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1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the First
5 Responder Building Mapping System Act.
 
6     Section 5. Purpose. The General Assembly recognizes the
7 extreme dangers present when the safety of our citizens
8 requires first responders, such as police and firefighters, to
9 evacuate and secure a building. In an effort to prepare for
10 responding to unintended disasters, criminal acts, and acts of
11 terrorism, the General Assembly intends to create a statewide
12 first responder building mapping information system that will
13 provide all first responders with the information they need to
14 be successful when disaster strikes. The first responder
15 building mapping system created by this Act is to be developed
16 for a limited and specific purpose and is in no way to be
17 construed as imposing standards or system requirements on any
18 other mapping systems developed and used for any other
19 government purposes.
 
20     Section 10. Statewide first responder building mapping
21 information system. Subject to a separate appropriation made
22 for that purpose, the Illinois Emergency Management Agency
23 shall create and operate a statewide first responder building
24 mapping information system.
25     All State agencies, units of local government, and school
26 districts must use building mapping software that complies with
27 the building mapping software standards developed as provided
28 in this Act for any building mapped for this purpose after the
29 statewide first responder building mapping information system
30 is operational. If, before the creation of the statewide
31 building mapping information system, a State agency, unit of

 

 

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1 local government, or school district has used building mapping
2 software standards that do not comply with this Act, the State
3 agency, unit of local government, or school district may
4 continue to use its own building mapping system unless the
5 Illinois Emergency Management Agency provides funding to bring
6 the governmental entity's system into compliance with
7 standards developed under this Act.
8     All State, unit of local government, and school district
9 owned buildings that are occupied by its employees must be
10 mapped when funding is provided by the Illinois Emergency
11 Management Agency or from other sources. Nothing in this Act
12 requires any State agency, unit of local government, or school
13 district to map a building unless the entire cost of mapping
14 the building is provided by the Illinois Emergency Management
15 Agency or from other sources for that purpose.
16     Once the statewide first responder building mapping
17 information system is operational, the building mapping
18 information data for all State, unit of local government, and
19 school district buildings that are mapped must be forwarded to
20 the Illinois Emergency Management Agency. All participating
21 private and federally owned buildings may voluntarily forward
22 their mapping and emergency information data to the Illinois
23 Emergency Management Agency. The Illinois Emergency Management
24 Agency may refuse any building mapping information that does
25 not comply with the specifications developed under this Act.
26     Consistent with the guidelines developed under this Act,
27 the Illinois Emergency Management Agency shall electronically
28 make the building mapping information available to all State,
29 local, and federal law enforcement agencies and to all Illinois
30 fire protection districts and fire departments.
31     Consistent with the guidelines developed under this Act,
32 the Illinois Emergency Management Agency shall develop
33 building mapping software standards that must be used to
34 participate in the statewide first responder building mapping
35 information system.
36     The Illinois Emergency Management Agency shall pursue

 

 

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1 federal funds to:
2         (a) create the statewide first responder building
3     mapping information system; and
4         (b) develop grants for the mapping of all State, unit
5     of local government, and school district buildings in the
6     order determined by the Illinois Emergency Management
7     Agency after consultation with the First Responder Mapping
8     Task Force.
9     All tactical and intelligence information provided to the
10 Illinois Emergency Management Agency under this Act is exempt
11 from public disclosure under the Freedom of Information Act.
 
12     Section 15. First Responder Mapping Task Force. The
13 Illinois Emergency management Agency shall establish, within
14 the Agency, a First Responder Mapping Task Force as an advisory
15 body to assist in the establishment of guidelines related to
16 the statewide first responder building mapping information
17 system. The Director shall make appropriate appointments to the
18 Task force. Members shall serve at the pleasure of the
19 Director.
20     The First Responder Mapping Task Force shall advise and
21 assist the Illinois Emergency Management Agency with the
22 following:
23         (a) Developing the type of information to be included
24     in the statewide first responder building mapping
25     information system. The information shall include, but is
26     not limited to: floor plans, fire protection information,
27     evacuation plans, utility information, known hazards, and
28     text and digital images showing emergency personnel
29     contact information.
30         (b) Developing building mapping software standards
31     that must be used by all entities participating in the
32     statewide first responder building mapping information
33     system.
34         (c) Determining the order in which buildings shall be
35     mapped when funding is received.

 

 

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1         (d) Developing guidelines on how the information shall
2     be made available. These guidelines shall include detailed
3     procedures and security systems to ensure that the
4     information is made available only to the government entity
5     that either owns the building or is responding to an
6     incident at the building.
7         (e) Recommending training guidelines regarding using
8     the statewide first responder building mapping information
9     system.
10     Nothing in this Section supersedes the authority of State
11 agencies, units of local governments, and school districts to
12 control and maintain access to information within their
13 independent systems.
 
14     Section 25. The Freedom of Information Act is amended by
15 changing Section 7 as follows:
 
16     (5 ILCS 140/7)  (from Ch. 116, par. 207)
17     Sec. 7. Exemptions.
18     (1) The following shall be exempt from inspection and
19 copying:
20         (a) Information specifically prohibited from
21     disclosure by federal or State law or rules and regulations
22     adopted under federal or State law.
23         (b) Information that, if disclosed, would constitute a
24     clearly unwarranted invasion of personal privacy, unless
25     the disclosure is consented to in writing by the individual
26     subjects of the information. The disclosure of information
27     that bears on the public duties of public employees and
28     officials shall not be considered an invasion of personal
29     privacy. Information exempted under this subsection (b)
30     shall include but is not limited to:
31             (i) files and personal information maintained with
32         respect to clients, patients, residents, students or
33         other individuals receiving social, medical,
34         educational, vocational, financial, supervisory or

 

 

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1         custodial care or services directly or indirectly from
2         federal agencies or public bodies;
3             (ii) personnel files and personal information
4         maintained with respect to employees, appointees or
5         elected officials of any public body or applicants for
6         those positions;
7             (iii) files and personal information maintained
8         with respect to any applicant, registrant or licensee
9         by any public body cooperating with or engaged in
10         professional or occupational registration, licensure
11         or discipline;
12             (iv) information required of any taxpayer in
13         connection with the assessment or collection of any tax
14         unless disclosure is otherwise required by State
15         statute;
16             (v) information revealing the identity of persons
17         who file complaints with or provide information to
18         administrative, investigative, law enforcement or
19         penal agencies; provided, however, that identification
20         of witnesses to traffic accidents, traffic accident
21         reports, and rescue reports may be provided by agencies
22         of local government, except in a case for which a
23         criminal investigation is ongoing, without
24         constituting a clearly unwarranted per se invasion of
25         personal privacy under this subsection; and
26             (vi) the names, addresses, or other personal
27         information of participants and registrants in park
28         district, forest preserve district, and conservation
29         district programs.
30         (c) Records compiled by any public body for
31     administrative enforcement proceedings and any law
32     enforcement or correctional agency for law enforcement
33     purposes or for internal matters of a public body, but only
34     to the extent that disclosure would:
35             (i) interfere with pending or actually and
36         reasonably contemplated law enforcement proceedings

 

 

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1         conducted by any law enforcement or correctional
2         agency;
3             (ii) interfere with pending administrative
4         enforcement proceedings conducted by any public body;
5             (iii) deprive a person of a fair trial or an
6         impartial hearing;
7             (iv) unavoidably disclose the identity of a
8         confidential source or confidential information
9         furnished only by the confidential source;
10             (v) disclose unique or specialized investigative
11         techniques other than those generally used and known or
12         disclose internal documents of correctional agencies
13         related to detection, observation or investigation of
14         incidents of crime or misconduct;
15             (vi) constitute an invasion of personal privacy
16         under subsection (b) of this Section;
17             (vii) endanger the life or physical safety of law
18         enforcement personnel or any other person; or
19             (viii) obstruct an ongoing criminal investigation.
20         (d) Criminal history record information maintained by
21     State or local criminal justice agencies, except the
22     following which shall be open for public inspection and
23     copying:
24             (i) chronologically maintained arrest information,
25         such as traditional arrest logs or blotters;
26             (ii) the name of a person in the custody of a law
27         enforcement agency and the charges for which that
28         person is being held;
29             (iii) court records that are public;
30             (iv) records that are otherwise available under
31         State or local law; or
32             (v) records in which the requesting party is the
33         individual identified, except as provided under part
34         (vii) of paragraph (c) of subsection (1) of this
35         Section.
36         "Criminal history record information" means data

 

 

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1     identifiable to an individual and consisting of
2     descriptions or notations of arrests, detentions,
3     indictments, informations, pre-trial proceedings, trials,
4     or other formal events in the criminal justice system or
5     descriptions or notations of criminal charges (including
6     criminal violations of local municipal ordinances) and the
7     nature of any disposition arising therefrom, including
8     sentencing, court or correctional supervision,
9     rehabilitation and release. The term does not apply to
10     statistical records and reports in which individuals are
11     not identified and from which their identities are not
12     ascertainable, or to information that is for criminal
13     investigative or intelligence purposes.
14         (e) Records that relate to or affect the security of
15     correctional institutions and detention facilities.
16         (f) Preliminary drafts, notes, recommendations,
17     memoranda and other records in which opinions are
18     expressed, or policies or actions are formulated, except
19     that a specific record or relevant portion of a record
20     shall not be exempt when the record is publicly cited and
21     identified by the head of the public body. The exemption
22     provided in this paragraph (f) extends to all those records
23     of officers and agencies of the General Assembly that
24     pertain to the preparation of legislative documents.
25         (g) Trade secrets and commercial or financial
26     information obtained from a person or business where the
27     trade secrets or information are proprietary, privileged
28     or confidential, or where disclosure of the trade secrets
29     or information may cause competitive harm, including all
30     information determined to be confidential under Section
31     4002 of the Technology Advancement and Development Act.
32     Nothing contained in this paragraph (g) shall be construed
33     to prevent a person or business from consenting to
34     disclosure.
35         (h) Proposals and bids for any contract, grant, or
36     agreement, including information which if it were

 

 

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1     disclosed would frustrate procurement or give an advantage
2     to any person proposing to enter into a contractor
3     agreement with the body, until an award or final selection
4     is made. Information prepared by or for the body in
5     preparation of a bid solicitation shall be exempt until an
6     award or final selection is made.
7         (i) Valuable formulae, computer geographic systems,
8     designs, drawings and research data obtained or produced by
9     any public body when disclosure could reasonably be
10     expected to produce private gain or public loss. The
11     exemption for "computer geographic systems" provided in
12     this paragraph (i) does not extend to requests made by news
13     media as defined in Section 2 of this Act when the
14     requested information is not otherwise exempt and the only
15     purpose of the request is to access and disseminate
16     information regarding the health, safety, welfare, or
17     legal rights of the general public.
18         (j) Test questions, scoring keys and other examination
19     data used to administer an academic examination or
20     determined the qualifications of an applicant for a license
21     or employment.
22         (k) Architects' plans, engineers' technical
23     submissions, and other construction related technical
24     documents for projects not constructed or developed in
25     whole or in part with public funds and the same for
26     projects constructed or developed with public funds, but
27     only to the extent that disclosure would compromise
28     security, including but not limited to water treatment
29     facilities, airport facilities, sport stadiums, convention
30     centers, and all government owned, operated, or occupied
31     buildings.
32         (l) Library circulation and order records identifying
33     library users with specific materials.
34         (m) Minutes of meetings of public bodies closed to the
35     public as provided in the Open Meetings Act until the
36     public body makes the minutes available to the public under

 

 

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1     Section 2.06 of the Open Meetings Act.
2         (n) Communications between a public body and an
3     attorney or auditor representing the public body that would
4     not be subject to discovery in litigation, and materials
5     prepared or compiled by or for a public body in
6     anticipation of a criminal, civil or administrative
7     proceeding upon the request of an attorney advising the
8     public body, and materials prepared or compiled with
9     respect to internal audits of public bodies.
10         (o) Information received by a primary or secondary
11     school, college or university under its procedures for the
12     evaluation of faculty members by their academic peers.
13         (p) Administrative or technical information associated
14     with automated data processing operations, including but
15     not limited to software, operating protocols, computer
16     program abstracts, file layouts, source listings, object
17     modules, load modules, user guides, documentation
18     pertaining to all logical and physical design of
19     computerized systems, employee manuals, and any other
20     information that, if disclosed, would jeopardize the
21     security of the system or its data or the security of
22     materials exempt under this Section.
23         (q) Documents or materials relating to collective
24     negotiating matters between public bodies and their
25     employees or representatives, except that any final
26     contract or agreement shall be subject to inspection and
27     copying.
28         (r) Drafts, notes, recommendations and memoranda
29     pertaining to the financing and marketing transactions of
30     the public body. The records of ownership, registration,
31     transfer, and exchange of municipal debt obligations, and
32     of persons to whom payment with respect to these
33     obligations is made.
34         (s) The records, documents and information relating to
35     real estate purchase negotiations until those negotiations
36     have been completed or otherwise terminated. With regard to

 

 

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1     a parcel involved in a pending or actually and reasonably
2     contemplated eminent domain proceeding under Article VII
3     of the Code of Civil Procedure, records, documents and
4     information relating to that parcel shall be exempt except
5     as may be allowed under discovery rules adopted by the
6     Illinois Supreme Court. The records, documents and
7     information relating to a real estate sale shall be exempt
8     until a sale is consummated.
9         (t) Any and all proprietary information and records
10     related to the operation of an intergovernmental risk
11     management association or self-insurance pool or jointly
12     self-administered health and accident cooperative or pool.
13         (u) Information concerning a university's adjudication
14     of student or employee grievance or disciplinary cases, to
15     the extent that disclosure would reveal the identity of the
16     student or employee and information concerning any public
17     body's adjudication of student or employee grievances or
18     disciplinary cases, except for the final outcome of the
19     cases.
20         (v) Course materials or research materials used by
21     faculty members.
22         (w) Information related solely to the internal
23     personnel rules and practices of a public body.
24         (x) Information contained in or related to
25     examination, operating, or condition reports prepared by,
26     on behalf of, or for the use of a public body responsible
27     for the regulation or supervision of financial
28     institutions or insurance companies, unless disclosure is
29     otherwise required by State law.
30         (y) Information the disclosure of which is restricted
31     under Section 5-108 of the Public Utilities Act.
32         (z) Manuals or instruction to staff that relate to
33     establishment or collection of liability for any State tax
34     or that relate to investigations by a public body to
35     determine violation of any criminal law.
36         (aa) Applications, related documents, and medical

 

 

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1     records received by the Experimental Organ Transplantation
2     Procedures Board and any and all documents or other records
3     prepared by the Experimental Organ Transplantation
4     Procedures Board or its staff relating to applications it
5     has received.
6         (bb) Insurance or self insurance (including any
7     intergovernmental risk management association or self
8     insurance pool) claims, loss or risk management
9     information, records, data, advice or communications.
10         (cc) Information and records held by the Department of
11     Public Health and its authorized representatives relating
12     to known or suspected cases of sexually transmissible
13     disease or any information the disclosure of which is
14     restricted under the Illinois Sexually Transmissible
15     Disease Control Act.
16         (dd) Information the disclosure of which is exempted
17     under Section 30 of the Radon Industry Licensing Act.
18         (ee) Firm performance evaluations under Section 55 of
19     the Architectural, Engineering, and Land Surveying
20     Qualifications Based Selection Act.
21         (ff) Security portions of system safety program plans,
22     investigation reports, surveys, schedules, lists, data, or
23     information compiled, collected, or prepared by or for the
24     Regional Transportation Authority under Section 2.11 of
25     the Regional Transportation Authority Act or the St. Clair
26     County Transit District under the Bi-State Transit Safety
27     Act.
28         (gg) Information the disclosure of which is restricted
29     and exempted under Section 50 of the Illinois Prepaid
30     Tuition Act.
31         (hh) Information the disclosure of which is exempted
32     under the State Officials and Employees Ethics Act.
33         (ii) Beginning July 1, 1999, information that would
34     disclose or might lead to the disclosure of secret or
35     confidential information, codes, algorithms, programs, or
36     private keys intended to be used to create electronic or

 

 

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1     digital signatures under the Electronic Commerce Security
2     Act.
3         (jj) Information contained in a local emergency energy
4     plan submitted to a municipality in accordance with a local
5     emergency energy plan ordinance that is adopted under
6     Section 11-21.5-5 of the Illinois Municipal Code.
7         (kk) Information and data concerning the distribution
8     of surcharge moneys collected and remitted by wireless
9     carriers under the Wireless Emergency Telephone Safety
10     Act.
11         (ll) Vulnerability assessments, security measures, and
12     response policies or plans that are designed to identify,
13     prevent, or respond to potential attacks upon a community's
14     population or systems, facilities, or installations, the
15     destruction or contamination of which would constitute a
16     clear and present danger to the health or safety of the
17     community, but only to the extent that disclosure could
18     reasonably be expected to jeopardize the effectiveness of
19     the measures or the safety of the personnel who implement
20     them or the public. Information exempt under this item may
21     include such things as details pertaining to the
22     mobilization or deployment of personnel or equipment, to
23     the operation of communication systems or protocols, or to
24     tactical operations.
25         (mm) Maps and other records regarding the location or
26     security of a utility's generation, transmission,
27     distribution, storage, gathering, treatment, or switching
28     facilities.
29         (nn) Law enforcement officer identification
30     information or driver identification information compiled
31     by a law enforcement agency or the Department of
32     Transportation under Section 11-212 of the Illinois
33     Vehicle Code.
34         (oo) Records and information provided to a residential
35     health care facility resident sexual assault and death
36     review team or the Residential Health Care Facility

 

 

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1     Resident Sexual Assault and Death Review Teams Executive
2     Council under the Residential Health Care Facility
3     Resident Sexual Assault and Death Review Team Act.
4         (pp) Building mapping records and other information
5     compiled by the Illinois Emergency Management Agency under
6     the First Responder Building Mapping System Act.
7     (2) This Section does not authorize withholding of
8 information or limit the availability of records to the public,
9 except as stated in this Section or otherwise provided in this
10 Act.
11 (Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281,
12 eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43,
13 eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03;
14 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff.
15 8-21-03; 93-617, eff. 12-9-03.)
 
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.