SB2640 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2640

 

Introduced 11/7/2023, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7

    Amends the Freedom of Information Act. Provides that administrative or technical information associated with automated data operations shall be exempt from inspection and copying, but only to the extent that disclosure would jeopardize the security of the system or its data or the security of materials exempt under the Act.


LRB103 35058 JAG 65009 b

 

 

A BILL FOR

 

SB2640LRB103 35058 JAG 65009 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
 
6    (5 ILCS 140/7)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 7. Exemptions.
9    (1) When a request is made to inspect or copy a public
10record that contains information that is exempt from
11disclosure under this Section, but also contains information
12that is not exempt from disclosure, the public body may elect
13to redact the information that is exempt. The public body
14shall make the remaining information available for inspection
15and copying. Subject to this requirement, the following shall
16be exempt from inspection and copying:
17        (a) Information specifically prohibited from
18    disclosure by federal or State law or rules and
19    regulations implementing federal or State law.
20        (b) Private information, unless disclosure is required
21    by another provision of this Act, a State or federal law,
22    or a court order.
23        (b-5) Files, documents, and other data or databases

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    number, or any other identifying information, except as
2    may be relevant to a requester's current or potential case
3    or claim.
4        (e-10) Law enforcement records of other persons
5    requested by a person committed to the Department of
6    Corrections, Department of Human Services Division of
7    Mental Health, or a county jail, including, but not
8    limited to, arrest and booking records, mug shots, and
9    crime scene photographs, except as these records may be
10    relevant to the requester's current or potential case or
11    claim.
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
19    records of officers and agencies of the General Assembly
20    that 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 commercial or financial information are
24    furnished under a claim that they are proprietary,
25    privileged, or confidential, and that disclosure of the
26    trade secrets or commercial or financial information would

 

 

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

 

 

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

 

 

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

 

 

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1    respect to internal audits of public bodies.
2        (n) Records relating to a public body's adjudication
3    of employee grievances or disciplinary cases; however,
4    this exemption shall not extend to the final outcome of
5    cases in which discipline is imposed.
6        (o) Administrative or technical information associated
7    with automated data processing operations, but only to the
8    extent that disclosure including, but not limited to,
9    software, operating protocols, computer program abstracts,
10    file layouts, source listings, object modules, load
11    modules, user guides, documentation pertaining to all
12    logical and physical design of computerized systems,
13    employee manuals, and any other information that, if
14    disclosed, would jeopardize the security of the system or
15    its data or the security of materials exempt under this
16    Section.
17        (p) Records relating to collective negotiating matters
18    between public bodies and their employees or
19    representatives, except that any final contract or
20    agreement shall be subject to inspection and copying.
21        (q) Test questions, scoring keys, and other
22    examination data used to determine the qualifications of
23    an applicant for a license or employment.
24        (r) The records, documents, and information relating
25    to real estate purchase negotiations until those
26    negotiations have been completed or otherwise terminated.

 

 

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1    With regard to a parcel involved in a pending or actually
2    and reasonably contemplated eminent domain proceeding
3    under the Eminent Domain Act, 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        (s) 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    Insurance or self-insurance self insurance (including any
14    intergovernmental risk management association or
15    self-insurance self insurance pool) claims, loss or risk
16    management information, records, data, advice, or
17    communications.
18        (t) Information contained in or related to
19    examination, operating, or condition reports prepared by,
20    on behalf of, or for the use of a public body responsible
21    for the regulation or supervision of financial
22    institutions, insurance companies, or pharmacy benefit
23    managers, unless disclosure is otherwise required by State
24    law.
25        (u) Information that would disclose or might lead to
26    the disclosure of secret or confidential information,

 

 

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1    codes, algorithms, programs, or private keys intended to
2    be used to create electronic signatures under the Uniform
3    Electronic Transactions Act.
4        (v) Vulnerability assessments, security measures, and
5    response policies or plans that are designed to identify,
6    prevent, or respond to potential attacks upon a
7    community's population or systems, facilities, or
8    installations, but only to the extent that disclosure
9    could reasonably be expected to expose the vulnerability
10    or jeopardize the effectiveness of the measures, policies,
11    or plans, or the safety of the personnel who implement
12    them or the public. Information exempt under this item may
13    include such things as details pertaining to the
14    mobilization or deployment of personnel or equipment, to
15    the operation of communication systems or protocols, to
16    cybersecurity vulnerabilities, or to tactical operations.
17        (w) (Blank).
18        (x) Maps and other records regarding the location or
19    security of generation, transmission, distribution,
20    storage, gathering, treatment, or switching facilities
21    owned by a utility, by a power generator, or by the
22    Illinois Power Agency.
23        (y) Information contained in or related to proposals,
24    bids, or negotiations related to electric power
25    procurement under Section 1-75 of the Illinois Power
26    Agency Act and Section 16-111.5 of the Public Utilities

 

 

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

 

 

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

 

 

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1    Corrections.
2        (jj) Confidential information described in Section
3    5-535 of the Civil Administrative Code of Illinois.
4        (kk) The public body's credit card numbers, debit card
5    numbers, bank account numbers, Federal Employer
6    Identification Number, security code numbers, passwords,
7    and similar account information, the disclosure of which
8    could result in identity theft or impression or defrauding
9    of a governmental entity or a person.
10        (ll) Records concerning the work of the threat
11    assessment team of a school district, including, but not
12    limited to, any threat assessment procedure under the
13    School Safety Drill Act and any information contained in
14    the procedure.
15        (mm) Information prohibited from being disclosed under
16    subsections (a) and (b) of Section 15 of the Student
17    Confidential Reporting Act.
18        (nn) (mm) Proprietary information submitted to the
19    Environmental Protection Agency under the Drug Take-Back
20    Act.
21        (oo) (mm) Records described in subsection (f) of
22    Section 3-5-1 of the Unified Code of Corrections.
23    (1.5) Any information exempt from disclosure under the
24Judicial Privacy Act shall be redacted from public records
25prior to disclosure under this Act.
26    (2) A public record that is not in the possession of a

 

 

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1public body but is in the possession of a party with whom the
2agency has contracted to perform a governmental function on
3behalf of the public body, and that directly relates to the
4governmental function and is not otherwise exempt under this
5Act, shall be considered a public record of the public body,
6for purposes of this Act.
7    (3) This Section does not authorize withholding of
8information or limit the availability of records to the
9public, except as stated in this Section or otherwise provided
10in this Act.
11(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
12101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
136-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
14eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
15102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
1612-13-22.)
 
17    (Text of Section after amendment by P.A. 102-982)
18    Sec. 7. Exemptions.
19    (1) When a request is made to inspect or copy a public
20record that contains information that is exempt from
21disclosure under this Section, but also contains information
22that is not exempt from disclosure, the public body may elect
23to redact the information that is exempt. The public body
24shall make the remaining information available for inspection
25and copying. Subject to this requirement, the following shall

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    institution or facility.
2        (e-9) Records requested by a person in a county jail
3    or committed to the Department of Corrections or
4    Department of Human Services Division of Mental Health,
5    containing personal information pertaining to the person's
6    victim or the victim's family, including, but not limited
7    to, a victim's home address, home telephone number, work
8    or school address, work telephone number, social security
9    number, or any other identifying information, except as
10    may be relevant to a requester's current or potential case
11    or claim.
12        (e-10) Law enforcement records of other persons
13    requested by a person committed to the Department of
14    Corrections, Department of Human Services Division of
15    Mental Health, or a county jail, including, but not
16    limited to, arrest and booking records, mug shots, and
17    crime scene photographs, except as these records may be
18    relevant to the requester's current or potential case or
19    claim.
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

 

 

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1    records of officers and agencies of the General Assembly
2    that 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 commercial or financial information are
6    furnished under a claim that they are proprietary,
7    privileged, or confidential, and that disclosure of the
8    trade secrets or commercial or financial information would
9    cause competitive harm to the person or business, and only
10    insofar as the claim directly applies to the records
11    requested.
12        The information included under this exemption includes
13    all trade secrets and commercial or financial information
14    obtained by a public body, including a public pension
15    fund, from a private equity fund or a privately held
16    company within the investment portfolio of a private
17    equity fund as a result of either investing or evaluating
18    a potential investment of public funds in a private equity
19    fund. The exemption contained in this item does not apply
20    to the aggregate financial performance information of a
21    private equity fund, nor to the identity of the fund's
22    managers or general partners. The exemption contained in
23    this item does not apply to the identity of a privately
24    held company within the investment portfolio of a private
25    equity fund, unless the disclosure of the identity of a
26    privately held company may cause competitive harm.

 

 

SB2640- 23 -LRB103 35058 JAG 65009 b

1        Nothing contained in this paragraph (g) shall be
2    construed to prevent a person or business from consenting
3    to disclosure.
4        (h) Proposals and bids for any contract, grant, or
5    agreement, including information which if it were
6    disclosed would frustrate procurement or give an advantage
7    to any person proposing to enter into a contractor
8    agreement with the body, until an award or final selection
9    is made. Information prepared by or for the body in
10    preparation of a bid solicitation shall be exempt until an
11    award or final selection is made.
12        (i) Valuable formulae, computer geographic systems,
13    designs, drawings, and research data obtained or produced
14    by any public body when disclosure could reasonably be
15    expected to produce private gain or public loss. The
16    exemption for "computer geographic systems" provided in
17    this paragraph (i) does not extend to requests made by
18    news media as defined in Section 2 of this Act when the
19    requested information is not otherwise exempt and the only
20    purpose of the request is to access and disseminate
21    information regarding the health, safety, welfare, or
22    legal rights of the general public.
23        (j) The following information pertaining to
24    educational matters:
25            (i) test questions, scoring keys, and other
26        examination data used to administer an academic

 

 

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

 

 

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1    under Section 2.06 of the Open Meetings Act.
2        (m) Communications between a public body and an
3    attorney or auditor representing the public body that
4    would not be subject to discovery in litigation, and
5    materials 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        (n) Records relating to a public body's adjudication
11    of employee grievances or disciplinary cases; however,
12    this exemption shall not extend to the final outcome of
13    cases in which discipline is imposed.
14        (o) Administrative or technical information associated
15    with automated data processing operations, but only to the
16    extent that disclosure including, but not limited to,
17    software, operating protocols, computer program abstracts,
18    file layouts, source listings, object modules, load
19    modules, user guides, documentation pertaining to all
20    logical and physical design of computerized systems,
21    employee manuals, and any other information that, if
22    disclosed, would jeopardize the security of the system or
23    its data or the security of materials exempt under this
24    Section.
25        (p) Records relating to collective negotiating matters
26    between public bodies and their employees or

 

 

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

 

 

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1    examination, operating, or condition reports prepared by,
2    on behalf of, or for the use of a public body responsible
3    for the regulation or supervision of financial
4    institutions, insurance companies, or pharmacy benefit
5    managers, unless disclosure is otherwise required by State
6    law.
7        (u) Information that would disclose or might lead to
8    the disclosure of secret or confidential information,
9    codes, algorithms, programs, or private keys intended to
10    be used to create electronic signatures under the Uniform
11    Electronic Transactions Act.
12        (v) Vulnerability assessments, security measures, and
13    response policies or plans that are designed to identify,
14    prevent, or respond to potential attacks upon a
15    community's population or systems, facilities, or
16    installations, but only to the extent that disclosure
17    could reasonably be expected to expose the vulnerability
18    or jeopardize the effectiveness of the measures, policies,
19    or plans, 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, to
24    cybersecurity vulnerabilities, or to tactical operations.
25        (w) (Blank).
26        (x) Maps and other records regarding the location or

 

 

SB2640- 28 -LRB103 35058 JAG 65009 b

1    security of generation, transmission, distribution,
2    storage, gathering, treatment, or switching facilities
3    owned by a utility, by a power generator, or by the
4    Illinois Power Agency.
5        (y) Information contained in or related to proposals,
6    bids, or negotiations related to electric power
7    procurement under Section 1-75 of the Illinois Power
8    Agency Act and Section 16-111.5 of the Public Utilities
9    Act that is determined to be confidential and proprietary
10    by the Illinois Power Agency or by the Illinois Commerce
11    Commission.
12        (z) Information about students exempted from
13    disclosure under Section Sections 10-20.38 or 34-18.29 of
14    the School Code, and information about undergraduate
15    students enrolled at an institution of higher education
16    exempted from disclosure under Section 25 of the Illinois
17    Credit Card Marketing Act of 2009.
18        (aa) Information the disclosure of which is exempted
19    under the Viatical Settlements Act of 2009.
20        (bb) Records and information provided to a mortality
21    review team and records maintained by a mortality review
22    team appointed under the Department of Juvenile Justice
23    Mortality Review Team Act.
24        (cc) Information regarding interments, entombments, or
25    inurnments of human remains that are submitted to the
26    Cemetery Oversight Database under the Cemetery Care Act or

 

 

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

 

 

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

 

 

SB2640- 31 -LRB103 35058 JAG 65009 b

1    Environmental Protection Agency under the Drug Take-Back
2    Act.
3        (oo) (mm) Records described in subsection (f) of
4    Section 3-5-1 of the Unified Code of Corrections.
5    (1.5) Any information exempt from disclosure under the
6Judicial Privacy Act shall be redacted from public records
7prior to disclosure under this Act.
8    (2) A public record that is not in the possession of a
9public body but is in the possession of a party with whom the
10agency has contracted to perform a governmental function on
11behalf of the public body, and that directly relates to the
12governmental function and is not otherwise exempt under this
13Act, shall be considered a public record of the public body,
14for purposes of this Act.
15    (3) This Section does not authorize withholding of
16information or limit the availability of records to the
17public, except as stated in this Section or otherwise provided
18in this Act.
19(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
20101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
216-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
22eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
23102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
246-10-22; revised 12-13-22.)
 
25    Section 95. No acceleration or delay. Where this Act makes

 

 

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.