Illinois General Assembly - Full Text of HB0984
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Full Text of HB0984  100th General Assembly


Rep. Anthony DeLuca

Filed: 4/23/2018





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2    AMENDMENT NO. ______. Amend House Bill 984 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.
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        (e-8) Records requested by a person committed to the
7    Department of Corrections or a county jail, the disclosure
8    of which would result in the risk of harm to any person or
9    the risk of an escape from a jail or correctional
10    institution or facility.
11        (e-9) Records requested by a person in a county jail or
12    committed to the Department of Corrections containing
13    personal information pertaining to the person's victim or
14    the victim's family, including, but not limited to, a
15    victim's home address, home telephone number, work or
16    school address, work telephone number, social security
17    number, or any other identifying information, except as may
18    be relevant to a requester's current or potential case or
19    claim.
20        (e-10) Law enforcement records of other persons
21    requested by a person committed to the Department of
22    Corrections or a county jail, including, but not limited
23    to, arrest and booking records, mug shots, and crime scene
24    photographs, except as these records may be relevant to the
25    requester's current or potential case or claim.
26        (f) Preliminary drafts, notes, recommendations,



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



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



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



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



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



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



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



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1    Mortality Review Team Act.
2        (cc) Information regarding interments, entombments, or
3    inurnments of human remains that are submitted to the
4    Cemetery Oversight Database under the Cemetery Care Act or
5    the Cemetery Oversight Act, whichever is applicable.
6        (dd) Correspondence and records (i) that may not be
7    disclosed under Section 11-9 of the Illinois Public Aid
8    Code or (ii) that pertain to appeals under Section 11-8 of
9    the Illinois Public Aid Code.
10        (ee) The names, addresses, or other personal
11    information of persons who are minors and are also
12    participants and registrants in programs of park
13    districts, forest preserve districts, conservation
14    districts, recreation agencies, and special recreation
15    associations.
16        (ff) The names, addresses, or other personal
17    information of participants and registrants in programs of
18    park districts, forest preserve districts, conservation
19    districts, recreation agencies, and special recreation
20    associations where such programs are targeted primarily to
21    minors.
22        (gg) Confidential information described in Section
23    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
24        (hh) The report submitted to the State Board of
25    Education by the School Security and Standards Task Force
26    under item (8) of subsection (d) of Section 2-3.160 of the



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1    School Code and any information contained in that report.
2        (ii) Records requested by persons committed to or
3    detained by the Department of Human Services under the
4    Sexually Violent Persons Commitment Act or committed to the
5    Department of Corrections under the Sexually Dangerous
6    Persons Act if those materials: (i) are available in the
7    library of the facility where the individual is confined;
8    (ii) include records from staff members' personnel files,
9    staff rosters, or other staffing assignment information;
10    or (iii) are available through an administrative request to
11    the Department of Human Services or the Department of
12    Corrections.
13        (jj) Confidential information described in Section
14    5-535 of the Civil Administrative Code of Illinois.
15        (kk) Police reports, recordings, evidence, and other
16    records held by a law enforcement agency that relate to a
17    criminal case that is pending, until the conclusion of the
18    prosecution of the criminal case wherein a criminal offense
19    under State or federal law has been charged.
20    (1.5) Any information exempt from disclosure under the
21Judicial Privacy Act shall be redacted from public records
22prior to disclosure under this Act.
23    (2) A public record that is not in the possession of a
24public body but is in the possession of a party with whom the
25agency has contracted to perform a governmental function on
26behalf of the public body, and that directly relates to the



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1governmental function and is not otherwise exempt under this
2Act, shall be considered a public record of the public body,
3for purposes of this Act.
4    (3) This Section does not authorize withholding of
5information or limit the availability of records to the public,
6except as stated in this Section or otherwise provided in this
8(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642,
9eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17.)".