Full Text of HB5789 96th General Assembly
HB5789 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5789
Introduced 2/10/2010, by Rep. Michael K. Smith SYNOPSIS AS INTRODUCED: |
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5 ILCS 140/1 |
from Ch. 116, par. 201 |
5 ILCS 140/3 |
from Ch. 116, par. 203 |
5 ILCS 140/7 |
from Ch. 116, par. 207 |
5 ILCS 140/9.5 |
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5 ILCS 140/11.5 |
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Amends the Freedom of Information Act. In the Act's intent provisions, removes references to the lower priority of a public body's financial obligations when considering requests. Provides that the 5-business day deadline by which a public body must act upon a records request is calculated in accordance with the Statute on Statutes and, with respect to School Code entities, certain provisions of the School Code relating to non-pupil attendance days.
Permits a public body to seek review of a binding opinion of the Public Access Counselor in the county where the body's principal office is located (now, Cook County or Sangamon County). With respect to the disclosure exemption for personal information, removes the balancing test with respect to an unwarranted invasion of privacy. Exempts from disclosure evaluations and performance assessments of certified and non-certified school district employees, employment applications, and applications for appointments to fill vacancies in public offices. Requires (now, permits) a review when a public body seeks an advisory opinion from the Public Access Counselor. Provides for the effects of a public body seeking a binding written opinion of the Public Access Counselor.
Effective immediately.
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A BILL FOR
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HB5789 |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Freedom of Information Act is amended by | 5 |
| changing Sections 1, 3, 7, 9.5, and 11.5 as follows: | 6 |
| (5 ILCS 140/1) (from Ch. 116, par. 201) | 7 |
| Sec. 1. Pursuant to the fundamental philosophy of the | 8 |
| American constitutional
form of government, it is declared to | 9 |
| be the public policy of the State of
Illinois that all persons | 10 |
| are entitled to full and complete information
regarding the | 11 |
| affairs of government and the official acts and policies of
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| those who represent them as public officials and public | 13 |
| employees consistent
with the terms of this Act. Such access is | 14 |
| necessary to enable the people
to fulfill their duties of | 15 |
| discussing public issues fully and freely, making
informed | 16 |
| political judgments and monitoring government to ensure that it
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| is being conducted in the public interest. | 18 |
| The General Assembly hereby declares that it is the public | 19 |
| policy of the State of Illinois that access by all persons to | 20 |
| public records promotes the transparency and accountability of | 21 |
| public bodies at all levels of government. It is a fundamental | 22 |
| obligation of government to operate openly and provide public | 23 |
| records as expediently and efficiently as possible in |
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| compliance with this Act. | 2 |
| This Act is not intended to cause an unwarranted invasion | 3 |
| of personal privacy, nor
to allow a request the requests of a | 4 |
| commercial enterprise to unduly burden public resources, or to | 5 |
| disrupt the
duly-undertaken work of any public body independent | 6 |
| of the fulfillment of
any of the fore-mentioned rights of the | 7 |
| people to access to information. | 8 |
| This Act is not intended to create an obligation on the | 9 |
| part of any public
body to maintain or prepare any public | 10 |
| record which was not maintained or
prepared by such public body | 11 |
| at the time when this Act becomes effective,
except as | 12 |
| otherwise required by applicable local, State or federal law. | 13 |
| Restraints on access to information, to the extent | 14 |
| permitted by this Act, are limited exceptions
to the principle | 15 |
| that the people of this State have a right to full disclosure | 16 |
| of information relating to the decisions,
policies, | 17 |
| procedures, rules, standards, and other aspects of government
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| activity that affect the conduct of government and the lives of | 19 |
| any or all
of the people. The provisions of this Act shall be | 20 |
| construed in accordance with this principle. This Act shall be | 21 |
| construed to require disclosure of requested information as | 22 |
| expediently and efficiently as possible and adherence to the | 23 |
| deadlines established in this Act. | 24 |
| The General Assembly recognizes that this Act imposes | 25 |
| fiscal obligations on public bodies to provide adequate staff | 26 |
| and equipment to comply with its requirements. The General |
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| Assembly declares that providing records in compliance with the | 2 |
| requirements of this Act is a primary duty of public bodies to | 3 |
| the people of this State , and this Act should be construed to | 4 |
| this end, fiscal obligations notwithstanding . | 5 |
| The General Assembly further recognizes that technology | 6 |
| may advance at a rate that outpaces its ability to address | 7 |
| those advances legislatively. To the extent that this Act may | 8 |
| not expressly apply to those technological advances, this Act | 9 |
| should nonetheless be interpreted to further the declared | 10 |
| policy of this Act that public records shall be made available | 11 |
| upon request except when denial of access furthers the public | 12 |
| policy underlying a specific exemption. | 13 |
| This Act shall be the exclusive State statute on freedom of | 14 |
| information,
except to the extent that other State statutes | 15 |
| might create additional restrictions
on disclosure of | 16 |
| information or other laws in Illinois might create additional
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| obligations for disclosure of information to the public. | 18 |
| (Source: P.A. 96-542, eff. 1-1-10.)
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| (5 ILCS 140/3) (from Ch. 116, par. 203)
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| Sec. 3.
(a) Each public body shall make available to any | 21 |
| person for
inspection or copying all public records, except as | 22 |
| otherwise provided in
Section 7 of this Act.
Notwithstanding | 23 |
| any other law, a public body may not grant to any person
or | 24 |
| entity, whether by contract, license, or otherwise, the | 25 |
| exclusive right to
access and disseminate any public record as |
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| defined in this Act.
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| (b) Subject to the fee provisions of Section 6 of this Act, | 3 |
| each public
body shall promptly provide, to any person who | 4 |
| submits a request,
a copy of any public record required to be | 5 |
| disclosed
by subsection (a) of this Section and shall certify | 6 |
| such copy if so requested.
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| (c) Requests for inspection or copies shall be made in | 8 |
| writing and directed to the public body. Written requests may | 9 |
| be submitted to a public body via personal delivery, mail, | 10 |
| telefax, or other means available to the public body. A public | 11 |
| body may honor oral requests for inspection or copying. A | 12 |
| public body may not require that a request be submitted on a | 13 |
| standard form or require the requester to specify the purpose | 14 |
| for a request, except to determine whether the records are | 15 |
| requested for a commercial purpose or whether to grant a | 16 |
| request for a fee waiver. All requests for inspection and | 17 |
| copying received by a public body shall immediately be | 18 |
| forwarded to its Freedom of Information officer or designee. | 19 |
| (d) Each public body shall, promptly, either comply with or | 20 |
| deny a
request for public records within 5 business days | 21 |
| (calculated in accordance with Section 1.11 of the Statute on | 22 |
| Statutes and, when the public body is organized or established | 23 |
| pursuant to the School Code, excluding all non-pupil attendance | 24 |
| days between the opening and closing days of the school term | 25 |
| specified in the calendar established in accordance with | 26 |
| Section 10-19 of the School Code) after its receipt of the |
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| request, unless the time for response is properly extended | 2 |
| under subsection (e) of this Section. Denial
shall be in | 3 |
| writing as provided in Section 9 of this Act. Failure to comply | 4 |
| with
a written request, extend the time for response, or deny a | 5 |
| request within 5 business days after its receipt shall be | 6 |
| considered a
denial of the request. A public body that fails to | 7 |
| respond to a request within the requisite periods in this | 8 |
| Section but thereafter provides the requester with copies of | 9 |
| the requested public records may not impose a fee for such | 10 |
| copies. A public body that fails to respond to a request | 11 |
| received may not treat the request as unduly burdensome under | 12 |
| subsection (g).
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| (e) The time for response under this Section may be
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| extended by the public body for not more than 5 business days | 15 |
| from the original due date for any
of the following reasons:
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| (i) the requested records are stored in whole or in | 17 |
| part at other
locations
than the office having charge of | 18 |
| the requested records;
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| (ii) the request requires the collection of a | 20 |
| substantial number of
specified records;
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| (iii) the request is couched in categorical terms and | 22 |
| requires an
extensive
search for the records responsive to | 23 |
| it;
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| (iv) the requested records have not been located in the | 25 |
| course of routine
search and additional efforts are being | 26 |
| made to locate them;
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| (v) the requested records require examination and | 2 |
| evaluation by personnel
having the necessary competence | 3 |
| and discretion to determine if they are
exempt from | 4 |
| disclosure under Section 7 of this Act or should be | 5 |
| revealed
only with appropriate deletions;
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| (vi) the request for records cannot be complied with by | 7 |
| the public body
within the time limits prescribed by | 8 |
| paragraph (c) of this Section without
unduly burdening or | 9 |
| interfering with the operations of the public body;
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| (vii) there is a need for consultation, which shall be | 11 |
| conducted with all
practicable speed, with another public | 12 |
| body or among two or more components
of a public body | 13 |
| having a substantial interest in the determination or in
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| the subject matter of the request.
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| The person making a request and the public body may agree | 16 |
| in writing to extend the time for compliance for a period to be | 17 |
| determined by the parties. If the requester and the public body | 18 |
| agree to extend the period for compliance, a failure by the | 19 |
| public body to comply with any previous deadlines shall not be | 20 |
| treated as a denial of the request for the records. | 21 |
| (f) When additional time is required for any of the above | 22 |
| reasons, the
public body shall, within 5 business days after | 23 |
| receipt of the request, notify the person making the request of | 24 |
| the reasons
for the extension and the date by which the | 25 |
| response will be forthcoming. Failure to respond within the | 26 |
| time permitted for extension shall be considered a denial of |
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| the request. A public body that fails to respond to a request | 2 |
| within the time permitted for extension but thereafter provides | 3 |
| the requester with copies of the requested public records may | 4 |
| not impose a fee for those copies. A public body that requests | 5 |
| an extension and subsequently fails to respond to the request | 6 |
| may not treat the request as unduly burdensome under subsection | 7 |
| (g).
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| (g) Requests calling for all records falling within a | 9 |
| category shall be
complied with unless compliance with the | 10 |
| request would be unduly burdensome
for the complying public | 11 |
| body and there is no way to narrow the request and the
burden | 12 |
| on the public body outweighs the public interest in the | 13 |
| information.
Before invoking this exemption, the public body | 14 |
| shall extend to the person
making the request an opportunity to | 15 |
| confer with it in an attempt to reduce
the request to | 16 |
| manageable proportions. If any body responds to a categorical
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| request by stating that compliance would unduly burden its | 18 |
| operation and
the conditions described above are met, it shall | 19 |
| do so in writing, specifying
the reasons why it would be unduly | 20 |
| burdensome and the extent to which compliance
will so burden | 21 |
| the operations of the public body. Such a response shall
be | 22 |
| treated as a denial of the
request for information. | 23 |
| Repeated requests from the same person for the same records | 24 |
| that are unchanged or identical to records previously provided | 25 |
| or properly denied under this Act shall be deemed unduly | 26 |
| burdensome under this provision.
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| (h) Each public body may promulgate rules and regulations | 2 |
| in conformity
with the provisions of this Section pertaining to | 3 |
| the availability of records
and procedures to be followed, | 4 |
| including:
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| (i) the times and places where such records will be | 6 |
| made available, and
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| (ii) the persons from whom such records may be | 8 |
| obtained.
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| (i) The time periods for compliance or denial of a request | 10 |
| to inspect or copy records set out in this Section shall not | 11 |
| apply to requests for records made for a commercial purpose. | 12 |
| Such requests shall be subject to the provisions of Section 3.1 | 13 |
| of this Act. | 14 |
| (Source: P.A. 96-542, eff. 1-1-10.)
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| (5 ILCS 140/7) (from Ch. 116, par. 207) | 16 |
| (Text of Section before amendment by P.A. 96-736 ) | 17 |
| Sec. 7. Exemptions.
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| (1) When a request is made to inspect or copy a public | 19 |
| record that contains information that is exempt from disclosure | 20 |
| under this Section, but also contains information that is not | 21 |
| exempt from disclosure, the public body may elect to redact the | 22 |
| information that is exempt. The public body shall make the | 23 |
| remaining information available for inspection and copying. | 24 |
| Subject to this requirement, the following shall be exempt from | 25 |
| inspection and copying:
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| (a) Information specifically prohibited from | 2 |
| disclosure by federal or
State law or rules and regulations | 3 |
| implementing federal or State law.
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| (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
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| 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.
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| (d) Records in the possession of any public body | 25 |
| created in the course of administrative enforcement
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| proceedings, and any law enforcement or correctional |
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| agency for
law enforcement purposes,
but only to the extent | 2 |
| that disclosure would:
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| (i) interfere with pending or actually and | 4 |
| reasonably contemplated
law enforcement proceedings | 5 |
| conducted by any law enforcement or correctional
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| agency that is the recipient of the request;
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| (ii) interfere with active administrative | 8 |
| enforcement proceedings
conducted by the public body | 9 |
| that is the recipient of the request;
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| (iii) create a substantial likelihood that a | 11 |
| person will be deprived of a fair trial or an impartial | 12 |
| hearing;
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| (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;
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| (v) disclose unique or specialized investigative | 26 |
| techniques other than
those generally used and known or |
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| disclose internal documents of
correctional agencies | 2 |
| related to detection, observation or investigation of
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| 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;
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| (vi) endanger the life or physical safety of law | 7 |
| enforcement personnel
or any other person; or
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| (vii) obstruct an ongoing criminal investigation | 9 |
| by the agency that is the recipient of the request.
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| (e) Records that relate to or affect the security of | 11 |
| correctional
institutions and detention facilities.
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| (f) Preliminary drafts, notes, recommendations, | 13 |
| memoranda and other
records in which opinions are | 14 |
| expressed, or policies or actions are
formulated, except | 15 |
| that a specific record or relevant portion of a
record | 16 |
| shall not be exempt when the record is publicly cited
and | 17 |
| identified by the head of the public body. The exemption | 18 |
| provided in
this paragraph (f) extends to all those records | 19 |
| of officers and agencies
of the General Assembly that | 20 |
| pertain to the preparation of legislative
documents.
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| (g) Trade secrets and commercial or financial | 22 |
| information obtained from
a person or business where the | 23 |
| trade secrets or commercial or financial information are | 24 |
| furnished under a claim that they are
proprietary, | 25 |
| privileged or confidential, and that disclosure of the | 26 |
| trade
secrets or commercial or financial information would |
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| cause competitive harm to the person or business, and only | 2 |
| insofar as the claim directly applies to the records | 3 |
| requested. | 4 |
| The information included under this exemption includes | 5 |
| all (i) All trade secrets and commercial or financial | 6 |
| information obtained by a public body, including a public | 7 |
| pension fund, from a private equity fund or a privately | 8 |
| held company within the investment portfolio of a private | 9 |
| equity fund as a result of either investing or evaluating a | 10 |
| potential investment of public funds in a private equity | 11 |
| fund. The exemption contained in this item does not apply | 12 |
| to the aggregate financial performance information of a | 13 |
| private equity fund, nor to the identity of the fund's | 14 |
| managers or general partners. The exemption contained in | 15 |
| this item does not apply to the identity of a privately | 16 |
| held company within the investment portfolio of a private | 17 |
| equity fund, unless the disclosure of the identity of a | 18 |
| privately held company may cause competitive harm. | 19 |
| Nothing contained in this
paragraph (g) shall be | 20 |
| construed to prevent a person or business from
consenting | 21 |
| to disclosure.
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| (h) Proposals and bids for any contract, grant, or | 23 |
| agreement, including
information which if it were | 24 |
| disclosed would frustrate procurement or give
an advantage | 25 |
| to any person proposing to enter into a contractor | 26 |
| agreement
with the body, until an award or final selection |
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| is made. Information
prepared by or for the body in | 2 |
| preparation of a bid solicitation shall be
exempt until an | 3 |
| award or final selection is made.
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| (i) Valuable formulae,
computer geographic systems,
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| designs, drawings and research data obtained or
produced by | 6 |
| any public body when disclosure could reasonably be | 7 |
| expected to
produce private gain or public loss.
The | 8 |
| exemption for "computer geographic systems" provided in | 9 |
| this paragraph
(i) does not extend to requests made by news | 10 |
| media as defined in Section 2 of
this Act when the | 11 |
| requested information is not otherwise exempt and the only
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| purpose of the request is to access and disseminate | 13 |
| information regarding the
health, safety, welfare, or | 14 |
| legal rights of the general public.
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| (j) The following information pertaining to | 16 |
| educational matters: | 17 |
| (i) test questions, scoring keys and other | 18 |
| examination data used to
administer an academic | 19 |
| examination;
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| (ii) information received by a primary or | 21 |
| secondary school, college, or university under its | 22 |
| procedures for the evaluation of faculty members by | 23 |
| their academic peers; | 24 |
| (iii) information concerning a school or | 25 |
| university's adjudication of student disciplinary | 26 |
| cases, but only to the extent that disclosure would |
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| unavoidably reveal the identity of the student; and | 2 |
| (iv) course materials or research materials used | 3 |
| by faculty members ; and . | 4 |
| (v) evaluations and performance assessments of | 5 |
| certified and non-certified school district employees. | 6 |
| (k) Architects' plans, engineers' technical | 7 |
| submissions, and
other
construction related technical | 8 |
| documents for
projects not constructed or developed in | 9 |
| whole or in part with public funds
and the same for | 10 |
| projects constructed or developed with public funds, | 11 |
| including but not limited to power generating and | 12 |
| distribution stations and other transmission and | 13 |
| distribution facilities, water treatment facilities, | 14 |
| airport facilities, sport stadiums, convention centers, | 15 |
| and all government owned, operated, or occupied buildings, | 16 |
| but
only to the extent
that disclosure would compromise | 17 |
| security.
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| (l) Minutes of meetings of public bodies closed to the
| 19 |
| public as provided in the Open Meetings Act until the | 20 |
| public body
makes the minutes available to the public under | 21 |
| Section 2.06 of the Open
Meetings Act.
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| (m) Communications between a public body and an | 23 |
| attorney or auditor
representing the public body that would | 24 |
| not be subject to discovery in
litigation, and materials | 25 |
| prepared or compiled by or for a public body in
| 26 |
| anticipation of a criminal, civil or administrative |
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| proceeding upon the
request of an attorney advising the | 2 |
| public body, and materials prepared or
compiled with | 3 |
| respect to internal audits of public bodies.
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| (n) Records relating to a public body's adjudication of | 5 |
| employee grievances or disciplinary cases; however, this | 6 |
| exemption shall not extend to the final outcome of cases in | 7 |
| which discipline is imposed.
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| (o) Administrative or technical information associated | 9 |
| with automated
data processing operations, including but | 10 |
| not limited to software,
operating protocols, computer | 11 |
| program abstracts, file layouts, source
listings, object | 12 |
| modules, load modules, user guides, documentation
| 13 |
| pertaining to all logical and physical design of | 14 |
| computerized systems,
employee manuals, and any other | 15 |
| information that, if disclosed, would
jeopardize the | 16 |
| security of the system or its data or the security of
| 17 |
| materials exempt under this Section.
| 18 |
| (p) Records relating to collective negotiating matters
| 19 |
| between public bodies and their employees or | 20 |
| representatives, except that
any final contract or | 21 |
| agreement shall be subject to inspection and copying.
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| (q) Test questions, scoring keys, and other | 23 |
| examination data used to determine the qualifications of an | 24 |
| applicant for a license or employment.
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| (r) The records, documents , and information relating | 26 |
| to real estate
purchase negotiations until those |
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| negotiations have been completed or
otherwise terminated. | 2 |
| With regard to a parcel involved in a pending or
actually | 3 |
| and reasonably contemplated eminent domain proceeding | 4 |
| under the Eminent Domain Act, records, documents and
| 5 |
| information relating to that parcel shall be exempt except | 6 |
| as may be
allowed under discovery rules adopted by the | 7 |
| Illinois Supreme Court. The
records, documents and | 8 |
| information relating to a real estate sale shall be
exempt | 9 |
| until a sale is consummated.
| 10 |
| (s) Any and all proprietary information and records | 11 |
| related to the
operation of an intergovernmental risk | 12 |
| management association or
self-insurance pool or jointly | 13 |
| self-administered health and accident
cooperative or pool.
| 14 |
| Insurance or self insurance (including any | 15 |
| intergovernmental risk management association or self | 16 |
| insurance pool) claims, loss or risk management | 17 |
| information, records, data, advice or communications.
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| (t) Information contained in or related to | 19 |
| examination, operating, or
condition reports prepared by, | 20 |
| on behalf of, or for the use of a public
body responsible | 21 |
| for the regulation or supervision of financial
| 22 |
| institutions or insurance companies, unless disclosure is | 23 |
| otherwise
required by State law.
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| (u) Information that would disclose
or might lead to | 25 |
| the disclosure of
secret or confidential information, | 26 |
| codes, algorithms, programs, or private
keys intended to be |
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| used to create electronic or digital signatures under the
| 2 |
| Electronic Commerce Security Act.
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| (v) Vulnerability assessments, security measures, and | 4 |
| response policies
or plans that are designed to identify, | 5 |
| prevent, or respond to potential
attacks upon a community's | 6 |
| population or systems, facilities, or installations,
the | 7 |
| destruction or contamination of which would constitute a | 8 |
| clear and present
danger to the health or safety of the | 9 |
| community, but only to the extent that
disclosure could | 10 |
| reasonably be expected to jeopardize the effectiveness of | 11 |
| the
measures or the safety of the personnel who implement | 12 |
| them or the public.
Information exempt under this item may | 13 |
| include such things as details
pertaining to the | 14 |
| mobilization or deployment of personnel or equipment, to | 15 |
| the
operation of communication systems or protocols, or to | 16 |
| tactical operations.
| 17 |
| (w) Employment applications and, when the public body | 18 |
| has the authority to fill a vacancy in a public office by | 19 |
| appointment, applications for appointments to fill | 20 |
| vacancies in a public office. | 21 |
| (x) Maps and other records regarding the location or | 22 |
| security of generation, transmission, distribution, | 23 |
| storage, gathering,
treatment, or switching facilities | 24 |
| owned by a utility, by a power generator, or by the | 25 |
| Illinois Power Agency.
| 26 |
| (y) Information contained in or related to proposals, |
|
|
|
HB5789 |
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LRB096 19730 JAM 35146 b |
|
| 1 |
| bids, or negotiations related to electric power | 2 |
| procurement under Section 1-75 of the Illinois Power Agency | 3 |
| Act and Section 16-111.5 of the Public Utilities Act that | 4 |
| is determined to be confidential and proprietary by the | 5 |
| Illinois Power Agency or by the Illinois Commerce | 6 |
| Commission.
| 7 |
| (z) (tt) Information about students exempted from | 8 |
| disclosure under Sections 10-20.38 or 34-18.29 of the | 9 |
| School Code, and information about undergraduate students | 10 |
| enrolled at an institution of higher education exempted | 11 |
| from disclosure under Section 25 of the Illinois Credit | 12 |
| Card Marketing Act of 2009. | 13 |
| (2) A public record that is not in the possession of a | 14 |
| public body but is in the possession of a party with whom the | 15 |
| agency has contracted to perform a governmental function on | 16 |
| behalf of the public body, and that directly relates to the | 17 |
| governmental function and is not otherwise exempt under this | 18 |
| Act, shall be considered a public record of the public body, | 19 |
| for purposes of this Act. | 20 |
| (3) This Section does not authorize withholding of | 21 |
| information or limit the
availability of records to the public, | 22 |
| except as stated in this Section or
otherwise provided in this | 23 |
| Act.
| 24 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | 25 |
| 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | 26 |
| 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; |
|
|
|
HB5789 |
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LRB096 19730 JAM 35146 b |
|
| 1 |
| revised 9-25-09.) | 2 |
| (Text of Section after amendment by P.A. 96-736 ) | 3 |
| Sec. 7. Exemptions.
| 4 |
| (1) When a request is made to inspect or copy a public | 5 |
| record that contains information that is exempt from disclosure | 6 |
| under this Section, but also contains information that is not | 7 |
| exempt from disclosure, the public body may elect to redact the | 8 |
| information that is exempt. The public body shall make the | 9 |
| remaining information available for inspection and copying. | 10 |
| Subject to this requirement, the following shall be exempt from | 11 |
| inspection and copying:
| 12 |
| (a) Information specifically prohibited from | 13 |
| disclosure by federal or
State law or rules and regulations | 14 |
| implementing federal or State law.
| 15 |
| (b) Private information, unless disclosure is required | 16 |
| by another provision of this Act, a State or federal law or | 17 |
| a court order. | 18 |
| (b-5) Files, documents, and other data or databases | 19 |
| maintained by one or more law enforcement agencies and | 20 |
| specifically designed to provide information to one or more | 21 |
| law enforcement agencies regarding the physical or mental | 22 |
| status of one or more individual subjects. | 23 |
| (c) Personal information contained within public | 24 |
| records, the disclosure of which would constitute a clearly
| 25 |
| unwarranted invasion of personal privacy, unless the |
|
|
|
HB5789 |
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LRB096 19730 JAM 35146 b |
|
| 1 |
| disclosure is
consented to in writing by the individual | 2 |
| subjects of the information. "Unwarranted invasion of | 3 |
| personal privacy" means the disclosure of information that | 4 |
| is highly personal or objectionable to a reasonable person | 5 |
| and in which the subject's right to privacy outweighs any | 6 |
| legitimate public interest in obtaining the information . | 7 |
| The
disclosure of information that bears on the public | 8 |
| duties of public
employees and officials shall not be | 9 |
| considered an invasion of personal
privacy.
| 10 |
| (d) Records in the possession of any public body | 11 |
| created in the course of administrative enforcement
| 12 |
| proceedings, and any law enforcement or correctional | 13 |
| agency for
law enforcement purposes,
but only to the extent | 14 |
| that disclosure would:
| 15 |
| (i) interfere with pending or actually and | 16 |
| reasonably contemplated
law enforcement proceedings | 17 |
| conducted by any law enforcement or correctional
| 18 |
| agency that is the recipient of the request;
| 19 |
| (ii) interfere with active administrative | 20 |
| enforcement proceedings
conducted by the public body | 21 |
| that is the recipient of the request;
| 22 |
| (iii) create a substantial likelihood that a | 23 |
| person will be deprived of a fair trial or an impartial | 24 |
| hearing;
| 25 |
| (iv) unavoidably disclose the identity of a | 26 |
| confidential source, confidential information |
|
|
|
HB5789 |
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LRB096 19730 JAM 35146 b |
|
| 1 |
| furnished only by the confidential source, or persons | 2 |
| who file complaints with or provide information to | 3 |
| administrative, investigative, law enforcement, or | 4 |
| penal agencies; except that the identities of | 5 |
| witnesses to traffic accidents, traffic accident | 6 |
| reports, and rescue reports shall be provided by | 7 |
| agencies of local government, except when disclosure | 8 |
| would interfere with an active criminal investigation | 9 |
| conducted by the agency that is the recipient of the | 10 |
| request;
| 11 |
| (v) disclose unique or specialized investigative | 12 |
| techniques other than
those generally used and known or | 13 |
| disclose internal documents of
correctional agencies | 14 |
| related to detection, observation or investigation of
| 15 |
| incidents of crime or misconduct, and disclosure would | 16 |
| result in demonstrable harm to the agency or public | 17 |
| body that is the recipient of the request;
| 18 |
| (vi) endanger the life or physical safety of law | 19 |
| enforcement personnel
or any other person; or
| 20 |
| (vii) obstruct an ongoing criminal investigation | 21 |
| by the agency that is the recipient of the request.
| 22 |
| (e) Records that relate to or affect the security of | 23 |
| correctional
institutions and detention facilities.
| 24 |
| (f) Preliminary drafts, notes, recommendations, | 25 |
| memoranda and other
records in which opinions are | 26 |
| expressed, or policies or actions are
formulated, except |
|
|
|
HB5789 |
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LRB096 19730 JAM 35146 b |
|
| 1 |
| that a specific record or relevant portion of a
record | 2 |
| shall not be exempt when the record is publicly cited
and | 3 |
| identified by the head of the public body. The exemption | 4 |
| provided in
this paragraph (f) extends to all those records | 5 |
| of officers and agencies
of the General Assembly that | 6 |
| pertain to the preparation of legislative
documents.
| 7 |
| (g) Trade secrets and commercial or financial | 8 |
| information obtained from
a person or business where the | 9 |
| trade secrets or commercial or financial information are | 10 |
| furnished under a claim that they are
proprietary, | 11 |
| privileged or confidential, and that disclosure of the | 12 |
| trade
secrets or commercial or financial information would | 13 |
| cause competitive harm to the person or business, and only | 14 |
| insofar as the claim directly applies to the records | 15 |
| requested. | 16 |
| The information included under this exemption includes | 17 |
| all (i) All trade secrets and commercial or financial | 18 |
| information obtained by a public body, including a public | 19 |
| pension fund, from a private equity fund or a privately | 20 |
| held company within the investment portfolio of a private | 21 |
| equity fund as a result of either investing or evaluating a | 22 |
| potential investment of public funds in a private equity | 23 |
| fund. The exemption contained in this item does not apply | 24 |
| to the aggregate financial performance information of a | 25 |
| private equity fund, nor to the identity of the fund's | 26 |
| managers or general partners. The exemption contained in |
|
|
|
HB5789 |
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LRB096 19730 JAM 35146 b |
|
| 1 |
| this item does not apply to the identity of a privately | 2 |
| held company within the investment portfolio of a private | 3 |
| equity fund, unless the disclosure of the identity of a | 4 |
| privately held company may cause competitive harm. | 5 |
| Nothing contained in this
paragraph (g) shall be | 6 |
| construed to prevent a person or business from
consenting | 7 |
| to disclosure.
| 8 |
| (h) Proposals and bids for any contract, grant, or | 9 |
| agreement, including
information which if it were | 10 |
| disclosed would frustrate procurement or give
an advantage | 11 |
| to any person proposing to enter into a contractor | 12 |
| agreement
with the body, until an award or final selection | 13 |
| is made. Information
prepared by or for the body in | 14 |
| preparation of a bid solicitation shall be
exempt until an | 15 |
| award or final selection is made.
| 16 |
| (i) Valuable formulae,
computer geographic systems,
| 17 |
| designs, drawings and research data obtained or
produced by | 18 |
| any public body when disclosure could reasonably be | 19 |
| expected to
produce private gain or public loss.
The | 20 |
| exemption for "computer geographic systems" provided in | 21 |
| this paragraph
(i) does not extend to requests made by news | 22 |
| media as defined in Section 2 of
this Act when the | 23 |
| requested information is not otherwise exempt and the only
| 24 |
| purpose of the request is to access and disseminate | 25 |
| information regarding the
health, safety, welfare, or | 26 |
| legal rights of the general public.
|
|
|
|
HB5789 |
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LRB096 19730 JAM 35146 b |
|
| 1 |
| (j) The following information pertaining to | 2 |
| educational matters: | 3 |
| (i) test questions, scoring keys and other | 4 |
| examination data used to
administer an academic | 5 |
| examination;
| 6 |
| (ii) information received by a primary or | 7 |
| secondary school, college, or university under its | 8 |
| procedures for the evaluation of faculty members by | 9 |
| their academic peers; | 10 |
| (iii) information concerning a school or | 11 |
| university's adjudication of student disciplinary | 12 |
| cases, but only to the extent that disclosure would | 13 |
| unavoidably reveal the identity of the student; and | 14 |
| (iv) course materials or research materials used | 15 |
| by faculty members ; and . | 16 |
| (v) evaluations and performance assessments of | 17 |
| certified and non-certified school district employees. | 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, |
|
|
|
HB5789 |
- 25 - |
LRB096 19730 JAM 35146 b |
|
| 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 |
|
|
|
HB5789 |
- 26 - |
LRB096 19730 JAM 35146 b |
|
| 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 |
|
|
|
HB5789 |
- 27 - |
LRB096 19730 JAM 35146 b |
|
| 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 |
|
|
|
HB5789 |
- 28 - |
LRB096 19730 JAM 35146 b |
|
| 1 |
| the
operation of communication systems or protocols, or to | 2 |
| tactical operations.
| 3 |
| (w) Employment applications and, when the public body | 4 |
| has the authority to fill a vacancy in a public office by | 5 |
| appointment, applications for appointments to fill | 6 |
| vacancies in a public office. | 7 |
| (x) Maps and other records regarding the location or | 8 |
| security of generation, transmission, distribution, | 9 |
| storage, gathering,
treatment, or switching facilities | 10 |
| owned by a utility, by a power generator, or by the | 11 |
| Illinois Power Agency.
| 12 |
| (y) Information contained in or related to proposals, | 13 |
| bids, or negotiations related to electric power | 14 |
| procurement under Section 1-75 of the Illinois Power Agency | 15 |
| Act and Section 16-111.5 of the Public Utilities Act that | 16 |
| is determined to be confidential and proprietary by the | 17 |
| Illinois Power Agency or by the Illinois Commerce | 18 |
| Commission.
| 19 |
| (z) (tt) Information about students exempted from | 20 |
| disclosure under Sections 10-20.38 or 34-18.29 of the | 21 |
| School Code, and information about undergraduate students | 22 |
| enrolled at an institution of higher education exempted | 23 |
| from disclosure under Section 25 of the Illinois Credit | 24 |
| Card Marketing Act of 2009. | 25 |
| (aa) (tt) Information the disclosure of which is
| 26 |
| exempted under the Viatical Settlements Act of 2009.
|
|
|
|
HB5789 |
- 29 - |
LRB096 19730 JAM 35146 b |
|
| 1 |
| (2) A public record that is not in the possession of a | 2 |
| public body but is in the possession of a party with whom the | 3 |
| agency has contracted to perform a governmental function on | 4 |
| behalf of the public body, and that directly relates to the | 5 |
| governmental function and is not otherwise exempt under this | 6 |
| Act, shall be considered a public record of the public body, | 7 |
| for purposes of this Act. | 8 |
| (3) This Section does not authorize withholding of | 9 |
| information or limit the
availability of records to the public, | 10 |
| except as stated in this Section or
otherwise provided in this | 11 |
| Act.
| 12 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | 13 |
| 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | 14 |
| 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | 15 |
| 96-736, eff. 7-1-10; revised 9-25-09.) | 16 |
| (5 ILCS 140/9.5) | 17 |
| Sec. 9.5. Public Access Counselor; opinions. | 18 |
| (a) A person whose request to inspect or copy a public | 19 |
| record is denied by a public body, except the General Assembly | 20 |
| and committees, commissions, and agencies thereof, may file a | 21 |
| request for review with the Public Access Counselor established | 22 |
| in the Office of the Attorney General not later than 60 days | 23 |
| after the date of the final denial. The request for review must | 24 |
| be in writing, signed by the requester, and include (i) a copy | 25 |
| of the request for access to records and (ii) any responses |
|
|
|
HB5789 |
- 30 - |
LRB096 19730 JAM 35146 b |
|
| 1 |
| from the public body. | 2 |
| (b) A public body that receives a request for records, and | 3 |
| asserts that the records are exempt under subsection (1)(c) or | 4 |
| (1)(f) of Section 7 of this Act, shall, within the time periods | 5 |
| provided for responding to a request, provide written notice to | 6 |
| the requester and the Public Access Counselor of its intent to | 7 |
| deny the request in whole or in part. The notice shall include: | 8 |
| (i) a copy of the request for access to records; (ii) the | 9 |
| proposed response from the public body; and (iii) a detailed | 10 |
| summary of the public body's basis for asserting the exemption. | 11 |
| Upon receipt of a notice of intent to deny from a public body, | 12 |
| the Public Access Counselor shall determine whether further | 13 |
| inquiry is warranted. Within 5 working days after receipt of | 14 |
| the notice of intent to deny, the Public Access Counselor shall | 15 |
| notify the public body and the requester whether further | 16 |
| inquiry is warranted. If the Public Access Counselor determines | 17 |
| that further inquiry is warranted, the procedures set out in | 18 |
| this Section regarding the review of denials, including the | 19 |
| production of documents, shall also be applicable to the | 20 |
| inquiry and resolution of a notice of intent to deny from a | 21 |
| public body. Times for response or compliance by the public | 22 |
| body under Section 3 of this Act shall be tolled until the | 23 |
| Public Access Counselor concludes his or her inquiry. | 24 |
| (c) Upon receipt of a request for review, the Public Access | 25 |
| Counselor shall determine whether further action is warranted. | 26 |
| If the Public Access Counselor determines that the alleged |
|
|
|
HB5789 |
- 31 - |
LRB096 19730 JAM 35146 b |
|
| 1 |
| violation is unfounded, he or she shall so advise the requester | 2 |
| and the public body and no further action shall be undertaken. | 3 |
| In all other cases, the Public Access Counselor shall forward a | 4 |
| copy of the request for review to the public body within 7 | 5 |
| working days after receipt and shall specify the records or | 6 |
| other documents that the public body shall furnish to | 7 |
| facilitate the review. Within 7 working days after receipt of | 8 |
| the request for review, the public body shall provide copies of | 9 |
| records requested and shall otherwise fully cooperate with the | 10 |
| Public Access Counselor. If a public body fails to furnish | 11 |
| specified records pursuant to this Section, or if otherwise | 12 |
| necessary, the Attorney General may issue a subpoena to any | 13 |
| person or public body having knowledge of or records pertaining | 14 |
| to a request for review of a denial of access to records under | 15 |
| the Act. To the extent that records or documents produced by a | 16 |
| public body contain information that is claimed to be exempt | 17 |
| from disclosure under Section 7 of this Act, the Public Access | 18 |
| Counselor shall not further disclose that information. | 19 |
| (d) Within 7 working days after it receives a copy of a | 20 |
| request for review and request for production of records from | 21 |
| the Public Access Counselor, the public body may, but is not | 22 |
| required to, answer the allegations of the request for review. | 23 |
| The answer may take the form of a letter, brief, or memorandum. | 24 |
| The Public Access Counselor shall forward a copy of the answer | 25 |
| to the person submitting the request for review, with any | 26 |
| alleged confidential information to which the request pertains |
|
|
|
HB5789 |
- 32 - |
LRB096 19730 JAM 35146 b |
|
| 1 |
| redacted from the copy. The requester may, but is not required | 2 |
| to, respond in writing to the answer within 7 working days and | 3 |
| shall provide a copy of the response to the public body. | 4 |
| (e) In addition to the request for review, and the answer | 5 |
| and the response thereto, if any, a requester or a public body | 6 |
| may furnish affidavits or records concerning any matter germane | 7 |
| to the review. | 8 |
| (f) Unless the Public Access Counselor extends the time by | 9 |
| no more than 21 business days by sending written notice to the | 10 |
| requester and the public body that includes a statement of the | 11 |
| reasons for the extension in the notice, or decides to address | 12 |
| the matter without the issuance of a binding opinion, the | 13 |
| Attorney General shall examine the issues and the records, | 14 |
| shall make findings of fact and conclusions of law, and shall | 15 |
| issue to the requester and the public body an opinion in | 16 |
| response to the request for review within 60 days after its | 17 |
| receipt. The opinion shall be binding upon both the requester | 18 |
| and the public body, subject to administrative review under | 19 |
| Section 11.5. | 20 |
| In responding to any request under this Section 9.5, the | 21 |
| Attorney General may exercise his or her discretion and choose | 22 |
| to resolve a request for review by mediation or by a means | 23 |
| other than the issuance of a binding opinion. The decision not | 24 |
| to issue a binding opinion shall not be reviewable. | 25 |
| Upon receipt of a binding opinion concluding that a | 26 |
| violation of this Act has occurred, the public body shall |
|
|
|
HB5789 |
- 33 - |
LRB096 19730 JAM 35146 b |
|
| 1 |
| either take necessary action immediately to comply with the | 2 |
| directive of the opinion or shall initiate administrative | 3 |
| review under Section 11.5. If the opinion concludes that no | 4 |
| violation of the Act has occurred, the requester may initiate | 5 |
| administrative review under Section 11.5. | 6 |
| A public body that discloses records in accordance with an | 7 |
| opinion of the Attorney General is immune from all liabilities | 8 |
| by reason thereof and shall not be liable for penalties under | 9 |
| this Act. | 10 |
| (g) If the requester files suit under Section 11 with | 11 |
| respect to the same denial that is the subject of a pending | 12 |
| request for review, the requester shall notify the Public | 13 |
| Access Counselor, and the Public Access Counselor shall take no | 14 |
| further action with respect to the request for review and shall | 15 |
| so notify the public body. | 16 |
| (h) The Attorney General may also issue advisory opinions | 17 |
| to public bodies regarding compliance with this Act. A review | 18 |
| shall may be initiated upon receipt of a written request from | 19 |
| the head of the public body or its attorney, which shall | 20 |
| contain sufficient accurate facts from which a determination | 21 |
| can be made. The Public Access Counselor may request additional | 22 |
| information from the public body in order to assist in the | 23 |
| review. A public body that relies in good faith on an advisory | 24 |
| opinion of the Attorney General in responding to a request is | 25 |
| not liable for penalties under this Act, so long as the facts | 26 |
| upon which the opinion is based have been fully and fairly |
|
|
|
HB5789 |
- 34 - |
LRB096 19730 JAM 35146 b |
|
| 1 |
| disclosed to the Public Access Counselor.
| 2 |
| (i) If a public body requests an opinion from the Public | 3 |
| Access Counselor, the public body shall notify the requester in | 4 |
| writing by or before the deadline for response to the request. | 5 |
| The notification shall stop the running of the time for | 6 |
| response until the public body receives a binding written | 7 |
| opinion from the Public Access Counselor that identifies | 8 |
| whether or not the requested information must be provided and | 9 |
| to what extent that information shall be disclosed. Upon | 10 |
| receipt of such an opinion from the Public Access Counselor, | 11 |
| the public body shall have 5 days to comply. | 12 |
| (j) In the event an action is brought before the Public | 13 |
| Access Counselor against a public body for failure to comply | 14 |
| with this Act after the public body has properly sought an | 15 |
| opinion from the Public Access Counselor, the Public Access | 16 |
| Counselor's inquiry shall be limited to whether or not the | 17 |
| public body complied with the Public Access Counselor's ruling. | 18 |
| (Source: P.A. 96-542, eff. 1-1-10.) | 19 |
| (5 ILCS 140/11.5) | 20 |
| Sec. 11.5. Administrative review. A binding opinion issued | 21 |
| by the Attorney General shall be considered a final decision of | 22 |
| an administrative agency, for purposes of administrative | 23 |
| review under the Administrative Review Law (735 ILCS 5/Art. | 24 |
| III). An action for administrative review of a binding opinion | 25 |
| of the Attorney General shall be commenced in the county where |
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HB5789 |
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LRB096 19730 JAM 35146 b |
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| 1 |
| the principal office of the public body is located Cook or | 2 |
| Sangamon County . An advisory opinion issued to a public body | 3 |
| shall not be considered a final decision of the Attorney | 4 |
| General for purposes of this Section. | 5 |
| (Source: P.A. 96-542, eff. 1-1-10.) | 6 |
| Section 95. No acceleration or delay. Where this Act makes | 7 |
| changes in a statute that is represented in this Act by text | 8 |
| that is not yet or no longer in effect (for example, a Section | 9 |
| represented by multiple versions), the use of that text does | 10 |
| not accelerate or delay the taking effect of (i) the changes | 11 |
| made by this Act or (ii) provisions derived from any other | 12 |
| Public Act.
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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