Public Act 103-0540

HB3326 Enrolled LRB103 30785 MXP 57275 b

AN ACT concerning transportation.

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)

(Text of Section before amendment by P.A. 102-982)

Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public

record that contains information that is exempt from

disclosure under this Section, but also contains information

that is not exempt from disclosure, the public body may elect

to redact the information that is exempt. The public body

shall make the remaining information available for inspection

and copying. Subject to this requirement, the following shall

be exempt from inspection and copying:

(a) Information specifically prohibited from

disclosure by federal or State law or rules and

regulations implementing federal or State law.

(b) Private information, unless disclosure is required

by another provision of this Act, a State or federal law,

or a court order.

(b-5) Files, documents, and other data or databases

maintained by one or more law enforcement agencies and

specifically designed to provide information to one or

more law enforcement agencies regarding the physical or

mental status of one or more individual subjects.

(c) Personal information contained within public

records, the disclosure of which would constitute a

clearly unwarranted invasion of personal privacy, unless

the disclosure is consented to in writing by the

individual subjects of the information. "Unwarranted

invasion of personal privacy" means the disclosure of

information that is highly personal or objectionable to a

reasonable person and in which the subject's right to

privacy outweighs any legitimate public interest in

obtaining 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.

(d) Records in the possession of any public body

created in the course of administrative enforcement

proceedings, and any law enforcement or correctional

agency for law enforcement purposes, 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

agency that is the recipient of the request;

(ii) interfere with active administrative

enforcement proceedings conducted by the public body

that is the recipient of the request;

(iii) create a substantial likelihood that a

person will be deprived of a fair trial or an impartial

hearing;

(iv) unavoidably disclose the identity of a

confidential source, confidential information

furnished only by the confidential source, or persons

who file complaints with or provide information to

administrative, investigative, law enforcement, or

penal agencies; except that the identities of

witnesses to traffic accidents, traffic accident

reports, and rescue reports shall be provided by

agencies of local government, except when disclosure

would interfere with an active criminal investigation

conducted by the agency that is the recipient of the

request;

(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, and

disclosure would result in demonstrable harm to the

agency or public body that is the recipient of the

request;

(vi) endanger the life or physical safety of law

enforcement personnel or any other person; or

(vii) obstruct an ongoing criminal investigation

by the agency that is the recipient of the request.

(d-5) A law enforcement record created for law

enforcement purposes and contained in a shared electronic

record management system if the law enforcement agency

that is the recipient of the request did not create the

record, did not participate in or have a role in any of the

events which are the subject of the record, and only has

access to the record through the shared electronic record

management system.

(d-6) Records contained in the Officer Professional

Conduct Database under Section 9.2 of the Illinois Police

Training Act, except to the extent authorized under that

Section. This includes the documents supplied to the

Illinois Law Enforcement Training Standards Board from the

Illinois State Police and Illinois State Police Merit

Board.

(e) Records that relate to or affect the security of

correctional institutions and detention facilities.

(e-5) Records requested by persons committed to the

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail if those

materials are available in the library of the correctional

institution or facility or jail where the inmate is

confined.

(e-6) Records requested by persons committed to the

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail if those

materials include records from staff members' personnel

files, staff rosters, or other staffing assignment

information.

(e-7) Records requested by persons committed to the

Department of Corrections or Department of Human Services

Division of Mental Health if those materials are available

through an administrative request to the Department of

Corrections or Department of Human Services Division of

Mental Health.

(e-8) Records requested by a person committed to the

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail, the

disclosure of which would result in the risk of harm to any

person or the risk of an escape from a jail or correctional

institution or facility.

(e-9) Records requested by a person in a county jail

or committed to the Department of Corrections or

Department of Human Services Division of Mental Health,

containing personal information pertaining to the person's

victim or the victim's family, including, but not limited

to, a victim's home address, home telephone number, work

or school address, work telephone number, social security

number, or any other identifying information, except as

may be relevant to a requester's current or potential case

or claim.

(e-10) Law enforcement records of other persons

requested by a person committed to the Department of

Corrections, Department of Human Services Division of

Mental Health, or a county jail, including, but not

limited to, arrest and booking records, mug shots, and

crime scene photographs, except as these records may be

relevant to the requester's current or potential case or

claim.

(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 commercial or financial information are

furnished under a claim that they are proprietary,

privileged, or confidential, and that disclosure of the

trade secrets or commercial or financial information would

cause competitive harm to the person or business, and only

insofar as the claim directly applies to the records

requested.

The information included under this exemption includes

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) The following information pertaining to

educational matters:

(i) test questions, scoring keys, and other

examination data used to administer an academic

examination;

(ii) information received by a primary or

secondary school, college, or university under its

procedures for the evaluation of faculty members by

their academic peers;

(iii) information concerning a school or

university's adjudication of student disciplinary

cases, but only to the extent that disclosure would

unavoidably reveal the identity of the student; and

(iv) course materials or research materials used

by faculty members.

(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,

including, but not limited to, power generating and

distribution stations and other transmission and

distribution facilities, water treatment facilities,

airport facilities, sport stadiums, convention centers,

and all government owned, operated, or occupied buildings,

but only to the extent that disclosure would compromise

security.

(l) 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.

(m) 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.

(n) Records relating to a public body's adjudication

of employee grievances or disciplinary cases; however,

this exemption shall not extend to the final outcome of

cases in which discipline is imposed.

(o) 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.

(p) Records 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 copying.

(q) Test questions, scoring keys, and other

examination data used to determine the qualifications of

an applicant for a license or employment.

(r) 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 the Eminent Domain Act, 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.

(s) 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.

Insurance or self-insurance self insurance (including any

intergovernmental risk management association or

self-insurance self insurance pool) claims, loss or risk

management information, records, data, advice, or

communications.

(t) 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, insurance companies, or pharmacy benefit

managers, unless disclosure is otherwise required by State

law.

(u) 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 signatures under the Uniform

Electronic Transactions Act.

(v) 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, but only to the extent that disclosure

could reasonably be expected to expose the vulnerability

or jeopardize the effectiveness of the measures, policies,

or plans, 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, to

cybersecurity vulnerabilities, or to tactical operations.

(w) (Blank).

(x) Maps and other records regarding the location or

security of generation, transmission, distribution,

storage, gathering, treatment, or switching facilities

owned by a utility, by a power generator, or by the

Illinois Power Agency.

(y) Information contained in or related to proposals,

bids, or negotiations related to electric power

procurement under Section 1-75 of the Illinois Power

Agency Act and Section 16-111.5 of the Public Utilities

Act that is determined to be confidential and proprietary

by the Illinois Power Agency or by the Illinois Commerce

Commission.

(z) Information about students exempted from

disclosure under Section Sections 10-20.38 or 34-18.29 of

the School Code, and information about undergraduate

students enrolled at an institution of higher education

exempted from disclosure under Section 25 of the Illinois

Credit Card Marketing Act of 2009.

(aa) Information the disclosure of which is exempted

under the Viatical Settlements Act of 2009.

(bb) Records and information provided to a mortality

review team and records maintained by a mortality review

team appointed under the Department of Juvenile Justice

Mortality Review Team Act.

(cc) Information regarding interments, entombments, or

inurnments of human remains that are submitted to the

Cemetery Oversight Database under the Cemetery Care Act or

the Cemetery Oversight Act, whichever is applicable.

(dd) Correspondence and records (i) that may not be

disclosed under Section 11-9 of the Illinois Public Aid

Code or (ii) that pertain to appeals under Section 11-8 of

the Illinois Public Aid Code.

(ee) The names, addresses, or other personal

information of persons who are minors and are also

participants and registrants in programs of park

districts, forest preserve districts, conservation

districts, recreation agencies, and special recreation

associations.

(ff) The names, addresses, or other personal

information of participants and registrants in programs of

park districts, forest preserve districts, conservation

districts, recreation agencies, and special recreation

associations where such programs are targeted primarily to

minors.

(gg) Confidential information described in Section

1-100 of the Illinois Independent Tax Tribunal Act of

2012.

(hh) The report submitted to the State Board of

Education by the School Security and Standards Task Force

under item (8) of subsection (d) of Section 2-3.160 of the

School Code and any information contained in that report.

(ii) Records requested by persons committed to or

detained by the Department of Human Services under the

Sexually Violent Persons Commitment Act or committed to

the Department of Corrections under the Sexually Dangerous

Persons Act if those materials: (i) are available in the

library of the facility where the individual is confined;

(ii) include records from staff members' personnel files,

staff rosters, or other staffing assignment information;

or (iii) are available through an administrative request

to the Department of Human Services or the Department of

Corrections.

(jj) Confidential information described in Section

5-535 of the Civil Administrative Code of Illinois.

(kk) The public body's credit card numbers, debit card

numbers, bank account numbers, Federal Employer

Identification Number, security code numbers, passwords,

and similar account information, the disclosure of which

could result in identity theft or impression or defrauding

of a governmental entity or a person.

(ll) Records concerning the work of the threat

assessment team of a school district, including, but not

limited to, any threat assessment procedure under the

School Safety Drill Act and any information contained in

the procedure.

(mm) Information prohibited from being disclosed under

subsections (a) and (b) of Section 15 of the Student

Confidential Reporting Act.

(nn) (mm) Proprietary information submitted to the

Environmental Protection Agency under the Drug Take-Back

Act.

(oo) (mm) Records described in subsection (f) of

Section 3-5-1 of the Unified Code of Corrections.

(1.5) Any information exempt from disclosure under the

Judicial Privacy Act shall be redacted from public records

prior to disclosure under this Act.

(2) A public record that is not in the possession of a

public body but is in the possession of a party with whom the

agency has contracted to perform a governmental function on

behalf of the public body, and that directly relates to the

governmental function and is not otherwise exempt under this

Act, shall be considered a public record of the public body,

for purposes of this Act.

(3) 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 Act.

(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;

101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.

6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,

eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;

102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised

12-13-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public

record that contains information that is exempt from

disclosure under this Section, but also contains information

that is not exempt from disclosure, the public body may elect

to redact the information that is exempt. The public body

shall make the remaining information available for inspection

and copying. Subject to this requirement, the following shall

be exempt from inspection and copying:

(a) Information specifically prohibited from

disclosure by federal or State law or rules and

regulations implementing federal or State law.

(b) Private information, unless disclosure is required

by another provision of this Act, a State or federal law,

or a court order.

(b-5) Files, documents, and other data or databases

maintained by one or more law enforcement agencies and

specifically designed to provide information to one or

more law enforcement agencies regarding the physical or

mental status of one or more individual subjects.

(c) Personal information contained within public

records, the disclosure of which would constitute a

clearly unwarranted invasion of personal privacy, unless

the disclosure is consented to in writing by the

individual subjects of the information. "Unwarranted

invasion of personal privacy" means the disclosure of

information that is highly personal or objectionable to a

reasonable person and in which the subject's right to

privacy outweighs any legitimate public interest in

obtaining 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.

(d) Records in the possession of any public body

created in the course of administrative enforcement

proceedings, and any law enforcement or correctional

agency for law enforcement purposes, 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

agency that is the recipient of the request;

(ii) interfere with active administrative

enforcement proceedings conducted by the public body

that is the recipient of the request;

(iii) create a substantial likelihood that a

person will be deprived of a fair trial or an impartial

hearing;

(iv) unavoidably disclose the identity of a

confidential source, confidential information

furnished only by the confidential source, or persons

who file complaints with or provide information to

administrative, investigative, law enforcement, or

penal agencies; except that the identities of

witnesses to traffic crashes, traffic crash reports,

and rescue reports shall be provided by agencies of

local government, except when disclosure would

interfere with an active criminal investigation

conducted by the agency that is the recipient of the

request;

(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, and

disclosure would result in demonstrable harm to the

agency or public body that is the recipient of the

request;

(vi) endanger the life or physical safety of law

enforcement personnel or any other person; or

(vii) obstruct an ongoing criminal investigation

by the agency that is the recipient of the request.

(d-5) A law enforcement record created for law

enforcement purposes and contained in a shared electronic

record management system if the law enforcement agency

that is the recipient of the request did not create the

record, did not participate in or have a role in any of the

events which are the subject of the record, and only has

access to the record through the shared electronic record

management system.

(d-6) Records contained in the Officer Professional

Conduct Database under Section 9.2 of the Illinois Police

Training Act, except to the extent authorized under that

Section. This includes the documents supplied to the

Illinois Law Enforcement Training Standards Board from the

Illinois State Police and Illinois State Police Merit

Board.

(d-7) Information gathered or records created from the

use of automatic license plate readers in connection with

Section 2-130 of the Illinois Vehicle Code.

(e) Records that relate to or affect the security of

correctional institutions and detention facilities.

(e-5) Records requested by persons committed to the

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail if those

materials are available in the library of the correctional

institution or facility or jail where the inmate is

confined.

(e-6) Records requested by persons committed to the

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail if those

materials include records from staff members' personnel

files, staff rosters, or other staffing assignment

information.

(e-7) Records requested by persons committed to the

Department of Corrections or Department of Human Services

Division of Mental Health if those materials are available

through an administrative request to the Department of

Corrections or Department of Human Services Division of

Mental Health.

(e-8) Records requested by a person committed to the

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail, the

disclosure of which would result in the risk of harm to any

person or the risk of an escape from a jail or correctional

institution or facility.

(e-9) Records requested by a person in a county jail

or committed to the Department of Corrections or

Department of Human Services Division of Mental Health,

containing personal information pertaining to the person's

victim or the victim's family, including, but not limited

to, a victim's home address, home telephone number, work

or school address, work telephone number, social security

number, or any other identifying information, except as

may be relevant to a requester's current or potential case

or claim.

(e-10) Law enforcement records of other persons

requested by a person committed to the Department of

Corrections, Department of Human Services Division of

Mental Health, or a county jail, including, but not

limited to, arrest and booking records, mug shots, and

crime scene photographs, except as these records may be

relevant to the requester's current or potential case or

claim.

(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 commercial or financial information are

furnished under a claim that they are proprietary,

privileged, or confidential, and that disclosure of the

trade secrets or commercial or financial information would

cause competitive harm to the person or business, and only

insofar as the claim directly applies to the records

requested.

The information included under this exemption includes

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) The following information pertaining to

educational matters:

(i) test questions, scoring keys, and other

examination data used to administer an academic

examination;

(ii) information received by a primary or

secondary school, college, or university under its

procedures for the evaluation of faculty members by

their academic peers;

(iii) information concerning a school or

university's adjudication of student disciplinary

cases, but only to the extent that disclosure would

unavoidably reveal the identity of the student; and

(iv) course materials or research materials used

by faculty members.

(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,

including, but not limited to, power generating and

distribution stations and other transmission and

distribution facilities, water treatment facilities,

airport facilities, sport stadiums, convention centers,

and all government owned, operated, or occupied buildings,

but only to the extent that disclosure would compromise

security.

(l) 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.

(m) 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.

(n) Records relating to a public body's adjudication

of employee grievances or disciplinary cases; however,

this exemption shall not extend to the final outcome of

cases in which discipline is imposed.

(o) 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.

(p) Records 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 copying.

(q) Test questions, scoring keys, and other

examination data used to determine the qualifications of

an applicant for a license or employment.

(r) 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 the Eminent Domain Act, 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.

(s) 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.

Insurance or self-insurance self insurance (including any

intergovernmental risk management association or

self-insurance self insurance pool) claims, loss or risk

management information, records, data, advice, or

communications.

(t) 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, insurance companies, or pharmacy benefit

managers, unless disclosure is otherwise required by State

law.

(u) 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 signatures under the Uniform

Electronic Transactions Act.

(v) 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, but only to the extent that disclosure

could reasonably be expected to expose the vulnerability

or jeopardize the effectiveness of the measures, policies,

or plans, 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, to

cybersecurity vulnerabilities, or to tactical operations.

(w) (Blank).

(x) Maps and other records regarding the location or

security of generation, transmission, distribution,

storage, gathering, treatment, or switching facilities

owned by a utility, by a power generator, or by the

Illinois Power Agency.

(y) Information contained in or related to proposals,

bids, or negotiations related to electric power

procurement under Section 1-75 of the Illinois Power

Agency Act and Section 16-111.5 of the Public Utilities

Act that is determined to be confidential and proprietary

by the Illinois Power Agency or by the Illinois Commerce

Commission.

(z) Information about students exempted from

disclosure under Section Sections 10-20.38 or 34-18.29 of

the School Code, and information about undergraduate

students enrolled at an institution of higher education

exempted from disclosure under Section 25 of the Illinois

Credit Card Marketing Act of 2009.

(aa) Information the disclosure of which is exempted

under the Viatical Settlements Act of 2009.

(bb) Records and information provided to a mortality

review team and records maintained by a mortality review

team appointed under the Department of Juvenile Justice

Mortality Review Team Act.

(cc) Information regarding interments, entombments, or

inurnments of human remains that are submitted to the

Cemetery Oversight Database under the Cemetery Care Act or

the Cemetery Oversight Act, whichever is applicable.

(dd) Correspondence and records (i) that may not be

disclosed under Section 11-9 of the Illinois Public Aid

Code or (ii) that pertain to appeals under Section 11-8 of

the Illinois Public Aid Code.

(ee) The names, addresses, or other personal

information of persons who are minors and are also

participants and registrants in programs of park

districts, forest preserve districts, conservation

districts, recreation agencies, and special recreation

associations.

(ff) The names, addresses, or other personal

information of participants and registrants in programs of

park districts, forest preserve districts, conservation

districts, recreation agencies, and special recreation

associations where such programs are targeted primarily to

minors.

(gg) Confidential information described in Section

1-100 of the Illinois Independent Tax Tribunal Act of

2012.

(hh) The report submitted to the State Board of

Education by the School Security and Standards Task Force

under item (8) of subsection (d) of Section 2-3.160 of the

School Code and any information contained in that report.

(ii) Records requested by persons committed to or

detained by the Department of Human Services under the

Sexually Violent Persons Commitment Act or committed to

the Department of Corrections under the Sexually Dangerous

Persons Act if those materials: (i) are available in the

library of the facility where the individual is confined;

(ii) include records from staff members' personnel files,

staff rosters, or other staffing assignment information;

or (iii) are available through an administrative request

to the Department of Human Services or the Department of

Corrections.

(jj) Confidential information described in Section

5-535 of the Civil Administrative Code of Illinois.

(kk) The public body's credit card numbers, debit card

numbers, bank account numbers, Federal Employer

Identification Number, security code numbers, passwords,

and similar account information, the disclosure of which

could result in identity theft or impression or defrauding

of a governmental entity or a person.

(ll) Records concerning the work of the threat

assessment team of a school district, including, but not

limited to, any threat assessment procedure under the

School Safety Drill Act and any information contained in

the procedure.

(mm) Information prohibited from being disclosed under

subsections (a) and (b) of Section 15 of the Student

Confidential Reporting Act.

(nn) (mm) Proprietary information submitted to the

Environmental Protection Agency under the Drug Take-Back

Act.

(oo) (mm) Records described in subsection (f) of

Section 3-5-1 of the Unified Code of Corrections.

(1.5) Any information exempt from disclosure under the

Judicial Privacy Act shall be redacted from public records

prior to disclosure under this Act.

(2) A public record that is not in the possession of a

public body but is in the possession of a party with whom the

agency has contracted to perform a governmental function on

behalf of the public body, and that directly relates to the

governmental function and is not otherwise exempt under this

Act, shall be considered a public record of the public body,

for purposes of this Act.

(3) 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 Act.

(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;

101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.

6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,

eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;

102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.

6-10-22; revised 12-13-22.)

Section 10. The Illinois Vehicle Code is amended by adding

Section 2-130 as follows:

(625 ILCS 5/2-130 new)

Sec. 2-130. User of automated license plate readers;

prohibitions.

(a) As used in this Section:

"Automated license plate reader" or "ALPR" means an

electronic device that is mounted on a law enforcement vehicle

or positioned in a stationary location and that is capable of

recording data on or taking a photograph of a vehicle or its

license plate and comparing the collected data and photographs

to existing law enforcement databases for investigative

purposes. "ALPR" includes a device that is owned or operated

by a person or an entity other than a law enforcement agency to

the extent that data collected by the reader is shared with a

law enforcement agency.

"ALPR information" means information gathered by an ALPR

or created from the analysis of data generated by an ALPR.

"ALPR systems" means multi-agency or vendor agreements

that allow the sharing of ALPR information collected in

Illinois.

"ALPR user" means a person or entity that owns or operates

an ALPR device.

"Law enforcement agency" means a State or local agency,

unit of local government, or private entity charged with the

enforcement of State, county, or municipal laws or with

managing custody of detained persons in any state or

jurisdiction.

(b) An ALPR user shall not sell, share, allow access to, or

transfer ALPR information to any state or local jurisdiction

for the purpose of investigating or enforcing a law that:

(1) denies or interferes with a person's right to

choose or obtain reproductive health care services or any

lawful health care services as defined by the Lawful

Health Care Activity Act; or

(2) permits the detention or investigation of a person

based on the person's immigration status.

(c) Any ALPR user in this State, including any law

enforcement agency of this State that uses ALPR systems, shall

not share ALPR information with an out-of-state law

enforcement agency without first obtaining a written

declaration from the out-of-state law enforcement agency that

it expressly affirms that ALPR information obtained shall not

be used in a manner that violates subsection (b). If a written

declaration of affirmation is not executed, the law

enforcement agency shall not share the ALPR information with

the out-of-state law enforcement agency.

(d) ALPR information shall be held confidentially to the

fullest extent permitted by law.

(e) Nothing in this Act shall define or limit any rights

under the Reproductive Health Act.