093_SB0461ham001 LRB093 03391 LCB 16860 a 1 AMENDMENT TO SENATE BILL 461 2 AMENDMENT NO. . Amend Senate Bill 461 by replacing 3 everything after the enacting clause with the following: 4 "Section 1. Short title. This Act may be cited as the 5 State Services Accountability Act. 6 Section 5. Legislative findings and declaration of 7 policy. 8 (a) The purpose of this Act is to set forth a program to 9 better provide services and public works to the citizens of 10 Illinois by ensuring that tax dollars expended for services 11 or public works are properly used for their allocated 12 purpose. The State of Illinois enters into reimbursement 13 agreements and contracts with and provides grants to private 14 entities (contractors and grantees) for the purpose of 15 providing services and building or enhancing public works for 16 the citizens of Illinois. The State of Illinois enters into 17 these contracts and provides these grants to provide quality 18 services and public works for the citizens of Illinois. 19 (b) The General Assembly finds that the needs of its 20 citizens cannot be met if the time frame for provision of 21 services or public works provided through reimbursement 22 agreements, contracts, or grant agreements between the State -2- LRB093 03391 LCB 16860 a 1 of Illinois and contractors and grantees are subject to 2 disruption and further finds that likelihood of disruption is 3 enhanced where disputes arise over unionization. 4 (c) The General Assembly finds that the development of a 5 stable, well-trained, committed workforce is essential to the 6 provision of quality services to Illinois' citizens. 7 (d) The General Assembly further finds that the tax 8 dollars intended for appropriated use should not be used to 9 conduct campaigns aimed at influencing the outcome of union 10 representation elections. In addition, staff time, paid with 11 tax dollars, should be spent providing services to Illinois' 12 citizens and not consumed by attending compulsory meetings to 13 influence employees regarding unionization. 14 (e) It is hereby declared to be the policy of the State 15 of Illinois that, to foster the development of a stable, 16 well-trained, committed workforce, the State of Illinois 17 shall prohibit its contractors or grantees from using State 18 funding to influence the decision of their employees to be 19 represented or not be represented by a union. 20 (f) This Act is intended solely as a limitation on the 21 permissible uses of State appropriations. It is not intended 22 to expand, limit, or in any manner affect existing rights or 23 duties of employers, employees, or labor organizations under 24 the National Labor Relations Act or other federal law 25 affecting labor relations. 26 Section 10. Definitions. As used in this Act: 27 "Contractor or grantee" means an individual or entity, 28 other than the State of Illinois, a State agency, or a 29 political subdivision of the State of Illinois, which has a 30 reimbursement agreement or contractual or other relationship 31 with or has received moneys from the State of Illinois or a 32 State agency to provide services, or public works which 33 reimbursement agreement, contract, or grant is funded in -3- LRB093 03391 LCB 16860 a 1 whole or in part by the State of Illinois, or through the 2 Medicaid program of the State of Illinois. 3 "Contractor" includes a subcontractor and a contractor of 4 a grantee and any other entity, other than a unit of local 5 government or a school district, that receives State funds 6 for supplying services or public works pursuant to a written 7 contract with the State or any of its agencies and which is 8 controlled in whole or in part by the contractor or an entity 9 in which the contractor has a substantial beneficial 10 interest. 11 "Department" means the Department of Labor. 12 "Grantee" includes a sub-grantee and a grantee of a 13 contractor and any other entity which provides services or 14 public works controlled in whole or in part by the grantee, 15 or an entity in which the grantee has a substantial 16 beneficial interest. 17 "Employee" means a person employed by a contractor or 18 grantee other than a person employed in a bona fide 19 supervisory or managerial position as defined by applicable 20 law. 21 "Labor organization", "employee representative", or 22 "union" means an organization or union of any kind in which 23 employees participate and which exists for the purpose, in 24 whole or in part, of representing employees concerning 25 grievances, labor disputes, wages, rates of pay, benefits, 26 hours of employment, or working conditions. 27 "State agency" includes the State and every State agency, 28 department, board, or commission. 29 "State funds" means any money provided by the State of 30 Illinois or a State agency. 31 "Public works" means all fixed works constructed for 32 public use by any public body, other than work done directly 33 by any public utility company, whether or not done under 34 public supervision or direction, or paid for wholly or in -4- LRB093 03391 LCB 16860 a 1 part out of public funds. "Public works" as defined herein 2 includes all projects financed in whole or in part with bonds 3 issued under the Industrial Project Revenue Bond Act (Article 4 11, Division 74 of the Illinois Municipal Code), the 5 Industrial Building Revenue Bond Act, the Illinois 6 Development Finance Authority Act, the Illinois Sports 7 Facilities Authority Act, or the Build Illinois Bond Act, and 8 all projects financed in whole or in part with loans or other 9 funds made available pursuant to the Build Illinois Act. 10 "Public works" also means, through December 31, 2005, all 11 projects financed in whole or in part with funds from the 12 Fund for Illinois' Future under Section 6z-47 of the State 13 Finance Act, funds for school construction under Section 5 of 14 the General Obligation Bond Act, funds authorized under 15 Section 3 of the School Construction Bond Act, funds for 16 school infrastructure under Section 6z-45 of the State 17 Finance Act, or funds for transportation purposes under 18 Section 4 of the General Obligation Bond Act. 19 "Public body" means the State or any officer, board or 20 commission of the State or any political subdivision or 21 department thereof, or any institution supported in whole or 22 in part by public funds, authorized by law to construct 23 public works or to enter into any contract for the 24 construction of public works, and includes every county, 25 city, town, village, township, school district, irrigation, 26 utility, reclamation improvement or other district and every 27 other political subdivision, district, or municipality of the 28 State whether such political subdivision, municipality, or 29 district operates under a special charter or not. 30 Section 12. Applicability. This Act does not apply to 31 the following: 32 (1) any contract or grant that has a value of less 33 than $25,000; or -5- LRB093 03391 LCB 16860 a 1 (2) any contractor or grantee that receives at 2 least 85% of its total revenues from sources other than 3 the State of Illinois. 4 The dollar amount in this Section shall be updated 5 annually, beginning on January 20, 2005, by a percentage 6 equal to the change in the consumer price index-u during the 7 preceding 12-month calendar year. "Consumer price index-u" 8 means the index published by the Bureau of Labor Statistics 9 of the United States Department of Labor that measures the 10 average change in prices of goods and services purchased by 11 all urban consumers, United States city average, all items, 12 1982-84=100. The new amount resulting from each annual 13 adjustment shall be determined by the Illinois Department of 14 Labor and made available to the public on January 20 of every 15 year. 16 Section 15. Policy requirements. 17 (a) All contractors and grantees shall certify as part 18 of any State contract, grant, or reimbursement agreement that 19 they will not use State funds to promote, assist, or deter 20 union organizing or to otherwise seek to influence the 21 decision of any of its employees to be represented or not 22 represented by a labor organization. 23 (b) No contractor or grantee shall receive a contract or 24 grant to provide services or public works for the citizens of 25 the State of Illinois unless the contractor or grantee has 26 agreed to provide certification under subsection (a). 27 (c) Any reimbursement agreement, contract, or grant 28 entered into by and between a contractor or a grantee and the 29 State of Illinois or a State agency to provide services or 30 public works shall include a certification under subsection 31 (a) and an agreement by the contractor or grantee to comply 32 with the terms of the certification under subsection (a). 33 (d) Any contractor or grantee entering into a contract -6- LRB093 03391 LCB 16860 a 1 with any person or entity to provide services or public works 2 directly subject to, and primarily for the purpose of 3 performing, the contract or grant agreement between the 4 contractor or grantee and the State of Illinois or a State 5 agency shall include in the contract or grant agreement a 6 certification under subsection (a) identical to the 7 certification under subsection (a) in the contract or grant 8 agreement between the contractor or grantee and the State of 9 Illinois or State agency. 10 Section 20. Reporting. 11 (a) Any contractor or grantee who is subject to this Act 12 and who makes expenditures to assist, promote, or deter union 13 organizing shall maintain records sufficient to show that no 14 State funds were used for those expenditures. Expenditures to 15 be included in this record include, but are not limited to, 16 the cost of: literature or other similar communications 17 related to union representation; the hiring of vendors, 18 including lawyers and consultants, for the purpose of 19 influencing a unionization effort; the holding of meetings, 20 including meetings with supervisors and managerial employees, 21 to influence employees regarding unionization; and the wages 22 of employees, including supervisory and management employees, 23 during any activity aimed at influencing a unionization 24 effort or the preparation for the activity. 25 (b) Any taxpayer, employee, or employee representative 26 may file a complaint with the Department of Labor against a 27 contractor or grantee covered under this Act, if the 28 taxpayer, employee, or employee representative believes in 29 good faith that the contractor or grantee has expended funds 30 in violation of this Act. For the purposes of this Section, a 31 complainant is presumed to act in good faith if the 32 complainant reasonably believes that: (i) the information 33 reported or disclosed to the complainant is true; and (ii) a -7- LRB093 03391 LCB 16860 a 1 violation has occurred. A complainant is not acting in good 2 faith under this Section if the complaint is based on 3 information that the complainant reasonably should know is 4 false or misleading with respect to the occurrence of a 5 violation, or if the complainant has reason to believe 6 another party has filed a similar complaint within the past 7 14 days. 8 (c) Upon receipt of a complaint by the Department, the 9 Department shall immediately notify the State agency that has 10 entered into the contract, grant, or reimbursement agreement 11 with respect to which the complainant has alleged an 12 expenditure of funds that violates this Act. The State agency 13 shall, within 5 business days, provide the Department with 14 copies of all documents in its possession relevant to the 15 amount and sources of expenditures by the contractor or 16 grantee under the contract, grant, or reimbursement 17 agreement, and shall otherwise give full cooperation to the 18 Department in all aspects of the Department's adjudication of 19 the complaint. The Department shall, within 3 business days 20 after a complaint is filed, provide the contractor or grantee 21 with a copy of the complaint by personal service or certified 22 mail, together with notice to the contractor or grantee that 23 it must provide the records described in subsection (a) of 24 this Section. The contractor or grantee shall provide the 25 records to the Department within 15 business days after the 26 contractor or grantee receives notice from the Department, 27 unless the Department gives the contractor or grantee an 28 extension of 10 business days extension to provide the 29 records, based upon a showing of good cause for the 30 extension. The Department shall keep confidential all 31 proprietary records submitted by contractors or grantees, 32 pursuant to the filing of a complaint that is not subject to 33 the Freedom of Information Act or relevant to the State 34 contract. The Department shall not provide these proprietary -8- LRB093 03391 LCB 16860 a 1 records to the opposing party, except as is necessary to 2 investigate or prosecute a complaint, or to give the 3 complainant the opportunity to provide additional, 4 supplemental, or rebuttal information or evidence. These 5 proprietary records shall be subject to a protective order, 6 if appropriate, to prohibit redisclosure. Following the last 7 date for receipt of all required records, the Department 8 shall schedule an expedited hearing. The Department shall 9 provide the parties to the hearing with at least 5 business 10 days' advance notice. The issue at the hearing shall be 11 whether there is probable cause to believe that the 12 contractor or grantee has violated the Act by using State 13 funds to promote, assist, or deter union organizing, or to 14 otherwise seek to influence the decision of any of its 15 employees to be represented or not represented by a labor 16 organization. The hearing shall be completed, and a decision 17 rendered by the Department, within 5 business days. For good 18 cause, the Department may extend the final date for issuing a 19 decision by an additional 5 business days. The decision of 20 the Department shall not include the disclosure of 21 confidential business records. 22 Section 25. Enforcement. 23 (a) The Department shall immediately provide the 24 Attorney General with a copy of its decision, together with a 25 copy of the full hearing record and all documents submitted 26 to the Department by other State agencies and the contractor 27 or grantee. Not earlier than 21 calendar days after the 28 Department provides these documents, the Attorney General may 29 take any action that in the sole judgment of the Attorney 30 General is necessary to enforce compliance with the Act 31 including, but not limited to, a civil action for injunctive 32 relief, declaratory relief, specific performance, or damages 33 or a combination of these remedies. Between the time that the -9- LRB093 03391 LCB 16860 a 1 Department renders a decision and the earliest date that the 2 Attorney General may file an action for enforcement of the 3 Act, any party to the hearing before the Department may 4 provide the Attorney General with supplementary written 5 information relevant to the issue of whether an action for 6 enforcement should be filed. 7 (b) If the State of Illinois brings an enforcement 8 action for violation of this Act, any taxpayer, employee, or 9 employee representative with a direct interest in compliance 10 with this Act may join in that enforcement action as a real 11 party in interest. 12 (c) If the State of Illinois declines to institute an 13 action for enforcement for violation of this Act within 30 14 calendar days following the decision of the Department as to 15 probable cause, any taxpayer, employee, or employee 16 representative with a direct interest in compliance with this 17 Act may institute and enforce a civil action on his or her or 18 its own behalf against the contractor or grantee and seek 19 injunctive relief, declaratory relief, specific performance, 20 or damages or a combination of those remedies. If a private 21 party commencing an action under this Section makes a 22 preliminary showing, supported by affidavit, that the 23 contractor or grantee may have used State funds to assist, 24 promote, or deter union organizing, or to otherwise seek to 25 influence the decision of its employees to be represented or 26 not represented by a labor organization, that party shall 27 have the right to obtain, through subpoena, the records 28 maintained by the contractor or grantee under Section 20, 29 subject to a protective order, if appropriate, to prohibit 30 redisclosure. 31 (d) Remedies for violation of this Act include but are 32 not limited to injunctive and declaratory relief, specific 33 performance, and monetary damages. In view of the difficulty 34 of determining actual damages incurred because of a violation -10- LRB093 03391 LCB 16860 a 1 of this Act, liquidated damages shall be awarded at the rate 2 of $1,000 for each violation, plus an additional $500 for 3 each day the violation continues without remedy. All damages 4 shall inure to the benefit of the State of Illinois. 5 (e) If a private party commences a civil action under 6 this Section that the court deems frivolous, the court shall 7 dismiss the action and may assess court costs and attorney's 8 fees against the plaintiff. 9 Section 35. Construction of Act. Nothing in this Act 10 shall be construed to make a contractor responsible for the 11 actions of a subcontractor. 12 Section 90. Severability. The provisions of this Act are 13 severable under Section 1.31 of the Statute on Statutes. 14 Section 800. The Freedom of Information Act is amended 15 by changing Section 7 as follows: 16 (5 ILCS 140/7) (from Ch. 116, par. 207) 17 Sec. 7. Exemptions. 18 (1) The following shall be exempt from inspection and 19 copying: 20 (a) Information specifically prohibited from 21 disclosure by federal or State law or rules and 22 regulations adopted under federal or State law. 23 (b) Information that, if disclosed, would 24 constitute a clearly unwarranted invasion of personal 25 privacy, unless the disclosure is consented to in writing 26 by the individual subjects of the information. The 27 disclosure of information that bears on the public duties 28 of public employees and officials shall not be considered 29 an invasion of personal privacy. Information exempted 30 under this subsection (b) shall include but is not -11- LRB093 03391 LCB 16860 a 1 limited to: 2 (i) files and personal information maintained 3 with respect to clients, patients, residents, 4 students or other individuals receiving social, 5 medical, educational, vocational, financial, 6 supervisory or custodial care or services directly 7 or indirectly from federal agencies or public 8 bodies; 9 (ii) personnel files and personal information 10 maintained with respect to employees, appointees or 11 elected officials of any public body or applicants 12 for those positions; 13 (iii) files and personal information 14 maintained with respect to any applicant, registrant 15 or licensee by any public body cooperating with or 16 engaged in professional or occupational 17 registration, licensure or discipline; 18 (iv) information required of any taxpayer in 19 connection with the assessment or collection of any 20 tax unless disclosure is otherwise required by State 21 statute; and 22 (v) information revealing the identity of 23 persons who file complaints with or provide 24 information to administrative, investigative, law 25 enforcement or penal agencies; provided, however, 26 that identification of witnesses to traffic 27 accidents, traffic accident reports, and rescue 28 reports may be provided by agencies of local 29 government, except in a case for which a criminal 30 investigation is ongoing, without constituting a 31 clearly unwarranted per se invasion of personal 32 privacy under this subsection. 33 (c) Records compiled by any public body for 34 administrative enforcement proceedings and any law -12- LRB093 03391 LCB 16860 a 1 enforcement or correctional agency for law enforcement 2 purposes or for internal matters of a public body, but 3 only to the extent that disclosure would: 4 (i) interfere with pending or actually and 5 reasonably contemplated law enforcement proceedings 6 conducted by any law enforcement or correctional 7 agency; 8 (ii) interfere with pending administrative 9 enforcement proceedings conducted by any public 10 body; 11 (iii) deprive a person of a fair trial or an 12 impartial hearing; 13 (iv) unavoidably disclose the identity of a 14 confidential source or confidential information 15 furnished only by the confidential source; 16 (v) disclose unique or specialized 17 investigative techniques other than those generally 18 used and known or disclose internal documents of 19 correctional agencies related to detection, 20 observation or investigation of incidents of crime 21 or misconduct; 22 (vi) constitute an invasion of personal 23 privacy under subsection (b) of this Section; 24 (vii) endanger the life or physical safety of 25 law enforcement personnel or any other person; or 26 (viii) obstruct an ongoing criminal 27 investigation. 28 (d) Criminal history record information maintained 29 by State or local criminal justice agencies, except the 30 following which shall be open for public inspection and 31 copying: 32 (i) chronologically maintained arrest 33 information, such as traditional arrest logs or 34 blotters; -13- LRB093 03391 LCB 16860 a 1 (ii) the name of a person in the custody of a 2 law enforcement agency and the charges for which 3 that person is being held; 4 (iii) court records that are public; 5 (iv) records that are otherwise available 6 under State or local law; or 7 (v) records in which the requesting party is 8 the individual identified, except as provided under 9 part (vii) of paragraph (c) of subsection (1) of 10 this Section. 11 "Criminal history record information" means data 12 identifiable to an individual and consisting of 13 descriptions or notations of arrests, detentions, 14 indictments, informations, pre-trial proceedings, trials, 15 or other formal events in the criminal justice system or 16 descriptions or notations of criminal charges (including 17 criminal violations of local municipal ordinances) and 18 the nature of any disposition arising therefrom, 19 including sentencing, court or correctional supervision, 20 rehabilitation and release. The term does not apply to 21 statistical records and reports in which individuals are 22 not identified and from which their identities are not 23 ascertainable, or to information that is for criminal 24 investigative or intelligence purposes. 25 (e) Records that relate to or affect the security 26 of correctional institutions and detention facilities. 27 (f) Preliminary drafts, notes, recommendations, 28 memoranda and other records in which opinions are 29 expressed, or policies or actions are formulated, except 30 that a specific record or relevant portion of a record 31 shall not be exempt when the record is publicly cited and 32 identified by the head of the public body. The exemption 33 provided in this paragraph (f) extends to all those 34 records of officers and agencies of the General Assembly -14- LRB093 03391 LCB 16860 a 1 that pertain to the preparation of legislative documents. 2 (g) Trade secrets and commercial or financial 3 information obtained from a person or business where the 4 trade secrets or information are proprietary, privileged 5 or confidential, or where disclosure of the trade secrets 6 or information may cause competitive harm, including all 7 information determined to be confidential under Section 8 4002 of the Technology Advancement and Development Act, 9 or the State Services Accountability Act. Nothing 10 contained in this paragraph (g) shall be construed to 11 prevent a person or business from consenting to 12 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 16 advantage to any person proposing to enter into a 17 contractor agreement with the body, until an award or 18 final selection is made. Information prepared by or for 19 the body in preparation of a bid solicitation shall be 20 exempt until an award or final selection is made. 21 (i) Valuable formulae, computer geographic systems, 22 designs, drawings and research data obtained or produced 23 by any public body when disclosure could reasonably be 24 expected to produce private gain or public loss. 25 (j) Test questions, scoring keys and other 26 examination data used to administer an academic 27 examination or determined the qualifications of an 28 applicant for a license or employment. 29 (k) Architects' plans and engineers' technical 30 submissions for projects not constructed or developed in 31 whole or in part with public funds and for projects 32 constructed or developed with public funds, to the extent 33 that disclosure would compromise security. 34 (l) Library circulation and order records -15- LRB093 03391 LCB 16860 a 1 identifying library users with specific materials. 2 (m) Minutes of meetings of public bodies closed to 3 the public as provided in the Open Meetings Act until the 4 public body makes the minutes available to the public 5 under Section 2.06 of the Open Meetings Act. 6 (n) Communications between a public body and an 7 attorney or auditor representing the public body that 8 would not be subject to discovery in litigation, and 9 materials prepared or compiled by or for a public body in 10 anticipation of a criminal, civil or administrative 11 proceeding upon the request of an attorney advising the 12 public body, and materials prepared or compiled with 13 respect to internal audits of public bodies. 14 (o) Information received by a primary or secondary 15 school, college or university under its procedures for 16 the evaluation of faculty members by their academic 17 peers. 18 (p) Administrative or technical information 19 associated with automated data processing operations, 20 including but not limited to software, operating 21 protocols, computer program abstracts, file layouts, 22 source listings, object modules, load modules, user 23 guides, documentation pertaining to all logical and 24 physical design of computerized systems, employee 25 manuals, and any other information that, if disclosed, 26 would jeopardize the security of the system or its data 27 or the security of materials exempt under this Section. 28 (q) Documents or materials relating to collective 29 negotiating matters between public bodies and their 30 employees or representatives, except that any final 31 contract or agreement shall be subject to inspection and 32 copying. 33 (r) Drafts, notes, recommendations and memoranda 34 pertaining to the financing and marketing transactions of -16- LRB093 03391 LCB 16860 a 1 the public body. The records of ownership, registration, 2 transfer, and exchange of municipal debt obligations, and 3 of persons to whom payment with respect to these 4 obligations is made. 5 (s) The records, documents and information relating 6 to real estate purchase negotiations until those 7 negotiations have been completed or otherwise terminated. 8 With regard to a parcel involved in a pending or actually 9 and reasonably contemplated eminent domain proceeding 10 under Article VII of the Code of Civil Procedure, 11 records, documents and information relating to that 12 parcel shall be exempt except as may be allowed under 13 discovery rules adopted by the Illinois Supreme Court. 14 The records, documents and information relating to a real 15 estate sale shall be exempt until a sale is consummated. 16 (t) Any and all proprietary information and records 17 related to the operation of an intergovernmental risk 18 management association or self-insurance pool or jointly 19 self-administered health and accident cooperative or 20 pool. 21 (u) Information concerning a university's 22 adjudication of student or employee grievance or 23 disciplinary cases, to the extent that disclosure would 24 reveal the identity of the student or employee and 25 information concerning any public body's adjudication of 26 student or employee grievances or disciplinary cases, 27 except for the final outcome of the cases. 28 (v) Course materials or research materials used by 29 faculty members. 30 (w) Information related solely to the internal 31 personnel rules and practices of a public body. 32 (x) Information contained in or related to 33 examination, operating, or condition reports prepared by, 34 on behalf of, or for the use of a public body responsible -17- LRB093 03391 LCB 16860 a 1 for the regulation or supervision of financial 2 institutions or insurance companies, unless disclosure is 3 otherwise required by State law. 4 (y) Information the disclosure of which is 5 restricted under Section 5-108 of the Public Utilities 6 Act. 7 (z) Manuals or instruction to staff that relate to 8 establishment or collection of liability for any State 9 tax 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 13 Transplantation Procedures Board and any and all 14 documents or other records prepared by the Experimental 15 Organ Transplantation Procedures Board or its staff 16 relating to applications it 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 22 of Public Health and its authorized representatives 23 relating to known or suspected cases of sexually 24 transmissible disease or any information the disclosure 25 of which is restricted under the Illinois Sexually 26 Transmissible Disease Control Act. 27 (dd) Information the disclosure of which is 28 exempted under Section 30 of the Radon Industry Licensing 29 Act. 30 (ee) Firm performance evaluations under Section 55 31 of the Architectural, Engineering, and Land Surveying 32 Qualifications Based Selection Act. 33 (ff) Security portions of system safety program 34 plans, investigation reports, surveys, schedules, lists, -18- LRB093 03391 LCB 16860 a 1 data, or information compiled, collected, or prepared by 2 or for the Regional Transportation Authority under 3 Section 2.11 of the Regional Transportation Authority Act 4 or the St. Clair County Transit District under the 5 Bi-State Transit Safety Act. 6 (gg) Information the disclosure of which is 7 restricted and exempted under Section 50 of the Illinois 8 Prepaid Tuition Act. 9 (hh) Information the disclosure of which is 10 exempted under Section 80 of the State Gift Ban Act. 11 (ii) Beginning July 1, 1999, information that would 12 disclose or might lead to the disclosure of secret or 13 confidential information, codes, algorithms, programs, or 14 private keys intended to be used to create electronic or 15 digital signatures under the Electronic Commerce Security 16 Act. 17 (jj) Information contained in a local emergency 18 energy plan submitted to a municipality in accordance 19 with a local emergency energy plan ordinance that is 20 adopted under Section 11-21.5-5 of the Illinois Municipal 21 Code. 22 (kk) Information and data concerning the 23 distribution of surcharge moneys collected and remitted 24 by wireless carriers under the Wireless Emergency 25 Telephone Safety Act. 26 (2) This Section does not authorize withholding of 27 information or limit the availability of records to the 28 public, except as stated in this Section or otherwise 29 provided in this Act. 30 (Source: P.A. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99; 31 91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff. 32 8-3-01; 92-281, eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, 33 eff. 7-11-02.)".