|
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5143
Introduced 1/29/2010, by Rep. Michael G. Connelly SYNOPSIS AS INTRODUCED:
|
|
5 ILCS 140/7 |
from Ch. 116, par. 207 |
|
Amends the Freedom of Information Act. With respect to the exemption from disclosure for personal information, includes files and information relating to specified categories of service recipients, registrants and licensees, and program participants. Effective July 1, 2010.
|
|
| | |
|
|
|
|
A BILL FOR
|
|
|
|
|
HB5143 |
|
LRB096 17561 JAM 32918 b |
|
|
| 1 |
| AN ACT concerning government.
|
| 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 |
| (Text of Section before amendment by P.A. 96-736) |
| 8 |
| Sec. 7. Exemptions.
|
| 9 |
| (1) When a request is made to inspect or copy a public |
| 10 |
| record that contains information that is exempt from disclosure |
| 11 |
| under this Section, but also contains information that is not |
| 12 |
| exempt from disclosure, the public body may elect to redact the |
| 13 |
| information that is exempt. The public body shall make the |
| 14 |
| remaining information available for inspection and copying. |
| 15 |
| Subject to this requirement, the following shall be exempt from |
| 16 |
| inspection and copying:
|
| 17 |
| (a) Information specifically prohibited from |
| 18 |
| disclosure by federal or
State law or rules and regulations |
| 19 |
| implementing federal or State law.
|
| 20 |
| (b) Private information, unless disclosure is required |
| 21 |
| by another provision of this Act, a State or federal law or |
| 22 |
| a court order. |
| 23 |
| (b-5) Files, documents, and other data or databases |
|
|
|
HB5143 |
- 2 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| maintained by one or more law enforcement agencies and |
| 2 |
| specifically designed to provide information to one or more |
| 3 |
| law enforcement agencies regarding the physical or mental |
| 4 |
| status of one or more individual subjects. |
| 5 |
| (c) Personal information contained within public |
| 6 |
| records, the disclosure of which would constitute a clearly
|
| 7 |
| unwarranted invasion of personal privacy, unless the |
| 8 |
| disclosure is
consented to in writing by the individual |
| 9 |
| subjects of the information. "Unwarranted invasion of |
| 10 |
| personal privacy" means the disclosure of information that |
| 11 |
| is highly personal or objectionable to a reasonable person |
| 12 |
| and in which the subject's right to privacy outweighs any |
| 13 |
| legitimate public interest in obtaining the information. |
| 14 |
| The
disclosure of information that bears on the public |
| 15 |
| duties of public
employees and officials shall not be |
| 16 |
| considered an invasion of personal
privacy. Information |
| 17 |
| exempted under this paragraph (c) shall include but is not |
| 18 |
| limited to: |
| 19 |
| (i) Files and personal information maintained with |
| 20 |
| respect to clients, patients, residents, students, or |
| 21 |
| other individuals receiving social, medical, |
| 22 |
| educational, vocational, financial, supervisory, or |
| 23 |
| custodial care or services directly or indirectly from |
| 24 |
| federal agencies or public bodies. |
| 25 |
| (ii) Files and personal information maintained |
| 26 |
| with respect to any applicant, registrant, or licensee |
|
|
|
HB5143 |
- 3 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| by any public body cooperating with or engaged in |
| 2 |
| professional or occupational registration, licensure, |
| 3 |
| or discipline. |
| 4 |
| (iii) The names, addresses, or other personal |
| 5 |
| information of participants and registrants in park |
| 6 |
| district, forest preserve district, and conservation |
| 7 |
| district programs.
|
| 8 |
| (d) Records in the possession of any public body |
| 9 |
| created in the course of administrative enforcement
|
| 10 |
| proceedings, and any law enforcement or correctional |
| 11 |
| agency for
law enforcement purposes,
but only to the extent |
| 12 |
| that disclosure would:
|
| 13 |
| (i) interfere with pending or actually and |
| 14 |
| reasonably contemplated
law enforcement proceedings |
| 15 |
| conducted by any law enforcement or correctional
|
| 16 |
| agency that is the recipient of the request;
|
| 17 |
| (ii) interfere with active administrative |
| 18 |
| enforcement proceedings
conducted by the public body |
| 19 |
| that is the recipient of the request;
|
| 20 |
| (iii) create a substantial likelihood that a |
| 21 |
| person will be deprived of a fair trial or an impartial |
| 22 |
| hearing;
|
| 23 |
| (iv) unavoidably disclose the identity of a |
| 24 |
| confidential source, confidential information |
| 25 |
| furnished only by the confidential source, or persons |
| 26 |
| who file complaints with or provide information to |
|
|
|
HB5143 |
- 4 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| administrative, investigative, law enforcement, or |
| 2 |
| penal agencies; except that the identities of |
| 3 |
| witnesses to traffic accidents, traffic accident |
| 4 |
| reports, and rescue reports shall be provided by |
| 5 |
| agencies of local government, except when disclosure |
| 6 |
| would interfere with an active criminal investigation |
| 7 |
| conducted by the agency that is the recipient of the |
| 8 |
| request;
|
| 9 |
| (v) disclose unique or specialized investigative |
| 10 |
| techniques other than
those generally used and known or |
| 11 |
| disclose internal documents of
correctional agencies |
| 12 |
| related to detection, observation or investigation of
|
| 13 |
| incidents of crime or misconduct, and disclosure would |
| 14 |
| result in demonstrable harm to the agency or public |
| 15 |
| body that is the recipient of the request;
|
| 16 |
| (vi) endanger the life or physical safety of law |
| 17 |
| enforcement personnel
or any other person; or
|
| 18 |
| (vii) obstruct an ongoing criminal investigation |
| 19 |
| by the agency that is the recipient of the request.
|
| 20 |
| (e) Records that relate to or affect the security of |
| 21 |
| correctional
institutions and detention facilities.
|
| 22 |
| (f) Preliminary drafts, notes, recommendations, |
| 23 |
| memoranda and other
records in which opinions are |
| 24 |
| expressed, or policies or actions are
formulated, except |
| 25 |
| that a specific record or relevant portion of a
record |
| 26 |
| shall not be exempt when the record is publicly cited
and |
|
|
|
HB5143 |
- 5 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| identified by the head of the public body. The exemption |
| 2 |
| provided in
this paragraph (f) extends to all those records |
| 3 |
| of officers and agencies
of the General Assembly that |
| 4 |
| pertain to the preparation of legislative
documents.
|
| 5 |
| (g) Trade secrets and commercial or financial |
| 6 |
| information obtained from
a person or business where the |
| 7 |
| trade secrets or commercial or financial information are |
| 8 |
| furnished under a claim that they are
proprietary, |
| 9 |
| privileged or confidential, and that disclosure of the |
| 10 |
| trade
secrets or commercial or financial information would |
| 11 |
| cause competitive harm to the person or business, and only |
| 12 |
| insofar as the claim directly applies to the records |
| 13 |
| requested. |
| 14 |
| The information included under this exemption includes |
| 15 |
| all (i) All trade secrets and commercial or financial |
| 16 |
| information obtained by a public body, including a public |
| 17 |
| pension fund, from a private equity fund or a privately |
| 18 |
| held company within the investment portfolio of a private |
| 19 |
| equity fund as a result of either investing or evaluating a |
| 20 |
| potential investment of public funds in a private equity |
| 21 |
| fund. The exemption contained in this item does not apply |
| 22 |
| to the aggregate financial performance information of a |
| 23 |
| private equity fund, nor to the identity of the fund's |
| 24 |
| managers or general partners. The exemption contained in |
| 25 |
| this item does not apply to the identity of a privately |
| 26 |
| held company within the investment portfolio of a private |
|
|
|
HB5143 |
- 6 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| equity fund, unless the disclosure of the identity of a |
| 2 |
| privately held company may cause competitive harm. |
| 3 |
| Nothing contained in this
paragraph (g) shall be |
| 4 |
| construed to prevent a person or business from
consenting |
| 5 |
| to disclosure.
|
| 6 |
| (h) Proposals and bids for any contract, grant, or |
| 7 |
| agreement, including
information which if it were |
| 8 |
| disclosed would frustrate procurement or give
an advantage |
| 9 |
| to any person proposing to enter into a contractor |
| 10 |
| agreement
with the body, until an award or final selection |
| 11 |
| is made. Information
prepared by or for the body in |
| 12 |
| preparation of a bid solicitation shall be
exempt until an |
| 13 |
| award or final selection is made.
|
| 14 |
| (i) Valuable formulae,
computer geographic systems,
|
| 15 |
| designs, drawings and research data obtained or
produced by |
| 16 |
| any public body when disclosure could reasonably be |
| 17 |
| expected to
produce private gain or public loss.
The |
| 18 |
| exemption for "computer geographic systems" provided in |
| 19 |
| this paragraph
(i) does not extend to requests made by news |
| 20 |
| media as defined in Section 2 of
this Act when the |
| 21 |
| requested information is not otherwise exempt and the only
|
| 22 |
| purpose of the request is to access and disseminate |
| 23 |
| information regarding the
health, safety, welfare, or |
| 24 |
| legal rights of the general public.
|
| 25 |
| (j) The following information pertaining to |
| 26 |
| educational matters: |
|
|
|
HB5143 |
- 7 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| (i) test questions, scoring keys and other |
| 2 |
| examination data used to
administer an academic |
| 3 |
| examination;
|
| 4 |
| (ii) information received by a primary or |
| 5 |
| secondary school, college, or university under its |
| 6 |
| procedures for the evaluation of faculty members by |
| 7 |
| their academic peers; |
| 8 |
| (iii) information concerning a school or |
| 9 |
| university's adjudication of student disciplinary |
| 10 |
| cases, but only to the extent that disclosure would |
| 11 |
| unavoidably reveal the identity of the student; and |
| 12 |
| (iv) course materials or research materials used |
| 13 |
| by faculty members. |
| 14 |
| (k) Architects' plans, engineers' technical |
| 15 |
| submissions, and
other
construction related technical |
| 16 |
| documents for
projects not constructed or developed in |
| 17 |
| whole or in part with public funds
and the same for |
| 18 |
| projects constructed or developed with public funds, |
| 19 |
| including but not limited to power generating and |
| 20 |
| distribution stations and other transmission and |
| 21 |
| distribution facilities, water treatment facilities, |
| 22 |
| airport facilities, sport stadiums, convention centers, |
| 23 |
| and all government owned, operated, or occupied buildings, |
| 24 |
| but
only to the extent
that disclosure would compromise |
| 25 |
| security.
|
| 26 |
| (l) Minutes of meetings of public bodies closed to the
|
|
|
|
HB5143 |
- 8 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| public as provided in the Open Meetings Act until the |
| 2 |
| public body
makes the minutes available to the public under |
| 3 |
| Section 2.06 of the Open
Meetings Act.
|
| 4 |
| (m) Communications between a public body and an |
| 5 |
| attorney or auditor
representing the public body that would |
| 6 |
| not be subject to discovery in
litigation, and materials |
| 7 |
| prepared or compiled by or for a public body in
|
| 8 |
| anticipation of a criminal, civil or administrative |
| 9 |
| proceeding upon the
request of an attorney advising the |
| 10 |
| public body, and materials prepared or
compiled with |
| 11 |
| respect to internal audits of public bodies.
|
| 12 |
| (n) Records relating to a public body's adjudication of |
| 13 |
| employee grievances or disciplinary cases; however, this |
| 14 |
| exemption shall not extend to the final outcome of cases in |
| 15 |
| which discipline is imposed.
|
| 16 |
| (o) Administrative or technical information associated |
| 17 |
| with automated
data processing operations, including but |
| 18 |
| not limited to software,
operating protocols, computer |
| 19 |
| program abstracts, file layouts, source
listings, object |
| 20 |
| modules, load modules, user guides, documentation
|
| 21 |
| pertaining to all logical and physical design of |
| 22 |
| computerized systems,
employee manuals, and any other |
| 23 |
| information that, if disclosed, would
jeopardize the |
| 24 |
| security of the system or its data or the security of
|
| 25 |
| materials exempt under this Section.
|
| 26 |
| (p) Records relating to collective negotiating matters
|
|
|
|
HB5143 |
- 9 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| between public bodies and their employees or |
| 2 |
| representatives, except that
any final contract or |
| 3 |
| agreement shall be subject to inspection and copying.
|
| 4 |
| (q) Test questions, scoring keys, and other |
| 5 |
| examination data used to determine the qualifications of an |
| 6 |
| applicant for a license or employment.
|
| 7 |
| (r) The records, documents, and information relating |
| 8 |
| to real estate
purchase negotiations until those |
| 9 |
| negotiations have been completed or
otherwise terminated. |
| 10 |
| With regard to a parcel involved in a pending or
actually |
| 11 |
| and reasonably contemplated eminent domain proceeding |
| 12 |
| under the Eminent Domain Act, records, documents and
|
| 13 |
| information relating to that parcel shall be exempt except |
| 14 |
| as may be
allowed under discovery rules adopted by the |
| 15 |
| Illinois Supreme Court. The
records, documents and |
| 16 |
| information relating to a real estate sale shall be
exempt |
| 17 |
| until a sale is consummated.
|
| 18 |
| (s) Any and all proprietary information and records |
| 19 |
| related to the
operation of an intergovernmental risk |
| 20 |
| management association or
self-insurance pool or jointly |
| 21 |
| self-administered health and accident
cooperative or pool.
|
| 22 |
| Insurance or self insurance (including any |
| 23 |
| intergovernmental risk management association or self |
| 24 |
| insurance pool) claims, loss or risk management |
| 25 |
| information, records, data, advice or communications.
|
| 26 |
| (t) Information contained in or related to |
|
|
|
HB5143 |
- 10 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| examination, operating, or
condition reports prepared by, |
| 2 |
| on behalf of, or for the use of a public
body responsible |
| 3 |
| for the regulation or supervision of financial
|
| 4 |
| institutions or insurance companies, unless disclosure is |
| 5 |
| otherwise
required by State law.
|
| 6 |
| (u) Information that would disclose
or might lead to |
| 7 |
| the disclosure of
secret or confidential information, |
| 8 |
| codes, algorithms, programs, or private
keys intended to be |
| 9 |
| used to create electronic or digital signatures under the
|
| 10 |
| Electronic Commerce Security Act.
|
| 11 |
| (v) Vulnerability assessments, security measures, and |
| 12 |
| response policies
or plans that are designed to identify, |
| 13 |
| prevent, or respond to potential
attacks upon a community's |
| 14 |
| population or systems, facilities, or installations,
the |
| 15 |
| destruction or contamination of which would constitute a |
| 16 |
| clear and present
danger to the health or safety of the |
| 17 |
| community, but only to the extent that
disclosure could |
| 18 |
| reasonably be expected to jeopardize the effectiveness of |
| 19 |
| the
measures or the safety of the personnel who implement |
| 20 |
| them or the public.
Information exempt under this item may |
| 21 |
| include such things as details
pertaining to the |
| 22 |
| mobilization or deployment of personnel or equipment, to |
| 23 |
| the
operation of communication systems or protocols, or to |
| 24 |
| tactical operations.
|
| 25 |
| (w) (Blank). |
| 26 |
| (x) Maps and other records regarding the location or |
|
|
|
HB5143 |
- 11 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| security of generation, transmission, distribution, |
| 2 |
| storage, gathering,
treatment, or switching facilities |
| 3 |
| owned by a utility, by a power generator, or by the |
| 4 |
| Illinois Power Agency.
|
| 5 |
| (y) Information contained in or related to proposals, |
| 6 |
| bids, or negotiations related to electric power |
| 7 |
| procurement under Section 1-75 of the Illinois Power Agency |
| 8 |
| Act and Section 16-111.5 of the Public Utilities Act that |
| 9 |
| is determined to be confidential and proprietary by the |
| 10 |
| Illinois Power Agency or by the Illinois Commerce |
| 11 |
| Commission.
|
| 12 |
| (z) (tt) Information about students exempted from |
| 13 |
| disclosure under Sections 10-20.38 or 34-18.29 of the |
| 14 |
| School Code, and information about undergraduate students |
| 15 |
| enrolled at an institution of higher education exempted |
| 16 |
| from disclosure under Section 25 of the Illinois Credit |
| 17 |
| Card Marketing Act of 2009. |
| 18 |
| (2) A public record that is not in the possession of a |
| 19 |
| public body but is in the possession of a party with whom the |
| 20 |
| agency has contracted to perform a governmental function on |
| 21 |
| behalf of the public body, and that directly relates to the |
| 22 |
| governmental function and is not otherwise exempt under this |
| 23 |
| Act, shall be considered a public record of the public body, |
| 24 |
| for purposes of this Act. |
| 25 |
| (3) This Section does not authorize withholding of |
| 26 |
| information or limit the
availability of records to the public, |
|
|
|
HB5143 |
- 12 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| except as stated in this Section or
otherwise provided in this |
| 2 |
| Act.
|
| 3 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; |
| 4 |
| 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; |
| 5 |
| 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; |
| 6 |
| revised 9-25-09.)
|
| 7 |
| (Text of Section after amendment by P.A. 96-736) |
| 8 |
| Sec. 7. Exemptions.
|
| 9 |
| (1) When a request is made to inspect or copy a public |
| 10 |
| record that contains information that is exempt from disclosure |
| 11 |
| under this Section, but also contains information that is not |
| 12 |
| exempt from disclosure, the public body may elect to redact the |
| 13 |
| information that is exempt. The public body shall make the |
| 14 |
| remaining information available for inspection and copying. |
| 15 |
| Subject to this requirement, the following shall be exempt from |
| 16 |
| inspection and copying:
|
| 17 |
| (a) Information specifically prohibited from |
| 18 |
| disclosure by federal or
State law or rules and regulations |
| 19 |
| implementing federal or State law.
|
| 20 |
| (b) Private information, unless disclosure is required |
| 21 |
| by another provision of this Act, a State or federal law or |
| 22 |
| a court order. |
| 23 |
| (b-5) Files, documents, and other data or databases |
| 24 |
| maintained by one or more law enforcement agencies and |
| 25 |
| specifically designed to provide information to one or more |
|
|
|
HB5143 |
- 13 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| law enforcement agencies regarding the physical or mental |
| 2 |
| status of one or more individual subjects. |
| 3 |
| (c) Personal information contained within public |
| 4 |
| records, the disclosure of which would constitute a clearly
|
| 5 |
| unwarranted invasion of personal privacy, unless the |
| 6 |
| disclosure is
consented to in writing by the individual |
| 7 |
| subjects of the information. "Unwarranted invasion of |
| 8 |
| personal privacy" means the disclosure of information that |
| 9 |
| is highly personal or objectionable to a reasonable person |
| 10 |
| and in which the subject's right to privacy outweighs any |
| 11 |
| legitimate public interest in obtaining the information. |
| 12 |
| The
disclosure of information that bears on the public |
| 13 |
| duties of public
employees and officials shall not be |
| 14 |
| considered an invasion of personal
privacy. Information |
| 15 |
| exempted under this paragraph (c) shall include but is not |
| 16 |
| limited to: |
| 17 |
| (i) Files and personal information maintained with |
| 18 |
| respect to clients, patients, residents, students, or |
| 19 |
| other individuals receiving social, medical, |
| 20 |
| educational, vocational, financial, supervisory, or |
| 21 |
| custodial care or services directly or indirectly from |
| 22 |
| federal agencies or public bodies. |
| 23 |
| (ii) Files and personal information maintained |
| 24 |
| with respect to any applicant, registrant, or licensee |
| 25 |
| by any public body cooperating with or engaged in |
| 26 |
| professional or occupational registration, licensure, |
|
|
|
HB5143 |
- 14 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| or discipline. |
| 2 |
| (iii) The names, addresses, or other personal |
| 3 |
| information of participants and registrants in park |
| 4 |
| district, forest preserve district, and conservation |
| 5 |
| district programs.
|
| 6 |
| (d) Records in the possession of any public body |
| 7 |
| created in the course of administrative enforcement
|
| 8 |
| proceedings, and any law enforcement or correctional |
| 9 |
| agency for
law enforcement purposes,
but only to the extent |
| 10 |
| that disclosure would:
|
| 11 |
| (i) interfere with pending or actually and |
| 12 |
| reasonably contemplated
law enforcement proceedings |
| 13 |
| conducted by any law enforcement or correctional
|
| 14 |
| agency that is the recipient of the request;
|
| 15 |
| (ii) interfere with active administrative |
| 16 |
| enforcement proceedings
conducted by the public body |
| 17 |
| that is the recipient of the request;
|
| 18 |
| (iii) create a substantial likelihood that a |
| 19 |
| person will be deprived of a fair trial or an impartial |
| 20 |
| hearing;
|
| 21 |
| (iv) unavoidably disclose the identity of a |
| 22 |
| confidential source, confidential information |
| 23 |
| furnished only by the confidential source, or persons |
| 24 |
| who file complaints with or provide information to |
| 25 |
| administrative, investigative, law enforcement, or |
| 26 |
| penal agencies; except that the identities of |
|
|
|
HB5143 |
- 15 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| witnesses to traffic accidents, traffic accident |
| 2 |
| reports, and rescue reports shall be provided by |
| 3 |
| agencies of local government, except when disclosure |
| 4 |
| would interfere with an active criminal investigation |
| 5 |
| conducted by the agency that is the recipient of the |
| 6 |
| request;
|
| 7 |
| (v) disclose unique or specialized investigative |
| 8 |
| techniques other than
those generally used and known or |
| 9 |
| disclose internal documents of
correctional agencies |
| 10 |
| related to detection, observation or investigation of
|
| 11 |
| incidents of crime or misconduct, and disclosure would |
| 12 |
| result in demonstrable harm to the agency or public |
| 13 |
| body that is the recipient of the request;
|
| 14 |
| (vi) endanger the life or physical safety of law |
| 15 |
| enforcement personnel
or any other person; or
|
| 16 |
| (vii) obstruct an ongoing criminal investigation |
| 17 |
| by the agency that is the recipient of the request.
|
| 18 |
| (e) Records that relate to or affect the security of |
| 19 |
| correctional
institutions and detention facilities.
|
| 20 |
| (f) Preliminary drafts, notes, recommendations, |
| 21 |
| memoranda and other
records in which opinions are |
| 22 |
| expressed, or policies or actions are
formulated, except |
| 23 |
| that a specific record or relevant portion of a
record |
| 24 |
| shall not be exempt when the record is publicly cited
and |
| 25 |
| identified by the head of the public body. The exemption |
| 26 |
| provided in
this paragraph (f) extends to all those records |
|
|
|
HB5143 |
- 16 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| of officers and agencies
of the General Assembly that |
| 2 |
| pertain to the preparation of legislative
documents.
|
| 3 |
| (g) Trade secrets and commercial or financial |
| 4 |
| information obtained from
a person or business where the |
| 5 |
| trade secrets or commercial or financial information are |
| 6 |
| furnished under a claim that they are
proprietary, |
| 7 |
| privileged or confidential, and that disclosure of the |
| 8 |
| trade
secrets or commercial or financial information would |
| 9 |
| cause competitive harm to the person or business, and only |
| 10 |
| insofar as the claim directly applies to the records |
| 11 |
| requested. |
| 12 |
| The information included under this exemption includes |
| 13 |
| all (i) All trade secrets and commercial or financial |
| 14 |
| information obtained by a public body, including a public |
| 15 |
| pension fund, from a private equity fund or a privately |
| 16 |
| held company within the investment portfolio of a private |
| 17 |
| equity fund as a result of either investing or evaluating a |
| 18 |
| potential investment of public funds in a private equity |
| 19 |
| fund. The exemption contained in this item does not apply |
| 20 |
| to the aggregate financial performance information of a |
| 21 |
| private equity fund, nor to the identity of the fund's |
| 22 |
| managers or general partners. The exemption contained in |
| 23 |
| this item does not apply to the identity of a privately |
| 24 |
| held company within the investment portfolio of a private |
| 25 |
| equity fund, unless the disclosure of the identity of a |
| 26 |
| privately held company may cause competitive harm. |
|
|
|
HB5143 |
- 17 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| Nothing contained in this
paragraph (g) shall be |
| 2 |
| construed to prevent a person or business from
consenting |
| 3 |
| to disclosure.
|
| 4 |
| (h) Proposals and bids for any contract, grant, or |
| 5 |
| agreement, including
information which if it were |
| 6 |
| disclosed would frustrate procurement or give
an advantage |
| 7 |
| to any person proposing to enter into a contractor |
| 8 |
| agreement
with the body, until an award or final selection |
| 9 |
| is made. Information
prepared by or for the body in |
| 10 |
| preparation of a bid solicitation shall be
exempt until an |
| 11 |
| award or final selection is made.
|
| 12 |
| (i) Valuable formulae,
computer geographic systems,
|
| 13 |
| designs, drawings and research data obtained or
produced by |
| 14 |
| any public body when disclosure could reasonably be |
| 15 |
| expected to
produce private gain or public loss.
The |
| 16 |
| exemption for "computer geographic systems" provided in |
| 17 |
| this paragraph
(i) does not extend to requests made by news |
| 18 |
| media as defined in Section 2 of
this Act when the |
| 19 |
| requested information is not otherwise exempt and the only
|
| 20 |
| purpose of the request is to access and disseminate |
| 21 |
| information regarding the
health, safety, welfare, or |
| 22 |
| legal rights of the general public.
|
| 23 |
| (j) The following information pertaining to |
| 24 |
| educational matters: |
| 25 |
| (i) test questions, scoring keys and other |
| 26 |
| examination data used to
administer an academic |
|
|
|
HB5143 |
- 18 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| examination;
|
| 2 |
| (ii) information received by a primary or |
| 3 |
| secondary school, college, or university under its |
| 4 |
| procedures for the evaluation of faculty members by |
| 5 |
| their academic peers; |
| 6 |
| (iii) information concerning a school or |
| 7 |
| university's adjudication of student disciplinary |
| 8 |
| cases, but only to the extent that disclosure would |
| 9 |
| unavoidably reveal the identity of the student; and |
| 10 |
| (iv) course materials or research materials used |
| 11 |
| by faculty members. |
| 12 |
| (k) Architects' plans, engineers' technical |
| 13 |
| submissions, and
other
construction related technical |
| 14 |
| documents for
projects not constructed or developed in |
| 15 |
| whole or in part with public funds
and the same for |
| 16 |
| projects constructed or developed with public funds, |
| 17 |
| including but not limited to power generating and |
| 18 |
| distribution stations and other transmission and |
| 19 |
| distribution facilities, water treatment facilities, |
| 20 |
| airport facilities, sport stadiums, convention centers, |
| 21 |
| and all government owned, operated, or occupied buildings, |
| 22 |
| but
only to the extent
that disclosure would compromise |
| 23 |
| security.
|
| 24 |
| (l) Minutes of meetings of public bodies closed to the
|
| 25 |
| public as provided in the Open Meetings Act until the |
| 26 |
| public body
makes the minutes available to the public under |
|
|
|
HB5143 |
- 19 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| Section 2.06 of the Open
Meetings Act.
|
| 2 |
| (m) Communications between a public body and an |
| 3 |
| attorney or auditor
representing the public body that would |
| 4 |
| not be subject to discovery in
litigation, and materials |
| 5 |
| prepared or compiled by or for a public body in
|
| 6 |
| anticipation of a criminal, civil or administrative |
| 7 |
| proceeding upon the
request of an attorney advising the |
| 8 |
| public body, and materials prepared or
compiled with |
| 9 |
| respect to internal audits of public bodies.
|
| 10 |
| (n) Records relating to a public body's adjudication of |
| 11 |
| employee grievances or disciplinary cases; however, this |
| 12 |
| exemption shall not extend to the final outcome of cases in |
| 13 |
| which discipline is imposed.
|
| 14 |
| (o) Administrative or technical information associated |
| 15 |
| with automated
data processing operations, including but |
| 16 |
| not limited to software,
operating protocols, computer |
| 17 |
| program abstracts, file layouts, source
listings, object |
| 18 |
| modules, load modules, user guides, documentation
|
| 19 |
| pertaining to all logical and physical design of |
| 20 |
| computerized systems,
employee manuals, and any other |
| 21 |
| information that, if disclosed, would
jeopardize the |
| 22 |
| security of the system or its data or the security of
|
| 23 |
| materials exempt under this Section.
|
| 24 |
| (p) Records relating to collective negotiating matters
|
| 25 |
| between public bodies and their employees or |
| 26 |
| representatives, except that
any final contract or |
|
|
|
HB5143 |
- 20 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| agreement shall be subject to inspection and copying.
|
| 2 |
| (q) Test questions, scoring keys, and other |
| 3 |
| examination data used to determine the qualifications of an |
| 4 |
| applicant for a license or employment.
|
| 5 |
| (r) The records, documents, and information relating |
| 6 |
| to real estate
purchase negotiations until those |
| 7 |
| negotiations have been completed or
otherwise terminated. |
| 8 |
| With regard to a parcel involved in a pending or
actually |
| 9 |
| and reasonably contemplated eminent domain proceeding |
| 10 |
| under the Eminent Domain Act, records, documents and
|
| 11 |
| information relating to that parcel shall be exempt except |
| 12 |
| as may be
allowed under discovery rules adopted by the |
| 13 |
| Illinois Supreme Court. The
records, documents and |
| 14 |
| information relating to a real estate sale shall be
exempt |
| 15 |
| until a sale is consummated.
|
| 16 |
| (s) Any and all proprietary information and records |
| 17 |
| related to the
operation of an intergovernmental risk |
| 18 |
| management association or
self-insurance pool or jointly |
| 19 |
| self-administered health and accident
cooperative or pool.
|
| 20 |
| Insurance or self insurance (including any |
| 21 |
| intergovernmental risk management association or self |
| 22 |
| insurance pool) claims, loss or risk management |
| 23 |
| information, records, data, advice or communications.
|
| 24 |
| (t) Information contained in or related to |
| 25 |
| examination, operating, or
condition reports prepared by, |
| 26 |
| on behalf of, or for the use of a public
body responsible |
|
|
|
HB5143 |
- 21 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| for the regulation or supervision of financial
|
| 2 |
| institutions or insurance companies, unless disclosure is |
| 3 |
| otherwise
required by State law.
|
| 4 |
| (u) Information that would disclose
or might lead to |
| 5 |
| the disclosure of
secret or confidential information, |
| 6 |
| codes, algorithms, programs, or private
keys intended to be |
| 7 |
| used to create electronic or digital signatures under the
|
| 8 |
| Electronic Commerce Security Act.
|
| 9 |
| (v) Vulnerability assessments, security measures, and |
| 10 |
| response policies
or plans that are designed to identify, |
| 11 |
| prevent, or respond to potential
attacks upon a community's |
| 12 |
| population or systems, facilities, or installations,
the |
| 13 |
| destruction or contamination of which would constitute a |
| 14 |
| clear and present
danger to the health or safety of the |
| 15 |
| community, but only to the extent that
disclosure could |
| 16 |
| reasonably be expected to jeopardize the effectiveness of |
| 17 |
| the
measures or the safety of the personnel who implement |
| 18 |
| them or the public.
Information exempt under this item may |
| 19 |
| include such things as details
pertaining to the |
| 20 |
| mobilization or deployment of personnel or equipment, to |
| 21 |
| the
operation of communication systems or protocols, or to |
| 22 |
| tactical operations.
|
| 23 |
| (w) (Blank). |
| 24 |
| (x) Maps and other records regarding the location or |
| 25 |
| security of generation, transmission, distribution, |
| 26 |
| storage, gathering,
treatment, or switching facilities |
|
|
|
HB5143 |
- 22 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| owned by a utility, by a power generator, or by the |
| 2 |
| Illinois Power Agency.
|
| 3 |
| (y) Information contained in or related to proposals, |
| 4 |
| bids, or negotiations related to electric power |
| 5 |
| procurement under Section 1-75 of the Illinois Power Agency |
| 6 |
| Act and Section 16-111.5 of the Public Utilities Act that |
| 7 |
| is determined to be confidential and proprietary by the |
| 8 |
| Illinois Power Agency or by the Illinois Commerce |
| 9 |
| Commission.
|
| 10 |
| (z) (tt) Information about students exempted from |
| 11 |
| disclosure under Sections 10-20.38 or 34-18.29 of the |
| 12 |
| School Code, and information about undergraduate students |
| 13 |
| enrolled at an institution of higher education exempted |
| 14 |
| from disclosure under Section 25 of the Illinois Credit |
| 15 |
| Card Marketing Act of 2009. |
| 16 |
| (aa) (tt) Information the disclosure of which is
|
| 17 |
| exempted under the Viatical Settlements Act of 2009.
|
| 18 |
| (2) A public record that is not in the possession of a |
| 19 |
| public body but is in the possession of a party with whom the |
| 20 |
| agency has contracted to perform a governmental function on |
| 21 |
| behalf of the public body, and that directly relates to the |
| 22 |
| governmental function and is not otherwise exempt under this |
| 23 |
| Act, shall be considered a public record of the public body, |
| 24 |
| for purposes of this Act. |
| 25 |
| (3) This Section does not authorize withholding of |
| 26 |
| information or limit the
availability of records to the public, |
|
|
|
HB5143 |
- 23 - |
LRB096 17561 JAM 32918 b |
|
|
|
| 1 |
| except as stated in this Section or
otherwise provided in this |
| 2 |
| Act.
|
| 3 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; |
| 4 |
| 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; |
| 5 |
| 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; |
| 6 |
| 96-736, eff. 7-1-10; revised 9-25-09.)
|
| 7 |
| Section 95. No acceleration or delay. Where this Act makes |
| 8 |
| changes in a statute that is represented in this Act by text |
| 9 |
| that is not yet or no longer in effect (for example, a Section |
| 10 |
| represented by multiple versions), the use of that text does |
| 11 |
| not accelerate or delay the taking effect of (i) the changes |
| 12 |
| made by this Act or (ii) provisions derived from any other |
| 13 |
| Public Act.
|
| 14 |
| Section 99. Effective date. This Act takes effect July 1, |
| 15 |
| 2010.
|