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90_HB3273ham002
LRB9010391MWcdam01
1 AMENDMENT TO HOUSE BILL 3273
2 AMENDMENT NO. . Amend House Bill 3273 by replacing
3 the title with the following:
4 "AN ACT to amend the Freedom of Information Act."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Freedom of Information Act is amended by
8 changing Sections 6 and 7 and by adding Section 7.2 as
9 follows:
10 (5 ILCS 140/6) (from Ch. 116, par. 206)
11 Sec. 6. Authority to charge fees.
12 (a) Each public body may charge fees reasonably
13 calculated to reimburse its actual cost for reproducing and
14 certifying public records and for the use, by any person, of
15 the equipment of the public body to copy records. Such fees
16 shall exclude the costs of any search for and review of the
17 record, and shall not exceed the actual cost of reproduction
18 and certification, regardless of the format of the record,
19 unless otherwise provided by State statute. Except when
20 responding to a request that necessitates the creation of a
21 new document, "actual cost" shall be limited to direct
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1 chargeable costs related to copying or reproducing the record
2 and shall not include the cost of the labor used to copy or
3 reproduce the record. Such fees shall be imposed according
4 to a standard scale of fees, established and made public by
5 the body imposing them. Nothing in this Section shall require
6 the creation of a new document by a public body.
7 (b) Documents shall be furnished without charge or at a
8 reduced charge, as determined by the public body, if the
9 person requesting the documents states the specific purpose
10 for the request and indicates that a waiver or reduction of
11 the fee is in the public interest. Waiver or reduction of
12 the fee is in the public interest if the principal purpose of
13 the request is to access and disseminate information
14 regarding the health, safety and welfare or the legal rights
15 of the general public and is not for the principal purpose of
16 personal or commercial benefit. For purposes of this
17 subsection, "commercial benefit" shall not apply to requests
18 made by news media when the principal purpose of the request
19 is to access and disseminate information regarding the
20 health, safety, and welfare or the legal rights of the
21 general public. In setting the amount of the waiver or
22 reduction, the public body may take into consideration the
23 amount of materials requested and the cost of copying them.
24 (c) The purposeful imposition of a fee not consistent
25 with subsections (6)(a) and (b) of this Act shall be
26 considered a denial of access to public records for the
27 purposes of judicial review.
28 (d) The fee for an abstract of a driver's record shall
29 be as provided in Section 6-118 of "The Illinois Vehicle
30 Code", approved September 29, 1969, as amended.
31 (Source: P.A. 90-144, eff. 7-23-97.)
32 (5 ILCS 140/7) (from Ch. 116, par. 207)
33 Sec. 7. Exemptions.
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1 (1) The following shall be exempt from inspection and
2 copying:
3 (a) Information specifically prohibited from
4 disclosure by federal or State law or rules and
5 regulations adopted under federal or State law.
6 (b) Information that, if disclosed, would
7 constitute a clearly unwarranted invasion of personal
8 privacy, unless the disclosure is consented to in writing
9 by the individual subjects of the information. The
10 disclosure of information that bears on the public duties
11 of public employees and officials shall not be considered
12 an invasion of personal privacy. Information exempted
13 under this subsection (b) shall include but is not
14 limited to:
15 (i) files and personal information maintained
16 with respect to clients, patients, residents,
17 students or other individuals receiving social,
18 medical, educational, vocational, financial,
19 supervisory or custodial care or services directly
20 or indirectly from federal agencies or public
21 bodies;
22 (ii) personnel files and personal information
23 maintained with respect to employees, appointees or
24 elected officials of any public body or applicants
25 for those positions;
26 (iii) files and personal information
27 maintained with respect to any applicant, registrant
28 or licensee by any public body cooperating with or
29 engaged in professional or occupational
30 registration, licensure or discipline;
31 (iv) information required of any taxpayer in
32 connection with the assessment or collection of any
33 tax unless disclosure is otherwise required by State
34 statute; and
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1 (v) information revealing the identity of
2 persons who file complaints with or provide
3 information to administrative, investigative, law
4 enforcement or penal agencies; provided, however,
5 that identification of witnesses to traffic
6 accidents, traffic accident reports, and rescue
7 reports may be provided by agencies of local
8 government, except in a case for which a criminal
9 investigation is ongoing, without constituting a
10 clearly unwarranted per se invasion of personal
11 privacy under this subsection.
12 (c) Except as provided in Section 7.2 of this Act,
13 records compiled by any public body for administrative
14 enforcement proceedings and any law enforcement or
15 correctional agency for law enforcement purposes or for
16 internal matters of a public body, but only to the extent
17 that disclosure would:
18 (i) interfere with pending or actually and
19 reasonably contemplated law enforcement proceedings
20 conducted by any law enforcement or correctional
21 agency;
22 (ii) interfere with pending administrative
23 enforcement proceedings conducted by any public
24 body;
25 (iii) deprive a person of a fair trial or an
26 impartial hearing;
27 (iv) unavoidably disclose the identity of a
28 confidential source or confidential information
29 furnished only by the confidential source;
30 (v) disclose unique or specialized
31 investigative techniques other than those generally
32 used and known or disclose internal documents of
33 correctional agencies related to detection,
34 observation or investigation of incidents of crime
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1 or misconduct;
2 (vi) constitute an invasion of personal
3 privacy under subsection (b) of this Section;
4 (vii) endanger the life or physical safety of
5 law enforcement personnel or any other person; or
6 (viii) obstruct an ongoing criminal
7 investigation.
8 (d) Criminal history record information maintained
9 by State or local criminal justice agencies, except the
10 following which shall be open for public inspection and
11 copying:
12 (i) chronologically maintained arrest
13 information as defined in Section 7.2 of this Act,
14 such as traditional arrest logs or blotters;
15 (ii) the name of a person in the custody of a
16 law enforcement agency and the charges for which
17 that person is being held;
18 (iii) court records that are public;
19 (iv) records that are otherwise available
20 under State or local law; or
21 (v) records in which the requesting party is
22 the individual identified, except as provided under
23 part (vii) of paragraph (c) of subsection (1) of
24 this Section.
25 "Criminal history record information" means data
26 identifiable to an individual and consisting of
27 descriptions or notations of arrests, detentions,
28 indictments, informations, pre-trial proceedings, trials,
29 or other formal events in the criminal justice system or
30 descriptions or notations of criminal charges (including
31 criminal violations of local municipal ordinances) and
32 the nature of any disposition arising therefrom,
33 including sentencing, court or correctional supervision,
34 rehabilitation and release. The term does not apply to
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1 statistical records and reports in which individuals are
2 not identified and from which their identities are not
3 ascertainable, or to information that is for criminal
4 investigative or intelligence purposes.
5 (e) Records that relate to or affect the security
6 of correctional institutions and detention facilities.
7 (f) Preliminary drafts, notes, recommendations,
8 memoranda and other records in which opinions are
9 expressed, or policies or actions are formulated, except
10 that a specific record or relevant portion of a record
11 shall not be exempt when the record is publicly cited and
12 identified by the head of the public body. The exemption
13 provided in this paragraph (f) extends to all those
14 records of officers and agencies of the General Assembly
15 that pertain to the preparation of legislative documents.
16 (g) Trade secrets and commercial or financial
17 information obtained from a person or business where the
18 trade secrets or information are proprietary, privileged
19 or confidential, or where disclosure of the trade secrets
20 or information may cause competitive harm, including all
21 information determined to be confidential under Section
22 4002 of the Technology Advancement and Development Act.
23 Nothing contained in this paragraph (g) shall be
24 construed to prevent a person or business from consenting
25 to disclosure.
26 (h) Proposals and bids for any contract, grant, or
27 agreement, including information which if it were
28 disclosed would frustrate procurement or give an
29 advantage to any person proposing to enter into a
30 contractor agreement with the body, until an award or
31 final selection is made. Information prepared by or for
32 the body in preparation of a bid solicitation shall be
33 exempt until an award or final selection is made.
34 (i) Valuable formulae, designs, drawings and
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1 research data obtained or produced by any public body
2 when disclosure could reasonably be expected to produce
3 private gain or public loss.
4 (j) Test questions, scoring keys and other
5 examination data used to administer an academic
6 examination or determined the qualifications of an
7 applicant for a license or employment.
8 (k) Architects' plans and engineers' technical
9 submissions for projects not constructed or developed in
10 whole or in part with public funds and for projects
11 constructed or developed with public funds, to the extent
12 that disclosure would compromise security.
13 (l) Library circulation and order records
14 identifying library users with specific materials.
15 (m) Minutes of meetings of public bodies closed to
16 the public as provided in the Open Meetings Act until the
17 public body makes the minutes available to the public
18 under Section 2.06 of the Open Meetings Act.
19 (n) Communications between a public body and an
20 attorney or auditor representing the public body that
21 would not be subject to discovery in litigation, and
22 materials prepared or compiled by or for a public body in
23 anticipation of a criminal, civil or administrative
24 proceeding upon the request of an attorney advising the
25 public body, and materials prepared or compiled with
26 respect to internal audits of public bodies.
27 (o) Information received by a primary or secondary
28 school, college or university under its procedures for
29 the evaluation of faculty members by their academic
30 peers.
31 (p) Administrative or technical information
32 associated with automated data processing operations,
33 including but not limited to software, operating
34 protocols, computer program abstracts, file layouts,
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1 source listings, object modules, load modules, user
2 guides, documentation pertaining to all logical and
3 physical design of computerized systems, employee
4 manuals, and any other information that, if disclosed,
5 would jeopardize the security of the system or its data
6 or the security of materials exempt under this Section.
7 (q) Documents or materials relating to collective
8 negotiating matters between public bodies and their
9 employees or representatives, except that any final
10 contract or agreement shall be subject to inspection and
11 copying.
12 (r) Drafts, notes, recommendations and memoranda
13 pertaining to the financing and marketing transactions of
14 the public body. The records of ownership, registration,
15 transfer, and exchange of municipal debt obligations, and
16 of persons to whom payment with respect to these
17 obligations is made.
18 (s) The records, documents and information relating
19 to real estate purchase negotiations until those
20 negotiations have been completed or otherwise terminated.
21 With regard to a parcel involved in a pending or actually
22 and reasonably contemplated eminent domain proceeding
23 under Article VII of the Code of Civil Procedure,
24 records, documents and information relating to that
25 parcel shall be exempt except as may be allowed under
26 discovery rules adopted by the Illinois Supreme Court.
27 The records, documents and information relating to a real
28 estate sale shall be exempt until a sale is consummated.
29 (t) Any and all proprietary information and records
30 related to the operation of an intergovernmental risk
31 management association or self-insurance pool or jointly
32 self-administered health and accident cooperative or
33 pool.
34 (u) Information concerning a university's
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1 adjudication of student or employee grievance or
2 disciplinary cases, to the extent that disclosure would
3 reveal the identity of the student or employee and
4 information concerning any public body's adjudication of
5 student or employee grievances or disciplinary cases,
6 except for the final outcome of the cases.
7 (v) Course materials or research materials used by
8 faculty members.
9 (w) Information related solely to the internal
10 personnel rules and practices of a public body.
11 (x) Information contained in or related to
12 examination, operating, or condition reports prepared by,
13 on behalf of, or for the use of a public body responsible
14 for the regulation or supervision of financial
15 institutions or insurance companies, unless disclosure is
16 otherwise required by State law.
17 (y) Information the disclosure of which is
18 restricted under Section 5-108 of the Public Utilities
19 Act.
20 (z) Manuals or instruction to staff that relate to
21 establishment or collection of liability for any State
22 tax or that relate to investigations by a public body to
23 determine violation of any criminal law.
24 (aa) Applications, related documents, and medical
25 records received by the Experimental Organ
26 Transplantation Procedures Board and any and all
27 documents or other records prepared by the Experimental
28 Organ Transplantation Procedures Board or its staff
29 relating to applications it has received.
30 (bb) Insurance or self insurance (including any
31 intergovernmental risk management association or self
32 insurance pool) claims, loss or risk management
33 information, records, data, advice or communications.
34 (cc) Information and records held by the Department
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1 of Public Health and its authorized representatives
2 relating to known or suspected cases of sexually
3 transmissible disease or any information the disclosure
4 of which is restricted under the Illinois Sexually
5 Transmissible Disease Control Act.
6 (dd) Information the disclosure of which is
7 exempted under Section 30 of the Radon Industry Licensing
8 Act.
9 (ee) Firm performance evaluations under Section 55
10 of the Architectural, Engineering, and Land Surveying
11 Qualifications Based Selection Act.
12 (ff) Security portions of system safety program
13 plans, investigation reports, surveys, schedules, lists,
14 data, or information compiled, collected, or prepared by
15 or for the Regional Transportation Authority under
16 Section 2.11 of the Regional Transportation Authority Act
17 or the State of Missouri under the Bi-State Transit
18 Safety Act.
19 (gg) (ff) Information the disclosure of which is
20 restricted and exempted under Section 50 of the Illinois
21 Prepaid Tuition Act.
22 (2) This Section does not authorize withholding of
23 information or limit the availability of records to the
24 public, except as stated in this Section or otherwise
25 provided in this Act.
26 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
27 90-546, eff. 12-1-97; revised 12-24-97.)
28 (5 ILCS 140/7.2 new)
29 Sec. 7.2. Arrest and summons records.
30 (a) When an individual is arrested or summoned, the
31 following information shall be made available for inspection
32 and copying:
33 (1) Information that identifies the individual,
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1 including the individual's name, age, and address.
2 (2) Information detailing any charges relating to
3 an arrest or summons.
4 (3) Information relating to the circumstances of
5 the arrest or the issuance of the summons, including but
6 not limited to:
7 (A) the time and location of the arrest or the
8 issuance of the summons;
9 (B) the name of the investigating or arresting
10 officer, except the identity of an undercover
11 officer or agent; and
12 (C) the name of the investigating or arresting
13 law enforcement agency.
14 (4) Information relating to the jailing of the
15 individual or the issuance of the summons to the
16 individual, including :
17 (A) identifying information, including but not
18 limited to name, age, address, and mug shot;
19 (B) the reason for jailing or for the summons;
20 (C) the amount of any bail or bond; and
21 (D) the time and date that the individual was
22 received into, discharged from, or transferred from
23 the arresting agency's custody.
24 (b) The information required to be made public under
25 this Section shall be made available for inspection and
26 copying upon processing, but in any event not later than 72
27 hours after the arrest or the issuance of the summons, by the
28 law enforcement or correctional agency. The information
29 required under paragraphs (3) and (4) of subsection (a) of
30 this Section may be withheld if disclosure would (i)
31 interfere with pending or actually and reasonably
32 contemplated law enforcement proceedings conducted by any
33 law enforcement or correction agency; (ii) endanger the life
34 or physical safety of law enforcement or correctional
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1 personnel or any other person; or (iii) compromise the
2 security of any correctional facility.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".