| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0423 | |
| 2 | 1 | HB2039 EnrolledLRB103 04768 CPF 49777 b HB2039 Enrolled LRB103 04768 CPF 49777 b | |
| 3 | 2 | HB2039 Enrolled LRB103 04768 CPF 49777 b | |
| 4 | - | AN ACT concerning health. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 1. Short title. This Act may be cited as the Access | |
| 8 | - | to Public Health Data Act. | |
| 9 | - | Section 5. Definition. In this Act, "public health data" | |
| 10 | - | includes, but is not limited to, birth and death certificate | |
| 11 | - | data, hospital discharge data, adverse pregnancy outcomes | |
| 12 | - | reporting system (APORS) data, cancer registry data, syndromic | |
| 13 | - | surveillance data, and prescription monitoring program (PMP) | |
| 14 | - | data. | |
| 15 | - | Section 10. Access to public health data; certified local | |
| 16 | - | health departments; safeguards. | |
| 17 | - | (a) Notwithstanding any other provision of State law to | |
| 18 | - | the contrary, the Department of Public Health, the Department | |
| 19 | - | of Human Services, and the Department of Healthcare and Family | |
| 20 | - | Services shall, at the request of a certified local health | |
| 21 | - | department in this State, make any and all public health data | |
| 22 | - | related to residents of that certified local health | |
| 23 | - | department's jurisdiction available to that certified local | |
| 24 | - | health department for the purposes of preventing or | |
| 25 | - | controlling disease, injury, or disability. The commissioner, | |
| 3 | + | 1 AN ACT concerning health. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 1. Short title. This Act may be cited as the Access | |
| 7 | + | 5 to Public Health Data Act. | |
| 8 | + | 6 Section 5. Definition. In this Act, "public health data" | |
| 9 | + | 7 includes, but is not limited to, birth and death certificate | |
| 10 | + | 8 data, hospital discharge data, adverse pregnancy outcomes | |
| 11 | + | 9 reporting system (APORS) data, cancer registry data, syndromic | |
| 12 | + | 10 surveillance data, and prescription monitoring program (PMP) | |
| 13 | + | 11 data. | |
| 14 | + | 12 Section 10. Access to public health data; certified local | |
| 15 | + | 13 health departments; safeguards. | |
| 16 | + | 14 (a) Notwithstanding any other provision of State law to | |
| 17 | + | 15 the contrary, the Department of Public Health, the Department | |
| 18 | + | 16 of Human Services, and the Department of Healthcare and Family | |
| 19 | + | 17 Services shall, at the request of a certified local health | |
| 20 | + | 18 department in this State, make any and all public health data | |
| 21 | + | 19 related to residents of that certified local health | |
| 22 | + | 20 department's jurisdiction available to that certified local | |
| 23 | + | 21 health department for the purposes of preventing or | |
| 24 | + | 22 controlling disease, injury, or disability. The commissioner, | |
| 26 | 25 | ||
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | HB2039 Enrolled LRB103 04768 CPF 49777 b | |
| 30 | 29 | ||
| 31 | 30 | ||
| 32 | - | executive director, chief operating officer, chief medical | |
| 33 | - | officer, or equivalent executive leader of a certified local | |
| 34 | - | health department has express authority to request and receive | |
| 35 | - | such data. | |
| 36 | - | (b) A certified local health department shall have access | |
| 37 | - | to data under this Act only for the purposes identified in this | |
| 38 | - | Act. The Department of Public Health, the Department of Human | |
| 39 | - | Services, the Department of Healthcare and Family Services, | |
| 40 | - | and the requesting certified local health department shall | |
| 41 | - | protect the privacy and security of data obtained under this | |
| 42 | - | Act in accordance with applicable federal and State law and | |
| 43 | - | shall apply appropriate administrative, physical, and | |
| 44 | - | technical safeguards to ensure the privacy and security of the | |
| 45 | - | data and protect the data from unauthorized access, use, or | |
| 46 | - | disclosure. Appropriate safeguards include, but are not | |
| 47 | - | limited to, authentication and authorization of users prior to | |
| 48 | - | gaining access to data obtained under this Act. | |
| 49 | - | (c) A certified local health department shall apply | |
| 50 | - | appropriate controls to ensure that access to data under this | |
| 51 | - | Act is provided on a minimum, necessary basis and limited to | |
| 52 | - | only those persons whose public health duties and | |
| 53 | - | responsibilities require such access. Any data obtained under | |
| 54 | - | this Act and in the possession of a certified local health | |
| 55 | - | department shall be exempt from inspection and copying under | |
| 56 | - | subsection (pp) of Section 7 of the Freedom of Information | |
| 57 | - | Act. Any data obtained under this Act shall not be admissible | |
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| 32 | + | HB2039 Enrolled - 2 - LRB103 04768 CPF 49777 b | |
| 33 | + | 1 executive director, chief operating officer, chief medical | |
| 34 | + | 2 officer, or equivalent executive leader of a certified local | |
| 35 | + | 3 health department has express authority to request and receive | |
| 36 | + | 4 such data. | |
| 37 | + | 5 (b) A certified local health department shall have access | |
| 38 | + | 6 to data under this Act only for the purposes identified in this | |
| 39 | + | 7 Act. The Department of Public Health, the Department of Human | |
| 40 | + | 8 Services, the Department of Healthcare and Family Services, | |
| 41 | + | 9 and the requesting certified local health department shall | |
| 42 | + | 10 protect the privacy and security of data obtained under this | |
| 43 | + | 11 Act in accordance with applicable federal and State law and | |
| 44 | + | 12 shall apply appropriate administrative, physical, and | |
| 45 | + | 13 technical safeguards to ensure the privacy and security of the | |
| 46 | + | 14 data and protect the data from unauthorized access, use, or | |
| 47 | + | 15 disclosure. Appropriate safeguards include, but are not | |
| 48 | + | 16 limited to, authentication and authorization of users prior to | |
| 49 | + | 17 gaining access to data obtained under this Act. | |
| 50 | + | 18 (c) A certified local health department shall apply | |
| 51 | + | 19 appropriate controls to ensure that access to data under this | |
| 52 | + | 20 Act is provided on a minimum, necessary basis and limited to | |
| 53 | + | 21 only those persons whose public health duties and | |
| 54 | + | 22 responsibilities require such access. Any data obtained under | |
| 55 | + | 23 this Act and in the possession of a certified local health | |
| 56 | + | 24 department shall be exempt from inspection and copying under | |
| 57 | + | 25 subsection (pp) of Section 7 of the Freedom of Information | |
| 58 | + | 26 Act. Any data obtained under this Act shall not be admissible | |
| 58 | 59 | ||
| 59 | 60 | ||
| 60 | - | as evidence nor discoverable in any action of any kind in any | |
| 61 | - | court or before any tribunal, board, agency, or person. The | |
| 62 | - | access to or disclosure of any information or data by a | |
| 63 | - | certified local health department under this Act shall not | |
| 64 | - | waive or have any effect upon its nondiscoverability or | |
| 65 | - | inadmissibility. The identity of any individual identified in | |
| 66 | - | data obtained under this Act shall be confidential and shall | |
| 67 | - | not be disclosed publicly or in any action of any kind. | |
| 68 | - | Section 15. Data use agreements. A disclosing State | |
| 69 | - | department and the requesting certified local health | |
| 70 | - | department shall enter into a data use agreement to ensure | |
| 71 | - | appropriate, effective, and efficient use of data obtained | |
| 72 | - | under this Act by the certified local health department, | |
| 73 | - | though no data use agreement shall, in a manner inconsistent | |
| 74 | - | with the purpose or requirements of this Act, impede certified | |
| 75 | - | local health department access to any public health data | |
| 76 | - | available to the Department of Public Health, the Department | |
| 77 | - | of Human Services, or the Department of Healthcare and Family | |
| 78 | - | Services, nor shall it require indemnification as a | |
| 79 | - | prerequisite to access. Each disclosing State department or | |
| 80 | - | agency shall execute a single master data use agreement that | |
| 81 | - | includes all data sets and is in accordance with the | |
| 82 | - | applicable laws, rules, and regulations pertaining to the | |
| 83 | - | specific data being requested. Master data use agreements | |
| 84 | - | shall include, at a minimum, data content, format, method of | |
| 85 | 61 | ||
| 86 | 62 | ||
| 87 | - | transfer, analytic and statistical methods, scope of use, and | |
| 88 | - | requirements for safeguarding the data under State and federal | |
| 89 | - | law. Pursuant to 77 Ill. Adm. Code 600.300, the executive | |
| 90 | - | officer of each certified local health department shall | |
| 91 | - | execute all master data use agreements. The State department | |
| 92 | - | or agency may require the names of any authorized users who | |
| 93 | - | will access or use the data provided. Each certified local | |
| 94 | - | health department shall be required to enter into applicable | |
| 95 | - | master data use agreements with each disclosing State | |
| 96 | - | department or agency to obtain requested data. Certified local | |
| 97 | - | health departments shall not be required to enter into any | |
| 98 | - | master data use agreement unless they are requesting subject | |
| 99 | - | data. Furthermore, all State departments or agencies shall | |
| 100 | - | enter into interdepartmental agreements with other State | |
| 101 | - | departments or agencies to share applicable data with eligible | |
| 102 | - | certified local health departments if necessary. Any data | |
| 103 | - | shared between State departments and agencies that is | |
| 104 | - | requested by a certified local health department shall be | |
| 105 | - | reviewed and approved by the State department or agency | |
| 106 | - | providing the data to ensure that all disclosures are made in | |
| 107 | - | accordance with procedures set forth in the data use | |
| 108 | - | agreements. | |
| 109 | - | Section 20. Latest available data. The Department of | |
| 110 | - | Public Health, the Department of Human Services, and the | |
| 111 | - | Department of Healthcare and Family Services must provide the | |
| 63 | + | ||
| 64 | + | HB2039 Enrolled - 2 - LRB103 04768 CPF 49777 b | |
| 112 | 65 | ||
| 113 | 66 | ||
| 114 | - | latest available data for each certified local health | |
| 115 | - | department within 120 business days after completion of the | |
| 116 | - | applicable master data use agreement, except to the extent | |
| 117 | - | prohibited by current technology. | |
| 118 | - | Section 25. Rules. The Department of Public Health, the | |
| 119 | - | Department of Human Services, and the Department of Healthcare | |
| 120 | - | and Family Services may adopt any rules necessary to implement | |
| 121 | - | this Act. | |
| 122 | - | Section 900. The Freedom of Information Act is amended by | |
| 123 | - | changing Section 7 as follows: | |
| 124 | - | (5 ILCS 140/7) | |
| 125 | - | (Text of Section before amendment by P.A. 102-982) | |
| 126 | - | Sec. 7. Exemptions. | |
| 127 | - | (1) When a request is made to inspect or copy a public | |
| 128 | - | record that contains information that is exempt from | |
| 129 | - | disclosure under this Section, but also contains information | |
| 130 | - | that is not exempt from disclosure, the public body may elect | |
| 131 | - | to redact the information that is exempt. The public body | |
| 132 | - | shall make the remaining information available for inspection | |
| 133 | - | and copying. Subject to this requirement, the following shall | |
| 134 | - | be exempt from inspection and copying: | |
| 135 | - | (a) Information specifically prohibited from | |
| 136 | - | disclosure by federal or State law or rules and | |
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| 68 | + | HB2039 Enrolled - 3 - LRB103 04768 CPF 49777 b | |
| 69 | + | 1 as evidence nor discoverable in any action of any kind in any | |
| 70 | + | 2 court or before any tribunal, board, agency, or person. The | |
| 71 | + | 3 access to or disclosure of any information or data by a | |
| 72 | + | 4 certified local health department under this Act shall not | |
| 73 | + | 5 waive or have any effect upon its nondiscoverability or | |
| 74 | + | 6 inadmissibility. The identity of any individual identified in | |
| 75 | + | 7 data obtained under this Act shall be confidential and shall | |
| 76 | + | 8 not be disclosed publicly or in any action of any kind. | |
| 77 | + | 9 Section 15. Data use agreements. A disclosing State | |
| 78 | + | 10 department and the requesting certified local health | |
| 79 | + | 11 department shall enter into a data use agreement to ensure | |
| 80 | + | 12 appropriate, effective, and efficient use of data obtained | |
| 81 | + | 13 under this Act by the certified local health department, | |
| 82 | + | 14 though no data use agreement shall, in a manner inconsistent | |
| 83 | + | 15 with the purpose or requirements of this Act, impede certified | |
| 84 | + | 16 local health department access to any public health data | |
| 85 | + | 17 available to the Department of Public Health, the Department | |
| 86 | + | 18 of Human Services, or the Department of Healthcare and Family | |
| 87 | + | 19 Services, nor shall it require indemnification as a | |
| 88 | + | 20 prerequisite to access. Each disclosing State department or | |
| 89 | + | 21 agency shall execute a single master data use agreement that | |
| 90 | + | 22 includes all data sets and is in accordance with the | |
| 91 | + | 23 applicable laws, rules, and regulations pertaining to the | |
| 92 | + | 24 specific data being requested. Master data use agreements | |
| 93 | + | 25 shall include, at a minimum, data content, format, method of | |
| 137 | 94 | ||
| 138 | 95 | ||
| 139 | - | regulations implementing federal or State law. | |
| 140 | - | (b) Private information, unless disclosure is required | |
| 141 | - | by another provision of this Act, a State or federal law, | |
| 142 | - | or a court order. | |
| 143 | - | (b-5) Files, documents, and other data or databases | |
| 144 | - | maintained by one or more law enforcement agencies and | |
| 145 | - | specifically designed to provide information to one or | |
| 146 | - | more law enforcement agencies regarding the physical or | |
| 147 | - | mental status of one or more individual subjects. | |
| 148 | - | (c) Personal information contained within public | |
| 149 | - | records, the disclosure of which would constitute a | |
| 150 | - | clearly unwarranted invasion of personal privacy, unless | |
| 151 | - | the disclosure is consented to in writing by the | |
| 152 | - | individual subjects of the information. "Unwarranted | |
| 153 | - | invasion of personal privacy" means the disclosure of | |
| 154 | - | information that is highly personal or objectionable to a | |
| 155 | - | reasonable person and in which the subject's right to | |
| 156 | - | privacy outweighs any legitimate public interest in | |
| 157 | - | obtaining the information. The disclosure of information | |
| 158 | - | that bears on the public duties of public employees and | |
| 159 | - | officials shall not be considered an invasion of personal | |
| 160 | - | privacy. | |
| 161 | - | (d) Records in the possession of any public body | |
| 162 | - | created in the course of administrative enforcement | |
| 163 | - | proceedings, and any law enforcement or correctional | |
| 164 | - | agency for law enforcement purposes, but only to the | |
| 165 | 96 | ||
| 166 | 97 | ||
| 167 | - | extent that disclosure would: | |
| 168 | - | (i) interfere with pending or actually and | |
| 169 | - | reasonably contemplated law enforcement proceedings | |
| 170 | - | conducted by any law enforcement or correctional | |
| 171 | - | agency that is the recipient of the request; | |
| 172 | - | (ii) interfere with active administrative | |
| 173 | - | enforcement proceedings conducted by the public body | |
| 174 | - | that is the recipient of the request; | |
| 175 | - | (iii) create a substantial likelihood that a | |
| 176 | - | person will be deprived of a fair trial or an impartial | |
| 177 | - | hearing; | |
| 178 | - | (iv) unavoidably disclose the identity of a | |
| 179 | - | confidential source, confidential information | |
| 180 | - | furnished only by the confidential source, or persons | |
| 181 | - | who file complaints with or provide information to | |
| 182 | - | administrative, investigative, law enforcement, or | |
| 183 | - | penal agencies; except that the identities of | |
| 184 | - | witnesses to traffic accidents, traffic accident | |
| 185 | - | reports, and rescue reports shall be provided by | |
| 186 | - | agencies of local government, except when disclosure | |
| 187 | - | would interfere with an active criminal investigation | |
| 188 | - | conducted by the agency that is the recipient of the | |
| 189 | - | request; | |
| 190 | - | (v) disclose unique or specialized investigative | |
| 191 | - | techniques other than those generally used and known | |
| 192 | - | or disclose internal documents of correctional | |
| 98 | + | ||
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| 193 | 100 | ||
| 194 | 101 | ||
| 195 | - | agencies related to detection, observation, or | |
| 196 | - | investigation of incidents of crime or misconduct, and | |
| 197 | - | disclosure would result in demonstrable harm to the | |
| 198 | - | agency or public body that is the recipient of the | |
| 199 | - | request; | |
| 200 | - | (vi) endanger the life or physical safety of law | |
| 201 | - | enforcement personnel or any other person; or | |
| 202 | - | (vii) obstruct an ongoing criminal investigation | |
| 203 | - | by the agency that is the recipient of the request. | |
| 204 | - | (d-5) A law enforcement record created for law | |
| 205 | - | enforcement purposes and contained in a shared electronic | |
| 206 | - | record management system if the law enforcement agency | |
| 207 | - | that is the recipient of the request did not create the | |
| 208 | - | record, did not participate in or have a role in any of the | |
| 209 | - | events which are the subject of the record, and only has | |
| 210 | - | access to the record through the shared electronic record | |
| 211 | - | management system. | |
| 212 | - | (d-6) Records contained in the Officer Professional | |
| 213 | - | Conduct Database under Section 9.2 of the Illinois Police | |
| 214 | - | Training Act, except to the extent authorized under that | |
| 215 | - | Section. This includes the documents supplied to the | |
| 216 | - | Illinois Law Enforcement Training Standards Board from the | |
| 217 | - | Illinois State Police and Illinois State Police Merit | |
| 218 | - | Board. | |
| 219 | - | (e) Records that relate to or affect the security of | |
| 220 | - | correctional institutions and detention facilities. | |
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| 103 | + | HB2039 Enrolled - 4 - LRB103 04768 CPF 49777 b | |
| 104 | + | 1 transfer, analytic and statistical methods, scope of use, and | |
| 105 | + | 2 requirements for safeguarding the data under State and federal | |
| 106 | + | 3 law. Pursuant to 77 Ill. Adm. Code 600.300, the executive | |
| 107 | + | 4 officer of each certified local health department shall | |
| 108 | + | 5 execute all master data use agreements. The State department | |
| 109 | + | 6 or agency may require the names of any authorized users who | |
| 110 | + | 7 will access or use the data provided. Each certified local | |
| 111 | + | 8 health department shall be required to enter into applicable | |
| 112 | + | 9 master data use agreements with each disclosing State | |
| 113 | + | 10 department or agency to obtain requested data. Certified local | |
| 114 | + | 11 health departments shall not be required to enter into any | |
| 115 | + | 12 master data use agreement unless they are requesting subject | |
| 116 | + | 13 data. Furthermore, all State departments or agencies shall | |
| 117 | + | 14 enter into interdepartmental agreements with other State | |
| 118 | + | 15 departments or agencies to share applicable data with eligible | |
| 119 | + | 16 certified local health departments if necessary. Any data | |
| 120 | + | 17 shared between State departments and agencies that is | |
| 121 | + | 18 requested by a certified local health department shall be | |
| 122 | + | 19 reviewed and approved by the State department or agency | |
| 123 | + | 20 providing the data to ensure that all disclosures are made in | |
| 124 | + | 21 accordance with procedures set forth in the data use | |
| 125 | + | 22 agreements. | |
| 126 | + | 23 Section 20. Latest available data. The Department of | |
| 127 | + | 24 Public Health, the Department of Human Services, and the | |
| 128 | + | 25 Department of Healthcare and Family Services must provide the | |
| 221 | 129 | ||
| 222 | 130 | ||
| 223 | - | (e-5) Records requested by persons committed to the | |
| 224 | - | Department of Corrections, Department of Human Services | |
| 225 | - | Division of Mental Health, or a county jail if those | |
| 226 | - | materials are available in the library of the correctional | |
| 227 | - | institution or facility or jail where the inmate is | |
| 228 | - | confined. | |
| 229 | - | (e-6) Records requested by persons committed to the | |
| 230 | - | Department of Corrections, Department of Human Services | |
| 231 | - | Division of Mental Health, or a county jail if those | |
| 232 | - | materials include records from staff members' personnel | |
| 233 | - | files, staff rosters, or other staffing assignment | |
| 234 | - | information. | |
| 235 | - | (e-7) Records requested by persons committed to the | |
| 236 | - | Department of Corrections or Department of Human Services | |
| 237 | - | Division of Mental Health if those materials are available | |
| 238 | - | through an administrative request to the Department of | |
| 239 | - | Corrections or Department of Human Services Division of | |
| 240 | - | Mental Health. | |
| 241 | - | (e-8) Records requested by a person committed to the | |
| 242 | - | Department of Corrections, Department of Human Services | |
| 243 | - | Division of Mental Health, or a county jail, the | |
| 244 | - | disclosure of which would result in the risk of harm to any | |
| 245 | - | person or the risk of an escape from a jail or correctional | |
| 246 | - | institution or facility. | |
| 247 | - | (e-9) Records requested by a person in a county jail | |
| 248 | - | or committed to the Department of Corrections or | |
| 249 | 131 | ||
| 250 | 132 | ||
| 251 | - | Department of Human Services Division of Mental Health, | |
| 252 | - | containing personal information pertaining to the person's | |
| 253 | - | victim or the victim's family, including, but not limited | |
| 254 | - | to, a victim's home address, home telephone number, work | |
| 255 | - | or school address, work telephone number, social security | |
| 256 | - | number, or any other identifying information, except as | |
| 257 | - | may be relevant to a requester's current or potential case | |
| 258 | - | or claim. | |
| 259 | - | (e-10) Law enforcement records of other persons | |
| 260 | - | requested by a person committed to the Department of | |
| 261 | - | Corrections, Department of Human Services Division of | |
| 262 | - | Mental Health, or a county jail, including, but not | |
| 263 | - | limited to, arrest and booking records, mug shots, and | |
| 264 | - | crime scene photographs, except as these records may be | |
| 265 | - | relevant to the requester's current or potential case or | |
| 266 | - | claim. | |
| 267 | - | (f) Preliminary drafts, notes, recommendations, | |
| 268 | - | memoranda, and other records in which opinions are | |
| 269 | - | expressed, or policies or actions are formulated, except | |
| 270 | - | that a specific record or relevant portion of a record | |
| 271 | - | shall not be exempt when the record is publicly cited and | |
| 272 | - | identified by the head of the public body. The exemption | |
| 273 | - | provided in this paragraph (f) extends to all those | |
| 274 | - | records of officers and agencies of the General Assembly | |
| 275 | - | that pertain to the preparation of legislative documents. | |
| 276 | - | (g) Trade secrets and commercial or financial | |
| 133 | + | ||
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| 277 | 135 | ||
| 278 | 136 | ||
| 279 | - | information obtained from a person or business where the | |
| 280 | - | trade secrets or commercial or financial information are | |
| 281 | - | furnished under a claim that they are proprietary, | |
| 282 | - | privileged, or confidential, and that disclosure of the | |
| 283 | - | trade secrets or commercial or financial information would | |
| 284 | - | cause competitive harm to the person or business, and only | |
| 285 | - | insofar as the claim directly applies to the records | |
| 286 | - | requested. | |
| 287 | - | The information included under this exemption includes | |
| 288 | - | all trade secrets and commercial or financial information | |
| 289 | - | obtained by a public body, including a public pension | |
| 290 | - | fund, from a private equity fund or a privately held | |
| 291 | - | company within the investment portfolio of a private | |
| 292 | - | equity fund as a result of either investing or evaluating | |
| 293 | - | a potential investment of public funds in a private equity | |
| 294 | - | fund. The exemption contained in this item does not apply | |
| 295 | - | to the aggregate financial performance information of a | |
| 296 | - | private equity fund, nor to the identity of the fund's | |
| 297 | - | managers or general partners. The exemption contained in | |
| 298 | - | this item does not apply to the identity of a privately | |
| 299 | - | held company within the investment portfolio of a private | |
| 300 | - | equity fund, unless the disclosure of the identity of a | |
| 301 | - | privately held company may cause competitive harm. | |
| 302 | - | Nothing contained in this paragraph (g) shall be | |
| 303 | - | construed to prevent a person or business from consenting | |
| 304 | - | to disclosure. | |
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| 138 | + | HB2039 Enrolled - 5 - LRB103 04768 CPF 49777 b | |
| 139 | + | 1 latest available data for each certified local health | |
| 140 | + | 2 department within 120 business days after completion of the | |
| 141 | + | 3 applicable master data use agreement, except to the extent | |
| 142 | + | 4 prohibited by current technology. | |
| 143 | + | 5 Section 25. Rules. The Department of Public Health, the | |
| 144 | + | 6 Department of Human Services, and the Department of Healthcare | |
| 145 | + | 7 and Family Services may adopt any rules necessary to implement | |
| 146 | + | 8 this Act. | |
| 147 | + | 9 Section 900. The Freedom of Information Act is amended by | |
| 148 | + | 10 changing Section 7 as follows: | |
| 149 | + | 11 (5 ILCS 140/7) | |
| 150 | + | 12 (Text of Section before amendment by P.A. 102-982) | |
| 151 | + | 13 Sec. 7. Exemptions. | |
| 152 | + | 14 (1) When a request is made to inspect or copy a public | |
| 153 | + | 15 record that contains information that is exempt from | |
| 154 | + | 16 disclosure under this Section, but also contains information | |
| 155 | + | 17 that is not exempt from disclosure, the public body may elect | |
| 156 | + | 18 to redact the information that is exempt. The public body | |
| 157 | + | 19 shall make the remaining information available for inspection | |
| 158 | + | 20 and copying. Subject to this requirement, the following shall | |
| 159 | + | 21 be exempt from inspection and copying: | |
| 160 | + | 22 (a) Information specifically prohibited from | |
| 161 | + | 23 disclosure by federal or State law or rules and | |
| 305 | 162 | ||
| 306 | 163 | ||
| 307 | - | (h) Proposals and bids for any contract, grant, or | |
| 308 | - | agreement, including information which if it were | |
| 309 | - | disclosed would frustrate procurement or give an advantage | |
| 310 | - | to any person proposing to enter into a contractor | |
| 311 | - | agreement with the body, until an award or final selection | |
| 312 | - | is made. Information prepared by or for the body in | |
| 313 | - | preparation of a bid solicitation shall be exempt until an | |
| 314 | - | award or final selection is made. | |
| 315 | - | (i) Valuable formulae, computer geographic systems, | |
| 316 | - | designs, drawings, and research data obtained or produced | |
| 317 | - | by any public body when disclosure could reasonably be | |
| 318 | - | expected to produce private gain or public loss. The | |
| 319 | - | exemption for "computer geographic systems" provided in | |
| 320 | - | this paragraph (i) does not extend to requests made by | |
| 321 | - | news media as defined in Section 2 of this Act when the | |
| 322 | - | requested information is not otherwise exempt and the only | |
| 323 | - | purpose of the request is to access and disseminate | |
| 324 | - | information regarding the health, safety, welfare, or | |
| 325 | - | legal rights of the general public. | |
| 326 | - | (j) The following information pertaining to | |
| 327 | - | educational matters: | |
| 328 | - | (i) test questions, scoring keys, and other | |
| 329 | - | examination data used to administer an academic | |
| 330 | - | examination; | |
| 331 | - | (ii) information received by a primary or | |
| 332 | - | secondary school, college, or university under its | |
| 333 | 164 | ||
| 334 | 165 | ||
| 335 | - | procedures for the evaluation of faculty members by | |
| 336 | - | their academic peers; | |
| 337 | - | (iii) information concerning a school or | |
| 338 | - | university's adjudication of student disciplinary | |
| 339 | - | cases, but only to the extent that disclosure would | |
| 340 | - | unavoidably reveal the identity of the student; and | |
| 341 | - | (iv) course materials or research materials used | |
| 342 | - | by faculty members. | |
| 343 | - | (k) Architects' plans, engineers' technical | |
| 344 | - | submissions, and other construction related technical | |
| 345 | - | documents for projects not constructed or developed in | |
| 346 | - | whole or in part with public funds and the same for | |
| 347 | - | projects constructed or developed with public funds, | |
| 348 | - | including, but not limited to, power generating and | |
| 349 | - | distribution stations and other transmission and | |
| 350 | - | distribution facilities, water treatment facilities, | |
| 351 | - | airport facilities, sport stadiums, convention centers, | |
| 352 | - | and all government owned, operated, or occupied buildings, | |
| 353 | - | but only to the extent that disclosure would compromise | |
| 354 | - | security. | |
| 355 | - | (l) Minutes of meetings of public bodies closed to the | |
| 356 | - | public as provided in the Open Meetings Act until the | |
| 357 | - | public body makes the minutes available to the public | |
| 358 | - | under Section 2.06 of the Open Meetings Act. | |
| 359 | - | (m) Communications between a public body and an | |
| 360 | - | attorney or auditor representing the public body that | |
| 166 | + | ||
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| 361 | 168 | ||
| 362 | 169 | ||
| 363 | - | would not be subject to discovery in litigation, and | |
| 364 | - | materials prepared or compiled by or for a public body in | |
| 365 | - | anticipation of a criminal, civil, or administrative | |
| 366 | - | proceeding upon the request of an attorney advising the | |
| 367 | - | public body, and materials prepared or compiled with | |
| 368 | - | respect to internal audits of public bodies. | |
| 369 | - | (n) Records relating to a public body's adjudication | |
| 370 | - | of employee grievances or disciplinary cases; however, | |
| 371 | - | this exemption shall not extend to the final outcome of | |
| 372 | - | cases in which discipline is imposed. | |
| 373 | - | (o) Administrative or technical information associated | |
| 374 | - | with automated data processing operations, including, but | |
| 375 | - | not limited to, software, operating protocols, computer | |
| 376 | - | program abstracts, file layouts, source listings, object | |
| 377 | - | modules, load modules, user guides, documentation | |
| 378 | - | pertaining to all logical and physical design of | |
| 379 | - | computerized systems, employee manuals, and any other | |
| 380 | - | information that, if disclosed, would jeopardize the | |
| 381 | - | security of the system or its data or the security of | |
| 382 | - | materials exempt under this Section. | |
| 383 | - | (p) Records relating to collective negotiating matters | |
| 384 | - | between public bodies and their employees or | |
| 385 | - | representatives, except that any final contract or | |
| 386 | - | agreement shall be subject to inspection and copying. | |
| 387 | - | (q) Test questions, scoring keys, and other | |
| 388 | - | examination data used to determine the qualifications of | |
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| 172 | + | 1 regulations implementing federal or State law. | |
| 173 | + | 2 (b) Private information, unless disclosure is required | |
| 174 | + | 3 by another provision of this Act, a State or federal law, | |
| 175 | + | 4 or a court order. | |
| 176 | + | 5 (b-5) Files, documents, and other data or databases | |
| 177 | + | 6 maintained by one or more law enforcement agencies and | |
| 178 | + | 7 specifically designed to provide information to one or | |
| 179 | + | 8 more law enforcement agencies regarding the physical or | |
| 180 | + | 9 mental status of one or more individual subjects. | |
| 181 | + | 10 (c) Personal information contained within public | |
| 182 | + | 11 records, the disclosure of which would constitute a | |
| 183 | + | 12 clearly unwarranted invasion of personal privacy, unless | |
| 184 | + | 13 the disclosure is consented to in writing by the | |
| 185 | + | 14 individual subjects of the information. "Unwarranted | |
| 186 | + | 15 invasion of personal privacy" means the disclosure of | |
| 187 | + | 16 information that is highly personal or objectionable to a | |
| 188 | + | 17 reasonable person and in which the subject's right to | |
| 189 | + | 18 privacy outweighs any legitimate public interest in | |
| 190 | + | 19 obtaining the information. The disclosure of information | |
| 191 | + | 20 that bears on the public duties of public employees and | |
| 192 | + | 21 officials shall not be considered an invasion of personal | |
| 193 | + | 22 privacy. | |
| 194 | + | 23 (d) Records in the possession of any public body | |
| 195 | + | 24 created in the course of administrative enforcement | |
| 196 | + | 25 proceedings, and any law enforcement or correctional | |
| 197 | + | 26 agency for law enforcement purposes, but only to the | |
| 389 | 198 | ||
| 390 | 199 | ||
| 391 | - | an applicant for a license or employment. | |
| 392 | - | (r) The records, documents, and information relating | |
| 393 | - | to real estate purchase negotiations until those | |
| 394 | - | negotiations have been completed or otherwise terminated. | |
| 395 | - | With regard to a parcel involved in a pending or actually | |
| 396 | - | and reasonably contemplated eminent domain proceeding | |
| 397 | - | under the Eminent Domain Act, records, documents, and | |
| 398 | - | information relating to that parcel shall be exempt except | |
| 399 | - | as may be allowed under discovery rules adopted by the | |
| 400 | - | Illinois Supreme Court. The records, documents, and | |
| 401 | - | information relating to a real estate sale shall be exempt | |
| 402 | - | until a sale is consummated. | |
| 403 | - | (s) Any and all proprietary information and records | |
| 404 | - | related to the operation of an intergovernmental risk | |
| 405 | - | management association or self-insurance pool or jointly | |
| 406 | - | self-administered health and accident cooperative or pool. | |
| 407 | - | Insurance or self-insurance self insurance (including any | |
| 408 | - | intergovernmental risk management association or | |
| 409 | - | self-insurance self insurance pool) claims, loss or risk | |
| 410 | - | management information, records, data, advice, or | |
| 411 | - | communications. | |
| 412 | - | (t) Information contained in or related to | |
| 413 | - | examination, operating, or condition reports prepared by, | |
| 414 | - | on behalf of, or for the use of a public body responsible | |
| 415 | - | for the regulation or supervision of financial | |
| 416 | - | institutions, insurance companies, or pharmacy benefit | |
| 417 | 200 | ||
| 418 | 201 | ||
| 419 | - | managers, unless disclosure is otherwise required by State | |
| 420 | - | law. | |
| 421 | - | (u) Information that would disclose or might lead to | |
| 422 | - | the disclosure of secret or confidential information, | |
| 423 | - | codes, algorithms, programs, or private keys intended to | |
| 424 | - | be used to create electronic signatures under the Uniform | |
| 425 | - | Electronic Transactions Act. | |
| 426 | - | (v) Vulnerability assessments, security measures, and | |
| 427 | - | response policies or plans that are designed to identify, | |
| 428 | - | prevent, or respond to potential attacks upon a | |
| 429 | - | community's population or systems, facilities, or | |
| 430 | - | installations, but only to the extent that disclosure | |
| 431 | - | could reasonably be expected to expose the vulnerability | |
| 432 | - | or jeopardize the effectiveness of the measures, policies, | |
| 433 | - | or plans, or the safety of the personnel who implement | |
| 434 | - | them or the public. Information exempt under this item may | |
| 435 | - | include such things as details pertaining to the | |
| 436 | - | mobilization or deployment of personnel or equipment, to | |
| 437 | - | the operation of communication systems or protocols, to | |
| 438 | - | cybersecurity vulnerabilities, or to tactical operations. | |
| 439 | - | (w) (Blank). | |
| 440 | - | (x) Maps and other records regarding the location or | |
| 441 | - | security of generation, transmission, distribution, | |
| 442 | - | storage, gathering, treatment, or switching facilities | |
| 443 | - | owned by a utility, by a power generator, or by the | |
| 444 | - | Illinois Power Agency. | |
| 202 | + | ||
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| 445 | 204 | ||
| 446 | 205 | ||
| 447 | - | (y) Information contained in or related to proposals, | |
| 448 | - | bids, or negotiations related to electric power | |
| 449 | - | procurement under Section 1-75 of the Illinois Power | |
| 450 | - | Agency Act and Section 16-111.5 of the Public Utilities | |
| 451 | - | Act that is determined to be confidential and proprietary | |
| 452 | - | by the Illinois Power Agency or by the Illinois Commerce | |
| 453 | - | Commission. | |
| 454 | - | (z) Information about students exempted from | |
| 455 | - | disclosure under Section Sections 10-20.38 or 34-18.29 of | |
| 456 | - | the School Code, and information about undergraduate | |
| 457 | - | students enrolled at an institution of higher education | |
| 458 | - | exempted from disclosure under Section 25 of the Illinois | |
| 459 | - | Credit Card Marketing Act of 2009. | |
| 460 | - | (aa) Information the disclosure of which is exempted | |
| 461 | - | under the Viatical Settlements Act of 2009. | |
| 462 | - | (bb) Records and information provided to a mortality | |
| 463 | - | review team and records maintained by a mortality review | |
| 464 | - | team appointed under the Department of Juvenile Justice | |
| 465 | - | Mortality Review Team Act. | |
| 466 | - | (cc) Information regarding interments, entombments, or | |
| 467 | - | inurnments of human remains that are submitted to the | |
| 468 | - | Cemetery Oversight Database under the Cemetery Care Act or | |
| 469 | - | the Cemetery Oversight Act, whichever is applicable. | |
| 470 | - | (dd) Correspondence and records (i) that may not be | |
| 471 | - | disclosed under Section 11-9 of the Illinois Public Aid | |
| 472 | - | Code or (ii) that pertain to appeals under Section 11-8 of | |
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| 208 | + | 1 extent that disclosure would: | |
| 209 | + | 2 (i) interfere with pending or actually and | |
| 210 | + | 3 reasonably contemplated law enforcement proceedings | |
| 211 | + | 4 conducted by any law enforcement or correctional | |
| 212 | + | 5 agency that is the recipient of the request; | |
| 213 | + | 6 (ii) interfere with active administrative | |
| 214 | + | 7 enforcement proceedings conducted by the public body | |
| 215 | + | 8 that is the recipient of the request; | |
| 216 | + | 9 (iii) create a substantial likelihood that a | |
| 217 | + | 10 person will be deprived of a fair trial or an impartial | |
| 218 | + | 11 hearing; | |
| 219 | + | 12 (iv) unavoidably disclose the identity of a | |
| 220 | + | 13 confidential source, confidential information | |
| 221 | + | 14 furnished only by the confidential source, or persons | |
| 222 | + | 15 who file complaints with or provide information to | |
| 223 | + | 16 administrative, investigative, law enforcement, or | |
| 224 | + | 17 penal agencies; except that the identities of | |
| 225 | + | 18 witnesses to traffic accidents, traffic accident | |
| 226 | + | 19 reports, and rescue reports shall be provided by | |
| 227 | + | 20 agencies of local government, except when disclosure | |
| 228 | + | 21 would interfere with an active criminal investigation | |
| 229 | + | 22 conducted by the agency that is the recipient of the | |
| 230 | + | 23 request; | |
| 231 | + | 24 (v) disclose unique or specialized investigative | |
| 232 | + | 25 techniques other than those generally used and known | |
| 233 | + | 26 or disclose internal documents of correctional | |
| 473 | 234 | ||
| 474 | 235 | ||
| 475 | - | the Illinois Public Aid Code. | |
| 476 | - | (ee) The names, addresses, or other personal | |
| 477 | - | information of persons who are minors and are also | |
| 478 | - | participants and registrants in programs of park | |
| 479 | - | districts, forest preserve districts, conservation | |
| 480 | - | districts, recreation agencies, and special recreation | |
| 481 | - | associations. | |
| 482 | - | (ff) The names, addresses, or other personal | |
| 483 | - | information of participants and registrants in programs of | |
| 484 | - | park districts, forest preserve districts, conservation | |
| 485 | - | districts, recreation agencies, and special recreation | |
| 486 | - | associations where such programs are targeted primarily to | |
| 487 | - | minors. | |
| 488 | - | (gg) Confidential information described in Section | |
| 489 | - | 1-100 of the Illinois Independent Tax Tribunal Act of | |
| 490 | - | 2012. | |
| 491 | - | (hh) The report submitted to the State Board of | |
| 492 | - | Education by the School Security and Standards Task Force | |
| 493 | - | under item (8) of subsection (d) of Section 2-3.160 of the | |
| 494 | - | School Code and any information contained in that report. | |
| 495 | - | (ii) Records requested by persons committed to or | |
| 496 | - | detained by the Department of Human Services under the | |
| 497 | - | Sexually Violent Persons Commitment Act or committed to | |
| 498 | - | the Department of Corrections under the Sexually Dangerous | |
| 499 | - | Persons Act if those materials: (i) are available in the | |
| 500 | - | library of the facility where the individual is confined; | |
| 501 | 236 | ||
| 502 | 237 | ||
| 503 | - | (ii) include records from staff members' personnel files, | |
| 504 | - | staff rosters, or other staffing assignment information; | |
| 505 | - | or (iii) are available through an administrative request | |
| 506 | - | to the Department of Human Services or the Department of | |
| 507 | - | Corrections. | |
| 508 | - | (jj) Confidential information described in Section | |
| 509 | - | 5-535 of the Civil Administrative Code of Illinois. | |
| 510 | - | (kk) The public body's credit card numbers, debit card | |
| 511 | - | numbers, bank account numbers, Federal Employer | |
| 512 | - | Identification Number, security code numbers, passwords, | |
| 513 | - | and similar account information, the disclosure of which | |
| 514 | - | could result in identity theft or impression or defrauding | |
| 515 | - | of a governmental entity or a person. | |
| 516 | - | (ll) Records concerning the work of the threat | |
| 517 | - | assessment team of a school district, including, but not | |
| 518 | - | limited to, any threat assessment procedure under the | |
| 519 | - | School Safety Drill Act and any information contained in | |
| 520 | - | the procedure. | |
| 521 | - | (mm) Information prohibited from being disclosed under | |
| 522 | - | subsections (a) and (b) of Section 15 of the Student | |
| 523 | - | Confidential Reporting Act. | |
| 524 | - | (nn) (mm) Proprietary information submitted to the | |
| 525 | - | Environmental Protection Agency under the Drug Take-Back | |
| 526 | - | Act. | |
| 527 | - | (oo) (mm) Records described in subsection (f) of | |
| 528 | - | Section 3-5-1 of the Unified Code of Corrections. | |
| 238 | + | ||
| 239 | + | HB2039 Enrolled - 7 - LRB103 04768 CPF 49777 b | |
| 529 | 240 | ||
| 530 | 241 | ||
| 531 | - | (1.5) Any information exempt from disclosure under the | |
| 532 | - | Judicial Privacy Act shall be redacted from public records | |
| 533 | - | prior to disclosure under this Act. | |
| 534 | - | (2) A public record that is not in the possession of a | |
| 535 | - | public body but is in the possession of a party with whom the | |
| 536 | - | agency has contracted to perform a governmental function on | |
| 537 | - | behalf of the public body, and that directly relates to the | |
| 538 | - | governmental function and is not otherwise exempt under this | |
| 539 | - | Act, shall be considered a public record of the public body, | |
| 540 | - | for purposes of this Act. | |
| 541 | - | (3) This Section does not authorize withholding of | |
| 542 | - | information or limit the availability of records to the | |
| 543 | - | public, except as stated in this Section or otherwise provided | |
| 544 | - | in this Act. | |
| 545 | - | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | |
| 546 | - | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | |
| 547 | - | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | |
| 548 | - | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | |
| 549 | - | 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | |
| 550 | - | 12-13-22.) | |
| 551 | - | (Text of Section after amendment by P.A. 102-982) | |
| 552 | - | Sec. 7. Exemptions. | |
| 553 | - | (1) When a request is made to inspect or copy a public | |
| 554 | - | record that contains information that is exempt from | |
| 555 | - | disclosure under this Section, but also contains information | |
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| 244 | + | 1 agencies related to detection, observation, or | |
| 245 | + | 2 investigation of incidents of crime or misconduct, and | |
| 246 | + | 3 disclosure would result in demonstrable harm to the | |
| 247 | + | 4 agency or public body that is the recipient of the | |
| 248 | + | 5 request; | |
| 249 | + | 6 (vi) endanger the life or physical safety of law | |
| 250 | + | 7 enforcement personnel or any other person; or | |
| 251 | + | 8 (vii) obstruct an ongoing criminal investigation | |
| 252 | + | 9 by the agency that is the recipient of the request. | |
| 253 | + | 10 (d-5) A law enforcement record created for law | |
| 254 | + | 11 enforcement purposes and contained in a shared electronic | |
| 255 | + | 12 record management system if the law enforcement agency | |
| 256 | + | 13 that is the recipient of the request did not create the | |
| 257 | + | 14 record, did not participate in or have a role in any of the | |
| 258 | + | 15 events which are the subject of the record, and only has | |
| 259 | + | 16 access to the record through the shared electronic record | |
| 260 | + | 17 management system. | |
| 261 | + | 18 (d-6) Records contained in the Officer Professional | |
| 262 | + | 19 Conduct Database under Section 9.2 of the Illinois Police | |
| 263 | + | 20 Training Act, except to the extent authorized under that | |
| 264 | + | 21 Section. This includes the documents supplied to the | |
| 265 | + | 22 Illinois Law Enforcement Training Standards Board from the | |
| 266 | + | 23 Illinois State Police and Illinois State Police Merit | |
| 267 | + | 24 Board. | |
| 268 | + | 25 (e) Records that relate to or affect the security of | |
| 269 | + | 26 correctional institutions and detention facilities. | |
| 556 | 270 | ||
| 557 | 271 | ||
| 558 | - | that is not exempt from disclosure, the public body may elect | |
| 559 | - | to redact the information that is exempt. The public body | |
| 560 | - | shall make the remaining information available for inspection | |
| 561 | - | and copying. Subject to this requirement, the following shall | |
| 562 | - | be exempt from inspection and copying: | |
| 563 | - | (a) Information specifically prohibited from | |
| 564 | - | disclosure by federal or State law or rules and | |
| 565 | - | regulations implementing federal or State law. | |
| 566 | - | (b) Private information, unless disclosure is required | |
| 567 | - | by another provision of this Act, a State or federal law, | |
| 568 | - | or a court order. | |
| 569 | - | (b-5) Files, documents, and other data or databases | |
| 570 | - | maintained by one or more law enforcement agencies and | |
| 571 | - | specifically designed to provide information to one or | |
| 572 | - | more law enforcement agencies regarding the physical or | |
| 573 | - | mental status of one or more individual subjects. | |
| 574 | - | (c) Personal information contained within public | |
| 575 | - | records, the disclosure of which would constitute a | |
| 576 | - | clearly unwarranted invasion of personal privacy, unless | |
| 577 | - | the disclosure is consented to in writing by the | |
| 578 | - | individual subjects of the information. "Unwarranted | |
| 579 | - | invasion of personal privacy" means the disclosure of | |
| 580 | - | information that is highly personal or objectionable to a | |
| 581 | - | reasonable person and in which the subject's right to | |
| 582 | - | privacy outweighs any legitimate public interest in | |
| 583 | - | obtaining the information. The disclosure of information | |
| 584 | 272 | ||
| 585 | 273 | ||
| 586 | - | that bears on the public duties of public employees and | |
| 587 | - | officials shall not be considered an invasion of personal | |
| 588 | - | privacy. | |
| 589 | - | (d) Records in the possession of any public body | |
| 590 | - | created in the course of administrative enforcement | |
| 591 | - | proceedings, and any law enforcement or correctional | |
| 592 | - | agency for law enforcement purposes, but only to the | |
| 593 | - | extent that disclosure would: | |
| 594 | - | (i) interfere with pending or actually and | |
| 595 | - | reasonably contemplated law enforcement proceedings | |
| 596 | - | conducted by any law enforcement or correctional | |
| 597 | - | agency that is the recipient of the request; | |
| 598 | - | (ii) interfere with active administrative | |
| 599 | - | enforcement proceedings conducted by the public body | |
| 600 | - | that is the recipient of the request; | |
| 601 | - | (iii) create a substantial likelihood that a | |
| 602 | - | person will be deprived of a fair trial or an impartial | |
| 603 | - | hearing; | |
| 604 | - | (iv) unavoidably disclose the identity of a | |
| 605 | - | confidential source, confidential information | |
| 606 | - | furnished only by the confidential source, or persons | |
| 607 | - | who file complaints with or provide information to | |
| 608 | - | administrative, investigative, law enforcement, or | |
| 609 | - | penal agencies; except that the identities of | |
| 610 | - | witnesses to traffic crashes, traffic crash reports, | |
| 611 | - | and rescue reports shall be provided by agencies of | |
| 274 | + | ||
| 275 | + | HB2039 Enrolled - 8 - LRB103 04768 CPF 49777 b | |
| 612 | 276 | ||
| 613 | 277 | ||
| 614 | - | local government, except when disclosure would | |
| 615 | - | interfere with an active criminal investigation | |
| 616 | - | conducted by the agency that is the recipient of the | |
| 617 | - | request; | |
| 618 | - | (v) disclose unique or specialized investigative | |
| 619 | - | techniques other than those generally used and known | |
| 620 | - | or disclose internal documents of correctional | |
| 621 | - | agencies related to detection, observation, or | |
| 622 | - | investigation of incidents of crime or misconduct, and | |
| 623 | - | disclosure would result in demonstrable harm to the | |
| 624 | - | agency or public body that is the recipient of the | |
| 625 | - | request; | |
| 626 | - | (vi) endanger the life or physical safety of law | |
| 627 | - | enforcement personnel or any other person; or | |
| 628 | - | (vii) obstruct an ongoing criminal investigation | |
| 629 | - | by the agency that is the recipient of the request. | |
| 630 | - | (d-5) A law enforcement record created for law | |
| 631 | - | enforcement purposes and contained in a shared electronic | |
| 632 | - | record management system if the law enforcement agency | |
| 633 | - | that is the recipient of the request did not create the | |
| 634 | - | record, did not participate in or have a role in any of the | |
| 635 | - | events which are the subject of the record, and only has | |
| 636 | - | access to the record through the shared electronic record | |
| 637 | - | management system. | |
| 638 | - | (d-6) Records contained in the Officer Professional | |
| 639 | - | Conduct Database under Section 9.2 of the Illinois Police | |
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| 280 | + | 1 (e-5) Records requested by persons committed to the | |
| 281 | + | 2 Department of Corrections, Department of Human Services | |
| 282 | + | 3 Division of Mental Health, or a county jail if those | |
| 283 | + | 4 materials are available in the library of the correctional | |
| 284 | + | 5 institution or facility or jail where the inmate is | |
| 285 | + | 6 confined. | |
| 286 | + | 7 (e-6) Records requested by persons committed to the | |
| 287 | + | 8 Department of Corrections, Department of Human Services | |
| 288 | + | 9 Division of Mental Health, or a county jail if those | |
| 289 | + | 10 materials include records from staff members' personnel | |
| 290 | + | 11 files, staff rosters, or other staffing assignment | |
| 291 | + | 12 information. | |
| 292 | + | 13 (e-7) Records requested by persons committed to the | |
| 293 | + | 14 Department of Corrections or Department of Human Services | |
| 294 | + | 15 Division of Mental Health if those materials are available | |
| 295 | + | 16 through an administrative request to the Department of | |
| 296 | + | 17 Corrections or Department of Human Services Division of | |
| 297 | + | 18 Mental Health. | |
| 298 | + | 19 (e-8) Records requested by a person committed to the | |
| 299 | + | 20 Department of Corrections, Department of Human Services | |
| 300 | + | 21 Division of Mental Health, or a county jail, the | |
| 301 | + | 22 disclosure of which would result in the risk of harm to any | |
| 302 | + | 23 person or the risk of an escape from a jail or correctional | |
| 303 | + | 24 institution or facility. | |
| 304 | + | 25 (e-9) Records requested by a person in a county jail | |
| 305 | + | 26 or committed to the Department of Corrections or | |
| 640 | 306 | ||
| 641 | 307 | ||
| 642 | - | Training Act, except to the extent authorized under that | |
| 643 | - | Section. This includes the documents supplied to the | |
| 644 | - | Illinois Law Enforcement Training Standards Board from the | |
| 645 | - | Illinois State Police and Illinois State Police Merit | |
| 646 | - | Board. | |
| 647 | - | (e) Records that relate to or affect the security of | |
| 648 | - | correctional institutions and detention facilities. | |
| 649 | - | (e-5) Records requested by persons committed to the | |
| 650 | - | Department of Corrections, Department of Human Services | |
| 651 | - | Division of Mental Health, or a county jail if those | |
| 652 | - | materials are available in the library of the correctional | |
| 653 | - | institution or facility or jail where the inmate is | |
| 654 | - | confined. | |
| 655 | - | (e-6) Records requested by persons committed to the | |
| 656 | - | Department of Corrections, Department of Human Services | |
| 657 | - | Division of Mental Health, or a county jail if those | |
| 658 | - | materials include records from staff members' personnel | |
| 659 | - | files, staff rosters, or other staffing assignment | |
| 660 | - | information. | |
| 661 | - | (e-7) Records requested by persons committed to the | |
| 662 | - | Department of Corrections or Department of Human Services | |
| 663 | - | Division of Mental Health if those materials are available | |
| 664 | - | through an administrative request to the Department of | |
| 665 | - | Corrections or Department of Human Services Division of | |
| 666 | - | Mental Health. | |
| 667 | - | (e-8) Records requested by a person committed to the | |
| 668 | 308 | ||
| 669 | 309 | ||
| 670 | - | Department of Corrections, Department of Human Services | |
| 671 | - | Division of Mental Health, or a county jail, the | |
| 672 | - | disclosure of which would result in the risk of harm to any | |
| 673 | - | person or the risk of an escape from a jail or correctional | |
| 674 | - | institution or facility. | |
| 675 | - | (e-9) Records requested by a person in a county jail | |
| 676 | - | or committed to the Department of Corrections or | |
| 677 | - | Department of Human Services Division of Mental Health, | |
| 678 | - | containing personal information pertaining to the person's | |
| 679 | - | victim or the victim's family, including, but not limited | |
| 680 | - | to, a victim's home address, home telephone number, work | |
| 681 | - | or school address, work telephone number, social security | |
| 682 | - | number, or any other identifying information, except as | |
| 683 | - | may be relevant to a requester's current or potential case | |
| 684 | - | or claim. | |
| 685 | - | (e-10) Law enforcement records of other persons | |
| 686 | - | requested by a person committed to the Department of | |
| 687 | - | Corrections, Department of Human Services Division of | |
| 688 | - | Mental Health, or a county jail, including, but not | |
| 689 | - | limited to, arrest and booking records, mug shots, and | |
| 690 | - | crime scene photographs, except as these records may be | |
| 691 | - | relevant to the requester's current or potential case or | |
| 692 | - | claim. | |
| 693 | - | (f) Preliminary drafts, notes, recommendations, | |
| 694 | - | memoranda, and other records in which opinions are | |
| 695 | - | expressed, or policies or actions are formulated, except | |
| 310 | + | ||
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| 696 | 312 | ||
| 697 | 313 | ||
| 698 | - | that a specific record or relevant portion of a record | |
| 699 | - | shall not be exempt when the record is publicly cited and | |
| 700 | - | identified by the head of the public body. The exemption | |
| 701 | - | provided in this paragraph (f) extends to all those | |
| 702 | - | records of officers and agencies of the General Assembly | |
| 703 | - | that pertain to the preparation of legislative documents. | |
| 704 | - | (g) Trade secrets and commercial or financial | |
| 705 | - | information obtained from a person or business where the | |
| 706 | - | trade secrets or commercial or financial information are | |
| 707 | - | furnished under a claim that they are proprietary, | |
| 708 | - | privileged, or confidential, and that disclosure of the | |
| 709 | - | trade secrets or commercial or financial information would | |
| 710 | - | cause competitive harm to the person or business, and only | |
| 711 | - | insofar as the claim directly applies to the records | |
| 712 | - | requested. | |
| 713 | - | The information included under this exemption includes | |
| 714 | - | all trade secrets and commercial or financial information | |
| 715 | - | obtained by a public body, including a public pension | |
| 716 | - | fund, from a private equity fund or a privately held | |
| 717 | - | company within the investment portfolio of a private | |
| 718 | - | equity fund as a result of either investing or evaluating | |
| 719 | - | a potential investment of public funds in a private equity | |
| 720 | - | fund. The exemption contained in this item does not apply | |
| 721 | - | to the aggregate financial performance information of a | |
| 722 | - | private equity fund, nor to the identity of the fund's | |
| 723 | - | managers or general partners. The exemption contained in | |
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| 316 | + | 1 Department of Human Services Division of Mental Health, | |
| 317 | + | 2 containing personal information pertaining to the person's | |
| 318 | + | 3 victim or the victim's family, including, but not limited | |
| 319 | + | 4 to, a victim's home address, home telephone number, work | |
| 320 | + | 5 or school address, work telephone number, social security | |
| 321 | + | 6 number, or any other identifying information, except as | |
| 322 | + | 7 may be relevant to a requester's current or potential case | |
| 323 | + | 8 or claim. | |
| 324 | + | 9 (e-10) Law enforcement records of other persons | |
| 325 | + | 10 requested by a person committed to the Department of | |
| 326 | + | 11 Corrections, Department of Human Services Division of | |
| 327 | + | 12 Mental Health, or a county jail, including, but not | |
| 328 | + | 13 limited to, arrest and booking records, mug shots, and | |
| 329 | + | 14 crime scene photographs, except as these records may be | |
| 330 | + | 15 relevant to the requester's current or potential case or | |
| 331 | + | 16 claim. | |
| 332 | + | 17 (f) Preliminary drafts, notes, recommendations, | |
| 333 | + | 18 memoranda, and other records in which opinions are | |
| 334 | + | 19 expressed, or policies or actions are formulated, except | |
| 335 | + | 20 that a specific record or relevant portion of a record | |
| 336 | + | 21 shall not be exempt when the record is publicly cited and | |
| 337 | + | 22 identified by the head of the public body. The exemption | |
| 338 | + | 23 provided in this paragraph (f) extends to all those | |
| 339 | + | 24 records of officers and agencies of the General Assembly | |
| 340 | + | 25 that pertain to the preparation of legislative documents. | |
| 341 | + | 26 (g) Trade secrets and commercial or financial | |
| 724 | 342 | ||
| 725 | 343 | ||
| 726 | - | this item does not apply to the identity of a privately | |
| 727 | - | held company within the investment portfolio of a private | |
| 728 | - | equity fund, unless the disclosure of the identity of a | |
| 729 | - | privately held company may cause competitive harm. | |
| 730 | - | Nothing contained in this paragraph (g) shall be | |
| 731 | - | construed to prevent a person or business from consenting | |
| 732 | - | to disclosure. | |
| 733 | - | (h) Proposals and bids for any contract, grant, or | |
| 734 | - | agreement, including information which if it were | |
| 735 | - | disclosed would frustrate procurement or give an advantage | |
| 736 | - | to any person proposing to enter into a contractor | |
| 737 | - | agreement with the body, until an award or final selection | |
| 738 | - | is made. Information prepared by or for the body in | |
| 739 | - | preparation of a bid solicitation shall be exempt until an | |
| 740 | - | award or final selection is made. | |
| 741 | - | (i) Valuable formulae, computer geographic systems, | |
| 742 | - | designs, drawings, and research data obtained or produced | |
| 743 | - | by any public body when disclosure could reasonably be | |
| 744 | - | expected to produce private gain or public loss. The | |
| 745 | - | exemption for "computer geographic systems" provided in | |
| 746 | - | this paragraph (i) does not extend to requests made by | |
| 747 | - | news media as defined in Section 2 of this Act when the | |
| 748 | - | requested information is not otherwise exempt and the only | |
| 749 | - | purpose of the request is to access and disseminate | |
| 750 | - | information regarding the health, safety, welfare, or | |
| 751 | - | legal rights of the general public. | |
| 752 | 344 | ||
| 753 | 345 | ||
| 754 | - | (j) The following information pertaining to | |
| 755 | - | educational matters: | |
| 756 | - | (i) test questions, scoring keys, and other | |
| 757 | - | examination data used to administer an academic | |
| 758 | - | examination; | |
| 759 | - | (ii) information received by a primary or | |
| 760 | - | secondary school, college, or university under its | |
| 761 | - | procedures for the evaluation of faculty members by | |
| 762 | - | their academic peers; | |
| 763 | - | (iii) information concerning a school or | |
| 764 | - | university's adjudication of student disciplinary | |
| 765 | - | cases, but only to the extent that disclosure would | |
| 766 | - | unavoidably reveal the identity of the student; and | |
| 767 | - | (iv) course materials or research materials used | |
| 768 | - | by faculty members. | |
| 769 | - | (k) Architects' plans, engineers' technical | |
| 770 | - | submissions, and other construction related technical | |
| 771 | - | documents for projects not constructed or developed in | |
| 772 | - | whole or in part with public funds and the same for | |
| 773 | - | projects constructed or developed with public funds, | |
| 774 | - | including, but not limited to, power generating and | |
| 775 | - | distribution stations and other transmission and | |
| 776 | - | distribution facilities, water treatment facilities, | |
| 777 | - | airport facilities, sport stadiums, convention centers, | |
| 778 | - | and all government owned, operated, or occupied buildings, | |
| 779 | - | but only to the extent that disclosure would compromise | |
| 346 | + | ||
| 347 | + | HB2039 Enrolled - 10 - LRB103 04768 CPF 49777 b | |
| 780 | 348 | ||
| 781 | 349 | ||
| 782 | - | security. | |
| 783 | - | (l) Minutes of meetings of public bodies closed to the | |
| 784 | - | public as provided in the Open Meetings Act until the | |
| 785 | - | public body makes the minutes available to the public | |
| 786 | - | under Section 2.06 of the Open Meetings Act. | |
| 787 | - | (m) Communications between a public body and an | |
| 788 | - | attorney or auditor representing the public body that | |
| 789 | - | would not be subject to discovery in litigation, and | |
| 790 | - | materials prepared or compiled by or for a public body in | |
| 791 | - | anticipation of a criminal, civil, or administrative | |
| 792 | - | proceeding upon the request of an attorney advising the | |
| 793 | - | public body, and materials prepared or compiled with | |
| 794 | - | respect to internal audits of public bodies. | |
| 795 | - | (n) Records relating to a public body's adjudication | |
| 796 | - | of employee grievances or disciplinary cases; however, | |
| 797 | - | this exemption shall not extend to the final outcome of | |
| 798 | - | cases in which discipline is imposed. | |
| 799 | - | (o) Administrative or technical information associated | |
| 800 | - | with automated data processing operations, including, but | |
| 801 | - | not limited to, software, operating protocols, computer | |
| 802 | - | program abstracts, file layouts, source listings, object | |
| 803 | - | modules, load modules, user guides, documentation | |
| 804 | - | pertaining to all logical and physical design of | |
| 805 | - | computerized systems, employee manuals, and any other | |
| 806 | - | information that, if disclosed, would jeopardize the | |
| 807 | - | security of the system or its data or the security of | |
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| 351 | + | HB2039 Enrolled - 11 - LRB103 04768 CPF 49777 b | |
| 352 | + | 1 information obtained from a person or business where the | |
| 353 | + | 2 trade secrets or commercial or financial information are | |
| 354 | + | 3 furnished under a claim that they are proprietary, | |
| 355 | + | 4 privileged, or confidential, and that disclosure of the | |
| 356 | + | 5 trade secrets or commercial or financial information would | |
| 357 | + | 6 cause competitive harm to the person or business, and only | |
| 358 | + | 7 insofar as the claim directly applies to the records | |
| 359 | + | 8 requested. | |
| 360 | + | 9 The information included under this exemption includes | |
| 361 | + | 10 all trade secrets and commercial or financial information | |
| 362 | + | 11 obtained by a public body, including a public pension | |
| 363 | + | 12 fund, from a private equity fund or a privately held | |
| 364 | + | 13 company within the investment portfolio of a private | |
| 365 | + | 14 equity fund as a result of either investing or evaluating | |
| 366 | + | 15 a potential investment of public funds in a private equity | |
| 367 | + | 16 fund. The exemption contained in this item does not apply | |
| 368 | + | 17 to the aggregate financial performance information of a | |
| 369 | + | 18 private equity fund, nor to the identity of the fund's | |
| 370 | + | 19 managers or general partners. The exemption contained in | |
| 371 | + | 20 this item does not apply to the identity of a privately | |
| 372 | + | 21 held company within the investment portfolio of a private | |
| 373 | + | 22 equity fund, unless the disclosure of the identity of a | |
| 374 | + | 23 privately held company may cause competitive harm. | |
| 375 | + | 24 Nothing contained in this paragraph (g) shall be | |
| 376 | + | 25 construed to prevent a person or business from consenting | |
| 377 | + | 26 to disclosure. | |
| 808 | 378 | ||
| 809 | 379 | ||
| 810 | - | materials exempt under this Section. | |
| 811 | - | (p) Records relating to collective negotiating matters | |
| 812 | - | between public bodies and their employees or | |
| 813 | - | representatives, except that any final contract or | |
| 814 | - | agreement shall be subject to inspection and copying. | |
| 815 | - | (q) Test questions, scoring keys, and other | |
| 816 | - | examination data used to determine the qualifications of | |
| 817 | - | an applicant for a license or employment. | |
| 818 | - | (r) The records, documents, and information relating | |
| 819 | - | to real estate purchase negotiations until those | |
| 820 | - | negotiations have been completed or otherwise terminated. | |
| 821 | - | With regard to a parcel involved in a pending or actually | |
| 822 | - | and reasonably contemplated eminent domain proceeding | |
| 823 | - | under the Eminent Domain Act, records, documents, and | |
| 824 | - | information relating to that parcel shall be exempt except | |
| 825 | - | as may be allowed under discovery rules adopted by the | |
| 826 | - | Illinois Supreme Court. The records, documents, and | |
| 827 | - | information relating to a real estate sale shall be exempt | |
| 828 | - | until a sale is consummated. | |
| 829 | - | (s) Any and all proprietary information and records | |
| 830 | - | related to the operation of an intergovernmental risk | |
| 831 | - | management association or self-insurance pool or jointly | |
| 832 | - | self-administered health and accident cooperative or pool. | |
| 833 | - | Insurance or self-insurance self insurance (including any | |
| 834 | - | intergovernmental risk management association or | |
| 835 | - | self-insurance self insurance pool) claims, loss or risk | |
| 836 | 380 | ||
| 837 | 381 | ||
| 838 | - | management information, records, data, advice, or | |
| 839 | - | communications. | |
| 840 | - | (t) Information contained in or related to | |
| 841 | - | examination, operating, or condition reports prepared by, | |
| 842 | - | on behalf of, or for the use of a public body responsible | |
| 843 | - | for the regulation or supervision of financial | |
| 844 | - | institutions, insurance companies, or pharmacy benefit | |
| 845 | - | managers, unless disclosure is otherwise required by State | |
| 846 | - | law. | |
| 847 | - | (u) Information that would disclose or might lead to | |
| 848 | - | the disclosure of secret or confidential information, | |
| 849 | - | codes, algorithms, programs, or private keys intended to | |
| 850 | - | be used to create electronic signatures under the Uniform | |
| 851 | - | Electronic Transactions Act. | |
| 852 | - | (v) Vulnerability assessments, security measures, and | |
| 853 | - | response policies or plans that are designed to identify, | |
| 854 | - | prevent, or respond to potential attacks upon a | |
| 855 | - | community's population or systems, facilities, or | |
| 856 | - | installations, but only to the extent that disclosure | |
| 857 | - | could reasonably be expected to expose the vulnerability | |
| 858 | - | or jeopardize the effectiveness of the measures, policies, | |
| 859 | - | or plans, or the safety of the personnel who implement | |
| 860 | - | them or the public. Information exempt under this item may | |
| 861 | - | include such things as details pertaining to the | |
| 862 | - | mobilization or deployment of personnel or equipment, to | |
| 863 | - | the operation of communication systems or protocols, to | |
| 382 | + | ||
| 383 | + | HB2039 Enrolled - 11 - LRB103 04768 CPF 49777 b | |
| 864 | 384 | ||
| 865 | 385 | ||
| 866 | - | cybersecurity vulnerabilities, or to tactical operations. | |
| 867 | - | (w) (Blank). | |
| 868 | - | (x) Maps and other records regarding the location or | |
| 869 | - | security of generation, transmission, distribution, | |
| 870 | - | storage, gathering, treatment, or switching facilities | |
| 871 | - | owned by a utility, by a power generator, or by the | |
| 872 | - | Illinois Power Agency. | |
| 873 | - | (y) Information contained in or related to proposals, | |
| 874 | - | bids, or negotiations related to electric power | |
| 875 | - | procurement under Section 1-75 of the Illinois Power | |
| 876 | - | Agency Act and Section 16-111.5 of the Public Utilities | |
| 877 | - | Act that is determined to be confidential and proprietary | |
| 878 | - | by the Illinois Power Agency or by the Illinois Commerce | |
| 879 | - | Commission. | |
| 880 | - | (z) Information about students exempted from | |
| 881 | - | disclosure under Section Sections 10-20.38 or 34-18.29 of | |
| 882 | - | the School Code, and information about undergraduate | |
| 883 | - | students enrolled at an institution of higher education | |
| 884 | - | exempted from disclosure under Section 25 of the Illinois | |
| 885 | - | Credit Card Marketing Act of 2009. | |
| 886 | - | (aa) Information the disclosure of which is exempted | |
| 887 | - | under the Viatical Settlements Act of 2009. | |
| 888 | - | (bb) Records and information provided to a mortality | |
| 889 | - | review team and records maintained by a mortality review | |
| 890 | - | team appointed under the Department of Juvenile Justice | |
| 891 | - | Mortality Review Team Act. | |
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| 387 | + | HB2039 Enrolled - 12 - LRB103 04768 CPF 49777 b | |
| 388 | + | 1 (h) Proposals and bids for any contract, grant, or | |
| 389 | + | 2 agreement, including information which if it were | |
| 390 | + | 3 disclosed would frustrate procurement or give an advantage | |
| 391 | + | 4 to any person proposing to enter into a contractor | |
| 392 | + | 5 agreement with the body, until an award or final selection | |
| 393 | + | 6 is made. Information prepared by or for the body in | |
| 394 | + | 7 preparation of a bid solicitation shall be exempt until an | |
| 395 | + | 8 award or final selection is made. | |
| 396 | + | 9 (i) Valuable formulae, computer geographic systems, | |
| 397 | + | 10 designs, drawings, and research data obtained or produced | |
| 398 | + | 11 by any public body when disclosure could reasonably be | |
| 399 | + | 12 expected to produce private gain or public loss. The | |
| 400 | + | 13 exemption for "computer geographic systems" provided in | |
| 401 | + | 14 this paragraph (i) does not extend to requests made by | |
| 402 | + | 15 news media as defined in Section 2 of this Act when the | |
| 403 | + | 16 requested information is not otherwise exempt and the only | |
| 404 | + | 17 purpose of the request is to access and disseminate | |
| 405 | + | 18 information regarding the health, safety, welfare, or | |
| 406 | + | 19 legal rights of the general public. | |
| 407 | + | 20 (j) The following information pertaining to | |
| 408 | + | 21 educational matters: | |
| 409 | + | 22 (i) test questions, scoring keys, and other | |
| 410 | + | 23 examination data used to administer an academic | |
| 411 | + | 24 examination; | |
| 412 | + | 25 (ii) information received by a primary or | |
| 413 | + | 26 secondary school, college, or university under its | |
| 892 | 414 | ||
| 893 | 415 | ||
| 894 | - | (cc) Information regarding interments, entombments, or | |
| 895 | - | inurnments of human remains that are submitted to the | |
| 896 | - | Cemetery Oversight Database under the Cemetery Care Act or | |
| 897 | - | the Cemetery Oversight Act, whichever is applicable. | |
| 898 | - | (dd) Correspondence and records (i) that may not be | |
| 899 | - | disclosed under Section 11-9 of the Illinois Public Aid | |
| 900 | - | Code or (ii) that pertain to appeals under Section 11-8 of | |
| 901 | - | the Illinois Public Aid Code. | |
| 902 | - | (ee) The names, addresses, or other personal | |
| 903 | - | information of persons who are minors and are also | |
| 904 | - | participants and registrants in programs of park | |
| 905 | - | districts, forest preserve districts, conservation | |
| 906 | - | districts, recreation agencies, and special recreation | |
| 907 | - | associations. | |
| 908 | - | (ff) The names, addresses, or other personal | |
| 909 | - | information of participants and registrants in programs of | |
| 910 | - | park districts, forest preserve districts, conservation | |
| 911 | - | districts, recreation agencies, and special recreation | |
| 912 | - | associations where such programs are targeted primarily to | |
| 913 | - | minors. | |
| 914 | - | (gg) Confidential information described in Section | |
| 915 | - | 1-100 of the Illinois Independent Tax Tribunal Act of | |
| 916 | - | 2012. | |
| 917 | - | (hh) The report submitted to the State Board of | |
| 918 | - | Education by the School Security and Standards Task Force | |
| 919 | - | under item (8) of subsection (d) of Section 2-3.160 of the | |
| 920 | 416 | ||
| 921 | 417 | ||
| 922 | - | School Code and any information contained in that report. | |
| 923 | - | (ii) Records requested by persons committed to or | |
| 924 | - | detained by the Department of Human Services under the | |
| 925 | - | Sexually Violent Persons Commitment Act or committed to | |
| 926 | - | the Department of Corrections under the Sexually Dangerous | |
| 927 | - | Persons Act if those materials: (i) are available in the | |
| 928 | - | library of the facility where the individual is confined; | |
| 929 | - | (ii) include records from staff members' personnel files, | |
| 930 | - | staff rosters, or other staffing assignment information; | |
| 931 | - | or (iii) are available through an administrative request | |
| 932 | - | to the Department of Human Services or the Department of | |
| 933 | - | Corrections. | |
| 934 | - | (jj) Confidential information described in Section | |
| 935 | - | 5-535 of the Civil Administrative Code of Illinois. | |
| 936 | - | (kk) The public body's credit card numbers, debit card | |
| 937 | - | numbers, bank account numbers, Federal Employer | |
| 938 | - | Identification Number, security code numbers, passwords, | |
| 939 | - | and similar account information, the disclosure of which | |
| 940 | - | could result in identity theft or impression or defrauding | |
| 941 | - | of a governmental entity or a person. | |
| 942 | - | (ll) Records concerning the work of the threat | |
| 943 | - | assessment team of a school district, including, but not | |
| 944 | - | limited to, any threat assessment procedure under the | |
| 945 | - | School Safety Drill Act and any information contained in | |
| 946 | - | the procedure. | |
| 947 | - | (mm) Information prohibited from being disclosed under | |
| 418 | + | ||
| 419 | + | HB2039 Enrolled - 12 - LRB103 04768 CPF 49777 b | |
| 948 | 420 | ||
| 949 | 421 | ||
| 950 | - | subsections (a) and (b) of Section 15 of the Student | |
| 951 | - | Confidential Reporting Act. | |
| 952 | - | (nn) (mm) Proprietary information submitted to the | |
| 953 | - | Environmental Protection Agency under the Drug Take-Back | |
| 954 | - | Act. | |
| 955 | - | (oo) (mm) Records described in subsection (f) of | |
| 956 | - | Section 3-5-1 of the Unified Code of Corrections. | |
| 957 | - | (pp) Information obtained by a certified local health | |
| 958 | - | department under the Access to Public Health Data Act. | |
| 959 | - | (1.5) Any information exempt from disclosure under the | |
| 960 | - | Judicial Privacy Act shall be redacted from public records | |
| 961 | - | prior to disclosure under this Act. | |
| 962 | - | (2) A public record that is not in the possession of a | |
| 963 | - | public body but is in the possession of a party with whom the | |
| 964 | - | agency has contracted to perform a governmental function on | |
| 965 | - | behalf of the public body, and that directly relates to the | |
| 966 | - | governmental function and is not otherwise exempt under this | |
| 967 | - | Act, shall be considered a public record of the public body, | |
| 968 | - | for purposes of this Act. | |
| 969 | - | (3) This Section does not authorize withholding of | |
| 970 | - | information or limit the availability of records to the | |
| 971 | - | public, except as stated in this Section or otherwise provided | |
| 972 | - | in this Act. | |
| 973 | - | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | |
| 974 | - | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | |
| 975 | - | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | |
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| 423 | + | HB2039 Enrolled - 13 - LRB103 04768 CPF 49777 b | |
| 424 | + | 1 procedures for the evaluation of faculty members by | |
| 425 | + | 2 their academic peers; | |
| 426 | + | 3 (iii) information concerning a school or | |
| 427 | + | 4 university's adjudication of student disciplinary | |
| 428 | + | 5 cases, but only to the extent that disclosure would | |
| 429 | + | 6 unavoidably reveal the identity of the student; and | |
| 430 | + | 7 (iv) course materials or research materials used | |
| 431 | + | 8 by faculty members. | |
| 432 | + | 9 (k) Architects' plans, engineers' technical | |
| 433 | + | 10 submissions, and other construction related technical | |
| 434 | + | 11 documents for projects not constructed or developed in | |
| 435 | + | 12 whole or in part with public funds and the same for | |
| 436 | + | 13 projects constructed or developed with public funds, | |
| 437 | + | 14 including, but not limited to, power generating and | |
| 438 | + | 15 distribution stations and other transmission and | |
| 439 | + | 16 distribution facilities, water treatment facilities, | |
| 440 | + | 17 airport facilities, sport stadiums, convention centers, | |
| 441 | + | 18 and all government owned, operated, or occupied buildings, | |
| 442 | + | 19 but only to the extent that disclosure would compromise | |
| 443 | + | 20 security. | |
| 444 | + | 21 (l) Minutes of meetings of public bodies closed to the | |
| 445 | + | 22 public as provided in the Open Meetings Act until the | |
| 446 | + | 23 public body makes the minutes available to the public | |
| 447 | + | 24 under Section 2.06 of the Open Meetings Act. | |
| 448 | + | 25 (m) Communications between a public body and an | |
| 449 | + | 26 attorney or auditor representing the public body that | |
| 976 | 450 | ||
| 977 | 451 | ||
| 978 | - | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | |
| 979 | - | 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | |
| 980 | - | 6-10-22; revised 12-13-22.) | |
| 981 | - | Section 905. The Vital Records Act is amended by changing | |
| 982 | - | Section 24 as follows: | |
| 983 | - | (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24) | |
| 984 | - | Sec. 24. (1) To protect the integrity of vital records, to | |
| 985 | - | insure their proper use, and to insure the efficient and | |
| 986 | - | proper administration of the vital records system, access to | |
| 987 | - | vital records, and indexes thereof, including vital records in | |
| 988 | - | the custody of local registrars and county clerks originating | |
| 989 | - | prior to January 1, 1916, is limited to the custodian and his | |
| 990 | - | employees, and then only for administrative purposes, except | |
| 991 | - | that the indexes of those records in the custody of local | |
| 992 | - | registrars and county clerks, originating prior to January 1, | |
| 993 | - | 1916, shall be made available to persons for the purpose of | |
| 994 | - | genealogical research. Original, photographic or | |
| 995 | - | microphotographic reproductions of original records of births | |
| 996 | - | 100 years old and older and deaths 50 years old and older, and | |
| 997 | - | marriage records 75 years old and older on file in the State | |
| 998 | - | Office of Vital Records and in the custody of the county clerks | |
| 999 | - | may be made available for inspection in the Illinois State | |
| 1000 | - | Archives reference area, Illinois Regional Archives | |
| 1001 | - | Depositories, and other libraries approved by the Illinois | |
| 1002 | 452 | ||
| 1003 | 453 | ||
| 1004 | - | State Registrar and the Director of the Illinois State | |
| 1005 | - | Archives, provided that the photographic or microphotographic | |
| 1006 | - | copies are made at no cost to the county or to the State of | |
| 1007 | - | Illinois. It is unlawful for any custodian to permit | |
| 1008 | - | inspection of, or to disclose information contained in, vital | |
| 1009 | - | records, or to copy or permit to be copied, all or part of any | |
| 1010 | - | such record except as authorized by this Act or regulations | |
| 1011 | - | adopted pursuant thereto. | |
| 1012 | - | (2) The State Registrar of Vital Records, or his agent, | |
| 1013 | - | and any municipal, county, multi-county, public health | |
| 1014 | - | district, or regional health officer recognized by the | |
| 1015 | - | Department may examine vital records for the purpose only of | |
| 1016 | - | carrying out the public health programs and responsibilities | |
| 1017 | - | under his jurisdiction. | |
| 1018 | - | (3) The State Registrar of Vital Records, may disclose, or | |
| 1019 | - | authorize the disclosure of, data contained in the vital | |
| 1020 | - | records when deemed essential for bona fide research purposes | |
| 1021 | - | which are not for private gain. | |
| 1022 | - | This amendatory Act of 1973 does not apply to any home rule | |
| 1023 | - | unit. | |
| 1024 | - | (4) The State Registrar shall exchange with the Department | |
| 1025 | - | of Healthcare and Family Services information that may be | |
| 1026 | - | necessary for the establishment of paternity and the | |
| 1027 | - | establishment, modification, and enforcement of child support | |
| 1028 | - | orders entered pursuant to the Illinois Public Aid Code, the | |
| 1029 | - | Illinois Marriage and Dissolution of Marriage Act, the | |
| 454 | + | ||
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| 1030 | 456 | ||
| 1031 | 457 | ||
| 1032 | - | Non-Support of Spouse and Children Act, the Non-Support | |
| 1033 | - | Punishment Act, the Revised Uniform Reciprocal Enforcement of | |
| 1034 | - | Support Act, the Uniform Interstate Family Support Act, the | |
| 1035 | - | Illinois Parentage Act of 1984, or the Illinois Parentage Act | |
| 1036 | - | of 2015. Notwithstanding any provisions in this Act to the | |
| 1037 | - | contrary, the State Registrar shall not be liable to any | |
| 1038 | - | person for any disclosure of information to the Department of | |
| 1039 | - | Healthcare and Family Services (formerly Illinois Department | |
| 1040 | - | of Public Aid) under this subsection or for any other action | |
| 1041 | - | taken in good faith to comply with the requirements of this | |
| 1042 | - | subsection. | |
| 1043 | - | (5) No rule adopted by the Department shall be construed, | |
| 1044 | - | either explicitly or implicitly, as restricting access to | |
| 1045 | - | vital records by any municipality, county, multicounty, public | |
| 1046 | - | health district, or regional health officer recognized by the | |
| 1047 | - | Department for the purposes described in subsections (2) and | |
| 1048 | - | (3). | |
| 1049 | - | (Source: P.A. 99-85, eff. 1-1-16.) | |
| 1050 | - | Section 995. No acceleration or delay. Where this Act | |
| 1051 | - | makes changes in a statute that is represented in this Act by | |
| 1052 | - | text that is not yet or no longer in effect (for example, a | |
| 1053 | - | Section represented by multiple versions), the use of that | |
| 1054 | - | text does not accelerate or delay the taking effect of (i) the | |
| 1055 | - | changes made by this Act or (ii) provisions derived from any | |
| 1056 | - | other Public Act. | |
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| 459 | + | HB2039 Enrolled - 14 - LRB103 04768 CPF 49777 b | |
| 460 | + | 1 would not be subject to discovery in litigation, and | |
| 461 | + | 2 materials prepared or compiled by or for a public body in | |
| 462 | + | 3 anticipation of a criminal, civil, or administrative | |
| 463 | + | 4 proceeding upon the request of an attorney advising the | |
| 464 | + | 5 public body, and materials prepared or compiled with | |
| 465 | + | 6 respect to internal audits of public bodies. | |
| 466 | + | 7 (n) Records relating to a public body's adjudication | |
| 467 | + | 8 of employee grievances or disciplinary cases; however, | |
| 468 | + | 9 this exemption shall not extend to the final outcome of | |
| 469 | + | 10 cases in which discipline is imposed. | |
| 470 | + | 11 (o) Administrative or technical information associated | |
| 471 | + | 12 with automated data processing operations, including, but | |
| 472 | + | 13 not limited to, software, operating protocols, computer | |
| 473 | + | 14 program abstracts, file layouts, source listings, object | |
| 474 | + | 15 modules, load modules, user guides, documentation | |
| 475 | + | 16 pertaining to all logical and physical design of | |
| 476 | + | 17 computerized systems, employee manuals, and any other | |
| 477 | + | 18 information that, if disclosed, would jeopardize the | |
| 478 | + | 19 security of the system or its data or the security of | |
| 479 | + | 20 materials exempt under this Section. | |
| 480 | + | 21 (p) Records relating to collective negotiating matters | |
| 481 | + | 22 between public bodies and their employees or | |
| 482 | + | 23 representatives, except that any final contract or | |
| 483 | + | 24 agreement shall be subject to inspection and copying. | |
| 484 | + | 25 (q) Test questions, scoring keys, and other | |
| 485 | + | 26 examination data used to determine the qualifications of | |
| 486 | + | ||
| 487 | + | ||
| 488 | + | ||
| 489 | + | ||
| 490 | + | ||
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| 492 | + | ||
| 493 | + | ||
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| 495 | + | HB2039 Enrolled - 15 - LRB103 04768 CPF 49777 b | |
| 496 | + | 1 an applicant for a license or employment. | |
| 497 | + | 2 (r) The records, documents, and information relating | |
| 498 | + | 3 to real estate purchase negotiations until those | |
| 499 | + | 4 negotiations have been completed or otherwise terminated. | |
| 500 | + | 5 With regard to a parcel involved in a pending or actually | |
| 501 | + | 6 and reasonably contemplated eminent domain proceeding | |
| 502 | + | 7 under the Eminent Domain Act, records, documents, and | |
| 503 | + | 8 information relating to that parcel shall be exempt except | |
| 504 | + | 9 as may be allowed under discovery rules adopted by the | |
| 505 | + | 10 Illinois Supreme Court. The records, documents, and | |
| 506 | + | 11 information relating to a real estate sale shall be exempt | |
| 507 | + | 12 until a sale is consummated. | |
| 508 | + | 13 (s) Any and all proprietary information and records | |
| 509 | + | 14 related to the operation of an intergovernmental risk | |
| 510 | + | 15 management association or self-insurance pool or jointly | |
| 511 | + | 16 self-administered health and accident cooperative or pool. | |
| 512 | + | 17 Insurance or self-insurance self insurance (including any | |
| 513 | + | 18 intergovernmental risk management association or | |
| 514 | + | 19 self-insurance self insurance pool) claims, loss or risk | |
| 515 | + | 20 management information, records, data, advice, or | |
| 516 | + | 21 communications. | |
| 517 | + | 22 (t) Information contained in or related to | |
| 518 | + | 23 examination, operating, or condition reports prepared by, | |
| 519 | + | 24 on behalf of, or for the use of a public body responsible | |
| 520 | + | 25 for the regulation or supervision of financial | |
| 521 | + | 26 institutions, insurance companies, or pharmacy benefit | |
| 522 | + | ||
| 523 | + | ||
| 524 | + | ||
| 525 | + | ||
| 526 | + | ||
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| 528 | + | ||
| 529 | + | ||
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| 531 | + | HB2039 Enrolled - 16 - LRB103 04768 CPF 49777 b | |
| 532 | + | 1 managers, unless disclosure is otherwise required by State | |
| 533 | + | 2 law. | |
| 534 | + | 3 (u) Information that would disclose or might lead to | |
| 535 | + | 4 the disclosure of secret or confidential information, | |
| 536 | + | 5 codes, algorithms, programs, or private keys intended to | |
| 537 | + | 6 be used to create electronic signatures under the Uniform | |
| 538 | + | 7 Electronic Transactions Act. | |
| 539 | + | 8 (v) Vulnerability assessments, security measures, and | |
| 540 | + | 9 response policies or plans that are designed to identify, | |
| 541 | + | 10 prevent, or respond to potential attacks upon a | |
| 542 | + | 11 community's population or systems, facilities, or | |
| 543 | + | 12 installations, but only to the extent that disclosure | |
| 544 | + | 13 could reasonably be expected to expose the vulnerability | |
| 545 | + | 14 or jeopardize the effectiveness of the measures, policies, | |
| 546 | + | 15 or plans, or the safety of the personnel who implement | |
| 547 | + | 16 them or the public. Information exempt under this item may | |
| 548 | + | 17 include such things as details pertaining to the | |
| 549 | + | 18 mobilization or deployment of personnel or equipment, to | |
| 550 | + | 19 the operation of communication systems or protocols, to | |
| 551 | + | 20 cybersecurity vulnerabilities, or to tactical operations. | |
| 552 | + | 21 (w) (Blank). | |
| 553 | + | 22 (x) Maps and other records regarding the location or | |
| 554 | + | 23 security of generation, transmission, distribution, | |
| 555 | + | 24 storage, gathering, treatment, or switching facilities | |
| 556 | + | 25 owned by a utility, by a power generator, or by the | |
| 557 | + | 26 Illinois Power Agency. | |
| 558 | + | ||
| 559 | + | ||
| 560 | + | ||
| 561 | + | ||
| 562 | + | ||
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| 564 | + | ||
| 565 | + | ||
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| 567 | + | HB2039 Enrolled - 17 - LRB103 04768 CPF 49777 b | |
| 568 | + | 1 (y) Information contained in or related to proposals, | |
| 569 | + | 2 bids, or negotiations related to electric power | |
| 570 | + | 3 procurement under Section 1-75 of the Illinois Power | |
| 571 | + | 4 Agency Act and Section 16-111.5 of the Public Utilities | |
| 572 | + | 5 Act that is determined to be confidential and proprietary | |
| 573 | + | 6 by the Illinois Power Agency or by the Illinois Commerce | |
| 574 | + | 7 Commission. | |
| 575 | + | 8 (z) Information about students exempted from | |
| 576 | + | 9 disclosure under Section Sections 10-20.38 or 34-18.29 of | |
| 577 | + | 10 the School Code, and information about undergraduate | |
| 578 | + | 11 students enrolled at an institution of higher education | |
| 579 | + | 12 exempted from disclosure under Section 25 of the Illinois | |
| 580 | + | 13 Credit Card Marketing Act of 2009. | |
| 581 | + | 14 (aa) Information the disclosure of which is exempted | |
| 582 | + | 15 under the Viatical Settlements Act of 2009. | |
| 583 | + | 16 (bb) Records and information provided to a mortality | |
| 584 | + | 17 review team and records maintained by a mortality review | |
| 585 | + | 18 team appointed under the Department of Juvenile Justice | |
| 586 | + | 19 Mortality Review Team Act. | |
| 587 | + | 20 (cc) Information regarding interments, entombments, or | |
| 588 | + | 21 inurnments of human remains that are submitted to the | |
| 589 | + | 22 Cemetery Oversight Database under the Cemetery Care Act or | |
| 590 | + | 23 the Cemetery Oversight Act, whichever is applicable. | |
| 591 | + | 24 (dd) Correspondence and records (i) that may not be | |
| 592 | + | 25 disclosed under Section 11-9 of the Illinois Public Aid | |
| 593 | + | 26 Code or (ii) that pertain to appeals under Section 11-8 of | |
| 594 | + | ||
| 595 | + | ||
| 596 | + | ||
| 597 | + | ||
| 598 | + | ||
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| 600 | + | ||
| 601 | + | ||
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| 603 | + | HB2039 Enrolled - 18 - LRB103 04768 CPF 49777 b | |
| 604 | + | 1 the Illinois Public Aid Code. | |
| 605 | + | 2 (ee) The names, addresses, or other personal | |
| 606 | + | 3 information of persons who are minors and are also | |
| 607 | + | 4 participants and registrants in programs of park | |
| 608 | + | 5 districts, forest preserve districts, conservation | |
| 609 | + | 6 districts, recreation agencies, and special recreation | |
| 610 | + | 7 associations. | |
| 611 | + | 8 (ff) The names, addresses, or other personal | |
| 612 | + | 9 information of participants and registrants in programs of | |
| 613 | + | 10 park districts, forest preserve districts, conservation | |
| 614 | + | 11 districts, recreation agencies, and special recreation | |
| 615 | + | 12 associations where such programs are targeted primarily to | |
| 616 | + | 13 minors. | |
| 617 | + | 14 (gg) Confidential information described in Section | |
| 618 | + | 15 1-100 of the Illinois Independent Tax Tribunal Act of | |
| 619 | + | 16 2012. | |
| 620 | + | 17 (hh) The report submitted to the State Board of | |
| 621 | + | 18 Education by the School Security and Standards Task Force | |
| 622 | + | 19 under item (8) of subsection (d) of Section 2-3.160 of the | |
| 623 | + | 20 School Code and any information contained in that report. | |
| 624 | + | 21 (ii) Records requested by persons committed to or | |
| 625 | + | 22 detained by the Department of Human Services under the | |
| 626 | + | 23 Sexually Violent Persons Commitment Act or committed to | |
| 627 | + | 24 the Department of Corrections under the Sexually Dangerous | |
| 628 | + | 25 Persons Act if those materials: (i) are available in the | |
| 629 | + | 26 library of the facility where the individual is confined; | |
| 630 | + | ||
| 631 | + | ||
| 632 | + | ||
| 633 | + | ||
| 634 | + | ||
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| 636 | + | ||
| 637 | + | ||
| 638 | + | HB2039 Enrolled- 19 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 19 - LRB103 04768 CPF 49777 b | |
| 639 | + | HB2039 Enrolled - 19 - LRB103 04768 CPF 49777 b | |
| 640 | + | 1 (ii) include records from staff members' personnel files, | |
| 641 | + | 2 staff rosters, or other staffing assignment information; | |
| 642 | + | 3 or (iii) are available through an administrative request | |
| 643 | + | 4 to the Department of Human Services or the Department of | |
| 644 | + | 5 Corrections. | |
| 645 | + | 6 (jj) Confidential information described in Section | |
| 646 | + | 7 5-535 of the Civil Administrative Code of Illinois. | |
| 647 | + | 8 (kk) The public body's credit card numbers, debit card | |
| 648 | + | 9 numbers, bank account numbers, Federal Employer | |
| 649 | + | 10 Identification Number, security code numbers, passwords, | |
| 650 | + | 11 and similar account information, the disclosure of which | |
| 651 | + | 12 could result in identity theft or impression or defrauding | |
| 652 | + | 13 of a governmental entity or a person. | |
| 653 | + | 14 (ll) Records concerning the work of the threat | |
| 654 | + | 15 assessment team of a school district, including, but not | |
| 655 | + | 16 limited to, any threat assessment procedure under the | |
| 656 | + | 17 School Safety Drill Act and any information contained in | |
| 657 | + | 18 the procedure. | |
| 658 | + | 19 (mm) Information prohibited from being disclosed under | |
| 659 | + | 20 subsections (a) and (b) of Section 15 of the Student | |
| 660 | + | 21 Confidential Reporting Act. | |
| 661 | + | 22 (nn) (mm) Proprietary information submitted to the | |
| 662 | + | 23 Environmental Protection Agency under the Drug Take-Back | |
| 663 | + | 24 Act. | |
| 664 | + | 25 (oo) (mm) Records described in subsection (f) of | |
| 665 | + | 26 Section 3-5-1 of the Unified Code of Corrections. | |
| 666 | + | ||
| 667 | + | ||
| 668 | + | ||
| 669 | + | ||
| 670 | + | ||
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| 672 | + | ||
| 673 | + | ||
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| 675 | + | HB2039 Enrolled - 20 - LRB103 04768 CPF 49777 b | |
| 676 | + | 1 (1.5) Any information exempt from disclosure under the | |
| 677 | + | 2 Judicial Privacy Act shall be redacted from public records | |
| 678 | + | 3 prior to disclosure under this Act. | |
| 679 | + | 4 (2) A public record that is not in the possession of a | |
| 680 | + | 5 public body but is in the possession of a party with whom the | |
| 681 | + | 6 agency has contracted to perform a governmental function on | |
| 682 | + | 7 behalf of the public body, and that directly relates to the | |
| 683 | + | 8 governmental function and is not otherwise exempt under this | |
| 684 | + | 9 Act, shall be considered a public record of the public body, | |
| 685 | + | 10 for purposes of this Act. | |
| 686 | + | 11 (3) This Section does not authorize withholding of | |
| 687 | + | 12 information or limit the availability of records to the | |
| 688 | + | 13 public, except as stated in this Section or otherwise provided | |
| 689 | + | 14 in this Act. | |
| 690 | + | 15 (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | |
| 691 | + | 16 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | |
| 692 | + | 17 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | |
| 693 | + | 18 eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | |
| 694 | + | 19 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | |
| 695 | + | 20 12-13-22.) | |
| 696 | + | 21 (Text of Section after amendment by P.A. 102-982) | |
| 697 | + | 22 Sec. 7. Exemptions. | |
| 698 | + | 23 (1) When a request is made to inspect or copy a public | |
| 699 | + | 24 record that contains information that is exempt from | |
| 700 | + | 25 disclosure under this Section, but also contains information | |
| 701 | + | ||
| 702 | + | ||
| 703 | + | ||
| 704 | + | ||
| 705 | + | ||
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| 707 | + | ||
| 708 | + | ||
| 709 | + | HB2039 Enrolled- 21 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 21 - LRB103 04768 CPF 49777 b | |
| 710 | + | HB2039 Enrolled - 21 - LRB103 04768 CPF 49777 b | |
| 711 | + | 1 that is not exempt from disclosure, the public body may elect | |
| 712 | + | 2 to redact the information that is exempt. The public body | |
| 713 | + | 3 shall make the remaining information available for inspection | |
| 714 | + | 4 and copying. Subject to this requirement, the following shall | |
| 715 | + | 5 be exempt from inspection and copying: | |
| 716 | + | 6 (a) Information specifically prohibited from | |
| 717 | + | 7 disclosure by federal or State law or rules and | |
| 718 | + | 8 regulations implementing federal or State law. | |
| 719 | + | 9 (b) Private information, unless disclosure is required | |
| 720 | + | 10 by another provision of this Act, a State or federal law, | |
| 721 | + | 11 or a court order. | |
| 722 | + | 12 (b-5) Files, documents, and other data or databases | |
| 723 | + | 13 maintained by one or more law enforcement agencies and | |
| 724 | + | 14 specifically designed to provide information to one or | |
| 725 | + | 15 more law enforcement agencies regarding the physical or | |
| 726 | + | 16 mental status of one or more individual subjects. | |
| 727 | + | 17 (c) Personal information contained within public | |
| 728 | + | 18 records, the disclosure of which would constitute a | |
| 729 | + | 19 clearly unwarranted invasion of personal privacy, unless | |
| 730 | + | 20 the disclosure is consented to in writing by the | |
| 731 | + | 21 individual subjects of the information. "Unwarranted | |
| 732 | + | 22 invasion of personal privacy" means the disclosure of | |
| 733 | + | 23 information that is highly personal or objectionable to a | |
| 734 | + | 24 reasonable person and in which the subject's right to | |
| 735 | + | 25 privacy outweighs any legitimate public interest in | |
| 736 | + | 26 obtaining the information. The disclosure of information | |
| 737 | + | ||
| 738 | + | ||
| 739 | + | ||
| 740 | + | ||
| 741 | + | ||
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| 743 | + | ||
| 744 | + | ||
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| 746 | + | HB2039 Enrolled - 22 - LRB103 04768 CPF 49777 b | |
| 747 | + | 1 that bears on the public duties of public employees and | |
| 748 | + | 2 officials shall not be considered an invasion of personal | |
| 749 | + | 3 privacy. | |
| 750 | + | 4 (d) Records in the possession of any public body | |
| 751 | + | 5 created in the course of administrative enforcement | |
| 752 | + | 6 proceedings, and any law enforcement or correctional | |
| 753 | + | 7 agency for law enforcement purposes, but only to the | |
| 754 | + | 8 extent that disclosure would: | |
| 755 | + | 9 (i) interfere with pending or actually and | |
| 756 | + | 10 reasonably contemplated law enforcement proceedings | |
| 757 | + | 11 conducted by any law enforcement or correctional | |
| 758 | + | 12 agency that is the recipient of the request; | |
| 759 | + | 13 (ii) interfere with active administrative | |
| 760 | + | 14 enforcement proceedings conducted by the public body | |
| 761 | + | 15 that is the recipient of the request; | |
| 762 | + | 16 (iii) create a substantial likelihood that a | |
| 763 | + | 17 person will be deprived of a fair trial or an impartial | |
| 764 | + | 18 hearing; | |
| 765 | + | 19 (iv) unavoidably disclose the identity of a | |
| 766 | + | 20 confidential source, confidential information | |
| 767 | + | 21 furnished only by the confidential source, or persons | |
| 768 | + | 22 who file complaints with or provide information to | |
| 769 | + | 23 administrative, investigative, law enforcement, or | |
| 770 | + | 24 penal agencies; except that the identities of | |
| 771 | + | 25 witnesses to traffic crashes, traffic crash reports, | |
| 772 | + | 26 and rescue reports shall be provided by agencies of | |
| 773 | + | ||
| 774 | + | ||
| 775 | + | ||
| 776 | + | ||
| 777 | + | ||
| 778 | + | HB2039 Enrolled - 22 - LRB103 04768 CPF 49777 b | |
| 779 | + | ||
| 780 | + | ||
| 781 | + | HB2039 Enrolled- 23 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 23 - LRB103 04768 CPF 49777 b | |
| 782 | + | HB2039 Enrolled - 23 - LRB103 04768 CPF 49777 b | |
| 783 | + | 1 local government, except when disclosure would | |
| 784 | + | 2 interfere with an active criminal investigation | |
| 785 | + | 3 conducted by the agency that is the recipient of the | |
| 786 | + | 4 request; | |
| 787 | + | 5 (v) disclose unique or specialized investigative | |
| 788 | + | 6 techniques other than those generally used and known | |
| 789 | + | 7 or disclose internal documents of correctional | |
| 790 | + | 8 agencies related to detection, observation, or | |
| 791 | + | 9 investigation of incidents of crime or misconduct, and | |
| 792 | + | 10 disclosure would result in demonstrable harm to the | |
| 793 | + | 11 agency or public body that is the recipient of the | |
| 794 | + | 12 request; | |
| 795 | + | 13 (vi) endanger the life or physical safety of law | |
| 796 | + | 14 enforcement personnel or any other person; or | |
| 797 | + | 15 (vii) obstruct an ongoing criminal investigation | |
| 798 | + | 16 by the agency that is the recipient of the request. | |
| 799 | + | 17 (d-5) A law enforcement record created for law | |
| 800 | + | 18 enforcement purposes and contained in a shared electronic | |
| 801 | + | 19 record management system if the law enforcement agency | |
| 802 | + | 20 that is the recipient of the request did not create the | |
| 803 | + | 21 record, did not participate in or have a role in any of the | |
| 804 | + | 22 events which are the subject of the record, and only has | |
| 805 | + | 23 access to the record through the shared electronic record | |
| 806 | + | 24 management system. | |
| 807 | + | 25 (d-6) Records contained in the Officer Professional | |
| 808 | + | 26 Conduct Database under Section 9.2 of the Illinois Police | |
| 809 | + | ||
| 810 | + | ||
| 811 | + | ||
| 812 | + | ||
| 813 | + | ||
| 814 | + | HB2039 Enrolled - 23 - LRB103 04768 CPF 49777 b | |
| 815 | + | ||
| 816 | + | ||
| 817 | + | HB2039 Enrolled- 24 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 24 - LRB103 04768 CPF 49777 b | |
| 818 | + | HB2039 Enrolled - 24 - LRB103 04768 CPF 49777 b | |
| 819 | + | 1 Training Act, except to the extent authorized under that | |
| 820 | + | 2 Section. This includes the documents supplied to the | |
| 821 | + | 3 Illinois Law Enforcement Training Standards Board from the | |
| 822 | + | 4 Illinois State Police and Illinois State Police Merit | |
| 823 | + | 5 Board. | |
| 824 | + | 6 (e) Records that relate to or affect the security of | |
| 825 | + | 7 correctional institutions and detention facilities. | |
| 826 | + | 8 (e-5) Records requested by persons committed to the | |
| 827 | + | 9 Department of Corrections, Department of Human Services | |
| 828 | + | 10 Division of Mental Health, or a county jail if those | |
| 829 | + | 11 materials are available in the library of the correctional | |
| 830 | + | 12 institution or facility or jail where the inmate is | |
| 831 | + | 13 confined. | |
| 832 | + | 14 (e-6) Records requested by persons committed to the | |
| 833 | + | 15 Department of Corrections, Department of Human Services | |
| 834 | + | 16 Division of Mental Health, or a county jail if those | |
| 835 | + | 17 materials include records from staff members' personnel | |
| 836 | + | 18 files, staff rosters, or other staffing assignment | |
| 837 | + | 19 information. | |
| 838 | + | 20 (e-7) Records requested by persons committed to the | |
| 839 | + | 21 Department of Corrections or Department of Human Services | |
| 840 | + | 22 Division of Mental Health if those materials are available | |
| 841 | + | 23 through an administrative request to the Department of | |
| 842 | + | 24 Corrections or Department of Human Services Division of | |
| 843 | + | 25 Mental Health. | |
| 844 | + | 26 (e-8) Records requested by a person committed to the | |
| 845 | + | ||
| 846 | + | ||
| 847 | + | ||
| 848 | + | ||
| 849 | + | ||
| 850 | + | HB2039 Enrolled - 24 - LRB103 04768 CPF 49777 b | |
| 851 | + | ||
| 852 | + | ||
| 853 | + | HB2039 Enrolled- 25 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 25 - LRB103 04768 CPF 49777 b | |
| 854 | + | HB2039 Enrolled - 25 - LRB103 04768 CPF 49777 b | |
| 855 | + | 1 Department of Corrections, Department of Human Services | |
| 856 | + | 2 Division of Mental Health, or a county jail, the | |
| 857 | + | 3 disclosure of which would result in the risk of harm to any | |
| 858 | + | 4 person or the risk of an escape from a jail or correctional | |
| 859 | + | 5 institution or facility. | |
| 860 | + | 6 (e-9) Records requested by a person in a county jail | |
| 861 | + | 7 or committed to the Department of Corrections or | |
| 862 | + | 8 Department of Human Services Division of Mental Health, | |
| 863 | + | 9 containing personal information pertaining to the person's | |
| 864 | + | 10 victim or the victim's family, including, but not limited | |
| 865 | + | 11 to, a victim's home address, home telephone number, work | |
| 866 | + | 12 or school address, work telephone number, social security | |
| 867 | + | 13 number, or any other identifying information, except as | |
| 868 | + | 14 may be relevant to a requester's current or potential case | |
| 869 | + | 15 or claim. | |
| 870 | + | 16 (e-10) Law enforcement records of other persons | |
| 871 | + | 17 requested by a person committed to the Department of | |
| 872 | + | 18 Corrections, Department of Human Services Division of | |
| 873 | + | 19 Mental Health, or a county jail, including, but not | |
| 874 | + | 20 limited to, arrest and booking records, mug shots, and | |
| 875 | + | 21 crime scene photographs, except as these records may be | |
| 876 | + | 22 relevant to the requester's current or potential case or | |
| 877 | + | 23 claim. | |
| 878 | + | 24 (f) Preliminary drafts, notes, recommendations, | |
| 879 | + | 25 memoranda, and other records in which opinions are | |
| 880 | + | 26 expressed, or policies or actions are formulated, except | |
| 881 | + | ||
| 882 | + | ||
| 883 | + | ||
| 884 | + | ||
| 885 | + | ||
| 886 | + | HB2039 Enrolled - 25 - LRB103 04768 CPF 49777 b | |
| 887 | + | ||
| 888 | + | ||
| 889 | + | HB2039 Enrolled- 26 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 26 - LRB103 04768 CPF 49777 b | |
| 890 | + | HB2039 Enrolled - 26 - LRB103 04768 CPF 49777 b | |
| 891 | + | 1 that a specific record or relevant portion of a record | |
| 892 | + | 2 shall not be exempt when the record is publicly cited and | |
| 893 | + | 3 identified by the head of the public body. The exemption | |
| 894 | + | 4 provided in this paragraph (f) extends to all those | |
| 895 | + | 5 records of officers and agencies of the General Assembly | |
| 896 | + | 6 that pertain to the preparation of legislative documents. | |
| 897 | + | 7 (g) Trade secrets and commercial or financial | |
| 898 | + | 8 information obtained from a person or business where the | |
| 899 | + | 9 trade secrets or commercial or financial information are | |
| 900 | + | 10 furnished under a claim that they are proprietary, | |
| 901 | + | 11 privileged, or confidential, and that disclosure of the | |
| 902 | + | 12 trade secrets or commercial or financial information would | |
| 903 | + | 13 cause competitive harm to the person or business, and only | |
| 904 | + | 14 insofar as the claim directly applies to the records | |
| 905 | + | 15 requested. | |
| 906 | + | 16 The information included under this exemption includes | |
| 907 | + | 17 all trade secrets and commercial or financial information | |
| 908 | + | 18 obtained by a public body, including a public pension | |
| 909 | + | 19 fund, from a private equity fund or a privately held | |
| 910 | + | 20 company within the investment portfolio of a private | |
| 911 | + | 21 equity fund as a result of either investing or evaluating | |
| 912 | + | 22 a potential investment of public funds in a private equity | |
| 913 | + | 23 fund. The exemption contained in this item does not apply | |
| 914 | + | 24 to the aggregate financial performance information of a | |
| 915 | + | 25 private equity fund, nor to the identity of the fund's | |
| 916 | + | 26 managers or general partners. The exemption contained in | |
| 917 | + | ||
| 918 | + | ||
| 919 | + | ||
| 920 | + | ||
| 921 | + | ||
| 922 | + | HB2039 Enrolled - 26 - LRB103 04768 CPF 49777 b | |
| 923 | + | ||
| 924 | + | ||
| 925 | + | HB2039 Enrolled- 27 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 27 - LRB103 04768 CPF 49777 b | |
| 926 | + | HB2039 Enrolled - 27 - LRB103 04768 CPF 49777 b | |
| 927 | + | 1 this item does not apply to the identity of a privately | |
| 928 | + | 2 held company within the investment portfolio of a private | |
| 929 | + | 3 equity fund, unless the disclosure of the identity of a | |
| 930 | + | 4 privately held company may cause competitive harm. | |
| 931 | + | 5 Nothing contained in this paragraph (g) shall be | |
| 932 | + | 6 construed to prevent a person or business from consenting | |
| 933 | + | 7 to disclosure. | |
| 934 | + | 8 (h) Proposals and bids for any contract, grant, or | |
| 935 | + | 9 agreement, including information which if it were | |
| 936 | + | 10 disclosed would frustrate procurement or give an advantage | |
| 937 | + | 11 to any person proposing to enter into a contractor | |
| 938 | + | 12 agreement with the body, until an award or final selection | |
| 939 | + | 13 is made. Information prepared by or for the body in | |
| 940 | + | 14 preparation of a bid solicitation shall be exempt until an | |
| 941 | + | 15 award or final selection is made. | |
| 942 | + | 16 (i) Valuable formulae, computer geographic systems, | |
| 943 | + | 17 designs, drawings, and research data obtained or produced | |
| 944 | + | 18 by any public body when disclosure could reasonably be | |
| 945 | + | 19 expected to produce private gain or public loss. The | |
| 946 | + | 20 exemption for "computer geographic systems" provided in | |
| 947 | + | 21 this paragraph (i) does not extend to requests made by | |
| 948 | + | 22 news media as defined in Section 2 of this Act when the | |
| 949 | + | 23 requested information is not otherwise exempt and the only | |
| 950 | + | 24 purpose of the request is to access and disseminate | |
| 951 | + | 25 information regarding the health, safety, welfare, or | |
| 952 | + | 26 legal rights of the general public. | |
| 953 | + | ||
| 954 | + | ||
| 955 | + | ||
| 956 | + | ||
| 957 | + | ||
| 958 | + | HB2039 Enrolled - 27 - LRB103 04768 CPF 49777 b | |
| 959 | + | ||
| 960 | + | ||
| 961 | + | HB2039 Enrolled- 28 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 28 - LRB103 04768 CPF 49777 b | |
| 962 | + | HB2039 Enrolled - 28 - LRB103 04768 CPF 49777 b | |
| 963 | + | 1 (j) The following information pertaining to | |
| 964 | + | 2 educational matters: | |
| 965 | + | 3 (i) test questions, scoring keys, and other | |
| 966 | + | 4 examination data used to administer an academic | |
| 967 | + | 5 examination; | |
| 968 | + | 6 (ii) information received by a primary or | |
| 969 | + | 7 secondary school, college, or university under its | |
| 970 | + | 8 procedures for the evaluation of faculty members by | |
| 971 | + | 9 their academic peers; | |
| 972 | + | 10 (iii) information concerning a school or | |
| 973 | + | 11 university's adjudication of student disciplinary | |
| 974 | + | 12 cases, but only to the extent that disclosure would | |
| 975 | + | 13 unavoidably reveal the identity of the student; and | |
| 976 | + | 14 (iv) course materials or research materials used | |
| 977 | + | 15 by faculty members. | |
| 978 | + | 16 (k) Architects' plans, engineers' technical | |
| 979 | + | 17 submissions, and other construction related technical | |
| 980 | + | 18 documents for projects not constructed or developed in | |
| 981 | + | 19 whole or in part with public funds and the same for | |
| 982 | + | 20 projects constructed or developed with public funds, | |
| 983 | + | 21 including, but not limited to, power generating and | |
| 984 | + | 22 distribution stations and other transmission and | |
| 985 | + | 23 distribution facilities, water treatment facilities, | |
| 986 | + | 24 airport facilities, sport stadiums, convention centers, | |
| 987 | + | 25 and all government owned, operated, or occupied buildings, | |
| 988 | + | 26 but only to the extent that disclosure would compromise | |
| 989 | + | ||
| 990 | + | ||
| 991 | + | ||
| 992 | + | ||
| 993 | + | ||
| 994 | + | HB2039 Enrolled - 28 - LRB103 04768 CPF 49777 b | |
| 995 | + | ||
| 996 | + | ||
| 997 | + | HB2039 Enrolled- 29 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 29 - LRB103 04768 CPF 49777 b | |
| 998 | + | HB2039 Enrolled - 29 - LRB103 04768 CPF 49777 b | |
| 999 | + | 1 security. | |
| 1000 | + | 2 (l) Minutes of meetings of public bodies closed to the | |
| 1001 | + | 3 public as provided in the Open Meetings Act until the | |
| 1002 | + | 4 public body makes the minutes available to the public | |
| 1003 | + | 5 under Section 2.06 of the Open Meetings Act. | |
| 1004 | + | 6 (m) Communications between a public body and an | |
| 1005 | + | 7 attorney or auditor representing the public body that | |
| 1006 | + | 8 would not be subject to discovery in litigation, and | |
| 1007 | + | 9 materials prepared or compiled by or for a public body in | |
| 1008 | + | 10 anticipation of a criminal, civil, or administrative | |
| 1009 | + | 11 proceeding upon the request of an attorney advising the | |
| 1010 | + | 12 public body, and materials prepared or compiled with | |
| 1011 | + | 13 respect to internal audits of public bodies. | |
| 1012 | + | 14 (n) Records relating to a public body's adjudication | |
| 1013 | + | 15 of employee grievances or disciplinary cases; however, | |
| 1014 | + | 16 this exemption shall not extend to the final outcome of | |
| 1015 | + | 17 cases in which discipline is imposed. | |
| 1016 | + | 18 (o) Administrative or technical information associated | |
| 1017 | + | 19 with automated data processing operations, including, but | |
| 1018 | + | 20 not limited to, software, operating protocols, computer | |
| 1019 | + | 21 program abstracts, file layouts, source listings, object | |
| 1020 | + | 22 modules, load modules, user guides, documentation | |
| 1021 | + | 23 pertaining to all logical and physical design of | |
| 1022 | + | 24 computerized systems, employee manuals, and any other | |
| 1023 | + | 25 information that, if disclosed, would jeopardize the | |
| 1024 | + | 26 security of the system or its data or the security of | |
| 1025 | + | ||
| 1026 | + | ||
| 1027 | + | ||
| 1028 | + | ||
| 1029 | + | ||
| 1030 | + | HB2039 Enrolled - 29 - LRB103 04768 CPF 49777 b | |
| 1031 | + | ||
| 1032 | + | ||
| 1033 | + | HB2039 Enrolled- 30 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 30 - LRB103 04768 CPF 49777 b | |
| 1034 | + | HB2039 Enrolled - 30 - LRB103 04768 CPF 49777 b | |
| 1035 | + | 1 materials exempt under this Section. | |
| 1036 | + | 2 (p) Records relating to collective negotiating matters | |
| 1037 | + | 3 between public bodies and their employees or | |
| 1038 | + | 4 representatives, except that any final contract or | |
| 1039 | + | 5 agreement shall be subject to inspection and copying. | |
| 1040 | + | 6 (q) Test questions, scoring keys, and other | |
| 1041 | + | 7 examination data used to determine the qualifications of | |
| 1042 | + | 8 an applicant for a license or employment. | |
| 1043 | + | 9 (r) The records, documents, and information relating | |
| 1044 | + | 10 to real estate purchase negotiations until those | |
| 1045 | + | 11 negotiations have been completed or otherwise terminated. | |
| 1046 | + | 12 With regard to a parcel involved in a pending or actually | |
| 1047 | + | 13 and reasonably contemplated eminent domain proceeding | |
| 1048 | + | 14 under the Eminent Domain Act, records, documents, and | |
| 1049 | + | 15 information relating to that parcel shall be exempt except | |
| 1050 | + | 16 as may be allowed under discovery rules adopted by the | |
| 1051 | + | 17 Illinois Supreme Court. The records, documents, and | |
| 1052 | + | 18 information relating to a real estate sale shall be exempt | |
| 1053 | + | 19 until a sale is consummated. | |
| 1054 | + | 20 (s) Any and all proprietary information and records | |
| 1055 | + | 21 related to the operation of an intergovernmental risk | |
| 1056 | + | 22 management association or self-insurance pool or jointly | |
| 1057 | + | 23 self-administered health and accident cooperative or pool. | |
| 1058 | + | 24 Insurance or self-insurance self insurance (including any | |
| 1059 | + | 25 intergovernmental risk management association or | |
| 1060 | + | 26 self-insurance self insurance pool) claims, loss or risk | |
| 1061 | + | ||
| 1062 | + | ||
| 1063 | + | ||
| 1064 | + | ||
| 1065 | + | ||
| 1066 | + | HB2039 Enrolled - 30 - LRB103 04768 CPF 49777 b | |
| 1067 | + | ||
| 1068 | + | ||
| 1069 | + | HB2039 Enrolled- 31 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 31 - LRB103 04768 CPF 49777 b | |
| 1070 | + | HB2039 Enrolled - 31 - LRB103 04768 CPF 49777 b | |
| 1071 | + | 1 management information, records, data, advice, or | |
| 1072 | + | 2 communications. | |
| 1073 | + | 3 (t) Information contained in or related to | |
| 1074 | + | 4 examination, operating, or condition reports prepared by, | |
| 1075 | + | 5 on behalf of, or for the use of a public body responsible | |
| 1076 | + | 6 for the regulation or supervision of financial | |
| 1077 | + | 7 institutions, insurance companies, or pharmacy benefit | |
| 1078 | + | 8 managers, unless disclosure is otherwise required by State | |
| 1079 | + | 9 law. | |
| 1080 | + | 10 (u) Information that would disclose or might lead to | |
| 1081 | + | 11 the disclosure of secret or confidential information, | |
| 1082 | + | 12 codes, algorithms, programs, or private keys intended to | |
| 1083 | + | 13 be used to create electronic signatures under the Uniform | |
| 1084 | + | 14 Electronic Transactions Act. | |
| 1085 | + | 15 (v) Vulnerability assessments, security measures, and | |
| 1086 | + | 16 response policies or plans that are designed to identify, | |
| 1087 | + | 17 prevent, or respond to potential attacks upon a | |
| 1088 | + | 18 community's population or systems, facilities, or | |
| 1089 | + | 19 installations, but only to the extent that disclosure | |
| 1090 | + | 20 could reasonably be expected to expose the vulnerability | |
| 1091 | + | 21 or jeopardize the effectiveness of the measures, policies, | |
| 1092 | + | 22 or plans, or the safety of the personnel who implement | |
| 1093 | + | 23 them or the public. Information exempt under this item may | |
| 1094 | + | 24 include such things as details pertaining to the | |
| 1095 | + | 25 mobilization or deployment of personnel or equipment, to | |
| 1096 | + | 26 the operation of communication systems or protocols, to | |
| 1097 | + | ||
| 1098 | + | ||
| 1099 | + | ||
| 1100 | + | ||
| 1101 | + | ||
| 1102 | + | HB2039 Enrolled - 31 - LRB103 04768 CPF 49777 b | |
| 1103 | + | ||
| 1104 | + | ||
| 1105 | + | HB2039 Enrolled- 32 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 32 - LRB103 04768 CPF 49777 b | |
| 1106 | + | HB2039 Enrolled - 32 - LRB103 04768 CPF 49777 b | |
| 1107 | + | 1 cybersecurity vulnerabilities, or to tactical operations. | |
| 1108 | + | 2 (w) (Blank). | |
| 1109 | + | 3 (x) Maps and other records regarding the location or | |
| 1110 | + | 4 security of generation, transmission, distribution, | |
| 1111 | + | 5 storage, gathering, treatment, or switching facilities | |
| 1112 | + | 6 owned by a utility, by a power generator, or by the | |
| 1113 | + | 7 Illinois Power Agency. | |
| 1114 | + | 8 (y) Information contained in or related to proposals, | |
| 1115 | + | 9 bids, or negotiations related to electric power | |
| 1116 | + | 10 procurement under Section 1-75 of the Illinois Power | |
| 1117 | + | 11 Agency Act and Section 16-111.5 of the Public Utilities | |
| 1118 | + | 12 Act that is determined to be confidential and proprietary | |
| 1119 | + | 13 by the Illinois Power Agency or by the Illinois Commerce | |
| 1120 | + | 14 Commission. | |
| 1121 | + | 15 (z) Information about students exempted from | |
| 1122 | + | 16 disclosure under Section Sections 10-20.38 or 34-18.29 of | |
| 1123 | + | 17 the School Code, and information about undergraduate | |
| 1124 | + | 18 students enrolled at an institution of higher education | |
| 1125 | + | 19 exempted from disclosure under Section 25 of the Illinois | |
| 1126 | + | 20 Credit Card Marketing Act of 2009. | |
| 1127 | + | 21 (aa) Information the disclosure of which is exempted | |
| 1128 | + | 22 under the Viatical Settlements Act of 2009. | |
| 1129 | + | 23 (bb) Records and information provided to a mortality | |
| 1130 | + | 24 review team and records maintained by a mortality review | |
| 1131 | + | 25 team appointed under the Department of Juvenile Justice | |
| 1132 | + | 26 Mortality Review Team Act. | |
| 1133 | + | ||
| 1134 | + | ||
| 1135 | + | ||
| 1136 | + | ||
| 1137 | + | ||
| 1138 | + | HB2039 Enrolled - 32 - LRB103 04768 CPF 49777 b | |
| 1139 | + | ||
| 1140 | + | ||
| 1141 | + | HB2039 Enrolled- 33 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 33 - LRB103 04768 CPF 49777 b | |
| 1142 | + | HB2039 Enrolled - 33 - LRB103 04768 CPF 49777 b | |
| 1143 | + | 1 (cc) Information regarding interments, entombments, or | |
| 1144 | + | 2 inurnments of human remains that are submitted to the | |
| 1145 | + | 3 Cemetery Oversight Database under the Cemetery Care Act or | |
| 1146 | + | 4 the Cemetery Oversight Act, whichever is applicable. | |
| 1147 | + | 5 (dd) Correspondence and records (i) that may not be | |
| 1148 | + | 6 disclosed under Section 11-9 of the Illinois Public Aid | |
| 1149 | + | 7 Code or (ii) that pertain to appeals under Section 11-8 of | |
| 1150 | + | 8 the Illinois Public Aid Code. | |
| 1151 | + | 9 (ee) The names, addresses, or other personal | |
| 1152 | + | 10 information of persons who are minors and are also | |
| 1153 | + | 11 participants and registrants in programs of park | |
| 1154 | + | 12 districts, forest preserve districts, conservation | |
| 1155 | + | 13 districts, recreation agencies, and special recreation | |
| 1156 | + | 14 associations. | |
| 1157 | + | 15 (ff) The names, addresses, or other personal | |
| 1158 | + | 16 information of participants and registrants in programs of | |
| 1159 | + | 17 park districts, forest preserve districts, conservation | |
| 1160 | + | 18 districts, recreation agencies, and special recreation | |
| 1161 | + | 19 associations where such programs are targeted primarily to | |
| 1162 | + | 20 minors. | |
| 1163 | + | 21 (gg) Confidential information described in Section | |
| 1164 | + | 22 1-100 of the Illinois Independent Tax Tribunal Act of | |
| 1165 | + | 23 2012. | |
| 1166 | + | 24 (hh) The report submitted to the State Board of | |
| 1167 | + | 25 Education by the School Security and Standards Task Force | |
| 1168 | + | 26 under item (8) of subsection (d) of Section 2-3.160 of the | |
| 1169 | + | ||
| 1170 | + | ||
| 1171 | + | ||
| 1172 | + | ||
| 1173 | + | ||
| 1174 | + | HB2039 Enrolled - 33 - LRB103 04768 CPF 49777 b | |
| 1175 | + | ||
| 1176 | + | ||
| 1177 | + | HB2039 Enrolled- 34 -LRB103 04768 CPF 49777 b HB2039 Enrolled - 34 - LRB103 04768 CPF 49777 b | |
| 1178 | + | HB2039 Enrolled - 34 - LRB103 04768 CPF 49777 b | |
| 1179 | + | 1 School Code and any information contained in that report. | |
| 1180 | + | 2 (ii) Records requested by persons committed to or | |
| 1181 | + | 3 detained by the Department of Human Services under the | |
| 1182 | + | 4 Sexually Violent Persons Commitment Act or committed to | |
| 1183 | + | 5 the Department of Corrections under the Sexually Dangerous | |
| 1184 | + | 6 Persons Act if those materials: (i) are available in the | |
| 1185 | + | 7 library of the facility where the individual is confined; | |
| 1186 | + | 8 (ii) include records from staff members' personnel files, | |
| 1187 | + | 9 staff rosters, or other staffing assignment information; | |
| 1188 | + | 10 or (iii) are available through an administrative request | |
| 1189 | + | 11 to the Department of Human Services or the Department of | |
| 1190 | + | 12 Corrections. | |
| 1191 | + | 13 (jj) Confidential information described in Section | |
| 1192 | + | 14 5-535 of the Civil Administrative Code of Illinois. | |
| 1193 | + | 15 (kk) The public body's credit card numbers, debit card | |
| 1194 | + | 16 numbers, bank account numbers, Federal Employer | |
| 1195 | + | 17 Identification Number, security code numbers, passwords, | |
| 1196 | + | 18 and similar account information, the disclosure of which | |
| 1197 | + | 19 could result in identity theft or impression or defrauding | |
| 1198 | + | 20 of a governmental entity or a person. | |
| 1199 | + | 21 (ll) Records concerning the work of the threat | |
| 1200 | + | 22 assessment team of a school district, including, but not | |
| 1201 | + | 23 limited to, any threat assessment procedure under the | |
| 1202 | + | 24 School Safety Drill Act and any information contained in | |
| 1203 | + | 25 the procedure. | |
| 1204 | + | 26 (mm) Information prohibited from being disclosed under | |
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| 1214 | + | HB2039 Enrolled - 35 - LRB103 04768 CPF 49777 b | |
| 1215 | + | 1 subsections (a) and (b) of Section 15 of the Student | |
| 1216 | + | 2 Confidential Reporting Act. | |
| 1217 | + | 3 (nn) (mm) Proprietary information submitted to the | |
| 1218 | + | 4 Environmental Protection Agency under the Drug Take-Back | |
| 1219 | + | 5 Act. | |
| 1220 | + | 6 (oo) (mm) Records described in subsection (f) of | |
| 1221 | + | 7 Section 3-5-1 of the Unified Code of Corrections. | |
| 1222 | + | 8 (pp) Information obtained by a certified local health | |
| 1223 | + | 9 department under the Access to Public Health Data Act. | |
| 1224 | + | 10 (1.5) Any information exempt from disclosure under the | |
| 1225 | + | 11 Judicial Privacy Act shall be redacted from public records | |
| 1226 | + | 12 prior to disclosure under this Act. | |
| 1227 | + | 13 (2) A public record that is not in the possession of a | |
| 1228 | + | 14 public body but is in the possession of a party with whom the | |
| 1229 | + | 15 agency has contracted to perform a governmental function on | |
| 1230 | + | 16 behalf of the public body, and that directly relates to the | |
| 1231 | + | 17 governmental function and is not otherwise exempt under this | |
| 1232 | + | 18 Act, shall be considered a public record of the public body, | |
| 1233 | + | 19 for purposes of this Act. | |
| 1234 | + | 20 (3) This Section does not authorize withholding of | |
| 1235 | + | 21 information or limit the availability of records to the | |
| 1236 | + | 22 public, except as stated in this Section or otherwise provided | |
| 1237 | + | 23 in this Act. | |
| 1238 | + | 24 (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | |
| 1239 | + | 25 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | |
| 1240 | + | 26 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | |
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| 1251 | + | 1 eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | |
| 1252 | + | 2 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | |
| 1253 | + | 3 6-10-22; revised 12-13-22.) | |
| 1254 | + | 4 Section 905. The Vital Records Act is amended by changing | |
| 1255 | + | 5 Section 24 as follows: | |
| 1256 | + | 6 (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24) | |
| 1257 | + | 7 Sec. 24. (1) To protect the integrity of vital records, to | |
| 1258 | + | 8 insure their proper use, and to insure the efficient and | |
| 1259 | + | 9 proper administration of the vital records system, access to | |
| 1260 | + | 10 vital records, and indexes thereof, including vital records in | |
| 1261 | + | 11 the custody of local registrars and county clerks originating | |
| 1262 | + | 12 prior to January 1, 1916, is limited to the custodian and his | |
| 1263 | + | 13 employees, and then only for administrative purposes, except | |
| 1264 | + | 14 that the indexes of those records in the custody of local | |
| 1265 | + | 15 registrars and county clerks, originating prior to January 1, | |
| 1266 | + | 16 1916, shall be made available to persons for the purpose of | |
| 1267 | + | 17 genealogical research. Original, photographic or | |
| 1268 | + | 18 microphotographic reproductions of original records of births | |
| 1269 | + | 19 100 years old and older and deaths 50 years old and older, and | |
| 1270 | + | 20 marriage records 75 years old and older on file in the State | |
| 1271 | + | 21 Office of Vital Records and in the custody of the county clerks | |
| 1272 | + | 22 may be made available for inspection in the Illinois State | |
| 1273 | + | 23 Archives reference area, Illinois Regional Archives | |
| 1274 | + | 24 Depositories, and other libraries approved by the Illinois | |
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| 1285 | + | 1 State Registrar and the Director of the Illinois State | |
| 1286 | + | 2 Archives, provided that the photographic or microphotographic | |
| 1287 | + | 3 copies are made at no cost to the county or to the State of | |
| 1288 | + | 4 Illinois. It is unlawful for any custodian to permit | |
| 1289 | + | 5 inspection of, or to disclose information contained in, vital | |
| 1290 | + | 6 records, or to copy or permit to be copied, all or part of any | |
| 1291 | + | 7 such record except as authorized by this Act or regulations | |
| 1292 | + | 8 adopted pursuant thereto. | |
| 1293 | + | 9 (2) The State Registrar of Vital Records, or his agent, | |
| 1294 | + | 10 and any municipal, county, multi-county, public health | |
| 1295 | + | 11 district, or regional health officer recognized by the | |
| 1296 | + | 12 Department may examine vital records for the purpose only of | |
| 1297 | + | 13 carrying out the public health programs and responsibilities | |
| 1298 | + | 14 under his jurisdiction. | |
| 1299 | + | 15 (3) The State Registrar of Vital Records, may disclose, or | |
| 1300 | + | 16 authorize the disclosure of, data contained in the vital | |
| 1301 | + | 17 records when deemed essential for bona fide research purposes | |
| 1302 | + | 18 which are not for private gain. | |
| 1303 | + | 19 This amendatory Act of 1973 does not apply to any home rule | |
| 1304 | + | 20 unit. | |
| 1305 | + | 21 (4) The State Registrar shall exchange with the Department | |
| 1306 | + | 22 of Healthcare and Family Services information that may be | |
| 1307 | + | 23 necessary for the establishment of paternity and the | |
| 1308 | + | 24 establishment, modification, and enforcement of child support | |
| 1309 | + | 25 orders entered pursuant to the Illinois Public Aid Code, the | |
| 1310 | + | 26 Illinois Marriage and Dissolution of Marriage Act, the | |
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| 1321 | + | 1 Non-Support of Spouse and Children Act, the Non-Support | |
| 1322 | + | 2 Punishment Act, the Revised Uniform Reciprocal Enforcement of | |
| 1323 | + | 3 Support Act, the Uniform Interstate Family Support Act, the | |
| 1324 | + | 4 Illinois Parentage Act of 1984, or the Illinois Parentage Act | |
| 1325 | + | 5 of 2015. Notwithstanding any provisions in this Act to the | |
| 1326 | + | 6 contrary, the State Registrar shall not be liable to any | |
| 1327 | + | 7 person for any disclosure of information to the Department of | |
| 1328 | + | 8 Healthcare and Family Services (formerly Illinois Department | |
| 1329 | + | 9 of Public Aid) under this subsection or for any other action | |
| 1330 | + | 10 taken in good faith to comply with the requirements of this | |
| 1331 | + | 11 subsection. | |
| 1332 | + | 12 (5) No rule adopted by the Department shall be construed, | |
| 1333 | + | 13 either explicitly or implicitly, as restricting access to | |
| 1334 | + | 14 vital records by any municipality, county, multicounty, public | |
| 1335 | + | 15 health district, or regional health officer recognized by the | |
| 1336 | + | 16 Department for the purposes described in subsections (2) and | |
| 1337 | + | 17 (3). | |
| 1338 | + | 18 (Source: P.A. 99-85, eff. 1-1-16.) | |
| 1339 | + | 19 Section 995. No acceleration or delay. Where this Act | |
| 1340 | + | 20 makes changes in a statute that is represented in this Act by | |
| 1341 | + | 21 text that is not yet or no longer in effect (for example, a | |
| 1342 | + | 22 Section represented by multiple versions), the use of that | |
| 1343 | + | 23 text does not accelerate or delay the taking effect of (i) the | |
| 1344 | + | 24 changes made by this Act or (ii) provisions derived from any | |
| 1345 | + | 25 other Public Act. | |
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