093_SB1510sam003
LRB093 08595 JAM 14244 a
1 AMENDMENT TO SENATE BILL 1510
2 AMENDMENT NO. . Amend Senate Bill 1510, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Freedom of Information Act is amended by
6 changing Section 7 as follows:
7 (5 ILCS 140/7) (from Ch. 116, par. 207)
8 Sec. 7. Exemptions.
9 (1) The following shall be exempt from inspection and
10 copying:
11 (a) Information specifically prohibited from
12 disclosure by federal or State law or rules and
13 regulations adopted under federal or State law.
14 (b) Information that, if disclosed, would
15 constitute a clearly unwarranted invasion of personal
16 privacy, unless the disclosure is consented to in writing
17 by the individual subjects of the information. The
18 disclosure of information that bears on the public duties
19 of public employees and officials shall not be considered
20 an invasion of personal privacy. Information exempted
21 under this subsection (b) shall include but is not
22 limited to:
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1 (i) files and personal information maintained
2 with respect to clients, patients, residents,
3 students or other individuals receiving social,
4 medical, educational, vocational, financial,
5 supervisory or custodial care or services directly
6 or indirectly from federal agencies or public
7 bodies;
8 (ii) personnel files and personal information
9 maintained with respect to employees, appointees or
10 elected officials of any public body or applicants
11 for those positions;
12 (iii) files and personal information
13 maintained with respect to any applicant, registrant
14 or licensee by any public body cooperating with or
15 engaged in professional or occupational
16 registration, licensure or discipline;
17 (iv) information required of any taxpayer in
18 connection with the assessment or collection of any
19 tax unless disclosure is otherwise required by State
20 statute; and
21 (v) information revealing the identity of
22 persons who file complaints with or provide
23 information to administrative, investigative, law
24 enforcement or penal agencies; provided, however,
25 that identification of witnesses to traffic
26 accidents, traffic accident reports, and rescue
27 reports may be provided by agencies of local
28 government, except in a case for which a criminal
29 investigation is ongoing, without constituting a
30 clearly unwarranted per se invasion of personal
31 privacy under this subsection.
32 (c) Records compiled by any public body for
33 administrative enforcement proceedings and any law
34 enforcement or correctional agency for law enforcement
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1 purposes or for internal matters of a public body, but
2 only to the extent that disclosure would:
3 (i) interfere with pending or actually and
4 reasonably contemplated law enforcement proceedings
5 conducted by any law enforcement or correctional
6 agency;
7 (ii) interfere with pending administrative
8 enforcement proceedings conducted by any public
9 body;
10 (iii) deprive a person of a fair trial or an
11 impartial hearing;
12 (iv) unavoidably disclose the identity of a
13 confidential source or confidential information
14 furnished only by the confidential source;
15 (v) disclose unique or specialized
16 investigative techniques other than those generally
17 used and known or disclose internal documents of
18 correctional agencies related to detection,
19 observation or investigation of incidents of crime
20 or misconduct;
21 (vi) constitute an invasion of personal
22 privacy under subsection (b) of this Section;
23 (vii) endanger the life or physical safety of
24 law enforcement personnel or any other person; or
25 (viii) obstruct an ongoing criminal
26 investigation.
27 (d) Criminal history record information maintained
28 by State or local criminal justice agencies, except the
29 following which shall be open for public inspection and
30 copying:
31 (i) chronologically maintained arrest
32 information, such as traditional arrest logs or
33 blotters;
34 (ii) the name of a person in the custody of a
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1 law enforcement agency and the charges for which
2 that person is being held;
3 (iii) court records that are public;
4 (iv) records that are otherwise available
5 under State or local law; or
6 (v) records in which the requesting party is
7 the individual identified, except as provided under
8 part (vii) of paragraph (c) of subsection (1) of
9 this Section.
10 "Criminal history record information" means data
11 identifiable to an individual and consisting of
12 descriptions or notations of arrests, detentions,
13 indictments, informations, pre-trial proceedings, trials,
14 or other formal events in the criminal justice system or
15 descriptions or notations of criminal charges (including
16 criminal violations of local municipal ordinances) and
17 the nature of any disposition arising therefrom,
18 including sentencing, court or correctional supervision,
19 rehabilitation and release. The term does not apply to
20 statistical records and reports in which individuals are
21 not identified and from which their identities are not
22 ascertainable, or to information that is for criminal
23 investigative or intelligence purposes.
24 (e) Records that relate to or affect the security
25 of correctional institutions and detention facilities.
26 (f) Preliminary drafts, notes, recommendations,
27 memoranda and other records in which opinions are
28 expressed, or policies or actions are formulated, except
29 that a specific record or relevant portion of a record
30 shall not be exempt when the record is publicly cited and
31 identified by the head of the public body. The exemption
32 provided in this paragraph (f) extends to all those
33 records of officers and agencies of the General Assembly
34 that pertain to the preparation of legislative documents.
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1 (g) Trade secrets and commercial or financial
2 information obtained from a person or business where the
3 trade secrets or information are proprietary, privileged
4 or confidential, or where disclosure of the trade secrets
5 or information may cause competitive harm, including:
6 (i) All information determined to be
7 confidential under Section 4002 of the Technology
8 Advancement and Development Act.
9 (ii) Venture capital and private equity
10 portfolio information of privately held companies
11 possessed by a public body, including a public
12 pension fund, for the purpose of investing and
13 managing public funds. The exemption contained in
14 this item does not apply to the aggregate financial
15 performance of a venture capital or private equity
16 firm.
17 Nothing contained in this paragraph (g) shall be
18 construed to prevent a person or business from consenting to
19 disclosure.
20 (h) Proposals and bids for any contract, grant, or
21 agreement, including information which if it were
22 disclosed would frustrate procurement or give an
23 advantage to any person proposing to enter into a
24 contractor agreement with the body, until an award or
25 final selection is made. Information prepared by or for
26 the body in preparation of a bid solicitation shall be
27 exempt until an award or final selection is made.
28 (i) Valuable formulae, computer geographic systems,
29 designs, drawings and research data obtained or produced
30 by any public body when disclosure could reasonably be
31 expected to produce private gain or public loss.
32 (j) Test questions, scoring keys and other
33 examination data used to administer an academic
34 examination or determined the qualifications of an
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1 applicant for a license or employment.
2 (k) Architects' plans and engineers' technical
3 submissions for projects not constructed or developed in
4 whole or in part with public funds and for projects
5 constructed or developed with public funds, to the extent
6 that disclosure would compromise security.
7 (l) Library circulation and order records
8 identifying library users with specific materials.
9 (m) Minutes of meetings of public bodies closed to
10 the public as provided in the Open Meetings Act until the
11 public body makes the minutes available to the public
12 under Section 2.06 of the Open Meetings Act.
13 (n) Communications between a public body and an
14 attorney or auditor representing the public body that
15 would not be subject to discovery in litigation, and
16 materials prepared or compiled by or for a public body in
17 anticipation of a criminal, civil or administrative
18 proceeding upon the request of an attorney advising the
19 public body, and materials prepared or compiled with
20 respect to internal audits of public bodies.
21 (o) Information received by a primary or secondary
22 school, college or university under its procedures for
23 the evaluation of faculty members by their academic
24 peers.
25 (p) Administrative or technical information
26 associated with automated data processing operations,
27 including but not limited to software, operating
28 protocols, computer program abstracts, file layouts,
29 source listings, object modules, load modules, user
30 guides, documentation pertaining to all logical and
31 physical design of computerized systems, employee
32 manuals, and any other information that, if disclosed,
33 would jeopardize the security of the system or its data
34 or the security of materials exempt under this Section.
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1 (q) Documents or materials relating to collective
2 negotiating matters between public bodies and their
3 employees or representatives, except that any final
4 contract or agreement shall be subject to inspection and
5 copying.
6 (r) Drafts, notes, recommendations and memoranda
7 pertaining to the financing and marketing transactions of
8 the public body. The records of ownership, registration,
9 transfer, and exchange of municipal debt obligations, and
10 of persons to whom payment with respect to these
11 obligations is made.
12 (s) The records, documents and information relating
13 to real estate purchase negotiations until those
14 negotiations have been completed or otherwise terminated.
15 With regard to a parcel involved in a pending or actually
16 and reasonably contemplated eminent domain proceeding
17 under Article VII of the Code of Civil Procedure,
18 records, documents and information relating to that
19 parcel shall be exempt except as may be allowed under
20 discovery rules adopted by the Illinois Supreme Court.
21 The records, documents and information relating to a real
22 estate sale shall be exempt until a sale is consummated.
23 (t) Any and all proprietary information and records
24 related to the operation of an intergovernmental risk
25 management association or self-insurance pool or jointly
26 self-administered health and accident cooperative or
27 pool.
28 (u) Information concerning a university's
29 adjudication of student or employee grievance or
30 disciplinary cases, to the extent that disclosure would
31 reveal the identity of the student or employee and
32 information concerning any public body's adjudication of
33 student or employee grievances or disciplinary cases,
34 except for the final outcome of the cases.
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1 (v) Course materials or research materials used by
2 faculty members.
3 (w) Information related solely to the internal
4 personnel rules and practices of a public body.
5 (x) Information contained in or related to
6 examination, operating, or condition reports prepared by,
7 on behalf of, or for the use of a public body responsible
8 for the regulation or supervision of financial
9 institutions or insurance companies, unless disclosure is
10 otherwise required by State law.
11 (y) Information the disclosure of which is
12 restricted under Section 5-108 of the Public Utilities
13 Act.
14 (z) Manuals or instruction to staff that relate to
15 establishment or collection of liability for any State
16 tax or that relate to investigations by a public body to
17 determine violation of any criminal law.
18 (aa) Applications, related documents, and medical
19 records received by the Experimental Organ
20 Transplantation Procedures Board and any and all
21 documents or other records prepared by the Experimental
22 Organ Transplantation Procedures Board or its staff
23 relating to applications it has received.
24 (bb) Insurance or self insurance (including any
25 intergovernmental risk management association or self
26 insurance pool) claims, loss or risk management
27 information, records, data, advice or communications.
28 (cc) Information and records held by the Department
29 of Public Health and its authorized representatives
30 relating to known or suspected cases of sexually
31 transmissible disease or any information the disclosure
32 of which is restricted under the Illinois Sexually
33 Transmissible Disease Control Act.
34 (dd) Information the disclosure of which is
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1 exempted under Section 30 of the Radon Industry Licensing
2 Act.
3 (ee) Firm performance evaluations under Section 55
4 of the Architectural, Engineering, and Land Surveying
5 Qualifications Based Selection Act.
6 (ff) Security portions of system safety program
7 plans, investigation reports, surveys, schedules, lists,
8 data, or information compiled, collected, or prepared by
9 or for the Regional Transportation Authority under
10 Section 2.11 of the Regional Transportation Authority Act
11 or the St. Clair County Transit District under the
12 Bi-State Transit Safety Act.
13 (gg) Information the disclosure of which is
14 restricted and exempted under Section 50 of the Illinois
15 Prepaid Tuition Act.
16 (hh) Information the disclosure of which is
17 exempted under Section 80 of the State Gift Ban Act.
18 (ii) Beginning July 1, 1999, information that would
19 disclose or might lead to the disclosure of secret or
20 confidential information, codes, algorithms, programs, or
21 private keys intended to be used to create electronic or
22 digital signatures under the Electronic Commerce Security
23 Act.
24 (jj) Information contained in a local emergency
25 energy plan submitted to a municipality in accordance
26 with a local emergency energy plan ordinance that is
27 adopted under Section 11-21.5-5 of the Illinois Municipal
28 Code.
29 (kk) Information and data concerning the
30 distribution of surcharge moneys collected and remitted
31 by wireless carriers under the Wireless Emergency
32 Telephone Safety Act.
33 (2) This Section does not authorize withholding of
34 information or limit the availability of records to the
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1 public, except as stated in this Section or otherwise
2 provided in this Act.
3 (Source: P.A. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99;
4 91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff.
5 8-3-01; 92-281, eff. 8-7-01; 92-645, eff. 7-11-02; 92-651,
6 eff. 7-11-02.)".