Rep. Kurt M. Granberg
Filed: 4/29/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5252
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5252 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7 as follows: | ||||||
6 | (5 ILCS 140/7) (from Ch. 116, par. 207)
| ||||||
7 | Sec. 7. Exemptions.
| ||||||
8 | (1) The following shall be exempt from inspection and | ||||||
9 | copying:
| ||||||
10 | (a) Information specifically prohibited from | ||||||
11 | disclosure by federal or
State law or rules and regulations | ||||||
12 | adopted under federal or State law.
| ||||||
13 | (b) Information that, if disclosed, would constitute a | ||||||
14 | clearly
unwarranted invasion of personal privacy, unless | ||||||
15 | the disclosure is
consented to in writing by the individual | ||||||
16 | subjects of the information. The
disclosure of information | ||||||
17 | that bears on the public duties of public
employees and | ||||||
18 | officials shall not be considered an invasion of personal
| ||||||
19 | privacy. Information exempted under this subsection (b) | ||||||
20 | shall include but
is not limited to:
| ||||||
21 | (i) files and personal information maintained with | ||||||
22 | respect to
clients, patients, residents, students or | ||||||
23 | other individuals receiving
social, medical, | ||||||
24 | educational, vocational, financial, supervisory or
|
| |||||||
| |||||||
1 | custodial care or services directly or indirectly from | ||||||
2 | federal agencies
or public 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 for | ||||||
6 | those positions;
| ||||||
7 | (iii) files and personal information maintained | ||||||
8 | with respect to any
applicant, registrant or licensee | ||||||
9 | by any public body cooperating with or
engaged in | ||||||
10 | professional or occupational registration, licensure | ||||||
11 | or discipline;
| ||||||
12 | (iv) information required of any taxpayer in | ||||||
13 | connection with the
assessment or collection of any tax | ||||||
14 | unless disclosure is otherwise required
by State | ||||||
15 | statute;
| ||||||
16 | (v) information revealing the identity of persons | ||||||
17 | who file complaints
with or provide information to | ||||||
18 | administrative, investigative, law enforcement
or | ||||||
19 | penal agencies; provided, however, that identification | ||||||
20 | of witnesses to
traffic accidents, traffic accident | ||||||
21 | reports, and rescue reports may be provided
by agencies | ||||||
22 | of local government, except in a case for which a | ||||||
23 | criminal
investigation is ongoing, without | ||||||
24 | constituting a clearly unwarranted per se
invasion of | ||||||
25 | personal privacy under this subsection; and
| ||||||
26 | (vi) the names, addresses, or other personal | ||||||
27 | information of
participants and registrants in park | ||||||
28 | district, forest preserve district, and
conservation | ||||||
29 | district programs.
| ||||||
30 | (c) Records compiled by any public body for | ||||||
31 | administrative enforcement
proceedings and any law | ||||||
32 | enforcement or correctional agency for
law enforcement | ||||||
33 | purposes or for internal matters of a public body,
but only | ||||||
34 | to the extent that disclosure would:
|
| |||||||
| |||||||
1 | (i) interfere with pending or actually and | ||||||
2 | reasonably contemplated
law enforcement proceedings | ||||||
3 | conducted by any law enforcement or correctional
| ||||||
4 | agency;
| ||||||
5 | (ii) interfere with pending administrative | ||||||
6 | enforcement proceedings
conducted by any public body;
| ||||||
7 | (iii) deprive a person of a fair trial or an | ||||||
8 | impartial hearing;
| ||||||
9 | (iv) unavoidably disclose the identity of a | ||||||
10 | confidential source or
confidential information | ||||||
11 | furnished only by the confidential source;
| ||||||
12 | (v) disclose unique or specialized investigative | ||||||
13 | techniques other than
those generally used and known or | ||||||
14 | disclose internal documents of
correctional agencies | ||||||
15 | related to detection, observation or investigation of
| ||||||
16 | incidents of crime or misconduct;
| ||||||
17 | (vi) constitute an invasion of personal privacy | ||||||
18 | under subsection (b) of
this Section;
| ||||||
19 | (vii) endanger the life or physical safety of law | ||||||
20 | enforcement personnel
or any other person; or
| ||||||
21 | (viii) obstruct an ongoing criminal investigation.
| ||||||
22 | (d) Criminal history record information maintained by | ||||||
23 | 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 information, | ||||||
27 | such as traditional
arrest logs or blotters;
| ||||||
28 | (ii) the name of a person in the custody of a law | ||||||
29 | enforcement agency and
the charges for which that | ||||||
30 | person is being held;
| ||||||
31 | (iii) court records that are public;
| ||||||
32 | (iv) records that are otherwise available under | ||||||
33 | State or local law; or
| ||||||
34 | (v) records in which the requesting party is the |
| |||||||
| |||||||
1 | individual
identified, except as provided under part | ||||||
2 | (vii) of
paragraph (c) of subsection (1) of this | ||||||
3 | 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 drafts, notes, recommendations, | ||||||
21 | memoranda and other
records in which opinions are | ||||||
22 | expressed, or policies or actions are
formulated, except | ||||||
23 | that a specific record or relevant portion of a
record | ||||||
24 | shall not be exempt when the record is publicly cited
and | ||||||
25 | identified by the head of the public body. The exemption | ||||||
26 | provided in
this paragraph (f) extends to all those records | ||||||
27 | of officers and agencies
of the General Assembly that | ||||||
28 | pertain to the preparation of legislative
documents.
| ||||||
29 | (g) Trade secrets and commercial or financial | ||||||
30 | information obtained from
a person or business where the | ||||||
31 | trade secrets or information are
proprietary, privileged | ||||||
32 | or confidential, or where disclosure of the trade
secrets | ||||||
33 | or information may cause competitive harm, including : | ||||||
34 | (i) All
all
information determined to be confidential |
| |||||||
| |||||||
1 | under Section 4002 of the
Technology Advancement and | ||||||
2 | Development Act. | ||||||
3 | (ii) Venture capital and private equity portfolio | ||||||
4 | information of
privately
held companies possessed by a | ||||||
5 | public body, including a public pension fund, for
the | ||||||
6 | purpose of investing and managing public funds. The | ||||||
7 | exemption contained in
this item does not apply to the | ||||||
8 | aggregate financial performance of a
venture capital or | ||||||
9 | private equity firm.
| ||||||
10 | Nothing contained in this
paragraph (g) shall be construed | ||||||
11 | to prevent a person or business from
consenting to disclosure.
| ||||||
12 | (h) Proposals and bids for any contract, grant, or | ||||||
13 | agreement, including
information which if it were | ||||||
14 | disclosed would frustrate procurement or give
an advantage | ||||||
15 | to any person proposing to enter into a contractor | ||||||
16 | agreement
with the body, until an award or final selection | ||||||
17 | is made. Information
prepared by or for the body in | ||||||
18 | preparation of a bid solicitation shall be
exempt until an | ||||||
19 | award or final selection is made.
| ||||||
20 | (i) Valuable formulae,
computer geographic systems,
| ||||||
21 | designs, drawings and research data obtained or
produced by | ||||||
22 | any public body when disclosure could reasonably be | ||||||
23 | expected to
produce private gain or public loss.
The | ||||||
24 | exemption for "computer geographic systems" provided in | ||||||
25 | this paragraph
(i) does not extend to requests made by news | ||||||
26 | media as defined in Section 2 of
this Act when the | ||||||
27 | requested information is not otherwise exempt and the only
| ||||||
28 | purpose of the request is to access and disseminate | ||||||
29 | information regarding the
health, safety, welfare, or | ||||||
30 | legal rights of the general public.
| ||||||
31 | (j) Test questions, scoring keys and other examination | ||||||
32 | data used to
administer an academic examination or | ||||||
33 | determined the qualifications of an
applicant for a license | ||||||
34 | or employment.
|
| |||||||
| |||||||
1 | (k) Architects' plans, engineers' technical | ||||||
2 | submissions, and
other
construction related technical | ||||||
3 | documents for
projects not constructed or developed in | ||||||
4 | whole or in part with public funds
and the same for | ||||||
5 | projects constructed or developed with public funds, but
| ||||||
6 | only to the extent
that disclosure would compromise | ||||||
7 | security, including but not limited to water
treatment | ||||||
8 | facilities, airport facilities, sport stadiums, convention | ||||||
9 | centers,
and all government owned, operated, or occupied | ||||||
10 | buildings.
| ||||||
11 | (l) Library circulation and order records identifying | ||||||
12 | library users with
specific materials.
| ||||||
13 | (m) Minutes of meetings of public bodies closed to the
| ||||||
14 | public as provided in the Open Meetings Act until the | ||||||
15 | public body
makes the minutes available to the public under | ||||||
16 | Section 2.06 of the Open
Meetings Act.
| ||||||
17 | (n) Communications between a public body and an | ||||||
18 | attorney or auditor
representing the public body that would | ||||||
19 | not be subject to discovery in
litigation, and materials | ||||||
20 | prepared or compiled by or for a public body in
| ||||||
21 | anticipation of a criminal, civil or administrative | ||||||
22 | proceeding upon the
request of an attorney advising the | ||||||
23 | public body, and materials prepared or
compiled with | ||||||
24 | respect to internal audits of public bodies.
| ||||||
25 | (o) Information received by a primary or secondary | ||||||
26 | school, college or
university under its procedures for the | ||||||
27 | evaluation of faculty members by
their academic peers.
| ||||||
28 | (p) Administrative or technical information associated | ||||||
29 | with automated
data processing operations, including but | ||||||
30 | not limited to software,
operating protocols, computer | ||||||
31 | program abstracts, file layouts, source
listings, object | ||||||
32 | modules, load modules, user guides, documentation
| ||||||
33 | pertaining to all logical and physical design of | ||||||
34 | computerized systems,
employee manuals, and any other |
| |||||||
| |||||||
1 | information that, if disclosed, would
jeopardize the | ||||||
2 | security of the system or its data or the security of
| ||||||
3 | materials exempt under this Section.
| ||||||
4 | (q) Documents or materials relating to collective | ||||||
5 | negotiating matters
between public bodies and their | ||||||
6 | employees or representatives, except that
any final | ||||||
7 | contract or agreement shall be subject to inspection and | ||||||
8 | copying.
| ||||||
9 | (r) Drafts, notes, recommendations and memoranda | ||||||
10 | pertaining to the
financing and marketing transactions of | ||||||
11 | the public body. The records of
ownership, registration, | ||||||
12 | transfer, and exchange of municipal debt
obligations, and | ||||||
13 | of persons to whom payment with respect to these | ||||||
14 | obligations
is made.
| ||||||
15 | (s) The records, documents and information relating to | ||||||
16 | real estate
purchase negotiations until those negotiations | ||||||
17 | have been completed or
otherwise terminated. With regard to | ||||||
18 | a parcel involved in a pending or
actually and reasonably | ||||||
19 | contemplated eminent domain proceeding under
Article VII | ||||||
20 | of the Code of Civil Procedure, records, documents and
| ||||||
21 | information relating to that parcel shall be exempt except | ||||||
22 | as may be
allowed under discovery rules adopted by the | ||||||
23 | Illinois Supreme Court. The
records, documents and | ||||||
24 | information relating to a real estate sale shall be
exempt | ||||||
25 | until a sale is consummated.
| ||||||
26 | (t) Any and all proprietary information and records | ||||||
27 | related to the
operation of an intergovernmental risk | ||||||
28 | management association or
self-insurance pool or jointly | ||||||
29 | self-administered health and accident
cooperative or pool.
| ||||||
30 | (u) Information concerning a university's adjudication | ||||||
31 | of student or
employee grievance or disciplinary cases, to | ||||||
32 | the extent that disclosure
would reveal the identity of the | ||||||
33 | student or employee and information
concerning any public | ||||||
34 | body's adjudication of student or employee grievances
or |
| |||||||
| |||||||
1 | disciplinary cases, except for the final outcome of the | ||||||
2 | cases.
| ||||||
3 | (v) Course materials or research materials used by | ||||||
4 | faculty members.
| ||||||
5 | (w) Information related solely to the internal | ||||||
6 | personnel rules and
practices of a public body.
| ||||||
7 | (x) Information contained in or related to | ||||||
8 | examination, operating, or
condition reports prepared by, | ||||||
9 | on behalf of, or for the use of a public
body responsible | ||||||
10 | for the regulation or supervision of financial
| ||||||
11 | institutions or insurance companies, unless disclosure is | ||||||
12 | otherwise
required by State law.
| ||||||
13 | (y) Information the disclosure of which is restricted | ||||||
14 | under Section
5-108 of the Public Utilities Act.
| ||||||
15 | (z) Manuals or instruction to staff that relate to | ||||||
16 | establishment or
collection of liability for any State tax | ||||||
17 | or that relate to investigations
by a public body to | ||||||
18 | determine violation of any criminal law.
| ||||||
19 | (aa) Applications, related documents, and medical | ||||||
20 | records received by
the Experimental Organ Transplantation | ||||||
21 | Procedures Board and any and all
documents or other records | ||||||
22 | prepared by the Experimental Organ
Transplantation | ||||||
23 | Procedures Board or its staff relating to applications
it | ||||||
24 | has received.
| ||||||
25 | (bb) Insurance or self insurance (including any | ||||||
26 | intergovernmental risk
management association or self | ||||||
27 | insurance pool) claims, loss or risk
management | ||||||
28 | information, records, data, advice or communications.
| ||||||
29 | (cc) Information and records held by the Department of | ||||||
30 | Public Health and
its authorized representatives relating | ||||||
31 | to known or suspected cases of
sexually transmissible | ||||||
32 | disease or any information the disclosure of which
is | ||||||
33 | restricted under the Illinois Sexually Transmissible | ||||||
34 | Disease Control Act.
|
| |||||||
| |||||||
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 | (ii) Beginning July 1, 1999, information that would | ||||||
19 | disclose
or might lead to the disclosure of
secret or | ||||||
20 | confidential information, codes, algorithms, programs, or | ||||||
21 | private
keys intended to be used to create electronic or | ||||||
22 | digital signatures under the
Electronic Commerce Security | ||||||
23 | Act.
| ||||||
24 | (jj) Information contained in a local emergency energy | ||||||
25 | plan submitted to
a municipality in accordance with a local | ||||||
26 | emergency energy plan ordinance that
is adopted under | ||||||
27 | Section 11-21.5-5 of the Illinois Municipal Code.
| ||||||
28 | (kk) Information and data concerning the distribution | ||||||
29 | of
surcharge moneys collected and remitted by wireless | ||||||
30 | carriers under the Wireless
Emergency Telephone Safety | ||||||
31 | Act.
| ||||||
32 | (ll) Vulnerability assessments, security measures, and | ||||||
33 | response policies
or plans that are designed to identify, | ||||||
34 | prevent, or respond to potential
attacks upon a community's |
| |||||||
| |||||||
1 | population or systems, facilities, or installations,
the | ||||||
2 | destruction or contamination of which would constitute a | ||||||
3 | clear and present
danger to the health or safety of the | ||||||
4 | community, but only to the extent that
disclosure could | ||||||
5 | reasonably be expected to jeopardize the effectiveness of | ||||||
6 | the
measures or the safety of the personnel who implement | ||||||
7 | them or the public.
Information exempt under this item may | ||||||
8 | include such things as details
pertaining to the | ||||||
9 | mobilization or deployment of personnel or equipment, to | ||||||
10 | the
operation of communication systems or protocols, or to | ||||||
11 | tactical operations.
| ||||||
12 | (mm) Maps and other records regarding the location or | ||||||
13 | security of a
utility's generation, transmission, | ||||||
14 | distribution, storage, gathering,
treatment, or switching | ||||||
15 | facilities.
| ||||||
16 | (nn) Law enforcement officer identification | ||||||
17 | information or
driver
identification
information compiled | ||||||
18 | by a law enforcement agency or the Department of
| ||||||
19 | Transportation
under Section 11-212 of the Illinois | ||||||
20 | Vehicle Code.
| ||||||
21 | (oo) Records and information provided to a residential
| ||||||
22 | health care
facility resident sexual assault
and death | ||||||
23 | review team or the Residential Health Care Facility | ||||||
24 | Resident Sexual
Assault and Death Review Teams Executive | ||||||
25 | Council under the Residential Health
Care Facility | ||||||
26 | Resident Sexual Assault and Death Review Team Act.
| ||||||
27 | (2) This Section does not authorize withholding of | ||||||
28 | information or limit the
availability of records to the public, | ||||||
29 | except as stated in this Section or
otherwise provided in this | ||||||
30 | Act.
| ||||||
31 | (Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281, | ||||||
32 | eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43, | ||||||
33 | eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03; | ||||||
34 | 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff. |
| |||||||
| |||||||
1 | 8-21-03; 93-617, eff. 12-9-03.)".
|