Full Text of SB3695 102nd General Assembly
SB3695eng 102ND GENERAL ASSEMBLY |
| | SB3695 Engrossed | | LRB102 24260 HEP 33491 b |
|
| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 2 and 7 as follows:
| 6 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
| 7 | | Sec. 2. Definitions. As used in this Act:
| 8 | | (a) "Public body" means all legislative,
executive, | 9 | | administrative, or advisory bodies of the State, state | 10 | | universities
and colleges, counties, townships, cities, | 11 | | villages, incorporated towns,
school districts and all other | 12 | | municipal corporations,
boards, bureaus, committees, or | 13 | | commissions of this State, any
subsidiary
bodies of any of the | 14 | | foregoing including but not limited to committees and
| 15 | | subcommittees thereof, and a School Finance Authority created | 16 | | under
Article 1E of the School Code.
"Public body" does not | 17 | | include a child death review team
or the Illinois Child Death | 18 | | Review Teams
Executive Council
established under
the Child | 19 | | Death Review Team Act, or a regional youth advisory board or | 20 | | the Statewide Youth Advisory Board established under the | 21 | | Department of Children and Family Services Statewide Youth | 22 | | Advisory Board Act.
| 23 | | (b) "Person" means any individual, corporation, |
| | | SB3695 Engrossed | - 2 - | LRB102 24260 HEP 33491 b |
|
| 1 | | partnership, firm,
organization
or association, acting | 2 | | individually or as a group.
| 3 | | (c) "Public records" means all records, reports, forms, | 4 | | writings, letters,
memoranda, books, papers, maps, | 5 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 6 | | data processing records, electronic communications, recorded | 7 | | information and all other
documentary
materials pertaining to | 8 | | the transaction of public business, regardless of physical | 9 | | form or characteristics, having been
prepared by or for, or | 10 | | having been or being used by, received by, in the possession | 11 | | of, or under the
control
of
any public body. | 12 | | (c-5) "Private information" means unique identifiers, | 13 | | including a person's social security number, driver's license | 14 | | number, employee identification number, biometric identifiers, | 15 | | personal financial information, passwords or other access | 16 | | codes, medical records (including electronic medical records | 17 | | and the information contained within or extracted from an | 18 | | electronic medical records system operated or maintained by a | 19 | | Health Insurance Portability and Accountability Act (HIPAA) | 20 | | covered entity as defined at 45 CFR 160.103, including | 21 | | information that alone or compiled, or under circumstances in
| 22 | | which the patient information combined with other information
| 23 | | could allow for patient identification, in compliance with
| 24 | | State and federal medical privacy laws and regulations,
| 25 | | including, but not limited to, HIPAA and its
regulations, 45 | 26 | | CFR Parts 160 and 164) , home or personal telephone numbers, |
| | | SB3695 Engrossed | - 3 - | LRB102 24260 HEP 33491 b |
|
| 1 | | and personal email addresses. Private information also | 2 | | includes home address and personal license plates, except as | 3 | | otherwise provided by law or when compiled without possibility | 4 | | of attribution to any person. | 5 | | (c-10) "Commercial purpose" means the use of any part of a | 6 | | public record or records, or information derived from public | 7 | | records, in any form for sale, resale, or solicitation or | 8 | | advertisement for sales or services. For purposes of this | 9 | | definition, requests made by news media and non-profit, | 10 | | scientific, or academic organizations shall not be considered | 11 | | to be made for a "commercial purpose" when the principal | 12 | | purpose of the request is (i) to access and disseminate | 13 | | information concerning news and current or passing events, | 14 | | (ii) for articles of opinion or features of interest to the | 15 | | public, or (iii) for the purpose of academic, scientific, or | 16 | | public research or education.
| 17 | | (d) "Copying" means the reproduction of any public record | 18 | | by means of any
photographic, electronic, mechanical or other | 19 | | process, device or means now known or hereafter developed and | 20 | | available to the public body.
| 21 | | (e) "Head of the public body" means the president, mayor, | 22 | | chairman,
presiding
officer, director, superintendent, | 23 | | manager, supervisor or individual otherwise
holding primary | 24 | | executive and administrative authority for the public
body, or | 25 | | such person's duly authorized designee.
| 26 | | (f) "News media" means a newspaper or other periodical |
| | | SB3695 Engrossed | - 4 - | LRB102 24260 HEP 33491 b |
|
| 1 | | issued at regular
intervals whether in print or electronic | 2 | | format, a news service whether
in print or electronic format, | 3 | | a radio
station, a television station, a television network, a | 4 | | community
antenna television service, or a person or | 5 | | corporation engaged in making news
reels or other motion | 6 | | picture news for public showing.
| 7 | | (g) "Recurrent requester", as used in Section 3.2 of this | 8 | | Act, means a person that, in the 12 months immediately | 9 | | preceding the request, has submitted to the same public body | 10 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 11 | | requests for records within a 30-day period, or (iii) a | 12 | | minimum of 7 requests for records within a 7-day period. For | 13 | | purposes of this definition, requests made by news media and | 14 | | non-profit, scientific, or academic organizations shall not be | 15 | | considered in calculating the number of requests made in the | 16 | | time periods in this definition when the principal purpose of | 17 | | the requests is (i) to access and disseminate information | 18 | | concerning news and current or passing events, (ii) for | 19 | | articles of opinion or features of interest to the public, or | 20 | | (iii) for the purpose of academic, scientific, or public | 21 | | research or education. | 22 | | For the purposes of this subsection (g), "request" means a | 23 | | written document (or oral request, if the public body chooses | 24 | | to honor oral requests) that is submitted to a public body via | 25 | | personal delivery, mail, telefax, electronic mail, or other | 26 | | means available to the public body and that identifies the |
| | | SB3695 Engrossed | - 5 - | LRB102 24260 HEP 33491 b |
|
| 1 | | particular public record the requester seeks. One request may | 2 | | identify multiple records to be inspected or copied. | 3 | | (h) "Voluminous request" means a request that: (i) | 4 | | includes more than 5 individual requests for more than 5 | 5 | | different categories of records or a combination of individual | 6 | | requests that total requests for more than 5 different | 7 | | categories of records in a period of 20 business days; or (ii) | 8 | | requires the compilation of more than 500 letter or | 9 | | legal-sized pages of public records unless a single requested | 10 | | record exceeds 500 pages. "Single requested record" may | 11 | | include, but is not limited to, one report, form, e-mail, | 12 | | letter, memorandum, book, map, microfilm, tape, or recording. | 13 | | "Voluminous request" does not include a request made by | 14 | | news media and non-profit, scientific, or academic | 15 | | organizations if the principal purpose of the request is: (1) | 16 | | to access and disseminate information concerning news and | 17 | | current or passing events; (2) for articles of opinion or | 18 | | features of interest to the public; or (3) for the purpose of | 19 | | academic, scientific, or public research or education. | 20 | | For the purposes of this subsection (h), "request" means a | 21 | | written document, or oral request, if the public body chooses | 22 | | to honor oral requests, that is submitted to a public body via | 23 | | personal delivery, mail, telefax, electronic mail, or other | 24 | | means available to the public body and that identifies the | 25 | | particular public record or records the requester seeks. One | 26 | | request may identify multiple individual records to be |
| | | SB3695 Engrossed | - 6 - | LRB102 24260 HEP 33491 b |
|
| 1 | | inspected or copied. | 2 | | (i) "Severance agreement" means a mutual agreement between | 3 | | any public body and its employee for the employee's | 4 | | resignation in exchange for payment by the public body. | 5 | | (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; | 6 | | 99-78, eff. 7-20-15; 99-478, eff. 6-1-16 .)
| 7 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 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 or | 22 | | a court order. | 23 | | (b-5) Files, documents, and other data or databases | 24 | | maintained by one or more law enforcement agencies and | 25 | | specifically designed to provide information to one or |
| | | SB3695 Engrossed | - 7 - | LRB102 24260 HEP 33491 b |
|
| 1 | | more law enforcement agencies regarding the physical or | 2 | | mental status of one or more individual subjects. | 3 | | (c) Personal information contained within public | 4 | | records, the disclosure of which would constitute a | 5 | | clearly
unwarranted invasion of personal privacy, unless | 6 | | the disclosure is
consented to in writing by the | 7 | | individual subjects of the information. "Unwarranted | 8 | | invasion of personal privacy" means the disclosure of | 9 | | information that is highly personal or objectionable to a | 10 | | reasonable person and in which the subject's right to | 11 | | privacy outweighs any legitimate public interest in | 12 | | obtaining the information. The
disclosure of information | 13 | | that bears on the public duties of public
employees and | 14 | | officials shall not be considered an invasion of personal
| 15 | | privacy.
| 16 | | (d) Records in the possession of any public body | 17 | | created in the course of administrative enforcement
| 18 | | proceedings, and any law enforcement or correctional | 19 | | agency for
law enforcement purposes,
but only to the | 20 | | extent that disclosure would:
| 21 | | (i) interfere with pending or actually and | 22 | | reasonably contemplated
law enforcement proceedings | 23 | | conducted by any law enforcement or correctional
| 24 | | agency that is the recipient of the request;
| 25 | | (ii) interfere with active administrative | 26 | | enforcement proceedings
conducted by the public body |
| | | SB3695 Engrossed | - 8 - | LRB102 24260 HEP 33491 b |
|
| 1 | | that is the recipient of the request;
| 2 | | (iii) create a substantial likelihood that a | 3 | | person will be deprived of a fair trial or an impartial | 4 | | hearing;
| 5 | | (iv) unavoidably disclose the identity of a | 6 | | confidential source, confidential information | 7 | | furnished only by the confidential source, or persons | 8 | | who file complaints with or provide information to | 9 | | administrative, investigative, law enforcement, or | 10 | | penal agencies; except that the identities of | 11 | | witnesses to traffic accidents, traffic accident | 12 | | reports, and rescue reports shall be provided by | 13 | | agencies of local government, except when disclosure | 14 | | would interfere with an active criminal investigation | 15 | | conducted by the agency that is the recipient of the | 16 | | request;
| 17 | | (v) disclose unique or specialized investigative | 18 | | techniques other than
those generally used and known | 19 | | or disclose internal documents of
correctional | 20 | | agencies related to detection, observation or | 21 | | investigation of
incidents of crime or misconduct, and | 22 | | disclosure would result in demonstrable harm to the | 23 | | agency or public body that is the recipient of the | 24 | | request;
| 25 | | (vi) endanger the life or physical safety of law | 26 | | enforcement personnel
or any other person; or
|
| | | SB3695 Engrossed | - 9 - | LRB102 24260 HEP 33491 b |
|
| 1 | | (vii) obstruct an ongoing criminal investigation | 2 | | by the agency that is the recipient of the request.
| 3 | | (d-5) A law enforcement record created for law | 4 | | enforcement purposes and contained in a shared electronic | 5 | | record management system if the law enforcement agency | 6 | | that is the recipient of the request did not create the | 7 | | record, did not participate in or have a role in any of the | 8 | | events which are the subject of the record, and only has | 9 | | access to the record through the shared electronic record | 10 | | management system. | 11 | | (d-6) Records contained in the Officer Professional | 12 | | Conduct Database under Section 9.2 9.4 of the Illinois | 13 | | Police Training Act, except to the extent authorized under | 14 | | that Section. This includes the documents supplied to the | 15 | | Illinois Law Enforcement Training Standards Board from the | 16 | | Illinois State Police and Illinois State Police Merit | 17 | | Board. | 18 | | (e) Records that relate to or affect the security of | 19 | | correctional
institutions and detention facilities.
| 20 | | (e-5) Records requested by persons committed to the | 21 | | Department of Corrections, Department of Human Services | 22 | | Division of Mental Health, or a county jail if those | 23 | | materials are available in the library of the correctional | 24 | | institution or facility or jail where the inmate is | 25 | | confined. | 26 | | (e-6) Records requested by persons committed to the |
| | | SB3695 Engrossed | - 10 - | LRB102 24260 HEP 33491 b |
|
| 1 | | Department of Corrections, Department of Human Services | 2 | | Division of Mental Health, or a county jail if those | 3 | | materials include records from staff members' personnel | 4 | | files, staff rosters, or other staffing assignment | 5 | | information. | 6 | | (e-7) Records requested by persons committed to the | 7 | | Department of Corrections or Department of Human Services | 8 | | Division of Mental Health if those materials are available | 9 | | through an administrative request to the Department of | 10 | | Corrections or Department of Human Services Division of | 11 | | Mental Health. | 12 | | (e-8) Records requested by a person committed to the | 13 | | Department of Corrections, Department of Human Services | 14 | | Division of Mental Health, or a county jail, the | 15 | | disclosure of which would result in the risk of harm to any | 16 | | person or the risk of an escape from a jail or correctional | 17 | | institution or facility. | 18 | | (e-9) Records requested by a person in a county jail | 19 | | or committed to the Department of Corrections or | 20 | | Department of Human Services Division of Mental Health, | 21 | | containing personal information pertaining to the person's | 22 | | victim or the victim's family, including, but not limited | 23 | | to, a victim's home address, home telephone number, work | 24 | | or school address, work telephone number, social security | 25 | | number, or any other identifying information, except as | 26 | | may be relevant to a requester's current or potential case |
| | | SB3695 Engrossed | - 11 - | LRB102 24260 HEP 33491 b |
|
| 1 | | or claim. | 2 | | (e-10) Law enforcement records of other persons | 3 | | requested by a person committed to the Department of | 4 | | Corrections, Department of Human Services Division of | 5 | | Mental Health, or a county jail, including, but not | 6 | | limited to, arrest and booking records, mug shots, and | 7 | | crime scene photographs, except as these records may be | 8 | | relevant to the requester's current or potential case or | 9 | | claim. | 10 | | (f) Preliminary drafts, notes, recommendations, | 11 | | memoranda and other
records in which opinions are | 12 | | expressed, or policies or actions are
formulated, except | 13 | | that a specific record or relevant portion of a
record | 14 | | shall not be exempt when the record is publicly cited
and | 15 | | identified by the head of the public body. The exemption | 16 | | provided in
this paragraph (f) extends to all those | 17 | | records of officers and agencies
of the General Assembly | 18 | | that pertain to the preparation of legislative
documents.
| 19 | | (g) Trade secrets and commercial or financial | 20 | | information obtained from
a person or business where the | 21 | | trade secrets or commercial or financial information are | 22 | | furnished under a claim that they are
proprietary, | 23 | | privileged, or confidential, and that disclosure of the | 24 | | trade
secrets or commercial or financial information would | 25 | | cause competitive harm to the person or business, and only | 26 | | insofar as the claim directly applies to the records |
| | | SB3695 Engrossed | - 12 - | LRB102 24260 HEP 33491 b |
|
| 1 | | requested. | 2 | | The information included under this exemption includes | 3 | | all trade secrets and commercial or financial information | 4 | | obtained by a public body, including a public pension | 5 | | fund, from a private equity fund or a privately held | 6 | | company within the investment portfolio of a private | 7 | | equity fund as a result of either investing or evaluating | 8 | | a potential investment of public funds in a private equity | 9 | | fund. The exemption contained in this item does not apply | 10 | | to the aggregate financial performance information of a | 11 | | private equity fund, nor to the identity of the fund's | 12 | | managers or general partners. The exemption contained in | 13 | | this item does not apply to the identity of a privately | 14 | | held company within the investment portfolio of a private | 15 | | equity fund, unless the disclosure of the identity of a | 16 | | privately held company may cause competitive harm. | 17 | | Nothing contained in this
paragraph (g) shall be | 18 | | construed to prevent a person or business from
consenting | 19 | | to disclosure.
| 20 | | (h) Proposals and bids for any contract, grant, or | 21 | | agreement, including
information which if it were | 22 | | disclosed would frustrate procurement or give
an advantage | 23 | | to any person proposing to enter into a contractor | 24 | | agreement
with the body, until an award or final selection | 25 | | is made. Information
prepared by or for the body in | 26 | | preparation of a bid solicitation shall be
exempt until an |
| | | SB3695 Engrossed | - 13 - | LRB102 24260 HEP 33491 b |
|
| 1 | | award or final selection is made.
| 2 | | (i) Valuable formulae,
computer geographic systems,
| 3 | | designs, drawings and research data obtained or
produced | 4 | | by any public body when disclosure could reasonably be | 5 | | expected to
produce private gain or public loss.
The | 6 | | exemption for "computer geographic systems" provided in | 7 | | this paragraph
(i) does not extend to requests made by | 8 | | news media as defined in Section 2 of
this Act when the | 9 | | requested information is not otherwise exempt and the only
| 10 | | purpose of the request is to access and disseminate | 11 | | information regarding the
health, safety, welfare, or | 12 | | legal rights of the general public.
| 13 | | (j) The following information pertaining to | 14 | | educational matters: | 15 | | (i) test questions, scoring keys and other | 16 | | examination data used to
administer an academic | 17 | | examination;
| 18 | | (ii) information received by a primary or | 19 | | secondary school, college, or university under its | 20 | | procedures for the evaluation of faculty members by | 21 | | their academic peers; | 22 | | (iii) information concerning a school or | 23 | | university's adjudication of student disciplinary | 24 | | cases, but only to the extent that disclosure would | 25 | | unavoidably reveal the identity of the student; and | 26 | | (iv) course materials or research materials used |
| | | SB3695 Engrossed | - 14 - | LRB102 24260 HEP 33491 b |
|
| 1 | | by faculty members. | 2 | | (k) Architects' plans, engineers' technical | 3 | | submissions, and
other
construction related technical | 4 | | documents for
projects not constructed or developed in | 5 | | whole or in part with public funds
and the same for | 6 | | projects constructed or developed with public funds, | 7 | | including, but not limited to, power generating and | 8 | | distribution stations and other transmission and | 9 | | distribution facilities, water treatment facilities, | 10 | | airport facilities, sport stadiums, convention centers, | 11 | | and all government owned, operated, or occupied buildings, | 12 | | but
only to the extent
that disclosure would compromise | 13 | | security.
| 14 | | (l) Minutes of meetings of public bodies closed to the
| 15 | | public as provided in the Open Meetings Act until the | 16 | | public body
makes the minutes available to the public | 17 | | under Section 2.06 of the Open
Meetings Act.
| 18 | | (m) Communications between a public body and an | 19 | | attorney or auditor
representing the public body that | 20 | | would not be subject to discovery in
litigation, and | 21 | | materials prepared or compiled by or for a public body in
| 22 | | anticipation of a criminal, civil, or administrative | 23 | | proceeding upon the
request of an attorney advising the | 24 | | public body, and materials prepared or
compiled with | 25 | | respect to internal audits of public bodies.
| 26 | | (n) Records relating to a public body's adjudication |
| | | SB3695 Engrossed | - 15 - | LRB102 24260 HEP 33491 b |
|
| 1 | | of employee grievances or disciplinary cases; however, | 2 | | this exemption shall not extend to the final outcome of | 3 | | cases in which discipline is imposed.
| 4 | | (o) Administrative or technical information associated | 5 | | with automated
data processing operations, including, but | 6 | | not limited to, software,
operating protocols, computer | 7 | | program abstracts, file layouts, source
listings, object | 8 | | modules, load modules, user guides, documentation
| 9 | | pertaining to all logical and physical design of | 10 | | computerized systems,
employee manuals, and any other | 11 | | information that, if disclosed, would
jeopardize the | 12 | | security of the system or its data or the security of
| 13 | | materials exempt under this Section.
| 14 | | (p) Records relating to collective negotiating matters
| 15 | | between public bodies and their employees or | 16 | | representatives, except that
any final contract or | 17 | | agreement shall be subject to inspection and copying.
| 18 | | (q) Test questions, scoring keys, and other | 19 | | examination data used to determine the qualifications of | 20 | | an applicant for a license or employment.
| 21 | | (r) The records, documents, and information relating | 22 | | to real estate
purchase negotiations until those | 23 | | negotiations have been completed or
otherwise terminated. | 24 | | With regard to a parcel involved in a pending or
actually | 25 | | and reasonably contemplated eminent domain proceeding | 26 | | under the Eminent Domain Act, records, documents, and
|
| | | SB3695 Engrossed | - 16 - | LRB102 24260 HEP 33491 b |
|
| 1 | | information relating to that parcel shall be exempt except | 2 | | as may be
allowed under discovery rules adopted by the | 3 | | Illinois Supreme Court. The
records, documents, and | 4 | | information relating to a real estate sale shall be
exempt | 5 | | until a sale is consummated.
| 6 | | (s) Any and all proprietary information and records | 7 | | related to the
operation of an intergovernmental risk | 8 | | management association or
self-insurance pool or jointly | 9 | | self-administered health and accident
cooperative or pool.
| 10 | | Insurance or self insurance (including any | 11 | | intergovernmental risk management association or self | 12 | | insurance pool) claims, loss or risk management | 13 | | information, records, data, advice or communications.
| 14 | | (t) Information contained in or related to | 15 | | examination, operating, or
condition reports prepared by, | 16 | | on behalf of, or for the use of a public
body responsible | 17 | | for the regulation or supervision of financial
| 18 | | institutions, insurance companies, or pharmacy benefit | 19 | | managers, unless disclosure is otherwise
required by State | 20 | | law.
| 21 | | (u) Information that would disclose
or might lead to | 22 | | the disclosure of
secret or confidential information, | 23 | | codes, algorithms, programs, or private
keys intended to | 24 | | be used to create electronic signatures under the Uniform | 25 | | Electronic Transactions Act.
| 26 | | (v) Vulnerability assessments, security measures, and |
| | | SB3695 Engrossed | - 17 - | LRB102 24260 HEP 33491 b |
|
| 1 | | response policies
or plans that are designed to identify, | 2 | | prevent, or respond to potential
attacks upon a | 3 | | community's population or systems, facilities, or | 4 | | installations,
the destruction or contamination of which | 5 | | would constitute a clear and present
danger to the health | 6 | | or safety of the community, but only to the extent that
| 7 | | disclosure could reasonably be expected to jeopardize the | 8 | | effectiveness of the
measures or the safety of the | 9 | | personnel who implement them or the public.
Information | 10 | | exempt under this item may include such things as details
| 11 | | pertaining to the mobilization or deployment of personnel | 12 | | or equipment, to the
operation of communication systems or | 13 | | protocols, or to tactical operations.
| 14 | | (w) (Blank). | 15 | | (x) Maps and other records regarding the location or | 16 | | security of generation, transmission, distribution, | 17 | | storage, gathering,
treatment, or switching facilities | 18 | | owned by a utility, by a power generator, or by the | 19 | | Illinois Power Agency.
| 20 | | (y) Information contained in or related to proposals, | 21 | | bids, or negotiations related to electric power | 22 | | procurement under Section 1-75 of the Illinois Power | 23 | | Agency Act and Section 16-111.5 of the Public Utilities | 24 | | Act that is determined to be confidential and proprietary | 25 | | by the Illinois Power Agency or by the Illinois Commerce | 26 | | Commission.
|
| | | SB3695 Engrossed | - 18 - | LRB102 24260 HEP 33491 b |
|
| 1 | | (z) Information about students exempted from | 2 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 3 | | School Code, and information about undergraduate students | 4 | | enrolled at an institution of higher education exempted | 5 | | from disclosure under Section 25 of the Illinois Credit | 6 | | Card Marketing Act of 2009. | 7 | | (aa) Information the disclosure of which is
exempted | 8 | | under the Viatical Settlements Act of 2009.
| 9 | | (bb) Records and information provided to a mortality | 10 | | review team and records maintained by a mortality review | 11 | | team appointed under the Department of Juvenile Justice | 12 | | Mortality Review Team Act. | 13 | | (cc) Information regarding interments, entombments, or | 14 | | inurnments of human remains that are submitted to the | 15 | | Cemetery Oversight Database under the Cemetery Care Act or | 16 | | the Cemetery Oversight Act, whichever is applicable. | 17 | | (dd) Correspondence and records (i) that may not be | 18 | | disclosed under Section 11-9 of the Illinois Public Aid | 19 | | Code or (ii) that pertain to appeals under Section 11-8 of | 20 | | the Illinois Public Aid Code. | 21 | | (ee) The names, addresses, or other personal | 22 | | information of persons who are minors and are also | 23 | | participants and registrants in programs of park | 24 | | districts, forest preserve districts, conservation | 25 | | districts, recreation agencies, and special recreation | 26 | | associations. |
| | | SB3695 Engrossed | - 19 - | LRB102 24260 HEP 33491 b |
|
| 1 | | (ff) The names, addresses, or other personal | 2 | | information of participants and registrants in programs of | 3 | | park districts, forest preserve districts, conservation | 4 | | districts, recreation agencies, and special recreation | 5 | | associations where such programs are targeted primarily to | 6 | | minors. | 7 | | (gg) Confidential information described in Section | 8 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 9 | | 2012. | 10 | | (hh) The report submitted to the State Board of | 11 | | Education by the School Security and Standards Task Force | 12 | | under item (8) of subsection (d) of Section 2-3.160 of the | 13 | | School Code and any information contained in that report. | 14 | | (ii) Records requested by persons committed to or | 15 | | detained by the Department of Human Services under the | 16 | | Sexually Violent Persons Commitment Act or committed to | 17 | | the Department of Corrections under the Sexually Dangerous | 18 | | Persons Act if those materials: (i) are available in the | 19 | | library of the facility where the individual is confined; | 20 | | (ii) include records from staff members' personnel files, | 21 | | staff rosters, or other staffing assignment information; | 22 | | or (iii) are available through an administrative request | 23 | | to the Department of Human Services or the Department of | 24 | | Corrections. | 25 | | (jj) Confidential information described in Section | 26 | | 5-535 of the Civil Administrative Code of Illinois. |
| | | SB3695 Engrossed | - 20 - | LRB102 24260 HEP 33491 b |
|
| 1 | | (kk) The public body's credit card numbers, debit card | 2 | | numbers, bank account numbers, Federal Employer | 3 | | Identification Number, security code numbers, passwords, | 4 | | and similar account information, the disclosure of which | 5 | | could result in identity theft or impression or defrauding | 6 | | of a governmental entity or a person. | 7 | | (ll) Records concerning the work of the threat | 8 | | assessment team of a school district. | 9 | | (mm) All protected health information as defined by 45 | 10 | | CFR 16.103 that may be
contained within or extracted from | 11 | | any record held by a covered entity as defined by 45 CFR | 12 | | 160.103, including information that alone
or compiled, or | 13 | | under circumstances in which the patient
information | 14 | | combined with other information could allow
for patient | 15 | | identification, in compliance with HIPAA. | 16 | | (1.5) Any information exempt from disclosure under the | 17 | | Judicial Privacy Act shall be redacted from public records | 18 | | prior to disclosure under this Act. | 19 | | (2) A public record that is not in the possession of a | 20 | | public body but is in the possession of a party with whom the | 21 | | agency has contracted to perform a governmental function on | 22 | | behalf of the public body, and that directly relates to the | 23 | | governmental function and is not otherwise exempt under this | 24 | | Act, shall be considered a public record of the public body, | 25 | | for purposes of this Act. | 26 | | (3) This Section does not authorize withholding of |
| | | SB3695 Engrossed | - 21 - | LRB102 24260 HEP 33491 b |
|
| 1 | | information or limit the
availability of records to the | 2 | | public, except as stated in this Section or
otherwise provided | 3 | | in this Act.
| 4 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 5 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 6 | | 6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
|
|