Full Text of HB3326 103rd General Assembly
HB3326enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 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)
| 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 | 10 | | record that contains information that is exempt from | 11 | | disclosure under this Section, but also contains information | 12 | | that is not exempt from disclosure, the public body may elect | 13 | | to redact the information that is exempt. The public body | 14 | | shall make the remaining information available for inspection | 15 | | and copying. Subject to this requirement, the following shall | 16 | | be 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, including, but | 8 | | not limited to, software,
operating protocols, computer | 9 | | program abstracts, file layouts, source
listings, object | 10 | | modules, load modules, user guides, documentation
| 11 | | pertaining to all logical and physical design of | 12 | | computerized systems,
employee manuals, and any other | 13 | | information that, if disclosed, would
jeopardize the | 14 | | security of the system or its data or the security of
| 15 | | materials exempt under this Section.
| 16 | | (p) Records relating to collective negotiating matters
| 17 | | between public bodies and their employees or | 18 | | representatives, except that
any final contract or | 19 | | agreement shall be subject to inspection and copying.
| 20 | | (q) Test questions, scoring keys, and other | 21 | | examination data used to determine the qualifications of | 22 | | an applicant for a license or employment.
| 23 | | (r) The records, documents, and information relating | 24 | | to real estate
purchase negotiations until those | 25 | | negotiations have been completed or
otherwise terminated. | 26 | | With regard to a parcel involved in a pending or
actually |
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| 1 | | and reasonably contemplated eminent domain proceeding | 2 | | under the Eminent Domain Act, records, documents, and
| 3 | | information relating to that parcel shall be exempt except | 4 | | as may be
allowed under discovery rules adopted by the | 5 | | Illinois Supreme Court. The
records, documents, and | 6 | | information relating to a real estate sale shall be
exempt | 7 | | until a sale is consummated.
| 8 | | (s) Any and all proprietary information and records | 9 | | related to the
operation of an intergovernmental risk | 10 | | management association or
self-insurance pool or jointly | 11 | | self-administered health and accident
cooperative or pool.
| 12 | | Insurance or self-insurance self insurance (including any | 13 | | intergovernmental risk management association or | 14 | | self-insurance self insurance pool) claims, loss or risk | 15 | | management information, records, data, advice , or | 16 | | communications.
| 17 | | (t) Information contained in or related to | 18 | | examination, operating, or
condition reports prepared by, | 19 | | on behalf of, or for the use of a public
body responsible | 20 | | for the regulation or supervision of financial
| 21 | | institutions, insurance companies, or pharmacy benefit | 22 | | managers, unless disclosure is otherwise
required by State | 23 | | law.
| 24 | | (u) Information that would disclose
or might lead to | 25 | | the disclosure of
secret or confidential information, | 26 | | codes, algorithms, programs, or private
keys intended to |
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| 1 | | be used to create electronic signatures under the Uniform | 2 | | Electronic Transactions Act.
| 3 | | (v) Vulnerability assessments, security measures, and | 4 | | response policies
or plans that are designed to identify, | 5 | | prevent, or respond to potential
attacks upon a | 6 | | community's population or systems, facilities, or | 7 | | installations, but only to the extent that
disclosure | 8 | | could reasonably be expected to expose the vulnerability | 9 | | or jeopardize the effectiveness of the
measures, policies, | 10 | | or plans, or the safety of the personnel who implement | 11 | | them or the public.
Information exempt under this item may | 12 | | include such things as details
pertaining to the | 13 | | mobilization or deployment of personnel or equipment, to | 14 | | the
operation of communication systems or protocols, to | 15 | | cybersecurity vulnerabilities, or to tactical operations.
| 16 | | (w) (Blank). | 17 | | (x) Maps and other records regarding the location or | 18 | | security of generation, transmission, distribution, | 19 | | storage, gathering,
treatment, or switching facilities | 20 | | owned by a utility, by a power generator, or by the | 21 | | Illinois Power Agency.
| 22 | | (y) 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 | 25 | | Agency Act and Section 16-111.5 of the Public Utilities | 26 | | Act that is determined to be confidential and proprietary |
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| 1 | | by the Illinois Power Agency or by the Illinois Commerce | 2 | | Commission.
| 3 | | (z) Information about students exempted from | 4 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 5 | | the School Code, and information about undergraduate | 6 | | students enrolled at an institution of higher education | 7 | | exempted from disclosure under Section 25 of the Illinois | 8 | | Credit Card Marketing Act of 2009. | 9 | | (aa) Information the disclosure of which is
exempted | 10 | | under the Viatical Settlements Act of 2009.
| 11 | | (bb) Records and information provided to a mortality | 12 | | review team and records maintained by a mortality review | 13 | | team appointed under the Department of Juvenile Justice | 14 | | Mortality Review Team Act. | 15 | | (cc) Information regarding interments, entombments, or | 16 | | inurnments of human remains that are submitted to the | 17 | | Cemetery Oversight Database under the Cemetery Care Act or | 18 | | the Cemetery Oversight Act, whichever is applicable. | 19 | | (dd) Correspondence and records (i) that may not be | 20 | | disclosed under Section 11-9 of the Illinois Public Aid | 21 | | Code or (ii) that pertain to appeals under Section 11-8 of | 22 | | the Illinois Public Aid Code. | 23 | | (ee) The names, addresses, or other personal | 24 | | information of persons who are minors and are also | 25 | | participants and registrants in programs of park | 26 | | districts, forest preserve districts, conservation |
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| 1 | | districts, recreation agencies, and special recreation | 2 | | associations. | 3 | | (ff) The names, addresses, or other personal | 4 | | information of participants and registrants in programs of | 5 | | park districts, forest preserve districts, conservation | 6 | | districts, recreation agencies, and special recreation | 7 | | associations where such programs are targeted primarily to | 8 | | minors. | 9 | | (gg) Confidential information described in Section | 10 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 11 | | 2012. | 12 | | (hh) The report submitted to the State Board of | 13 | | Education by the School Security and Standards Task Force | 14 | | under item (8) of subsection (d) of Section 2-3.160 of the | 15 | | School Code and any information contained in that report. | 16 | | (ii) Records requested by persons committed to or | 17 | | detained by the Department of Human Services under the | 18 | | Sexually Violent Persons Commitment Act or committed to | 19 | | the Department of Corrections under the Sexually Dangerous | 20 | | Persons Act if those materials: (i) are available in the | 21 | | library of the facility where the individual is confined; | 22 | | (ii) include records from staff members' personnel files, | 23 | | staff rosters, or other staffing assignment information; | 24 | | or (iii) are available through an administrative request | 25 | | to the Department of Human Services or the Department of | 26 | | Corrections. |
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| 1 | | (jj) Confidential information described in Section | 2 | | 5-535 of the Civil Administrative Code of Illinois. | 3 | | (kk) The public body's credit card numbers, debit card | 4 | | numbers, bank account numbers, Federal Employer | 5 | | Identification Number, security code numbers, passwords, | 6 | | and similar account information, the disclosure of which | 7 | | could result in identity theft or impression or defrauding | 8 | | of a governmental entity or a person. | 9 | | (ll) Records concerning the work of the threat | 10 | | assessment team of a school district, including, but not | 11 | | limited to, any threat assessment procedure under the | 12 | | School Safety Drill Act and any information contained in | 13 | | the procedure. | 14 | | (mm) Information prohibited from being disclosed under | 15 | | subsections (a) and (b) of Section 15 of the Student | 16 | | Confidential Reporting Act. | 17 | | (nn) (mm) Proprietary information submitted to the
| 18 | | Environmental Protection Agency under the Drug Take-Back
| 19 | | Act. | 20 | | (oo) (mm) Records described in subsection (f) of | 21 | | Section 3-5-1 of the Unified Code of Corrections. | 22 | | (1.5) Any information exempt from disclosure under the | 23 | | Judicial Privacy Act shall be redacted from public records | 24 | | prior to disclosure under this Act. | 25 | | (2) A public record that is not in the possession of a | 26 | | public body but is in the possession of a party with whom the |
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| 1 | | agency has contracted to perform a governmental function on | 2 | | behalf of the public body, and that directly relates to the | 3 | | governmental function and is not otherwise exempt under this | 4 | | Act, shall be considered a public record of the public body, | 5 | | for purposes of this Act. | 6 | | (3) This Section does not authorize withholding of | 7 | | information or limit the
availability of records to the | 8 | | public, except as stated in this Section or
otherwise provided | 9 | | in this Act.
| 10 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 11 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 12 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 13 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | 14 | | 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | 15 | | 12-13-22.) | 16 | | (Text of Section after amendment by P.A. 102-982 )
| 17 | | Sec. 7. Exemptions.
| 18 | | (1) When a request is made to inspect or copy a public | 19 | | record that contains information that is exempt from | 20 | | disclosure under this Section, but also contains information | 21 | | that is not exempt from disclosure, the public body may elect | 22 | | to redact the information that is exempt. The public body | 23 | | shall make the remaining information available for inspection | 24 | | and copying. Subject to this requirement, the following shall | 25 | | be exempt from inspection and copying:
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| 1 | | (a) Information specifically prohibited from | 2 | | disclosure by federal or
State law or rules and | 3 | | regulations implementing federal or State law.
| 4 | | (b) Private information, unless disclosure is required | 5 | | by another provision of this Act, a State or federal law, | 6 | | or a court order. | 7 | | (b-5) Files, documents, and other data or databases | 8 | | maintained by one or more law enforcement agencies and | 9 | | specifically designed to provide information to one or | 10 | | more law enforcement agencies regarding the physical or | 11 | | mental status of one or more individual subjects. | 12 | | (c) Personal information contained within public | 13 | | records, the disclosure of which would constitute a | 14 | | clearly
unwarranted invasion of personal privacy, unless | 15 | | the disclosure is
consented to in writing by the | 16 | | individual subjects of the information. "Unwarranted | 17 | | invasion of personal privacy" means the disclosure of | 18 | | information that is highly personal or objectionable to a | 19 | | reasonable person and in which the subject's right to | 20 | | privacy outweighs any legitimate public interest in | 21 | | obtaining the information. The
disclosure of information | 22 | | that bears on the public duties of public
employees and | 23 | | officials shall not be considered an invasion of personal
| 24 | | privacy.
| 25 | | (d) Records in the possession of any public body | 26 | | created in the course of administrative enforcement
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| 1 | | proceedings, and any law enforcement or correctional | 2 | | agency for
law enforcement purposes,
but only to the | 3 | | extent that disclosure would:
| 4 | | (i) interfere with pending or actually and | 5 | | reasonably contemplated
law enforcement proceedings | 6 | | conducted by any law enforcement or correctional
| 7 | | agency that is the recipient of the request;
| 8 | | (ii) interfere with active administrative | 9 | | enforcement proceedings
conducted by the public body | 10 | | that is the recipient of the request;
| 11 | | (iii) create a substantial likelihood that a | 12 | | person will be deprived of a fair trial or an impartial | 13 | | hearing;
| 14 | | (iv) unavoidably disclose the identity of a | 15 | | confidential source, confidential information | 16 | | furnished only by the confidential source, or persons | 17 | | who file complaints with or provide information to | 18 | | administrative, investigative, law enforcement, or | 19 | | penal agencies; except that the identities of | 20 | | witnesses to traffic crashes, traffic crash reports, | 21 | | and rescue reports shall be provided by agencies of | 22 | | local government, except when disclosure would | 23 | | interfere with an active criminal investigation | 24 | | conducted by the agency that is the recipient of the | 25 | | request;
| 26 | | (v) disclose unique or specialized investigative |
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| 1 | | techniques other than
those generally used and known | 2 | | or disclose internal documents of
correctional | 3 | | agencies related to detection, observation , or | 4 | | investigation of
incidents of crime or misconduct, and | 5 | | disclosure would result in demonstrable harm to the | 6 | | agency or public body that is the recipient of the | 7 | | request;
| 8 | | (vi) endanger the life or physical safety of law | 9 | | enforcement personnel
or any other person; or
| 10 | | (vii) obstruct an ongoing criminal investigation | 11 | | by the agency that is the recipient of the request.
| 12 | | (d-5) A law enforcement record created for law | 13 | | enforcement purposes and contained in a shared electronic | 14 | | record management system if the law enforcement agency | 15 | | that is the recipient of the request did not create the | 16 | | record, did not participate in or have a role in any of the | 17 | | events which are the subject of the record, and only has | 18 | | access to the record through the shared electronic record | 19 | | management system. | 20 | | (d-6) Records contained in the Officer Professional | 21 | | Conduct Database under Section 9.2 of the Illinois Police | 22 | | Training Act, except to the extent authorized under that | 23 | | Section. This includes the documents supplied to the | 24 | | Illinois Law Enforcement Training Standards Board from the | 25 | | Illinois State Police and Illinois State Police Merit | 26 | | Board. |
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| 1 | | (d-7) Information gathered or records created from the | 2 | | use of automatic license plate readers in connection with | 3 | | Section 2-130 of the Illinois Vehicle Code. | 4 | | (e) Records that relate to or affect the security of | 5 | | correctional
institutions and detention facilities.
| 6 | | (e-5) Records requested by persons committed to the | 7 | | Department of Corrections, Department of Human Services | 8 | | Division of Mental Health, or a county jail if those | 9 | | materials are available in the library of the correctional | 10 | | institution or facility or jail where the inmate is | 11 | | confined. | 12 | | (e-6) Records requested by persons committed to the | 13 | | Department of Corrections, Department of Human Services | 14 | | Division of Mental Health, or a county jail if those | 15 | | materials include records from staff members' personnel | 16 | | files, staff rosters, or other staffing assignment | 17 | | information. | 18 | | (e-7) Records requested by persons committed to the | 19 | | Department of Corrections or Department of Human Services | 20 | | Division of Mental Health if those materials are available | 21 | | through an administrative request to the Department of | 22 | | Corrections or Department of Human Services Division of | 23 | | Mental Health. | 24 | | (e-8) Records requested by a person committed to the | 25 | | Department of Corrections, Department of Human Services | 26 | | Division of Mental Health, or a county jail, the |
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| 1 | | disclosure of which would result in the risk of harm to any | 2 | | person or the risk of an escape from a jail or correctional | 3 | | institution or facility. | 4 | | (e-9) Records requested by a person in a county jail | 5 | | or committed to the Department of Corrections or | 6 | | Department of Human Services Division of Mental Health, | 7 | | containing personal information pertaining to the person's | 8 | | victim or the victim's family, including, but not limited | 9 | | to, a victim's home address, home telephone number, work | 10 | | or school address, work telephone number, social security | 11 | | number, or any other identifying information, except as | 12 | | may be relevant to a requester's current or potential case | 13 | | or claim. | 14 | | (e-10) Law enforcement records of other persons | 15 | | requested by a person committed to the Department of | 16 | | Corrections, Department of Human Services Division of | 17 | | Mental Health, or a county jail, including, but not | 18 | | limited to, arrest and booking records, mug shots, and | 19 | | crime scene photographs, except as these records may be | 20 | | relevant to the requester's current or potential case or | 21 | | claim. | 22 | | (f) Preliminary drafts, notes, recommendations, | 23 | | memoranda, and other
records in which opinions are | 24 | | expressed, or policies or actions are
formulated, except | 25 | | that a specific record or relevant portion of a
record | 26 | | shall not be exempt when the record is publicly cited
and |
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| 1 | | identified by the head of the public body. The exemption | 2 | | provided in
this paragraph (f) extends to all those | 3 | | records of officers and agencies
of the General Assembly | 4 | | that pertain to the preparation of legislative
documents.
| 5 | | (g) Trade secrets and commercial or financial | 6 | | information obtained from
a person or business where the | 7 | | trade secrets or commercial or financial information are | 8 | | furnished under a claim that they are
proprietary, | 9 | | privileged, or confidential, and that disclosure of the | 10 | | trade
secrets or commercial or financial information would | 11 | | cause competitive harm to the person or business, and only | 12 | | insofar as the claim directly applies to the records | 13 | | requested. | 14 | | The information included under this exemption includes | 15 | | all trade secrets and commercial or financial information | 16 | | obtained by a public body, including a public pension | 17 | | fund, from a private equity fund or a privately held | 18 | | company within the investment portfolio of a private | 19 | | equity fund as a result of either investing or evaluating | 20 | | a potential investment of public funds in a private equity | 21 | | fund. The exemption contained in this item does not apply | 22 | | to the aggregate financial performance information of a | 23 | | private equity fund, nor to the identity of the fund's | 24 | | managers or general partners. The exemption contained in | 25 | | this item does not apply to the identity of a privately | 26 | | held company within the investment portfolio of a private |
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| 1 | | equity fund, unless the disclosure of the identity of a | 2 | | privately held company may cause competitive harm. | 3 | | Nothing contained in this
paragraph (g) shall be | 4 | | construed to prevent a person or business from
consenting | 5 | | to disclosure.
| 6 | | (h) Proposals and bids for any contract, grant, or | 7 | | agreement, including
information which if it were | 8 | | disclosed would frustrate procurement or give
an advantage | 9 | | to any person proposing to enter into a contractor | 10 | | agreement
with the body, until an award or final selection | 11 | | is made. Information
prepared by or for the body in | 12 | | preparation of a bid solicitation shall be
exempt until an | 13 | | award or final selection is made.
| 14 | | (i) Valuable formulae,
computer geographic systems,
| 15 | | designs, drawings , and research data obtained or
produced | 16 | | by any public body when disclosure could reasonably be | 17 | | expected to
produce private gain or public loss.
The | 18 | | exemption for "computer geographic systems" provided in | 19 | | this paragraph
(i) does not extend to requests made by | 20 | | news media as defined in Section 2 of
this Act when the | 21 | | requested information is not otherwise exempt and the only
| 22 | | purpose of the request is to access and disseminate | 23 | | information regarding the
health, safety, welfare, or | 24 | | legal rights of the general public.
| 25 | | (j) The following information pertaining to | 26 | | educational matters: |
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| 1 | | (i) test questions, scoring keys, and other | 2 | | examination data used to
administer an academic | 3 | | examination;
| 4 | | (ii) information received by a primary or | 5 | | secondary school, college, or university under its | 6 | | procedures for the evaluation of faculty members by | 7 | | their academic peers; | 8 | | (iii) information concerning a school or | 9 | | university's adjudication of student disciplinary | 10 | | cases, but only to the extent that disclosure would | 11 | | unavoidably reveal the identity of the student; and | 12 | | (iv) course materials or research materials used | 13 | | by faculty members. | 14 | | (k) Architects' plans, engineers' technical | 15 | | submissions, and
other
construction related technical | 16 | | documents for
projects not constructed or developed in | 17 | | whole or in part with public funds
and the same for | 18 | | projects constructed or developed with public funds, | 19 | | including, but not limited to, power generating and | 20 | | distribution stations and other transmission and | 21 | | distribution facilities, water treatment facilities, | 22 | | airport facilities, sport stadiums, convention centers, | 23 | | and all government owned, operated, or occupied buildings, | 24 | | but
only to the extent
that disclosure would compromise | 25 | | security.
| 26 | | (l) Minutes of meetings of public bodies closed to the
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| 1 | | public as provided in the Open Meetings Act until the | 2 | | public body
makes the minutes available to the public | 3 | | under Section 2.06 of the Open
Meetings Act.
| 4 | | (m) Communications between a public body and an | 5 | | attorney or auditor
representing the public body that | 6 | | would not be subject to discovery in
litigation, and | 7 | | materials prepared or compiled by or for a public body in
| 8 | | anticipation of a criminal, civil, or administrative | 9 | | proceeding upon the
request of an attorney advising the | 10 | | public body, and materials prepared or
compiled with | 11 | | respect to internal audits of public bodies.
| 12 | | (n) Records relating to a public body's adjudication | 13 | | of employee grievances or disciplinary cases; however, | 14 | | this exemption shall not extend to the final outcome of | 15 | | cases in which discipline is imposed.
| 16 | | (o) Administrative or technical information associated | 17 | | with automated
data processing operations, including, but | 18 | | not limited to, software,
operating protocols, computer | 19 | | program abstracts, file layouts, source
listings, object | 20 | | modules, load modules, user guides, documentation
| 21 | | pertaining to all logical and physical design of | 22 | | computerized systems,
employee manuals, and any other | 23 | | information that, if disclosed, would
jeopardize the | 24 | | security of the system or its data or the security of
| 25 | | materials exempt under this Section.
| 26 | | (p) Records relating to collective negotiating matters
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| 1 | | between public bodies and their employees or | 2 | | representatives, except that
any final contract or | 3 | | agreement shall be subject to inspection and copying.
| 4 | | (q) Test questions, scoring keys, and other | 5 | | examination data used to determine the qualifications of | 6 | | an applicant for a license or employment.
| 7 | | (r) The records, documents, and information relating | 8 | | to real estate
purchase negotiations until those | 9 | | negotiations have been completed or
otherwise terminated. | 10 | | With regard to a parcel involved in a pending or
actually | 11 | | and reasonably contemplated eminent domain proceeding | 12 | | under the Eminent Domain Act, records, documents, and
| 13 | | information relating to that parcel shall be exempt except | 14 | | as may be
allowed under discovery rules adopted by the | 15 | | Illinois Supreme Court. The
records, documents, and | 16 | | information relating to a real estate sale shall be
exempt | 17 | | until a sale is consummated.
| 18 | | (s) Any and all proprietary information and records | 19 | | related to the
operation of an intergovernmental risk | 20 | | management association or
self-insurance pool or jointly | 21 | | self-administered health and accident
cooperative or pool.
| 22 | | Insurance or self-insurance self insurance (including any | 23 | | intergovernmental risk management association or | 24 | | self-insurance self insurance pool) claims, loss or risk | 25 | | management information, records, data, advice , or | 26 | | communications.
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| 1 | | (t) Information contained in or related to | 2 | | examination, operating, or
condition reports prepared by, | 3 | | on behalf of, or for the use of a public
body responsible | 4 | | for the regulation or supervision of financial
| 5 | | institutions, insurance companies, or pharmacy benefit | 6 | | managers, unless disclosure is otherwise
required by State | 7 | | law.
| 8 | | (u) Information that would disclose
or might lead to | 9 | | the disclosure of
secret or confidential information, | 10 | | codes, algorithms, programs, or private
keys intended to | 11 | | be used to create electronic signatures under the Uniform | 12 | | Electronic Transactions Act.
| 13 | | (v) Vulnerability assessments, security measures, and | 14 | | response policies
or plans that are designed to identify, | 15 | | prevent, or respond to potential
attacks upon a | 16 | | community's population or systems, facilities, or | 17 | | installations, but only to the extent that
disclosure | 18 | | could reasonably be expected to expose the vulnerability | 19 | | or jeopardize the effectiveness of the
measures, policies, | 20 | | or plans, or the safety of the personnel who implement | 21 | | them or the public.
Information exempt under this item may | 22 | | include such things as details
pertaining to the | 23 | | mobilization or deployment of personnel or equipment, to | 24 | | the
operation of communication systems or protocols, to | 25 | | cybersecurity vulnerabilities, or to tactical operations.
| 26 | | (w) (Blank). |
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| 1 | | (x) Maps and other records regarding the location or | 2 | | security of generation, transmission, distribution, | 3 | | storage, gathering,
treatment, or switching facilities | 4 | | owned by a utility, by a power generator, or by the | 5 | | Illinois Power Agency.
| 6 | | (y) Information contained in or related to proposals, | 7 | | bids, or negotiations related to electric power | 8 | | procurement under Section 1-75 of the Illinois Power | 9 | | Agency Act and Section 16-111.5 of the Public Utilities | 10 | | Act that is determined to be confidential and proprietary | 11 | | by the Illinois Power Agency or by the Illinois Commerce | 12 | | Commission.
| 13 | | (z) Information about students exempted from | 14 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 15 | | the School Code, and information about undergraduate | 16 | | students enrolled at an institution of higher education | 17 | | exempted from disclosure under Section 25 of the Illinois | 18 | | Credit Card Marketing Act of 2009. | 19 | | (aa) Information the disclosure of which is
exempted | 20 | | under the Viatical Settlements Act of 2009.
| 21 | | (bb) Records and information provided to a mortality | 22 | | review team and records maintained by a mortality review | 23 | | team appointed under the Department of Juvenile Justice | 24 | | Mortality Review Team Act. | 25 | | (cc) Information regarding interments, entombments, or | 26 | | inurnments of human remains that are submitted to the |
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| 1 | | Cemetery Oversight Database under the Cemetery Care Act or | 2 | | the Cemetery Oversight Act, whichever is applicable. | 3 | | (dd) Correspondence and records (i) that may not be | 4 | | disclosed under Section 11-9 of the Illinois Public Aid | 5 | | Code or (ii) that pertain to appeals under Section 11-8 of | 6 | | the Illinois Public Aid Code. | 7 | | (ee) The names, addresses, or other personal | 8 | | information of persons who are minors and are also | 9 | | participants and registrants in programs of park | 10 | | districts, forest preserve districts, conservation | 11 | | districts, recreation agencies, and special recreation | 12 | | associations. | 13 | | (ff) The names, addresses, or other personal | 14 | | information of participants and registrants in programs of | 15 | | park districts, forest preserve districts, conservation | 16 | | districts, recreation agencies, and special recreation | 17 | | associations where such programs are targeted primarily to | 18 | | minors. | 19 | | (gg) Confidential information described in Section | 20 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 21 | | 2012. | 22 | | (hh) The report submitted to the State Board of | 23 | | Education by the School Security and Standards Task Force | 24 | | under item (8) of subsection (d) of Section 2-3.160 of the | 25 | | School Code and any information contained in that report. | 26 | | (ii) Records requested by persons committed to or |
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| 1 | | detained by the Department of Human Services under the | 2 | | Sexually Violent Persons Commitment Act or committed to | 3 | | the Department of Corrections under the Sexually Dangerous | 4 | | Persons Act if those materials: (i) are available in the | 5 | | library of the facility where the individual is confined; | 6 | | (ii) include records from staff members' personnel files, | 7 | | staff rosters, or other staffing assignment information; | 8 | | or (iii) are available through an administrative request | 9 | | to the Department of Human Services or the Department of | 10 | | Corrections. | 11 | | (jj) Confidential information described in Section | 12 | | 5-535 of the Civil Administrative Code of Illinois. | 13 | | (kk) The public body's credit card numbers, debit card | 14 | | numbers, bank account numbers, Federal Employer | 15 | | Identification Number, security code numbers, passwords, | 16 | | and similar account information, the disclosure of which | 17 | | could result in identity theft or impression or defrauding | 18 | | of a governmental entity or a person. | 19 | | (ll) Records concerning the work of the threat | 20 | | assessment team of a school district, including, but not | 21 | | limited to, any threat assessment procedure under the | 22 | | School Safety Drill Act and any information contained in | 23 | | the procedure. | 24 | | (mm) Information prohibited from being disclosed under | 25 | | subsections (a) and (b) of Section 15 of the Student | 26 | | Confidential Reporting Act. |
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| 1 | | (nn) (mm) Proprietary information submitted to the
| 2 | | Environmental Protection Agency under the Drug Take-Back
| 3 | | Act. | 4 | | (oo) (mm) Records described in subsection (f) of | 5 | | Section 3-5-1 of the Unified Code of Corrections. | 6 | | (1.5) Any information exempt from disclosure under the | 7 | | Judicial Privacy Act shall be redacted from public records | 8 | | prior to disclosure under this Act. | 9 | | (2) A public record that is not in the possession of a | 10 | | public body but is in the possession of a party with whom the | 11 | | agency has contracted to perform a governmental function on | 12 | | behalf of the public body, and that directly relates to the | 13 | | governmental function and is not otherwise exempt under this | 14 | | Act, shall be considered a public record of the public body, | 15 | | for purposes of this Act. | 16 | | (3) This Section does not authorize withholding of | 17 | | information or limit the
availability of records to the | 18 | | public, except as stated in this Section or
otherwise provided | 19 | | in this Act.
| 20 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 21 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 22 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 23 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | 24 | | 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | 25 | | 6-10-22; revised 12-13-22.) |
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| 1 | | Section 10. The Illinois Vehicle Code is amended by adding | 2 | | Section 2-130 as follows: | 3 | | (625 ILCS 5/2-130 new) | 4 | | Sec. 2-130. User of automated license plate readers; | 5 | | prohibitions. | 6 | | (a) As used in this Section: | 7 | | "Automated license plate reader" or "ALPR" means an | 8 | | electronic device that is mounted on a law enforcement vehicle | 9 | | or positioned in a stationary location and that is capable of | 10 | | recording data on or taking a photograph of a vehicle or its | 11 | | license plate and comparing the collected data and photographs | 12 | | to existing law enforcement databases for investigative | 13 | | purposes. "ALPR" includes a device that is owned or operated | 14 | | by a person or an entity other than a law enforcement agency to | 15 | | the extent that data collected by the reader is shared with a | 16 | | law enforcement agency. | 17 | | "ALPR information" means information gathered by an ALPR | 18 | | or created from the analysis of data generated by an ALPR. | 19 | | "ALPR systems" means multi-agency or vendor agreements | 20 | | that allow the sharing of ALPR information collected in | 21 | | Illinois. | 22 | | "ALPR user" means a person or entity that owns or operates | 23 | | an ALPR device. | 24 | | "Law enforcement agency" means a State or local agency, | 25 | | unit of local government, or private entity charged with the |
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| 1 | | enforcement of State, county, or municipal laws or with | 2 | | managing custody of detained persons in any state or | 3 | | jurisdiction. | 4 | | (b) An ALPR user shall not sell, share, allow access to, or | 5 | | transfer ALPR information to any state or local jurisdiction | 6 | | for the purpose of investigating or enforcing a law that: | 7 | | (1) denies or interferes with a person's right to | 8 | | choose or obtain reproductive health care services or any | 9 | | lawful health care services as defined by the Lawful | 10 | | Health Care Activity Act; or | 11 | | (2) permits the detention or investigation of a person | 12 | | based on the person's immigration status. | 13 | | (c) Any ALPR user in this State, including any law
| 14 | | enforcement agency of this State that uses ALPR systems,
shall | 15 | | not share ALPR information with an out-of-state
law | 16 | | enforcement agency without first obtaining a written
| 17 | | declaration from the out-of-state law enforcement agency
that | 18 | | it expressly affirms that ALPR information obtained
shall not | 19 | | be used in a manner that violates subsection
(b). If a written | 20 | | declaration of affirmation is not executed,
the law | 21 | | enforcement agency shall not share the ALPR
information with | 22 | | the out-of-state law enforcement agency. | 23 | | (d) ALPR information shall be held confidentially to the | 24 | | fullest extent permitted by law. | 25 | | (e) Nothing in this Act shall define or limit any rights | 26 | | under
the Reproductive Health Act.
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| 1 | | Section 97. Severability. The provisions of this Act are | 2 | | severable under Section 1.31 of the Statute on Statutes. |
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