093_HB0954enr HB0954 Enrolled LRB093 05765 RCE 05858 b 1 AN ACT in relation to freedom of information. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Open Meetings Act is amended by changing 5 Section 2 as follows: 6 (5 ILCS 120/2) (from Ch. 102, par. 42) 7 Sec. 2. Open meetings. 8 (a) Openness required. All meetings of public bodies 9 shall be open to the public unless excepted in subsection (c) 10 and closed in accordance with Section 2a. 11 (b) Construction of exceptions. The exceptions 12 contained in subsection (c) are in derogation of the 13 requirement that public bodies meet in the open, and 14 therefore, the exceptions are to be strictly construed, 15 extending only to subjects clearly within their scope. The 16 exceptions authorize but do not require the holding of a 17 closed meeting to discuss a subject included within an 18 enumerated exception. 19 (c) Exceptions. A public body may hold closed meetings 20 to consider the following subjects: 21 (1) The appointment, employment, compensation, 22 discipline, performance, or dismissal of specific 23 employees of the public body, including hearing testimony 24 on a complaint lodged against an employee to determine 25 its validity. 26 (2) Collective negotiating matters between the 27 public body and its employees or their representatives, 28 or deliberations concerning salary schedules for one or 29 more classes of employees. 30 (3) The selection of a person to fill a public 31 office, as defined in this Act, including a vacancy in a HB0954 Enrolled -2- LRB093 05765 RCE 05858 b 1 public office, when the public body is given power to 2 appoint under law or ordinance, or the discipline, 3 performance or removal of the occupant of a public 4 office, when the public body is given power to remove the 5 occupant under law or ordinance. 6 (4) Evidence or testimony presented in open 7 hearing, or in closed hearing where specifically 8 authorized by law, to a quasi-adjudicative body, as 9 defined in this Act, provided that the body prepares and 10 makes available for public inspection a written decision 11 setting forth its determinative reasoning. 12 (5) The purchase or lease of real property for the 13 use of the public body, including meetings held for the 14 purpose of discussing whether a particular parcel should 15 be acquired. 16 (6) The setting of a price for sale or lease of 17 property owned by the public body. 18 (7) The sale or purchase of securities, 19 investments, or investment contracts. 20 (8) Security procedures and the use of personnel 21 and equipment to respond to an actual, a threatened, or a 22 reasonably potential danger to the safety of employees, 23 students, staff, the public, or public property. 24 (9) Student disciplinary cases. 25 (10) The placement of individual students in 26 special education programs and other matters relating to 27 individual students. 28 (11) Litigation, when an action against, affecting 29 or on behalf of the particular public body has been filed 30 and is pending before a court or administrative tribunal, 31 or when the public body finds that an action is probable 32 or imminent, in which case the basis for the finding 33 shall be recorded and entered into the minutes of the 34 closed meeting. HB0954 Enrolled -3- LRB093 05765 RCE 05858 b 1 (12) The establishment of reserves or settlement of 2 claims as provided in the Local Governmental and 3 Governmental Employees Tort Immunity Act, if otherwise 4 the disposition of a claim or potential claim might be 5 prejudiced, or the review or discussion of claims, loss 6 or risk management information, records, data, advice or 7 communications from or with respect to any insurer of the 8 public body or any intergovernmental risk management 9 association or self insurance pool of which the public 10 body is a member. 11 (13) Conciliation of complaints of discrimination 12 in the sale or rental of housing, when closed meetings 13 are authorized by the law or ordinance prescribing fair 14 housing practices and creating a commission or 15 administrative agency for their enforcement. 16 (14) Informant sources, the hiring or assignment of 17 undercover personnel or equipment, or ongoing, prior or 18 future criminal investigations, when discussed by a 19 public body with criminal investigatory responsibilities. 20 (15) Professional ethics or performance when 21 considered by an advisory body appointed to advise a 22 licensing or regulatory agency on matters germane to the 23 advisory body's field of competence. 24 (16) Self evaluation, practices and procedures or 25 professional ethics, when meeting with a representative 26 of a statewide association of which the public body is a 27 member. 28 (17) The recruitment, credentialing, discipline or 29 formal peer review of physicians or other health care 30 professionals for a hospital, or other institution 31 providing medical care, that is operated by the public 32 body. 33 (18) Deliberations for decisions of the Prisoner 34 Review Board. HB0954 Enrolled -4- LRB093 05765 RCE 05858 b 1 (19) Review or discussion of applications received 2 under the Experimental Organ Transplantation Procedures 3 Act. 4 (20) The classification and discussion of matters 5 classified as confidential or continued confidential by 6 the State Employees Suggestion Award Board. 7 (21) Discussion of minutes of meetings lawfully 8 closed under this Act, whether for purposes of approval 9 by the body of the minutes or semi-annual review of the 10 minutes as mandated by Section 2.06. 11 (22) Deliberations for decisions of the State 12 Emergency Medical Services Disciplinary Review Board. 13 (23) The operation by a municipality of a municipal 14 utility or the operation of a municipal power agency or 15 municipal natural gas agency when the discussion involves 16 (i) contracts relating to the purchase, sale, or delivery 17 of electricity or natural gas or (ii) the results or 18 conclusions of load forecast studies. 19 (d) Definitions. For purposes of this Section: 20 "Employee" means a person employed by a public body whose 21 relationship with the public body constitutes an 22 employer-employee relationship under the usual common law 23 rules, and who is not an independent contractor. 24 "Public office" means a position created by or under the 25 Constitution or laws of this State, the occupant of which is 26 charged with the exercise of some portion of the sovereign 27 power of this State. The term "public office" shall include 28 members of the public body, but it shall not include 29 organizational positions filled by members thereof, whether 30 established by law or by a public body itself, that exist to 31 assist the body in the conduct of its business. 32 "Quasi-adjudicative body" means an administrative body 33 charged by law or ordinance with the responsibility to 34 conduct hearings, receive evidence or testimony and make HB0954 Enrolled -5- LRB093 05765 RCE 05858 b 1 determinations based thereon, but does not include local 2 electoral boards when such bodies are considering petition 3 challenges. 4 (e) Final action. No final action may be taken at a 5 closed meeting. Final action shall be preceded by a public 6 recital of the nature of the matter being considered and 7 other information that will inform the public of the business 8 being conducted. 9 (Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.) 10 Section 10. The Freedom of Information Act is amended by 11 changing Section 7 as follows: 12 (5 ILCS 140/7) (from Ch. 116, par. 207) 13 Sec. 7. Exemptions. 14 (1) The following shall be exempt from inspection and 15 copying: 16 (a) Information specifically prohibited from 17 disclosure by federal or State law or rules and 18 regulations adopted under federal or State law. 19 (b) Information that, if disclosed, would 20 constitute a clearly unwarranted invasion of personal 21 privacy, unless the disclosure is consented to in writing 22 by the individual subjects of the information. The 23 disclosure of information that bears on the public duties 24 of public employees and officials shall not be considered 25 an invasion of personal privacy. Information exempted 26 under this subsection (b) shall include but is not 27 limited to: 28 (i) files and personal information maintained 29 with respect to clients, patients, residents, 30 students or other individuals receiving social, 31 medical, educational, vocational, financial, 32 supervisory or custodial care or services directly HB0954 Enrolled -6- LRB093 05765 RCE 05858 b 1 or indirectly from federal agencies or public 2 bodies; 3 (ii) personnel files and personal information 4 maintained with respect to employees, appointees or 5 elected officials of any public body or applicants 6 for those positions; 7 (iii) files and personal information 8 maintained with respect to any applicant, registrant 9 or licensee by any public body cooperating with or 10 engaged in professional or occupational 11 registration, licensure or discipline; 12 (iv) information required of any taxpayer in 13 connection with the assessment or collection of any 14 tax unless disclosure is otherwise required by State 15 statute; and 16 (v) information revealing the identity of 17 persons who file complaints with or provide 18 information to administrative, investigative, law 19 enforcement or penal agencies; provided, however, 20 that identification of witnesses to traffic 21 accidents, traffic accident reports, and rescue 22 reports may be provided by agencies of local 23 government, except in a case for which a criminal 24 investigation is ongoing, without constituting a 25 clearly unwarranted per se invasion of personal 26 privacy under this subsection. 27 (c) Records compiled by any public body for 28 administrative enforcement proceedings and any law 29 enforcement or correctional agency for law enforcement 30 purposes or for internal matters of a public body, but 31 only to the extent that disclosure would: 32 (i) interfere with pending or actually and 33 reasonably contemplated law enforcement proceedings 34 conducted by any law enforcement or correctional HB0954 Enrolled -7- LRB093 05765 RCE 05858 b 1 agency; 2 (ii) interfere with pending administrative 3 enforcement proceedings conducted by any public 4 body; 5 (iii) deprive a person of a fair trial or an 6 impartial hearing; 7 (iv) unavoidably disclose the identity of a 8 confidential source or confidential information 9 furnished only by the confidential source; 10 (v) disclose unique or specialized 11 investigative techniques other than those generally 12 used and known or disclose internal documents of 13 correctional agencies related to detection, 14 observation or investigation of incidents of crime 15 or misconduct; 16 (vi) constitute an invasion of personal 17 privacy under subsection (b) of this Section; 18 (vii) endanger the life or physical safety of 19 law enforcement personnel or any other person; or 20 (viii) obstruct an ongoing criminal 21 investigation. 22 (d) Criminal history record information maintained 23 by State or local criminal justice agencies, except the 24 following which shall be open for public inspection and 25 copying: 26 (i) chronologically maintained arrest 27 information, such as traditional arrest logs or 28 blotters; 29 (ii) the name of a person in the custody of a 30 law enforcement agency and the charges for which 31 that person is being held; 32 (iii) court records that are public; 33 (iv) records that are otherwise available 34 under State or local law; or HB0954 Enrolled -8- LRB093 05765 RCE 05858 b 1 (v) records in which the requesting party is 2 the individual identified, except as provided under 3 part (vii) of paragraph (c) of subsection (1) of 4 this Section. 5 "Criminal history record information" means data 6 identifiable to an individual and consisting of 7 descriptions or notations of arrests, detentions, 8 indictments, informations, pre-trial proceedings, trials, 9 or other formal events in the criminal justice system or 10 descriptions or notations of criminal charges (including 11 criminal violations of local municipal ordinances) and 12 the nature of any disposition arising therefrom, 13 including sentencing, court or correctional supervision, 14 rehabilitation and release. The term does not apply to 15 statistical records and reports in which individuals are 16 not identified and from which their identities are not 17 ascertainable, or to information that is for criminal 18 investigative or intelligence purposes. 19 (e) Records that relate to or affect the security 20 of correctional institutions and detention facilities. 21 (f) Preliminary drafts, notes, recommendations, 22 memoranda and other records in which opinions are 23 expressed, or policies or actions are formulated, except 24 that a specific record or relevant portion of a record 25 shall not be exempt when the record is publicly cited and 26 identified by the head of the public body. The exemption 27 provided in this paragraph (f) extends to all those 28 records of officers and agencies of the General Assembly 29 that pertain to the preparation of legislative documents. 30 (g) Trade secrets and commercial or financial 31 information obtained from a person or business where the 32 trade secrets or information are proprietary, privileged 33 or confidential, or where disclosure of the trade secrets 34 or information may cause competitive harm, including all HB0954 Enrolled -9- LRB093 05765 RCE 05858 b 1 information determined to be confidential under Section 2 4002 of the Technology Advancement and Development Act. 3 Nothing contained in this paragraph (g) shall be 4 construed to prevent a person or business from consenting 5 to disclosure. 6 (h) Proposals and bids for any contract, grant, or 7 agreement, including information which if it were 8 disclosed would frustrate procurement or give an 9 advantage to any person proposing to enter into a 10 contractor agreement with the body, until an award or 11 final selection is made. Information prepared by or for 12 the body in preparation of a bid solicitation shall be 13 exempt until an award or final selection is made. 14 (i) Valuable formulae, computer geographic systems, 15 designs, drawings and research data obtained or produced 16 by any public body when disclosure could reasonably be 17 expected to produce private gain or public loss. 18 (j) Test questions, scoring keys and other 19 examination data used to administer an academic 20 examination or determined the qualifications of an 21 applicant for a license or employment. 22 (k) Architects' plans,andengineers' 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, but 27 only to the extent that disclosure would compromise 28 security. 29 (l) Library circulation and order records 30 identifying library users with specific materials. 31 (m) Minutes of meetings of public bodies closed to 32 the public as provided in the Open Meetings Act until the 33 public body makes the minutes available to the public 34 under Section 2.06 of the Open Meetings Act. HB0954 Enrolled -10- LRB093 05765 RCE 05858 b 1 (n) Communications between a public body and an 2 attorney or auditor representing the public body that 3 would not be subject to discovery in litigation, and 4 materials prepared or compiled by or for a public body in 5 anticipation of a criminal, civil or administrative 6 proceeding upon the request of an attorney advising the 7 public body, and materials prepared or compiled with 8 respect to internal audits of public bodies. 9 (o) Information received by a primary or secondary 10 school, college or university under its procedures for 11 the evaluation of faculty members by their academic 12 peers. 13 (p) Administrative or technical information 14 associated with automated data processing operations, 15 including but not limited to software, operating 16 protocols, computer program abstracts, file layouts, 17 source listings, object modules, load modules, user 18 guides, documentation pertaining to all logical and 19 physical design of computerized systems, employee 20 manuals, and any other information that, if disclosed, 21 would jeopardize the security of the system or its data 22 or the security of materials exempt under this Section. 23 (q) Documents or materials relating to collective 24 negotiating matters between public bodies and their 25 employees or representatives, except that any final 26 contract or agreement shall be subject to inspection and 27 copying. 28 (r) Drafts, notes, recommendations and memoranda 29 pertaining to the financing and marketing transactions of 30 the public body. The records of ownership, registration, 31 transfer, and exchange of municipal debt obligations, and 32 of persons to whom payment with respect to these 33 obligations is made. 34 (s) The records, documents and information relating HB0954 Enrolled -11- LRB093 05765 RCE 05858 b 1 to real estate purchase negotiations until those 2 negotiations have been completed or otherwise terminated. 3 With regard to a parcel involved in a pending or actually 4 and reasonably contemplated eminent domain proceeding 5 under Article VII of the Code of Civil Procedure, 6 records, documents and information relating to that 7 parcel shall be exempt except as may be allowed under 8 discovery rules adopted by the Illinois Supreme Court. 9 The records, documents and information relating to a real 10 estate sale shall be exempt until a sale is consummated. 11 (t) Any and all proprietary information and records 12 related to the operation of an intergovernmental risk 13 management association or self-insurance pool or jointly 14 self-administered health and accident cooperative or 15 pool. 16 (u) Information concerning a university's 17 adjudication of student or employee grievance or 18 disciplinary cases, to the extent that disclosure would 19 reveal the identity of the student or employee and 20 information concerning any public body's adjudication of 21 student or employee grievances or disciplinary cases, 22 except for the final outcome of the cases. 23 (v) Course materials or research materials used by 24 faculty members. 25 (w) Information related solely to the internal 26 personnel rules and practices of a public body. 27 (x) Information contained in or related to 28 examination, operating, or condition reports prepared by, 29 on behalf of, or for the use of a public body responsible 30 for the regulation or supervision of financial 31 institutions or insurance companies, unless disclosure is 32 otherwise required by State law. 33 (y) Information the disclosure of which is 34 restricted under Section 5-108 of the Public Utilities HB0954 Enrolled -12- LRB093 05765 RCE 05858 b 1 Act. 2 (z) Manuals or instruction to staff that relate to 3 establishment or collection of liability for any State 4 tax or that relate to investigations by a public body to 5 determine violation of any criminal law. 6 (aa) Applications, related documents, and medical 7 records received by the Experimental Organ 8 Transplantation Procedures Board and any and all 9 documents or other records prepared by the Experimental 10 Organ Transplantation Procedures Board or its staff 11 relating to applications it has received. 12 (bb) Insurance or self insurance (including any 13 intergovernmental risk management association or self 14 insurance pool) claims, loss or risk management 15 information, records, data, advice or communications. 16 (cc) Information and records held by the Department 17 of Public Health and its authorized representatives 18 relating to known or suspected cases of sexually 19 transmissible disease or any information the disclosure 20 of which is restricted under the Illinois Sexually 21 Transmissible Disease Control Act. 22 (dd) Information the disclosure of which is 23 exempted under Section 30 of the Radon Industry Licensing 24 Act. 25 (ee) Firm performance evaluations under Section 55 26 of the Architectural, Engineering, and Land Surveying 27 Qualifications Based Selection Act. 28 (ff) Security portions of system safety program 29 plans, investigation reports, surveys, schedules, lists, 30 data, or information compiled, collected, or prepared by 31 or for the Regional Transportation Authority under 32 Section 2.11 of the Regional Transportation Authority Act 33 or the St. Clair County Transit District under the 34 Bi-State Transit Safety Act. HB0954 Enrolled -13- LRB093 05765 RCE 05858 b 1 (gg) Information the disclosure of which is 2 restricted and exempted under Section 50 of the Illinois 3 Prepaid Tuition Act. 4 (hh) Information the disclosure of which is 5 exempted under Section 80 of the State Gift Ban Act. 6 (ii) Beginning July 1, 1999, information that would 7 disclose or might lead to the disclosure of secret or 8 confidential information, codes, algorithms, programs, or 9 private keys intended to be used to create electronic or 10 digital signatures under the Electronic Commerce Security 11 Act. 12 (jj) Information contained in a local emergency 13 energy plan submitted to a municipality in accordance 14 with a local emergency energy plan ordinance that is 15 adopted under Section 11-21.5-5 of the Illinois Municipal 16 Code. 17 (kk) Information and data concerning the 18 distribution of surcharge moneys collected and remitted 19 by wireless carriers under the Wireless Emergency 20 Telephone Safety Act. 21 (ll) Vulnerability assessments, security measures, 22 and response policies or plans that are designed to 23 identify, prevent, or respond to potential attacks upon a 24 community's population or systems, facilities, or 25 installations, the destruction or contamination of which 26 would constitute a clear and present danger to the health 27 or safety of the community, but only to the extent that 28 disclosure could reasonably be expected to jeopardize the 29 effectiveness of the measures or the safety of the 30 personnel who implement them or the public. Information 31 exempt under this item may include such things as details 32 pertaining to the mobilization or deployment of personnel 33 or equipment, to the operation of communication systems 34 or protocols, or to tactical operations. HB0954 Enrolled -14- LRB093 05765 RCE 05858 b 1 (mm) Maps and other records regarding the location 2 or security of a utility's generation, transmission, 3 distribution, storage, gathering, treatment, or switching 4 facilities. 5 (2) This Section does not authorize withholding of 6 information or limit the availability of records to the 7 public, except as stated in this Section or otherwise 8 provided in this Act. 9 (Source: P.A. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99; 10 91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff. 11 8-3-01; 92-281, eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, 12 eff. 7-11-02.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.