Sen. William R. Haine

Filed: 10/14/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 353

2     AMENDMENT NO. ______. Amend Senate Bill 353 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     (Text of Section before amendment by P.A. 96-736)
8     Sec. 7. Exemptions.
9     (1) When a request is made to inspect or copy a public
10 record that contains information that is exempt from disclosure
11 under this Section, but also contains information that is not
12 exempt from disclosure, the public body may elect to redact the
13 information that is exempt. The public body shall make the
14 remaining information available for inspection and copying.
15 Subject to this requirement, the following shall be exempt from
16 inspection and copying:

 

 

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1         (a) Information specifically prohibited from
2     disclosure by federal or State law or rules and regulations
3     implementing federal or State law.
4         (b) Private information, unless disclosure is required
5     by another provision of this Act, a State or federal law or
6     a court order.
7         (b-5) Files, documents, and other data or databases
8     maintained by one or more law enforcement agencies and
9     specifically designed to provide information to one or more
10     law enforcement agencies regarding the physical or mental
11     status of one or more individual subjects.
12         (c) Personal information contained within public
13     records, the disclosure of which would constitute a clearly
14     unwarranted invasion of personal privacy, unless the
15     disclosure is consented to in writing by the individual
16     subjects of the information. "Unwarranted invasion of
17     personal privacy" means the disclosure of information that
18     is highly personal or objectionable to a reasonable person
19     and in which the subject's right to privacy outweighs any
20     legitimate public interest in obtaining the information.
21     The disclosure of information that bears on the public
22     duties of public employees and officials shall not be
23     considered an invasion of personal privacy, subject to the
24     other exemptions provided in this Section.
25         (d) Records in the possession of any public body
26     created in the course of administrative enforcement

 

 

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1     proceedings, and any law enforcement or correctional
2     agency for law enforcement purposes, but only to the extent
3     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 that is the recipient of the request;
8             (ii) interfere with active administrative
9         enforcement proceedings conducted by the public body
10         that is the recipient of the request;
11             (iii) create a substantial likelihood that a
12         person will be deprived of a fair trial or an impartial
13         hearing;
14             (iv) unavoidably disclose the identity of a
15         confidential source, confidential information
16         furnished only by the confidential source, or 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 active criminal investigation
24         conducted by the agency that is the recipient of the
25         request;
26             (v) disclose unique or specialized investigative

 

 

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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 that is the recipient of the request;
7             (vi) endanger the life or physical safety of law
8         enforcement personnel or any other person; or
9             (vii) obstruct an ongoing criminal investigation
10         by the agency that is the recipient of the request.
11         (e) Records that relate to or affect the security of
12     correctional institutions and detention facilities.
13         (f) Preliminary drafts, notes, recommendations,
14     memoranda and other records in which opinions are
15     expressed, or policies or actions are formulated, except
16     that a specific record or relevant portion of a record
17     shall not be exempt when the record is publicly cited and
18     identified by the head of the public body. The exemption
19     provided in this paragraph (f) extends to all those records
20     of officers and agencies of the General Assembly that
21     pertain to the preparation of legislative documents.
22         (g) Trade secrets and commercial or financial
23     information obtained from a person or business where the
24     trade secrets or commercial or financial information are
25     furnished under a claim that they are proprietary,
26     privileged or confidential, and that disclosure of the

 

 

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1     trade secrets or commercial or financial information would
2     cause competitive harm to the person or business, and only
3     insofar as the claim directly applies to the records
4     requested.
5         The information included under this exemption includes
6     all (i) All trade secrets and commercial or financial
7     information obtained by a public body, including a public
8     pension fund, from a private equity fund or a privately
9     held company within the investment portfolio of a private
10     equity fund as a result of either investing or evaluating a
11     potential investment of public funds in a private equity
12     fund. The exemption contained in this item does not apply
13     to the aggregate financial performance information of a
14     private equity fund, nor to the identity of the fund's
15     managers or general partners. The exemption contained in
16     this item does not apply to the identity of a privately
17     held company within the investment portfolio of a private
18     equity fund, unless the disclosure of the identity of a
19     privately held company may cause competitive harm.
20         Nothing contained in this paragraph (g) shall be
21     construed to prevent a person or business from consenting
22     to disclosure.
23         (h) Proposals and bids for any contract, grant, or
24     agreement, including information which if it were
25     disclosed would frustrate procurement or give an advantage
26     to any person proposing to enter into a contractor

 

 

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1     agreement with the body, until an award or final selection
2     is made. Information prepared by or for the body in
3     preparation of a bid solicitation shall be exempt until an
4     award or final selection is made.
5         (i) Valuable formulae, computer geographic systems,
6     designs, drawings and research data obtained or produced by
7     any public body when disclosure could reasonably be
8     expected to produce private gain or public loss. The
9     exemption for "computer geographic systems" provided in
10     this paragraph (i) does not extend to requests made by news
11     media as defined in Section 2 of this Act when the
12     requested information is not otherwise exempt and the only
13     purpose of the request is to access and disseminate
14     information regarding the health, safety, welfare, or
15     legal rights of the general public.
16         (j) The following information pertaining to
17     educational matters:
18             (i) test questions, scoring keys and other
19         examination data used to administer an academic
20         examination;
21             (ii) information received by a primary or
22         secondary school, college, or university under its
23         procedures for the evaluation of faculty members by
24         their academic peers;
25             (iii) information concerning a school or
26         university's adjudication of student disciplinary

 

 

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1         cases, but only to the extent that disclosure would
2         unavoidably reveal the identity of the student; and
3             (iv) course materials or research materials used
4         by faculty members.
5         (k) Architects' plans, engineers' technical
6     submissions, and other construction related technical
7     documents for projects not constructed or developed in
8     whole or in part with public funds and the same for
9     projects constructed or developed with public funds,
10     including but not limited to power generating and
11     distribution stations and other transmission and
12     distribution facilities, water treatment facilities,
13     airport facilities, sport stadiums, convention centers,
14     and all government owned, operated, or occupied buildings,
15     but only to the extent that disclosure would compromise
16     security.
17         (l) Minutes of meetings of public bodies closed to the
18     public as provided in the Open Meetings Act until the
19     public body makes the minutes available to the public under
20     Section 2.06 of the Open Meetings Act.
21         (m) Communications between a public body and an
22     attorney or auditor representing the public body that would
23     not be subject to discovery in litigation, and materials
24     prepared or compiled by or for a public body in
25     anticipation of a criminal, civil or administrative
26     proceeding upon the request of an attorney advising the

 

 

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1     public body, and materials prepared or compiled with
2     respect to internal audits of public bodies.
3         (n) Records relating to a public body's investigation,
4     settlement, and adjudication of employee grievances or
5     disciplinary cases; however, this exemption shall not
6     extend to cases in which criminal charges are filed for
7     which disclosure of information shall be governed by that
8     which may be disclosed under the provisions of subsection
9     (a) of Section 2.15 until there is a final non-appealable
10     conviction the final outcome of cases in which discipline
11     is imposed.
12         (o) Administrative or technical information associated
13     with automated data processing operations, including but
14     not limited to software, operating protocols, computer
15     program abstracts, file layouts, source listings, object
16     modules, load modules, user guides, documentation
17     pertaining to all logical and physical design of
18     computerized systems, employee manuals, and any other
19     information that, if disclosed, would jeopardize the
20     security of the system or its data or the security of
21     materials exempt under this Section.
22         (p) Records relating to collective negotiating matters
23     between public bodies and their employees or
24     representatives, except that any final contract or
25     agreement shall be subject to inspection and copying.
26         (q) Test questions, scoring keys, and other

 

 

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1     examination data used to determine the qualifications of an
2     applicant for a license or employment.
3         (r) The records, documents, and information relating
4     to real estate purchase negotiations until those
5     negotiations have been completed or otherwise terminated.
6     With regard to a parcel involved in a pending or actually
7     and reasonably contemplated eminent domain proceeding
8     under the Eminent Domain Act, records, documents and
9     information relating to that parcel shall be exempt except
10     as may be allowed under discovery rules adopted by the
11     Illinois Supreme Court. The records, documents and
12     information relating to a real estate sale shall be exempt
13     until a sale is consummated.
14         (s) Any and all proprietary information and records
15     related to the operation of an intergovernmental risk
16     management association or self-insurance pool or jointly
17     self-administered health and accident cooperative or pool.
18     Insurance or self insurance (including any
19     intergovernmental risk management association or self
20     insurance pool) claims, loss or risk management
21     information, records, data, advice or communications.
22         (t) Information contained in or related to
23     examination, operating, or condition reports prepared by,
24     on behalf of, or for the use of a public body responsible
25     for the regulation or supervision of financial
26     institutions or insurance companies, unless disclosure is

 

 

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1     otherwise required by State law.
2         (u) Information that would disclose or might lead to
3     the disclosure of secret or confidential information,
4     codes, algorithms, programs, or private keys intended to be
5     used to create electronic or digital signatures under the
6     Electronic Commerce Security Act.
7         (v) Vulnerability assessments, security measures, and
8     response policies or plans that are designed to identify,
9     prevent, or respond to potential attacks upon a community's
10     population or systems, facilities, or installations, the
11     destruction or contamination of which would constitute a
12     clear and present danger to the health or safety of the
13     community, but only to the extent that disclosure could
14     reasonably be expected to jeopardize the effectiveness of
15     the measures or the safety of the personnel who implement
16     them or the public. Information exempt under this item may
17     include such things as details pertaining to the
18     mobilization or deployment of personnel or equipment, to
19     the operation of communication systems or protocols, or to
20     tactical operations.
21         (w) (Blank).
22         (x) Maps and other records regarding the location or
23     security of generation, transmission, distribution,
24     storage, gathering, treatment, or switching facilities
25     owned by a utility, by a power generator, or by the
26     Illinois Power Agency.

 

 

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1         (y) Information contained in or related to proposals,
2     bids, or negotiations related to electric power
3     procurement under Section 1-75 of the Illinois Power Agency
4     Act and Section 16-111.5 of the Public Utilities Act that
5     is determined to be confidential and proprietary by the
6     Illinois Power Agency or by the Illinois Commerce
7     Commission.
8         (z) (tt) Information about students exempted from
9     disclosure under Sections 10-20.38 or 34-18.29 of the
10     School Code, and information about undergraduate students
11     enrolled at an institution of higher education exempted
12     from disclosure under Section 25 of the Illinois Credit
13     Card Marketing Act of 2009.
14     (2) A public record that is not in the possession of a
15 public body but is in the possession of a party with whom the
16 agency has contracted to perform a governmental function on
17 behalf of the public body, and that directly relates to the
18 governmental function and is not otherwise exempt under this
19 Act, shall be considered a public record of the public body,
20 for purposes of this Act.
21     (3) This Section does not authorize withholding of
22 information or limit the availability of records to the public,
23 except as stated in this Section or otherwise provided in this
24 Act.
25 (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
26 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10;

 

 

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1 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10;
2 revised 9-25-09.)
 
3     (Text of Section after amendment by P.A. 96-736)
4     Sec. 7. Exemptions.
5     (1) When a request is made to inspect or copy a public
6 record that contains information that is exempt from disclosure
7 under this Section, but also contains information that is not
8 exempt from disclosure, the public body may elect to redact the
9 information that is exempt. The public body shall make the
10 remaining information available for inspection and copying.
11 Subject to this requirement, the following shall be exempt from
12 inspection and copying:
13         (a) Information specifically prohibited from
14     disclosure by federal or State law or rules and regulations
15     implementing federal or State law.
16         (b) Private information, unless disclosure is required
17     by another provision of this Act, a State or federal law or
18     a court order.
19         (b-5) Files, documents, and other data or databases
20     maintained by one or more law enforcement agencies and
21     specifically designed to provide information to one or more
22     law enforcement agencies regarding the physical or mental
23     status of one or more individual subjects.
24         (c) Personal information contained within public
25     records, the disclosure of which would constitute a clearly

 

 

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1     unwarranted invasion of personal privacy, unless the
2     disclosure is consented to in writing by the individual
3     subjects of the information. "Unwarranted invasion of
4     personal privacy" means the disclosure of information that
5     is highly personal or objectionable to a reasonable person
6     and in which the subject's right to privacy outweighs any
7     legitimate public interest in obtaining the information.
8     The disclosure of information that bears on the public
9     duties of public employees and officials shall not be
10     considered an invasion of personal privacy, subject to the
11     other exemptions provided in this Section.
12         (d) Records in the possession of any public body
13     created in the course of administrative enforcement
14     proceedings, and any law enforcement or correctional
15     agency for law enforcement purposes, but only to the extent
16     that disclosure would:
17             (i) interfere with pending or actually and
18         reasonably contemplated law enforcement proceedings
19         conducted by any law enforcement or correctional
20         agency that is the recipient of the request;
21             (ii) interfere with active administrative
22         enforcement proceedings conducted by the public body
23         that is the recipient of the request;
24             (iii) create a substantial likelihood that a
25         person will be deprived of a fair trial or an impartial
26         hearing;

 

 

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1             (iv) unavoidably disclose the identity of a
2         confidential source, confidential information
3         furnished only by the confidential source, or persons
4         who file complaints with or provide information to
5         administrative, investigative, law enforcement, or
6         penal agencies; except that the identities of
7         witnesses to traffic accidents, traffic accident
8         reports, and rescue reports shall be provided by
9         agencies of local government, except when disclosure
10         would interfere with an active criminal investigation
11         conducted by the agency that is the recipient of the
12         request;
13             (v) disclose unique or specialized investigative
14         techniques other than those generally used and known or
15         disclose internal documents of correctional agencies
16         related to detection, observation or investigation of
17         incidents of crime or misconduct, and disclosure would
18         result in demonstrable harm to the agency or public
19         body that is the recipient of the request;
20             (vi) endanger the life or physical safety of law
21         enforcement personnel or any other person; or
22             (vii) obstruct an ongoing criminal investigation
23         by the agency that is the recipient of the request.
24         (e) Records that relate to or affect the security of
25     correctional institutions and detention facilities.
26         (f) Preliminary drafts, notes, recommendations,

 

 

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1     memoranda and other records in which opinions are
2     expressed, or policies or actions are formulated, except
3     that a specific record or relevant portion of a record
4     shall not be exempt when the record is publicly cited and
5     identified by the head of the public body. The exemption
6     provided in this paragraph (f) extends to all those records
7     of officers and agencies of the General Assembly that
8     pertain to the preparation of legislative documents.
9         (g) Trade secrets and commercial or financial
10     information obtained from a person or business where the
11     trade secrets or commercial or financial information are
12     furnished under a claim that they are proprietary,
13     privileged or confidential, and that disclosure of the
14     trade secrets or commercial or financial information would
15     cause competitive harm to the person or business, and only
16     insofar as the claim directly applies to the records
17     requested.
18         The information included under this exemption includes
19     all (i) All trade secrets and commercial or financial
20     information obtained by a public body, including a public
21     pension fund, from a private equity fund or a privately
22     held company within the investment portfolio of a private
23     equity fund as a result of either investing or evaluating a
24     potential investment of public funds in a private equity
25     fund. The exemption contained in this item does not apply
26     to the aggregate financial performance information of a

 

 

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1     private equity fund, nor to the identity of the fund's
2     managers or general partners. The exemption contained in
3     this item does not apply to the identity of a privately
4     held company within the investment portfolio of a private
5     equity fund, unless the disclosure of the identity of a
6     privately held company may cause competitive harm.
7         Nothing contained in this paragraph (g) shall be
8     construed to prevent a person or business from consenting
9     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

 

 

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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 questions, scoring keys and other
6         examination data used to administer an academic
7         examination;
8             (ii) information received by a primary or
9         secondary school, college, or university under its
10         procedures for the evaluation of faculty members by
11         their academic peers;
12             (iii) information concerning a school or
13         university's adjudication of student disciplinary
14         cases, but only to the extent that disclosure would
15         unavoidably reveal the identity of the student; and
16             (iv) course materials or research materials used
17         by faculty members.
18         (k) Architects' plans, engineers' technical
19     submissions, and other construction related technical
20     documents for projects not constructed or developed in
21     whole or in part with public funds and the same for
22     projects constructed or developed with public funds,
23     including but not limited to power generating and
24     distribution stations and other transmission and
25     distribution facilities, water treatment facilities,
26     airport facilities, sport stadiums, convention centers,

 

 

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1     and all government owned, operated, or occupied buildings,
2     but only to the extent that disclosure would compromise
3     security.
4         (l) Minutes of meetings of public bodies closed to the
5     public as provided in the Open Meetings Act until the
6     public body makes the minutes available to the public under
7     Section 2.06 of the Open Meetings Act.
8         (m) Communications between a public body and an
9     attorney or auditor representing the public body that would
10     not be subject to discovery in litigation, and materials
11     prepared or compiled by or for a public body in
12     anticipation of a criminal, civil or administrative
13     proceeding upon the request of an attorney advising the
14     public body, and materials prepared or compiled with
15     respect to internal audits of public bodies.
16         (n) Records relating to a public body's investigation,
17     settlement, and adjudication of employee grievances or
18     disciplinary cases; however, this exemption shall not
19     extend to cases in which criminal charges are filed for
20     which disclosure of information shall be governed by that
21     which may be disclosed under the provisions of subsection
22     (a) of Section 2.15 until there is a final non-appealable
23     conviction the final outcome of cases in which discipline
24     is imposed.
25         (o) Administrative or technical information associated
26     with automated data processing operations, including but

 

 

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1     not limited to software, operating protocols, computer
2     program abstracts, file layouts, source listings, object
3     modules, load modules, user guides, documentation
4     pertaining to all logical and physical design of
5     computerized systems, employee manuals, and any other
6     information that, if disclosed, would jeopardize the
7     security of the system or its data or the security of
8     materials exempt under this Section.
9         (p) Records relating to collective negotiating matters
10     between public bodies and their employees or
11     representatives, except that any final contract or
12     agreement shall be subject to inspection and copying.
13         (q) Test questions, scoring keys, and other
14     examination data used to determine the qualifications of an
15     applicant for a license or employment.
16         (r) The records, documents, and information relating
17     to real estate purchase negotiations until those
18     negotiations have been completed or otherwise terminated.
19     With regard to a parcel involved in a pending or actually
20     and reasonably contemplated eminent domain proceeding
21     under the Eminent Domain Act, records, documents and
22     information relating to that parcel shall be exempt except
23     as may be allowed under discovery rules adopted by the
24     Illinois Supreme Court. The records, documents and
25     information relating to a real estate sale shall be exempt
26     until a sale is consummated.

 

 

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1         (s) Any and all proprietary information and records
2     related to the operation of an intergovernmental risk
3     management association or self-insurance pool or jointly
4     self-administered health and accident cooperative or pool.
5     Insurance or self insurance (including any
6     intergovernmental risk management association or self
7     insurance pool) claims, loss or risk management
8     information, records, data, advice or communications.
9         (t) Information contained in or related to
10     examination, operating, or condition reports prepared by,
11     on behalf of, or for the use of a public body responsible
12     for the regulation or supervision of financial
13     institutions or insurance companies, unless disclosure is
14     otherwise required by State law.
15         (u) Information that would disclose or might lead to
16     the disclosure of secret or confidential information,
17     codes, algorithms, programs, or private keys intended to be
18     used to create electronic or digital signatures under the
19     Electronic Commerce Security Act.
20         (v) Vulnerability assessments, security measures, and
21     response policies or plans that are designed to identify,
22     prevent, or respond to potential attacks upon a community's
23     population or systems, facilities, or installations, the
24     destruction or contamination of which would constitute a
25     clear and present danger to the health or safety of the
26     community, but only to the extent that disclosure could

 

 

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1     reasonably be expected to jeopardize the effectiveness of
2     the measures or the safety of the personnel who implement
3     them or the public. Information exempt under this item may
4     include such things as details pertaining to the
5     mobilization or deployment of personnel or equipment, to
6     the operation of communication systems or protocols, or to
7     tactical operations.
8         (w) (Blank).
9         (x) Maps and other records regarding the location or
10     security of generation, transmission, distribution,
11     storage, gathering, treatment, or switching facilities
12     owned by a utility, by a power generator, or by the
13     Illinois Power Agency.
14         (y) Information contained in or related to proposals,
15     bids, or negotiations related to electric power
16     procurement under Section 1-75 of the Illinois Power Agency
17     Act and Section 16-111.5 of the Public Utilities Act that
18     is determined to be confidential and proprietary by the
19     Illinois Power Agency or by the Illinois Commerce
20     Commission.
21         (z) (tt) Information about students exempted from
22     disclosure under Sections 10-20.38 or 34-18.29 of the
23     School Code, and information about undergraduate students
24     enrolled at an institution of higher education exempted
25     from disclosure under Section 25 of the Illinois Credit
26     Card Marketing Act of 2009.

 

 

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1         (aa) (tt) Information the disclosure of which is
2     exempted under the Viatical Settlements Act of 2009.
3     (2) A public record that is not in the possession of a
4 public body but is in the possession of a party with whom the
5 agency has contracted to perform a governmental function on
6 behalf of the public body, and that directly relates to the
7 governmental function and is not otherwise exempt under this
8 Act, shall be considered a public record of the public body,
9 for purposes of this Act.
10     (3) This Section does not authorize withholding of
11 information or limit the availability of records to the public,
12 except as stated in this Section or otherwise provided in this
13 Act.
14 (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
15 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10;
16 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10;
17 96-736, eff. 7-1-10; revised 9-25-09.)
 
18     Section 95. No acceleration or delay. Where this Act makes
19 changes in a statute that is represented in this Act by text
20 that is not yet or no longer in effect (for example, a Section
21 represented by multiple versions), the use of that text does
22 not accelerate or delay the taking effect of (i) the changes
23 made by this Act or (ii) provisions derived from any other
24 Public Act.
 

 

 

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1     Section 99. Effective date. This Act takes effect January
2 1, 2010.".