Illinois General Assembly - Full Text of HB5165
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Full Text of HB5165  102nd General Assembly


Rep. Lamont J. Robinson, Jr.

Filed: 2/15/2022





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2    AMENDMENT NO. ______. Amend House Bill 5165 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from
10disclosure under this Section, but also contains information
11that is not exempt from disclosure, the public body may elect
12to redact the information that is exempt. The public body
13shall make the remaining information available for inspection
14and copying. Subject to this requirement, the following shall
15be exempt from inspection and copying:
16        (a) Information specifically prohibited from



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



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



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



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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



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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.



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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



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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



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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



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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



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



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



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1    storage, gathering, treatment, or switching facilities
2    owned by a utility, by a power generator, or by the
3    Illinois Power Agency.
4        (y) 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
7    Agency Act and Section 16-111.5 of the Public Utilities
8    Act that is determined to be confidential and proprietary
9    by the Illinois Power Agency or by the Illinois Commerce
10    Commission.
11        (z) Information about students exempted from
12    disclosure under Sections 10-20.38 or 34-18.29 of the
13    School Code, and information about undergraduate students
14    enrolled at an institution of higher education exempted
15    from disclosure under Section 25 of the Illinois Credit
16    Card Marketing Act of 2009.
17        (aa) Information the disclosure of which is exempted
18    under the Viatical Settlements Act of 2009.
19        (bb) Records and information provided to a mortality
20    review team and records maintained by a mortality review
21    team appointed under the Department of Juvenile Justice
22    Mortality Review Team Act.
23        (cc) Information regarding interments, entombments, or
24    inurnments of human remains that are submitted to the
25    Cemetery Oversight Database under the Cemetery Care Act or
26    the Cemetery Oversight Act, whichever is applicable.



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1        (dd) Correspondence and records (i) that may not be
2    disclosed under Section 11-9 of the Illinois Public Aid
3    Code or (ii) that pertain to appeals under Section 11-8 of
4    the Illinois Public Aid Code.
5        (ee) The names, addresses, or other personal
6    information of persons who are minors and are also
7    participants and registrants in programs of park
8    districts, forest preserve districts, conservation
9    districts, recreation agencies, and special recreation
10    associations.
11        (ff) The names, addresses, or other personal
12    information of participants and registrants in programs of
13    park districts, forest preserve districts, conservation
14    districts, recreation agencies, and special recreation
15    associations where such programs are targeted primarily to
16    minors.
17        (gg) Confidential information described in Section
18    1-100 of the Illinois Independent Tax Tribunal Act of
19    2012.
20        (hh) The report submitted to the State Board of
21    Education by the School Security and Standards Task Force
22    under item (8) of subsection (d) of Section 2-3.160 of the
23    School Code and any information contained in that report.
24        (ii) Records requested by persons committed to or
25    detained by the Department of Human Services under the
26    Sexually Violent Persons Commitment Act or committed to



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1    the Department of Corrections under the Sexually Dangerous
2    Persons Act if those materials: (i) are available in the
3    library of the facility where the individual is confined;
4    (ii) include records from staff members' personnel files,
5    staff rosters, or other staffing assignment information;
6    or (iii) are available through an administrative request
7    to the Department of Human Services or the Department of
8    Corrections.
9        (jj) Confidential information described in Section
10    5-535 of the Civil Administrative Code of Illinois.
11        (kk) The public body's credit card numbers, debit card
12    numbers, bank account numbers, Federal Employer
13    Identification Number, security code numbers, passwords,
14    and similar account information, the disclosure of which
15    could result in identity theft or impression or defrauding
16    of a governmental entity or a person.
17        (ll) Records concerning the work of the threat
18    assessment team of a school district.
19    (1.5) Any information exempt from disclosure under the
20Judicial Privacy Act shall be redacted from public records
21prior to disclosure under this Act.
22    (2) A public record that is not in the possession of a
23public body but is in the possession of a party with whom the
24agency has contracted to perform a governmental function on
25behalf of the public body, and that directly relates to the
26governmental function and is not otherwise exempt under this



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1Act, shall be considered a public record of the public body,
2for purposes of this Act.
3    (3) This Section does not authorize withholding of
4information or limit the availability of records to the
5public, except as stated in this Section or otherwise provided
6in this Act.
7(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
8101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
96-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; revised
11    Section 10. The Department of Innovation and Technology
12Act is amended by adding Section 1-75 as follows:
13    (20 ILCS 1370/1-75 new)
14    Sec. 1-75. Local government cybersecurity designee. The
15principal executive officer, or his or her designee, of each
16municipality with a population of 35,000 or greater and of
17each county shall designate a local official or employee as
18the primary point of contact for local cybersecurity issues.
19Each jurisdiction must provide the name and contact
20information of the cybersecurity designee to the Department
21and update the information as necessary.
22    Section 15. The Illinois Information Security Improvement
23Act is amended by changing Section 5-25 and by adding Section



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15-30 as follows:
2    (20 ILCS 1375/5-25)
3    Sec. 5-25. Responsibilities.
4    (a) The Secretary shall:
5        (1) appoint a Statewide Chief Information Security
6    Officer pursuant to Section 5-20;
7        (2) provide the Office with the staffing and resources
8    deemed necessary by the Secretary to fulfill the
9    responsibilities of the Office;
10        (3) oversee statewide information security policies
11    and practices, including:
12            (A) directing and overseeing the development,
13        implementation, and communication of statewide
14        information security policies, standards, and
15        guidelines;
16            (B) overseeing the education of State agency
17        personnel regarding the requirement to identify and
18        provide information security protections commensurate
19        with the risk and magnitude of the harm resulting from
20        the unauthorized access, use, disclosure, disruption,
21        modification, or destruction of information in a
22        critical information system;
23            (C) overseeing the development and implementation
24        of a statewide information security risk management
25        program;



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1            (D) overseeing State agency compliance with the
2        requirements of this Section;
3            (E) coordinating Information Security policies and
4        practices with related information and personnel
5        resources management policies and procedures; and
6            (F) providing an effective and efficient process
7        to assist State agencies with complying with the
8        requirements of this Act; and .
9        (4) subject to appropriation, establish a
10    cybersecurity liaison program to advise and assist units
11    of local government in identifying cyber threats,
12    performing risk assessments, sharing best practices, and
13    responding to cyber incidents.
14    (b) The Statewide Chief Information Security Officer
16        (1) serve as the head of the Office and ensure the
17    execution of the responsibilities of the Office as set
18    forth in subsection (c) of Section 5-15, the Statewide
19    Chief Information Security Officer shall also oversee
20    State agency personnel with significant responsibilities
21    for information security and ensure a competent workforce
22    that keeps pace with the changing information security
23    environment;
24        (2) develop and recommend information security
25    policies, standards, procedures, and guidelines to the
26    Secretary for statewide adoption and monitor compliance



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1    with these policies, standards, guidelines, and procedures
2    through periodic testing;
3        (3) develop and maintain risk-based, cost-effective
4    information security programs and control techniques to
5    address all applicable security and compliance
6    requirements throughout the life cycle of State agency
7    information systems;
8        (4) establish the procedures, processes, and
9    technologies to rapidly and effectively identify threats,
10    risks, and vulnerabilities to State information systems,
11    and ensure the prioritization of the remediation of
12    vulnerabilities that pose risk to the State;
13        (5) develop and implement capabilities and procedures
14    for detecting, reporting, and responding to information
15    security incidents;
16        (6) establish and direct a statewide information
17    security risk management program to identify information
18    security risks in State agencies and deploy risk
19    mitigation strategies, processes, and procedures;
20        (7) establish the State's capability to sufficiently
21    protect the security of data through effective information
22    system security planning, secure system development,
23    acquisition, and deployment, the application of protective
24    technologies and information system certification,
25    accreditation, and assessments;
26        (8) ensure that State agency personnel, including



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1    contractors, are appropriately screened and receive
2    information security awareness training;
3        (9) convene meetings with agency heads and other State
4    officials to help ensure:
5            (A) the ongoing communication of risk and risk
6        reduction strategies,
7            (B) effective implementation of information
8        security policies and practices, and
9            (C) the incorporation of and compliance with
10        information security policies, standards, and
11        guidelines into the policies and procedures of the
12        agencies;
13        (10) provide operational and technical assistance to
14    State agencies in implementing policies, principles,
15    standards, and guidelines on information security,
16    including implementation of standards promulgated under
17    subparagraph (A) of paragraph (3) of subsection (a) of
18    this Section, and provide assistance and effective and
19    efficient means for State agencies to comply with the
20    State agency requirements under this Act;
21        (11) in coordination and consultation with the
22    Secretary and the Governor's Office of Management and
23    Budget, review State agency budget requests related to
24    Information Security systems and provide recommendations
25    to the Governor's Office of Management and Budget;
26        (12) ensure the preparation and maintenance of plans



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1    and procedures to provide cyber resilience and continuity
2    of operations for critical information systems that
3    support the operations of the State; and
4        (13) take such other actions as the Secretary may
5    direct.
6(Source: P.A. 100-611, eff. 7-20-18; 101-81, eff. 7-12-19.)
7    (20 ILCS 1375/5-30 new)
8    Sec. 5-30. Local government employee cybersecurity
9training. Every employee of a county or municipality shall
10annually complete a cybersecurity training program. The
11training shall include, but need not be limited to, detecting
12phishing scams, preventing spyware infections and identity
13theft, and preventing and responding to data breaches. The
14Department shall make available to each county and
15municipality a training program for employees that complies
16with the content requirements of this Section. A county or
17municipality may create its own cybersecurity training
19    Section 20. The Illinois Procurement Code is amended by
20adding Section 25-90 as follows:
21    (30 ILCS 500/25-90 new)
22    Sec. 25-90. Cybersecurity prohibited products. State
23agencies are prohibited from purchasing any products that, due



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1to cybersecurity risks, are prohibited for purchase by federal
2agencies pursuant to a United States Department of Homeland
3Security Binding Operational Directive.".