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91_HB0538
LRB9102352JMmb
1 AN ACT to amend the Freedom of Information Act by
2 changing Section 7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
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:
23 (i) files and personal information maintained
24 with respect to clients, patients, residents,
25 students or other individuals receiving social,
26 medical, educational, vocational, financial,
27 supervisory or custodial care or services directly
28 or indirectly from federal agencies or public
29 bodies;
30 (ii) personnel files and personal information
31 maintained with respect to employees, appointees or
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1 elected officials of any public body or applicants
2 for those positions;
3 (iii) files and personal information
4 maintained with respect to any applicant, registrant
5 or licensee by any public body cooperating with or
6 engaged in professional or occupational
7 registration, licensure or discipline;
8 (iv) information required of any taxpayer in
9 connection with the assessment or collection of any
10 tax unless disclosure is otherwise required by State
11 statute; and
12 (v) information revealing the identity of
13 persons who file complaints with or provide
14 information to administrative, investigative, law
15 enforcement or penal agencies; provided, however,
16 that identification of witnesses to traffic
17 accidents, traffic accident reports, and rescue
18 reports may be provided by agencies of local
19 government, except in a case for which a criminal
20 investigation is ongoing, without constituting a
21 clearly unwarranted per se invasion of personal
22 privacy under this subsection.
23 (c) Records compiled by any public body for
24 administrative enforcement proceedings and any law
25 enforcement or correctional agency for law enforcement
26 purposes or for internal matters of a public body, but
27 only to the extent that disclosure would:
28 (i) interfere with pending or actually and
29 reasonably contemplated law enforcement proceedings
30 conducted by any law enforcement or correctional
31 agency;
32 (ii) interfere with pending administrative
33 enforcement proceedings conducted by any public
34 body;
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1 (iii) deprive a person of a fair trial or an
2 impartial hearing;
3 (iv) unavoidably disclose the identity of a
4 confidential source or confidential information
5 furnished only by the confidential source;
6 (v) disclose unique or specialized
7 investigative techniques other than those generally
8 used and known or disclose internal documents of
9 correctional agencies related to detection,
10 observation or investigation of incidents of crime
11 or misconduct;
12 (vi) constitute an invasion of personal
13 privacy under subsection (b) of this Section;
14 (vii) endanger the life or physical safety of
15 law enforcement personnel or any other person; or
16 (viii) obstruct an ongoing criminal
17 investigation.
18 (d) Criminal history record information maintained
19 by State or local criminal justice agencies, except the
20 following which shall be open for public inspection and
21 copying:
22 (i) chronologically maintained arrest
23 information, such as traditional arrest logs or
24 blotters;
25 (ii) the name of a person in the custody of a
26 law enforcement agency and the charges for which
27 that person is being held;
28 (iii) court records that are public;
29 (iv) records that are otherwise available
30 under State or local law; or
31 (v) records in which the requesting party is
32 the individual identified, except as provided under
33 part (vii) of paragraph (c) of subsection (1) of
34 this Section.
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1 "Criminal history record information" means data
2 identifiable to an individual and consisting of
3 descriptions or notations of arrests, detentions,
4 indictments, informations, pre-trial proceedings, trials,
5 or other formal events in the criminal justice system or
6 descriptions or notations of criminal charges (including
7 criminal violations of local municipal ordinances) and
8 the nature of any disposition arising therefrom,
9 including sentencing, court or correctional supervision,
10 rehabilitation and release. The term does not apply to
11 statistical records and reports in which individuals are
12 not identified and from which their identities are not
13 ascertainable, or to information that is for criminal
14 investigative or intelligence purposes.
15 (e) Records that relate to or affect the security
16 of correctional institutions and detention facilities.
17 (f) Preliminary drafts, notes, recommendations,
18 memoranda and other records in which opinions are
19 expressed, or policies or actions are formulated, except
20 that a specific record or relevant portion of a record
21 shall not be exempt when the record is publicly cited and
22 identified by the head of the public body. The exemption
23 provided in this paragraph (f) extends to all those
24 records of officers and agencies of the General Assembly
25 that pertain to the preparation of legislative documents.
26 (g) Trade secrets and commercial or financial
27 information obtained from a person or business where the
28 trade secrets or information are proprietary, privileged
29 or confidential, or where disclosure of the trade secrets
30 or information may cause competitive harm, including all
31 information determined to be confidential under Section
32 4002 of the Technology Advancement and Development Act.
33 Nothing contained in this paragraph (g) shall be
34 construed to prevent a person or business from consenting
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1 to disclosure.
2 (h) Proposals and bids for any contract, grant, or
3 agreement, including information which if it were
4 disclosed would frustrate procurement or give an
5 advantage to any person proposing to enter into a
6 contractor agreement with the body, until an award or
7 final selection is made. Information prepared by or for
8 the body in preparation of a bid solicitation shall be
9 exempt until an award or final selection is made.
10 (i) Valuable formulae, designs, drawings and
11 research data obtained or produced by any public body
12 when disclosure could reasonably be expected to produce
13 private gain or public 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
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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
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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
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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 State of Missouri under the Bi-State Transit
28 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, (hh) information that
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1 would disclose or might lead to the disclosure of secret
2 or confidential information, codes, algorithms, programs,
3 or private keys intended to be used to create electronic
4 or digital signatures under the Electronic Commerce
5 Security Act.
6 (jj) Information that is requested to further a
7 commercial enterprise or purpose.
8 (2) This Section does not authorize withholding of
9 information or limit the availability of records to the
10 public, except as stated in this Section or otherwise
11 provided in this Act.
12 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
13 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
14 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.