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90_HB0587ham001
LRB9003083DNmbam02
1 AMENDMENT TO HOUSE BILL 587
2 AMENDMENT NO. . Amend House Bill 587 by replacing
3 the title with the following:
4 "AN ACT concerning electronic transmissions."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. This Act may be cited as the Electronic
8 Attendance Act.
9 Section 5. Definitions. As used in this Act:
10 "Electronic means" means teleconference or any other
11 means that enables identifiable voices or other transmissions
12 to be received from any location and enables concurrent
13 actual ability to communicate with the member who is not
14 physically present.
15 "Meeting" means any gathering of a majority of a quorum
16 of the members of a public body held for the purpose of
17 discussing public business.
18 "Public body" includes all legislative, executive,
19 administrative, or advisory bodies of the State, counties,
20 townships, cities, villages, incorporated towns, school
21 districts, and all other municipal corporations, boards,
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1 bureaus, committees, or commissions of this State, and any
2 subsidiary bodies of any of the foregoing including but not
3 limited to committees and subcommittees that are supported in
4 whole or in part by tax revenue, or that expend tax revenue,
5 except the General Assembly and committees or commissions of
6 the General Assembly.
7 Section 10. Attendance by electronic means. A member of
8 a public body shall be considered present at a public meeting
9 if the member is present by electronic means. The attendance
10 by the mayor, president, or any other presiding officer by
11 electronic means shall not constitute the temporary absence
12 of the mayor, president, or any other presiding officer.
13 Section 15. Authorization. A member of a public body
14 may attend a meeting by electronic means if the member is
15 prevented from physically attending because of (i) personal
16 illness or disability, (ii) absence from the district of the
17 public body for personal employment purposes or for the
18 business of the public body, or (iii) a family or other
19 emergency. If the member is absent because of a family or
20 other emergency, then the emergency shall be stated on the
21 record and made a part of the minutes of the meeting.
22 Section 20. Notice by member. If a member wishes to
23 attend a meeting by electronic means, the member shall notify
24 the public body at least 48 hours before the meeting unless
25 impracticable. The public body shall determine if the notice
26 requirement is impracticable on a case-by-case basis.
27 Section 25. Quorum. A member shall be considered
28 present for purposes of determining a quorum if the member is
29 present by electronic means. A quorum of the public body
30 must be physically present for the public body to (i) vote on
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1 the issuance of bonds or (ii) hold any hearing required by
2 law.
3 Section 30. Notice. If one or more members are present
4 at a meeting by electronic means, the public body shall issue
5 a written notice at the meeting stating (i) the names of the
6 members present by electronic means, (ii) the electronic
7 means that the member will use to attend the meeting, and
8 (iii) the location of the monitor or speaker phone receiving
9 communications from the member present by electronic means.
10 Section 35. Conduct.
11 (a) If one or more members of the public body attend a
12 meeting by electronic means, then all votes of the body shall
13 be by roll call.
14 (b) If a member is present by electronic means, then the
15 member must identify himself or herself by name and be
16 recognized by the presiding officer before speaking.
17 Section 40. Availability. Any voice, electronic, or
18 other transmission by electronic means made during the
19 meeting by a member who is attending a public meeting by
20 electronic means shall be made available to the public
21 concurrent with the transmission except for those meeting
22 subject to the exceptions in subsection (c) of Section 2 of
23 the Open Meetings Act.
24 Section 45. Rules. A public body may promulgate any
25 rules, not inconsistent with this Act, concerning attendance
26 at meetings by electronic means and may prescribe more
27 stringent requirements, which shall be binding upon the
28 public body, that would give further notice to the public and
29 facilitate public access to meetings.
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1 Section 50. Applicability. This Act applies to all
2 public bodies. In case of conflict between the provisions of
3 this Act and an Act creating or conferring power on a public
4 body, this Act shall control.
5 Section 85. The Open Meetings Act is amended by changing
6 Sections 1.02, 2.02, 2.05, and 2.06 and adding Section 7 as
7 follows:
8 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
9 Sec. 1.02. For the purposes of this Act:
10 "Meeting" means any gathering of a majority of a quorum
11 of the members of a public body held for the purpose of
12 discussing public business, whether present physically, by
13 teleconference, or by other electronic means that enables
14 identifiable voices or other transmissions to be received
15 from any location and enables concurrent actual ability to
16 communicate with the member who is not physically present.
17 "Public body" includes all legislative, executive,
18 administrative or advisory bodies of the state, counties,
19 townships, cities, villages, incorporated towns, school
20 districts and all other municipal corporations, boards,
21 bureaus, committees or commissions of this State, and any
22 subsidiary bodies of any of the foregoing including but not
23 limited to committees and subcommittees which are supported
24 in whole or in part by tax revenue, or which expend tax
25 revenue, except the General Assembly and committees or
26 commissions thereof. "Public body" does not include a child
27 death review team established under the Child Death Review
28 Team Act.
29 (Source: P.A. 88-614, eff. 9-7-94.)
30 (5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
31 Sec. 2.02. Public notice of all meetings, whether open
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1 or closed to the public, shall be given as follows:
2 (a) Every public body shall give public notice of the
3 schedule of regular meetings at the beginning of each
4 calendar or fiscal year and shall state the regular dates,
5 times, and places of such meetings. For meetings at which
6 one or more members are present by teleconference or other
7 electronic means, the location of the monitor or speaker
8 phone receiving communications from the member present by
9 teleconference or other electronic means shall be disclosed
10 in the agenda for the meeting. An agenda for each regular
11 meeting shall be posted at the principal office of the public
12 body and at the location where the meeting is to be held at
13 least 48 hours in advance of the holding of the meeting. The
14 requirement of a regular meeting agenda shall not preclude
15 the consideration of items not specifically set forth in the
16 agenda. Public notice of any special meeting except a meeting
17 held in the event of a bona fide emergency, or of any
18 rescheduled regular meeting, or of any reconvened meeting,
19 shall be given at least 48 hours before such meeting, which
20 notice shall also include the agenda for the special,
21 rescheduled, or reconvened meeting, but the validity of any
22 action taken by the public body which is germane to a subject
23 on the agenda shall not be affected by other errors or
24 omissions in the agenda. The requirement of public notice of
25 reconvened meetings does not apply to any case where the
26 meeting was open to the public and (1) it is to be reconvened
27 within 24 hours, or (2) an announcement of the time and place
28 of the reconvened meeting was made at the original meeting
29 and there is no change in the agenda. Notice of an emergency
30 meeting shall be given as soon as practicable, but in any
31 event prior to the holding of such meeting, to any news
32 medium which has filed an annual request for notice under
33 subsection (b) of this Section.
34 (b) Public notice shall be given by posting a copy of
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1 the notice at the principal office of the body holding the
2 meeting or, if no such office exists, at the building in
3 which the meeting is to be held. The body shall supply copies
4 of the notice of its regular meetings, and of the notice of
5 any special, emergency, rescheduled or reconvened meeting, to
6 any news medium that has filed an annual request for such
7 notice. Any such news medium shall also be given the same
8 notice of all special, emergency, rescheduled or reconvened
9 meetings in the same manner as is given to members of the
10 body provided such news medium has given the public body an
11 address or telephone number within the territorial
12 jurisdiction of the public body at which such notice may be
13 given.
14 (Source: P.A. 88-621, eff. 1-1-95; 89-86, eff. 6-30-95.)
15 (5 ILCS 120/2.05) (from Ch. 102, par. 42.05)
16 Sec. 2.05. Recording meetings.
17 (a) Subject to the provisions of Section 8-701 of the
18 Code of Civil Procedure "An Act in relation to the rights of
19 witnesses at proceedings conducted by a court, commission,
20 administrative agency or other tribunal in this State which
21 are televised or broadcast or at which motion pictures are
22 taken", approved July 14, 1953, as amended, any person may
23 record the proceedings at meetings required to be open by
24 this Act by tape, film or other means. The authority holding
25 the meeting shall prescribe reasonable rules to govern the
26 right to make such recordings.
27 If a witness at any meeting required to be open by this
28 Act which is conducted by a commission, administrative agency
29 or other tribunal, refuses to testify on the grounds that he
30 may not be compelled to testify if any portion of his
31 testimony is to be broadcast or televised or if motion
32 pictures are to be taken of him while he is testifying, the
33 authority holding the meeting shall prohibit such recording
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1 during the testimony of the witness. Nothing in this Section
2 shall be construed to extend the right to refuse to testify
3 at any meeting not subject to the provisions of Section 8-701
4 of the Code of Civil Procedure "An Act in relation to the
5 rights of witnesses at proceedings conducted by a court,
6 commission, administrative agency or other tribunal in this
7 State which are televised or broadcast or at which motion
8 pictures are taken", approved July 14, 1953, as amended.
9 (b) In any contested case, as defined by the Illinois
10 Administrative Procedure Act, no live testimony may be
11 offered except upon the physical presence of the person
12 testifying unless all parties to the contested case waive the
13 requirement of physical presence. Affidavits, depositions,
14 or other recorded evidence are otherwise admissible as
15 provided by law.
16 (Source: P.A. 82-378.)
17 (5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
18 Sec. 2.06. (a) All public bodies shall keep written
19 minutes of all their meetings, whether open or closed. Such
20 minutes shall include, but need not be limited to:
21 (1) the date, time and place of the meeting;
22 (2) the members of the public body recorded as
23 either present or absent and whether the members were
24 physically present or present by electronic means; and
25 (3) a summary of discussion on all matters
26 proposed, deliberated, or decided, and a record of any
27 votes taken.
28 (b) The minutes of meetings open to the public shall be
29 available for public inspection within 7 days of the approval
30 of such minutes by the public body. Minutes of meetings
31 closed to the public shall be available only after the public
32 body determines that it is no longer necessary to protect the
33 public interest or the privacy of an individual by keeping
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1 them confidential.
2 (c) Each public body shall periodically, but no less
3 than semi-annually, meet to review minutes of all closed
4 meetings. At such meetings a determination shall be made,
5 and reported in an open session that (1) the need for
6 confidentiality still exists as to all or part of those
7 minutes or (2) that the minutes or portions thereof no longer
8 require confidential treatment and are available for public
9 inspection.
10 (Source: P.A. 88-621, eff. 1-1-95.)
11 (5 ILCS 120/7 new)
12 Sec. 7. Attendance by electronic means.
13 (a) Members of a public body may attend a meeting by
14 electronic means if the member is prevented from physically
15 attending for reasons including but limited to (i) personal
16 illness or disability, (ii) absence from the district of the
17 public body for personal employment purposes or for the
18 business of the public body, or (iii) a family or other
19 emergency. If the member is absent because of a family or
20 other emergency, then the emergency shall be stated on the
21 record and made a part of the minutes of the meeting.
22 (b) A member of a public body who wishes to attend a
23 meeting by electronic means shall give notice to the clerk or
24 secretary of the body at least 48 hours before the date of
25 the meeting unless it is not practicable. If a public body
26 is notified at least 48 hours before a meeting that any
27 member or the body will attend the meeting by electronic
28 means, the public notice of a special or regular meeting
29 shall contain (i) the names of the members of the public body
30 who will attend the meeting by electronic means, (ii) the
31 means the member will use, and (iii) the locations from which
32 the public may attend the meeting through the use of the
33 electronic means. If it is not practicable for a member
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1 attending by electronic means to give notice at least 48
2 hours before the meeting, then before convening the meeting,
3 the presiding officer shall announce that a member will be
4 attending the meeting by electronic means and the method the
5 member will use. If the presiding officer of the public body
6 is attending the meeting by electronic means, then he or she
7 may ask the next highest ranking member to serve as
8 chairperson of the meeting. If the next highest ranking
9 member is not physically present, then the presiding officer,
10 with the approval of the public body, may name a member of
11 the body who is physically present to serve as chairperson
12 for the meeting.
13 (c) If one or more members of the public body attend a
14 meeting by electronic means, then all votes of the body shall
15 be by roll call.
16 (d) No more than 2 members of a public body may attend a
17 meeting through the use of electronic means at the same
18 remote location.
19 (e) A quorum of the public body must be physically
20 present for the body (i) to vote on the issuance of bonds or
21 (ii) to hold any hearing as required by law.
22 (f) If a member is present by speaker phone, then the
23 member must identify himself or herself by name and be
24 recognized by the presiding officer before speaking.
25 (g) A public body may adopt and enforce rules not
26 inconsistent with the provisions of this Act concerning
27 attendance at meetings by teleconference or electronic means
28 and may prescribe more stringent requirements binding upon
29 the public body that would give further notice to the public
30 and facilitate public access to meetings. The rules shall
31 provide that any voice, electronic, or other transmission
32 made during a meeting by a member attending a meeting by
33 teleconference or other electronic means shall be made
34 available to the public concurrent with the transmission
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1 except for those meeting subject to the exceptions in
2 subsection (c) of Section 2.
3 Section 90. The Freedom of Information Act is amended by
4 changing Sections 2, 3, 5, 6, and 7 as follows:
5 (5 ILCS 140/2) (from Ch. 116, par. 202)
6 Sec. 2. Definitions. As used in this Act:
7 (a) "Public body" means any legislative, executive,
8 administrative, or advisory bodies of the State, state
9 universities and colleges, counties, townships, cities,
10 villages, incorporated towns, school districts and all other
11 municipal corporations, boards, bureaus, committees, or
12 commissions of this State, and any subsidiary bodies of any
13 of the foregoing including but not limited to committees and
14 subcommittees which are supported in whole or in part by tax
15 revenue, or which expend tax revenue. "Public body" does not
16 include a child death review team established under the Child
17 Death Review Team Act.
18 (b) "Person" means any individual, corporation,
19 partnership, firm, organization or association, acting
20 individually or as a group.
21 (c) "Public records" means all records, reports, forms,
22 writings, letters, memoranda, books, papers, maps,
23 photographs, microfilms, cards, tapes, recordings, electronic
24 data processing records, recorded information and all other
25 documentary materials, regardless of physical form or
26 characteristics, having been prepared, or having been or
27 being used, received, possessed or under the control of any
28 public body. "Public records" includes, but is expressly not
29 limited to: (i) administrative manuals, procedural rules,
30 and instructions to staff, unless exempted by Section 7(p) of
31 this Act; (ii) final opinions and orders made in the
32 adjudication of cases, except an educational institution's
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1 adjudication of student or employee grievance or disciplinary
2 cases; (iii) substantive rules; (iv) statements and
3 interpretations of policy which have been adopted by a public
4 body; (v) final planning policies, recommendations, and
5 decisions; (vi) factual reports, inspection reports, and
6 studies whether prepared by or for the public body; (vii) all
7 information in any account, voucher, or contract dealing with
8 the receipt or expenditure of public or other funds of public
9 bodies; (viii) the names, salaries, titles, and dates of
10 employment of all employees and officers of public bodies;
11 (ix) materials containing opinions concerning the rights of
12 the state, the public, a subdivision of state or a local
13 government, or of any private persons; (x) the name of every
14 official and the final records of voting in all proceedings
15 of public bodies; (xi) applications for any contract, permit,
16 grant, or agreement except as exempted from disclosure by
17 subsection (g) of Section 7 of this Act; (xii) each report,
18 document, study, or publication prepared by independent
19 consultants or other independent contractors for the public
20 body; (xiii) all other information required by law to be made
21 available for public inspection or copying; (xiv) information
22 relating to any grant or contract made by or between a public
23 body and another public body or private organization; and
24 (xv) waiver documents filed with the State Superintendent of
25 Education or the president of the University of Illinois
26 under Section 30-12.5 of the School Code, concerning nominees
27 for General Assembly scholarships under Sections 30-9, 30-10,
28 and 30-11 of the School Code. "Public record" does not
29 include computer software used by a public body.
30 (d) "Copying" means the reproduction of any public
31 record by means of any photographic, electronic, mechanical
32 or other process, device or means.
33 (e) "Head of the public body" means the president,
34 mayor, chairman, presiding officer, director, superintendent,
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1 manager, supervisor or individual otherwise holding primary
2 executive and administrative authority for the public body,
3 or such person's duly authorized designee.
4 (f) "Computer software" means a set of statements, data,
5 or instructions to be used directly or indirectly in a
6 computer in order to bring about a certain result in any form
7 in which those statements, data, or instructions may be
8 embodied, transmitted, or fixed by any method now known or
9 hereafter developed regardless of whether the statements,
10 data, or instructions are capable of being perceived by or
11 communicated to humans and includes pre-written or canned
12 software that is held for repeated sale or lease and all
13 associated documentation and materials.
14 (g) "Electronic transfer" means (i) the transfer of
15 records to a computer disk or a web site or by facsimile or
16 electronic mail, (ii) the provision of access to computers
17 at an administrative or regional office of a public body or
18 by remote electronic means, (iii) the reprogramming or
19 reformatting of electronic records, and (iv) the provision
20 of records in a form comprehensible to persons lacking
21 knowledge of computer language or printout format.
22 (Source: P.A. 88-614, eff. 9-7-94; 89-681, eff. 12-13-96.)
23 (5 ILCS 140/3) (from Ch. 116, par. 203)
24 Sec. 3. (a) Each public body shall make available to
25 any person for inspection or copying all public records,
26 except as otherwise provided in Section 7 of this Act.
27 (b) Subject to the fee provisions of Section 6 of this
28 Act, each public body shall promptly provide, to any person
29 who submits a written request, a copy of any public record
30 required to be disclosed by subsection (a) of this Section
31 and shall certify such copy if so requested.
32 (c) Each public body shall, promptly, either comply with
33 or deny a written request for public records within 7 working
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1 days after its receipt. Denial shall be by letter as
2 provided in Section 9 of this Act. Failure to respond to a
3 written request within 7 working days after its receipt shall
4 be considered a denial of the request. An electronic
5 transmission is not a written request or letter for purposes
6 of this Section.
7 (d) The time limits prescribed in paragraph (c) of this
8 Section may be extended in each case for not more than 7
9 additional working days for any of the following reasons:
10 (i) the requested records are stored in whole or in part
11 at other locations than the office having charge of the
12 requested records;
13 (ii) the request requires the collection of a
14 substantial number of specified records;
15 (iii) the request is couched in categorical terms and
16 requires an extensive search for the records responsive to
17 it;
18 (iv) the requested records have not been located in the
19 course of routine search and additional efforts are being
20 made to locate them;
21 (v) the requested records require examination and
22 evaluation by personnel having the necessary competence and
23 discretion to determine if they are exempt from disclosure
24 under Section 7 of this Act or should be revealed only with
25 appropriate deletions;
26 (vi) the request for records cannot be complied with by
27 the public body within the time limits prescribed by
28 paragraph (c) of this Section without unduly burdening or
29 interfering with the operations of the public body;
30 (vii) there is a need for consultation, which shall be
31 conducted with all practicable speed, with another public
32 body or among two or more components of a public body having
33 a substantial interest in the determination or in the subject
34 matter of the request.
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1 (e) When additional time is required for any of the
2 above reasons, the public body shall notify by letter the
3 person making the written request within the time limits
4 specified by paragraph (c) of this Section of the reasons for
5 the delay and the date by which the records will be made
6 available or denial will be forthcoming. In no instance, may
7 the delay in processing last longer than 7 working days. A
8 failure to render a decision within 7 working days shall be
9 considered a denial of the request.
10 (f) Requests calling for all records falling within a
11 category shall be complied with unless compliance with the
12 request would be unduly burdensome for the complying public
13 body and there is no way to narrow the request and the burden
14 on the public body outweighs the public interest in the
15 information. Before invoking this exemption, the public body
16 shall extend to the person making the request an opportunity
17 to confer with it in an attempt to reduce the request to
18 manageable proportions. If any body responds to a
19 categorical request by stating that compliance would unduly
20 burden its operation and the conditions described above are
21 met, it shall do so in writing, specifying the reasons why it
22 would be unduly burdensome and the extent to which compliance
23 will so burden the operations of the public body. Such a
24 response shall be treated as a denial of the request for
25 information. Repeated requests for the same public records
26 by the same person shall be deemed unduly burdensome under
27 this provision.
28 (g) Each public body may promulgate rules and
29 regulations in conformity with the provisions of this Section
30 pertaining to the availability of records and procedures to
31 be followed, including:
32 (i) the times and places where such records will be made
33 available, and
34 (ii) the persons from whom such records may be obtained.
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1 (Source: P.A. 83-1013.)
2 (5 ILCS 140/5) (from Ch. 116, par. 205)
3 Sec. 5. As to public records prepared or received after
4 the effective date of this Act, each public body shall
5 maintain and make available for inspection and copying a
6 reasonably current list of all types or categories of records
7 under its control. The list shall be reasonably detailed in
8 order to aid persons in obtaining access to public records
9 pursuant to this Act. Each public body shall furnish upon
10 request a description of the manner in which public records
11 stored by means of electronic data processing may be obtained
12 either electronically or in a form comprehensible to persons
13 lacking knowledge of computer language or printout format.
14 (Source: P.A. 83-1013.)
15 (5 ILCS 140/6) (from Ch. 116, par. 206)
16 Sec. 6. (a) Each public body may charge fees reasonably
17 calculated to reimburse its actual cost for reproducing or
18 electronically transferring and certifying public records and
19 for the use, by any person, of the equipment of the public
20 body to copy records. Such fees shall exclude the costs of
21 any search for and review of the record, and shall not exceed
22 the actual cost of reproduction or electronic transfer and
23 certification, unless otherwise provided by State statute.
24 Such fees shall be imposed according to a standard scale of
25 fees, established and made public by the body imposing them.
26 (b) Documents shall be furnished without charge or at a
27 reduced charge, as determined by the public body, if the
28 person requesting the documents states the specific purpose
29 for the request and indicates that a waiver or reduction of
30 the fee is in the public interest. Waiver or reduction of
31 the fee is in the public interest if the principal purpose of
32 the request is to access and disseminate information
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1 regarding the health, safety and welfare or the legal rights
2 of the general public and is not for the principal purpose of
3 personal or commercial benefit. In setting the amount of the
4 waiver or reduction, the public body may take into
5 consideration the amount of materials requested and the cost
6 of copying them.
7 (c) The purposeful imposition of a fee not consistent
8 with subsections (6)(a) and (b) of this Act shall be
9 considered a denial of access to public records for the
10 purposes of judicial review.
11 (d) The fee for an abstract of a driver's record shall
12 be as provided in Section 6-118 of the "The Illinois Vehicle
13 Code", approved September 29, 1969, as amended.
14 (e) Any public body providing access to public records
15 by remote electronic means may charge a fee for remote
16 electronic access, including charges incurred by the body for
17 permitting the remote access. The fee may include all direct
18 costs of providing the access and the direct cost of
19 reprogramming or reformatting public records stored by means
20 of electronic data processing.
21 (Source: P.A. 85-1357.)
22 (5 ILCS 140/7) (from Ch. 116, par. 207)
23 Sec. 7. Exemptions.
24 (1) The following shall be exempt from inspection and
25 copying:
26 (a) Information specifically prohibited from
27 disclosure by federal or State law or rules and
28 regulations adopted under federal or State law.
29 (b) Information that, if disclosed, would
30 constitute a clearly unwarranted invasion of personal
31 privacy, unless the disclosure is consented to in writing
32 by the individual subjects of the information. The
33 disclosure of information that bears on the public duties
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1 of public employees and officials shall not be considered
2 an invasion of personal privacy. Information exempted
3 under this subsection (b) shall include but is not
4 limited to:
5 (i) files and personal information maintained
6 with respect to clients, patients, residents,
7 students or other individuals receiving social,
8 medical, educational, vocational, financial,
9 supervisory or custodial care or services directly
10 or indirectly from federal agencies or public
11 bodies;
12 (ii) personnel files and personal information
13 maintained with respect to employees, appointees or
14 elected officials of any public body or applicants
15 for those positions;
16 (iii) files and personal information
17 maintained with respect to any applicant, registrant
18 or licensee by any public body cooperating with or
19 engaged in professional or occupational
20 registration, licensure or discipline;
21 (iv) information required of any taxpayer in
22 connection with the assessment or collection of any
23 tax unless disclosure is otherwise required by State
24 statute; and
25 (v) information revealing the identity of
26 persons who file complaints with or provide
27 information to administrative, investigative, law
28 enforcement or penal agencies; provided, however,
29 that identification of witnesses to traffic
30 accidents, traffic accident reports, and rescue
31 reports may be provided by agencies of local
32 government, except in a case for which a criminal
33 investigation is ongoing, without constituting a
34 clearly unwarranted per se invasion of personal
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1 privacy under this subsection.
2 (c) Records compiled by any public body for
3 administrative enforcement proceedings and any law
4 enforcement or correctional agency for law enforcement
5 purposes or for internal matters of a public body, but
6 only to the extent that disclosure would:
7 (i) interfere with pending or actually and
8 reasonably contemplated law enforcement proceedings
9 conducted by any law enforcement or correctional
10 agency;
11 (ii) interfere with pending administrative
12 enforcement proceedings conducted by any public
13 body;
14 (iii) deprive a person of a fair trial or an
15 impartial hearing;
16 (iv) unavoidably disclose the identity of a
17 confidential source or confidential information
18 furnished only by the confidential source;
19 (v) disclose unique or specialized
20 investigative techniques other than those generally
21 used and known or disclose internal documents of
22 correctional agencies related to detection,
23 observation or investigation of incidents of crime
24 or misconduct;
25 (vi) constitute an invasion of personal
26 privacy under subsection (b) of this Section;
27 (vii) endanger the life or physical safety of
28 law enforcement personnel or any other person; or
29 (viii) obstruct an ongoing criminal
30 investigation.
31 (d) Criminal history record information maintained
32 by State or local criminal justice agencies, except the
33 following which shall be open for public inspection and
34 copying:
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1 (i) chronologically maintained arrest
2 information, such as traditional arrest logs or
3 blotters;
4 (ii) the name of a person in the custody of a
5 law enforcement agency and the charges for which
6 that person is being held;
7 (iii) court records that are public;
8 (iv) records that are otherwise available
9 under State or local law; or
10 (v) records in which the requesting party is
11 the individual identified, except as provided under
12 part (vii) of paragraph (c) of subsection (1) of
13 this Section.
14 "Criminal history record information" means data
15 identifiable to an individual and consisting of
16 descriptions or notations of arrests, detentions,
17 indictments, informations, pre-trial proceedings, trials,
18 or other formal events in the criminal justice system or
19 descriptions or notations of criminal charges (including
20 criminal violations of local municipal ordinances) and
21 the nature of any disposition arising therefrom,
22 including sentencing, court or correctional supervision,
23 rehabilitation and release. The term does not apply to
24 statistical records and reports in which individuals are
25 not identified and from which their identities are not
26 ascertainable, or to information that is for criminal
27 investigative or intelligence purposes.
28 (e) Records that relate to or affect the security
29 of correctional institutions and detention facilities.
30 (f) Preliminary drafts, notes, recommendations,
31 memoranda, electronic mail, and other records in which
32 opinions are expressed, or policies or actions are
33 formulated, except that a specific record or relevant
34 portion of a record shall not be exempt when the record
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1 is publicly cited and identified by the head of the
2 public body. The exemption provided in this paragraph (f)
3 extends to all those records of officers and agencies of
4 the General Assembly that pertain to the preparation of
5 legislative documents.
6 (g) Trade secrets and commercial or financial
7 information obtained from a person or business where the
8 trade secrets or information are proprietary, privileged
9 or confidential, or where disclosure of the trade secrets
10 or information may cause competitive harm, including all
11 information determined to be confidential under Section
12 4002 of the Technology Advancement and Development Act.
13 Nothing contained in this paragraph (g) shall be
14 construed to prevent a person or business from consenting
15 to disclosure.
16 (h) Proposals and bids for any contract, grant, or
17 agreement, including information which if it were
18 disclosed would frustrate procurement or give an
19 advantage to any person proposing to enter into a
20 contractor agreement with the body, until an award or
21 final selection is made. Information prepared by or for
22 the body in preparation of a bid solicitation shall be
23 exempt until an award or final selection is made.
24 (i) Valuable formulae, designs, drawings and
25 research data obtained or produced by any public body
26 when disclosure could reasonably be expected to produce
27 private gain or public loss.
28 (j) Test questions, scoring keys and other
29 examination data used to administer an academic
30 examination or determined the qualifications of an
31 applicant for a license or employment.
32 (k) Architects' plans and engineers' technical
33 submissions for projects not constructed or developed in
34 whole or in part with public funds and for projects
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1 constructed or developed with public funds, to the extent
2 that disclosure would compromise security.
3 (l) Library circulation and order records
4 identifying library users with specific materials.
5 (m) Minutes of meetings of public bodies closed to
6 the public as provided in the Open Meetings Act until the
7 public body makes the minutes available to the public
8 under Section 2.06 of the Open Meetings Act.
9 (n) Communications between a public body and an
10 attorney or auditor representing the public body that
11 would not be subject to discovery in litigation, and
12 materials prepared or compiled by or for a public body in
13 anticipation of a criminal, civil or administrative
14 proceeding upon the request of an attorney advising the
15 public body, and materials prepared or compiled with
16 respect to internal audits of public bodies.
17 (o) Information received by a primary or secondary
18 school, college or university under its procedures for
19 the evaluation of faculty members by their academic
20 peers.
21 (p) Administrative or technical information
22 associated with automated data processing operations,
23 including but not limited to software, operating
24 protocols, computer program abstracts, file layouts,
25 source listings, object modules, load modules, user
26 guides, documentation pertaining to all logical and
27 physical design of computerized systems, employee
28 manuals, and any other information that, if disclosed,
29 would jeopardize the security of the system or its data
30 or the security of materials exempt under this Section.
31 (q) Documents or materials relating to collective
32 negotiating matters between public bodies and their
33 employees or representatives, except that any final
34 contract or agreement shall be subject to inspection and
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1 copying.
2 (r) Drafts, notes, recommendations and memoranda
3 pertaining to the financing and marketing transactions of
4 the public body. The records of ownership, registration,
5 transfer, and exchange of municipal debt obligations, and
6 of persons to whom payment with respect to these
7 obligations is made.
8 (s) The records, documents and information relating
9 to real estate purchase negotiations until those
10 negotiations have been completed or otherwise terminated.
11 With regard to a parcel involved in a pending or actually
12 and reasonably contemplated eminent domain proceeding
13 under Article VII of the Code of Civil Procedure,
14 records, documents and information relating to that
15 parcel shall be exempt except as may be allowed under
16 discovery rules adopted by the Illinois Supreme Court.
17 The records, documents and information relating to a real
18 estate sale shall be exempt until a sale is consummated.
19 (t) Any and all proprietary information and records
20 related to the operation of an intergovernmental risk
21 management association or self-insurance pool or jointly
22 self-administered health and accident cooperative or
23 pool.
24 (u) Information concerning a university's
25 adjudication of student or employee grievance or
26 disciplinary cases, to the extent that disclosure would
27 reveal the identity of the student or employee and
28 information concerning any public body's adjudication of
29 student or employee grievances or disciplinary cases,
30 except for the final outcome of the cases.
31 (v) Course materials or research materials used by
32 faculty members.
33 (w) Information related solely to the internal
34 personnel rules and practices of a public body.
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1 (x) Information contained in or related to
2 examination, operating, or condition reports prepared by,
3 on behalf of, or for the use of a public body responsible
4 for the regulation or supervision of financial
5 institutions or insurance companies, unless disclosure is
6 otherwise required by State law.
7 (y) Information the disclosure of which is
8 restricted under Section 5-108 of the Public Utilities
9 Act.
10 (z) Manuals or instruction to staff that relate to
11 establishment or collection of liability for any State
12 tax or that relate to investigations by a public body to
13 determine violation of any criminal law.
14 (aa) Applications, related documents, and medical
15 records received by the Experimental Organ
16 Transplantation Procedures Board and any and all
17 documents or other records prepared by the Experimental
18 Organ Transplantation Procedures Board or its staff
19 relating to applications it has received.
20 (bb) Insurance or self insurance (including any
21 intergovernmental risk management association or self
22 insurance pool) claims, loss or risk management
23 information, records, data, advice or communications.
24 (cc) Information and records held by the Department
25 of Public Health and its authorized representatives
26 relating to known or suspected cases of sexually
27 transmissible disease or any information the disclosure
28 of which is restricted under the Illinois Sexually
29 Transmissible Disease Control Act.
30 (dd) Information the disclosure of which is
31 exempted under Section 7 of the Radon Mitigation Act.
32 (ee) Firm performance evaluations under Section 55
33 of the Architectural, Engineering, and Land Surveying
34 Qualifications Based Selection Act.
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1 (2) This Section does not authorize withholding of
2 information or limit the availability of records to the
3 public, except as stated in this Section or otherwise
4 provided in this Act.
5 (Source: P.A. 87-241; 87-673; 87-895; 88-444.)".