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92_SB1706eng SB1706 Engrossed LRB9215573JMmb 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 SB1706 Engrossed -2- LRB9215573JMmb 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 SB1706 Engrossed -3- LRB9215573JMmb 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 SB1706 Engrossed -4- LRB9215573JMmb 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. SB1706 Engrossed -5- LRB9215573JMmb 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 geographicgraphic10 systems, designs, drawings and research data obtained or 11 produced by any public body when disclosure could 12 reasonably be expected to produce private gain or public 13 loss. 14 (j) Test questions, scoring keys and other 15 examination data used to administer an academic 16 examination or determined the qualifications of an 17 applicant for a license or employment. 18 (k) Architects' plans and engineers' technical 19 submissions for projects not constructed or developed in 20 whole or in part with public funds and for projects 21 constructed or developed with public funds, to the extent 22 that disclosure would compromise security. 23 (l) Library circulation and order records 24 identifying library users with specific materials. 25 (m) Minutes of meetings of public bodies closed to 26 the public as provided in the Open Meetings Act until the 27 public body makes the minutes available to the public 28 under Section 2.06 of the Open Meetings Act. 29 (n) Communications between a public body and an 30 attorney or auditor representing the public body that 31 would not be subject to discovery in litigation, and 32 materials prepared or compiled by or for a public body in 33 anticipation of a criminal, civil or administrative 34 proceeding upon the request of an attorney advising the SB1706 Engrossed -6- LRB9215573JMmb 1 public body, and materials prepared or compiled with 2 respect to internal audits of public bodies. 3 (o) Information received by a primary or secondary 4 school, college or university under its procedures for 5 the evaluation of faculty members by their academic 6 peers. 7 (p) Administrative or technical information 8 associated with automated data processing operations, 9 including but not limited to software, operating 10 protocols, computer program abstracts, file layouts, 11 source listings, object modules, load modules, user 12 guides, documentation pertaining to all logical and 13 physical design of computerized systems, employee 14 manuals, and any other information that, if disclosed, 15 would jeopardize the security of the system or its data 16 or the security of materials exempt under this Section. 17 (q) Documents or materials relating to collective 18 negotiating matters between public bodies and their 19 employees or representatives, except that any final 20 contract or agreement shall be subject to inspection and 21 copying. 22 (r) Drafts, notes, recommendations and memoranda 23 pertaining to the financing and marketing transactions of 24 the public body. The records of ownership, registration, 25 transfer, and exchange of municipal debt obligations, and 26 of persons to whom payment with respect to these 27 obligations is made. 28 (s) The records, documents and information relating 29 to real estate purchase negotiations until those 30 negotiations have been completed or otherwise terminated. 31 With regard to a parcel involved in a pending or actually 32 and reasonably contemplated eminent domain proceeding 33 under Article VII of the Code of Civil Procedure, 34 records, documents and information relating to that SB1706 Engrossed -7- LRB9215573JMmb 1 parcel shall be exempt except as may be allowed under 2 discovery rules adopted by the Illinois Supreme Court. 3 The records, documents and information relating to a real 4 estate sale shall be exempt until a sale is consummated. 5 (t) Any and all proprietary information and records 6 related to the operation of an intergovernmental risk 7 management association or self-insurance pool or jointly 8 self-administered health and accident cooperative or 9 pool. 10 (u) Information concerning a university's 11 adjudication of student or employee grievance or 12 disciplinary cases, to the extent that disclosure would 13 reveal the identity of the student or employee and 14 information concerning any public body's adjudication of 15 student or employee grievances or disciplinary cases, 16 except for the final outcome of the cases. 17 (v) Course materials or research materials used by 18 faculty members. 19 (w) Information related solely to the internal 20 personnel rules and practices of a public body. 21 (x) Information contained in or related to 22 examination, operating, or condition reports prepared by, 23 on behalf of, or for the use of a public body responsible 24 for the regulation or supervision of financial 25 institutions or insurance companies, unless disclosure is 26 otherwise required by State law. 27 (y) Information the disclosure of which is 28 restricted under Section 5-108 of the Public Utilities 29 Act. 30 (z) Manuals or instruction to staff that relate to 31 establishment or collection of liability for any State 32 tax or that relate to investigations by a public body to 33 determine violation of any criminal law. 34 (aa) Applications, related documents, and medical SB1706 Engrossed -8- LRB9215573JMmb 1 records received by the Experimental Organ 2 Transplantation Procedures Board and any and all 3 documents or other records prepared by the Experimental 4 Organ Transplantation Procedures Board or its staff 5 relating to applications it has received. 6 (bb) Insurance or self insurance (including any 7 intergovernmental risk management association or self 8 insurance pool) claims, loss or risk management 9 information, records, data, advice or communications. 10 (cc) Information and records held by the Department 11 of Public Health and its authorized representatives 12 relating to known or suspected cases of sexually 13 transmissible disease or any information the disclosure 14 of which is restricted under the Illinois Sexually 15 Transmissible Disease Control Act. 16 (dd) Information the disclosure of which is 17 exempted under Section 30 of the Radon Industry Licensing 18 Act. 19 (ee) Firm performance evaluations under Section 55 20 of the Architectural, Engineering, and Land Surveying 21 Qualifications Based Selection Act. 22 (ff) Security portions of system safety program 23 plans, investigation reports, surveys, schedules, lists, 24 data, or information compiled, collected, or prepared by 25 or for the Regional Transportation Authority under 26 Section 2.11 of the Regional Transportation Authority Act 27 or the St. Clair County Transit District under the 28 Bi-State Transit Safety Act. 29 (gg) Information the disclosure of which is 30 restricted and exempted under Section 50 of the Illinois 31 Prepaid Tuition Act. 32 (hh) Information the disclosure of which is 33 exempted under Section 80 of the State Gift Ban Act. 34 (ii) Beginning July 1, 1999, information that would SB1706 Engrossed -9- LRB9215573JMmb 1 disclose or might lead to the disclosure of secret or 2 confidential information, codes, algorithms, programs, or 3 private keys intended to be used to create electronic or 4 digital signatures under the Electronic Commerce Security 5 Act. 6 (jj) Information contained in a local emergency 7 energy plan submitted to a municipality in accordance 8 with a local emergency energy plan ordinance that is 9 adopted under Section 11-21.5-5 of the Illinois Municipal 10 Code. 11 (kk) Information and data concerning the 12 distribution of surcharge moneys collected and remitted 13 by wireless carriers under the Wireless Emergency 14 Telephone Safety Act. 15 (2) This Section does not authorize withholding of 16 information or limit the availability of records to the 17 public, except as stated in this Section or otherwise 18 provided in this Act. 19 (Source: P.A. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99; 20 91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff. 21 8-3-01; 92-281, eff. 8-7-01; revised 10-2-01.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.