Full Text of SB0039 97th General Assembly
SB0039 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0039 Introduced 1/27/2011, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/2 | from Ch. 116, par. 202 | 5 ILCS 140/7 | from Ch. 116, par. 207 |
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Amends the Freedom of Information Act. Provides that communications and materials exchanged between an attorney-lobbyist and a public body that concern either lobbying to be performed on behalf of the public body by the attorney-lobbyist or the expenditure of public moneys for goods or services to be provided on behalf of the public body by the attorney-lobbyist are public records, are not exempt from inspection and copying unless otherwise exempt under a specific provision of the Act, and are not privileged from disclosure at trial unless otherwise required by law.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 2 and 7 as follows:
| 6 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
| 7 | | Sec. 2. Definitions. As used in this Act:
| 8 | | (a) "Public body" means all legislative,
executive, | 9 | | administrative, or advisory bodies of the State, state | 10 | | universities
and colleges, counties, townships, cities, | 11 | | villages, incorporated towns,
school districts and all other | 12 | | municipal corporations,
boards, bureaus, committees, or | 13 | | commissions of this State, any
subsidiary
bodies of any of the | 14 | | foregoing including but not limited to committees and
| 15 | | subcommittees thereof, and a School Finance Authority created | 16 | | under
Article 1E of the School Code.
"Public body" does not | 17 | | include a child death review team
or the Illinois Child Death | 18 | | Review Teams
Executive Council
established under
the Child | 19 | | Death Review Team Act.
| 20 | | (b) "Person" means any individual, corporation, | 21 | | partnership, firm,
organization
or association, acting | 22 | | individually or as a group.
| 23 | | (c) "Public records" means all records, reports, forms, |
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| 1 | | writings, letters,
memoranda, books, papers, maps, | 2 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 3 | | data processing records, electronic communications, recorded | 4 | | information and all other
documentary
materials pertaining to | 5 | | the transaction of public business, regardless of physical form | 6 | | or characteristics, having been
prepared by or for, or having | 7 | | been or being used by, received by, in the possession of, or | 8 | | under the
control
of
any public body. Communications and | 9 | | materials exchanged between an attorney-lobbyist and a public | 10 | | body that concern either lobbying to be performed on behalf of | 11 | | the public body by the attorney-lobbyist or the expenditure of | 12 | | public moneys for goods or services to be provided on behalf of | 13 | | the public body by the attorney-lobbyist are public records, | 14 | | are not exempt from inspection and copying unless exempt under | 15 | | Section 7, and are not privileged from disclosure at trial | 16 | | unless otherwise required by law. | 17 | | (c-5) "Private information" means unique identifiers, | 18 | | including a person's social security number, driver's license | 19 | | number, employee identification number, biometric identifiers, | 20 | | personal financial information, passwords or other access | 21 | | codes, medical records, home or personal telephone numbers, and | 22 | | personal email addresses. Private information also includes | 23 | | home address and personal license plates, except as otherwise | 24 | | provided by law or when compiled without possibility of | 25 | | attribution to any person. | 26 | | (c-10) "Commercial purpose" means the use of any part of a |
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| 1 | | public record or records, or information derived from public | 2 | | records, in any form for sale, resale, or solicitation or | 3 | | advertisement for sales or services. For purposes of this | 4 | | definition, requests made by news media and non-profit, | 5 | | scientific, or academic organizations shall not be considered | 6 | | to be made for a "commercial purpose" when the principal | 7 | | purpose of the request is (i) to access and disseminate | 8 | | information concerning news and current or passing events, (ii) | 9 | | for articles of opinion or features of interest to the public, | 10 | | or (iii) for the purpose of academic, scientific, or public | 11 | | research or education.
| 12 | | (d) "Copying" means the reproduction of any public record | 13 | | by means of any
photographic, electronic, mechanical or other | 14 | | process, device or means now known or hereafter developed and | 15 | | available to the public body.
| 16 | | (e) "Head of the public body" means the president, mayor, | 17 | | chairman,
presiding
officer, director, superintendent, | 18 | | manager, supervisor or individual otherwise
holding primary | 19 | | executive and administrative authority for the public
body, or | 20 | | such person's duly authorized designee.
| 21 | | (f) "News media" means a newspaper or other periodical | 22 | | issued at regular
intervals whether in print or electronic | 23 | | format, a news service whether
in print or electronic format, a | 24 | | radio
station, a television station, a television network, a | 25 | | community
antenna television service, or a person or | 26 | | corporation engaged in making news
reels or other motion |
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| 1 | | picture news for public showing.
| 2 | | (Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; | 3 | | 96-1000, eff. 7-2-10.)
| 4 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 5 | | Sec. 7. Exemptions.
| 6 | | (1) When a request is made to inspect or copy a public | 7 | | record that contains information that is exempt from disclosure | 8 | | under this Section, but also contains information that is not | 9 | | exempt from disclosure, the public body may elect to redact the | 10 | | information that is exempt. The public body shall make the | 11 | | remaining information available for inspection and copying. | 12 | | Subject to this requirement, the following shall be exempt from | 13 | | inspection and copying:
| 14 | | (a) Information specifically prohibited from | 15 | | disclosure by federal or
State law or rules and regulations | 16 | | implementing federal or State law.
| 17 | | (b) Private information, unless disclosure is required | 18 | | by another provision of this Act, a State or federal law or | 19 | | a court order. | 20 | | (b-5) Files, documents, and other data or databases | 21 | | maintained by one or more law enforcement agencies and | 22 | | specifically designed to provide information to one or more | 23 | | law enforcement agencies regarding the physical or mental | 24 | | status of one or more individual subjects. | 25 | | (c) Personal information contained within public |
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| 1 | | records, the disclosure of which would constitute a clearly
| 2 | | unwarranted invasion of personal privacy, unless the | 3 | | disclosure is
consented to in writing by the individual | 4 | | subjects of the information. "Unwarranted invasion of | 5 | | personal privacy" means the disclosure of information that | 6 | | is highly personal or objectionable to a reasonable person | 7 | | and in which the subject's right to privacy outweighs any | 8 | | legitimate public interest in obtaining the information. | 9 | | The
disclosure of information that bears on the public | 10 | | duties of public
employees and officials shall not be | 11 | | considered an invasion of personal
privacy.
| 12 | | (d) Records in the possession of any public body | 13 | | created in the course of administrative enforcement
| 14 | | proceedings, and any law enforcement or correctional | 15 | | agency for
law enforcement purposes,
but only to the extent | 16 | | that disclosure would:
| 17 | | (i) interfere with pending or actually and | 18 | | reasonably contemplated
law enforcement proceedings | 19 | | conducted by any law enforcement or correctional
| 20 | | agency that is the recipient of the request;
| 21 | | (ii) interfere with active administrative | 22 | | enforcement proceedings
conducted by the public body | 23 | | that is the recipient of the request;
| 24 | | (iii) create a substantial likelihood that a | 25 | | person will be deprived of a fair trial or an impartial | 26 | | hearing;
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| 1 | | (iv) unavoidably disclose the identity of a | 2 | | confidential source, confidential information | 3 | | furnished only by the confidential source, or persons | 4 | | who file complaints with or provide information to | 5 | | administrative, investigative, law enforcement, or | 6 | | penal agencies; except that the identities of | 7 | | witnesses to traffic accidents, traffic accident | 8 | | reports, and rescue reports shall be provided by | 9 | | agencies of local government, except when disclosure | 10 | | would interfere with an active criminal investigation | 11 | | conducted by the agency that is the recipient of the | 12 | | request;
| 13 | | (v) disclose unique or specialized investigative | 14 | | techniques other than
those generally used and known or | 15 | | disclose internal documents of
correctional agencies | 16 | | related to detection, observation or investigation of
| 17 | | incidents of crime or misconduct, and disclosure would | 18 | | result in demonstrable harm to the agency or public | 19 | | body that is the recipient of the request;
| 20 | | (vi) endanger the life or physical safety of law | 21 | | enforcement personnel
or any other person; or
| 22 | | (vii) obstruct an ongoing criminal investigation | 23 | | by the agency that is the recipient of the request.
| 24 | | (e) Records that relate to or affect the security of | 25 | | correctional
institutions and detention facilities.
| 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.
However, | 16 | | communications and materials exchanged between an | 17 | | attorney-lobbyist and a public body that concern either | 18 | | lobbying to be performed on behalf of the public body by | 19 | | the attorney-lobbyist or the expenditure of public moneys | 20 | | for goods or services to be provided on behalf of the | 21 | | public body by the attorney-lobbyist are public records, | 22 | | are not exempt from inspection and copying under this | 23 | | subsection (m), and are not privileged from disclosure at | 24 | | trial unless otherwise required by law.
| 25 | | (n) Records relating to a public body's adjudication of | 26 | | employee grievances or disciplinary cases; however, this |
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| 1 | | exemption shall not extend to the final outcome of cases in | 2 | | which discipline is imposed.
| 3 | | (o) Administrative or technical information associated | 4 | | with automated
data processing operations, including but | 5 | | not limited to software,
operating protocols, computer | 6 | | program abstracts, file layouts, source
listings, object | 7 | | modules, load modules, user guides, documentation
| 8 | | pertaining to all logical and physical design of | 9 | | computerized systems,
employee manuals, and any other | 10 | | information that, if disclosed, would
jeopardize the | 11 | | security of the system or its data or the security of
| 12 | | materials exempt under this Section.
| 13 | | (p) Records relating to collective negotiating matters
| 14 | | between public bodies and their employees or | 15 | | representatives, except that
any final contract or | 16 | | agreement shall be subject to inspection and copying.
| 17 | | (q) Test questions, scoring keys, and other | 18 | | examination data used to determine the qualifications of an | 19 | | applicant for a license or employment.
| 20 | | (r) The records, documents, and information relating | 21 | | to real estate
purchase negotiations until those | 22 | | negotiations have been completed or
otherwise terminated. | 23 | | With regard to a parcel involved in a pending or
actually | 24 | | and reasonably contemplated eminent domain proceeding | 25 | | under the Eminent Domain Act, records, documents and
| 26 | | information relating to that parcel shall be exempt except |
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| 1 | | as may be
allowed under discovery rules adopted by the | 2 | | Illinois Supreme Court. The
records, documents and | 3 | | information relating to a real estate sale shall be
exempt | 4 | | until a sale is consummated.
| 5 | | (s) Any and all proprietary information and records | 6 | | related to the
operation of an intergovernmental risk | 7 | | management association or
self-insurance pool or jointly | 8 | | self-administered health and accident
cooperative or pool.
| 9 | | Insurance or self insurance (including any | 10 | | intergovernmental risk management association or self | 11 | | insurance pool) claims, loss or risk management | 12 | | information, records, data, advice or communications.
| 13 | | (t) Information contained in or related to | 14 | | examination, operating, or
condition reports prepared by, | 15 | | on behalf of, or for the use of a public
body responsible | 16 | | for the regulation or supervision of financial
| 17 | | institutions or insurance companies, unless disclosure is | 18 | | otherwise
required by State law.
| 19 | | (u) Information that would disclose
or might lead to | 20 | | the disclosure of
secret or confidential information, | 21 | | codes, algorithms, programs, or private
keys intended to be | 22 | | used to create electronic or digital signatures under the
| 23 | | Electronic Commerce Security Act.
| 24 | | (v) Vulnerability assessments, security measures, and | 25 | | response policies
or plans that are designed to identify, | 26 | | prevent, or respond to potential
attacks upon a community's |
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| 1 | | population or systems, facilities, or installations,
the | 2 | | destruction or contamination of which would constitute a | 3 | | clear and present
danger to the health or safety of the | 4 | | community, but only to the extent that
disclosure could | 5 | | reasonably be expected to jeopardize the effectiveness of | 6 | | the
measures or the safety of the personnel who implement | 7 | | them or the public.
Information exempt under this item may | 8 | | include such things as details
pertaining to the | 9 | | mobilization or deployment of personnel or equipment, to | 10 | | the
operation of communication systems or protocols, or to | 11 | | tactical operations.
| 12 | | (w) (Blank). | 13 | | (x) Maps and other records regarding the location or | 14 | | security of generation, transmission, distribution, | 15 | | storage, gathering,
treatment, or switching facilities | 16 | | owned by a utility, by a power generator, or by the | 17 | | Illinois Power Agency.
| 18 | | (y) Information contained in or related to proposals, | 19 | | bids, or negotiations related to electric power | 20 | | procurement under Section 1-75 of the Illinois Power Agency | 21 | | Act and Section 16-111.5 of the Public Utilities Act that | 22 | | is determined to be confidential and proprietary by the | 23 | | Illinois Power Agency or by the Illinois Commerce | 24 | | Commission.
| 25 | | (z) Information about students exempted from | 26 | | disclosure under Sections 10-20.38 or 34-18.29 of the |
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| 1 | | School Code, and information about undergraduate students | 2 | | enrolled at an institution of higher education exempted | 3 | | from disclosure under Section 25 of the Illinois Credit | 4 | | Card Marketing Act of 2009. | 5 | | (aa) Information the disclosure of which is
exempted | 6 | | under the Viatical Settlements Act of 2009.
| 7 | | (bb) Records and information provided to a mortality | 8 | | review team and records maintained by a mortality review | 9 | | team appointed under the Department of Juvenile Justice | 10 | | Mortality Review Team Act. | 11 | | (cc) (bb) Information regarding interments, | 12 | | entombments, or inurnments of human remains that are | 13 | | submitted to the Cemetery Oversight Database under the | 14 | | Cemetery Care Act or the Cemetery Oversight Act, whichever | 15 | | is applicable. | 16 | | (2) A public record that is not in the possession of a | 17 | | public body but is in the possession of a party with whom the | 18 | | agency has contracted to perform a governmental function on | 19 | | behalf of the public body, and that directly relates to the | 20 | | governmental function and is not otherwise exempt under this | 21 | | Act, shall be considered a public record of the public body, | 22 | | for purposes of this Act. | 23 | | (3) This Section does not authorize withholding of | 24 | | information or limit the
availability of records to the public, | 25 | | except as stated in this Section or
otherwise provided in this | 26 | | Act.
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| 1 | | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | 2 | | 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | 3 | | 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | 4 | | 96-736, eff. 7-1-10; 96-863, eff. 3-1-10; 96-1378, eff. | 5 | | 7-29-10; revised 9-2-10.)
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