Public Act 93-0237

HB1425 Enrolled                      LRB093 07839 BDD 08028 b

    AN ACT concerning the freedom of information.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Freedom of Information Act is amended by
changing Section 7 as follows:

    (5 ILCS 140/7) (from Ch. 116, par. 207)
    Sec. 7.  Exemptions.
    (1)  The following shall be exempt  from  inspection  and
copying:
         (a)  Information    specifically   prohibited   from
    disclosure  by  federal  or  State  law  or   rules   and
    regulations adopted under federal or State law.
         (b)  Information    that,    if   disclosed,   would
    constitute a clearly  unwarranted  invasion  of  personal
    privacy, unless the disclosure is consented to in writing
    by  the  individual  subjects  of  the  information.  The
    disclosure of information that bears on the public duties
    of public employees and officials shall not be considered
    an invasion of personal  privacy.   Information  exempted
    under  this  subsection  (b)  shall  include  but  is not
    limited to:
              (i)  files and personal information  maintained
         with   respect   to  clients,  patients,  residents,
         students  or  other  individuals  receiving  social,
         medical,   educational,    vocational,    financial,
         supervisory  or  custodial care or services directly
         or  indirectly  from  federal  agencies  or   public
         bodies;
              (ii)  personnel  files and personal information
         maintained with respect to employees, appointees  or
         elected  officials  of any public body or applicants
         for those positions;
              (iii)  files    and    personal     information
         maintained with respect to any applicant, registrant
         or  licensee  by any public body cooperating with or
         engaged    in    professional    or     occupational
         registration, licensure or discipline;
              (iv)  information  required  of any taxpayer in
         connection with the assessment or collection of  any
         tax unless disclosure is otherwise required by State
         statute; and
              (v)  information   revealing  the  identity  of
         persons  who  file  complaints   with   or   provide
         information  to  administrative,  investigative, law
         enforcement or penal  agencies;  provided,  however,
         that   identification   of   witnesses   to  traffic
         accidents,  traffic  accident  reports,  and  rescue
         reports  may  be  provided  by  agencies  of   local
         government,  except  in  a case for which a criminal
         investigation is  ongoing,  without  constituting  a
         clearly  unwarranted   per  se  invasion of personal
         privacy under this subsection; and
              (vi)  the names, addresses, or  other  personal
         information  of participants and registrants in park
         district, forest preserve district, and conservation
         district programs.
         (c)  Records  compiled  by  any  public   body   for
    administrative   enforcement   proceedings  and  any  law
    enforcement or correctional agency  for  law  enforcement
    purposes  or  for  internal matters of a public body, but
    only to the extent that disclosure would:
              (i)  interfere with  pending  or  actually  and
         reasonably  contemplated law enforcement proceedings
         conducted by any  law  enforcement  or  correctional
         agency;
              (ii)  interfere   with  pending  administrative
         enforcement  proceedings  conducted  by  any  public
         body;
              (iii)  deprive a person of a fair trial  or  an
         impartial hearing;
              (iv)  unavoidably  disclose  the  identity of a
         confidential  source  or  confidential   information
         furnished only by the confidential source;
              (v)  disclose     unique     or     specialized
         investigative  techniques other than those generally
         used and known or  disclose  internal  documents  of
         correctional    agencies   related   to   detection,
         observation or investigation of incidents  of  crime
         or misconduct;
              (vi)  constitute   an   invasion   of  personal
         privacy under subsection (b) of this Section;
              (vii)  endanger the life or physical safety  of
         law enforcement personnel or any other person; or
              (viii)  obstruct     an     ongoing    criminal
         investigation.
         (d)  Criminal history record information  maintained
    by  State  or local criminal justice agencies, except the
    following which shall be open for public  inspection  and
    copying:
              (i)  chronologically      maintained     arrest
         information, such  as  traditional  arrest  logs  or
         blotters;
              (ii)  the  name of a person in the custody of a
         law enforcement agency and  the  charges  for  which
         that person is being held;
              (iii)  court records that are public;
              (iv)  records   that  are  otherwise  available
         under State or local law; or
              (v)  records in which the requesting  party  is
         the  individual identified, except as provided under
         part (vii) of paragraph (c)  of  subsection  (1)  of
         this Section.
         "Criminal  history  record  information"  means data
    identifiable  to  an   individual   and   consisting   of
    descriptions   or   notations   of  arrests,  detentions,
    indictments, informations, pre-trial proceedings, trials,
    or other formal events in the criminal justice system  or
    descriptions  or notations of criminal charges (including
    criminal violations of local  municipal  ordinances)  and
    the   nature   of   any  disposition  arising  therefrom,
    including sentencing, court or correctional  supervision,
    rehabilitation  and  release.  The term does not apply to
    statistical records and reports in which individuals  are
    not  identified  and  from which their identities are not
    ascertainable, or to information  that  is  for  criminal
    investigative or intelligence purposes.
         (e)  Records  that  relate to or affect the security
    of correctional institutions and detention facilities.
         (f)  Preliminary  drafts,  notes,   recommendations,
    memoranda   and  other  records  in  which  opinions  are
    expressed, or policies or actions are formulated,  except
    that  a  specific  record or relevant portion of a record
    shall not be exempt when the record is publicly cited and
    identified by the head of the public body. The  exemption
    provided  in  this  paragraph  (f)  extends  to all those
    records of officers and agencies of the General  Assembly
    that pertain to the preparation of legislative documents.
         (g)  Trade   secrets  and  commercial  or  financial
    information obtained from a person or business where  the
    trade  secrets or information are proprietary, privileged
    or confidential, or where disclosure of the trade secrets
    or information may cause competitive harm, including  all
    information  determined  to be confidential under Section
    4002 of the Technology Advancement and  Development  Act.
    Nothing   contained   in  this  paragraph  (g)  shall  be
    construed to prevent a person or business from consenting
    to disclosure.
         (h)  Proposals and bids for any contract, grant,  or
    agreement,   including   information  which  if  it  were
    disclosed  would  frustrate  procurement   or   give   an
    advantage  to  any  person  proposing  to  enter  into  a
    contractor  agreement  with  the  body, until an award or
    final selection is made.  Information prepared by or  for
    the  body  in  preparation of a bid solicitation shall be
    exempt until an award or final selection is made.
         (i)  Valuable formulae, computer geographic systems,
    designs, drawings and research data obtained or  produced
    by  any  public  body when disclosure could reasonably be
    expected to produce private gain or public loss.
         (j)  Test  questions,   scoring   keys   and   other
    examination   data   used   to   administer  an  academic
    examination  or  determined  the  qualifications  of   an
    applicant for a license or employment.
         (k)  Architects'   plans  and  engineers'  technical
    submissions for projects not constructed or developed  in
    whole  or  in  part  with  public  funds and for projects
    constructed or developed with public funds, to the extent
    that disclosure would compromise security.
         (l)  Library   circulation   and    order    records
    identifying library users with specific materials.
         (m)  Minutes  of meetings of public bodies closed to
    the public as provided in the Open Meetings Act until the
    public body makes the minutes  available  to  the  public
    under Section 2.06 of the Open Meetings Act.
         (n)  Communications  between  a  public  body and an
    attorney or auditor representing  the  public  body  that
    would  not  be  subject  to  discovery in litigation, and
    materials prepared or compiled by or for a public body in
    anticipation  of  a  criminal,  civil  or  administrative
    proceeding upon the request of an attorney  advising  the
    public  body,  and  materials  prepared  or compiled with
    respect to internal audits of public bodies.
         (o)  Information received by a primary or  secondary
    school,  college  or  university under its procedures for
    the evaluation  of  faculty  members  by  their  academic
    peers.
         (p)  Administrative    or    technical   information
    associated with  automated  data  processing  operations,
    including   but   not   limited  to  software,  operating
    protocols,  computer  program  abstracts,  file  layouts,
    source  listings,  object  modules,  load  modules,  user
    guides,  documentation  pertaining  to  all  logical  and
    physical  design  of   computerized   systems,   employee
    manuals,  and  any  other information that, if disclosed,
    would jeopardize the security of the system or  its  data
    or the security of materials exempt under this Section.
         (q)  Documents  or  materials relating to collective
    negotiating  matters  between  public  bodies  and  their
    employees  or  representatives,  except  that  any  final
    contract or agreement shall be subject to inspection  and
    copying.
         (r)  Drafts,  notes,  recommendations  and memoranda
    pertaining to the financing and marketing transactions of
    the public body. The records of ownership,  registration,
    transfer, and exchange of municipal debt obligations, and
    of   persons  to  whom  payment  with  respect  to  these
    obligations is made.
         (s)  The records, documents and information relating
    to  real  estate  purchase   negotiations   until   those
    negotiations have been completed or otherwise terminated.
    With regard to a parcel involved in a pending or actually
    and  reasonably  contemplated  eminent  domain proceeding
    under  Article  VII  of  the  Code  of  Civil  Procedure,
    records,  documents  and  information  relating  to  that
    parcel shall be exempt except as  may  be  allowed  under
    discovery  rules  adopted  by the Illinois Supreme Court.
    The records, documents and information relating to a real
    estate sale shall be exempt until a sale is consummated.
         (t)  Any and all proprietary information and records
    related to the operation  of  an  intergovernmental  risk
    management  association or self-insurance pool or jointly
    self-administered  health  and  accident  cooperative  or
    pool.
         (u)  Information    concerning    a     university's
    adjudication   of   student   or  employee  grievance  or
    disciplinary cases, to the extent that  disclosure  would
    reveal  the  identity  of  the  student  or  employee and
    information concerning any public body's adjudication  of
    student  or  employee  grievances  or disciplinary cases,
    except for the final outcome of the cases.
         (v)  Course materials or research materials used  by
    faculty members.
         (w)  Information  related  solely  to  the  internal
    personnel rules and practices of a public body.
         (x)  Information   contained   in   or   related  to
    examination, operating, or condition reports prepared by,
    on behalf of, or for the use of a public body responsible
    for  the   regulation   or   supervision   of   financial
    institutions or insurance companies, unless disclosure is
    otherwise required by State law.
         (y)  Information   the   disclosure   of   which  is
    restricted under Section 5-108 of  the  Public  Utilities
    Act.
         (z)  Manuals  or instruction to staff that relate to
    establishment or collection of liability  for  any  State
    tax  or that relate to investigations by a public body to
    determine violation of any criminal law.
         (aa)  Applications, related documents,  and  medical
    records    received    by    the    Experimental    Organ
    Transplantation   Procedures   Board   and  any  and  all
    documents or other records prepared by  the  Experimental
    Organ  Transplantation  Procedures  Board  or  its  staff
    relating to applications it has received.
         (bb)  Insurance  or  self  insurance  (including any
    intergovernmental risk  management  association  or  self
    insurance   pool)   claims,   loss   or  risk  management
    information, records, data, advice or communications.
         (cc)  Information and records held by the Department
    of  Public  Health  and  its  authorized  representatives
    relating  to  known  or  suspected  cases   of   sexually
    transmissible  disease  or any information the disclosure
    of  which  is  restricted  under  the  Illinois  Sexually
    Transmissible Disease Control Act.
         (dd)  Information  the  disclosure   of   which   is
    exempted under Section 30 of the Radon Industry Licensing
    Act.
         (ee)  Firm  performance evaluations under Section 55
    of the Architectural,  Engineering,  and  Land  Surveying
    Qualifications Based Selection Act.
         (ff)  Security  portions  of  system  safety program
    plans, investigation reports, surveys, schedules,  lists,
    data,  or information compiled, collected, or prepared by
    or  for  the  Regional  Transportation  Authority   under
    Section 2.11 of the Regional Transportation Authority Act
    or  the  St.  Clair  County  Transit  District  under the
    Bi-State Transit Safety Act.
         (gg)  Information  the  disclosure   of   which   is
    restricted  and exempted under Section 50 of the Illinois
    Prepaid Tuition Act.
         (hh)  Information  the  disclosure   of   which   is
    exempted under Section 80 of the State Gift Ban Act.
         (ii)  Beginning July 1, 1999, information that would
    disclose  or  might  lead  to the disclosure of secret or
    confidential information, codes, algorithms, programs, or
    private keys intended to be used to create electronic  or
    digital signatures under the Electronic Commerce Security
    Act.
         (jj)  Information  contained  in  a  local emergency
    energy plan submitted to  a  municipality  in  accordance
    with  a  local  emergency  energy  plan ordinance that is
    adopted under Section 11-21.5-5 of the Illinois Municipal
    Code.
         (kk)  Information   and    data    concerning    the
    distribution  of  surcharge moneys collected and remitted
    by  wireless  carriers  under  the   Wireless   Emergency
    Telephone Safety Act.
    (2)  This  Section  does  not  authorize  withholding  of
information  or  limit  the  availability  of  records to the
public,  except  as  stated  in  this  Section  or  otherwise
provided in this Act.
(Source: P.A. 91-137, eff.  7-16-99;  91-357,  eff.  7-29-99;
91-660,  eff.  12-22-99;  92-16,  eff.  6-28-01; 92-241, eff.
8-3-01; 92-281, eff. 8-7-01; 92-645,  eff.  7-11-02;  92-651,
eff. 7-11-02.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.