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92_HB3209eng HB3209 Engrossed LRB9206713REmg 1 AN ACT concerning freedom of information. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Freedom of Information Act is amended by 5 changing Section 7 as follows: 6 (5 ILCS 140/7) (from Ch. 116, par. 207) 7 Sec. 7. Exemptions. 8 (1) The following shall be exempt from inspection and 9 copying: 10 (a) Information specifically prohibited from 11 disclosure by federal or State law or rules and 12 regulations adopted under federal or State law. 13 (b) Information that, if disclosed, would 14 constitute a clearly unwarranted invasion of personal 15 privacy, unless the disclosure is consented to in writing 16 by the individual subjects of the information. The 17 disclosure of information that bears on the public duties 18 of public employees and officials shall not be considered 19 an invasion of personal privacy. Information exempted 20 under this subsection (b) shall include but is not 21 limited to: 22 (i) files and personal information maintained 23 with respect to clients, patients, residents, 24 students or other individuals receiving social, 25 medical, educational, vocational, financial, 26 supervisory or custodial care or services directly 27 or indirectly from federal agencies or public 28 bodies; 29 (ii) personnel files and personal information 30 maintained with respect to employees, appointees or 31 elected officials of any public body or applicants HB3209 Engrossed -2- LRB9206713REmg 1 for those positions; 2 (iii) files and personal information 3 maintained with respect to any applicant, registrant 4 or licensee by any public body cooperating with or 5 engaged in professional or occupational 6 registration, licensure or discipline; 7 (iv) information required of any taxpayer in 8 connection with the assessment or collection of any 9 tax unless disclosure is otherwise required by State 10 statute; and 11 (v) information revealing the identity of 12 persons who file complaints with or provide 13 information to administrative, investigative, law 14 enforcement or penal agencies; provided, however, 15 that identification of witnesses to traffic 16 accidents, traffic accident reports, and rescue 17 reports may be provided by agencies of local 18 government, except in a case for which a criminal 19 investigation is ongoing, without constituting a 20 clearly unwarranted per se invasion of personal 21 privacy under this subsection. 22 (c) Records compiled by any public body for 23 administrative enforcement proceedings and any law 24 enforcement or correctional agency for law enforcement 25 purposes or for internal matters of a public body, but 26 only to the extent that disclosure would: 27 (i) interfere with pending or actually and 28 reasonably contemplated law enforcement proceedings 29 conducted by any law enforcement or correctional 30 agency; 31 (ii) interfere with pending administrative 32 enforcement proceedings conducted by any public 33 body; 34 (iii) deprive a person of a fair trial or an HB3209 Engrossed -3- LRB9206713REmg 1 impartial hearing; 2 (iv) unavoidably disclose the identity of a 3 confidential source or confidential information 4 furnished only by the confidential source; 5 (v) disclose unique or specialized 6 investigative techniques other than those generally 7 used and known or disclose internal documents of 8 correctional agencies related to detection, 9 observation or investigation of incidents of crime 10 or misconduct; 11 (vi) constitute an invasion of personal 12 privacy under subsection (b) of this Section; 13 (vii) endanger the life or physical safety of 14 law enforcement personnel or any other person; or 15 (viii) obstruct an ongoing criminal 16 investigation. 17 (d) Criminal history record information maintained 18 by State or local criminal justice agencies, except the 19 following which shall be open for public inspection and 20 copying: 21 (i) chronologically maintained arrest 22 information, such as traditional arrest logs or 23 blotters; 24 (ii) the name of a person in the custody of a 25 law enforcement agency and the charges for which 26 that person is being held; 27 (iii) court records that are public; 28 (iv) records that are otherwise available 29 under State or local law; or 30 (v) records in which the requesting party is 31 the individual identified, except as provided under 32 part (vii) of paragraph (c) of subsection (1) of 33 this Section. 34 "Criminal history record information" means data HB3209 Engrossed -4- LRB9206713REmg 1 identifiable to an individual and consisting of 2 descriptions or notations of arrests, detentions, 3 indictments, informations, pre-trial proceedings, trials, 4 or other formal events in the criminal justice system or 5 descriptions or notations of criminal charges (including 6 criminal violations of local municipal ordinances) and 7 the nature of any disposition arising therefrom, 8 including sentencing, court or correctional supervision, 9 rehabilitation and release. The term does not apply to 10 statistical records and reports in which individuals are 11 not identified and from which their identities are not 12 ascertainable, or to information that is for criminal 13 investigative or intelligence purposes. 14 (e) Records that relate to or affect the security 15 of correctional institutions and detention facilities. 16 (f) Preliminary drafts, notes, recommendations, 17 memoranda and other records in which opinions are 18 expressed, or policies or actions are formulated, except 19 that a specific record or relevant portion of a record 20 shall not be exempt when the record is publicly cited and 21 identified by the head of the public body. The exemption 22 provided in this paragraph (f) extends to all those 23 records of officers and agencies of the General Assembly 24 that pertain to the preparation of legislative documents. 25 (g) Trade secrets and commercial or financial 26 information obtained from a person or business where the 27 trade secrets or information are proprietary, privileged 28 or confidential, or where disclosure of the trade secrets 29 or information may cause competitive harm, including all 30 information determined to be confidential under Section 31 4002 of the Technology Advancement and Development Act. 32 Nothing contained in this paragraph (g) shall be 33 construed to prevent a person or business from consenting 34 to disclosure. HB3209 Engrossed -5- LRB9206713REmg 1 (h) Proposals and bids for any contract, grant, or 2 agreement, including information which if it were 3 disclosed would frustrate procurement or give an 4 advantage to any person proposing to enter into a 5 contractor agreement with the body, until an award or 6 final selection is made. Information prepared by or for 7 the body in preparation of a bid solicitation shall be 8 exempt until an award or final selection is made. 9 (i) Valuable formulae, computer graphic systems, 10 designs, drawings and research data obtained or produced 11 by any public body when disclosure could reasonably be 12 expected to produce private gain or public loss. 13 (j) Test questions, scoring keys and other 14 examination data used to administer an academic 15 examination or determined the qualifications of an 16 applicant for a license or employment. 17 (k) Architects' plans and engineers' technical 18 submissions for projects not constructed or developed in 19 whole or in part with public funds and for projects 20 constructed or developed with public funds, to the extent 21 that disclosure would compromise security. 22 (l) Library circulation and order records 23 identifying library users with specific materials. 24 (m) Minutes of meetings of public bodies closed to 25 the public as provided in the Open Meetings Act until the 26 public body makes the minutes available to the public 27 under Section 2.06 of the Open Meetings Act. 28 (n) Communications between a public body and an 29 attorney or auditor representing the public body that 30 would not be subject to discovery in litigation, and 31 materials prepared or compiled by or for a public body in 32 anticipation of a criminal, civil or administrative 33 proceeding upon the request of an attorney advising the 34 public body, and materials prepared or compiled with HB3209 Engrossed -6- LRB9206713REmg 1 respect to internal audits of public bodies. 2 (o) Information received by a primary or secondary 3 school, college or university under its procedures for 4 the evaluation of faculty members by their academic 5 peers. 6 (p) Administrative or technical information 7 associated with automated data processing operations, 8 including but not limited to software, operating 9 protocols, computer program abstracts, file layouts, 10 source listings, object modules, load modules, user 11 guides, documentation pertaining to all logical and 12 physical design of computerized systems, employee 13 manuals, and any other information that, if disclosed, 14 would jeopardize the security of the system or its data 15 or the security of materials exempt under this Section. 16 (q) Documents or materials relating to collective 17 negotiating matters between public bodies and their 18 employees or representatives, except that any final 19 contract or agreement shall be subject to inspection and 20 copying. 21 (r) Drafts, notes, recommendations and memoranda 22 pertaining to the financing and marketing transactions of 23 the public body. The records of ownership, registration, 24 transfer, and exchange of municipal debt obligations, and 25 of persons to whom payment with respect to these 26 obligations is made. 27 (s) The records, documents and information relating 28 to real estate purchase negotiations until those 29 negotiations have been completed or otherwise terminated. 30 With regard to a parcel involved in a pending or actually 31 and reasonably contemplated eminent domain proceeding 32 under Article VII of the Code of Civil Procedure, 33 records, documents and information relating to that 34 parcel shall be exempt except as may be allowed under HB3209 Engrossed -7- LRB9206713REmg 1 discovery rules adopted by the Illinois Supreme Court. 2 The records, documents and information relating to a real 3 estate sale shall be exempt until a sale is consummated. 4 (t) Any and all proprietary information and records 5 related to the operation of an intergovernmental risk 6 management association or self-insurance pool or jointly 7 self-administered health and accident cooperative or 8 pool. 9 (u) Information concerning a university's 10 adjudication of student or employee grievance or 11 disciplinary cases, to the extent that disclosure would 12 reveal the identity of the student or employee and 13 information concerning any public body's adjudication of 14 student or employee grievances or disciplinary cases, 15 except for the final outcome of the cases. 16 (v) Course materials or research materials used by 17 faculty members. 18 (w) Information related solely to the internal 19 personnel rules and practices of a public body. 20 (x) Information contained in or related to 21 examination, operating, or condition reports prepared by, 22 on behalf of, or for the use of a public body responsible 23 for the regulation or supervision of financial 24 institutions or insurance companies, unless disclosure is 25 otherwise required by State law. 26 (y) Information the disclosure of which is 27 restricted under Section 5-108 of the Public Utilities 28 Act. 29 (z) Manuals or instruction to staff that relate to 30 establishment or collection of liability for any State 31 tax or that relate to investigations by a public body to 32 determine violation of any criminal law. 33 (aa) Applications, related documents, and medical 34 records received by the Experimental Organ HB3209 Engrossed -8- LRB9206713REmg 1 Transplantation Procedures Board and any and all 2 documents or other records prepared by the Experimental 3 Organ Transplantation Procedures Board or its staff 4 relating to applications it has received. 5 (bb) Insurance or self insurance (including any 6 intergovernmental risk management association or self 7 insurance pool) claims, loss or risk management 8 information, records, data, advice or communications. 9 (cc) Information and records held by the Department 10 of Public Health and its authorized representatives 11 relating to known or suspected cases of sexually 12 transmissible disease or any information the disclosure 13 of which is restricted under the Illinois Sexually 14 Transmissible Disease Control Act. 15 (dd) Information the disclosure of which is 16 exempted under Section 30 of the Radon Industry Licensing 17 Act. 18 (ee) Firm performance evaluations under Section 55 19 of the Architectural, Engineering, and Land Surveying 20 Qualifications Based Selection Act. 21 (ff) Security portions of system safety program 22 plans, investigation reports, surveys, schedules, lists, 23 data, or information compiled, collected, or prepared by 24 or for the Regional Transportation Authority under 25 Section 2.11 of the Regional Transportation Authority Act 26 or the State of Missouri under the Bi-State Transit 27 Safety Act. 28 (gg) Information the disclosure of which is 29 restricted and exempted under Section 50 of the Illinois 30 Prepaid Tuition Act. 31 (hh) Information the disclosure of which is 32 exempted under Section 80 of the State Gift Ban Act. 33 (ii) Beginning July 1, 1999, information that would 34 disclose or might lead to the disclosure of secret or HB3209 Engrossed -9- LRB9206713REmg 1 confidential information, codes, algorithms, programs, or 2 private keys intended to be used to create electronic or 3 digital signatures under the Electronic Commerce Security 4 Act. 5 (jj) Information contained in a local emergency 6 energy plan submitted to a municipality in accordance 7 with a local emergency energy plan ordinance that is 8 adopted under Section 11-21.5-5 of the Illinois Municipal 9 Code. 10 (kk)(jj)Information and data concerning the 11 distribution of surcharge moneys collected and remitted 12 by wireless carriers under the Wireless Emergency 13 Telephone Safety Act. 14 (2) This Section does not authorize withholding of 15 information or limit the availability of records to the 16 public, except as stated in this Section or otherwise 17 provided in this Act. 18 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 19 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 20 1-1-99; 90-759, eff. 7-1-99; 91-137, eff. 7-16-99; 91-357, 21 eff. 7-29-99; 91-660, eff. 12-22-99; revised 1-17-00.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.