Illinois General Assembly - Full Text of Public Act 094-0508
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Public Act 094-0508




Public Act 094-0508
SB0052 Enrolled LRB094 05684 BDD 36246 b

    AN ACT concerning government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Freedom of Information Act is amended by
changing Section 7 as follows:
    (5 ILCS 140/7)  (from Ch. 116, par. 207)
    Sec. 7. Exemptions.
    (1) The following shall be exempt from inspection and
        (a) Information specifically prohibited from
    disclosure by federal or State law or rules and regulations
    adopted under federal or State law.
        (b) Information that, if disclosed, would constitute a
    clearly unwarranted invasion of personal privacy, unless
    the disclosure is consented to in writing by the individual
    subjects of the information. The disclosure of information
    that bears on the public duties of public employees and
    officials shall not be considered an invasion of personal
    privacy. Information exempted under this subsection (b)
    shall include but is not limited to:
            (i) files and personal information maintained with
        respect to clients, patients, residents, students or
        other individuals receiving social, medical,
        educational, vocational, financial, supervisory or
        custodial care or services directly or indirectly from
        federal agencies or public bodies;
            (ii) personnel files and personal information
        maintained with respect to employees, appointees or
        elected officials of any public body or applicants for
        those positions;
            (iii) files and personal information maintained
        with respect to any applicant, registrant or licensee
        by any public body cooperating with or engaged in
        professional or occupational registration, licensure
        or discipline;
            (iv) information required of any taxpayer in
        connection with the assessment or collection of any tax
        unless disclosure is otherwise required by State
            (v) information revealing the identity of persons
        who file complaints with or provide information to
        administrative, investigative, law enforcement or
        penal agencies; provided, however, that identification
        of witnesses to traffic accidents, traffic accident
        reports, and rescue reports may be provided by agencies
        of local government, except in a case for which a
        criminal investigation is ongoing, without
        constituting a clearly unwarranted per se invasion of
        personal privacy under this subsection; and
            (vi) the names, addresses, or other personal
        information of participants and registrants in park
        district, forest preserve district, and conservation
        district programs.
        (c) Records compiled by any public body for
    administrative enforcement proceedings and any law
    enforcement or correctional agency for law enforcement
    purposes or for internal matters of a public body, but only
    to the extent that disclosure would:
            (i) interfere with pending or actually and
        reasonably contemplated law enforcement proceedings
        conducted by any law enforcement or correctional
            (ii) interfere with pending administrative
        enforcement proceedings conducted by any public body;
            (iii) deprive a person of a fair trial or an
        impartial hearing;
            (iv) unavoidably disclose the identity of a
        confidential source or confidential information
        furnished only by the confidential source;
            (v) disclose unique or specialized investigative
        techniques other than those generally used and known or
        disclose internal documents of correctional agencies
        related to detection, observation or investigation of
        incidents of crime or misconduct;
            (vi) constitute an invasion of personal privacy
        under subsection (b) of this Section;
            (vii) endanger the life or physical safety of law
        enforcement personnel or any other person; or
            (viii) obstruct an ongoing criminal investigation.
        (d) Criminal history record information maintained by
    State or local criminal justice agencies, except the
    following which shall be open for public inspection and
            (i) chronologically maintained arrest information,
        such as traditional arrest logs or blotters;
            (ii) the name of a person in the custody of a law
        enforcement agency and the charges for which that
        person is being held;
            (iii) court records that are public;
            (iv) records that are otherwise available under
        State or local law; or
            (v) records in which the requesting party is the
        individual identified, except as provided under part
        (vii) of paragraph (c) of subsection (1) of this
        "Criminal history record information" means data
    identifiable to an individual and consisting of
    descriptions or notations of arrests, detentions,
    indictments, informations, pre-trial proceedings, trials,
    or other formal events in the criminal justice system or
    descriptions or notations of criminal charges (including
    criminal violations of local municipal ordinances) and the
    nature of any disposition arising therefrom, including
    sentencing, court or correctional supervision,
    rehabilitation and release. The term does not apply to
    statistical records and reports in which individuals are
    not identified and from which their identities are not
    ascertainable, or to information that is for criminal
    investigative or intelligence purposes.
        (e) Records that relate to or affect the security of
    correctional institutions and detention facilities.
        (f) Preliminary drafts, notes, recommendations,
    memoranda and other records in which opinions are
    expressed, or policies or actions are formulated, except
    that a specific record or relevant portion of a record
    shall not be exempt when the record is publicly cited and
    identified by the head of the public body. The exemption
    provided in this paragraph (f) extends to all those records
    of officers and agencies of the General Assembly that
    pertain to the preparation of legislative documents.
        (g) Trade secrets and commercial or financial
    information obtained from a person or business where the
    trade secrets or information are proprietary, privileged
    or confidential, or where disclosure of the trade secrets
    or information may cause competitive harm, including:
            (i) All all information determined to be
        confidential under Section 4002 of the Technology
        Advancement and Development Act.
            (ii) All trade secrets and commercial or financial
        information obtained by a public body, including a
        public pension fund, from a private equity fund or a
        privately held company within the investment portfolio
        of a private equity fund as a result of either
        investing or evaluating a potential investment of
        public funds in a private equity fund. The exemption
        contained in this item does not apply to the aggregate
        financial performance information of a private equity
        fund, nor to the identity of the fund's managers or
        general partners. The exemption contained in this item
        does not apply to the identity of a privately held
        company within the investment portfolio of a private
        equity fund, unless the disclosure of the identity of a
        privately held company may cause competitive harm.
    Nothing contained in this paragraph (g) shall be construed
to prevent a person or business from consenting to disclosure.
        (h) Proposals and bids for any contract, grant, or
    agreement, including information which if it were
    disclosed would frustrate procurement or give an advantage
    to any person proposing to enter into a contractor
    agreement with the body, until an award or final selection
    is made. Information prepared by or for the body in
    preparation of a bid solicitation shall be exempt until an
    award or final selection is made.
        (i) Valuable formulae, computer geographic systems,
    designs, drawings and research data obtained or produced by
    any public body when disclosure could reasonably be
    expected to produce private gain or public loss. The
    exemption for "computer geographic systems" provided in
    this paragraph (i) does not extend to requests made by news
    media as defined in Section 2 of this Act when the
    requested information is not otherwise exempt and the only
    purpose of the request is to access and disseminate
    information regarding the health, safety, welfare, or
    legal rights of the general public.
        (j) Test questions, scoring keys and other examination
    data used to administer an academic examination or
    determined the qualifications of an applicant for a license
    or employment.
        (k) Architects' plans, engineers' technical
    submissions, and other construction related technical
    documents for projects not constructed or developed in
    whole or in part with public funds and the same for
    projects constructed or developed with public funds, but
    only to the extent that disclosure would compromise
    security, including but not limited to water treatment
    facilities, airport facilities, sport stadiums, convention
    centers, and all government owned, operated, or occupied
        (l) Library circulation and order records identifying
    library users with specific materials.
        (m) Minutes of meetings of public bodies closed to the
    public as provided in the Open Meetings Act until the
    public body makes the minutes available to the public under
    Section 2.06 of the Open Meetings Act.
        (n) Communications between a public body and an
    attorney or auditor representing the public body that would
    not be subject to discovery in litigation, and materials
    prepared or compiled by or for a public body in
    anticipation of a criminal, civil or administrative
    proceeding upon the request of an attorney advising the
    public body, and materials prepared or compiled with
    respect to internal audits of public bodies.
        (o) Information received by a primary or secondary
    school, college or university under its procedures for the
    evaluation of faculty members by their academic peers.
        (p) Administrative or technical information associated
    with automated data processing operations, including but
    not limited to software, operating protocols, computer
    program abstracts, file layouts, source listings, object
    modules, load modules, user guides, documentation
    pertaining to all logical and physical design of
    computerized systems, employee manuals, and any other
    information that, if disclosed, would jeopardize the
    security of the system or its data or the security of
    materials exempt under this Section.
        (q) Documents or materials relating to collective
    negotiating matters between public bodies and their
    employees or representatives, except that any final
    contract or agreement shall be subject to inspection and
        (r) Drafts, notes, recommendations and memoranda
    pertaining to the financing and marketing transactions of
    the public body. The records of ownership, registration,
    transfer, and exchange of municipal debt obligations, and
    of persons to whom payment with respect to these
    obligations is made.
        (s) The records, documents and information relating to
    real estate purchase negotiations until those negotiations
    have been completed or otherwise terminated. With regard to
    a parcel involved in a pending or actually and reasonably
    contemplated eminent domain proceeding under Article VII
    of the Code of Civil Procedure, records, documents and
    information relating to that parcel shall be exempt except
    as may be allowed under discovery rules adopted by the
    Illinois Supreme Court. The records, documents and
    information relating to a real estate sale shall be exempt
    until a sale is consummated.
        (t) Any and all proprietary information and records
    related to the operation of an intergovernmental risk
    management association or self-insurance pool or jointly
    self-administered health and accident cooperative or pool.
        (u) Information concerning a university's adjudication
    of student or employee grievance or disciplinary cases, to
    the extent that disclosure would reveal the identity of the
    student or employee and information concerning any public
    body's adjudication of student or employee grievances or
    disciplinary cases, except for the final outcome of the
        (v) Course materials or research materials used by
    faculty members.
        (w) Information related solely to the internal
    personnel rules and practices of a public body.
        (x) Information contained in or related to
    examination, operating, or condition reports prepared by,
    on behalf of, or for the use of a public body responsible
    for the regulation or supervision of financial
    institutions or insurance companies, unless disclosure is
    otherwise required by State law.
        (y) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (z) Manuals or instruction to staff that relate to
    establishment or collection of liability for any State tax
    or that relate to investigations by a public body to
    determine violation of any criminal law.
        (aa) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other records
    prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (bb) Insurance or self insurance (including any
    intergovernmental risk management association or self
    insurance pool) claims, loss or risk management
    information, records, data, advice or communications.
        (cc) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (dd) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (ee) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (ff) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Regional Transportation Authority under Section 2.11 of
    the Regional Transportation Authority Act or the St. Clair
    County Transit District under the Bi-State Transit Safety
        (gg) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (hh) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act.
        (ii) Beginning July 1, 1999, information that would
    disclose or might lead to the disclosure of secret or
    confidential information, codes, algorithms, programs, or
    private keys intended to be used to create electronic or
    digital signatures under the Electronic Commerce Security
        (jj) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a local
    emergency energy plan ordinance that is adopted under
    Section 11-21.5-5 of the Illinois Municipal Code.
        (kk) Information and data concerning the distribution
    of surcharge moneys collected and remitted by wireless
    carriers under the Wireless Emergency Telephone Safety
        (ll) Vulnerability assessments, security measures, and
    response policies or plans that are designed to identify,
    prevent, or respond to potential attacks upon a community's
    population or systems, facilities, or installations, the
    destruction or contamination of which would constitute a
    clear and present danger to the health or safety of the
    community, but only to the extent that disclosure could
    reasonably be expected to jeopardize the effectiveness of
    the measures or the safety of the personnel who implement
    them or the public. Information exempt under this item may
    include such things as details pertaining to the
    mobilization or deployment of personnel or equipment, to
    the operation of communication systems or protocols, or to
    tactical operations.
        (mm) Maps and other records regarding the location or
    security of a utility's generation, transmission,
    distribution, storage, gathering, treatment, or switching
        (nn) Law enforcement officer identification
    information or driver identification information compiled
    by a law enforcement agency or the Department of
    Transportation under Section 11-212 of the Illinois
    Vehicle Code.
        (oo) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Residential Health Care Facility
    Resident Sexual Assault and Death Review Teams Executive
    Council under the Residential Health Care Facility
    Resident Sexual Assault and Death Review Team Act.
    (2) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
(Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281,
eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43,
eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03;
93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff.
8-21-03; 93-617, eff. 12-9-03.)

Effective Date: 1/1/2006