96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0124

 

Introduced 1/30/2009, by Sen. Deanna Demuzio

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7   from Ch. 116, par. 207

    Amends the Freedom of Information Act. Provides that the exemption from copying and inspection requirements for information relating to computer geographic systems does not apply to requests from licensed design professionals under certain circumstances.


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A BILL FOR

 

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1     AN ACT concerning government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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. 95-988)
8     Sec. 7. Exemptions.
9     (1) The following shall be exempt from inspection and
10 copying:
11         (a) Information specifically prohibited from
12     disclosure by federal or State law or rules and regulations
13     adopted under federal or State law.
14         (b) Information that, if disclosed, would constitute a
15     clearly unwarranted invasion of personal privacy, unless
16     the disclosure is consented to in writing by the individual
17     subjects of the information. The disclosure of information
18     that bears on the public duties of public employees and
19     officials shall not be considered an invasion of personal
20     privacy. Information exempted under this subsection (b)
21     shall include but is not limited to:
22             (i) files and personal information maintained with
23         respect to clients, patients, residents, students or

 

 

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1         other individuals receiving social, medical,
2         educational, vocational, financial, supervisory or
3         custodial care or services directly or indirectly from
4         federal agencies or public bodies;
5             (ii) personnel files and personal information
6         maintained with respect to employees, appointees or
7         elected officials of any public body or applicants for
8         those positions;
9             (iii) files and personal information maintained
10         with respect to any applicant, registrant or licensee
11         by any public body cooperating with or engaged in
12         professional or occupational registration, licensure
13         or discipline;
14             (iv) information required of any taxpayer in
15         connection with the assessment or collection of any tax
16         unless disclosure is otherwise required by State
17         statute;
18             (v) information revealing the identity of persons
19         who file complaints with or provide information to
20         administrative, investigative, law enforcement or
21         penal agencies; provided, however, that identification
22         of witnesses to traffic accidents, traffic accident
23         reports, and rescue reports may be provided by agencies
24         of local government, except in a case for which a
25         criminal investigation is ongoing, without
26         constituting a clearly unwarranted per se invasion of

 

 

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1         personal privacy under this subsection; and
2             (vi) the names, addresses, or other personal
3         information of participants and registrants in park
4         district, forest preserve district, and conservation
5         district programs.
6         (c) Records compiled by any public body for
7     administrative enforcement proceedings and any law
8     enforcement or correctional agency for law enforcement
9     purposes or for internal matters of a public body, but only
10     to the extent that disclosure would:
11             (i) interfere with pending or actually and
12         reasonably contemplated law enforcement proceedings
13         conducted by any law enforcement or correctional
14         agency;
15             (ii) interfere with pending administrative
16         enforcement proceedings conducted by any public body;
17             (iii) deprive a person of a fair trial or an
18         impartial hearing;
19             (iv) unavoidably disclose the identity of a
20         confidential source or confidential information
21         furnished only by the confidential source;
22             (v) disclose unique or specialized investigative
23         techniques other than those generally used and known or
24         disclose internal documents of correctional agencies
25         related to detection, observation or investigation of
26         incidents of crime or misconduct;

 

 

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1             (vi) constitute an invasion of personal privacy
2         under subsection (b) of this Section;
3             (vii) endanger the life or physical safety of law
4         enforcement personnel or any other person; or
5             (viii) obstruct an ongoing criminal investigation.
6         (d) Criminal history record information maintained by
7     State or local criminal justice agencies, except the
8     following which shall be open for public inspection and
9     copying:
10             (i) chronologically maintained arrest information,
11         such as traditional arrest logs or blotters;
12             (ii) the name of a person in the custody of a law
13         enforcement agency and the charges for which that
14         person is being held;
15             (iii) court records that are public;
16             (iv) records that are otherwise available under
17         State or local law; or
18             (v) records in which the requesting party is the
19         individual identified, except as provided under part
20         (vii) of paragraph (c) of subsection (1) of this
21         Section.
22         "Criminal history record information" means data
23     identifiable to an individual and consisting of
24     descriptions or notations of arrests, detentions,
25     indictments, informations, pre-trial proceedings, trials,
26     or other formal events in the criminal justice system or

 

 

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1     descriptions or notations of criminal charges (including
2     criminal violations of local municipal ordinances) and the
3     nature of any disposition arising therefrom, including
4     sentencing, court or correctional supervision,
5     rehabilitation and release. The term does not apply to
6     statistical records and reports in which individuals are
7     not identified and from which their identities are not
8     ascertainable, or to information that is for criminal
9     investigative or intelligence purposes.
10         (e) Records that relate to or affect the security of
11     correctional institutions and detention facilities.
12         (f) Preliminary drafts, notes, recommendations,
13     memoranda and other records in which opinions are
14     expressed, or policies or actions are formulated, except
15     that a specific record or relevant portion of a record
16     shall not be exempt when the record is publicly cited and
17     identified by the head of the public body. The exemption
18     provided in this paragraph (f) extends to all those records
19     of officers and agencies of the General Assembly that
20     pertain to the preparation of legislative documents.
21         (g) Trade secrets and commercial or financial
22     information obtained from a person or business where the
23     trade secrets or information are proprietary, privileged
24     or confidential, or where disclosure of the trade secrets
25     or information may cause competitive harm, including:
26             (i) All information determined to be confidential

 

 

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1         under Section 4002 of the Technology Advancement and
2         Development Act.
3             (ii) All trade secrets and commercial or financial
4         information obtained by a public body, including a
5         public pension fund, from a private equity fund or a
6         privately held company within the investment portfolio
7         of a private equity fund as a result of either
8         investing or evaluating a potential investment of
9         public funds in a private equity fund. The exemption
10         contained in this item does not apply to the aggregate
11         financial performance information of a private equity
12         fund, nor to the identity of the fund's managers or
13         general partners. The exemption contained in this item
14         does not apply to the identity of a privately held
15         company within the investment portfolio of a private
16         equity fund, unless the disclosure of the identity of a
17         privately held company may cause competitive harm.
18     Nothing contained in this paragraph (g) shall be construed
19 to prevent a person or business from consenting to disclosure.
20         (h) Proposals and bids for any contract, grant, or
21     agreement, including information which if it were
22     disclosed would frustrate procurement or give an advantage
23     to any person proposing to enter into a contractor
24     agreement with the body, until an award or final selection
25     is made. Information prepared by or for the body in
26     preparation of a bid solicitation shall be exempt until an

 

 

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1     award or final selection is made.
2         (i) Valuable formulae, computer geographic systems,
3     designs, drawings and research data obtained or produced by
4     any public body when disclosure could reasonably be
5     expected to produce private gain or public loss.
6             (A) The exemption for "computer geographic
7         systems" provided in this paragraph (i) does not extend
8         to requests made by news media as defined in Section 2
9         of this Act when the requested information is not
10         otherwise exempt and the only purpose of the request is
11         to access and disseminate information regarding the
12         health, safety, welfare, or legal rights of the general
13         public.
14             (B) The exemption for "computer geographic
15         systems" provided in this paragraph (i) does not extend
16         to a request made by a design professional, licensed
17         under the Illinois Architecture Practice Act of 1989,
18         the Structural Engineering Practice Act of 1989, the
19         Professional Engineering Practice of 1989, or the
20         Illinois Professional Land Surveyors Act of 1989, when
21         the requested information is not to be used to produce
22         private gain or public loss. Such a request must be
23         made for a one-time use only; the information may be
24         kept by the design professional for no more than 6
25         months; and no copying, re-use, re-transmission,
26         forwarding by electronic means, or reproduction of the

 

 

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1         computer geographic systems may be made by the design
2         professional without the expressed written consent of
3         the public body.
4         (j) Test questions, scoring keys and other examination
5     data used to administer an academic examination or
6     determined the qualifications of an applicant for a license
7     or employment.
8         (k) Architects' plans, engineers' technical
9     submissions, and other construction related technical
10     documents for projects not constructed or developed in
11     whole or in part with public funds and the same for
12     projects constructed or developed with public funds, but
13     only to the extent that disclosure would compromise
14     security, including but not limited to water treatment
15     facilities, airport facilities, sport stadiums, convention
16     centers, and all government owned, operated, or occupied
17     buildings.
18         (l) Library circulation and order records identifying
19     library users with specific materials.
20         (m) Minutes of meetings of public bodies closed to the
21     public as provided in the Open Meetings Act until the
22     public body makes the minutes available to the public under
23     Section 2.06 of the Open Meetings Act.
24         (n) Communications between a public body and an
25     attorney or auditor representing the public body that would
26     not be subject to discovery in litigation, and materials

 

 

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1     prepared or compiled by or for a public body in
2     anticipation of a criminal, civil or administrative
3     proceeding upon the request of an attorney advising the
4     public body, and materials prepared or compiled with
5     respect to internal audits of public bodies.
6         (o) Information received by a primary or secondary
7     school, college or university under its procedures for the
8     evaluation of faculty members by their academic peers.
9         (p) Administrative or technical information associated
10     with automated data processing operations, including but
11     not limited to software, operating protocols, computer
12     program abstracts, file layouts, source listings, object
13     modules, load modules, user guides, documentation
14     pertaining to all logical and physical design of
15     computerized systems, employee manuals, and any other
16     information that, if disclosed, would jeopardize the
17     security of the system or its data or the security of
18     materials exempt under this Section.
19         (q) Documents or materials relating to collective
20     negotiating matters between public bodies and their
21     employees or representatives, except that any final
22     contract or agreement shall be subject to inspection and
23     copying.
24         (r) Drafts, notes, recommendations and memoranda
25     pertaining to the financing and marketing transactions of
26     the public body. The records of ownership, registration,

 

 

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1     transfer, and exchange of municipal debt obligations, and
2     of persons to whom payment with respect to these
3     obligations is made.
4         (s) The records, documents and information relating to
5     real estate purchase negotiations until those negotiations
6     have been completed or otherwise terminated. With regard to
7     a parcel involved in a pending or actually and reasonably
8     contemplated eminent domain proceeding under the Eminent
9     Domain Act, records, documents and information relating to
10     that parcel shall be exempt except as may be allowed under
11     discovery rules adopted by the Illinois Supreme Court. The
12     records, documents and information relating to a real
13     estate sale shall be exempt until a sale is consummated.
14         (t) 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         (u) Information concerning a university's adjudication
19     of student or employee grievance or disciplinary cases, to
20     the extent that disclosure would reveal the identity of the
21     student or employee and information concerning any public
22     body's adjudication of student or employee grievances or
23     disciplinary cases, except for the final outcome of the
24     cases.
25         (v) Course materials or research materials used by
26     faculty members.

 

 

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1         (w) Information related solely to the internal
2     personnel rules and practices of a public body.
3         (x) Information contained in or related to
4     examination, operating, or condition reports prepared by,
5     on behalf of, or for the use of a public body responsible
6     for the regulation or supervision of financial
7     institutions or insurance companies, unless disclosure is
8     otherwise required by State law.
9         (y) Information the disclosure of which is restricted
10     under Section 5-108 of the Public Utilities Act.
11         (z) Manuals or instruction to staff that relate to
12     establishment or collection of liability for any State tax
13     or that relate to investigations by a public body to
14     determine violation of any criminal law.
15         (aa) Applications, related documents, and medical
16     records received by the Experimental Organ Transplantation
17     Procedures Board and any and all documents or other records
18     prepared by the Experimental Organ Transplantation
19     Procedures Board or its staff relating to applications it
20     has received.
21         (bb) Insurance or self insurance (including any
22     intergovernmental risk management association or self
23     insurance pool) claims, loss or risk management
24     information, records, data, advice or communications.
25         (cc) Information and records held by the Department of
26     Public Health and its authorized representatives relating

 

 

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1     to known or suspected cases of sexually transmissible
2     disease or any information the disclosure of which is
3     restricted under the Illinois Sexually Transmissible
4     Disease Control Act.
5         (dd) Information the disclosure of which is exempted
6     under Section 30 of the Radon Industry Licensing Act.
7         (ee) Firm performance evaluations under Section 55 of
8     the Architectural, Engineering, and Land Surveying
9     Qualifications Based Selection Act.
10         (ff) Security portions of system safety program plans,
11     investigation reports, surveys, schedules, lists, data, or
12     information compiled, collected, or prepared by or for the
13     Regional Transportation Authority under Section 2.11 of
14     the Regional Transportation Authority Act or the St. Clair
15     County Transit District under the Bi-State Transit Safety
16     Act.
17         (gg) Information the disclosure of which is restricted
18     and exempted under Section 50 of the Illinois Prepaid
19     Tuition Act.
20         (hh) Information the disclosure of which is exempted
21     under the State Officials and Employees Ethics Act.
22         (ii) Beginning July 1, 1999, information that would
23     disclose or might lead to the disclosure of secret or
24     confidential information, codes, algorithms, programs, or
25     private keys intended to be used to create electronic or
26     digital signatures under the Electronic Commerce Security

 

 

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1     Act.
2         (jj) Information contained in a local emergency energy
3     plan submitted to a municipality in accordance with a local
4     emergency energy plan ordinance that is adopted under
5     Section 11-21.5-5 of the Illinois Municipal Code.
6         (kk) Information and data concerning the distribution
7     of surcharge moneys collected and remitted by wireless
8     carriers under the Wireless Emergency Telephone Safety
9     Act.
10         (ll) Vulnerability assessments, security measures, and
11     response policies or plans that are designed to identify,
12     prevent, or respond to potential attacks upon a community's
13     population or systems, facilities, or installations, the
14     destruction or contamination of which would constitute a
15     clear and present danger to the health or safety of the
16     community, but only to the extent that disclosure could
17     reasonably be expected to jeopardize the effectiveness of
18     the measures or the safety of the personnel who implement
19     them or the public. Information exempt under this item may
20     include such things as details pertaining to the
21     mobilization or deployment of personnel or equipment, to
22     the operation of communication systems or protocols, or to
23     tactical operations.
24         (mm) Maps and other records regarding the location or
25     security of generation, transmission, distribution,
26     storage, gathering, treatment, or switching facilities

 

 

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1     owned by a utility or by the Illinois Power Agency.
2         (nn) Law enforcement officer identification
3     information or driver identification information compiled
4     by a law enforcement agency or the Department of
5     Transportation under Section 11-212 of the Illinois
6     Vehicle Code.
7         (oo) Records and information provided to a residential
8     health care facility resident sexual assault and death
9     review team or the Executive Council under the Abuse
10     Prevention Review Team Act.
11         (pp) Information provided to the predatory lending
12     database created pursuant to Article 3 of the Residential
13     Real Property Disclosure Act, except to the extent
14     authorized under that Article.
15         (qq) Defense budgets and petitions for certification
16     of compensation and expenses for court appointed trial
17     counsel as provided under Sections 10 and 15 of the Capital
18     Crimes Litigation Act. This subsection (qq) shall apply
19     until the conclusion of the trial of the case, even if the
20     prosecution chooses not to pursue the death penalty prior
21     to trial or sentencing.
22         (rr) Information contained in or related to proposals,
23     bids, or negotiations related to electric power
24     procurement under Section 1-75 of the Illinois Power Agency
25     Act and Section 16-111.5 of the Public Utilities Act that
26     is determined to be confidential and proprietary by the

 

 

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1     Illinois Power Agency or by the Illinois Commerce
2     Commission.
3         (ss) Information that is prohibited from being
4     disclosed under Section 4 of the Illinois Health and
5     Hazardous Substances Registry Act.
6     (2) This Section does not authorize withholding of
7 information or limit the availability of records to the public,
8 except as stated in this Section or otherwise provided in this
9 Act.
10 (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664,
11 eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
12 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.
13 8-28-07; 95-941, eff. 8-29-08.)
 
14     (Text of Section after amendment by P.A. 95-988)
15     Sec. 7. Exemptions.
16     (1) The following shall be exempt from inspection and
17 copying:
18         (a) Information specifically prohibited from
19     disclosure by federal or State law or rules and regulations
20     adopted under federal or State law.
21         (b) Information that, if disclosed, would constitute a
22     clearly unwarranted invasion of personal privacy, unless
23     the disclosure is consented to in writing by the individual
24     subjects of the information. The disclosure of information
25     that bears on the public duties of public employees and

 

 

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1     officials shall not be considered an invasion of personal
2     privacy. Information exempted under this subsection (b)
3     shall include but is not limited to:
4             (i) files and personal information maintained with
5         respect to clients, patients, residents, students or
6         other individuals receiving social, medical,
7         educational, vocational, financial, supervisory or
8         custodial care or services directly or indirectly from
9         federal agencies or public bodies;
10             (ii) personnel files and personal information
11         maintained with respect to employees, appointees or
12         elected officials of any public body or applicants for
13         those positions;
14             (iii) files and personal information maintained
15         with respect to any applicant, registrant or licensee
16         by any public body cooperating with or engaged in
17         professional or occupational registration, licensure
18         or discipline;
19             (iv) information required of any taxpayer in
20         connection with the assessment or collection of any tax
21         unless disclosure is otherwise required by State
22         statute;
23             (v) information revealing the identity of persons
24         who file complaints with or provide information to
25         administrative, investigative, law enforcement or
26         penal agencies; provided, however, that identification

 

 

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1         of witnesses to traffic accidents, traffic accident
2         reports, and rescue reports may be provided by agencies
3         of local government, except in a case for which a
4         criminal investigation is ongoing, without
5         constituting a clearly unwarranted per se invasion of
6         personal privacy under this subsection;
7             (vi) the names, addresses, or other personal
8         information of participants and registrants in park
9         district, forest preserve district, and conservation
10         district programs; and
11             (vii) the Notarial Record or other medium
12         containing the thumbprint or fingerprint required by
13         Section 3-102(c)(6) of the Illinois Notary Public Act.
14         (c) Records compiled by any public body for
15     administrative enforcement proceedings and any law
16     enforcement or correctional agency for law enforcement
17     purposes or for internal matters of a public body, but only
18     to the extent that disclosure would:
19             (i) interfere with pending or actually and
20         reasonably contemplated law enforcement proceedings
21         conducted by any law enforcement or correctional
22         agency;
23             (ii) interfere with pending administrative
24         enforcement proceedings conducted by any public body;
25             (iii) deprive a person of a fair trial or an
26         impartial hearing;

 

 

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

 

 

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1         individual identified, except as provided under part
2         (vii) of paragraph (c) of subsection (1) of this
3         Section.
4         "Criminal history record information" means data
5     identifiable to an individual and consisting of
6     descriptions or notations of arrests, detentions,
7     indictments, informations, pre-trial proceedings, trials,
8     or other formal events in the criminal justice system or
9     descriptions or notations of criminal charges (including
10     criminal violations of local municipal ordinances) and the
11     nature of any disposition arising therefrom, including
12     sentencing, court or correctional supervision,
13     rehabilitation and release. The term does not apply to
14     statistical records and reports in which individuals are
15     not identified and from which their identities are not
16     ascertainable, or to information that is for criminal
17     investigative or intelligence purposes.
18         (e) Records that relate to or affect the security of
19     correctional institutions and detention facilities.
20         (f) Preliminary drafts, notes, recommendations,
21     memoranda and other records in which opinions are
22     expressed, or policies or actions are formulated, except
23     that a specific record or relevant portion of a record
24     shall not be exempt when the record is publicly cited and
25     identified by the head of the public body. The exemption
26     provided in this paragraph (f) extends to all those records

 

 

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1     of officers and agencies of the General Assembly that
2     pertain to the preparation of legislative documents.
3         (g) Trade secrets and commercial or financial
4     information obtained from a person or business where the
5     trade secrets or information are proprietary, privileged
6     or confidential, or where disclosure of the trade secrets
7     or information may cause competitive harm, including:
8             (i) All information determined to be confidential
9         under Section 4002 of the Technology Advancement and
10         Development Act.
11             (ii) All trade secrets and commercial or financial
12         information obtained by a public body, including a
13         public pension fund, from a private equity fund or a
14         privately held company within the investment portfolio
15         of a private equity fund as a result of either
16         investing or evaluating a potential investment of
17         public funds in a private equity fund. The exemption
18         contained in this item does not apply to the aggregate
19         financial performance information of a private equity
20         fund, nor to the identity of the fund's managers or
21         general partners. The exemption contained in this item
22         does not apply to the identity of a privately held
23         company within the investment portfolio of a private
24         equity fund, unless the disclosure of the identity of a
25         privately held company may cause competitive harm.
26     Nothing contained in this paragraph (g) shall be construed

 

 

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1 to prevent a person or business from consenting 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 by
12     any public body when disclosure could reasonably be
13     expected to produce private gain or public loss.
14             (A) The exemption for "computer geographic
15         systems" provided in this paragraph (i) does not extend
16         to requests made by news media as defined in Section 2
17         of this Act when the requested information is not
18         otherwise exempt and the only purpose of the request is
19         to access and disseminate information regarding the
20         health, safety, welfare, or legal rights of the general
21         public.
22             (B) The exemption for "computer geographic
23         systems" provided in this paragraph (i) does not extend
24         to a request made by a design professional, licensed
25         under the Illinois Architecture Practice Act of 1989,
26         the Structural Engineering Practice Act of 1989, the

 

 

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1         Professional Engineering Practice of 1989, or the
2         Illinois Professional Land Surveyors Act of 1989, when
3         the requested information is not to be used to produce
4         private gain or public loss. Such a request must be
5         made for a one-time use only; the information may be
6         kept by the design professional for no more than 6
7         months; and no copying, re-use, re-transmission,
8         forwarding by electronic means, or reproduction of the
9         computer geographic systems may be made by the design
10         professional without the expressed written consent of
11         the public body.
12         (j) Test questions, scoring keys and other examination
13     data used to administer an academic examination or
14     determined the qualifications of an applicant for a license
15     or employment.
16         (k) Architects' plans, engineers' technical
17     submissions, and other construction related technical
18     documents for projects not constructed or developed in
19     whole or in part with public funds and the same for
20     projects constructed or developed with public funds, but
21     only to the extent that disclosure would compromise
22     security, including but not limited to water treatment
23     facilities, airport facilities, sport stadiums, convention
24     centers, and all government owned, operated, or occupied
25     buildings.
26         (l) Library circulation and order records identifying

 

 

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1     library users with specific materials.
2         (m) Minutes of meetings of public bodies closed to the
3     public as provided in the Open Meetings Act until the
4     public body makes the minutes available to the public under
5     Section 2.06 of the Open Meetings Act.
6         (n) Communications between a public body and an
7     attorney or auditor representing the public body that would
8     not be subject to discovery in litigation, and materials
9     prepared or compiled by or for a public body in
10     anticipation of a criminal, civil or administrative
11     proceeding upon the request of an attorney advising the
12     public body, and materials prepared or compiled with
13     respect to internal audits of public bodies.
14         (o) Information received by a primary or secondary
15     school, college or university under its procedures for the
16     evaluation of faculty members by their academic peers.
17         (p) Administrative or technical information associated
18     with automated data processing operations, including but
19     not limited to software, operating protocols, computer
20     program abstracts, file layouts, source listings, object
21     modules, load modules, user guides, documentation
22     pertaining to all logical and physical design of
23     computerized systems, employee manuals, and any other
24     information that, if disclosed, would jeopardize the
25     security of the system or its data or the security of
26     materials exempt under this Section.

 

 

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1         (q) Documents or materials relating to collective
2     negotiating matters between public bodies and their
3     employees or representatives, except that any final
4     contract or agreement shall be subject to inspection and
5     copying.
6         (r) Drafts, notes, recommendations and memoranda
7     pertaining to the financing and marketing transactions of
8     the public body. The records of ownership, registration,
9     transfer, and exchange of municipal debt obligations, and
10     of persons to whom payment with respect to these
11     obligations is made.
12         (s) The records, documents and information relating to
13     real estate purchase negotiations until those negotiations
14     have been completed or otherwise terminated. With regard to
15     a parcel involved in a pending or actually and reasonably
16     contemplated eminent domain proceeding under the Eminent
17     Domain Act, records, documents and information relating to
18     that parcel shall be exempt except as may be allowed under
19     discovery rules adopted by the Illinois Supreme Court. The
20     records, documents and information relating to a real
21     estate sale shall be exempt until a sale is consummated.
22         (t) Any and all proprietary information and records
23     related to the operation of an intergovernmental risk
24     management association or self-insurance pool or jointly
25     self-administered health and accident cooperative or pool.
26         (u) Information concerning a university's adjudication

 

 

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1     of student or employee grievance or disciplinary cases, to
2     the extent that disclosure would reveal the identity of the
3     student or employee and information concerning any public
4     body's adjudication of student or employee grievances or
5     disciplinary cases, except for the final outcome of the
6     cases.
7         (v) Course materials or research materials used by
8     faculty members.
9         (w) Information related solely to the internal
10     personnel rules and practices of a public body.
11         (x) Information contained in or related to
12     examination, operating, or condition reports prepared by,
13     on behalf of, or for the use of a public body responsible
14     for the regulation or supervision of financial
15     institutions or insurance companies, unless disclosure is
16     otherwise required by State law.
17         (y) Information the disclosure of which is restricted
18     under Section 5-108 of the Public Utilities Act.
19         (z) Manuals or instruction to staff that relate to
20     establishment or collection of liability for any State tax
21     or that relate to investigations by a public body to
22     determine violation of any criminal law.
23         (aa) Applications, related documents, and medical
24     records received by the Experimental Organ Transplantation
25     Procedures Board and any and all documents or other records
26     prepared by the Experimental Organ Transplantation

 

 

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1     Procedures Board or its staff relating to applications it
2     has received.
3         (bb) Insurance or self insurance (including any
4     intergovernmental risk management association or self
5     insurance pool) claims, loss or risk management
6     information, records, data, advice or communications.
7         (cc) Information and records held by the Department of
8     Public Health and its authorized representatives relating
9     to known or suspected cases of sexually transmissible
10     disease or any information the disclosure of which is
11     restricted under the Illinois Sexually Transmissible
12     Disease Control Act.
13         (dd) Information the disclosure of which is exempted
14     under Section 30 of the Radon Industry Licensing Act.
15         (ee) Firm performance evaluations under Section 55 of
16     the Architectural, Engineering, and Land Surveying
17     Qualifications Based Selection Act.
18         (ff) Security portions of system safety program plans,
19     investigation reports, surveys, schedules, lists, data, or
20     information compiled, collected, or prepared by or for the
21     Regional Transportation Authority under Section 2.11 of
22     the Regional Transportation Authority Act or the St. Clair
23     County Transit District under the Bi-State Transit Safety
24     Act.
25         (gg) Information the disclosure of which is restricted
26     and exempted under Section 50 of the Illinois Prepaid

 

 

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1     Tuition Act.
2         (hh) Information the disclosure of which is exempted
3     under the State Officials and Employees Ethics Act.
4         (ii) Beginning July 1, 1999, information that would
5     disclose or might lead to the disclosure of secret or
6     confidential information, codes, algorithms, programs, or
7     private keys intended to be used to create electronic or
8     digital signatures under the Electronic Commerce Security
9     Act.
10         (jj) Information contained in a local emergency energy
11     plan submitted to a municipality in accordance with a local
12     emergency energy plan ordinance that is adopted under
13     Section 11-21.5-5 of the Illinois Municipal Code.
14         (kk) Information and data concerning the distribution
15     of surcharge moneys collected and remitted by wireless
16     carriers under the Wireless Emergency Telephone Safety
17     Act.
18         (ll) Vulnerability assessments, security measures, and
19     response policies or plans that are designed to identify,
20     prevent, or respond to potential attacks upon a community's
21     population or systems, facilities, or installations, the
22     destruction or contamination of which would constitute a
23     clear and present danger to the health or safety of the
24     community, but only to the extent that disclosure could
25     reasonably be expected to jeopardize the effectiveness of
26     the measures or the safety of the personnel who implement

 

 

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1     them or the public. Information exempt under this item may
2     include such things as details pertaining to the
3     mobilization or deployment of personnel or equipment, to
4     the operation of communication systems or protocols, or to
5     tactical operations.
6         (mm) Maps and other records regarding the location or
7     security of generation, transmission, distribution,
8     storage, gathering, treatment, or switching facilities
9     owned by a utility or by the Illinois Power Agency.
10         (nn) Law enforcement officer identification
11     information or driver identification information compiled
12     by a law enforcement agency or the Department of
13     Transportation under Section 11-212 of the Illinois
14     Vehicle Code.
15         (oo) Records and information provided to a residential
16     health care facility resident sexual assault and death
17     review team or the Executive Council under the Abuse
18     Prevention Review Team Act.
19         (pp) Information provided to the predatory lending
20     database created pursuant to Article 3 of the Residential
21     Real Property Disclosure Act, except to the extent
22     authorized under that Article.
23         (qq) Defense budgets and petitions for certification
24     of compensation and expenses for court appointed trial
25     counsel as provided under Sections 10 and 15 of the Capital
26     Crimes Litigation Act. This subsection (qq) shall apply

 

 

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1     until the conclusion of the trial of the case, even if the
2     prosecution chooses not to pursue the death penalty prior
3     to trial or sentencing.
4         (rr) Information contained in or related to proposals,
5     bids, or negotiations related to electric power
6     procurement under Section 1-75 of the Illinois Power Agency
7     Act and Section 16-111.5 of the Public Utilities Act that
8     is determined to be confidential and proprietary by the
9     Illinois Power Agency or by the Illinois Commerce
10     Commission.
11         (ss) Information that is prohibited from being
12     disclosed under Section 4 of the Illinois Health and
13     Hazardous Substances Registry Act.
14     (2) This Section does not authorize withholding of
15 information or limit the availability of records to the public,
16 except as stated in this Section or otherwise provided in this
17 Act.
18 (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664,
19 eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
20 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.
21 8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised
22 10-20-08.)
 
23     Section 95. No acceleration or delay. Where this Act makes
24 changes in a statute that is represented in this Act by text
25 that is not yet or no longer in effect (for example, a Section

 

 

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1 represented by multiple versions), the use of that text does
2 not accelerate or delay the taking effect of (i) the changes
3 made by this Act or (ii) provisions derived from any other
4 Public Act.