Full Text of SB0546 95th General Assembly
SB0546ren 95TH GENERAL ASSEMBLY
|
|
|
SB0546 Re-Enrolled |
|
LRB095 09375 JAM 29570 b |
|
| 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 Illinois Notary Public Act is amended by | 5 |
| changing Sections 3-101, 3-102, 3-104, and 6-102 as follows:
| 6 |
| (5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
| 7 |
| Sec. 3-101. Official Seal and Signature . | 8 |
| (a) Each notary public shall, upon receiving the commission | 9 |
| from the county
clerk, obtain an official rubber stamp seal | 10 |
| with which the notary shall
authenticate his official acts. The | 11 |
| rubber stamp seal shall contain the
following information:
| 12 |
| (1)
(a) the words "Official Seal";
| 13 |
| (2)
(b) the notary's official name;
| 14 |
| (3)
(c) the words "Notary Public", "State of Illinois", | 15 |
| and "My commission
expires____________(commission | 16 |
| expiration date)"; and
| 17 |
| (4)
(d) a serrated or milled edge border in a | 18 |
| rectangular form not more than
one inch in height by two | 19 |
| and one-half inches in length surrounding the information.
| 20 |
| (b) At the time of the notarial act, a notary public shall | 21 |
| officially sign every notary certificate and affix the rubber | 22 |
| stamp seal clearly and legibly using black ink, so that it is | 23 |
| capable of photographic reproduction. The illegibility of any |
|
|
|
SB0546 Re-Enrolled |
- 2 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| of the information required by this Section does not affect the | 2 |
| validity of a transaction.
| 3 |
| This subsection does not apply on or after July 1, 2013.
| 4 |
| (Source: P.A. 84-322.)
| 5 |
| (5 ILCS 312/3-102) (from Ch. 102, par. 203-102)
| 6 |
| Sec. 3-102. Notarial Record; Residential Real Property | 7 |
| Transactions
Official Signature . | 8 |
| (a) This Section shall apply to every notarial act in | 9 |
| Illinois involving a document of conveyance that transfers or | 10 |
| purports to transfer title to residential real property located | 11 |
| in Cook County. | 12 |
| (b) As used in this Section, the following terms shall have | 13 |
| the meanings ascribed to them: | 14 |
| (1) "Document of Conveyance" shall mean a written | 15 |
| instrument that transfers or purports to transfer title | 16 |
| effecting a change in ownership to Residential Real | 17 |
| Property, excluding: | 18 |
| (i) court-ordered and court-authorized conveyances | 19 |
| of Residential Real Property, including without | 20 |
| limitation, quit-claim deeds executed pursuant to a | 21 |
| marital settlement agreement incorporated into a | 22 |
| judgment of dissolution of marriage, and transfers in | 23 |
| the administration of a probate estate; | 24 |
| (ii) judicial sale deeds relating to Residential | 25 |
| Real Property, including without limitation, sale |
|
|
|
SB0546 Re-Enrolled |
- 3 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| deeds issued pursuant to proceedings to foreclose a | 2 |
| mortgage or execute on a levy to enforce a judgment; | 3 |
| (iii) deeds transferring ownership of Residential | 4 |
| Real Property to a trust where the beneficiary is also | 5 |
| the grantor; | 6 |
| (iv) deeds from grantors to themselves that are | 7 |
| intended to change the nature or type of tenancy by | 8 |
| which they own Residential Real Property; | 9 |
| (v) deeds from a grantor to the grantor and another | 10 |
| natural person that are intended to establish a tenancy | 11 |
| by which the grantor and the other natural person own | 12 |
| Residential Real Property; | 13 |
| (vi) deeds executed to the mortgagee in lieu of | 14 |
| foreclosure of a mortgage; and | 15 |
| (vii) deeds transferring ownership to a revocable | 16 |
| or irrevocable grantor trust where the beneficiary | 17 |
| includes the grantor. | 18 |
| (2) "Financial Institution" shall mean a State or | 19 |
| federally chartered bank, savings and loan association, | 20 |
| savings bank, or credit union.
| 21 |
| (3) "Notarial Record" shall mean the written document | 22 |
| created in conformity with this Section by a notary in | 23 |
| connection with Documents of Conveyance. | 24 |
| (4) "Residential Real Property" shall mean a building | 25 |
| or buildings located in Cook County, Illinois and | 26 |
| containing one to 4 dwelling units or an individual |
|
|
|
SB0546 Re-Enrolled |
- 4 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| residential condominium unit. | 2 |
| (5) "Title Insurance Agent" shall have the meaning | 3 |
| ascribed to it under the Title Insurance Act.
| 4 |
| (6) "Title Insurance Company" shall have the meaning | 5 |
| ascribed to it under the Title Insurance Act.
| 6 |
| (c) A notary appointed and commissioned as a notary in | 7 |
| Illinois shall, in addition to compliance with other provisions | 8 |
| of this Act, create a Notarial Record of each notarial act | 9 |
| performed in connection with a Document of Conveyance. The | 10 |
| Notarial Record shall contain: | 11 |
| (1) The date of the notarial act; | 12 |
| (2) The type, title, or a description of the Document | 13 |
| of Conveyance being notarized, and the property index | 14 |
| number ("PIN") used to identify the Residential Real | 15 |
| Property for assessment or taxation purposes and the common | 16 |
| street address for the Residential Real Property that is | 17 |
| the subject of the Document of Conveyance; | 18 |
| (3) The signature, printed name, and residence street | 19 |
| address of each person whose signature is the subject of | 20 |
| the notarial act and a certification by the person that the | 21 |
| property is Residential Real Property as defined in this | 22 |
| Section, which states "The undersigned grantor hereby | 23 |
| certifies that the real property identified in this | 24 |
| Notarial Record is Residential Real Property as defined in | 25 |
| the Illinois Notary Public Act". | 26 |
| (4) A description of the satisfactory evidence |
|
|
|
SB0546 Re-Enrolled |
- 5 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| reviewed by the notary to determine the identity of the | 2 |
| person whose signature is the subject of the notarial act; | 3 |
| (5) The date of notarization, the fee charged for the | 4 |
| notarial act, the Notary's home or business phone number, | 5 |
| the Notary's residence street address, the Notary's | 6 |
| commission expiration date, the correct legal name of the | 7 |
| Notary's employer or principal, and the business street | 8 |
| address of the Notary's employer or principal; and | 9 |
| (6) The notary public shall require the person signing | 10 |
| the Document of Conveyance (including an agent acting on | 11 |
| behalf of a principal under a duly executed power of | 12 |
| attorney), whose signature is the subject of the notarial | 13 |
| act, to place his or her right thumbprint on the Notarial | 14 |
| Record. If the right thumbprint is not available, then the | 15 |
| notary shall have the party use his or her left thumb, or | 16 |
| any available finger, and shall so indicate on the Notarial | 17 |
| Record. If the party signing the document is physically | 18 |
| unable to provide a thumbprint or fingerprint, the notary | 19 |
| shall so indicate on the Notarial Record and shall also | 20 |
| provide an explanation of that physical condition. The | 21 |
| notary may obtain the thumbprint by any means that reliably | 22 |
| captures the image of the finger in a physical or | 23 |
| electronic medium. | 24 |
| (d) If a notarial act under this Section is performed by a | 25 |
| notary who is a principal, employee, or agent of a Title | 26 |
| Insurance Company, Title Insurance Agent, Financial |
|
|
|
SB0546 Re-Enrolled |
- 6 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| Institution, or attorney at law, the notary shall deliver the | 2 |
| original Notarial Record to the notary's employer or principal | 3 |
| within 14 days after the performance of the notarial act for | 4 |
| retention for a period of 7 years as part of the employer's or | 5 |
| principal's business records. In the event of a sale or merger | 6 |
| of any of the foregoing entities or persons, the successor or | 7 |
| assignee of the entity or person shall assume the | 8 |
| responsibility to maintain the Notarial Record for the balance | 9 |
| of the 7-year business records retention period. Liquidation or | 10 |
| other cessation of activities in the ordinary course of | 11 |
| business by any of the foregoing entities or persons shall | 12 |
| relieve the entity or person from the obligation to maintain | 13 |
| Notarial Records after delivery of Notarial Records to the | 14 |
| Recorder of Deeds of Cook County, Illinois. | 15 |
| (e) If a notarial act is performed by a notary who is not a | 16 |
| principal, employee, or agent of a Title Insurance Company, | 17 |
| Title Insurance Agent, Financial Institution, or attorney at | 18 |
| law, the notary shall deliver the original Notarial Record | 19 |
| within 14 days after the performance of the notarial act to the | 20 |
| Recorder of Deeds of Cook County, Illinois for retention for a | 21 |
| period of 7 years, accompanied by a filing fee of $5. | 22 |
| (f) The Notarial Record required under subsection (c) of | 23 |
| this Section shall be created and maintained for each person | 24 |
| whose signature is the subject of a notarial act regarding a | 25 |
| Document of Conveyance and shall be in substantially the | 26 |
| following form: |
|
|
|
SB0546 Re-Enrolled |
- 7 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| NOTARIAL RECORD - RESIDENTIAL REAL PROPERTY TRANSACTIONS
| 2 |
| Date Notarized:
| 3 |
| Fee: $
| 4 |
| The undersigned grantor hereby certifies that the real property | 5 |
| identified in this Notarial Record is Residential Real Property | 6 |
| as defined in the Illinois Notary Public Act. | 7 |
| Grantor's (Signer's) Printed Name:
| 8 |
| Grantor's (Signer's) Signature:
| 9 |
| Grantor's (Signer's) Residential Street Address, City, State, | 10 |
| and Zip:
| 11 |
| Type or Name of Document of Conveyance:
| 12 |
| PIN No. of Residential Real Property:
| 13 |
| Common Street Address of Residential Real Property:
| 14 |
| Thumbprint or Fingerprint:
| 15 |
| Description of Means of Identification:
|
|
|
|
SB0546 Re-Enrolled |
- 8 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| Additional Comments:
| 2 |
| Name of Notary Printed:
| 3 |
| Notary Phone Number:
| 4 |
| Commission Expiration Date:
| 5 |
| Residential Street Address of Notary, City, State, and Zip:
| 6 |
| Name of Notary's Employer or Principal:
| 7 |
| Business Street Address of Notary's Employer or Principal, | 8 |
| City, State, and Zip:
| 9 |
| (g) No copies of the original Notarial Record may be made | 10 |
| or retained by the Notary. The Notary's employer or principal | 11 |
| may retain copies of the Notarial Records as part of its | 12 |
| business records, subject to applicable privacy and | 13 |
| confidentiality standards. | 14 |
| (h) The failure of a notary to comply with the procedure | 15 |
| set forth in this Section shall not affect the validity of the | 16 |
| Residential Real Property transaction in connection to which | 17 |
| the Document of Conveyance is executed, in the absence of | 18 |
| fraud. | 19 |
| (i) The Notarial Record or other medium containing the |
|
|
|
SB0546 Re-Enrolled |
- 9 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| thumbprint or fingerprint required by subsection (c)(6) shall | 2 |
| be made available or disclosed only upon receipt of a subpoena | 3 |
| duly authorized by a court of competent jurisdiction. Such | 4 |
| Notarial Record or other medium shall not be subject to | 5 |
| disclosure under the Freedom of Information Act and shall not | 6 |
| be made available to any other party, other than a party in | 7 |
| succession of interest to the party maintaining the Notarial | 8 |
| Record or other medium pursuant to subsection (d) or (e). | 9 |
| (j) In the event there is a breach in the security of a | 10 |
| Notarial Record maintained pursuant to subsections (d) and (e) | 11 |
| by the Recorder of Deeds of Cook County, Illinois, the Recorder | 12 |
| shall notify the person identified as the "signer" in the | 13 |
| Notarial Record at the signer's residential street address set | 14 |
| forth in the Notarial Record. "Breach" shall mean unauthorized | 15 |
| acquisition of the fingerprint data contained in the Notarial | 16 |
| Record that compromises the security, confidentiality, or | 17 |
| integrity of the fingerprint data maintained by the Recorder. | 18 |
| The notification shall be in writing and made in the most | 19 |
| expedient time possible and without unreasonable delay, | 20 |
| consistent with any measures necessary to determine the scope | 21 |
| of the breach and restore the reasonable security, | 22 |
| confidentiality, and integrity of the Recorder's data system.
| 23 |
| (k) Subsections (a) through (i) shall not apply on and | 24 |
| after July 1, 2013.
| 25 |
| (l) Beginning July 1, 2013, at
At the time of notarization, | 26 |
| a notary public shall officially sign every
notary certificate |
|
|
|
SB0546 Re-Enrolled |
- 10 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| and affix the rubber stamp seal clearly and legibly
using black | 2 |
| ink, so that it is capable of photographic reproduction. The
| 3 |
| illegibility of any of the information required by this Section | 4 |
| does not
affect the validity of a transaction.
| 5 |
| (Source: P.A. 84-322.)
| 6 |
| (5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
| 7 |
| Sec. 3-104. Maximum Fee. | 8 |
| (a) Except as provided in subsection (b) of this Section, | 9 |
| the maximum
fee in this State is $1.00 for any notarial act | 10 |
| performed and, until July 1, 2013, up to $25 for any notarial | 11 |
| act performed pursuant to Section 3-102 .
| 12 |
| (b) Fees for a notary public, agency, or any other person | 13 |
| who is not
an attorney or an accredited representative filling | 14 |
| out immigration forms shall be limited to the following:
| 15 |
| (1) $10 per form completion;
| 16 |
| (2) $10 per page for the translation of a non-English | 17 |
| language into English where such translation is required | 18 |
| for immigration forms;
| 19 |
| (3) $1 for notarizing;
| 20 |
| (4) $3 to execute any procedures necessary to obtain a | 21 |
| document required to complete immigration forms; and
| 22 |
| (5) A maximum of $75 for one complete application.
| 23 |
| Fees authorized under this subsection shall not include | 24 |
| application fees
required to be submitted with immigration | 25 |
| applications.
|
|
|
|
SB0546 Re-Enrolled |
- 11 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| Any person who violates the provisions of this subsection | 2 |
| shall be guilty
of a Class A misdemeanor for a first offense | 3 |
| and a Class 3 felony for a
second or subsequent offense | 4 |
| committed within 5 years of a previous
conviction for the same | 5 |
| offense.
| 6 |
| (c) Upon his own information or upon complaint of any | 7 |
| person, the
Attorney General or any State's Attorney, or their | 8 |
| designee, may maintain
an action for injunctive relief in the | 9 |
| court against any notary public or
any other person who
| 10 |
| violates the provisions of subsection (b) of this Section. | 11 |
| These
remedies are in addition to, and not in substitution for, | 12 |
| other available remedies.
| 13 |
| If the Attorney General or any State's Attorney fails to | 14 |
| bring an action
as provided pursuant to this subsection within | 15 |
| 90 days of receipt of a complaint, any person may file a civil
| 16 |
| action to enforce the provisions of this subsection and | 17 |
| maintain an action
for injunctive relief.
| 18 |
| (d) All notaries public must provide receipts and keep | 19 |
| records for fees accepted for services provided. Failure to | 20 |
| provide receipts and keep records that can be presented as | 21 |
| evidence of no wrongdoing shall be construed as a presumptive | 22 |
| admission of allegations raised in complaints against the | 23 |
| notary for violations related to accepting prohibited fees.
| 24 |
| (Source: P.A. 93-1001, eff. 8-23-04.)
| 25 |
| (5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
|
|
|
|
SB0546 Re-Enrolled |
- 12 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| Sec. 6-102. Notarial Acts. (a) In taking an acknowledgment, | 2 |
| the notary public must determine,
either from personal | 3 |
| knowledge or from satisfactory evidence, that the
person | 4 |
| appearing before the notary and making the acknowledgment is | 5 |
| the
person whose true signature is on the instrument.
| 6 |
| (b) In taking a verification upon oath or affirmation, the | 7 |
| notary
public must determine, either from personal knowledge or | 8 |
| from satisfactory
evidence, that the person appearing before | 9 |
| the notary and making the
verification is the person whose true | 10 |
| signature is on the statement verified.
| 11 |
| (c) In witnessing or attesting a signature, the notary | 12 |
| public must
determine, either from personal knowledge or from | 13 |
| satisfactory evidence,
that the signature is that of the person | 14 |
| appearing before the notary and named therein.
| 15 |
| (d) A notary public has satisfactory evidence that a person | 16 |
| is the
person whose true signature is on a document if that | 17 |
| person:
| 18 |
| (1) is personally known to the notary;
| 19 |
| (2) is identified upon the oath or affirmation of a | 20 |
| credible witness
personally known to the notary; or
| 21 |
| (3) is identified on the basis of identification documents. | 22 |
| Until July 1, 2013, identification documents are documents that | 23 |
| are valid at the time of the notarial act, issued by a state or | 24 |
| federal government agency, and bearing the photographic image | 25 |
| of the individual's face and signature of the individual.
| 26 |
| (Source: P.A. 84-322.)
|
|
|
|
SB0546 Re-Enrolled |
- 13 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| Section 10. The Freedom of Information Act is amended by | 2 |
| changing Section 7 as follows: | 3 |
| (5 ILCS 140/7) (from Ch. 116, par. 207)
| 4 |
| Sec. 7. Exemptions.
| 5 |
| (1) The following shall be exempt from inspection and | 6 |
| copying:
| 7 |
| (a) Information specifically prohibited from | 8 |
| disclosure by federal or
State law or rules and regulations | 9 |
| adopted under federal or State law.
| 10 |
| (b) Information that, if disclosed, would constitute a | 11 |
| clearly
unwarranted invasion of personal privacy, unless | 12 |
| the disclosure is
consented to in writing by the individual | 13 |
| subjects of the information. The
disclosure of information | 14 |
| that bears on the public duties of public
employees and | 15 |
| officials shall not be considered an invasion of personal
| 16 |
| privacy. Information exempted under this subsection (b) | 17 |
| shall include but
is not limited to:
| 18 |
| (i) files and personal information maintained with | 19 |
| respect to
clients, patients, residents, students or | 20 |
| other individuals receiving
social, medical, | 21 |
| educational, vocational, financial, supervisory or
| 22 |
| custodial care or services directly or indirectly from | 23 |
| federal agencies
or public bodies;
| 24 |
| (ii) personnel files and personal information |
|
|
|
SB0546 Re-Enrolled |
- 14 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| maintained with
respect to employees, appointees or | 2 |
| elected officials of any public body or
applicants for | 3 |
| those positions;
| 4 |
| (iii) files and personal information maintained | 5 |
| with respect to any
applicant, registrant or licensee | 6 |
| by any public body cooperating with or
engaged in | 7 |
| professional or occupational registration, licensure | 8 |
| or discipline;
| 9 |
| (iv) information required of any taxpayer in | 10 |
| connection with the
assessment or collection of any tax | 11 |
| unless disclosure is otherwise required
by State | 12 |
| statute;
| 13 |
| (v) information revealing the identity of persons | 14 |
| who file complaints
with or provide information to | 15 |
| administrative, investigative, law enforcement
or | 16 |
| penal agencies; provided, however, that identification | 17 |
| of witnesses to
traffic accidents, traffic accident | 18 |
| reports, and rescue reports may be provided
by agencies | 19 |
| of local government, except in a case for which a | 20 |
| criminal
investigation is ongoing, without | 21 |
| constituting a clearly unwarranted per se
invasion of | 22 |
| personal privacy under this subsection; and
| 23 |
| (vi) the names, addresses, or other personal | 24 |
| information of
participants and registrants in park | 25 |
| district, forest preserve district, and
conservation | 26 |
| district programs ; and
.
|
|
|
|
SB0546 Re-Enrolled |
- 15 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| (vii) the Notarial Record or other medium | 2 |
| containing the thumbprint or fingerprint required by | 3 |
| Section 3-102(c)(6) of the Illinois Notary Public Act.
| 4 |
| (c) Records compiled by any public body for | 5 |
| administrative enforcement
proceedings and any law | 6 |
| enforcement or correctional agency for
law enforcement | 7 |
| purposes or for internal matters of a public body,
but only | 8 |
| to the extent that disclosure would:
| 9 |
| (i) interfere with pending or actually and | 10 |
| reasonably contemplated
law enforcement proceedings | 11 |
| conducted by any law enforcement or correctional
| 12 |
| agency;
| 13 |
| (ii) interfere with pending administrative | 14 |
| enforcement proceedings
conducted by any public body;
| 15 |
| (iii) deprive a person of a fair trial or an | 16 |
| impartial hearing;
| 17 |
| (iv) unavoidably disclose the identity of a | 18 |
| confidential source or
confidential information | 19 |
| furnished only by the confidential source;
| 20 |
| (v) disclose unique or specialized investigative | 21 |
| techniques other than
those generally used and known or | 22 |
| disclose internal documents of
correctional agencies | 23 |
| related to detection, observation or investigation of
| 24 |
| incidents of crime or misconduct;
| 25 |
| (vi) constitute an invasion of personal privacy | 26 |
| under subsection (b) of
this Section;
|
|
|
|
SB0546 Re-Enrolled |
- 16 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| (vii) endanger the life or physical safety of law | 2 |
| enforcement personnel
or any other person; or
| 3 |
| (viii) obstruct an ongoing criminal investigation.
| 4 |
| (d) Criminal history record information maintained by | 5 |
| State or local
criminal justice agencies, except the | 6 |
| following which shall be open for
public inspection and | 7 |
| copying:
| 8 |
| (i) chronologically maintained arrest information, | 9 |
| such as traditional
arrest logs or blotters;
| 10 |
| (ii) the name of a person in the custody of a law | 11 |
| enforcement agency and
the charges for which that | 12 |
| person is being held;
| 13 |
| (iii) court records that are public;
| 14 |
| (iv) records that are otherwise available under | 15 |
| State or local law; or
| 16 |
| (v) records in which the requesting party is the | 17 |
| individual
identified, except as provided under part | 18 |
| (vii) of
paragraph (c) of subsection (1) of this | 19 |
| Section.
| 20 |
| "Criminal history record information" means data | 21 |
| identifiable to an
individual and consisting of | 22 |
| descriptions or notations of arrests,
detentions, | 23 |
| indictments, informations, pre-trial proceedings, trials, | 24 |
| or
other formal events in the criminal justice system or | 25 |
| descriptions or
notations of criminal charges (including | 26 |
| criminal violations of local
municipal ordinances) and the |
|
|
|
SB0546 Re-Enrolled |
- 17 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| nature of any disposition arising therefrom,
including | 2 |
| sentencing, court or correctional supervision, | 3 |
| rehabilitation and
release. The term does not apply to | 4 |
| statistical records and reports in
which individuals are | 5 |
| not identified and from which
their identities are not | 6 |
| ascertainable, or to information that is for
criminal | 7 |
| investigative or intelligence purposes.
| 8 |
| (e) Records that relate to or affect the security of | 9 |
| correctional
institutions and detention facilities.
| 10 |
| (f) Preliminary drafts, notes, recommendations, | 11 |
| memoranda and other
records in which opinions are | 12 |
| expressed, or policies or actions are
formulated, except | 13 |
| that a specific record or relevant portion of a
record | 14 |
| shall not be exempt when the record is publicly cited
and | 15 |
| identified by the head of the public body. The exemption | 16 |
| provided in
this paragraph (f) extends to all those records | 17 |
| of officers and agencies
of the General Assembly that | 18 |
| pertain to the preparation of legislative
documents.
| 19 |
| (g) Trade secrets and commercial or financial | 20 |
| information obtained from
a person or business where the | 21 |
| trade secrets or information are
proprietary, privileged | 22 |
| or confidential, or where disclosure of the trade
secrets | 23 |
| or information may cause competitive harm, including: | 24 |
| (i) All
information determined to be confidential | 25 |
| under Section 4002 of the
Technology Advancement and | 26 |
| Development Act. |
|
|
|
SB0546 Re-Enrolled |
- 18 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| (ii) All trade secrets and commercial or financial | 2 |
| information obtained by a public body, including a | 3 |
| public pension fund, from a private equity fund or a | 4 |
| privately held company within the investment portfolio | 5 |
| of a private equity fund as a result of either | 6 |
| investing or evaluating a potential investment of | 7 |
| public funds in a private equity fund. The exemption | 8 |
| contained in this item does not apply to the aggregate | 9 |
| financial performance information of a private equity | 10 |
| fund, nor to the identity of the fund's managers or | 11 |
| general partners. The exemption contained in this item | 12 |
| does not apply to the identity of a privately held | 13 |
| company within the investment portfolio of a private | 14 |
| equity fund, unless the disclosure of the identity of a | 15 |
| privately held company may cause competitive harm.
| 16 |
| Nothing contained in this
paragraph (g) shall be construed | 17 |
| to prevent a person or business from
consenting 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,
|
|
|
|
SB0546 Re-Enrolled |
- 19 - |
LRB095 09375 JAM 29570 b |
|
| 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) Test questions, scoring keys and other examination | 12 |
| data used to
administer an academic examination or | 13 |
| determined the qualifications of an
applicant for a license | 14 |
| or employment.
| 15 |
| (k) Architects' plans, engineers' technical | 16 |
| submissions, and
other
construction related technical | 17 |
| documents for
projects not constructed or developed in | 18 |
| whole or in part with public funds
and the same for | 19 |
| projects constructed or developed with public funds, but
| 20 |
| only to the extent
that disclosure would compromise | 21 |
| security, including but not limited to water
treatment | 22 |
| facilities, airport facilities, sport stadiums, convention | 23 |
| centers,
and all government owned, operated, or occupied | 24 |
| buildings.
| 25 |
| (l) Library circulation and order records identifying | 26 |
| library users with
specific materials.
|
|
|
|
SB0546 Re-Enrolled |
- 20 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| (m) Minutes of meetings of public bodies closed to the
| 2 |
| public as provided in the Open Meetings Act until the | 3 |
| public body
makes the minutes available to the public under | 4 |
| Section 2.06 of the Open
Meetings Act.
| 5 |
| (n) Communications between a public body and an | 6 |
| attorney or auditor
representing the public body that would | 7 |
| not be subject to discovery in
litigation, and materials | 8 |
| prepared or compiled by or for a public body in
| 9 |
| anticipation of a criminal, civil or administrative | 10 |
| proceeding upon the
request of an attorney advising the | 11 |
| public body, and materials prepared or
compiled with | 12 |
| respect to internal audits of public bodies.
| 13 |
| (o) Information received by a primary or secondary | 14 |
| school, college or
university under its procedures for the | 15 |
| evaluation of faculty members by
their academic peers.
| 16 |
| (p) Administrative or technical information associated | 17 |
| with automated
data processing operations, including but | 18 |
| not limited to software,
operating protocols, computer | 19 |
| program abstracts, file layouts, source
listings, object | 20 |
| modules, load modules, user guides, documentation
| 21 |
| pertaining to all logical and physical design of | 22 |
| computerized systems,
employee manuals, and any other | 23 |
| information that, if disclosed, would
jeopardize the | 24 |
| security of the system or its data or the security of
| 25 |
| materials exempt under this Section.
| 26 |
| (q) Documents or materials relating to collective |
|
|
|
SB0546 Re-Enrolled |
- 21 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| negotiating matters
between public bodies and their | 2 |
| employees or representatives, except that
any final | 3 |
| contract or agreement shall be subject to inspection and | 4 |
| copying.
| 5 |
| (r) Drafts, notes, recommendations and memoranda | 6 |
| pertaining to the
financing and marketing transactions of | 7 |
| the public body. The records of
ownership, registration, | 8 |
| transfer, and exchange of municipal debt
obligations, and | 9 |
| of persons to whom payment with respect to these | 10 |
| obligations
is made.
| 11 |
| (s) The records, documents and information relating to | 12 |
| real estate
purchase negotiations until those negotiations | 13 |
| have been completed or
otherwise terminated. With regard to | 14 |
| a parcel involved in a pending or
actually and reasonably | 15 |
| contemplated eminent domain proceeding under the Eminent | 16 |
| Domain Act, records, documents and
information relating to | 17 |
| that parcel shall be exempt except as may be
allowed under | 18 |
| discovery rules adopted by the Illinois Supreme Court. The
| 19 |
| records, documents and information relating to a real | 20 |
| estate sale shall be
exempt until a sale is consummated.
| 21 |
| (t) Any and all proprietary information and records | 22 |
| related to the
operation of an intergovernmental risk | 23 |
| management association or
self-insurance pool or jointly | 24 |
| self-administered health and accident
cooperative or pool.
| 25 |
| (u) Information concerning a university's adjudication | 26 |
| of student or
employee grievance or disciplinary cases, to |
|
|
|
SB0546 Re-Enrolled |
- 22 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| the extent that disclosure
would reveal the identity of the | 2 |
| student or employee and information
concerning any public | 3 |
| body's adjudication of student or employee grievances
or | 4 |
| disciplinary cases, except for the final outcome of the | 5 |
| cases.
| 6 |
| (v) Course materials or research materials used by | 7 |
| faculty members.
| 8 |
| (w) Information related solely to the internal | 9 |
| personnel rules and
practices of a public body.
| 10 |
| (x) Information contained in or related to | 11 |
| examination, operating, or
condition reports prepared by, | 12 |
| on behalf of, or for the use of a public
body responsible | 13 |
| for the regulation or supervision of financial
| 14 |
| institutions or insurance companies, unless disclosure is | 15 |
| otherwise
required by State law.
| 16 |
| (y) Information the disclosure of which is restricted | 17 |
| under Section
5-108 of the Public Utilities Act.
| 18 |
| (z) Manuals or instruction to staff that relate to | 19 |
| establishment or
collection of liability for any State tax | 20 |
| or that relate to investigations
by a public body to | 21 |
| determine violation of any criminal law.
| 22 |
| (aa) Applications, related documents, and medical | 23 |
| records received by
the Experimental Organ Transplantation | 24 |
| Procedures Board and any and all
documents or other records | 25 |
| prepared by the Experimental Organ
Transplantation | 26 |
| Procedures Board or its staff relating to applications
it |
|
|
|
SB0546 Re-Enrolled |
- 23 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| has received.
| 2 |
| (bb) 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 |
| (cc) Information and records held by the Department of | 7 |
| Public Health and
its authorized representatives relating | 8 |
| to known or suspected cases of
sexually transmissible | 9 |
| disease or any information the disclosure of which
is | 10 |
| restricted under the Illinois Sexually Transmissible | 11 |
| Disease Control Act.
| 12 |
| (dd) Information the disclosure of which is exempted | 13 |
| under Section 30
of the Radon Industry Licensing Act.
| 14 |
| (ee) Firm performance evaluations under Section 55 of | 15 |
| the
Architectural, Engineering, and Land Surveying | 16 |
| Qualifications Based
Selection Act.
| 17 |
| (ff) Security portions of system safety program plans, | 18 |
| investigation
reports, surveys, schedules, lists, data, or | 19 |
| information compiled, collected,
or prepared by or for the | 20 |
| Regional Transportation Authority under Section 2.11
of | 21 |
| the Regional Transportation Authority Act or the St. Clair | 22 |
| County Transit
District under the
Bi-State Transit Safety | 23 |
| Act.
| 24 |
| (gg) Information the disclosure of which is restricted | 25 |
| and
exempted under Section 50 of the Illinois Prepaid | 26 |
| Tuition Act.
|
|
|
|
SB0546 Re-Enrolled |
- 24 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| (hh) Information the disclosure of which is
exempted | 2 |
| under the State Officials and Employees Ethics Act.
| 3 |
| (ii) Beginning July 1, 1999, information that would | 4 |
| disclose
or might lead to the disclosure of
secret or | 5 |
| confidential information, codes, algorithms, programs, or | 6 |
| private
keys intended to be used to create electronic or | 7 |
| digital signatures under the
Electronic Commerce Security | 8 |
| Act.
| 9 |
| (jj) Information contained in a local emergency energy | 10 |
| plan submitted to
a municipality in accordance with a local | 11 |
| emergency energy plan ordinance that
is adopted under | 12 |
| Section 11-21.5-5 of the Illinois Municipal Code.
| 13 |
| (kk) Information and data concerning the distribution | 14 |
| of
surcharge moneys collected and remitted by wireless | 15 |
| carriers under the Wireless
Emergency Telephone Safety | 16 |
| Act.
| 17 |
| (ll) 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 |
|
|
|
SB0546 Re-Enrolled |
- 25 - |
LRB095 09375 JAM 29570 b |
|
| 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 |
| (mm) Maps and other records regarding the location or | 6 |
| security of a
utility's generation, transmission, | 7 |
| distribution, storage, gathering,
treatment, or switching | 8 |
| facilities.
| 9 |
| (nn) Law enforcement officer identification | 10 |
| information or
driver
identification
information compiled | 11 |
| by a law enforcement agency or the Department of
| 12 |
| Transportation
under Section 11-212 of the Illinois | 13 |
| Vehicle Code.
| 14 |
| (oo) Records and information provided to a residential
| 15 |
| health care
facility resident sexual assault
and death | 16 |
| review team or the Executive Council under the Abuse | 17 |
| Prevention Review Team Act.
| 18 |
| (pp) Information provided to the predatory lending | 19 |
| database created pursuant to Article 3 of the Residential | 20 |
| Real Property Disclosure Act, except to the extent | 21 |
| authorized under that Article.
| 22 |
| (qq) Defense budgets and petitions for certification | 23 |
| of compensation and expenses for court appointed trial | 24 |
| counsel as provided under Sections 10 and 15 of the Capital | 25 |
| Crimes Litigation Act. This subsection (qq) shall apply | 26 |
| until the conclusion of the trial of the case, even if the |
|
|
|
SB0546 Re-Enrolled |
- 26 - |
LRB095 09375 JAM 29570 b |
|
| 1 |
| prosecution chooses not to pursue the death penalty prior | 2 |
| to trial or sentencing.
| 3 |
| (2) This Section does not authorize withholding of | 4 |
| information or limit the
availability of records to the public, | 5 |
| except as stated in this Section or
otherwise provided in this | 6 |
| Act.
| 7 |
| (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, | 8 |
| eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; | 9 |
| 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. | 10 |
| 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff. | 11 |
| 6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised | 12 |
| 8-3-06.)
| 13 |
| Section 99. Effective date. This Act takes effect June 1, | 14 |
| 2009.
|
|