 | | Card Marketing Act of 2009. | 2 | | (aa) Information the disclosure of which is
exempted | 3 | | under the Viatical Settlements Act of 2009.
| 4 | | (bb) Records and information provided to a mortality | 5 | | review team and records maintained by a mortality review | 6 | | team appointed under the Department of Juvenile Justice | 7 | | Mortality Review Team Act. | 8 | | (cc) Information regarding interments, entombments, or | 9 | | inurnments of human remains that are submitted to the | 10 | | Cemetery Oversight Database under the Cemetery Care Act or | 11 | | the Cemetery Oversight Act, whichever is applicable. | 12 | | (dd) Correspondence and records (i) that may not be | 13 | | disclosed under Section 11-9 of the Public Aid Code or (ii) | 14 | | that pertain to appeals under Section 11-8 of the Public | 15 | | Aid Code. | 16 | | (ee) The names, addresses, or other personal | 17 | | information of persons who are minors and are also | 18 | | participants and registrants in programs of park | 19 | | districts, forest preserve districts, conservation | 20 | | districts, recreation agencies, and special recreation | 21 | | associations. | 22 | | (ff) The names, addresses, or other personal | 23 | | information of participants and registrants in programs of | 24 | | park districts, forest preserve districts, conservation | 25 | | districts, recreation agencies, and special recreation | 26 | | associations where such programs are targeted primarily to |
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| 1 | | minors. | 2 | | (gg) Confidential information described in Section | 3 | | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | 4 | | (hh) The report submitted to the State Board of | 5 | | Education by the School Security and Standards Task Force | 6 | | under item (8) of subsection (d) of Section 2-3.160 of the | 7 | | School Code and any information contained in that report. | 8 | | (ii) Confidential information described in Section | 9 | | 5-535 of the Civil Administrative Code of Illinois. | 10 | | (1.5) Any information exempt from disclosure under the | 11 | | Judicial Privacy Act shall be redacted from public records | 12 | | prior to disclosure under this Act. | 13 | | (2) A public record that is not in the possession of a | 14 | | public body but is in the possession of a party with whom the | 15 | | agency has contracted to perform a governmental function on | 16 | | behalf of the public body, and that directly relates to the | 17 | | governmental function and is not otherwise exempt under this | 18 | | Act, shall be considered a public record of the public body, | 19 | | for purposes of this Act. | 20 | | (3) This Section does not authorize withholding of | 21 | | information or limit the
availability of records to the public, | 22 | | except as stated in this Section or
otherwise provided in this | 23 | | Act.
| 24 | | (Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11; | 25 | | 97-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff. | 26 | | 7-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129, |
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| 1 | | eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13; | 2 | | 98-695, eff. 7-3-14.) | 3 | | Section 10. The Civil Administrative Code of Illinois is | 4 | | amended by changing Section 5-535 as follows:
| 5 | | (20 ILCS 5/5-535) (was 20 ILCS 5/6.15)
| 6 | | Sec. 5-535. In the Department of Children and Family | 7 | | Services. A Children and Family Services Advisory Council of 21 | 8 | | 17
members , one of whom shall be a senior citizen age 60 or | 9 | | over, appointed
by the Governor. The Department of Children and | 10 | | Family Services may involve the participation of additional | 11 | | persons with specialized expertise to assist the Council in | 12 | | specified tasks. The Council shall advise the Department with
| 13 | | respect to
services and programs for individuals under the | 14 | | Department of Children and Family Services' children and for | 15 | | adults under its care , which may include, but is not limited | 16 | | to: . | 17 | | (1) reviewing the Department of Children and Family | 18 | | Services' monitoring process for child care facilities and | 19 | | child care institutions, as defined in Sections 2.05 and | 20 | | 2.06 of the Child Care Act of 1969; | 21 | | (2) reviewing monitoring standards to address the | 22 | | quality of life for youth in Department of Children and | 23 | | Family Services' licensed child care facilities; | 24 | | (3) assisting and making recommendations to establish |
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| 1 | | standards for monitoring the safety and well-being of youth | 2 | | placed in Department of Children and Family Services' | 3 | | licensed child care facilities and overseeing the | 4 | | implementation of its recommendations; | 5 | | (4) identifying areas of improvement in the quality of | 6 | | investigations of allegations of child abuse or neglect in | 7 | | Department of Children and Family Services' licensed child | 8 | | care facilities and institutions and transitional living | 9 | | programs; | 10 | | (5) reviewing indicated and unfounded reports selected | 11 | | at random; | 12 | | (6) reviewing a random sample of calls to the | 13 | | Department of Children and Family Services' statewide | 14 | | toll-free telephone number established under Section 9.1a | 15 | | of the Child Care Act of 1969, including those where | 16 | | investigations were not initiated; and | 17 | | (7) preparing and providing recommendations that | 18 | | identify areas of needed improvement regarding the | 19 | | investigation of allegations of abuse and neglect to | 20 | | children in Department of Children and Family Services' | 21 | | licensed child care facilities and institutions and | 22 | | transitional living programs, as well as needed changes to | 23 | | existing laws, rules, and procedures of the Department of | 24 | | Children and Family Services, and overseeing | 25 | | implementation of its recommendations. | 26 | | The Council's initial recommendations shall be filed with |
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| 1 | | the General Assembly and made available to the public no later | 2 | | than March 1, 2017. | 3 | | The Department of Children and Family Services shall | 4 | | provide, upon request, all records and information in the | 5 | | Department of Children and Family Services' possession | 6 | | relevant to the Advisory Council's review. All documents | 7 | | concerning reports and investigations of child abuse and | 8 | | neglect made available to members of the Advisory Council and | 9 | | all records generated as a result of the reports shall be | 10 | | confidential and shall not be disclosed, except as specifically | 11 | | authorized by applicable law. It is a Class A misdemeanor to | 12 | | permit, assist, or encourage the unauthorized release of any | 13 | | information contained in reports or records and these reports | 14 | | or records are not subject to the Freedom of Information Act. | 15 | | In
appointing the first Council, 8 members shall be named | 16 | | to serve 2 years,
and 8 members named to serve 4 years. The | 17 | | member first
appointed under Public Act 83-1538
shall serve for | 18 | | a term of 4
years. All members appointed thereafter
shall be | 19 | | appointed for terms of 4 years. Beginning July 1, 2015, the | 20 | | Advisory Council shall include as appointed members at least | 21 | | one youth from each of the Department of Children and Family | 22 | | Services' regional youth advisory boards established pursuant | 23 | | to Section 5 of the Department of Children and Family Services | 24 | | Statewide Youth Advisory Board Act and at least 2 adult former | 25 | | wards of the Department of Children and Family Services. At its | 26 | | first meeting the Council
shall select a chairperson chairman |
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| 1 | | from among its members and appoint a committee to
draft rules | 2 | | of procedure.
| 3 | | (Source: P.A. 91-239, eff. 1-1-00.)".
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