103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2178

 

Introduced 2/10/2023, by Sen. Suzy Glowiak Hilton

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/2  from Ch. 116, par. 202
5 ILCS 140/3  from Ch. 116, par. 203
5 ILCS 140/3.1
5 ILCS 140/7

    Amends the Freedom of Information Act. Changes the definition of "recurrent requester" to mean a person who, in the 12 months immediately preceding the request, has submitted to the same public body (i) a minimum of 40 (instead of 50) requests for records, (ii) a minimum of 10 (instead of 15) requests for records within a 30-day period, or (iii) a minimum of 5 (instead of 7) requests for records within a 7-day period. Requires a public body to either comply with or deny a request for public records, or to invoke its right to an extension of the deadline to produce the records, within 15 (instead of 5) business days after its receipt of the request. Extends the deadline to respond to a request made for a commercial purpose from 21 to 30 days. Exempts from disclosure records related to the location or operation of an automated license plate recognition system and records containing data generated or stored by those systems.


LRB103 28325 HEP 54704 b

 

 

A BILL FOR

 

SB2178LRB103 28325 HEP 54704 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Sections 2, 3, 3.1, and 7 as follows:
 
6    (5 ILCS 140/2)  (from Ch. 116, par. 202)
7    Sec. 2. Definitions. As used in this Act:
8    (a) "Public body" means all legislative, executive,
9administrative, or advisory bodies of the State, state
10universities and colleges, counties, townships, cities,
11villages, incorporated towns, school districts and all other
12municipal corporations, boards, bureaus, committees, or
13commissions of this State, any subsidiary bodies of any of the
14foregoing including but not limited to committees and
15subcommittees thereof, and a School Finance Authority created
16under Article 1E of the School Code. "Public body" does not
17include a child death review team or the Illinois Child Death
18Review Teams Executive Council established under the Child
19Death Review Team Act, or a regional youth advisory board or
20the Statewide Youth Advisory Board established under the
21Department of Children and Family Services Statewide Youth
22Advisory Board Act.
23    (b) "Person" means any individual, corporation,

 

 

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1partnership, firm, organization or association, acting
2individually or as a group.
3    (c) "Public records" means all records, reports, forms,
4writings, letters, memoranda, books, papers, maps,
5photographs, microfilms, cards, tapes, recordings, electronic
6data processing records, electronic communications, recorded
7information and all other documentary materials pertaining to
8the transaction of public business, regardless of physical
9form or characteristics, having been prepared by or for, or
10having been or being used by, received by, in the possession
11of, or under the control of any public body.
12    (c-5) "Private information" means unique identifiers,
13including a person's social security number, driver's license
14number, employee identification number, biometric identifiers,
15personal financial information, passwords or other access
16codes, medical records, home or personal telephone numbers,
17and personal email addresses. Private information also
18includes home address and personal license plates, except as
19otherwise provided by law or when compiled without possibility
20of attribution to any person.
21    (c-10) "Commercial purpose" means the use of any part of a
22public record or records, or information derived from public
23records, in any form for sale, resale, or solicitation or
24advertisement for sales or services. For purposes of this
25definition, requests made by news media and non-profit,
26scientific, or academic organizations shall not be considered

 

 

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1to be made for a "commercial purpose" when the principal
2purpose of the request is (i) to access and disseminate
3information concerning news and current or passing events,
4(ii) for articles of opinion or features of interest to the
5public, or (iii) for the purpose of academic, scientific, or
6public research or education.
7    (d) "Copying" means the reproduction of any public record
8by means of any photographic, electronic, mechanical or other
9process, device or means now known or hereafter developed and
10available to the public body.
11    (e) "Head of the public body" means the president, mayor,
12chairman, presiding officer, director, superintendent,
13manager, supervisor or individual otherwise holding primary
14executive and administrative authority for the public body, or
15such person's duly authorized designee.
16    (f) "News media" means a newspaper or other periodical
17issued at regular intervals whether in print or electronic
18format, a news service whether in print or electronic format,
19a radio station, a television station, a television network, a
20community antenna television service, or a person or
21corporation engaged in making news reels or other motion
22picture news for public showing.
23    (g) "Recurrent requester", as used in Section 3.2 of this
24Act, means a person that, in the 12 months immediately
25preceding the request, has submitted to the same public body
26(i) a minimum of 40 50 requests for records, (ii) a minimum of

 

 

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110 15 requests for records within a 30-day period, or (iii) a
2minimum of 5 7 requests for records within a 7-day period. For
3purposes of this definition, requests made by news media and
4non-profit, scientific, or academic organizations shall not be
5considered in calculating the number of requests made in the
6time periods in this definition when the principal purpose of
7the requests is (i) to access and disseminate information
8concerning news and current or passing events, (ii) for
9articles of opinion or features of interest to the public, or
10(iii) for the purpose of academic, scientific, or public
11research or education.
12    For the purposes of this subsection (g), "request" means a
13written document (or oral request, if the public body chooses
14to honor oral requests) that is submitted to a public body via
15personal delivery, mail, telefax, electronic mail, or other
16means available to the public body and that identifies the
17particular public record the requester seeks. One request may
18identify multiple records to be inspected or copied.
19    (h) "Voluminous request" means a request that: (i)
20includes more than 5 individual requests for more than 5
21different categories of records or a combination of individual
22requests that total requests for more than 5 different
23categories of records in a period of 20 business days; or (ii)
24requires the compilation of more than 500 letter or
25legal-sized pages of public records unless a single requested
26record exceeds 500 pages. "Single requested record" may

 

 

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1include, but is not limited to, one report, form, e-mail,
2letter, memorandum, book, map, microfilm, tape, or recording.
3    "Voluminous request" does not include a request made by
4news media and non-profit, scientific, or academic
5organizations if the principal purpose of the request is: (1)
6to access and disseminate information concerning news and
7current or passing events; (2) for articles of opinion or
8features of interest to the public; or (3) for the purpose of
9academic, scientific, or public research or education.
10    For the purposes of this subsection (h), "request" means a
11written document, or oral request, if the public body chooses
12to honor oral requests, that is submitted to a public body via
13personal delivery, mail, telefax, electronic mail, or other
14means available to the public body and that identifies the
15particular public record or records the requester seeks. One
16request may identify multiple individual records to be
17inspected or copied.
18    (i) "Severance agreement" means a mutual agreement between
19any public body and its employee for the employee's
20resignation in exchange for payment by the public body.
21    (j) "ALPR system data" means data packets representing
22interpretation by ALPR systems of recorded vehicle license
23plates affixed to vehicles in the field of view of ALPR system
24cameras, with associated global positioning system
25coordinates, and time and date stamps associated with the
26recording of the data.

 

 

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1    (k) "Automated license plate recognition system" or "ALPR
2system" means a system of one or more mobile, portable, or
3fixed video cameras using computer algorithms to convert
4images of license plates into automated computer-recognized
5searchable alphanumeric data, including associated servers,
6data normalization technologies, and similar technologies.
7    (l) "Historical ALPR system data" means data recorded by
8ALPR systems that are stored in an authorized ALPR system
9platform.
10(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
1199-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
 
12    (5 ILCS 140/3)  (from Ch. 116, par. 203)
13    Sec. 3. (a) Each public body shall make available to any
14person for inspection or copying all public records, except as
15otherwise provided in Sections 7 and 8.5 of this Act.
16Notwithstanding any other law, a public body may not grant to
17any person or entity, whether by contract, license, or
18otherwise, the exclusive right to access and disseminate any
19public record as defined in this Act.
20    (b) Subject to the fee provisions of Section 6 of this Act,
21each public body shall promptly provide, to any person who
22submits a request, a copy of any public record required to be
23disclosed by subsection (a) of this Section and shall certify
24such copy if so requested.
25    (c) Requests for inspection or copies shall be made in

 

 

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1writing and directed to the public body. Written requests may
2be submitted to a public body via personal delivery, mail,
3telefax, or other means available to the public body. A public
4body may honor oral requests for inspection or copying. A
5public body may not require that a request be submitted on a
6standard form or require the requester to specify the purpose
7for a request, except to determine whether the records are
8requested for a commercial purpose or whether to grant a
9request for a fee waiver. All requests for inspection and
10copying received by a public body shall immediately be
11forwarded to its Freedom of Information officer or designee.
12    (d) Each public body shall, promptly, either comply with
13or deny a request for public records within 15 5 business days
14after its receipt of the request, unless the time for response
15is properly extended under subsection (e) of this Section.
16Denial shall be in writing as provided in Section 9 of this
17Act. Failure to comply with a written request, extend the time
18for response, or deny a request within 15 5 business days after
19its receipt shall be considered a denial of the request. A
20public body that fails to respond to a request within the
21requisite periods in this Section but thereafter provides the
22requester with copies of the requested public records may not
23impose a fee for such copies. A public body that fails to
24respond to a request received may not treat the request as
25unduly burdensome under subsection (g).
26    (e) The time for response under this Section may be

 

 

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1extended by the public body for not more than 5 business days
2from the original due date for any of the following reasons:
3        (i) the requested records are stored in whole or in
4    part at other locations than the office having charge of
5    the requested records;
6        (ii) the request requires the collection of a
7    substantial number of specified records;
8        (iii) the request is couched in categorical terms and
9    requires an extensive search for the records responsive to
10    it;
11        (iv) the requested records have not been located in
12    the course of routine search and additional efforts are
13    being made to locate them;
14        (v) the requested records require examination and
15    evaluation by personnel having the necessary competence
16    and discretion to determine if they are exempt from
17    disclosure under Section 7 of this Act or should be
18    revealed only with appropriate deletions;
19        (vi) the request for records cannot be complied with
20    by the public body within the time limits prescribed by
21    subsection (d) of this Section without unduly burdening or
22    interfering with the operations of the public body;
23        (vii) there is a need for consultation, which shall be
24    conducted with all practicable speed, with another public
25    body or among 2 or more components of a public body having
26    a substantial interest in the determination or in the

 

 

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1    subject matter of the request.
2    The person making a request and the public body may agree
3in writing to extend the time for compliance for a period to be
4determined by the parties. If the requester and the public
5body agree to extend the period for compliance, a failure by
6the public body to comply with any previous deadlines shall
7not be treated as a denial of the request for the records.
8    (f) When additional time is required for any of the above
9reasons, the public body shall, within 15 5 business days
10after receipt of the request, notify the person making the
11request of the reasons for the extension and the date by which
12the response will be forthcoming. Failure to respond within
13the time permitted for extension shall be considered a denial
14of the request. A public body that fails to respond to a
15request within the time permitted for extension but thereafter
16provides the requester with copies of the requested public
17records may not impose a fee for those copies. A public body
18that requests an extension and subsequently fails to respond
19to the request may not treat the request as unduly burdensome
20under subsection (g).
21    (g) Requests calling for all records falling within a
22category shall be complied with unless compliance with the
23request would be unduly burdensome for the complying public
24body and there is no way to narrow the request and the burden
25on the public body outweighs the public interest in the
26information. Before invoking this exemption, the public body

 

 

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1shall extend to the person making the request an opportunity
2to confer with it in an attempt to reduce the request to
3manageable proportions. If any public body responds to a
4categorical request by stating that compliance would unduly
5burden its operation and the conditions described above are
6met, it shall do so in writing, specifying the reasons why it
7would be unduly burdensome and the extent to which compliance
8will so burden the operations of the public body. Such a
9response shall be treated as a denial of the request for
10information.
11    Repeated requests from the same person for the same
12records that are unchanged or identical to records previously
13provided or properly denied under this Act shall be deemed
14unduly burdensome under this provision.
15    (h) Each public body may promulgate rules and regulations
16in conformity with the provisions of this Section pertaining
17to the availability of records and procedures to be followed,
18including:
19        (i) the times and places where such records will be
20    made available, and
21        (ii) the persons from whom such records may be
22    obtained.
23    (i) The time periods for compliance or denial of a request
24to inspect or copy records set out in this Section shall not
25apply to requests for records made for a commercial purpose,
26requests by a recurrent requester, or voluminous requests.

 

 

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1Such requests shall be subject to the provisions of Sections
23.1, 3.2, and 3.6 of this Act, as applicable.
3(Source: P.A. 101-81, eff. 7-12-19.)
 
4    (5 ILCS 140/3.1)
5    Sec. 3.1. Requests for commercial purposes.
6    (a) A public body shall respond to a request for records to
7be used for a commercial purpose within 30 21 working days
8after receipt. The response shall (i) provide to the requester
9an estimate of the time required by the public body to provide
10the records requested and an estimate of the fees to be
11charged, which the public body may require the person to pay in
12full before copying the requested documents, (ii) deny the
13request pursuant to one or more of the exemptions set out in
14this Act, (iii) notify the requester that the request is
15unduly burdensome and extend an opportunity to the requester
16to attempt to reduce the request to manageable proportions, or
17(iv) provide the records requested.
18    (b) Unless the records are exempt from disclosure, a
19public body shall comply with a request within a reasonable
20period considering the size and complexity of the request, and
21giving priority to records requested for non-commercial
22purposes.
23    (c) It is a violation of this Act for a person to knowingly
24obtain a public record for a commercial purpose without
25disclosing that it is for a commercial purpose, if requested

 

 

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1to do so by the public body.
2(Source: P.A. 96-542, eff. 1-1-10.)
 
3    (5 ILCS 140/7)
4    (Text of Section before amendment by P.A. 102-982)
5    Sec. 7. Exemptions.
6    (1) When a request is made to inspect or copy a public
7record that contains information that is exempt from
8disclosure under this Section, but also contains information
9that is not exempt from disclosure, the public body may elect
10to redact the information that is exempt. The public body
11shall make the remaining information available for inspection
12and copying. Subject to this requirement, the following shall
13be exempt from inspection and copying:
14        (a) Information specifically prohibited from
15    disclosure by federal or State law or rules and
16    regulations implementing federal or State law.
17        (b) Private information, unless disclosure is required
18    by another provision of this Act, a State or federal law,
19    or a court order.
20        (b-5) Files, documents, and other data or databases
21    maintained by one or more law enforcement agencies and
22    specifically designed to provide information to one or
23    more law enforcement agencies regarding the physical or
24    mental status of one or more individual subjects.
25        (c) Personal information contained within public

 

 

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

 

 

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

 

 

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1    enforcement purposes and contained in a shared electronic
2    record management system if the law enforcement agency
3    that is the recipient of the request did not create the
4    record, did not participate in or have a role in any of the
5    events which are the subject of the record, and only has
6    access to the record through the shared electronic record
7    management system.
8        (d-6) Records contained in the Officer Professional
9    Conduct Database under Section 9.2 of the Illinois Police
10    Training Act, except to the extent authorized under that
11    Section. This includes the documents supplied to the
12    Illinois Law Enforcement Training Standards Board from the
13    Illinois State Police and Illinois State Police Merit
14    Board.
15        (e) Records that relate to or affect the security of
16    correctional institutions and detention facilities.
17        (e-5) Records requested by persons committed to the
18    Department of Corrections, Department of Human Services
19    Division of Mental Health, or a county jail if those
20    materials are available in the library of the correctional
21    institution or facility or jail where the inmate is
22    confined.
23        (e-6) Records requested by persons committed to the
24    Department of Corrections, Department of Human Services
25    Division of Mental Health, or a county jail if those
26    materials include records from staff members' personnel

 

 

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1    files, staff rosters, or other staffing assignment
2    information.
3        (e-7) Records requested by persons committed to the
4    Department of Corrections or Department of Human Services
5    Division of Mental Health if those materials are available
6    through an administrative request to the Department of
7    Corrections or Department of Human Services Division of
8    Mental Health.
9        (e-8) Records requested by a person committed to the
10    Department of Corrections, Department of Human Services
11    Division of Mental Health, or a county jail, the
12    disclosure of which would result in the risk of harm to any
13    person or the risk of an escape from a jail or correctional
14    institution or facility.
15        (e-9) Records requested by a person in a county jail
16    or committed to the Department of Corrections or
17    Department of Human Services Division of Mental Health,
18    containing personal information pertaining to the person's
19    victim or the victim's family, including, but not limited
20    to, a victim's home address, home telephone number, work
21    or school address, work telephone number, social security
22    number, or any other identifying information, except as
23    may be relevant to a requester's current or potential case
24    or claim.
25        (e-10) Law enforcement records of other persons
26    requested by a person committed to the Department of

 

 

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1    Corrections, Department of Human Services Division of
2    Mental Health, or a county jail, including, but not
3    limited to, arrest and booking records, mug shots, and
4    crime scene photographs, except as these records may be
5    relevant to the requester's current or potential case or
6    claim.
7        (f) Preliminary drafts, notes, recommendations,
8    memoranda, and other records in which opinions are
9    expressed, or policies or actions are formulated, except
10    that a specific record or relevant portion of a record
11    shall not be exempt when the record is publicly cited and
12    identified by the head of the public body. The exemption
13    provided in this paragraph (f) extends to all those
14    records of officers and agencies of the General Assembly
15    that pertain to the preparation of legislative documents.
16        (g) Trade secrets and commercial or financial
17    information obtained from a person or business where the
18    trade secrets or commercial or financial information are
19    furnished under a claim that they are proprietary,
20    privileged, or confidential, and that disclosure of the
21    trade secrets or commercial or financial information would
22    cause competitive harm to the person or business, and only
23    insofar as the claim directly applies to the records
24    requested.
25        The information included under this exemption includes
26    all trade secrets and commercial or financial information

 

 

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1    obtained by a public body, including a public pension
2    fund, from a private equity fund or a privately held
3    company within the investment portfolio of a private
4    equity fund as a result of either investing or evaluating
5    a potential investment of public funds in a private equity
6    fund. The exemption contained in this item does not apply
7    to the aggregate financial performance information of a
8    private equity fund, nor to the identity of the fund's
9    managers or general partners. The exemption contained in
10    this item does not apply to the identity of a privately
11    held company within the investment portfolio of a private
12    equity fund, unless the disclosure of the identity of a
13    privately held company may cause competitive harm.
14        Nothing contained in this paragraph (g) shall be
15    construed to prevent a person or business from consenting
16    to disclosure.
17        (h) Proposals and bids for any contract, grant, or
18    agreement, including information which if it were
19    disclosed would frustrate procurement or give an advantage
20    to any person proposing to enter into a contractor
21    agreement with the body, until an award or final selection
22    is made. Information prepared by or for the body in
23    preparation of a bid solicitation shall be exempt until an
24    award or final selection is made.
25        (i) Valuable formulae, computer geographic systems,
26    designs, drawings, and research data obtained or produced

 

 

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1    by any public body when disclosure could reasonably be
2    expected to produce private gain or public loss. The
3    exemption for "computer geographic systems" provided in
4    this paragraph (i) does not extend to requests made by
5    news media as defined in Section 2 of this Act when the
6    requested information is not otherwise exempt and the only
7    purpose of the request is to access and disseminate
8    information regarding the health, safety, welfare, or
9    legal rights of the general public.
10        (j) The following information pertaining to
11    educational matters:
12            (i) test questions, scoring keys, and other
13        examination data used to administer an academic
14        examination;
15            (ii) information received by a primary or
16        secondary school, college, or university under its
17        procedures for the evaluation of faculty members by
18        their academic peers;
19            (iii) information concerning a school or
20        university's adjudication of student disciplinary
21        cases, but only to the extent that disclosure would
22        unavoidably reveal the identity of the student; and
23            (iv) course materials or research materials used
24        by faculty members.
25        (k) Architects' plans, engineers' technical
26    submissions, and other construction related technical

 

 

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1    documents for projects not constructed or developed in
2    whole or in part with public funds and the same for
3    projects constructed or developed with public funds,
4    including, but not limited to, power generating and
5    distribution stations and other transmission and
6    distribution facilities, water treatment facilities,
7    airport facilities, sport stadiums, convention centers,
8    and all government owned, operated, or occupied buildings,
9    but only to the extent that disclosure would compromise
10    security.
11        (l) Minutes of meetings of public bodies closed to the
12    public as provided in the Open Meetings Act until the
13    public body makes the minutes available to the public
14    under Section 2.06 of the Open Meetings Act.
15        (m) Communications between a public body and an
16    attorney or auditor representing the public body that
17    would not be subject to discovery in litigation, and
18    materials prepared or compiled by or for a public body in
19    anticipation of a criminal, civil, or administrative
20    proceeding upon the request of an attorney advising the
21    public body, and materials prepared or compiled with
22    respect to internal audits of public bodies.
23        (n) Records relating to a public body's adjudication
24    of employee grievances or disciplinary cases; however,
25    this exemption shall not extend to the final outcome of
26    cases in which discipline is imposed.

 

 

SB2178- 21 -LRB103 28325 HEP 54704 b

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

 

 

SB2178- 22 -LRB103 28325 HEP 54704 b

1    information relating to a real estate sale shall be exempt
2    until a sale is consummated.
3        (s) Any and all proprietary information and records
4    related to the operation of an intergovernmental risk
5    management association or self-insurance pool or jointly
6    self-administered health and accident cooperative or pool.
7    Insurance or self-insurance self insurance (including any
8    intergovernmental risk management association or
9    self-insurance self insurance pool) claims, loss or risk
10    management information, records, data, advice, or
11    communications.
12        (t) Information contained in or related to
13    examination, operating, or condition reports prepared by,
14    on behalf of, or for the use of a public body responsible
15    for the regulation or supervision of financial
16    institutions, insurance companies, or pharmacy benefit
17    managers, unless disclosure is otherwise required by State
18    law.
19        (u) Information that would disclose or might lead to
20    the disclosure of secret or confidential information,
21    codes, algorithms, programs, or private keys intended to
22    be used to create electronic signatures under the Uniform
23    Electronic Transactions Act.
24        (v) Vulnerability assessments, security measures, and
25    response policies or plans that are designed to identify,
26    prevent, or respond to potential attacks upon a

 

 

SB2178- 23 -LRB103 28325 HEP 54704 b

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

 

 

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1    students enrolled at an institution of higher education
2    exempted from disclosure under Section 25 of the Illinois
3    Credit Card Marketing Act of 2009.
4        (aa) Information the disclosure of which is exempted
5    under the Viatical Settlements Act of 2009.
6        (bb) Records and information provided to a mortality
7    review team and records maintained by a mortality review
8    team appointed under the Department of Juvenile Justice
9    Mortality Review Team Act.
10        (cc) Information regarding interments, entombments, or
11    inurnments of human remains that are submitted to the
12    Cemetery Oversight Database under the Cemetery Care Act or
13    the Cemetery Oversight Act, whichever is applicable.
14        (dd) Correspondence and records (i) that may not be
15    disclosed under Section 11-9 of the Illinois Public Aid
16    Code or (ii) that pertain to appeals under Section 11-8 of
17    the Illinois Public Aid Code.
18        (ee) The names, addresses, or other personal
19    information of persons who are minors and are also
20    participants and registrants in programs of park
21    districts, forest preserve districts, conservation
22    districts, recreation agencies, and special recreation
23    associations.
24        (ff) The names, addresses, or other personal
25    information of participants and registrants in programs of
26    park districts, forest preserve districts, conservation

 

 

SB2178- 25 -LRB103 28325 HEP 54704 b

1    districts, recreation agencies, and special recreation
2    associations where such programs are targeted primarily to
3    minors.
4        (gg) Confidential information described in Section
5    1-100 of the Illinois Independent Tax Tribunal Act of
6    2012.
7        (hh) The report submitted to the State Board of
8    Education by the School Security and Standards Task Force
9    under item (8) of subsection (d) of Section 2-3.160 of the
10    School Code and any information contained in that report.
11        (ii) Records requested by persons committed to or
12    detained by the Department of Human Services under the
13    Sexually Violent Persons Commitment Act or committed to
14    the Department of Corrections under the Sexually Dangerous
15    Persons Act if those materials: (i) are available in the
16    library of the facility where the individual is confined;
17    (ii) include records from staff members' personnel files,
18    staff rosters, or other staffing assignment information;
19    or (iii) are available through an administrative request
20    to the Department of Human Services or the Department of
21    Corrections.
22        (jj) Confidential information described in Section
23    5-535 of the Civil Administrative Code of Illinois.
24        (kk) The public body's credit card numbers, debit card
25    numbers, bank account numbers, Federal Employer
26    Identification Number, security code numbers, passwords,

 

 

SB2178- 26 -LRB103 28325 HEP 54704 b

1    and similar account information, the disclosure of which
2    could result in identity theft or impression or defrauding
3    of a governmental entity or a person.
4        (ll) Records concerning the work of the threat
5    assessment team of a school district, including, but not
6    limited to, any threat assessment procedure under the
7    School Safety Drill Act and any information contained in
8    the procedure.
9        (mm) Information prohibited from being disclosed under
10    subsections (a) and (b) of Section 15 of the Student
11    Confidential Reporting Act.
12        (nn) (mm) Proprietary information submitted to the
13    Environmental Protection Agency under the Drug Take-Back
14    Act.
15        (oo) (mm) Records described in subsection (f) of
16    Section 3-5-1 of the Unified Code of Corrections.
17    (1.5) Any information exempt from disclosure under the
18Judicial Privacy Act shall be redacted from public records
19prior to disclosure under this Act.
20    (2) A public record that is not in the possession of a
21public body but is in the possession of a party with whom the
22agency has contracted to perform a governmental function on
23behalf of the public body, and that directly relates to the
24governmental function and is not otherwise exempt under this
25Act, shall be considered a public record of the public body,
26for purposes of this Act.

 

 

SB2178- 27 -LRB103 28325 HEP 54704 b

1    (3) This Section does not authorize withholding of
2information or limit the availability of records to the
3public, except as stated in this Section or otherwise provided
4in this Act.
5(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
6101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
76-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
8eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
9102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
1012-13-22.)
 
11    (Text of Section after amendment by P.A. 102-982)
12    Sec. 7. Exemptions.
13    (1) When a request is made to inspect or copy a public
14record that contains information that is exempt from
15disclosure under this Section, but also contains information
16that is not exempt from disclosure, the public body may elect
17to redact the information that is exempt. The public body
18shall make the remaining information available for inspection
19and copying. Subject to this requirement, the following shall
20be exempt from inspection and copying:
21        (a) Information specifically prohibited from
22    disclosure by federal or State law or rules and
23    regulations implementing federal or State law.
24        (b) Private information, unless disclosure is required
25    by another provision of this Act, a State or federal law,

 

 

SB2178- 28 -LRB103 28325 HEP 54704 b

1    or a court order.
2        (b-5) Files, documents, and other data or databases
3    maintained by one or more law enforcement agencies and
4    specifically designed to provide information to one or
5    more law enforcement agencies regarding the physical or
6    mental status of one or more individual subjects.
7        (c) Personal information contained within public
8    records, the disclosure of which would constitute a
9    clearly unwarranted invasion of personal privacy, unless
10    the disclosure is consented to in writing by the
11    individual subjects of the information. "Unwarranted
12    invasion of personal privacy" means the disclosure of
13    information that is highly personal or objectionable to a
14    reasonable person and in which the subject's right to
15    privacy outweighs any legitimate public interest in
16    obtaining 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.
20        (d) Records in the possession of any public body
21    created in the course of administrative enforcement
22    proceedings, and any law enforcement or correctional
23    agency for law enforcement purposes, but only to the
24    extent that disclosure would:
25            (i) interfere with pending or actually and
26        reasonably contemplated law enforcement proceedings

 

 

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1        conducted by any law enforcement or correctional
2        agency that is the recipient of the request;
3            (ii) interfere with active administrative
4        enforcement proceedings conducted by the public body
5        that is the recipient of the request;
6            (iii) create a substantial likelihood that a
7        person will be deprived of a fair trial or an impartial
8        hearing;
9            (iv) unavoidably disclose the identity of a
10        confidential source, confidential information
11        furnished only by the confidential source, or persons
12        who file complaints with or provide information to
13        administrative, investigative, law enforcement, or
14        penal agencies; except that the identities of
15        witnesses to traffic crashes, traffic crash reports,
16        and rescue reports shall be provided by agencies of
17        local government, except when disclosure would
18        interfere with an active criminal investigation
19        conducted by the agency that is the recipient of the
20        request;
21            (v) disclose unique or specialized investigative
22        techniques other than those generally used and known
23        or disclose internal documents of correctional
24        agencies related to detection, observation, or
25        investigation of incidents of crime or misconduct, and
26        disclosure would result in demonstrable harm to the

 

 

SB2178- 30 -LRB103 28325 HEP 54704 b

1        agency or public body that is the recipient of the
2        request;
3            (vi) endanger the life or physical safety of law
4        enforcement personnel or any other person; or
5            (vii) obstruct an ongoing criminal investigation
6        by the agency that is the recipient of the request.
7        (d-5) A law enforcement record created for law
8    enforcement purposes and contained in a shared electronic
9    record management system if the law enforcement agency
10    that is the recipient of the request did not create the
11    record, did not participate in or have a role in any of the
12    events which are the subject of the record, and only has
13    access to the record through the shared electronic record
14    management system.
15        (d-6) Records contained in the Officer Professional
16    Conduct Database under Section 9.2 of the Illinois Police
17    Training Act, except to the extent authorized under that
18    Section. This includes the documents supplied to the
19    Illinois Law Enforcement Training Standards Board from the
20    Illinois State Police and Illinois State Police Merit
21    Board.
22        (d-7) Records related to the location or operation of
23    an automated license plate recognition system, records
24    containing ALPR system data, and records containing
25    historical ALPR system data.
26        (e) Records that relate to or affect the security of

 

 

SB2178- 31 -LRB103 28325 HEP 54704 b

1    correctional institutions and detention facilities.
2        (e-5) Records requested by persons committed to the
3    Department of Corrections, Department of Human Services
4    Division of Mental Health, or a county jail if those
5    materials are available in the library of the correctional
6    institution or facility or jail where the inmate is
7    confined.
8        (e-6) Records requested by persons committed to the
9    Department of Corrections, Department of Human Services
10    Division of Mental Health, or a county jail if those
11    materials include records from staff members' personnel
12    files, staff rosters, or other staffing assignment
13    information.
14        (e-7) Records requested by persons committed to the
15    Department of Corrections or Department of Human Services
16    Division of Mental Health if those materials are available
17    through an administrative request to the Department of
18    Corrections or Department of Human Services Division of
19    Mental Health.
20        (e-8) Records requested by a person committed to the
21    Department of Corrections, Department of Human Services
22    Division of Mental Health, or a county jail, the
23    disclosure of which would result in the risk of harm to any
24    person or the risk of an escape from a jail or correctional
25    institution or facility.
26        (e-9) Records requested by a person in a county jail

 

 

SB2178- 32 -LRB103 28325 HEP 54704 b

1    or committed to the Department of Corrections or
2    Department of Human Services Division of Mental Health,
3    containing personal information pertaining to the person's
4    victim or the victim's family, including, but not limited
5    to, a victim's home address, home telephone number, work
6    or school address, work telephone number, social security
7    number, or any other identifying information, except as
8    may be relevant to a requester's current or potential case
9    or claim.
10        (e-10) Law enforcement records of other persons
11    requested by a person committed to the Department of
12    Corrections, Department of Human Services Division of
13    Mental Health, or a county jail, including, but not
14    limited to, arrest and booking records, mug shots, and
15    crime scene photographs, except as these records may be
16    relevant to the requester's current or potential case or
17    claim.
18        (f) Preliminary drafts, notes, recommendations,
19    memoranda, and other records in which opinions are
20    expressed, or policies or actions are formulated, except
21    that a specific record or relevant portion of a record
22    shall not be exempt when the record is publicly cited and
23    identified by the head of the public body. The exemption
24    provided in this paragraph (f) extends to all those
25    records of officers and agencies of the General Assembly
26    that pertain to the preparation of legislative documents.

 

 

SB2178- 33 -LRB103 28325 HEP 54704 b

1        (g) Trade secrets and commercial or financial
2    information obtained from a person or business where the
3    trade secrets or commercial or financial information are
4    furnished under a claim that they are proprietary,
5    privileged, or confidential, and that disclosure of the
6    trade secrets or commercial or financial information would
7    cause competitive harm to the person or business, and only
8    insofar as the claim directly applies to the records
9    requested.
10        The information included under this exemption includes
11    all trade secrets and commercial or financial information
12    obtained by a public body, including a public pension
13    fund, from a private equity fund or a privately held
14    company within the investment portfolio of a private
15    equity fund as a result of either investing or evaluating
16    a potential investment of public funds in a private equity
17    fund. The exemption contained in this item does not apply
18    to the aggregate financial performance information of a
19    private equity fund, nor to the identity of the fund's
20    managers or general partners. The exemption contained in
21    this item does not apply to the identity of a privately
22    held company within the investment portfolio of a private
23    equity fund, unless the disclosure of the identity of a
24    privately held company may cause competitive harm.
25        Nothing contained in this paragraph (g) shall be
26    construed to prevent a person or business from consenting

 

 

SB2178- 34 -LRB103 28325 HEP 54704 b

1    to disclosure.
2        (h) Proposals and bids for any contract, grant, or
3    agreement, including information which if it were
4    disclosed would frustrate procurement or give an advantage
5    to any person proposing to enter into a contractor
6    agreement with the body, until an award or final selection
7    is made. Information prepared by or for the body in
8    preparation of a bid solicitation shall be exempt until an
9    award or final selection is made.
10        (i) Valuable formulae, computer geographic systems,
11    designs, drawings, and research data obtained or produced
12    by any public body when disclosure could reasonably be
13    expected to produce private gain or public loss. The
14    exemption for "computer geographic systems" provided in
15    this paragraph (i) does not extend to requests made by
16    news media as defined in Section 2 of this Act when the
17    requested information is not otherwise exempt and the only
18    purpose of the request is to access and disseminate
19    information regarding the health, safety, welfare, or
20    legal rights of the general public.
21        (j) The following information pertaining to
22    educational matters:
23            (i) test questions, scoring keys, and other
24        examination data used to administer an academic
25        examination;
26            (ii) information received by a primary or

 

 

SB2178- 35 -LRB103 28325 HEP 54704 b

1        secondary school, college, or university under its
2        procedures for the evaluation of faculty members by
3        their academic peers;
4            (iii) information concerning a school or
5        university's adjudication of student disciplinary
6        cases, but only to the extent that disclosure would
7        unavoidably reveal the identity of the student; and
8            (iv) course materials or research materials used
9        by faculty members.
10        (k) Architects' plans, engineers' technical
11    submissions, and other construction related technical
12    documents for projects not constructed or developed in
13    whole or in part with public funds and the same for
14    projects constructed or developed with public funds,
15    including, but not limited to, power generating and
16    distribution stations and other transmission and
17    distribution facilities, water treatment facilities,
18    airport facilities, sport stadiums, convention centers,
19    and all government owned, operated, or occupied buildings,
20    but only to the extent that disclosure would compromise
21    security.
22        (l) Minutes of meetings of public bodies closed to the
23    public as provided in the Open Meetings Act until the
24    public body makes the minutes available to the public
25    under Section 2.06 of the Open Meetings Act.
26        (m) Communications between a public body and an

 

 

SB2178- 36 -LRB103 28325 HEP 54704 b

1    attorney or auditor representing the public body that
2    would not be subject to discovery in litigation, and
3    materials prepared or compiled by or for a public body in
4    anticipation of a criminal, civil, or administrative
5    proceeding upon the request of an attorney advising the
6    public body, and materials prepared or compiled with
7    respect to internal audits of public bodies.
8        (n) Records relating to a public body's adjudication
9    of employee grievances or disciplinary cases; however,
10    this exemption shall not extend to the final outcome of
11    cases in which discipline 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

 

 

SB2178- 37 -LRB103 28325 HEP 54704 b

1    examination data used to determine the qualifications of
2    an 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 self insurance (including any
19    intergovernmental risk management association or
20    self-insurance self insurance pool) claims, loss or risk
21    management information, records, data, advice, or
22    communications.
23        (t) Information contained in or related to
24    examination, operating, or condition reports prepared by,
25    on behalf of, or for the use of a public body responsible
26    for the regulation or supervision of financial

 

 

SB2178- 38 -LRB103 28325 HEP 54704 b

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

 

 

SB2178- 39 -LRB103 28325 HEP 54704 b

1    Illinois Power Agency.
2        (y) Information contained in or related to proposals,
3    bids, or negotiations related to electric power
4    procurement under Section 1-75 of the Illinois Power
5    Agency Act and Section 16-111.5 of the Public Utilities
6    Act that is determined to be confidential and proprietary
7    by the Illinois Power Agency or by the Illinois Commerce
8    Commission.
9        (z) Information about students exempted from
10    disclosure under Section Sections 10-20.38 or 34-18.29 of
11    the School Code, and information about undergraduate
12    students enrolled at an institution of higher education
13    exempted from disclosure under Section 25 of the Illinois
14    Credit Card Marketing Act of 2009.
15        (aa) Information the disclosure of which is exempted
16    under the Viatical Settlements Act of 2009.
17        (bb) Records and information provided to a mortality
18    review team and records maintained by a mortality review
19    team appointed under the Department of Juvenile Justice
20    Mortality Review Team Act.
21        (cc) Information regarding interments, entombments, or
22    inurnments of human remains that are submitted to the
23    Cemetery Oversight Database under the Cemetery Care Act or
24    the Cemetery Oversight Act, whichever is applicable.
25        (dd) Correspondence and records (i) that may not be
26    disclosed under Section 11-9 of the Illinois Public Aid

 

 

SB2178- 40 -LRB103 28325 HEP 54704 b

1    Code or (ii) that pertain to appeals under Section 11-8 of
2    the Illinois Public Aid Code.
3        (ee) The names, addresses, or other personal
4    information of persons who are minors and are also
5    participants and registrants in programs of park
6    districts, forest preserve districts, conservation
7    districts, recreation agencies, and special recreation
8    associations.
9        (ff) The names, addresses, or other personal
10    information of participants and registrants in programs of
11    park districts, forest preserve districts, conservation
12    districts, recreation agencies, and special recreation
13    associations where such programs are targeted primarily to
14    minors.
15        (gg) Confidential information described in Section
16    1-100 of the Illinois Independent Tax Tribunal Act of
17    2012.
18        (hh) The report submitted to the State Board of
19    Education by the School Security and Standards Task Force
20    under item (8) of subsection (d) of Section 2-3.160 of the
21    School Code and any information contained in that report.
22        (ii) Records requested by persons committed to or
23    detained by the Department of Human Services under the
24    Sexually Violent Persons Commitment Act or committed to
25    the Department of Corrections under the Sexually Dangerous
26    Persons Act if those materials: (i) are available in the

 

 

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1    library of the facility where the individual is confined;
2    (ii) include records from staff members' personnel files,
3    staff rosters, or other staffing assignment information;
4    or (iii) are available through an administrative request
5    to the Department of Human Services or the Department of
6    Corrections.
7        (jj) Confidential information described in Section
8    5-535 of the Civil Administrative Code of Illinois.
9        (kk) The public body's credit card numbers, debit card
10    numbers, bank account numbers, Federal Employer
11    Identification Number, security code numbers, passwords,
12    and similar account information, the disclosure of which
13    could result in identity theft or impression or defrauding
14    of a governmental entity or a person.
15        (ll) Records concerning the work of the threat
16    assessment team of a school district, including, but not
17    limited to, any threat assessment procedure under the
18    School Safety Drill Act and any information contained in
19    the procedure.
20        (mm) Information prohibited from being disclosed under
21    subsections (a) and (b) of Section 15 of the Student
22    Confidential Reporting Act.
23        (nn) (mm) Proprietary information submitted to the
24    Environmental Protection Agency under the Drug Take-Back
25    Act.
26        (oo) (mm) Records described in subsection (f) of

 

 

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1    Section 3-5-1 of the Unified Code of Corrections.
2    (1.5) Any information exempt from disclosure under the
3Judicial Privacy Act shall be redacted from public records
4prior to disclosure under this Act.
5    (2) A public record that is not in the possession of a
6public body but is in the possession of a party with whom the
7agency has contracted to perform a governmental function on
8behalf of the public body, and that directly relates to the
9governmental function and is not otherwise exempt under this
10Act, shall be considered a public record of the public body,
11for purposes of this Act.
12    (3) This Section does not authorize withholding of
13information or limit the availability of records to the
14public, except as stated in this Section or otherwise provided
15in this Act.
16(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
17101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
186-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
19eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
20102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
216-10-22; revised 12-13-22.)
 
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does

 

 

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1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.