Sen. William R. Haine

Filed: 5/17/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 3112, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Freedom of Information Act is amended by
6changing Sections 3 and 7 and by adding Section 3.4 as follows:
7    (5 ILCS 140/3)  (from Ch. 116, par. 203)
8    Sec. 3. (a) Each public body shall make available to any
9person for inspection or copying all public records, except as
10otherwise provided in Sections 7 and 8.5 of this Act.
11Notwithstanding any other law, a public body may not grant to
12any person or entity, whether by contract, license, or
13otherwise, the exclusive right to access and disseminate any
14public record as defined in this Act.
15    (b) Subject to the fee provisions of Section 6 of this Act,
16each public body shall promptly provide, to any person who



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1submits a request, a copy of any public record required to be
2disclosed by subsection (a) of this Section and shall certify
3such copy if so requested.
4    (c) Requests for inspection or copies shall be made in
5writing and directed to the public body. Written requests may
6be submitted to a public body via personal delivery, mail,
7telefax, or other means available to the public body. A public
8body may honor oral requests for inspection or copying. A
9public body may not require that a request be submitted on a
10standard form or require the requester to specify the purpose
11for a request, except to determine whether the records are
12requested for a commercial purpose or whether to grant a
13request for a fee waiver. All requests for inspection and
14copying received by a public body shall immediately be
15forwarded to its Freedom of Information officer or designee.
16    (d) Each public body shall, promptly, either comply with or
17deny a request for public records within 5 business days after
18its receipt of the request, unless the time for response is
19properly extended under subsection (e) of this Section. Denial
20shall be in writing as provided in Section 9 of this Act.
21Failure to comply with a written request, extend the time for
22response, or deny a request within 5 business days after its
23receipt shall be considered a denial of the request. A public
24body that fails to respond to a request within the requisite
25periods in this Section but thereafter provides the requester
26with copies of the requested public records may not impose a



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1fee for such copies. A public body that fails to respond to a
2request received may not treat the request as unduly burdensome
3under subsection (g).
4    (e) The time for response under this Section may be
5extended by the public body for not more than 5 business days
6from the original due date for any of the following reasons:
7        (i) the requested records are stored in whole or in
8    part at other locations than the office having charge of
9    the requested records;
10        (ii) the request requires the collection of a
11    substantial number of specified records;
12        (iii) the request is couched in categorical terms and
13    requires an extensive search for the records responsive to
14    it;
15        (iv) the requested records have not been located in the
16    course of routine search and additional efforts are being
17    made to locate them;
18        (v) the requested records require examination and
19    evaluation by personnel having the necessary competence
20    and discretion to determine if they are exempt from
21    disclosure under Section 7 of this Act or should be
22    revealed only with appropriate deletions;
23        (vi) the request for records cannot be complied with by
24    the public body within the time limits prescribed by
25    paragraph (c) of this Section without unduly burdening or
26    interfering with the operations of the public body;



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1        (vii) there is a need for consultation, which shall be
2    conducted with all practicable speed, with another public
3    body or among two or more components of a public body
4    having a substantial interest in the determination or in
5    the subject matter of the request.
6    The person making a request and the public body may agree
7in writing to extend the time for compliance for a period to be
8determined by the parties. If the requester and the public body
9agree to extend the period for compliance, a failure by the
10public body to comply with any previous deadlines shall not be
11treated as a denial of the request for the records.
12    (f) When additional time is required for any of the above
13reasons, the public body shall, within 5 business days after
14receipt of the request, notify the person making the request of
15the reasons for the extension and the date by which the
16response will be forthcoming. Failure to respond within the
17time permitted for extension shall be considered a denial of
18the request. A public body that fails to respond to a request
19within the time permitted for extension but thereafter provides
20the requester with copies of the requested public records may
21not impose a fee for those copies. A public body that requests
22an extension and subsequently fails to respond to the request
23may not treat the request as unduly burdensome under subsection
25    (g) Requests calling for all records falling within a
26category shall be complied with unless compliance with the



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1request would be unduly burdensome for the complying public
2body and there is no way to narrow the request and the burden
3on the public body outweighs the public interest in the
4information. Before invoking this exemption, the public body
5shall extend to the person making the request an opportunity to
6confer with it in an attempt to reduce the request to
7manageable proportions. If any public body responds to a
8categorical request by stating that compliance would unduly
9burden its operation and the conditions described above are
10met, it shall do so in writing, specifying the reasons why it
11would be unduly burdensome and the extent to which compliance
12will so burden the operations of the public body. Such a
13response shall be treated as a denial of the request for
15    Repeated requests from the same person for the same records
16that are unchanged or identical to records previously provided
17or properly denied under this Act shall be deemed unduly
18burdensome under this provision.
19    (h) Each public body may promulgate rules and regulations
20in conformity with the provisions of this Section pertaining to
21the availability of records and procedures to be followed,
23        (i) the times and places where such records will be
24    made available, and
25        (ii) the persons from whom such records may be
26    obtained.



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1    (i) The time periods for compliance or denial of a request
2to inspect or copy records set out in this Section shall not
3apply to requests for records made for a commercial purpose,
4requests by a recurrent requester, requests made by a person
5committed to the Department of Corrections or a county jail, or
6voluminous requests. Such requests shall be subject to the
7provisions of Sections 3.1, 3.2, 3.4, and 3.6 of this Act, as
9(Source: P.A. 98-1129, eff. 12-3-14.)
10    (5 ILCS 140/3.4 new)
11    Sec. 3.4. Requests by incarcerated individuals. A public
12body shall respond to a request for records from a person
13committed to the Department of Corrections or a county jail
14within 21 working days after receipt.
15    (5 ILCS 140/7)  (from Ch. 116, par. 207)
16    Sec. 7. Exemptions.
17    (1) When a request is made to inspect or copy a public
18record that contains information that is exempt from disclosure
19under this Section, but also contains information that is not
20exempt from disclosure, the public body may elect to redact the
21information that is exempt. The public body shall make the
22remaining information available for inspection and copying.
23Subject to this requirement, the following shall be exempt from
24inspection 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 or a county jail if those
22    materials are available in the library of the correctional
23    facility or jail where the inmate is confined.
24        (e-6) Records requested by persons committed to the
25    Department of Corrections or a county jail if those
26    materials include records from staff members' personnel



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1    files, staff rosters, or other staffing assignment
2    information.
3        (e-7) Records requested by persons committed to the
4    Department of Corrections if those materials are available
5    through an administrative request to the Department of
6    Corrections.
7        (e-8) Records requested by a person committed to the
8    Department of Corrections or a county jail, the disclosure
9    of which would result in the risk of harm to any person or
10    the risk of an escape from a jail or correctional
11    institution or facility.
12        (e-9) Records requested by a person in a county jail or
13    committed to the Department of Corrections containing
14    personal information pertaining to the person's victim or
15    the victim's family, including, but not limited to, a
16    victim's home address, home telephone number, work or
17    school address, work telephone number, social security
18    account number, or any other identifying information,
19    except as may be relevant to a requester's current or
20    potential case or claim.
21        (e-10) Records requested by a person committed to the
22    Department of Corrections or a county jail if those
23    materials include law enforcement records of other persons
24    in the custody of or committed to the Department of
25    Corrections or a county jail, except as these records may
26    be relevant to the requester's current or potential case or



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1    claim.
2        (f) Preliminary drafts, notes, recommendations,
3    memoranda and other records in which opinions are
4    expressed, or policies or actions are formulated, except
5    that a specific record or relevant portion of a record
6    shall not be exempt when the record is publicly cited and
7    identified by the head of the public body. The exemption
8    provided in this paragraph (f) extends to all those records
9    of officers and agencies of the General Assembly that
10    pertain to the preparation of legislative documents.
11        (g) Trade secrets and commercial or financial
12    information obtained from a person or business where the
13    trade secrets or commercial or financial information are
14    furnished under a claim that they are proprietary,
15    privileged or confidential, and that disclosure of the
16    trade secrets or commercial or financial information would
17    cause competitive harm to the person or business, and only
18    insofar as the claim directly applies to the records
19    requested.
20        The information included under this exemption includes
21    all trade secrets and commercial or financial information
22    obtained by a public body, including a public pension fund,
23    from a private equity fund or a privately held company
24    within the investment portfolio of a private equity fund as
25    a result of either investing or evaluating a potential
26    investment of public funds in a private equity fund. The



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



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1    requested information is not otherwise exempt and the only
2    purpose of the request is to access and disseminate
3    information regarding the health, safety, welfare, or
4    legal rights of the general public.
5        (j) The following information pertaining to
6    educational matters:
7            (i) test questions, scoring keys and other
8        examination data used to administer an academic
9        examination;
10            (ii) information received by a primary or
11        secondary school, college, or university under its
12        procedures for the evaluation of faculty members by
13        their academic peers;
14            (iii) information concerning a school or
15        university's adjudication of student disciplinary
16        cases, but only to the extent that disclosure would
17        unavoidably reveal the identity of the student; and
18            (iv) course materials or research materials used
19        by faculty members.
20        (k) Architects' plans, engineers' technical
21    submissions, and other construction related technical
22    documents for projects not constructed or developed in
23    whole or in part with public funds and the same for
24    projects constructed or developed with public funds,
25    including but not limited to power generating and
26    distribution stations and other transmission and



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1    distribution facilities, water treatment facilities,
2    airport facilities, sport stadiums, convention centers,
3    and all government owned, operated, or occupied buildings,
4    but only to the extent that disclosure would compromise
5    security.
6        (l) Minutes of meetings of public bodies closed to the
7    public as provided in the Open Meetings Act until the
8    public body makes the minutes available to the public under
9    Section 2.06 of the Open Meetings Act.
10        (m) Communications between a public body and an
11    attorney or auditor representing the public body that would
12    not be subject to discovery in litigation, and materials
13    prepared or compiled by or for a public body in
14    anticipation of a criminal, civil or administrative
15    proceeding upon the request of an attorney advising the
16    public body, and materials prepared or compiled with
17    respect to internal audits of public bodies.
18        (n) Records relating to a public body's adjudication of
19    employee grievances or disciplinary cases; however, this
20    exemption shall not extend to the final outcome of cases in
21    which discipline is imposed.
22        (o) Administrative or technical information associated
23    with automated data processing operations, including but
24    not limited to software, operating protocols, computer
25    program abstracts, file layouts, source listings, object
26    modules, load modules, user guides, documentation



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1    pertaining to all logical and physical design of
2    computerized systems, employee manuals, and any other
3    information that, if disclosed, would jeopardize the
4    security of the system or its data or the security of
5    materials exempt under this Section.
6        (p) Records relating to collective negotiating matters
7    between public bodies and their employees or
8    representatives, except that any final contract or
9    agreement shall be subject to inspection and copying.
10        (q) Test questions, scoring keys, and other
11    examination data used to determine the qualifications of an
12    applicant for a license or employment.
13        (r) The records, documents, and information relating
14    to real estate purchase negotiations until those
15    negotiations have been completed or otherwise terminated.
16    With regard to a parcel involved in a pending or actually
17    and reasonably contemplated eminent domain proceeding
18    under the Eminent Domain Act, records, documents and
19    information relating to that parcel shall be exempt except
20    as may be allowed under discovery rules adopted by the
21    Illinois Supreme Court. The records, documents and
22    information relating to a real estate sale shall be exempt
23    until a sale is consummated.
24        (s) Any and all proprietary information and records
25    related to the operation of an intergovernmental risk
26    management association or self-insurance pool or jointly



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1    self-administered health and accident cooperative or pool.
2    Insurance or self insurance (including any
3    intergovernmental risk management association or self
4    insurance pool) claims, loss or risk management
5    information, records, data, advice or communications.
6        (t) Information contained in or related to
7    examination, operating, or condition reports prepared by,
8    on behalf of, or for the use of a public body responsible
9    for the regulation or supervision of financial
10    institutions or insurance companies, unless disclosure is
11    otherwise required by State law.
12        (u) Information that would disclose or might lead to
13    the disclosure of secret or confidential information,
14    codes, algorithms, programs, or private keys intended to be
15    used to create electronic or digital signatures under the
16    Electronic Commerce Security Act.
17        (v) Vulnerability assessments, security measures, and
18    response policies or plans that are designed to identify,
19    prevent, or respond to potential attacks upon a community's
20    population or systems, facilities, or installations, the
21    destruction or contamination of which would constitute a
22    clear and present danger to the health or safety of the
23    community, but only to the extent that disclosure could
24    reasonably be expected to jeopardize the effectiveness of
25    the measures or the safety of the personnel who implement
26    them or the public. Information exempt under this item may



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1    include such things as details pertaining to the
2    mobilization or deployment of personnel or equipment, to
3    the operation of communication systems or protocols, or to
4    tactical operations.
5        (w) (Blank).
6        (x) Maps and other records regarding the location or
7    security of generation, transmission, distribution,
8    storage, gathering, treatment, or switching facilities
9    owned by a utility, by a power generator, or by the
10    Illinois Power Agency.
11        (y) Information contained in or related to proposals,
12    bids, or negotiations related to electric power
13    procurement under Section 1-75 of the Illinois Power Agency
14    Act and Section 16-111.5 of the Public Utilities Act that
15    is determined to be confidential and proprietary by the
16    Illinois Power Agency or by the Illinois Commerce
17    Commission.
18        (z) Information about students exempted from
19    disclosure under Sections 10-20.38 or 34-18.29 of the
20    School Code, and information about undergraduate students
21    enrolled at an institution of higher education exempted
22    from disclosure under Section 25 of the Illinois Credit
23    Card Marketing Act of 2009.
24        (aa) Information the disclosure of which is exempted
25    under the Viatical Settlements Act of 2009.
26        (bb) Records and information provided to a mortality



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1    review team and records maintained by a mortality review
2    team appointed under the Department of Juvenile Justice
3    Mortality Review Team Act.
4        (cc) Information regarding interments, entombments, or
5    inurnments of human remains that are submitted to the
6    Cemetery Oversight Database under the Cemetery Care Act or
7    the Cemetery Oversight Act, whichever is applicable.
8        (dd) Correspondence and records (i) that may not be
9    disclosed under Section 11-9 of the Public Aid Code or (ii)
10    that pertain to appeals under Section 11-8 of the Public
11    Aid Code.
12        (ee) The names, addresses, or other personal
13    information of persons who are minors and are also
14    participants and registrants in programs of park
15    districts, forest preserve districts, conservation
16    districts, recreation agencies, and special recreation
17    associations.
18        (ff) The names, addresses, or other personal
19    information of participants and registrants in programs of
20    park districts, forest preserve districts, conservation
21    districts, recreation agencies, and special recreation
22    associations where such programs are targeted primarily to
23    minors.
24        (gg) Confidential information described in Section
25    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
26        (hh) The report submitted to the State Board of



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1    Education by the School Security and Standards Task Force
2    under item (8) of subsection (d) of Section 2-3.160 of the
3    School Code and any information contained in that report.
4        (ii) Records requested by persons committed to or
5    detained by the Department of Human Services under the
6    Sexually Violent Persons Commitment Act or committed to the
7    Department of Corrections under the Sexually Dangerous
8    Persons Act if those materials: (i) are available in the
9    library of the facility where the individual is confined;
10    (ii) include records from staff members' personnel files,
11    staff rosters, or other staffing assignment information;
12    or (iii) are available through an administrative request to
13    the Department of Human Services or the Department of
14    Corrections.
15        (jj) (ii) Confidential information described in
16    Section 5-535 of the Civil Administrative Code of Illinois.
17        (kk) Information or materials received, generated, or
18    maintained by a State's Attorney, county sheriff, or other
19    law enforcement agency that are subject to the criminal
20    discovery process, the disclosure of which would
21    circumvent Supreme Court Rule 415. This exemption applies
22    while the case is pending at the trial level.
23    (1.5) Any information exempt from disclosure under the
24Judicial Privacy Act shall be redacted from public records
25prior to disclosure under this Act.
26    (2) A public record that is not in the possession of a



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1public body but is in the possession of a party with whom the
2agency has contracted to perform a governmental function on
3behalf of the public body, and that directly relates to the
4governmental function and is not otherwise exempt under this
5Act, shall be considered a public record of the public body,
6for purposes of this Act.
7    (3) This Section does not authorize withholding of
8information or limit the availability of records to the public,
9except as stated in this Section or otherwise provided in this
11(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
1298-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
13revised 1-11-16.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".