Illinois General Assembly - Full Text of SB3112
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Full Text of SB3112  99th General Assembly


Sen. William R. Haine

Filed: 4/14/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 3112 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        (d-5) A law enforcement record created for law
10    enforcement purposes and contained in a shared electronic
11    record management system if the law enforcement agency that
12    is the recipient of the request did not create the record,
13    did not participate in or have a role in any of the events
14    which are the subject of the record, and only has access to
15    the record through the shared electronic record management
16    system.
17        (e) Records that relate to or affect the security of
18    correctional institutions and detention facilities.
19        (e-5) Records requested by persons committed to the
20    Department of Corrections or a county jail if those
21    materials are available in the library of the correctional
22    facility or jail where the inmate is confined.
23        (e-6) Records requested by persons committed to the
24    Department of Corrections or a county jail if those
25    materials include records from staff members' personnel
26    files, staff rosters, or other staffing assignment



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1    information, law enforcement records of other persons in
2    the custody of or committed to the Department of
3    Corrections or a county jail, or records considered to be
4    contraband or otherwise restricted by the Department of
5    Corrections or county sheriff.
6        (e-7) Records requested by persons committed to the
7    Department of Corrections if those materials are available
8    through an administrative request to the Department of
9    Corrections.
10        (e-9) Records requested by persons committed to the
11    Department of Corrections or a county jail regarding
12    criminal investigations or prosecutions, unless the
13    request to inspect or to obtain a copy of the record is for
14    the purpose of acquiring information that is subject to
15    release as a public record under this Section, and a judge
16    finds that the information sought in the public record is
17    necessary to support what appears to be a justiciable claim
18    of the person requesting the record.
19        (e-11) Records requested by persons committed to the
20    Department of Corrections or a county jail, the disclosure
21    of which the Director of the Department of Corrections or
22    county sheriff has reasonable grounds to believe may result
23    in a safety risk, including the risk of harm to any person
24    or the risk of an escape from, or a disorder in, a jail or
25    correctional institution or facility.
26        (e-13) Records requested by a person in a county jail



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1    or committed to the Department of Corrections containing
2    personal information pertaining to the person's victim or
3    the victim's family, including, but not limited to, a
4    victim's home address, home telephone number, work or
5    school address, work telephone number, social security
6    account number, medical history, or any other identifying
7    information.
8        (f) Preliminary drafts, notes, recommendations,
9    memoranda and other records in which opinions are
10    expressed, or policies or actions are formulated, except
11    that a specific record or relevant portion of a record
12    shall not be exempt when the record is publicly cited and
13    identified by the head of the public body. The exemption
14    provided in this paragraph (f) extends to all those records
15    of officers and agencies of the General Assembly that
16    pertain to the preparation of legislative documents.
17        (g) Trade secrets and commercial or financial
18    information obtained from a person or business where the
19    trade secrets or commercial or financial information are
20    furnished under a claim that they are proprietary,
21    privileged or confidential, and that disclosure of the
22    trade secrets or commercial or financial information would
23    cause competitive harm to the person or business, and only
24    insofar as the claim directly applies to the records
25    requested.
26        The information included under this exemption includes



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



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



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



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



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1    Illinois Supreme Court. The records, documents and
2    information relating to a real estate sale shall be exempt
3    until a sale is consummated.
4        (s) Any and all proprietary information and records
5    related to the operation of an intergovernmental risk
6    management association or self-insurance pool or jointly
7    self-administered health and accident cooperative or pool.
8    Insurance or self insurance (including any
9    intergovernmental risk management association or self
10    insurance pool) claims, loss or risk management
11    information, records, data, advice or communications.
12        (t) Information contained in or related to
13    examination, operating, or condition reports prepared by,
14    on behalf of, or for the use of a public body responsible
15    for the regulation or supervision of financial
16    institutions or insurance companies, unless disclosure is
17    otherwise required by State law.
18        (u) Information that would disclose or might lead to
19    the disclosure of secret or confidential information,
20    codes, algorithms, programs, or private keys intended to be
21    used to create electronic or digital signatures under the
22    Electronic Commerce Security Act.
23        (v) Vulnerability assessments, security measures, and
24    response policies or plans that are designed to identify,
25    prevent, or respond to potential attacks upon a community's
26    population or systems, facilities, or installations, the



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1    destruction or contamination of which would constitute a
2    clear and present danger to the health or safety of the
3    community, but only to the extent that disclosure could
4    reasonably be expected to jeopardize the effectiveness of
5    the measures or the safety of the personnel who implement
6    them or the public. Information exempt under this item may
7    include such things as details pertaining to the
8    mobilization or deployment of personnel or equipment, to
9    the operation of communication systems or protocols, or to
10    tactical operations.
11        (w) (Blank).
12        (x) Maps and other records regarding the location or
13    security of generation, transmission, distribution,
14    storage, gathering, treatment, or switching facilities
15    owned by a utility, by a power generator, or by the
16    Illinois Power Agency.
17        (y) Information contained in or related to proposals,
18    bids, or negotiations related to electric power
19    procurement under Section 1-75 of the Illinois Power Agency
20    Act and Section 16-111.5 of the Public Utilities Act that
21    is determined to be confidential and proprietary by the
22    Illinois Power Agency or by the Illinois Commerce
23    Commission.
24        (z) Information about students exempted from
25    disclosure under Sections 10-20.38 or 34-18.29 of the
26    School Code, and information about undergraduate students



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1    enrolled at an institution of higher education exempted
2    from disclosure under Section 25 of the Illinois Credit
3    Card Marketing Act of 2009.
4        (aa) Information the disclosure of which is exempted
5    under the Viatical Settlements Act of 2009.
6        (bb) Records and information provided to a mortality
7    review team and records maintained by a mortality review
8    team appointed under the Department of Juvenile Justice
9    Mortality Review Team Act.
10        (cc) Information regarding interments, entombments, or
11    inurnments of human remains that are submitted to the
12    Cemetery Oversight Database under the Cemetery Care Act or
13    the Cemetery Oversight Act, whichever is applicable.
14        (dd) Correspondence and records (i) that may not be
15    disclosed under Section 11-9 of the Public Aid Code or (ii)
16    that pertain to appeals under Section 11-8 of the Public
17    Aid Code.
18        (ee) The names, addresses, or other personal
19    information of persons who are minors and are also
20    participants and registrants in programs of park
21    districts, forest preserve districts, conservation
22    districts, recreation agencies, and special recreation
23    associations.
24        (ff) The names, addresses, or other personal
25    information of participants and registrants in programs of
26    park districts, forest preserve districts, conservation



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1    districts, recreation agencies, and special recreation
2    associations where such programs are targeted primarily to
3    minors.
4        (gg) Confidential information described in Section
5    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
6        (hh) The report submitted to the State Board of
7    Education by the School Security and Standards Task Force
8    under item (8) of subsection (d) of Section 2-3.160 of the
9    School Code and any information contained in that report.
10        (ii) Records requested by persons committed to or
11    detained by the Department of Human Services under the
12    Sexually Violent Persons Commitment Act or committed to the
13    Department of Corrections under the Sexually Dangerous
14    Persons Act if those materials: (i) are available in the
15    library of the facility where the individual is confined;
16    (ii) include records from staff members' personnel files,
17    staff rosters, or other staffing assignment information;
18    or (iii) are available through an administrative request to
19    the Department of Human Services or the Department of
20    Corrections.
21        (jj) (ii) Confidential information described in
22    Section 5-535 of the Civil Administrative Code of Illinois.
23        (kk) Information or materials received, generated, or
24    maintained by a State's Attorney, county sheriff, or other
25    law enforcement agency that are subject to the criminal
26    discovery process, the disclosure of which would



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1    circumvent Supreme Court Rule 415. This exemption applies
2    while the case is pending or the subject of a direct
3    appeal.
4    (1.5) Any information exempt from disclosure under the
5Judicial Privacy Act shall be redacted from public records
6prior to disclosure under this Act.
7    (2) A public record that is not in the possession of a
8public body but is in the possession of a party with whom the
9agency has contracted to perform a governmental function on
10behalf of the public body, and that directly relates to the
11governmental function and is not otherwise exempt under this
12Act, shall be considered a public record of the public body,
13for purposes of this Act.
14    (3) This Section does not authorize withholding of
15information or limit the availability of records to the public,
16except as stated in this Section or otherwise provided in this
18(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
1998-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
20revised 1-11-16.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".