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92_HB0524ham002 LRB9202743TApcam01 1 AMENDMENT TO HOUSE BILL 524 2 AMENDMENT NO. . Amend House Bill 524, by replacing 3 everything after the enacting clause with the following: 4 "Section 1. Short title. This Act may be cited as the 5 Agriculture Producer Protection Act. 6 Section 5. Definitions. As used in this Act, unless the 7 context otherwise requires: 8 "Capital investment" means a purchase of any of the 9 following: 10 (1) A structure associated with producing a 11 commodity, including, but not limited to, a swine 12 farrowing building, a grain storage facility, or a manure 13 storage lagoon. 14 (2) Machinery or equipment associated with 15 producing a commodity, if the machinery or equipment has 16 a useful life in excess of one year. 17 "Commodity" means livestock, raw milk, or a crop. 18 "Contractor" means a person who enters into a production 19 contract with a producer for the production by the producer 20 of commodities in this State. 21 "Crop" means a plant used for food, animal feed, fiber, 22 oil, pharmaceuticals, nutriceuticals, or seed, including, but -2- LRB9202743TApcam01 1 not limited to, alfalfa, barley, buckwheat, corn, flax, 2 forage, millet, oats, popcorn, rye, sorghum, sunflowers, 3 tobacco, wheat, and grasses used for forage or silage. 4 "Department" means the Department of Agriculture. 5 "Director" means the Director of Agriculture. 6 "Investment requirement" means any capital investment 7 made by a producer to produce a commodity in accordance with 8 a production contract that the producer has executed if (i) 9 the production contract specifically requires that capital 10 investment or (ii) the producer reasonably concludes that 11 investment is either necessary or important in enabling the 12 producer to efficiently and effectively produce the commodity 13 required under the production contract. 14 "Livestock" means beef cattle, dairy cattle, poultry, 15 sheep, or swine. 16 "Produce" means to do any of the following: 17 (1) Provide feed or services relating to the care 18 and feeding of livestock. If the livestock is dairy 19 cattle, then "produce" includes milking the dairy cattle 20 and storing raw milk. 21 (2) Provide for planting, raising, harvesting, or 22 storing a crop. "Produce" includes preparing the soil for 23 planting and nurturing the crop by application of 24 fertilizers or soil conditioners, including those 25 substances regulated under the Illinois Fertilizer Act of 26 1961 or pesticides as defined in the Illinois Pesticide 27 Act. 28 "Producer" means a person who has entered into a 29 production contract whereby that person produces a commodity 30 for a contractor. "Producer" does not mean a commercial 31 fertilizer applicator or pesticide applicator, a feed 32 supplier, or a veterinarian when acting in that capacity. 33 "Production contract" means (1) an agreement between a 34 producer and a contractor in which (i) the producer agrees to -3- LRB9202743TApcam01 1 produce and sell to the contractor or the contractor's 2 designee an identified commodity or commodities and (ii) the 3 contractor has or exercises some control or direction over 4 the production process; or (2) an agreement between a 5 producer and a contractor in which the producer agrees to 6 care for and raise a commodity or commodities that are not 7 owned by the producer, using land, equipment, or facilities 8 owned or leased by the producer, in exchange for payment. For 9 purposes of this definition, "control or direction over the 10 production process" includes, but is not limited to, the 11 contractor's designation of special commodity 12 characteristics, such as oil content for corn or special 13 genetics for livestock; the contractor's designation of a 14 seed variety or varieties to be used by the producer under 15 the contract; or the contractor's right, or that of his or 16 her designee, to review, check, sample, or analyze the 17 commodity during the production process. 18 Section 10. Written production contracts. All production 19 contracts must be in writing. 20 Section 15. Summary of material terms and conditions. 21 (a) Summary sheet. A production contract entered into, 22 amended, or renewed after the effective date of this Act must 23 contain as the first page, or as the first page of text if it 24 is preceded by a title page or pages, a summary sheet as 25 provided in this Section. The summary sheet shall have the 26 following heading: "SUMMARY OF MATERIAL TERMS AND 27 CONDITIONS". It shall list the material terms and conditions 28 of the production contract; provide a summary explanation of 29 each material term and condition; include an example or 30 examples for those provisions relating to the calculation of 31 the amounts to be received by the producer for the commodity 32 produced under the production contract; and designate the -4- LRB9202743TApcam01 1 page or pages where these material terms and conditions are 2 found within the text of the document. This summary shall 3 meet the readability requirements of this Section and shall 4 accurately reflect the text of the production contract. 5 In this Section, "material terms and conditions" 6 includes, but is not limited to: 7 (1) the type of commodity to be produced; 8 (2) the particular quality characteristics or 9 specifications for the commodity to be produced, 10 including, but not limited to, the type of genetics for 11 livestock or percentage of non-GMO content for grain; 12 (3) the quantity or acreage of the commodity to be 13 produced; 14 (4) any special production or handling requirements 15 for the commodity, including, but not limited to, disease 16 protocols for livestock and segregation or identity 17 preservation for grain; 18 (5) the time or times for delivery of the 19 commodity; 20 (6) the delivery locations for the commodity; 21 (7) provisions for the calculation of the price or 22 other compensation to be received by the producer under 23 the production contract; 24 (8) the circumstances under which the amount to be 25 received by the producer might be discounted or 26 increased; 27 (9) the circumstances under which the commodity 28 produced under the production contract might be rejected 29 by the contractor; 30 (10) the duration of the production contact, 31 including any renewal provisions; and 32 (11) any cancellation or termination clauses, and 33 specific causes for cancellation and termination. 34 (b) Readability. A production contract must (i) be in a -5- LRB9202743TApcam01 1 typeface at least as large as 10-point modern, one-point 2 leaded; (ii) be divided and captioned by its various 3 sections; (iii) be written in clear and coherent language; 4 (iv) use words and grammar that are understandable by a 5 person of average intelligence, education, and experience 6 within the industry; and (v) use clear definitions. 7 (c) Review by Director of Agriculture. 8 (1) Process of review. A contractor may submit a 9 production contract to the Director for review to 10 determine whether it complies with this Section. The 11 Director shall do one of the following: 12 (A) certify that the production contract 13 complies with this Section; 14 (B) decline to certify that the production 15 contract complies with this Section and note 16 objections; 17 (C) decline to review the production contract 18 because the contract's compliance with this Section 19 is subject to pending litigation; or 20 (D) decline to review the production contract 21 because it is not subject to this Section. 22 (2) Factors to consider in determining readability. 23 In determining whether a production contract is readable 24 within the meaning of subsection (b), the Director shall 25 consider the provisions of subsection (b) and the 26 following: 27 (A) the simplicity of the sentence structure; 28 (B) the extent to which commonly used and 29 understood words and terms are employed; 30 (C) the extent to which esoteric legal terms 31 are avoided, although the Director shall permit the 32 use of particular words, phrases, provisions, or 33 forms of agreement specifically required, 34 recommended, or endorsed by a state or federal -6- LRB9202743TApcam01 1 statute, rule, regulation, or case law; 2 (D) the extent to which references to other 3 sections or provisions are minimized; 4 (E) the extent to which clear and easily 5 understood definitions are used; and 6 (F) any additional factors deemed by the 7 Director to be relevant to the readability or 8 understandability of the production contract. 9 (3) Actions of the Director under this Section are 10 subject to judicial review under the provisions of the 11 Administrative Review Law. 12 (4) Limited effect of certification. A production 13 contract certified under this subsection is deemed to 14 comply with subsections (a) and (b). Certification of a 15 production contract under this subsection does not 16 constitute approval of the production contract's legality 17 or legal effect. If the Director certifies a production 18 contract, then the contractor will have complied with 19 subsections (a) and (b), and the remedies stated in 20 paragraph (6) are not available. If, during the first 90 21 days after the effective date of this Act, the Director 22 receives a production contract and fails to respond 23 within 60 days after receipt, then the contractor will 24 have complied with subsections (a) and (b), and the 25 remedies stated in subsection (6) are not available. If, 26 after the first 90 days after the effective date of this 27 Act, the Director receives a production contract and 28 fails to respond within 30 days after receipt, then the 29 contractor will have complied with subsections (a) and 30 (b), and the remedies stated in paragraph (6) are not 31 available. 32 (5) Review not required. Failure to submit a 33 production contract to the Director for review under this 34 subsection does not show a lack of good faith or raise a -7- LRB9202743TApcam01 1 presumption that the production contract violates this 2 Section. 3 (6) Reformation by court. 4 (A) Change terms. In addition to the remedies 5 provided in Section 45, a court reviewing a 6 production contract may change the terms of the 7 production contract or limit a provision to avoid an 8 unfair result if the court finds all of the 9 following: 10 (i) a material provision of the 11 production contract violates subsection (a) or 12 (b); 13 (ii) the violation caused the producer to 14 be substantially confused about any of the 15 rights, obligations, or remedies of the 16 production contract; and 17 (iii) the violation has caused or is 18 likely to cause financial detriment to the 19 producer. 20 (B) Avoid unjust enrichment. If the court 21 reforms or limits a provision of a production 22 contract, the court shall also make orders necessary 23 to avoid unjust enrichment. Bringing a claim for 24 relief under this paragraph does not entitle a 25 producer to withhold performance of an otherwise 26 valid contractual obligation. No relief may be 27 granted under this paragraph unless the claim is 28 brought before the obligations of the production 29 contract have been fully performed by all parties to 30 the production contract. 31 (7) Limits on producer actions. A producer may 32 recover actual damages caused by a violation of this 33 Section only if the violation caused the producer to not 34 fully understand the rights, obligations, or remedies of -8- LRB9202743TApcam01 1 the production contract. 2 (8) Statute of limitations. A claim that a 3 production contract violates this Section must be raised 4 within 4 years after the date on which the party alleging 5 the violation knew or should have known of the existence 6 of the violation. 7 Section 20. Limitation on application of confidentiality 8 provisions. After the effective date of this Act, no 9 confidentiality provision of a production contract shall 10 prohibit, or be construed or interpreted to prohibit, a 11 producer from discussing any and all terms and details of a 12 production contract with the producer's legal advisor, 13 lender, accountant, financial advisor, business advisor, 14 immediate family members, or actual or anticipated production 15 association colleagues. This Section does not require a 16 party to a production contract to divulge information in the 17 production contract to another person. 18 Section 25. Investment requirements. 19 (a) Applicability. This Section applies to all 20 production contracts that have investment requirements. The 21 value of the capital investments shall be deemed to be the 22 total dollar amount spent or committed to by the producer in 23 satisfying the investment requirements. 24 (b) Breach. Except as provided in subsection (c), if a 25 producer materially breaches a production contract, a 26 contractor may not terminate or cancel the production 27 contract until the following have occurred: 28 (1) The contractor has provided a written notice of 29 termination or cancellation to the producer that has been 30 received by the producer at least 15 days before the 31 effective date of the termination or cancellation; the 32 notice must provide a comprehensive listing of the causes -9- LRB9202743TApcam01 1 for the material breach. 2 (2) The producer has failed to remedy each cause of 3 the breach, as alleged in the listing provided in the 4 notice, within 15 days following receipt of the notice. 5 An effort by a producer to remedy a cause of an alleged 6 breach shall not be construed as an admission of a breach 7 in a civil cause of action. 8 (c) Exceptions. A contractor may terminate or cancel a 9 production contract without regard to the provisions of 10 subsection (b) if the basis for the termination or 11 cancellation is either of the following: 12 (1) A voluntary abandonment of the contractual 13 relationship by the producer. A complete failure of a 14 producer's performance under a production contract shall 15 be deemed to be abandonment. 16 (2) The conviction of a producer of an offense of 17 fraud or theft committed against the contractor. 18 (d) Penalty. If a contractor terminates or cancels a 19 production contract other than as provided in this Section, 20 the contractor shall pay the producer the value of the 21 remaining useful life of the capital investments, taking into 22 account the producer's ability to use the capital investments 23 in the producer's other business enterprises and the 24 opportunity to recoup the cost of the capital investments by 25 selling or leasing them, plus any other damages allowed by 26 law. 27 Section 30. Unfair practices. 28 (a) Definitions. As used in this Section: 29 (1) "Contract input" means a commodity or an 30 organic or synthetic substance or compound that is used 31 to produce a commodity, including but not limited to any 32 of the following: 33 (A) Livestock or plants. -10- LRB9202743TApcam01 1 (B) Agricultural seeds. 2 (C) Semen or eggs for breeding livestock. 3 (D) Fertilizer, pesticides, or petroleum 4 products. 5 (2) "Producer right" means one of the following 6 legal rights and protections: 7 (A) Right to join association. The right of a 8 producer to join or belong to, or to refrain from 9 joining or belonging to, an association of 10 producers. 11 (B) Right to contract. The right of a producer 12 to enter into a membership agreement or marketing 13 contract with an association of producers, a 14 processor, or another producer and the right of the 15 producer to exercise contractual rights under such a 16 membership agreement or marketing contract. 17 (C) Right to be a whistleblower. The right of 18 a producer to lawfully provide statements or 19 information, including to the United States 20 Secretary of Agriculture or to a law enforcement 21 agency, regarding alleged improper actions or 22 violations of law by a contractor or processor. This 23 right does not include the right to make statements 24 or provide information if the statements or 25 information are determined to be libelous or 26 slanderous. 27 (D) Right to disclose contractual terms. The 28 right of a producer to disclose the terms of 29 agricultural contracts under Section 20. 30 (E) Right to exercise other protections. The 31 right of a producer to enforce other protections 32 afforded by this Act or other laws or regulations. 33 (b) Unfair practices. It shall be unlawful for any 34 contractor to knowingly do or permit any employee or agent to -11- LRB9202743TApcam01 1 do any of the following in connection with production 2 contracts: 3 (1) Retaliation. To take actions to coerce, 4 intimidate, disadvantage, retaliate against, or 5 discriminate against any producer because the producer 6 exercises, or attempts to exercise, any producer right, 7 or to diminish or deny a reward, or impose a penalty, 8 without a reasonable basis for doing so. 9 (2) False information. To provide false information 10 to the producer, which may include false information 11 relating to any of the following: 12 (A) A producer with whom the producer 13 associates or an association of producers or an 14 agricultural organization with which the producer is 15 affiliated, including but not limited to (i) the 16 character of the producer or (ii) the condition of 17 the finances or the management of the association of 18 producers or agricultural organization. 19 (B) Producer rights provided by this Act or 20 other provisions of law. 21 (3) Compensation information. To refuse to provide 22 to a producer in a timely manner the statistical data and 23 other data used to determine compensation paid to the 24 producer under a production contract, including, but not 25 limited to, feed conversion rates, feed analyses, and 26 origination and breeder history. 27 (4) Observation of weighing. To refuse to allow a 28 producer or the producer's designated representative to 29 observe, at the time of weighing, the weights and 30 measures used to determine the producer's compensation 31 under a production contract. 32 (5) Additional capital investments. To require a 33 producer to make new or additional capital investments 34 that are beyond the investment requirements of a -12- LRB9202743TApcam01 1 production contract. 2 (6) Disclosure of risks and readability. To 3 provide, offer, or execute a production contract in 4 violation of the disclosure of material terms and 5 conditions and readability requirements of Section 15. 6 (7) Confidentiality provisions. To provide, offer, 7 or execute a production contract that includes a 8 confidentiality provision in violation of Section 20. 9 (8) Waivers. To provide, offer, or execute a 10 production contract that includes a waiver of any 11 producer right or any obligation of a contractor or 12 processor established under this Act. 13 (9) Forum. To execute an production contract 14 requiring a cause of action to be brought in a location 15 other than the state in which the commodity subject to 16 the production contract is grown or produced. 17 (10) Limitation on damages. To provide, offer, or 18 execute a production contract that contains language 19 limiting the producer's damages in the event of a breach 20 or other failure to perform the production contract by 21 the contractor. 22 (11) Contract inputs. To provide, offer, or execute 23 a production contract in which the contractor requires 24 the use of certain contract inputs but also attempts to 25 limit its liability for a failure of the contract inputs 26 to perform in accordance with the producer's reasonable 27 expectations. 28 (12) Use of certain undefined terms. To provide, 29 offer, or execute a production contract requiring or 30 suggesting that the producer "segregate", "identity 31 preserve", or "channel" the commodity, or using 32 variations or derivatives of these terms, without 33 providing definitions of these terms and guidelines 34 describing how producers should satisfy these -13- LRB9202743TApcam01 1 requirements. 2 (13) Alter the quality, quantity, or delivery times 3 of contract inputs provided to the producer. 4 Section 35. Waivers unenforceable. Any provision of a 5 production contract that waives a producer right or an 6 obligation of a contractor established by this Act is void 7 and unenforceable. This Section does not affect other 8 provisions of a production contract or a related document, 9 policy, or agreement that can be given effect without the 10 voided provision. 11 Section 40. Choice of law; forum. Any condition, 12 stipulation, or provision requiring the application of the 13 law of a state other than the State of Illinois, or requiring 14 a cause of action to be brought in a state other than the 15 State of Illinois, is void and unenforceable. 16 Section 45. Penalties and enforcement. 17 (a) Civil penalties. A contractor committing an unfair 18 practice under Section 30 is subject to a civil penalty of up 19 to $1000 per violation per day. 20 (b) Criminal penalties. A contractor committing an 21 unfair practice under Section 30 is guilty of a Class C 22 misdemeanor. 23 (c) Private cause of action. A producer who suffers 24 damages because of a contractor's violation of this Act may 25 bring a private civil action against the contractor and 26 obtain appropriate legal and equitable relief, including 27 damages. 28 (1) Attorneys fees. In a civil action against the 29 contractor, the court shall award any producer who is the 30 prevailing party reasonable attorney fees and other 31 litigation expenses. -14- LRB9202743TApcam01 1 (2) Injunctive relief. In order to obtain 2 injunctive relief, the producer is not required to post a 3 bond, prove the absence of an adequate remedy at law, or 4 show the existence of special circumstances, unless the 5 court for good cause otherwise orders. The court may 6 order any form of prohibitory or mandatory relief that is 7 appropriate under principles of equity, including but not 8 limited to issuing a temporary or permanent restraining 9 order. 10 (d) Enforcement by Attorney General. The Attorney 11 General's office is the agency primarily responsible for 12 enforcing this Act. In enforcing the provisions of this Act, 13 the Attorney General may do all of the following: 14 (1) Injunctions. Apply to the circuit court for an 15 injunction to do any of the following: 16 (A) Restrain a contractor from engaging in 17 conduct or practices in violation of this Act. 18 (B) Require a contractor to comply with a 19 provision of this Act. 20 (2) Subpoenas. Apply to the circuit court for the 21 issuance of a subpoena to obtain a production contract or 22 material related to actions undertaken in entering into 23 the production contract or related to the intent with 24 which those actions were taken, for purposes of enforcing 25 this Act. 26 (3) Penalties. Bring an action in the circuit court 27 to enforce penalties provided in subsections (a) and (b). 28 Section 50. Rulemaking. The Director must adopt rules 29 necessary to implement this Act not later than January 1, 30 2002. 31 Section 55. Applicability 32 (a) General Rule. Except as provided in subsection (b), -15- LRB9202743TApcam01 1 this Act applies to production contracts in force on or after 2 the effective date of this Act, regardless of the date the 3 production contract is executed. 4 (b) Exceptions. Section 15, relating to disclosure of 5 material terms and conditions, Section 25, relating to 6 production contracts involving investment requirements, and 7 Section 40, relating to choice of law and forum, shall apply 8 to production contracts executed or substantively amended 9 after the effective date of this Act. 10 Section 90. The Freedom of Information Act is amended by 11 changing Section 7 as follows: 12 (5 ILCS 140/7) (from Ch. 116, par. 207) 13 Sec. 7. Exemptions. 14 (1) The following shall be exempt from inspection and 15 copying: 16 (a) Information specifically prohibited from 17 disclosure by federal or State law or rules and 18 regulations adopted under federal or State law. 19 (b) Information that, if disclosed, would 20 constitute a clearly unwarranted invasion of personal 21 privacy, unless the disclosure is consented to in writing 22 by the individual subjects of the information. The 23 disclosure of information that bears on the public duties 24 of public employees and officials shall not be considered 25 an invasion of personal privacy. Information exempted 26 under this subsection (b) shall include but is not 27 limited to: 28 (i) files and personal information maintained 29 with respect to clients, patients, residents, 30 students or other individuals receiving social, 31 medical, educational, vocational, financial, 32 supervisory or custodial care or services directly -16- LRB9202743TApcam01 1 or indirectly from federal agencies or public 2 bodies; 3 (ii) personnel files and personal information 4 maintained with respect to employees, appointees or 5 elected officials of any public body or applicants 6 for those positions; 7 (iii) files and personal information 8 maintained with respect to any applicant, registrant 9 or licensee by any public body cooperating with or 10 engaged in professional or occupational 11 registration, licensure or discipline; 12 (iv) information required of any taxpayer in 13 connection with the assessment or collection of any 14 tax unless disclosure is otherwise required by State 15 statute; and 16 (v) information revealing the identity of 17 persons who file complaints with or provide 18 information to administrative, investigative, law 19 enforcement or penal agencies; provided, however, 20 that identification of witnesses to traffic 21 accidents, traffic accident reports, and rescue 22 reports may be provided by agencies of local 23 government, except in a case for which a criminal 24 investigation is ongoing, without constituting a 25 clearly unwarranted per se invasion of personal 26 privacy under this subsection. 27 (c) Records compiled by any public body for 28 administrative enforcement proceedings and any law 29 enforcement or correctional agency for law enforcement 30 purposes or for internal matters of a public body, but 31 only to the extent that disclosure would: 32 (i) interfere with pending or actually and 33 reasonably contemplated law enforcement proceedings 34 conducted by any law enforcement or correctional -17- LRB9202743TApcam01 1 agency; 2 (ii) interfere with pending administrative 3 enforcement proceedings conducted by any public 4 body; 5 (iii) deprive a person of a fair trial or an 6 impartial hearing; 7 (iv) unavoidably disclose the identity of a 8 confidential source or confidential information 9 furnished only by the confidential source; 10 (v) disclose unique or specialized 11 investigative techniques other than those generally 12 used and known or disclose internal documents of 13 correctional agencies related to detection, 14 observation or investigation of incidents of crime 15 or misconduct; 16 (vi) constitute an invasion of personal 17 privacy under subsection (b) of this Section; 18 (vii) endanger the life or physical safety of 19 law enforcement personnel or any other person; or 20 (viii) obstruct an ongoing criminal 21 investigation. 22 (d) Criminal history record information maintained 23 by State or local criminal justice agencies, except the 24 following which shall be open for public inspection and 25 copying: 26 (i) chronologically maintained arrest 27 information, such as traditional arrest logs or 28 blotters; 29 (ii) the name of a person in the custody of a 30 law enforcement agency and the charges for which 31 that person is being held; 32 (iii) court records that are public; 33 (iv) records that are otherwise available 34 under State or local law; or -18- LRB9202743TApcam01 1 (v) records in which the requesting party is 2 the individual identified, except as provided under 3 part (vii) of paragraph (c) of subsection (1) of 4 this Section. 5 "Criminal history record information" means data 6 identifiable to an individual and consisting of 7 descriptions or notations of arrests, detentions, 8 indictments, informations, pre-trial proceedings, trials, 9 or other formal events in the criminal justice system or 10 descriptions or notations of criminal charges (including 11 criminal violations of local municipal ordinances) and 12 the nature of any disposition arising therefrom, 13 including sentencing, court or correctional supervision, 14 rehabilitation and release. The term does not apply to 15 statistical records and reports in which individuals are 16 not identified and from which their identities are not 17 ascertainable, or to information that is for criminal 18 investigative or intelligence purposes. 19 (e) Records that relate to or affect the security 20 of correctional institutions and detention facilities. 21 (f) Preliminary drafts, notes, recommendations, 22 memoranda and other records in which opinions are 23 expressed, or policies or actions are formulated, except 24 that a specific record or relevant portion of a record 25 shall not be exempt when the record is publicly cited and 26 identified by the head of the public body. The exemption 27 provided in this paragraph (f) extends to all those 28 records of officers and agencies of the General Assembly 29 that pertain to the preparation of legislative documents. 30 (g) Trade secrets and commercial or financial 31 information obtained from a person or business where the 32 trade secrets or information are proprietary, privileged 33 or confidential, or where disclosure of the trade secrets 34 or information may cause competitive harm, including all -19- LRB9202743TApcam01 1 information determined to be confidential under Section 2 4002 of the Technology Advancement and Development Act. 3 Nothing contained in this paragraph (g) shall be 4 construed to prevent a person or business from consenting 5 to disclosure. 6 (h) Proposals and bids for any contract, grant, or 7 agreement, including information which if it were 8 disclosed would frustrate procurement or give an 9 advantage to any person proposing to enter into a 10 contractor agreement with the body, until an award or 11 final selection is made. Information prepared by or for 12 the body in preparation of a bid solicitation shall be 13 exempt until an award or final selection is made. 14 (i) Valuable formulae, designs, drawings and 15 research data obtained or produced by any public body 16 when disclosure could reasonably be expected to produce 17 private gain or public loss. 18 (j) Test questions, scoring keys and other 19 examination data used to administer an academic 20 examination or determined the qualifications of an 21 applicant for a license or employment. 22 (k) Architects' plans and engineers' technical 23 submissions for projects not constructed or developed in 24 whole or in part with public funds and for projects 25 constructed or developed with public funds, to the extent 26 that disclosure would compromise security. 27 (l) Library circulation and order records 28 identifying library users with specific materials. 29 (m) Minutes of meetings of public bodies closed to 30 the public as provided in the Open Meetings Act until the 31 public body makes the minutes available to the public 32 under Section 2.06 of the Open Meetings Act. 33 (n) Communications between a public body and an 34 attorney or auditor representing the public body that -20- LRB9202743TApcam01 1 would not be subject to discovery in litigation, and 2 materials prepared or compiled by or for a public body in 3 anticipation of a criminal, civil or administrative 4 proceeding upon the request of an attorney advising the 5 public body, and materials prepared or compiled with 6 respect to internal audits of public bodies. 7 (o) Information received by a primary or secondary 8 school, college or university under its procedures for 9 the evaluation of faculty members by their academic 10 peers. 11 (p) Administrative or technical information 12 associated with automated data processing operations, 13 including but not limited to software, operating 14 protocols, computer program abstracts, file layouts, 15 source listings, object modules, load modules, user 16 guides, documentation pertaining to all logical and 17 physical design of computerized systems, employee 18 manuals, and any other information that, if disclosed, 19 would jeopardize the security of the system or its data 20 or the security of materials exempt under this Section. 21 (q) Documents or materials relating to collective 22 negotiating matters between public bodies and their 23 employees or representatives, except that any final 24 contract or agreement shall be subject to inspection and 25 copying. 26 (r) Drafts, notes, recommendations and memoranda 27 pertaining to the financing and marketing transactions of 28 the public body. The records of ownership, registration, 29 transfer, and exchange of municipal debt obligations, and 30 of persons to whom payment with respect to these 31 obligations is made. 32 (s) The records, documents and information relating 33 to real estate purchase negotiations until those 34 negotiations have been completed or otherwise terminated. -21- LRB9202743TApcam01 1 With regard to a parcel involved in a pending or actually 2 and reasonably contemplated eminent domain proceeding 3 under Article VII of the Code of Civil Procedure, 4 records, documents and information relating to that 5 parcel shall be exempt except as may be allowed under 6 discovery rules adopted by the Illinois Supreme Court. 7 The records, documents and information relating to a real 8 estate sale shall be exempt until a sale is consummated. 9 (t) Any and all proprietary information and records 10 related to the operation of an intergovernmental risk 11 management association or self-insurance pool or jointly 12 self-administered health and accident cooperative or 13 pool. 14 (u) Information concerning a university's 15 adjudication of student or employee grievance or 16 disciplinary cases, to the extent that disclosure would 17 reveal the identity of the student or employee and 18 information concerning any public body's adjudication of 19 student or employee grievances or disciplinary cases, 20 except for the final outcome of the cases. 21 (v) Course materials or research materials used by 22 faculty members. 23 (w) Information related solely to the internal 24 personnel rules and practices of a public body. 25 (x) Information contained in or related to 26 examination, operating, or condition reports prepared by, 27 on behalf of, or for the use of a public body responsible 28 for the regulation or supervision of financial 29 institutions or insurance companies, unless disclosure is 30 otherwise required by State law. 31 (y) Information the disclosure of which is 32 restricted under Section 5-108 of the Public Utilities 33 Act. 34 (z) Manuals or instruction to staff that relate to -22- LRB9202743TApcam01 1 establishment or collection of liability for any State 2 tax or that relate to investigations by a public body to 3 determine violation of any criminal law. 4 (aa) Applications, related documents, and medical 5 records received by the Experimental Organ 6 Transplantation Procedures Board and any and all 7 documents or other records prepared by the Experimental 8 Organ Transplantation Procedures Board or its staff 9 relating to applications it has received. 10 (bb) Insurance or self insurance (including any 11 intergovernmental risk management association or self 12 insurance pool) claims, loss or risk management 13 information, records, data, advice or communications. 14 (cc) Information and records held by the Department 15 of Public Health and its authorized representatives 16 relating to known or suspected cases of sexually 17 transmissible disease or any information the disclosure 18 of which is restricted under the Illinois Sexually 19 Transmissible Disease Control Act. 20 (dd) Information the disclosure of which is 21 exempted under Section 30 of the Radon Industry Licensing 22 Act. 23 (ee) Firm performance evaluations under Section 55 24 of the Architectural, Engineering, and Land Surveying 25 Qualifications Based Selection Act. 26 (ff) Security portions of system safety program 27 plans, investigation reports, surveys, schedules, lists, 28 data, or information compiled, collected, or prepared by 29 or for the Regional Transportation Authority under 30 Section 2.11 of the Regional Transportation Authority Act 31 or the State of Missouri under the Bi-State Transit 32 Safety Act. 33 (gg) Information the disclosure of which is 34 restricted and exempted under Section 50 of the Illinois -23- LRB9202743TApcam01 1 Prepaid Tuition Act. 2 (hh) Information the disclosure of which is 3 exempted under Section 80 of the State Gift Ban Act. 4 (ii) Beginning July 1, 1999, information that would 5 disclose or might lead to the disclosure of secret or 6 confidential information, codes, algorithms, programs, or 7 private keys intended to be used to create electronic or 8 digital signatures under the Electronic Commerce Security 9 Act. 10 (jj) Information contained in a local emergency 11 energy plan submitted to a municipality in accordance 12 with a local emergency energy plan ordinance that is 13 adopted under Section 11-21.5-5 of the Illinois Municipal 14 Code. 15 (kk)(jj)Information and data concerning the 16 distribution of surcharge moneys collected and remitted 17 by wireless carriers under the Wireless Emergency 18 Telephone Safety Act. 19 (ll) Production contracts submitted for review to 20 the Director of Agriculture under Section 15 of the 21 Agriculture Producer Protection Act. 22 (2) This Section does not authorize withholding of 23 information or limit the availability of records to the 24 public, except as stated in this Section or otherwise 25 provided in this Act. 26 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 27 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 28 1-1-99; 90-759, eff. 7-1-99; 91-137, eff. 7-16-99; 91-357, 29 eff. 7-29-99; 91-660, eff. 12-22-99; revised 1-17-00.) 30 Section 99. Effective date. This Section and Section 50 31 take effect upon becoming law. The remainder of this Act 32 takes effect on January 1, 2002.".