94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0544

 

Introduced 2/17/2005, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7   from Ch. 116, par. 207

    Amends the Freedom of Information Act. Exempts from disclosure names, addresses, and other personal information of a public body's licensees, registrants, permittees, and utility customers, except when requested by news media. Effective immediately.


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A BILL FOR

 

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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     Sec. 7. Exemptions.
8     (1) The following shall be exempt from inspection and
9 copying:
10         (a) Information specifically prohibited from
11     disclosure by federal or State law or rules and regulations
12     adopted under federal or State law.
13         (b) Information that, if disclosed, would constitute a
14     clearly unwarranted invasion of personal privacy, unless
15     the disclosure is consented to in writing by the individual
16     subjects of the information. The disclosure of information
17     that bears on the public duties of public employees and
18     officials shall not be considered an invasion of personal
19     privacy. Information exempted under this subsection (b)
20     shall include but is not limited to:
21             (i) files and personal information maintained with
22         respect to clients, patients, residents, students or
23         other individuals receiving social, medical,
24         educational, vocational, financial, supervisory or
25         custodial care or services directly or indirectly from
26         federal agencies or public bodies;
27             (ii) personnel files and personal information
28         maintained with respect to employees, appointees or
29         elected officials of any public body or applicants for
30         those positions;
31             (iii) files and personal information maintained
32         with respect to any applicant, registrant or licensee

 

 

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1         by any public body cooperating with or engaged in
2         professional or occupational registration, licensure
3         or discipline;
4             (iv) information required of any taxpayer in
5         connection with the assessment or collection of any tax
6         unless disclosure is otherwise required by State
7         statute;
8             (v) information revealing the identity of persons
9         who file complaints with or provide information to
10         administrative, investigative, law enforcement or
11         penal agencies; provided, however, that identification
12         of witnesses to traffic accidents, traffic accident
13         reports, and rescue reports may be provided by agencies
14         of local government, except in a case for which a
15         criminal investigation is ongoing, without
16         constituting a clearly unwarranted per se invasion of
17         personal privacy under this subsection; and
18             (vi) the names, addresses, or other personal
19         information of participants and registrants in park
20         district, forest preserve district, and conservation
21         district programs; and .
22             (vii) the names, addresses, or other personal
23         information of a public body's licensees, registrants,
24         permittees, and utility customers; the exemption from
25         disclosure under this item does not apply to
26         information identifying individuals or groups that is
27         requested by news media.
28         (c) Records compiled by any public body for
29     administrative enforcement proceedings and any law
30     enforcement or correctional agency for law enforcement
31     purposes or for internal matters of a public body, but only
32     to the extent that disclosure would:
33             (i) interfere with pending or actually and
34         reasonably contemplated law enforcement proceedings
35         conducted by any law enforcement or correctional
36         agency;

 

 

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1             (ii) interfere with pending administrative
2         enforcement proceedings conducted by any public body;
3             (iii) deprive a person of a fair trial or an
4         impartial hearing;
5             (iv) unavoidably disclose the identity of a
6         confidential source or confidential information
7         furnished only by the confidential source;
8             (v) disclose unique or specialized investigative
9         techniques other than those generally used and known or
10         disclose internal documents of correctional agencies
11         related to detection, observation or investigation of
12         incidents of crime or misconduct;
13             (vi) constitute an invasion of personal privacy
14         under subsection (b) of this Section;
15             (vii) endanger the life or physical safety of law
16         enforcement personnel or any other person; or
17             (viii) obstruct an ongoing criminal investigation.
18         (d) Criminal history record information maintained by
19     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 information,
23         such as traditional arrest logs or blotters;
24             (ii) the name of a person in the custody of a law
25         enforcement agency and the charges for which that
26         person is being held;
27             (iii) court records that are public;
28             (iv) records that are otherwise available under
29         State or local law; or
30             (v) records in which the requesting party is the
31         individual identified, except as provided under part
32         (vii) of paragraph (c) of subsection (1) of this
33         Section.
34         "Criminal history record information" means data
35     identifiable to an individual and consisting of
36     descriptions or notations of arrests, detentions,

 

 

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1     indictments, informations, pre-trial proceedings, trials,
2     or other formal events in the criminal justice system or
3     descriptions or notations of criminal charges (including
4     criminal violations of local municipal ordinances) and the
5     nature of any disposition arising therefrom, including
6     sentencing, court or correctional supervision,
7     rehabilitation and release. The term does not apply to
8     statistical records and reports in which individuals are
9     not identified and from which their identities are not
10     ascertainable, or to information that is for criminal
11     investigative or intelligence purposes.
12         (e) Records that relate to or affect the security of
13     correctional institutions and detention facilities.
14         (f) Preliminary drafts, notes, recommendations,
15     memoranda and other records in which opinions are
16     expressed, or policies or actions are formulated, except
17     that a specific record or relevant portion of a record
18     shall not be exempt when the record is publicly cited and
19     identified by the head of the public body. The exemption
20     provided in this paragraph (f) extends to all those records
21     of officers and agencies of the General Assembly that
22     pertain to the preparation of legislative documents.
23         (g) Trade secrets and commercial or financial
24     information obtained from a person or business where the
25     trade secrets or information are proprietary, privileged
26     or confidential, or where disclosure of the trade secrets
27     or information may cause competitive harm, including all
28     information determined to be confidential under Section
29     4002 of the Technology Advancement and Development Act.
30     Nothing contained in this paragraph (g) shall be construed
31     to prevent a person or business from consenting to
32     disclosure.
33         (h) Proposals and bids for any contract, grant, or
34     agreement, including information which if it were
35     disclosed would frustrate procurement or give an advantage
36     to any person proposing to enter into a contractor

 

 

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1     agreement with the body, until an award or final selection
2     is made. Information prepared by or for the body in
3     preparation of a bid solicitation shall be exempt until an
4     award or final selection is made.
5         (i) Valuable formulae, computer geographic systems,
6     designs, drawings and research data obtained or produced by
7     any public body when disclosure could reasonably be
8     expected to produce private gain or public loss. The
9     exemption for "computer geographic systems" provided in
10     this paragraph (i) does not extend to requests made by news
11     media as defined in Section 2 of this Act when the
12     requested information is not otherwise exempt and the only
13     purpose of the request is to access and disseminate
14     information regarding the health, safety, welfare, or
15     legal rights of the general public.
16         (j) Test questions, scoring keys and other examination
17     data used to administer an academic examination or
18     determined the qualifications of an applicant for a license
19     or employment.
20         (k) Architects' plans, engineers' technical
21     submissions, and other construction related technical
22     documents for projects not constructed or developed in
23     whole or in part with public funds and the same for
24     projects constructed or developed with public funds, but
25     only to the extent that disclosure would compromise
26     security, including but not limited to water treatment
27     facilities, airport facilities, sport stadiums, convention
28     centers, and all government owned, operated, or occupied
29     buildings.
30         (l) Library circulation and order records identifying
31     library users with specific materials.
32         (m) Minutes of meetings of public bodies closed to the
33     public as provided in the Open Meetings Act until the
34     public body makes the minutes available to the public under
35     Section 2.06 of the Open Meetings Act.
36         (n) Communications between a public body and an

 

 

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1     attorney or auditor representing the public body that would
2     not be subject to discovery in litigation, and materials
3     prepared or compiled by or for a public body in
4     anticipation of a criminal, civil or administrative
5     proceeding upon the request of an attorney advising the
6     public body, and materials prepared or compiled with
7     respect to internal audits of public bodies.
8         (o) Information received by a primary or secondary
9     school, college or university under its procedures for the
10     evaluation of faculty members by their academic peers.
11         (p) Administrative or technical information associated
12     with automated data processing operations, including but
13     not limited to software, operating protocols, computer
14     program abstracts, file layouts, source listings, object
15     modules, load modules, user guides, documentation
16     pertaining to all logical and physical design of
17     computerized systems, employee manuals, and any other
18     information that, if disclosed, would jeopardize the
19     security of the system or its data or the security of
20     materials exempt under this Section.
21         (q) Documents or materials relating to collective
22     negotiating matters between public bodies and their
23     employees or representatives, except that any final
24     contract or agreement shall be subject to inspection and
25     copying.
26         (r) Drafts, notes, recommendations and memoranda
27     pertaining to the financing and marketing transactions of
28     the public body. The records of ownership, registration,
29     transfer, and exchange of municipal debt obligations, and
30     of persons to whom payment with respect to these
31     obligations is made.
32         (s) The records, documents and information relating to
33     real estate purchase negotiations until those negotiations
34     have been completed or otherwise terminated. With regard to
35     a parcel involved in a pending or actually and reasonably
36     contemplated eminent domain proceeding under Article VII

 

 

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1     of the Code of Civil Procedure, records, documents and
2     information relating to that parcel shall be exempt except
3     as may be allowed under discovery rules adopted by the
4     Illinois Supreme Court. The records, documents and
5     information relating to a real estate sale shall be exempt
6     until a sale is consummated.
7         (t) Any and all proprietary information and records
8     related to the operation of an intergovernmental risk
9     management association or self-insurance pool or jointly
10     self-administered health and accident cooperative or pool.
11         (u) Information concerning a university's adjudication
12     of student or employee grievance or disciplinary cases, to
13     the extent that disclosure would reveal the identity of the
14     student or employee and information concerning any public
15     body's adjudication of student or employee grievances or
16     disciplinary cases, except for the final outcome of the
17     cases.
18         (v) Course materials or research materials used by
19     faculty members.
20         (w) Information related solely to the internal
21     personnel rules and practices of a public body.
22         (x) Information contained in or related to
23     examination, operating, or condition reports prepared by,
24     on behalf of, or for the use of a public body responsible
25     for the regulation or supervision of financial
26     institutions or insurance companies, unless disclosure is
27     otherwise required by State law.
28         (y) Information the disclosure of which is restricted
29     under Section 5-108 of the Public Utilities Act.
30         (z) Manuals or instruction to staff that relate to
31     establishment or collection of liability for any State tax
32     or that relate to investigations by a public body to
33     determine violation of any criminal law.
34         (aa) Applications, related documents, and medical
35     records received by the Experimental Organ Transplantation
36     Procedures Board and any and all documents or other records

 

 

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1     prepared by the Experimental Organ Transplantation
2     Procedures Board or its staff relating to applications it
3     has received.
4         (bb) Insurance or self insurance (including any
5     intergovernmental risk management association or self
6     insurance pool) claims, loss or risk management
7     information, records, data, advice or communications.
8         (cc) Information and records held by the Department of
9     Public Health and its authorized representatives relating
10     to known or suspected cases of sexually transmissible
11     disease or any information the disclosure of which is
12     restricted under the Illinois Sexually Transmissible
13     Disease Control Act.
14         (dd) Information the disclosure of which is exempted
15     under Section 30 of the Radon Industry Licensing Act.
16         (ee) Firm performance evaluations under Section 55 of
17     the Architectural, Engineering, and Land Surveying
18     Qualifications Based Selection Act.
19         (ff) Security portions of system safety program plans,
20     investigation reports, surveys, schedules, lists, data, or
21     information compiled, collected, or prepared by or for the
22     Regional Transportation Authority under Section 2.11 of
23     the Regional Transportation Authority Act or the St. Clair
24     County Transit District under the Bi-State Transit Safety
25     Act.
26         (gg) Information the disclosure of which is restricted
27     and exempted under Section 50 of the Illinois Prepaid
28     Tuition Act.
29         (hh) Information the disclosure of which is exempted
30     under the State Officials and Employees Ethics Act.
31         (ii) Beginning July 1, 1999, information that would
32     disclose or might lead to the disclosure of secret or
33     confidential information, codes, algorithms, programs, or
34     private keys intended to be used to create electronic or
35     digital signatures under the Electronic Commerce Security
36     Act.

 

 

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1         (jj) Information contained in a local emergency energy
2     plan submitted to a municipality in accordance with a local
3     emergency energy plan ordinance that is adopted under
4     Section 11-21.5-5 of the Illinois Municipal Code.
5         (kk) Information and data concerning the distribution
6     of surcharge moneys collected and remitted by wireless
7     carriers under the Wireless Emergency Telephone Safety
8     Act.
9         (ll) 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         (mm) Maps and other records regarding the location or
24     security of a utility's generation, transmission,
25     distribution, storage, gathering, treatment, or switching
26     facilities.
27         (nn) Law enforcement officer identification
28     information or driver identification information compiled
29     by a law enforcement agency or the Department of
30     Transportation under Section 11-212 of the Illinois
31     Vehicle Code.
32         (oo) Records and information provided to a residential
33     health care facility resident sexual assault and death
34     review team or the Residential Health Care Facility
35     Resident Sexual Assault and Death Review Teams Executive
36     Council under the Residential Health Care Facility

 

 

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1     Resident Sexual Assault and Death Review Team Act.
2     (2) This Section does not authorize withholding of
3 information or limit the availability of records to the public,
4 except as stated in this Section or otherwise provided in this
5 Act.
6 (Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281,
7 eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43,
8 eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03;
9 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff.
10 8-21-03; 93-617, eff. 12-9-03.)
 
11     Section 99. Effective date. This Act takes effect upon
12 becoming law.