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Rep. Barbara Flynn Currie
Filed: 3/4/2009
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| AMENDMENT TO HOUSE BILL 1370
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| AMENDMENT NO. ______. Amend House Bill 1370 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Freedom of Information Act is amended by |
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| changing Sections 1, 2, 3, 4, 6, 7, 9, and 11 and by adding |
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| Sections 1.2, 1.3, 1.4, 3.5, 7.5, and 11.5 as follows:
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| (5 ILCS 140/1) (from Ch. 116, par. 201)
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| Sec. 1.
Pursuant to the fundamental philosophy of the |
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| American constitutional
form of government, it is declared to |
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| be the public policy of the State of
Illinois that all persons |
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| are entitled to full and complete information
regarding the |
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| affairs of government and the official acts and policies of
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| those who represent them as public officials and public |
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| employees consistent
with the terms of this Act. Such access is |
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| necessary to enable the people
to fulfill their duties of |
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| discussing public issues fully and freely, making
informed |
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| political judgments and monitoring government to ensure that it
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| is being conducted in the public interest.
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| The General Assembly hereby declares that it is the public |
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| policy of the State of Illinois that access by all persons to |
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| public records promotes the transparency and accountability of |
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| public bodies at all levels of government. It is a fundamental |
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| obligation of government to operate openly so that the public |
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| may scrutinize all public actions. This Act is not intended to |
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| be used to violate individual privacy, nor
for the purpose of |
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| furthering a commercial enterprise, or to disrupt the
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| duly-undertaken work of any public body independent of the |
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| fulfillment of
any of the fore-mentioned rights of the people |
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| to access to information.
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| This Act is not intended to create an obligation on the |
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| part of any public
body to maintain or prepare any public |
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| record which was not maintained or
prepared by such public body |
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| at the time when this Act becomes effective,
except as |
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| otherwise required by applicable local, State or federal law.
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| Restraints These restraints on access to information , to |
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| the extent permitted by this Act, are access should be seen as |
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| limited exceptions
to the principle general rule that the |
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| people of this State have a right to full disclosure of |
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| information relating to know the decisions,
policies, |
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| procedures, rules, standards, and other aspects of government
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| activity that affect the conduct of government and the lives of |
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| any or all
of the people. The provisions of this Act shall be |
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| construed in accordance with these principles to this end .
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| The General Assembly recognizes that this Act imposes |
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| fiscal obligations on public bodies to provide adequate staff |
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| and equipment to comply with its requirements. The General |
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| Assembly declares that providing records in compliance with the |
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| requirements of this Act is a primary duty of public bodies to |
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| the people of this State, and this Act should be construed to |
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| this end, fiscal obligations notwithstanding. |
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| The General Assembly further recognizes that technology |
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| may advance at a rate that outpaces its ability to address |
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| those advances legislatively. To the extent that this Act may |
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| not expressly apply to those technological advances, this Act |
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| should nonetheless be interpreted to further the declared |
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| policy of this Act that public records in any form or format |
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| shall be made available upon request except when denial of |
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| access furthers the public policy underlying a specific |
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| exemption. |
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| This Act shall be the exclusive State statute on freedom of |
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| information,
except to the extent that other State statutes |
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| might create additional restrictions
on disclosure of |
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| information or other laws in Illinois might create additional
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| obligations for disclosure of information to the public.
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| (Source: P.A. 83-1013.)
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| (5 ILCS 140/1.2 new) |
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| Sec. 1.2. Presumption. All records in the custody or |
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| possession of a public body are presumed to be open to |
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| inspection or copying. Any public body that asserts that a |
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| record is exempt from disclosure has the burden of proving that |
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| it is exempt by clear and convincing evidence. |
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| (5 ILCS 140/1.3 new) |
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| Sec. 1.3. Records of funds. All records relating to the |
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| obligation, receipt, and use of public funds of the State, |
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| units of local government, and school districts are public |
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| records available for inspection by the public pursuant to this |
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| Act. |
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| (5 ILCS 140/1.4 new) |
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| Sec. 1.4. Payrolls. Certified payroll records submitted to |
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| a public body under Section 6(a)(2) of the Prevailing Wage Act |
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| are public records subject to inspection and copying in |
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| accordance with the provisions of this Act; except that that |
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| contractors' employees' addresses, telephone numbers, and |
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| social security numbers must be redacted by the public body |
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| prior to disclosure.
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| (5 ILCS 140/2) (from Ch. 116, par. 202)
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| Sec. 2. Definitions. As used in this Act:
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| (a) "Public body" means all any legislative,
executive, |
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| administrative, or advisory bodies of the State, state |
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| universities
and colleges, counties, townships, cities, |
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| villages, incorporated towns,
school districts and all other |
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| municipal corporations,
boards, bureaus, committees, or |
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| commissions of this State, any
subsidiary
bodies of any of the |
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| foregoing including but not limited to committees and
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| subcommittees thereof which are supported in whole or in part |
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| by tax revenue, or
which expend tax revenue , and a School |
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| Finance Authority created under
Article 1E of the School Code.
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| "Public body" also means all elected or appointed officers of |
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| the State, State universities and colleges, counties, |
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| townships, cities, villages, incorporated towns, school |
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| districts, and all other municipal corporations, officers of |
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| any subsidiary bodies of any of the foregoing, and officers of |
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| any School Finance Authority created under Article 1E of the |
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| School Code. "Public body" does not include a child death |
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| review team
or the Illinois Child Death Review Teams
Executive |
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| Council
established under
the Child Death Review Team Act.
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| (b) "Person" means any individual, corporation, |
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| partnership, firm,
organization
or association, acting |
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| individually or as a group.
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| (c) "Public records" means all records, reports, forms, |
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| writings, letters,
memoranda, books, papers, maps, |
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| photographs, microfilms, cards, tapes,
recordings,
electronic |
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| data processing records, recorded information and all other
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| documentary
materials, regardless of physical form or |
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| characteristics, having been
prepared by , or having been or |
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| being used by , received by , in the possession of, possessed or |
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| under the
control
of
any public body pertaining to the |
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| transaction of public business, and that evidence the |
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| organization, function, policies, decisions, procedures, |
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| operations, or other activities of the public body. "Public |
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| records" includes all forms of electronic communications, |
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| including but not limited to electronic mail, instant messages, |
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| and text messages, sent or received or otherwise in the |
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| possession of any public body or public officer . "Public |
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| records" includes, but is expressly not limited
to: (i) |
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| administrative manuals, procedural rules, and instructions to |
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| staff,
unless exempted by Section 7(p) of this Act; (ii) final |
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| opinions and orders
made in the adjudication of cases, except |
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| an educational institution's
adjudication of
student or |
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| employee grievance or disciplinary cases; (iii) substantive |
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| rules;
(iv) statements and
interpretations of policy which have |
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| been adopted by a public body; (v)
final planning policies, |
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| recommendations, and decisions; (vi) factual reports,
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| inspection reports, and studies whether prepared by or for the |
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| public body;
(vii) all information in any account, voucher, or |
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| contract dealing with
the receipt or expenditure of public or |
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| other funds of public bodies; (viii)
the names, salaries, |
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| titles, and dates of employment of all employees and
officers |
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| of public bodies; (ix) materials containing opinions |
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| concerning
the rights of the state, the public, a subdivision |
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| of state or a local
government,
or of any private persons; (x) |
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| the name of every official and the final
records of voting in |
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| all proceedings of public bodies; (xi) applications
for any |
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| contract, permit, grant, or agreement except as exempted from
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| disclosure
by subsection (g) of Section 7 of this Act; (xii) |
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| each report, document,
study, or publication prepared by |
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| independent consultants or other independent
contractors for |
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| the public body; (xiii) all other information required by
law |
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| to be made available for public inspection or copying;
(xiv) |
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| information relating to any grant or contract made by or |
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| between a
public body and another public body or private |
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| organization; (xv)
waiver documents filed with the State |
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| Superintendent of Education or the
president of the University |
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| of Illinois under Section 30-12.5 of the School
Code, |
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| concerning nominees for
General Assembly scholarships under
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| Sections 30-9, 30-10, and 30-11 of the School Code; (xvi)
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| complaints,
results of complaints, and Department of Children |
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| and Family Services staff
findings of licensing violations at |
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| day care facilities, provided that personal
and identifying |
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| information is not released; and (xvii) records, reports,
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| forms, writings, letters, memoranda, books, papers, and other |
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| documentary
information, regardless of physical form or |
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| characteristics, having been
prepared, or having been or being |
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| used, received, possessed, or under the
control of the Illinois |
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| Sports Facilities Authority dealing with the receipt or
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| expenditure of public funds or other funds of the Authority in |
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| connection with
the reconstruction, renovation, remodeling, |
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| extension, or improvement of all or
substantially all of an |
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| existing "facility" as that term is defined in the
Illinois |
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| Sports Facilities Authority Act.
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| (d) "Criminal history record information" means data |
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| identifiable to an individual and consisting of descriptions or |
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| notations of arrests, detentions, indictments, informations, |
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| pre-trial proceedings, trials, or other formal events in the |
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| criminal justice system or descriptions or notations of |
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| criminal charges (including criminal violations of local |
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| municipal ordinances) and the nature of any disposition arising |
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| therefrom, including sentencing, court or correctional |
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| supervision, rehabilitation, and release. The term does not |
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| apply to statistical records and reports in which individuals |
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| are not identified and from which their identities are not |
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| ascertainable, or to information that is for criminal |
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| investigative or intelligence purposes. |
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| (e) (d) "Copying" means the reproduction of any public |
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| record by means of any
photographic, electronic, mechanical or |
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| other process, device or means now known or hereafter |
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| developed .
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| (e) "Head of the public body" means the president, mayor, |
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| chairman,
presiding
officer, director, superintendent, |
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| manager, supervisor or individual otherwise
holding primary |
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| executive and administrative authority for the public
body, or |
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| such person's duly authorized designee.
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| (f) "News media" means a newspaper or other periodical |
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| issued at regular
intervals whether in print or electronic |
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| format, a news service whether
in print or electronic format, a |
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| radio
station, a television station, a television network, a |
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| community
antenna television service, or a person or |
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| corporation engaged in making news
reels or other motion |
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| picture news for public showing.
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| (Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01; |
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| 92-468, eff.
8-22-01; 92-547, eff. 6-13-02; 92-651, eff. |
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| 7-11-02.)
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| (5 ILCS 140/3) (from Ch. 116, par. 203)
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| Sec. 3.
(a) Each public body shall make available to any |
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| person for
inspection or copying all public records, except as |
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| otherwise provided in
Section 7 of this Act.
Notwithstanding |
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| any other law, a public body may not grant to any person
or |
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| entity, whether by contract, license, or otherwise, the |
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| exclusive right to
access and disseminate any public record as |
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| defined in this Act.
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| (b) Subject to the fee provisions of Section 6 of this Act, |
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| each public
body shall promptly provide, to any person who |
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| submits a written request,
a copy of any public record required |
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| to be disclosed
by subsection (a) of this Section and shall |
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| certify such copy if so requested.
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| (c) Requests for inspection or for copies must be made in |
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| writing; however, the public body may not otherwise require |
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| that a request be submitted in a specific format. Written |
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| requests may be submitted to a public body via personal |
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| delivery, mail, telefax, electronic mail, or other means |
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| available to the public body. |
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| (d) (c) Each public body shall immediately , promptly, |
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| either comply with or deny a written
request to inspect or |
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| copy, or to obtain a copy of, for public records . If the |
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| requested records are not immediately accessible for |
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| inspection or copying, the request shall be complied with or |
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| denied within 5 working days after receipt of the request, |
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| unless the time for response may properly be extended under |
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| subsection (e) of this Section within 7 working days after its |
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| receipt . Denial
shall be in writing by letter as provided in |
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| Section 9 of this Act. Failure to comply with respond to
a |
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| written request within 5 working days 7 working days after its |
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| receipt or within any extension under subsection (e) of this |
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| Section shall constitute be considered a
waiver denial of the |
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| public body's right to assert exemptions request .
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| (e) (d) The time for response under limits prescribed in |
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| paragraph (c) of this Section may be
extended in each case for |
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| up to 10 not more than 7 additional working days from the |
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| receipt of the request for any
of the following reasons:
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| (i) the requested records are stored in whole or in |
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| part at other
locations
than the office having charge of |
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| the requested records;
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| (ii) the request requires the collection of a |
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| substantial number of
specified records;
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| (iii) the request is couched in categorical terms and |
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| requires an
extensive
search for the records responsive to |
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| it;
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| (iv) the requested records have not been located in the |
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| course of routine
search and additional efforts are being |
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| made to locate them;
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| (v) the requested records require examination and |
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| evaluation by personnel
having the necessary competence |
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| and discretion to determine if they are
exempt from |
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| disclosure under Section 7 of this Act or should be |
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| revealed
only with appropriate deletions;
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| (vi) the request for records cannot be complied with by |
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| the public body
within the time limits prescribed by |
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| paragraph (c) of this Section without
unduly burdening or |
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| interfering with the operations of the public body;
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| (vii) there is a need for consultation, which shall be |
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| conducted with all
practicable speed, with another public |
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| body or among two or more components
of a public body |
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| having a substantial interest in the determination or in
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| the subject matter of the request.
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| (f) (e) When additional time is required for any of the |
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| above reasons, the
public body shall , within 5 working days, |
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| notify by letter the person making the written request by the |
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| most expedient means available within
the time limits specified |
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| by paragraph (c) of this Section of the reasons
for the delay |
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| and the date by which the records will be made available or
a |
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| denial will be forthcoming. Failure In no instance, may the |
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| delay in processing
last longer than 7 working days. A failure |
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| to notify the person requesting records within 5 working days |
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| of the extension of time in which to respond, or to comply with |
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| or deny a request for records render a decision within
5 7 |
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| working days after having extended the time in which to |
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| respond, shall constitute be considered a waiver denial of the |
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| public body's right to assert exemptions request .
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| (g) (f) Requests calling for all records falling within a |
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| category shall be
complied with unless compliance with the |
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| request would be unduly burdensome
for the complying public |
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| body and there is no way to narrow the request and the
burden |
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| on the public body outweighs the public interest in the |
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| information.
Before invoking this exemption, the public body |
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| shall extend to the person
making the request an opportunity to |
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| confer with it in an attempt to reduce
the request to |
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| manageable proportions. If any body responds to a categorical
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| request by stating that compliance would unduly burden its |
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| operation and
the conditions described above are met, it shall |
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| do so in writing, specifying
the reasons why it would be unduly |
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| burdensome and the extent to which compliance
will so burden |
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| the operations of the public body. Such a response shall
be |
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| treated as a denial of the
request for information. Repeated |
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| requests for the same public records by
the same person shall |
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| be deemed unduly burdensome under this provision.
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| (h) (g) Each public body may promulgate rules and |
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| regulations in conformity
with the provisions of this Section |
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| pertaining to the availability of records
and procedures to be |
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| followed, including:
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| (i) the times and places where such records will be |
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| made available, and
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| (ii) the persons from whom such records may be |
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| obtained.
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| (Source: P.A. 90-206, eff. 7-25-97.)
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| (5 ILCS 140/3.5 new) |
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| Sec. 3.5. Freedom of Information officers. Each public body |
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| shall designate an official or employee to act as its Freedom |
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| of Information officer. The Freedom of Information officer |
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| shall receive requests submitted to the public body under this |
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| Act, direct those requests to appropriate persons within the |
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| public body or to appropriate persons in another public body, |
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| ensure that the public body responds to requests in a timely |
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| fashion, and issue final responses under this Act. |
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| Upon receiving a request for a public record, the Freedom |
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| of Information officer shall: |
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| (a) note the date of receipt on the written request; |
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| (b) compute the day on which the period for response will |
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| expire and make a notation of that date on the written request; |
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| (c) maintain an electronic or paper copy of a written |
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| request, including all documents submitted with the request |
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| until the request has been complied with or denied; and |
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| (d) create a file for the retention of the original |
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| request, a copy of the response, a record of written |
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| communications with the requester, and a copy of other |
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| communications.
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| (5 ILCS 140/4) (from Ch. 116, par. 204)
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| Sec. 4.
Each public body shall prominently display at each |
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| of its administrative
or regional offices,
make available for |
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| inspection and copying, and send through the mail if
requested, |
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| each of the following:
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| (a) A brief description of itself, which will include, but |
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| not be limited
to, a short summary of its purpose, a block |
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| diagram giving its functional
subdivisions, the total amount of |
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| its operating budget, the number and location
of all of its |
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| separate offices, the approximate number of full and part-time |
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| employees,
and the identification and membership of any board, |
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| commission, committee,
or council which operates in an advisory |
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| capacity relative to the operation
of the public body, or which |
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| exercises control over its policies or procedures,
or to which |
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| the public body is required to report and be answerable for
its |
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| operations; and
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| (b) A brief description by the Freedom of Information |
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| officer of the methods whereby the public may request
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| information and public records, a directory designating by |
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| titles and addresses
those employees to whom requests for |
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| public records should be directed,
and any fees allowable under |
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| Section 6 of this Act.
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| (c) A public body that has a website that the full-time |
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| staff of the public body maintains shall also post this |
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| information on its website. |
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| (Source: P.A. 83-1013.)
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| (5 ILCS 140/6) (from Ch. 116, par. 206)
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| Sec. 6. Authority to charge fees.
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| (a) When a person requests a copy of a record maintained in |
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| an electronic format, the public body shall furnish it in the |
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| electronic format specified by the requestor if practical. If |
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| the public body does not have the ability to furnish an |
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| electronic record in the requested electronic format, it shall |
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| furnish the record in the format in which it is maintained by |
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| the public body. A public body may charge the requestor for the |
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| actual cost of purchasing the recording medium, whether disc, |
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| diskette, tape, or other medium. A public body may not charge |
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| the requestor for the costs of any search for and review of the |
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| records or other personnel costs associated with reproducing |
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| the records. Except to the extent that General Assembly |
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| expressly provides, statutory fees applicable to copies of |
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| public records when furnished in a paper format shall not be |
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| applicable to those records when furnished in an electronic |
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| format. |
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| (b) (a) Except when a fee is otherwise fixed by statute, |
24 |
| each Each public body may charge fees
reasonably
calculated to
|
25 |
| reimburse
its actual cost for reproducing and certifying public |
|
|
|
09600HB1370ham001 |
- 16 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| records and for the
use, by any person, of the equipment of the |
2 |
| public body to copy records ; except that no fees shall be |
3 |
| charged for the first 25 pages of copies requested by a |
4 |
| requestor .
The fee for copies shall not exceed 15¢ per page |
5 |
| unless the public body first performs an acceptable cost study |
6 |
| demonstrating that its costs of reproduction exceed that |
7 |
| amount. In calculating its actual cost for reproducing records |
8 |
| or for the use of the equipment of the public body to reproduce |
9 |
| records, Such fees shall exclude the costs of any search for |
10 |
| and review of the records or other personnel costs associated |
11 |
| with reproducing the records record,
and shall not exceed the |
12 |
| actual cost of reproduction and certification,
unless |
13 |
| otherwise provided by State statute . Such fees shall be imposed
|
14 |
| according to a standard scale of fees, established and made |
15 |
| public by the
body imposing them. The cost for certifying a |
16 |
| record shall not exceed $1.
|
17 |
| (c) (b) Documents shall be furnished without charge or at a |
18 |
| reduced
charge, as determined by the public body, if the person |
19 |
| requesting the
documents states the specific purpose for the |
20 |
| request and indicates that a
waiver or reduction of the fee is |
21 |
| in the public interest. Waiver or
reduction of the fee is in |
22 |
| the public interest if the principal purpose of
the request is |
23 |
| to access and disseminate information regarding the health,
|
24 |
| safety and welfare or the legal rights of the general public |
25 |
| and is not for
the principal purpose of personal or commercial |
26 |
| benefit.
For purposes of this subsection, "commercial benefit" |
|
|
|
09600HB1370ham001 |
- 17 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| shall not apply to
requests
made by news media when the |
2 |
| principal purpose of the request is to access and
disseminate |
3 |
| information regarding the health, safety, and welfare or the |
4 |
| legal
rights of the general public.
In setting the
amount of |
5 |
| the waiver or reduction, the public body may take into
|
6 |
| consideration the amount of materials requested and the cost of |
7 |
| copying
them.
|
8 |
| (d) (c) The purposeful imposition of a fee not consistent |
9 |
| with subsections
(6)(a) and (b) of this Act constitutes shall |
10 |
| be considered a denial of access to public
records for the |
11 |
| purposes of judicial review.
|
12 |
| (d) The fee for an abstract of a driver's record shall be |
13 |
| as provided
in Section 6-118 of "The Illinois Vehicle Code", |
14 |
| approved September 29,
1969, as amended.
|
15 |
| (Source: P.A. 90-144, eff. 7-23-97.)
|
16 |
| (5 ILCS 140/7) (from Ch. 116, par. 207) |
17 |
| (Text of Section before amendment by P.A. 95-988 ) |
18 |
| Sec. 7. Exemptions.
|
19 |
| (1) When a request is made to inspect or copy a public |
20 |
| record that contains information that is exempted from |
21 |
| disclosure under this Section, but also contains information |
22 |
| that is not exempted from disclosure, the public body shall |
23 |
| redact the information that is exempted and make the remaining |
24 |
| information available for inspection and copying. Subject to |
25 |
| this requirement, the The following shall be exempt from |
|
|
|
09600HB1370ham001 |
- 18 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| inspection and copying:
|
2 |
| (a) Information specifically prohibited from |
3 |
| disclosure by federal or
State law or rules and regulations |
4 |
| adopted under federal or State law .
|
5 |
| (b) Information that, if disclosed, would constitute a |
6 |
| clearly
unwarranted invasion of personal privacy, unless |
7 |
| the disclosure is
consented to in writing by the individual |
8 |
| subjects of the information. The
disclosure of information |
9 |
| that bears on the public duties of public
employees and |
10 |
| officials shall not be considered an invasion of personal
|
11 |
| privacy. Information exempted under this subsection (b) |
12 |
| shall include but
is not limited to:
|
13 |
| (i) files and personal information maintained with |
14 |
| respect to
clients, patients, residents, students or |
15 |
| other individuals receiving
social, medical, |
16 |
| educational, vocational, financial, supervisory or
|
17 |
| custodial care or services directly or indirectly from |
18 |
| federal agencies
or public bodies;
|
19 |
| (ii) personnel files and personal information |
20 |
| maintained with
respect to employees, appointees or |
21 |
| elected officials of any public body or
applicants for |
22 |
| those positions;
|
23 |
| (iii) 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 |
|
|
|
09600HB1370ham001 |
- 19 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| or discipline;
|
2 |
| (iv) information required of any taxpayer in |
3 |
| connection with the
assessment or collection of any tax |
4 |
| unless disclosure is otherwise required
by State |
5 |
| statute;
|
6 |
| (v) information revealing the identity of persons |
7 |
| who file complaints
with or provide information to |
8 |
| administrative, investigative, law enforcement
or |
9 |
| penal agencies; provided, however, that identification |
10 |
| of witnesses to
traffic accidents, traffic accident |
11 |
| reports, and rescue reports may be provided
by agencies |
12 |
| of local government, except in a case for which a |
13 |
| criminal
investigation is ongoing, without |
14 |
| constituting a clearly unwarranted per se
invasion of |
15 |
| personal privacy under this subsection; and
|
16 |
| (vi) the names, addresses, or other personal |
17 |
| information of
participants and registrants in park |
18 |
| district, forest preserve district, and
conservation |
19 |
| district programs.
|
20 |
| (c) Records in the possession of compiled by any public |
21 |
| body created in the course of for administrative |
22 |
| enforcement
proceedings , and any law enforcement or |
23 |
| correctional agency for
law enforcement purposes , or for |
24 |
| internal matters of a public body,
but only to the extent |
25 |
| that disclosure would:
|
26 |
| (i) interfere with pending or actually and |
|
|
|
09600HB1370ham001 |
- 20 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| reasonably contemplated
law enforcement proceedings |
2 |
| conducted by any law enforcement or correctional
|
3 |
| agency , when an action has been filed and is pending |
4 |
| before a court or administrative tribunal, or when the |
5 |
| agency affirmatively asserts that such an action is |
6 |
| probable or imminent ;
|
7 |
| (ii) interfere with pending administrative |
8 |
| enforcement proceedings
conducted by any public body , |
9 |
| when an action on behalf of or affecting the public |
10 |
| body has been filed and is pending before a court or |
11 |
| administrative tribunal, or when the public body |
12 |
| affirmatively asserts that such an action is probable |
13 |
| or imminent ;
|
14 |
| (iii) that deprive a person will be deprived of a |
15 |
| fair trial or an impartial hearing;
|
16 |
| (iv) unavoidably disclose the identity of persons |
17 |
| who file complaints with or provide information to |
18 |
| administrative, investigative, law enforcement, or |
19 |
| penal agencies; except that the identities of |
20 |
| witnesses to traffic accidents, traffic accident |
21 |
| reports, and rescue reports shall be provided by |
22 |
| agencies of local government, except when disclosure |
23 |
| would interfere with an ongoing criminal investigation |
24 |
| a confidential source or
confidential information |
25 |
| furnished only by the confidential source ;
|
26 |
| (v) disclose unique or specialized investigative |
|
|
|
09600HB1370ham001 |
- 21 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| techniques other than
those generally used and known or |
2 |
| disclose internal documents of
correctional agencies |
3 |
| related to detection, observation or investigation of
|
4 |
| incidents of crime or misconduct , and disclosure would |
5 |
| result in demonstrable harm to the agency or public |
6 |
| body ;
|
7 |
| (vi) constitute an invasion of personal privacy |
8 |
| under subsection (b) of
this Section;
|
9 |
| (vi) (vii) endanger the life or physical safety of |
10 |
| law enforcement personnel
or any other person; or
|
11 |
| (viii) obstruct an ongoing criminal investigation.
|
12 |
| (d) Criminal history record information maintained by |
13 |
| State or local
criminal justice agencies, except the |
14 |
| following which shall be open for
public inspection and |
15 |
| copying:
|
16 |
| (i) chronologically maintained arrest information, |
17 |
| including the following information, which shall |
18 |
| immediately be furnished upon request and payment of |
19 |
| copying fees, if copies are requested, notwithstanding |
20 |
| the time limits otherwise provided for in Section 3 of |
21 |
| this Act such as traditional
arrest logs or blotters ;
|
22 |
| (A) information that identifies the |
23 |
| individual, including the name, age, address, and |
24 |
| photograph, when and if available; |
25 |
| (B) information detailing any charges relating |
26 |
| to the arrest; |
|
|
|
09600HB1370ham001 |
- 22 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| (C) the time and location of the arrest; |
2 |
| (D) the name of the investigating or arresting |
3 |
| law enforcement agency; |
4 |
| (E) if the individual is incarcerated, the |
5 |
| amount of any bail or bond; and |
6 |
| (F) if the individual is incarcerated, the |
7 |
| time and date that the individual was received, |
8 |
| discharged, or transferred from the arresting |
9 |
| agency's custody. |
10 |
| The information described in paragraphs (C), (D), (E), and |
11 |
| (F) of subsection (i), however, may be withheld from disclosure |
12 |
| if it is determined that disclosure would interfere with |
13 |
| pending or actually and reasonably contemplated law |
14 |
| enforcement proceedings conducted by any law enforcement or |
15 |
| correctional agency, endanger the life or physical safety of |
16 |
| law enforcement or correctional personnel or any other person, |
17 |
| or compromise the security of any correctional facility. |
18 |
| (ii) the name of a person in the custody of a law |
19 |
| enforcement agency and
the charges for which that |
20 |
| person is being held;
|
21 |
| (ii) (iii) court records and any other records that |
22 |
| are otherwise available to the public under State or |
23 |
| local law ;
or
|
24 |
| (iv) records that are otherwise available under |
25 |
| State or local law; or
|
26 |
| (iii) (v) records in which the requesting party is |
|
|
|
09600HB1370ham001 |
- 23 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| the individual
identified, except to the extent |
2 |
| exempted by as provided under part (vi) (vii) of
|
3 |
| paragraph (c) of subsection (1) of this Section.
|
4 |
| "Criminal history record information" means data |
5 |
| identifiable to an
individual and consisting of |
6 |
| descriptions or notations of arrests,
detentions, |
7 |
| indictments, informations, pre-trial proceedings, trials, |
8 |
| or
other formal events in the criminal justice system or |
9 |
| descriptions or
notations of criminal charges (including |
10 |
| criminal violations of local
municipal ordinances) and the |
11 |
| nature of any disposition arising therefrom,
including |
12 |
| sentencing, court or correctional supervision, |
13 |
| rehabilitation and
release. The term does not apply to |
14 |
| statistical records and reports in
which individuals are |
15 |
| not identified and from which
their identities are not |
16 |
| ascertainable, or to information that is for
criminal |
17 |
| investigative or intelligence purposes.
|
18 |
| (e) Records that relate to or affect the security of |
19 |
| correctional
institutions and detention facilities.
|
20 |
| (f) Preliminary documents, generated by the members, |
21 |
| employees, or officials of a public body, drafts, notes, |
22 |
| recommendations, memoranda and other
records in which |
23 |
| opinions are expressed, or policies or actions are
|
24 |
| formulated, except that a specific record or relevant |
25 |
| portion of a
record shall not be exempt when the record is |
26 |
| publicly referenced by an officer or member of the public |
|
|
|
09600HB1370ham001 |
- 24 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| body or referenced in or on the agenda of an open meeting |
2 |
| of a public body, or to the extent the record contains |
3 |
| factual information cited
and identified by the head of the |
4 |
| public body. The exemption provided in
this paragraph (f) |
5 |
| extends to all those records of officers and agencies
of |
6 |
| the General Assembly that pertain to the preparation of |
7 |
| legislative
documents.
|
8 |
| (g) Trade secrets and commercial or financial |
9 |
| information obtained from
a person or business where the |
10 |
| trade secrets or information are furnished under a claim |
11 |
| that they are
proprietary, privileged or confidential, and |
12 |
| that or where disclosure of the trade
secrets or financial |
13 |
| information would may cause competitive harm to the person |
14 |
| or business, and only insofar as the claim directly applies |
15 |
| to the records requested. , including: |
16 |
| (i) All
information determined to be confidential |
17 |
| under Section 4002 of the
Technology Advancement and |
18 |
| Development Act. |
19 |
| (i) (ii) All trade secrets and commercial or |
20 |
| financial information obtained by a public body, |
21 |
| including a public pension fund, from a private equity |
22 |
| fund or a privately held company within the investment |
23 |
| portfolio of a private equity fund as a result of |
24 |
| either investing or evaluating a potential investment |
25 |
| of public funds in a private equity fund. The exemption |
26 |
| contained in this item does not apply to the aggregate |
|
|
|
09600HB1370ham001 |
- 25 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| financial performance information of a private equity |
2 |
| fund, nor to the identity of the fund's managers or |
3 |
| general partners. The exemption contained in this item |
4 |
| does not apply to the identity of a privately held |
5 |
| company within the investment portfolio of a private |
6 |
| equity fund, unless the disclosure of the identity of a |
7 |
| privately held company may cause competitive harm.
|
8 |
| Nothing contained in this
paragraph (g) shall be construed |
9 |
| to prevent a person or business from
consenting to disclosure.
|
10 |
| (h) Proposals and bids for any contract, grant, or |
11 |
| agreement, including
information which if it were |
12 |
| disclosed would frustrate procurement or give
an advantage |
13 |
| to any person proposing to enter into a contractor |
14 |
| agreement
with the body, until an award or final selection |
15 |
| is made. Information
prepared by or for the body in |
16 |
| preparation of a bid solicitation shall be
exempt until an |
17 |
| award or final selection is made.
|
18 |
| (i) Valuable formulae,
computer geographic systems,
|
19 |
| designs, drawings and research data obtained or
produced by |
20 |
| any public body when disclosure could reasonably be |
21 |
| expected to
produce private gain or public loss.
The |
22 |
| exemption for "computer geographic systems" provided in |
23 |
| this paragraph
(i) does not extend to requests made by news |
24 |
| media as defined in Section 2 of
this Act when the |
25 |
| requested information is not otherwise exempt and the only
|
26 |
| purpose of the request is to access and disseminate |
|
|
|
09600HB1370ham001 |
- 26 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| information regarding the
health, safety, welfare, or |
2 |
| legal rights of the general public.
|
3 |
| (j) The following information pertaining to |
4 |
| educational matters: |
5 |
| (i) test Test questions, scoring keys and other |
6 |
| examination data used to
administer an academic |
7 |
| examination ; or determined the qualifications of an
|
8 |
| applicant for a license or employment.
|
9 |
| (ii) information received by a primary or |
10 |
| secondary school, college or university under its |
11 |
| procedures for the evaluation of faculty members by |
12 |
| their academic peers; |
13 |
| (iii) information concerning a school or |
14 |
| university's adjudication of student disciplinary |
15 |
| cases, but only to the extent that disclosure would |
16 |
| unavoidably reveal the identity of the student; and |
17 |
| (iv) course materials or research materials used |
18 |
| by faculty members. |
19 |
| (k) Architects' plans, engineers' technical |
20 |
| submissions, and
other
construction related technical |
21 |
| documents for
projects not constructed or developed in |
22 |
| whole or in part with public funds
and the same for |
23 |
| projects constructed or developed with public funds, |
24 |
| including but not limited to power generating and |
25 |
| distribution stations, water treatment facilities, airport |
26 |
| facilities, sport stadiums, convention centers, and all |
|
|
|
09600HB1370ham001 |
- 27 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| government owned, operated, or occupied buildings, but
|
2 |
| only to the extent
that disclosure would compromise |
3 |
| security , including but not limited to water
treatment |
4 |
| facilities, airport facilities, sport stadiums, convention |
5 |
| centers,
and all government owned, operated, or occupied |
6 |
| buildings .
|
7 |
| (l) Library circulation and order records identifying |
8 |
| library users with
specific materials.
|
9 |
| (l) (m) Minutes of meetings of public bodies closed to |
10 |
| the
public as provided in the Open Meetings Act until the |
11 |
| public body
makes the minutes available to the public under |
12 |
| Section 2.06 of the Open
Meetings Act.
|
13 |
| (m) (n) Communications between a public body and an |
14 |
| attorney or auditor
representing the public body that would |
15 |
| not be subject to discovery in
litigation, and materials |
16 |
| prepared or compiled by or for a public body in
|
17 |
| anticipation of a criminal, civil or administrative |
18 |
| proceeding upon the
request of an attorney advising the |
19 |
| public body, and materials prepared or
compiled with |
20 |
| respect to internal audits of public bodies.
|
21 |
| (n) (o) Records relating to a public body's |
22 |
| adjudication of employee grievances or disciplinary cases; |
23 |
| however, this exemption shall not extend to the final |
24 |
| outcome of cases in which discipline is imposed Information |
25 |
| received by a primary or secondary school, college or
|
26 |
| university under its procedures for the evaluation of |
|
|
|
09600HB1370ham001 |
- 28 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| faculty members by
their academic peers .
|
2 |
| (o) (p) Administrative or technical information |
3 |
| associated with automated
data processing operations, |
4 |
| including but not limited to software,
operating |
5 |
| protocols, computer program abstracts, file layouts, |
6 |
| source
listings, object modules, load modules, user |
7 |
| guides, documentation
pertaining to all logical and |
8 |
| physical design of computerized systems,
employee manuals, |
9 |
| and any other information that, if disclosed, would
|
10 |
| jeopardize the security of the system or its data or the |
11 |
| security of
materials exempt under this Section.
|
12 |
| (p) (q) Records Documents or materials relating to |
13 |
| collective negotiating matters
between public bodies and |
14 |
| their employees or representatives, except that
any final |
15 |
| contract or agreement shall be subject to inspection and |
16 |
| copying.
|
17 |
| (q) (r) Test questions, scoring keys, and other |
18 |
| examination data used to determine the qualifications of an |
19 |
| applicant for a license or employment. Drafts, notes, |
20 |
| recommendations and memoranda pertaining to the
financing |
21 |
| and marketing transactions of the public body. The records |
22 |
| of
ownership, registration, transfer, and exchange of |
23 |
| municipal debt
obligations, and of persons to whom payment |
24 |
| with respect to these obligations
is made.
|
25 |
| (r) (s) The records, documents and information |
26 |
| relating to real estate
purchase negotiations until those |
|
|
|
09600HB1370ham001 |
- 29 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| negotiations have been completed or
otherwise terminated. |
2 |
| With regard to a parcel involved in a pending or
actually |
3 |
| and reasonably contemplated eminent domain proceeding |
4 |
| under the Eminent Domain Act, records, documents and
|
5 |
| information relating to that parcel shall be exempt except |
6 |
| as may be
allowed under discovery rules adopted by the |
7 |
| Illinois Supreme Court. The
records, documents and |
8 |
| information relating to a real estate sale shall be
exempt |
9 |
| until a sale is consummated.
|
10 |
| (t) Any and all proprietary information and records |
11 |
| related to the
operation of an intergovernmental risk |
12 |
| management association or
self-insurance pool or jointly |
13 |
| self-administered health and accident
cooperative or pool.
|
14 |
| (u) Information concerning a university's adjudication |
15 |
| of student or
employee grievance or disciplinary cases, to |
16 |
| the extent that disclosure
would reveal the identity of the |
17 |
| student or employee and information
concerning any public |
18 |
| body's adjudication of student or employee grievances
or |
19 |
| disciplinary cases, except for the final outcome of the |
20 |
| cases.
|
21 |
| (v) Course materials or research materials used by |
22 |
| faculty members.
|
23 |
| (w) Information related solely to the internal |
24 |
| personnel rules and
practices of a public body.
|
25 |
| (s) (x) Information contained in or related to |
26 |
| examination, operating, or
condition reports prepared by, |
|
|
|
09600HB1370ham001 |
- 30 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| on behalf of, or for the use of a public
body responsible |
2 |
| for the regulation or supervision of financial
|
3 |
| institutions or insurance companies, unless disclosure is |
4 |
| otherwise
required by State law.
|
5 |
| (y) Information the disclosure of which is restricted |
6 |
| under Section
5-108 of the Public Utilities Act.
|
7 |
| (z) Manuals or instruction to staff that relate to |
8 |
| establishment or
collection of liability for any State tax |
9 |
| or that relate to investigations
by a public body to |
10 |
| determine violation of any criminal law.
|
11 |
| (aa) Applications, related documents, and medical |
12 |
| records received by
the Experimental Organ Transplantation |
13 |
| Procedures Board and any and all
documents or other records |
14 |
| prepared by the Experimental Organ
Transplantation |
15 |
| Procedures Board or its staff relating to applications
it |
16 |
| has received.
|
17 |
| (bb) Insurance or self insurance (including any |
18 |
| intergovernmental risk
management association or self |
19 |
| insurance pool) claims, loss or risk
management |
20 |
| information, records, data, advice or communications.
|
21 |
| (cc) Information and records held by the Department of |
22 |
| Public Health and
its authorized representatives relating |
23 |
| to known or suspected cases of
sexually transmissible |
24 |
| disease or any information the disclosure of which
is |
25 |
| restricted under the Illinois Sexually Transmissible |
26 |
| Disease Control Act.
|
|
|
|
09600HB1370ham001 |
- 31 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| (dd) Information the disclosure of which is exempted |
2 |
| under Section 30
of the Radon Industry Licensing Act.
|
3 |
| (ee) Firm performance evaluations under Section 55 of |
4 |
| the
Architectural, Engineering, and Land Surveying |
5 |
| Qualifications Based
Selection Act.
|
6 |
| (ff) Security portions of system safety program plans, |
7 |
| investigation
reports, surveys, schedules, lists, data, or |
8 |
| information compiled, collected,
or prepared by or for the |
9 |
| Regional Transportation Authority under Section 2.11
of |
10 |
| the Regional Transportation Authority Act or the St. Clair |
11 |
| County Transit
District under the
Bi-State Transit Safety |
12 |
| Act.
|
13 |
| (gg) Information the disclosure of which is restricted |
14 |
| and
exempted under Section 50 of the Illinois Prepaid |
15 |
| Tuition Act.
|
16 |
| (hh) Information the disclosure of which is
exempted |
17 |
| under the State Officials and Employees Ethics Act.
|
18 |
| (t) (ii) Information Beginning July 1, 1999, |
19 |
| information that would disclose
or might lead to the |
20 |
| disclosure of
secret or confidential information, codes, |
21 |
| algorithms, programs, or private
keys intended to be used |
22 |
| to create electronic or digital signatures under the
|
23 |
| Electronic Commerce Security Act.
|
24 |
| (u) (jj) Information contained in a local emergency |
25 |
| energy plan submitted to
a municipality in accordance with |
26 |
| a local emergency energy plan ordinance that
is adopted |
|
|
|
09600HB1370ham001 |
- 32 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| under Section 11-21.5-5 of the Illinois Municipal Code.
|
2 |
| (kk) Information and data concerning the distribution |
3 |
| of
surcharge moneys collected and remitted by wireless |
4 |
| carriers under the Wireless
Emergency Telephone Safety |
5 |
| Act.
|
6 |
| (v) (ll) Vulnerability assessments, security measures, |
7 |
| and response policies
or plans that are designed to |
8 |
| identify, prevent, or respond to potential
attacks upon a |
9 |
| community's population or systems, facilities, or |
10 |
| installations,
the destruction or contamination of which |
11 |
| would constitute a clear and present
danger to the health |
12 |
| or safety of the community, but only to the extent that
|
13 |
| disclosure could reasonably be expected to jeopardize the |
14 |
| effectiveness of the
measures or the safety of the |
15 |
| personnel who implement them or the public.
Information |
16 |
| exempt under this item may include such things as details
|
17 |
| pertaining to the mobilization or deployment of personnel |
18 |
| or equipment, to the
operation of communication systems or |
19 |
| protocols, or to tactical operations.
|
20 |
| (w) (mm) Maps and other records regarding the location |
21 |
| or security of generation, transmission, distribution, |
22 |
| storage, gathering,
treatment, or switching facilities |
23 |
| owned by a utility or by the Illinois Power Agency.
|
24 |
| (nn) Law enforcement officer identification |
25 |
| information or
driver
identification
information compiled |
26 |
| by a law enforcement agency or the Department of
|
|
|
|
09600HB1370ham001 |
- 33 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| Transportation
under Section 11-212 of the Illinois |
2 |
| Vehicle Code.
|
3 |
| (oo) Records and information provided to a residential
|
4 |
| health care
facility resident sexual assault
and death |
5 |
| review team or the Executive Council under the Abuse |
6 |
| Prevention Review Team Act.
|
7 |
| (pp) Information provided to the predatory lending |
8 |
| database created pursuant to Article 3 of the Residential |
9 |
| Real Property Disclosure Act, except to the extent |
10 |
| authorized under that Article.
|
11 |
| (qq) Defense budgets and petitions for certification |
12 |
| of compensation and expenses for court appointed trial |
13 |
| counsel as provided under Sections 10 and 15 of the Capital |
14 |
| Crimes Litigation Act. This subsection (qq) shall apply |
15 |
| until the conclusion of the trial of the case, even if the |
16 |
| prosecution chooses not to pursue the death penalty prior |
17 |
| to trial or sentencing.
|
18 |
| (x) (rr) Information contained in or related to |
19 |
| proposals, bids, or negotiations related to electric power |
20 |
| procurement under Section 1-75 of the Illinois Power Agency |
21 |
| Act and Section 16-111.5 of the Public Utilities Act that |
22 |
| is determined to be confidential and proprietary by the |
23 |
| Illinois Power Agency or by the Illinois Commerce |
24 |
| Commission.
|
25 |
| (ss) Information that is prohibited from being |
26 |
| disclosed under Section 4 of the Illinois Health and |
|
|
|
09600HB1370ham001 |
- 34 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| Hazardous Substances Registry Act. |
2 |
| (2) A public record that is not in the possession of a |
3 |
| public body but is in the possession of a party with whom the |
4 |
| agency has contracted to perform a governmental function on |
5 |
| behalf of the public body, and that directly relates to the |
6 |
| governmental function and is not otherwise exempt under this |
7 |
| Act, shall be considered a public record of the public body, |
8 |
| for purposes of this Act. |
9 |
| (3) (2) This Section does not authorize withholding of |
10 |
| information or limit the
availability of records to the public, |
11 |
| except as stated in this Section or
otherwise provided in this |
12 |
| Act.
|
13 |
| (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, |
14 |
| eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; |
15 |
| 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. |
16 |
| 8-28-07; 95-941, eff. 8-29-08.)
|
17 |
| (Text of Section after amendment by P.A. 95-988 ) |
18 |
| Sec. 7. Exemptions.
|
19 |
| (1) When a request is made to inspect or copy a public |
20 |
| record that contains information that is exempted from |
21 |
| disclosure under this Section, but also contains information |
22 |
| that is not exempted from disclosure, the public body shall |
23 |
| redact the information that is exempted and make the remaining |
24 |
| information available for inspection and copying. Subject to |
25 |
| this requirement, the The following shall be exempt from |
|
|
|
09600HB1370ham001 |
- 35 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| inspection and copying:
|
2 |
| (a) Information specifically prohibited from |
3 |
| disclosure by federal or
State law or rules and regulations |
4 |
| adopted under federal or State law .
|
5 |
| (b) Information that, if disclosed, would constitute a |
6 |
| clearly
unwarranted invasion of personal privacy, unless |
7 |
| the disclosure is
consented to in writing by the individual |
8 |
| subjects of the information. The
disclosure of information |
9 |
| that bears on the public duties of public
employees and |
10 |
| officials shall not be considered an invasion of personal
|
11 |
| privacy. Information exempted under this subsection (b) |
12 |
| shall include but
is not limited to:
|
13 |
| (i) files and personal information maintained with |
14 |
| respect to
clients, patients, residents, students or |
15 |
| other individuals receiving
social, medical, |
16 |
| educational, vocational, financial, supervisory or
|
17 |
| custodial care or services directly or indirectly from |
18 |
| federal agencies
or public bodies;
|
19 |
| (ii) personnel files and personal information |
20 |
| maintained with
respect to employees, appointees or |
21 |
| elected officials of any public body or
applicants for |
22 |
| those positions;
|
23 |
| (iii) 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 |
|
|
|
09600HB1370ham001 |
- 36 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| or discipline;
|
2 |
| (iv) information required of any taxpayer in |
3 |
| connection with the
assessment or collection of any tax |
4 |
| unless disclosure is otherwise required
by State |
5 |
| statute;
|
6 |
| (v) information revealing the identity of persons |
7 |
| who file complaints
with or provide information to |
8 |
| administrative, investigative, law enforcement
or |
9 |
| penal agencies; provided, however, that identification |
10 |
| of witnesses to
traffic accidents, traffic accident |
11 |
| reports, and rescue reports may be provided
by agencies |
12 |
| of local government, except in a case for which a |
13 |
| criminal
investigation is ongoing, without |
14 |
| constituting a clearly unwarranted per se
invasion of |
15 |
| personal privacy under this subsection;
|
16 |
| (vi) the names, addresses, or other personal |
17 |
| information of
participants and registrants in park |
18 |
| district, forest preserve district, and
conservation |
19 |
| district programs; and
|
20 |
| (vii) the Notarial Record or other medium |
21 |
| containing the thumbprint or fingerprint required by |
22 |
| Section 3-102(c)(6) of the Illinois Notary Public Act. |
23 |
| (c) Records in the possession of compiled by any public |
24 |
| body created in the course of for administrative |
25 |
| enforcement
proceedings , and any law enforcement or |
26 |
| correctional agency for
law enforcement purposes , or for |
|
|
|
09600HB1370ham001 |
- 37 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| internal matters of a public body,
but only to the extent |
2 |
| that disclosure would:
|
3 |
| (i) interfere with pending or actually and |
4 |
| reasonably contemplated
law enforcement proceedings |
5 |
| conducted by any law enforcement or correctional
|
6 |
| agency , when an action has been filed and is pending |
7 |
| before a court or administrative tribunal, or when the |
8 |
| agency affirmatively asserts that such an action is |
9 |
| probable or imminent ;
|
10 |
| (ii) interfere with pending administrative |
11 |
| enforcement proceedings
conducted by any public body , |
12 |
| when an action on behalf of or affecting the public |
13 |
| body has been filed and is pending before a court or |
14 |
| administrative tribunal, or when the public body |
15 |
| affirmatively asserts that such an action is probable |
16 |
| or imminent ;
|
17 |
| (iii) that deprive a person will be deprived of a |
18 |
| fair trial or an impartial hearing;
|
19 |
| (iv) unavoidably disclose the identity of persons |
20 |
| who file complaints with or provide information to |
21 |
| administrative, investigative, law enforcement, or |
22 |
| penal agencies; except that the identities of |
23 |
| witnesses to traffic accidents, traffic accident |
24 |
| reports, and rescue reports shall be provided by |
25 |
| agencies of local government, except when disclosure |
26 |
| would interfere with an ongoing criminal investigation |
|
|
|
09600HB1370ham001 |
- 38 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| a confidential source or
confidential information |
2 |
| furnished only by the confidential source ;
|
3 |
| (v) disclose unique or specialized investigative |
4 |
| techniques other than
those generally used and known or |
5 |
| disclose internal documents of
correctional agencies |
6 |
| related to detection, observation or investigation of
|
7 |
| incidents of crime or misconduct , and disclosure would |
8 |
| result in demonstrable harm to the agency or public |
9 |
| body ;
|
10 |
| (vi) constitute an invasion of personal privacy |
11 |
| under subsection (b) of
this Section;
|
12 |
| (vi) (vii) endanger the life or physical safety of |
13 |
| law enforcement personnel
or any other person; or
|
14 |
| (viii) obstruct an ongoing criminal investigation.
|
15 |
| (d) Criminal history record information maintained by |
16 |
| State or local
criminal justice agencies, except the |
17 |
| following which shall be open for
public inspection and |
18 |
| copying:
|
19 |
| (i) chronologically maintained arrest information, |
20 |
| including the following information, which shall |
21 |
| immediately be furnished upon request and payment of |
22 |
| copying fees, if copies are requested, notwithstanding |
23 |
| the time limits otherwise provided for in Section 3 of |
24 |
| this Act such as traditional
arrest logs or blotters ;
|
25 |
| (A) information that identifies the |
26 |
| individual, including the name, age, address, and |
|
|
|
09600HB1370ham001 |
- 39 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| photograph, when and if available; |
2 |
| (B) information detailing any charges relating |
3 |
| to the arrest; |
4 |
| (C) the time and location of the arrest; |
5 |
| (D) the name of the investigating or arresting |
6 |
| law enforcement agency; |
7 |
| (E) if the individual is incarcerated, the |
8 |
| amount of any bail or bond; and |
9 |
| (F) if the individual is incarcerated, the |
10 |
| time and date that the individual was received, |
11 |
| discharged, or transferred from the arresting |
12 |
| agency's custody. |
13 |
| The information described in paragraphs (C), (D), (E), and |
14 |
| (F) of subsection (i), however, may be withheld from disclosure |
15 |
| if it is determined that disclosure would interfere with |
16 |
| pending or actually and reasonably contemplated law |
17 |
| enforcement proceedings conducted by any law enforcement or |
18 |
| correctional agency, endanger the life or physical safety of |
19 |
| law enforcement or correctional personnel or any other person, |
20 |
| or compromise the security of any correctional facility. |
21 |
| (ii) the name of a person in the custody of a law |
22 |
| enforcement agency and
the charges for which that |
23 |
| person is being held;
|
24 |
| (ii) (iii) court records and any other records that |
25 |
| are otherwise available to the public under State or |
26 |
| local law ;
or
|
|
|
|
09600HB1370ham001 |
- 40 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| (iv) records that are otherwise available under |
2 |
| State or local law; or
|
3 |
| (iii) (v) records in which the requesting party is |
4 |
| the individual
identified, except to the extent |
5 |
| exempted by as provided under part (vi) (vii) of
|
6 |
| paragraph (c) of subsection (1) of this Section.
|
7 |
| "Criminal history record information" means data |
8 |
| identifiable to an
individual and consisting of |
9 |
| descriptions or notations of arrests,
detentions, |
10 |
| indictments, informations, pre-trial proceedings, trials, |
11 |
| or
other formal events in the criminal justice system or |
12 |
| descriptions or
notations of criminal charges (including |
13 |
| criminal violations of local
municipal ordinances) and the |
14 |
| nature of any disposition arising therefrom,
including |
15 |
| sentencing, court or correctional supervision, |
16 |
| rehabilitation and
release. The term does not apply to |
17 |
| statistical records and reports in
which individuals are |
18 |
| not identified and from which
their identities are not |
19 |
| ascertainable, or to information that is for
criminal |
20 |
| investigative or intelligence purposes.
|
21 |
| (e) Records that relate to or affect the security of |
22 |
| correctional
institutions and detention facilities.
|
23 |
| (f) Preliminary documents, generated by the members, |
24 |
| employees or officials of a public body, drafts, notes, |
25 |
| recommendations, memoranda and other
records in which |
26 |
| opinions are expressed, or policies or actions are
|
|
|
|
09600HB1370ham001 |
- 41 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| formulated, except that a specific record or relevant |
2 |
| portion of a
record shall not be exempt when the record is |
3 |
| publicly referenced by an officer or member of the public |
4 |
| body or referenced in or on the agenda of an open meeting |
5 |
| of a public body, or to the extent the record contains |
6 |
| factual information cited
and identified by the head of the |
7 |
| public body. The exemption provided in
this paragraph (f) |
8 |
| extends to all those records of officers and agencies
of |
9 |
| the General Assembly that pertain to the preparation of |
10 |
| legislative
documents.
|
11 |
| (g) Trade secrets and commercial or financial |
12 |
| information obtained from
a person or business where the |
13 |
| trade secrets or information are furnished under a claim |
14 |
| that they are
proprietary, privileged or confidential, and |
15 |
| that or where disclosure of the trade
secrets or financial |
16 |
| information would may cause competitive harm to the person |
17 |
| or business, and only insofar as the claim directly applies |
18 |
| to the records requested. , including: |
19 |
| (i) All
information determined to be confidential |
20 |
| under Section 4002 of the
Technology Advancement and |
21 |
| Development Act. |
22 |
| (i) (ii) All trade secrets and commercial or |
23 |
| financial information obtained by a public body, |
24 |
| including a public pension fund, from a private equity |
25 |
| fund or a privately held company within the investment |
26 |
| portfolio of a private equity fund as a result of |
|
|
|
09600HB1370ham001 |
- 42 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| either investing or evaluating a potential investment |
2 |
| of public funds in a private equity fund. The exemption |
3 |
| contained in this item does not apply to the aggregate |
4 |
| financial performance information of a private equity |
5 |
| fund, nor to the identity of the fund's managers or |
6 |
| general partners. The exemption contained in this item |
7 |
| does not apply to the identity of a privately held |
8 |
| company within the investment portfolio of a private |
9 |
| equity fund, unless the disclosure of the identity of a |
10 |
| privately held company may cause competitive harm.
|
11 |
| Nothing contained in this
paragraph (g) shall be construed |
12 |
| to prevent a person or business from
consenting to disclosure.
|
13 |
| (h) Proposals and bids for any contract, grant, or |
14 |
| agreement, including
information which if it were |
15 |
| disclosed would frustrate procurement or give
an advantage |
16 |
| to any person proposing to enter into a contractor |
17 |
| agreement
with the body, until an award or final selection |
18 |
| is made. Information
prepared by or for the body in |
19 |
| preparation of a bid solicitation shall be
exempt until an |
20 |
| award or final selection is made.
|
21 |
| (i) Valuable formulae,
computer geographic systems,
|
22 |
| designs, drawings and research data obtained or
produced by |
23 |
| any public body when disclosure could reasonably be |
24 |
| expected to
produce private gain or public loss.
The |
25 |
| exemption for "computer geographic systems" provided in |
26 |
| this paragraph
(i) does not extend to requests made by news |
|
|
|
09600HB1370ham001 |
- 43 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| media as defined in Section 2 of
this Act when the |
2 |
| requested information is not otherwise exempt and the only
|
3 |
| purpose of the request is to access and disseminate |
4 |
| information regarding the
health, safety, welfare, or |
5 |
| legal rights of the general public.
|
6 |
| (j) The following information pertaining to |
7 |
| educational matters: |
8 |
| (i) test Test questions, scoring keys and other |
9 |
| examination data used to
administer an academic |
10 |
| examination ; or determined the qualifications of an
|
11 |
| applicant for a license or employment.
|
12 |
| (ii) information received by a primary or |
13 |
| secondary school, college, or university under its |
14 |
| procedures for the evaluation of faculty members by |
15 |
| their academic peers; |
16 |
| (iii) information concerning a school or |
17 |
| university's adjudication of student disciplinary |
18 |
| cases, but only to the extent that disclosure would |
19 |
| unavoidably reveal the identity of the student; and |
20 |
| (iv) course materials or research materials used |
21 |
| by faculty members. |
22 |
| (k) Architects' plans, engineers' technical |
23 |
| submissions, and
other
construction related technical |
24 |
| documents for
projects not constructed or developed in |
25 |
| whole or in part with public funds
and the same for |
26 |
| projects constructed or developed with public funds, |
|
|
|
09600HB1370ham001 |
- 44 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| including but not limited to power generating and |
2 |
| distribution stations, water treatment facilities, airport |
3 |
| facilities, sport stadiums, convention centers, and all |
4 |
| government owned, operated, or occupied buildings, but
|
5 |
| only to the extent
that disclosure would compromise |
6 |
| security , including but not limited to water
treatment |
7 |
| facilities, airport facilities, sport stadiums, convention |
8 |
| centers,
and all government owned, operated, or occupied |
9 |
| buildings .
|
10 |
| (l) Library circulation and order records identifying |
11 |
| library users with
specific materials.
|
12 |
| (l) (m) Minutes of meetings of public bodies closed to |
13 |
| the
public as provided in the Open Meetings Act until the |
14 |
| public body
makes the minutes available to the public under |
15 |
| Section 2.06 of the Open
Meetings Act.
|
16 |
| (m) (n) Communications between a public body and an |
17 |
| attorney or auditor
representing the public body that would |
18 |
| not be subject to discovery in
litigation, and materials |
19 |
| prepared or compiled by or for a public body in
|
20 |
| anticipation of a criminal, civil or administrative |
21 |
| proceeding upon the
request of an attorney advising the |
22 |
| public body, and materials prepared or
compiled with |
23 |
| respect to internal audits of public bodies.
|
24 |
| (n) (o) Records relating to a public body's |
25 |
| adjudication of employee grievances or disciplinary cases; |
26 |
| however, this exemption shall not extend to the final |
|
|
|
09600HB1370ham001 |
- 45 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| outcome of cases in which discipline is imposed Information |
2 |
| received by a primary or secondary school, college or
|
3 |
| university under its procedures for the evaluation of |
4 |
| faculty members by
their academic peers .
|
5 |
| (o) (p) Administrative or technical information |
6 |
| associated with automated
data processing operations, |
7 |
| including but not limited to software,
operating |
8 |
| protocols, computer program abstracts, file layouts, |
9 |
| source
listings, object modules, load modules, user |
10 |
| guides, documentation
pertaining to all logical and |
11 |
| physical design of computerized systems,
employee manuals, |
12 |
| and any other information that, if disclosed, would
|
13 |
| jeopardize the security of the system or its data or the |
14 |
| security of
materials exempt under this Section.
|
15 |
| (p) (q) Records Documents or materials relating to |
16 |
| collective negotiating matters
between public bodies and |
17 |
| their employees or representatives, except that
any final |
18 |
| contract or agreement shall be subject to inspection and |
19 |
| copying.
|
20 |
| (q) (r) Test questions, scoring keys, and other |
21 |
| examination data used to determine the qualifications of an |
22 |
| applicant for a license or employment. Drafts, notes, |
23 |
| recommendations and memoranda pertaining to the
financing |
24 |
| and marketing transactions of the public body. The records |
25 |
| of
ownership, registration, transfer, and exchange of |
26 |
| municipal debt
obligations, and of persons to whom payment |
|
|
|
09600HB1370ham001 |
- 46 - |
LRB096 04942 JAM 22949 a |
|
|
1 |
| with respect to these obligations
is made.
|
2 |
| (r) (s) The records, documents and information |
3 |
| relating to real estate
purchase negotiations until those |
4 |
| negotiations have been completed or
otherwise terminated. |
5 |
| With regard to a parcel involved in a pending or
actually |
6 |
| and reasonably contemplated eminent domain proceeding |
7 |
| under the Eminent Domain Act, records, documents and
|
8 |
| information relating to that parcel shall be exempt except |
9 |
| as may be
allowed under discovery rules adopted by the |
10 |
| Illinois Supreme Court. The
records, documents and |
11 |
| information relating to a real estate sale shall be
exempt |
12 |
| until a sale is consummated.
|
13 |
| (t) Any and all proprietary information and records |
14 |
| related to the
operation of an intergovernmental risk |
15 |
| management association or
self-insurance pool or jointly |
16 |
| self-administered health and accident
cooperative or pool.
|
17 |
| (u) Information concerning a university's adjudication |
18 |
| of student or
employee grievance or disciplinary cases, to |
19 |
| the extent that disclosure
would reveal the identity of the |
20 |
| student or employee and information
concerning any public |
21 |
| body's adjudication of student or employee grievances
or |
22 |
| disciplinary cases, except for the final outcome of the |
23 |
| cases.
|
24 |
| (v) Course materials or research materials used by |
25 |
| faculty members.
|
26 |
| (w) Information related solely to the internal |
|
|
|
09600HB1370ham001 |
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| personnel rules and
practices of a public body.
|
2 |
| (s) (x) Information contained in or related to |
3 |
| examination, operating, or
condition reports prepared by, |
4 |
| on behalf of, or for the use of a public
body responsible |
5 |
| for the regulation or supervision of financial
|
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| institutions or insurance companies, unless disclosure is |
7 |
| otherwise
required by State law.
|
8 |
| (y) Information the disclosure of which is restricted |
9 |
| under Section
5-108 of the Public Utilities Act.
|
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| (z) Manuals or instruction to staff that relate to |
11 |
| establishment or
collection of liability for any State tax |
12 |
| or that relate to investigations
by a public body to |
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| determine violation of any criminal law.
|
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| (aa) Applications, related documents, and medical |
15 |
| records received by
the Experimental Organ Transplantation |
16 |
| Procedures Board and any and all
documents or other records |
17 |
| prepared by the Experimental Organ
Transplantation |
18 |
| Procedures Board or its staff relating to applications
it |
19 |
| has received.
|
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| (bb) 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.
|
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| (cc) Information and records held by the Department of |
25 |
| Public Health and
its authorized representatives relating |
26 |
| to known or suspected cases of
sexually transmissible |
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09600HB1370ham001 |
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| disease or any information the disclosure of which
is |
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| restricted under the Illinois Sexually Transmissible |
3 |
| Disease Control Act.
|
4 |
| (dd) Information the disclosure of which is exempted |
5 |
| under Section 30
of the Radon Industry Licensing Act.
|
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| (ee) Firm performance evaluations under Section 55 of |
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| the
Architectural, Engineering, and Land Surveying |
8 |
| Qualifications Based
Selection Act.
|
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| (ff) Security portions of system safety program plans, |
10 |
| investigation
reports, surveys, schedules, lists, data, or |
11 |
| information compiled, collected,
or prepared by or for the |
12 |
| Regional Transportation Authority under Section 2.11
of |
13 |
| the Regional Transportation Authority Act or the St. Clair |
14 |
| County Transit
District under the
Bi-State Transit Safety |
15 |
| Act.
|
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| (gg) Information the disclosure of which is restricted |
17 |
| and
exempted under Section 50 of the Illinois Prepaid |
18 |
| Tuition Act.
|
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| (hh) Information the disclosure of which is
exempted |
20 |
| under the State Officials and Employees Ethics Act.
|
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| (t) (ii) Information Beginning July 1, 1999, |
22 |
| information that would disclose
or might lead to the |
23 |
| disclosure of
secret or confidential information, codes, |
24 |
| algorithms, programs, or private
keys intended to be used |
25 |
| to create electronic or digital signatures under the
|
26 |
| Electronic Commerce Security Act.
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09600HB1370ham001 |
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| (u) (jj) Information contained in a local emergency |
2 |
| energy plan submitted to
a municipality in accordance with |
3 |
| a local emergency energy plan ordinance that
is adopted |
4 |
| under 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.
|
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| (v) (ll) Vulnerability assessments, security measures, |
10 |
| and response policies
or plans that are designed to |
11 |
| identify, prevent, or respond to potential
attacks upon a |
12 |
| community's population or systems, facilities, or |
13 |
| installations,
the destruction or contamination of which |
14 |
| would constitute a clear and present
danger to the health |
15 |
| or safety of the community, but only to the extent that
|
16 |
| disclosure could reasonably be expected to jeopardize the |
17 |
| effectiveness of the
measures or the safety of the |
18 |
| personnel who implement them or the public.
Information |
19 |
| exempt under this item may include such things as details
|
20 |
| pertaining to the mobilization or deployment of personnel |
21 |
| or equipment, to the
operation of communication systems or |
22 |
| protocols, or to tactical operations.
|
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| (w) (mm) Maps and other records regarding the location |
24 |
| or security of generation, transmission, distribution, |
25 |
| storage, gathering,
treatment, or switching facilities |
26 |
| owned by a utility or by the Illinois Power Agency.
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09600HB1370ham001 |
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| (nn) Law enforcement officer identification |
2 |
| information or
driver
identification
information compiled |
3 |
| by a law enforcement agency or the Department of
|
4 |
| Transportation
under Section 11-212 of the Illinois |
5 |
| Vehicle Code.
|
6 |
| (oo) Records and information provided to a residential
|
7 |
| health care
facility resident sexual assault
and death |
8 |
| review team or the Executive Council under the Abuse |
9 |
| Prevention Review Team Act.
|
10 |
| (pp) Information provided to the predatory lending |
11 |
| database created pursuant to Article 3 of the Residential |
12 |
| Real Property Disclosure Act, except to the extent |
13 |
| authorized under that Article.
|
14 |
| (qq) Defense budgets and petitions for certification |
15 |
| of compensation and expenses for court appointed trial |
16 |
| counsel as provided under Sections 10 and 15 of the Capital |
17 |
| Crimes Litigation Act. This subsection (qq) shall apply |
18 |
| until the conclusion of the trial of the case, even if the |
19 |
| prosecution chooses not to pursue the death penalty prior |
20 |
| to trial or sentencing.
|
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| (x) (rr) Information contained in or related to |
22 |
| proposals, bids, or negotiations related to electric power |
23 |
| procurement under Section 1-75 of the Illinois Power Agency |
24 |
| Act and Section 16-111.5 of the Public Utilities Act that |
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| is determined to be confidential and proprietary by the |
26 |
| Illinois Power Agency or by the Illinois Commerce |
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| Commission.
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| (ss) Information that is prohibited from being |
3 |
| disclosed under Section 4 of the Illinois Health and |
4 |
| Hazardous Substances Registry Act. |
5 |
| (2) A public record that is not in the possession of a |
6 |
| public body but is in the possession of a party with whom the |
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| agency has contracted to perform a governmental function on |
8 |
| behalf of the public body, and that directly relates to the |
9 |
| governmental function and is not otherwise exempt under this |
10 |
| Act, shall be considered a public record of the public body, |
11 |
| for purposes of this Act. |
12 |
| (3) (2) This Section does not authorize withholding of |
13 |
| information or limit the
availability of records to the public, |
14 |
| except as stated in this Section or
otherwise provided in this |
15 |
| Act.
|
16 |
| (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, |
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| eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; |
18 |
| 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. |
19 |
| 8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised |
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| 10-20-08.) |
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| (5 ILCS 140/7.5 new) |
22 |
| Sec. 7.5. Statutory Exemptions. To the extent provided for |
23 |
| by the statutes referenced below, the following shall be exempt |
24 |
| from inspection and copying: |
25 |
| (a) All information determined to be confidential under |
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09600HB1370ham001 |
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| Section 4002 of the Technology Advancement and Development Act. |
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| (b) Library circulation and order records identifying |
3 |
| library users with specific materials under the Library Records |
4 |
| Confidentiality Act. |
5 |
| (c) Applications, related documents, and medical records |
6 |
| received by the Experimental Organ Transplantation Procedures |
7 |
| Board and any and all documents or other records prepared by |
8 |
| the Experimental Organ Transplantation Procedures Board or its |
9 |
| staff relating to applications it has received. |
10 |
| (d) Information and records held by the Department of |
11 |
| Public Health and its authorized representatives relating to |
12 |
| known or suspected cases of sexually transmissible disease or |
13 |
| any information the disclosure of which is restricted under the |
14 |
| Illinois Sexually Transmissible Disease Control Act. |
15 |
| (e) Information the disclosure of which is exempted under |
16 |
| Section 30 of the Radon Industry Licensing Act. |
17 |
| (f) Firm performance evaluations under Section 55 of the |
18 |
| Architectural, Engineering, and Land Surveying Qualifications |
19 |
| Based Selection Act. |
20 |
| (g) Information the disclosure of which is restricted and |
21 |
| exempted under Section 50 of the Illinois Prepaid Tuition Act. |
22 |
| (h) Information the disclosure of which is exempted under |
23 |
| the State Officials and Employees Ethics Act. |
24 |
| (i) Information contained in a local emergency energy plan |
25 |
| submitted to a municipality in accordance with a local |
26 |
| emergency energy plan ordinance that is adopted under Section |
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| 11-21.5-5 of the Illinois Municipal Code. |
2 |
| (j) Information and data concerning the distribution of |
3 |
| surcharge moneys collected and remitted by wireless carriers |
4 |
| under the Wireless Emergency Telephone Safety Act. |
5 |
| (k) Law enforcement officer identification information or |
6 |
| driver identification information compiled by a law |
7 |
| enforcement agency or the Department of Transportation under |
8 |
| Section 11-212 of the Illinois Vehicle Code. |
9 |
| (l) Records and information provided to a residential |
10 |
| health care facility resident sexual assault and death review |
11 |
| team or the Executive Council under the Abuse Prevention Review |
12 |
| Team Act. |
13 |
| (m) Information provided to the predatory lending database |
14 |
| created pursuant to Article 3 of the Residential Real Property |
15 |
| Disclosure Act, except to the extent authorized under that |
16 |
| Article. |
17 |
| (n) Defense budgets and petitions for certification of |
18 |
| compensation and expenses for court appointed trial counsel as |
19 |
| provided under Sections 10 and 15 of the Capital Crimes |
20 |
| Litigation Act. This subsection (n) shall apply until the |
21 |
| conclusion of the trial of the case, even if the prosecution |
22 |
| chooses not to pursue the death penalty prior to trial or |
23 |
| sentencing. |
24 |
| (o) Information that is prohibited from being disclosed |
25 |
| under Section 4 of the Illinois Health and Hazardous Substances |
26 |
| Registry Act. |
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09600HB1370ham001 |
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| (p) Security portions of system safety program plans, |
2 |
| investigation reports, surveys, schedules, lists, data, or |
3 |
| information compiled, collected, or prepared by or for the |
4 |
| Regional Transportation Authority under Section 2.11 of the |
5 |
| Regional Transportation Authority Act or the St. Clair County |
6 |
| Transit District under the Bi-State Transit Safety Act.
|
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| (5 ILCS 140/9) (from Ch. 116, par. 209)
|
8 |
| Sec. 9.
(a) Each public body or head of a public body |
9 |
| denying a request
for public records shall notify in writing by |
10 |
| letter the person making the request
of the decision to deny |
11 |
| such, the reasons for the denial, including a detailed factual |
12 |
| basis for the application of any exemption claimed, and the |
13 |
| names
and titles or positions
of each person responsible for |
14 |
| the denial. Each notice of denial by a public
body shall also |
15 |
| inform such person of his right to appeal to the head of
the |
16 |
| public body. Each notice of denial of an appeal by the head of |
17 |
| a public
body shall inform such person of his right to judicial |
18 |
| review under
Section 10 11 of this Act.
|
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| (b) When a request for public records is denied on the |
20 |
| grounds that the
records are exempt under Section 7 of this |
21 |
| Act, the notice of denial shall
specify the exemption claimed |
22 |
| to authorize the denial and the specific reasons for the |
23 |
| denial, including a detailed factual basis and a citation to |
24 |
| supporting legal authority .
Copies of
all notices of denial |
25 |
| shall be retained by each public body in a single
central |
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| office file that is open to the public and indexed according to
|
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| the type of exemption asserted and, to the extent feasible, |
3 |
| according to
the types of records requested.
|
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| (c) Any person making a request for public records shall be |
5 |
| deemed to have exhausted his administrative remedies with |
6 |
| respect to that request if the public body fails to act within |
7 |
| the time periods provided in Section 3 of this Act. |
8 |
| (Source: P.A. 83-1013.)
|
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| (5 ILCS 140/11) (from Ch. 116, par. 211)
|
10 |
| Sec. 11.
(a) Any person denied access to inspect or copy |
11 |
| any public
record by the head of a public body
may file suit |
12 |
| for injunctive or
declaratory relief.
|
13 |
| (b) Where the denial is from the head of a public body of |
14 |
| the State, suit
may be filed in the circuit court for the |
15 |
| county where the public body has
its principal office or where |
16 |
| the person denied access resides.
|
17 |
| (c) Where the denial is from the head of a municipality or |
18 |
| other public
body, except as provided in subsection (b) of this |
19 |
| Section, suit may be filed
in the circuit court for the county |
20 |
| where the public body is located.
|
21 |
| (d) The circuit court shall have the jurisdiction to enjoin |
22 |
| the public
body from withholding public records and to order |
23 |
| the production of any
public records improperly withheld from |
24 |
| the person seeking access. If the
public body can show that |
25 |
| exceptional circumstances exist, and that the
body is |
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09600HB1370ham001 |
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| exercising due diligence in responding to the request, the |
2 |
| court
may retain jurisdiction and allow the agency additional |
3 |
| time to complete
its review of the records.
|
4 |
| (e) On motion of the plaintiff, prior to or after in camera
|
5 |
| inspection, the court shall order the public body
to provide an |
6 |
| index of the records to which access has been denied. The
index |
7 |
| shall include the following:
|
8 |
| (i) A description of the nature or contents of each |
9 |
| document
withheld, or each deletion from a released |
10 |
| document, provided, however,
that the public body shall not |
11 |
| be required to disclose the information
which it asserts is |
12 |
| exempt; and
|
13 |
| (ii) A statement of the exemption or exemptions claimed |
14 |
| for each such
deletion or withheld document.
|
15 |
| (f) In any action considered by the court, the court shall |
16 |
| consider the
matter de novo, and shall conduct such in camera |
17 |
| examination of the requested
records as it finds appropriate to |
18 |
| determine if such records or any part
thereof may be withheld |
19 |
| under any provision of this Act. The burden shall
be on the |
20 |
| public body to establish that its refusal to permit public |
21 |
| inspection
or copying is in accordance with the provisions of |
22 |
| this Act. Any public body that asserts that a record is exempt |
23 |
| from disclosure has the burden of proving that it is exempt by |
24 |
| clear and convincing evidence.
|
25 |
| (g) In the event of noncompliance with an order of the |
26 |
| court to disclose,
the court may enforce its order against any |
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| public official or employee
so ordered or primarily responsible |
2 |
| for such noncompliance through the court's
contempt powers.
|
3 |
| (h) Except as to causes the court considers to be of |
4 |
| greater importance,
proceedings arising under this Section |
5 |
| shall take precedence on the docket
over all other causes and |
6 |
| be assigned for hearing and trial at the earliest
practicable |
7 |
| date and expedited in every way.
|
8 |
| (i) If the court determines in a proceeding under this |
9 |
| Section that a person seeking the right to inspect or receive a |
10 |
| copy of a public
record was entitled to the record, or a |
11 |
| portion thereof substantially prevails in a
proceeding under |
12 |
| this Section , the court shall may award such
person reasonable |
13 |
| attorneys' fees and costs. The court may also award reasonable |
14 |
| attorney fees and costs of litigation or an appropriate portion |
15 |
| thereof to a public body if the court finds that a suit filed |
16 |
| under this Section was frivolous. If, however, the court finds
|
17 |
| that the fundamental purpose of the request
was to further the |
18 |
| commercial interests of the requestor, the court may award
|
19 |
| reasonable attorneys' fees and costs if the court finds that |
20 |
| the
record or records in question were of clearly significant |
21 |
| interest to the
general public and that the public body lacked |
22 |
| any reasonable
basis in law for withholding the record.
|
23 |
| (j) If the court determines that a public body willfully |
24 |
| and intentionally failed to comply with a request for |
25 |
| inspection or copies of public records, or otherwise acted in |
26 |
| bad faith, the court shall also impose upon the public body a |
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| civil penalty of not less that $100 nor more than $1000 for |
2 |
| each occurrence. In assessing the civil penalty, the court |
3 |
| shall consider in aggravation or mitigation whether the public |
4 |
| body has previously been assessed penalties for violations of |
5 |
| this Act. |
6 |
| (Source: P.A. 93-466, eff. 1-1-04.)
|
7 |
| (5 ILCS 140/11.5 new) |
8 |
| Sec. 11.5. Criminal offense. The imposition of civil |
9 |
| penalties set out in Section 11 notwithstanding, any person who |
10 |
| knowingly and willfully violates any of the provisions of this |
11 |
| Act shall be guilty of a Class C misdemeanor.
|
12 |
| (5 ILCS 140/7.1 rep.)
|
13 |
| (5 ILCS 140/8 rep.)
|
14 |
| (5 ILCS 140/10 rep.)
|
15 |
| Section 10. The Freedom of Information Act is amended by |
16 |
| repealing Sections 7.1, 8, and 10. |
17 |
| Section 15. The Whistleblower Act is amended by changing |
18 |
| Section 20 as follows:
|
19 |
| (740 ILCS 174/20)
|
20 |
| Sec. 20. Retaliation for certain refusals prohibited. An |
21 |
| employer
may not retaliate against an employee for refusing to |
22 |
| participate in an
activity that would result in a violation of |
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| a State or federal law,
rule, or
regulation , including, but not |
2 |
| limited to, violations of the Freedom of Information Act .
|
3 |
| (Source: P.A. 93-544, eff. 1-1-04.)
|
4 |
| Section 95. No acceleration or delay. Where this Act makes |
5 |
| changes in a statute that is represented in this Act by text |
6 |
| that is not yet or no longer in effect (for example, a Section |
7 |
| represented by multiple versions), the use of that text does |
8 |
| not accelerate or delay the taking effect of (i) the changes |
9 |
| made by this Act or (ii) provisions derived from any other |
10 |
| Public Act.".
|