103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2455 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 Amends the Freedom of Information Act. Provides that, for purposes of the Act, "public body" includes judicial bodies of the State. Exempts preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, that pertain to the preparation of judicial opinions and orders. Exempts judicial records already subject to fees imposed under the Clerks of Courts Act. LRB103 25461 AWJ 51810 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2455 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 Amends the Freedom of Information Act. Provides that, for purposes of the Act, "public body" includes judicial bodies of the State. Exempts preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, that pertain to the preparation of judicial opinions and orders. Exempts judicial records already subject to fees imposed under the Clerks of Courts Act. LRB103 25461 AWJ 51810 b LRB103 25461 AWJ 51810 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2455 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 Amends the Freedom of Information Act. Provides that, for purposes of the Act, "public body" includes judicial bodies of the State. Exempts preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, that pertain to the preparation of judicial opinions and orders. Exempts judicial records already subject to fees imposed under the Clerks of Courts Act. LRB103 25461 AWJ 51810 b LRB103 25461 AWJ 51810 b LRB103 25461 AWJ 51810 b A BILL FOR HB2455LRB103 25461 AWJ 51810 b HB2455 LRB103 25461 AWJ 51810 b HB2455 LRB103 25461 AWJ 51810 b 1 AN ACT concerning government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Freedom of Information Act is amended by 5 changing Sections 2 and 7 as follows: 6 (5 ILCS 140/2) (from Ch. 116, par. 202) 7 Sec. 2. Definitions. As used in this Act: 8 (a) "Public body" means all legislative, executive, 9 judicial, administrative, or advisory bodies of the State, 10 state universities and colleges, counties, townships, cities, 11 villages, incorporated towns, school districts and all other 12 municipal corporations, boards, bureaus, committees, or 13 commissions of this State, any subsidiary bodies of any of the 14 foregoing including but not limited to committees and 15 subcommittees thereof, and a School Finance Authority created 16 under Article 1E of the School Code. "Public body" does not 17 include a child death review team or the Illinois Child Death 18 Review Teams Executive Council established under the Child 19 Death Review Team Act, or a regional youth advisory board or 20 the Statewide Youth Advisory Board established under the 21 Department of Children and Family Services Statewide Youth 22 Advisory Board Act. 23 (b) "Person" means any individual, corporation, 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2455 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 Amends the Freedom of Information Act. Provides that, for purposes of the Act, "public body" includes judicial bodies of the State. Exempts preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, that pertain to the preparation of judicial opinions and orders. Exempts judicial records already subject to fees imposed under the Clerks of Courts Act. LRB103 25461 AWJ 51810 b LRB103 25461 AWJ 51810 b LRB103 25461 AWJ 51810 b A BILL FOR 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 LRB103 25461 AWJ 51810 b HB2455 LRB103 25461 AWJ 51810 b HB2455- 2 -LRB103 25461 AWJ 51810 b HB2455 - 2 - LRB103 25461 AWJ 51810 b HB2455 - 2 - LRB103 25461 AWJ 51810 b 1 partnership, firm, organization or association, acting 2 individually or as a group. 3 (c) "Public records" means all records, reports, forms, 4 writings, letters, memoranda, books, papers, maps, 5 photographs, microfilms, cards, tapes, recordings, electronic 6 data processing records, electronic communications, recorded 7 information and all other documentary materials pertaining to 8 the transaction of public business, regardless of physical 9 form or characteristics, having been prepared by or for, or 10 having been or being used by, received by, in the possession 11 of, or under the control of any public body. 12 (c-5) "Private information" means unique identifiers, 13 including a person's social security number, driver's license 14 number, employee identification number, biometric identifiers, 15 personal financial information, passwords or other access 16 codes, medical records, home or personal telephone numbers, 17 and personal email addresses. Private information also 18 includes home address and personal license plates, except as 19 otherwise provided by law or when compiled without possibility 20 of attribution to any person. 21 (c-10) "Commercial purpose" means the use of any part of a 22 public record or records, or information derived from public 23 records, in any form for sale, resale, or solicitation or 24 advertisement for sales or services. For purposes of this 25 definition, requests made by news media and non-profit, 26 scientific, or academic organizations shall not be considered HB2455 - 2 - LRB103 25461 AWJ 51810 b HB2455- 3 -LRB103 25461 AWJ 51810 b HB2455 - 3 - LRB103 25461 AWJ 51810 b HB2455 - 3 - LRB103 25461 AWJ 51810 b 1 to be made for a "commercial purpose" when the principal 2 purpose of the request is (i) to access and disseminate 3 information concerning news and current or passing events, 4 (ii) for articles of opinion or features of interest to the 5 public, or (iii) for the purpose of academic, scientific, or 6 public research or education. 7 (d) "Copying" means the reproduction of any public record 8 by means of any photographic, electronic, mechanical or other 9 process, device or means now known or hereafter developed and 10 available to the public body. 11 (e) "Head of the public body" means the president, mayor, 12 chairman, presiding officer, director, superintendent, 13 manager, supervisor or individual otherwise holding primary 14 executive and administrative authority for the public body, or 15 such person's duly authorized designee. 16 (f) "News media" means a newspaper or other periodical 17 issued at regular intervals whether in print or electronic 18 format, a news service whether in print or electronic format, 19 a radio station, a television station, a television network, a 20 community antenna television service, or a person or 21 corporation engaged in making news reels or other motion 22 picture news for public showing. 23 (g) "Recurrent requester", as used in Section 3.2 of this 24 Act, means a person that, in the 12 months immediately 25 preceding the request, has submitted to the same public body 26 (i) a minimum of 50 requests for records, (ii) a minimum of 15 HB2455 - 3 - LRB103 25461 AWJ 51810 b HB2455- 4 -LRB103 25461 AWJ 51810 b HB2455 - 4 - LRB103 25461 AWJ 51810 b HB2455 - 4 - LRB103 25461 AWJ 51810 b 1 requests for records within a 30-day period, or (iii) a 2 minimum of 7 requests for records within a 7-day period. For 3 purposes of this definition, requests made by news media and 4 non-profit, scientific, or academic organizations shall not be 5 considered in calculating the number of requests made in the 6 time periods in this definition when the principal purpose of 7 the requests is (i) to access and disseminate information 8 concerning news and current or passing events, (ii) for 9 articles of opinion or features of interest to the public, or 10 (iii) for the purpose of academic, scientific, or public 11 research or education. 12 For the purposes of this subsection (g), "request" means a 13 written document (or oral request, if the public body chooses 14 to honor oral requests) that is submitted to a public body via 15 personal delivery, mail, telefax, electronic mail, or other 16 means available to the public body and that identifies the 17 particular public record the requester seeks. One request may 18 identify multiple records to be inspected or copied. 19 (h) "Voluminous request" means a request that: (i) 20 includes more than 5 individual requests for more than 5 21 different categories of records or a combination of individual 22 requests that total requests for more than 5 different 23 categories of records in a period of 20 business days; or (ii) 24 requires the compilation of more than 500 letter or 25 legal-sized pages of public records unless a single requested 26 record exceeds 500 pages. "Single requested record" may HB2455 - 4 - LRB103 25461 AWJ 51810 b HB2455- 5 -LRB103 25461 AWJ 51810 b HB2455 - 5 - LRB103 25461 AWJ 51810 b HB2455 - 5 - LRB103 25461 AWJ 51810 b 1 include, but is not limited to, one report, form, e-mail, 2 letter, memorandum, book, map, microfilm, tape, or recording. 3 "Voluminous request" does not include a request made by 4 news media and non-profit, scientific, or academic 5 organizations if the principal purpose of the request is: (1) 6 to access and disseminate information concerning news and 7 current or passing events; (2) for articles of opinion or 8 features of interest to the public; or (3) for the purpose of 9 academic, scientific, or public research or education. 10 For the purposes of this subsection (h), "request" means a 11 written document, or oral request, if the public body chooses 12 to honor oral requests, that is submitted to a public body via 13 personal delivery, mail, telefax, electronic mail, or other 14 means available to the public body and that identifies the 15 particular public record or records the requester seeks. One 16 request may identify multiple individual records to be 17 inspected or copied. 18 (i) "Severance agreement" means a mutual agreement between 19 any public body and its employee for the employee's 20 resignation in exchange for payment by the public body. 21 (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; 22 99-78, eff. 7-20-15; 99-478, eff. 6-1-16.) 23 (5 ILCS 140/7) 24 (Text of Section before amendment by P.A. 102-982) 25 Sec. 7. Exemptions. HB2455 - 5 - LRB103 25461 AWJ 51810 b HB2455- 6 -LRB103 25461 AWJ 51810 b HB2455 - 6 - LRB103 25461 AWJ 51810 b HB2455 - 6 - LRB103 25461 AWJ 51810 b 1 (1) When a request is made to inspect or copy a public 2 record that contains information that is exempt from 3 disclosure under this Section, but also contains information 4 that is not exempt from disclosure, the public body may elect 5 to redact the information that is exempt. The public body 6 shall make the remaining information available for inspection 7 and copying. Subject to this requirement, the following shall 8 be exempt from inspection and copying: 9 (a) Information specifically prohibited from 10 disclosure by federal or State law or rules and 11 regulations implementing federal or State law. 12 (b) Private information, unless disclosure is required 13 by another provision of this Act, a State or federal law, 14 or a court order. 15 (b-5) Files, documents, and other data or databases 16 maintained by one or more law enforcement agencies and 17 specifically designed to provide information to one or 18 more law enforcement agencies regarding the physical or 19 mental status of one or more individual subjects. 20 (c) Personal information contained within public 21 records, the disclosure of which would constitute a 22 clearly unwarranted invasion of personal privacy, unless 23 the disclosure is consented to in writing by the 24 individual subjects of the information. "Unwarranted 25 invasion of personal privacy" means the disclosure of 26 information that is highly personal or objectionable to a HB2455 - 6 - LRB103 25461 AWJ 51810 b HB2455- 7 -LRB103 25461 AWJ 51810 b HB2455 - 7 - LRB103 25461 AWJ 51810 b HB2455 - 7 - LRB103 25461 AWJ 51810 b 1 reasonable person and in which the subject's right to 2 privacy outweighs any legitimate public interest in 3 obtaining the information. The disclosure of information 4 that bears on the public duties of public employees and 5 officials shall not be considered an invasion of personal 6 privacy. 7 (d) Records in the possession of any public body 8 created in the course of administrative enforcement 9 proceedings, and any law enforcement or correctional 10 agency for law enforcement purposes, but only to the 11 extent that disclosure would: 12 (i) interfere with pending or actually and 13 reasonably contemplated law enforcement proceedings 14 conducted by any law enforcement or correctional 15 agency that is the recipient of the request; 16 (ii) interfere with active administrative 17 enforcement proceedings conducted by the public body 18 that is the recipient of the request; 19 (iii) create a substantial likelihood that a 20 person will be deprived of a fair trial or an impartial 21 hearing; 22 (iv) unavoidably disclose the identity of a 23 confidential source, confidential information 24 furnished only by the confidential source, or persons 25 who file complaints with or provide information to 26 administrative, investigative, law enforcement, or HB2455 - 7 - LRB103 25461 AWJ 51810 b HB2455- 8 -LRB103 25461 AWJ 51810 b HB2455 - 8 - LRB103 25461 AWJ 51810 b HB2455 - 8 - LRB103 25461 AWJ 51810 b 1 penal agencies; except that the identities of 2 witnesses to traffic accidents, traffic accident 3 reports, and rescue reports shall be provided by 4 agencies of local government, except when disclosure 5 would interfere with an active criminal investigation 6 conducted by the agency that is the recipient of the 7 request; 8 (v) disclose unique or specialized investigative 9 techniques other than those generally used and known 10 or disclose internal documents of correctional 11 agencies related to detection, observation, or 12 investigation of incidents of crime or misconduct, and 13 disclosure would result in demonstrable harm to the 14 agency or public body that is the recipient of the 15 request; 16 (vi) endanger the life or physical safety of law 17 enforcement personnel or any other person; or 18 (vii) obstruct an ongoing criminal investigation 19 by the agency that is the recipient of the request. 20 (d-5) A law enforcement record created for law 21 enforcement purposes and contained in a shared electronic 22 record management system if the law enforcement agency 23 that is the recipient of the request did not create the 24 record, did not participate in or have a role in any of the 25 events which are the subject of the record, and only has 26 access to the record through the shared electronic record HB2455 - 8 - LRB103 25461 AWJ 51810 b HB2455- 9 -LRB103 25461 AWJ 51810 b HB2455 - 9 - LRB103 25461 AWJ 51810 b HB2455 - 9 - LRB103 25461 AWJ 51810 b 1 management system. 2 (d-6) Records contained in the Officer Professional 3 Conduct Database under Section 9.2 of the Illinois Police 4 Training Act, except to the extent authorized under that 5 Section. This includes the documents supplied to the 6 Illinois Law Enforcement Training Standards Board from the 7 Illinois State Police and Illinois State Police Merit 8 Board. 9 (e) Records that relate to or affect the security of 10 correctional institutions and detention facilities. 11 (e-5) Records requested by persons committed to the 12 Department of Corrections, Department of Human Services 13 Division of Mental Health, or a county jail if those 14 materials are available in the library of the correctional 15 institution or facility or jail where the inmate is 16 confined. 17 (e-6) Records requested by persons committed to the 18 Department of Corrections, Department of Human Services 19 Division of Mental Health, or a county jail if those 20 materials include records from staff members' personnel 21 files, staff rosters, or other staffing assignment 22 information. 23 (e-7) Records requested by persons committed to the 24 Department of Corrections or Department of Human Services 25 Division of Mental Health if those materials are available 26 through an administrative request to the Department of HB2455 - 9 - LRB103 25461 AWJ 51810 b HB2455- 10 -LRB103 25461 AWJ 51810 b HB2455 - 10 - LRB103 25461 AWJ 51810 b HB2455 - 10 - LRB103 25461 AWJ 51810 b 1 Corrections or Department of Human Services Division of 2 Mental Health. 3 (e-8) Records requested by a person committed to the 4 Department of Corrections, Department of Human Services 5 Division of Mental Health, or a county jail, the 6 disclosure of which would result in the risk of harm to any 7 person or the risk of an escape from a jail or correctional 8 institution or facility. 9 (e-9) Records requested by a person in a county jail 10 or committed to the Department of Corrections or 11 Department of Human Services Division of Mental Health, 12 containing personal information pertaining to the person's 13 victim or the victim's family, including, but not limited 14 to, a victim's home address, home telephone number, work 15 or school address, work telephone number, social security 16 number, or any other identifying information, except as 17 may be relevant to a requester's current or potential case 18 or claim. 19 (e-10) Law enforcement records of other persons 20 requested by a person committed to the Department of 21 Corrections, Department of Human Services Division of 22 Mental Health, or a county jail, including, but not 23 limited to, arrest and booking records, mug shots, and 24 crime scene photographs, except as these records may be 25 relevant to the requester's current or potential case or 26 claim. HB2455 - 10 - LRB103 25461 AWJ 51810 b HB2455- 11 -LRB103 25461 AWJ 51810 b HB2455 - 11 - LRB103 25461 AWJ 51810 b HB2455 - 11 - LRB103 25461 AWJ 51810 b 1 (f) Preliminary drafts, notes, recommendations, 2 memoranda, and other records in which opinions are 3 expressed, or policies or actions are formulated, except 4 that a specific record or relevant portion of a record 5 shall not be exempt when the record is publicly cited and 6 identified by the head of the public body. The exemption 7 provided in this paragraph (f) extends to all those 8 records of officers and agencies of the General Assembly 9 that pertain to the preparation of legislative documents. 10 (g) Trade secrets and commercial or financial 11 information obtained from a person or business where the 12 trade secrets or commercial or financial information are 13 furnished under a claim that they are proprietary, 14 privileged, or confidential, and that disclosure of the 15 trade secrets or commercial or financial information would 16 cause competitive harm to the person or business, and only 17 insofar as the claim directly applies to the records 18 requested. 19 The information included under this exemption includes 20 all trade secrets and commercial or financial information 21 obtained by a public body, including a public pension 22 fund, from a private equity fund or a privately held 23 company within the investment portfolio of a private 24 equity fund as a result of either investing or evaluating 25 a potential investment of public funds in a private equity 26 fund. The exemption contained in this item does not apply HB2455 - 11 - LRB103 25461 AWJ 51810 b HB2455- 12 -LRB103 25461 AWJ 51810 b HB2455 - 12 - LRB103 25461 AWJ 51810 b HB2455 - 12 - LRB103 25461 AWJ 51810 b 1 to the aggregate financial performance information of a 2 private equity fund, nor to the identity of the fund's 3 managers or general partners. The exemption contained in 4 this item does not apply to the identity of a privately 5 held company within the investment portfolio of a private 6 equity fund, unless the disclosure of the identity of a 7 privately held company may cause competitive harm. 8 Nothing contained in this paragraph (g) shall be 9 construed to prevent a person or business from consenting 10 to disclosure. 11 (h) Proposals and bids for any contract, grant, or 12 agreement, including information which if it were 13 disclosed would frustrate procurement or give an advantage 14 to any person proposing to enter into a contractor 15 agreement with the body, until an award or final selection 16 is made. Information prepared by or for the body in 17 preparation of a bid solicitation shall be exempt until an 18 award or final selection is made. 19 (i) Valuable formulae, computer geographic systems, 20 designs, drawings, and research data obtained or produced 21 by any public body when disclosure could reasonably be 22 expected to produce private gain or public loss. The 23 exemption for "computer geographic systems" provided in 24 this paragraph (i) does not extend to requests made by 25 news media as defined in Section 2 of this Act when the 26 requested information is not otherwise exempt and the only HB2455 - 12 - LRB103 25461 AWJ 51810 b HB2455- 13 -LRB103 25461 AWJ 51810 b HB2455 - 13 - LRB103 25461 AWJ 51810 b HB2455 - 13 - LRB103 25461 AWJ 51810 b 1 purpose of the request is to access and disseminate 2 information regarding the health, safety, welfare, or 3 legal rights of the general public. 4 (j) The following information pertaining to 5 educational matters: 6 (i) test questions, scoring keys, and other 7 examination data used to administer an academic 8 examination; 9 (ii) information received by a primary or 10 secondary school, college, or university under its 11 procedures for the evaluation of faculty members by 12 their academic peers; 13 (iii) information concerning a school or 14 university's adjudication of student disciplinary 15 cases, but only to the extent that disclosure would 16 unavoidably reveal the identity of the student; and 17 (iv) course materials or research materials used 18 by faculty members. 19 (k) Architects' plans, engineers' technical 20 submissions, and other construction related technical 21 documents for projects not constructed or developed in 22 whole or in part with public funds and the same for 23 projects constructed or developed with public funds, 24 including, but not limited to, power generating and 25 distribution stations and other transmission and 26 distribution facilities, water treatment facilities, HB2455 - 13 - LRB103 25461 AWJ 51810 b HB2455- 14 -LRB103 25461 AWJ 51810 b HB2455 - 14 - LRB103 25461 AWJ 51810 b HB2455 - 14 - LRB103 25461 AWJ 51810 b 1 airport facilities, sport stadiums, convention centers, 2 and all government owned, operated, or occupied buildings, 3 but only to the extent that disclosure would compromise 4 security. 5 (l) Minutes of meetings of public bodies closed to the 6 public as provided in the Open Meetings Act until the 7 public body makes the minutes available to the public 8 under Section 2.06 of the Open Meetings Act. 9 (m) Communications between a public body and an 10 attorney or auditor representing the public body that 11 would not be subject to discovery in litigation, and 12 materials prepared or compiled by or for a public body in 13 anticipation of a criminal, civil, or administrative 14 proceeding upon the request of an attorney advising the 15 public body, and materials prepared or compiled with 16 respect to internal audits of public bodies. 17 (n) Records relating to a public body's adjudication 18 of employee grievances or disciplinary cases; however, 19 this exemption shall not extend to the final outcome of 20 cases in which discipline is imposed. 21 (o) Administrative or technical information associated 22 with automated data processing operations, including, but 23 not limited to, software, operating protocols, computer 24 program abstracts, file layouts, source listings, object 25 modules, load modules, user guides, documentation 26 pertaining to all logical and physical design of HB2455 - 14 - LRB103 25461 AWJ 51810 b HB2455- 15 -LRB103 25461 AWJ 51810 b HB2455 - 15 - LRB103 25461 AWJ 51810 b HB2455 - 15 - LRB103 25461 AWJ 51810 b 1 computerized systems, employee manuals, and any other 2 information that, if disclosed, would jeopardize the 3 security of the system or its data or the security of 4 materials exempt under this Section. 5 (p) Records relating to collective negotiating matters 6 between public bodies and their employees or 7 representatives, except that any final contract or 8 agreement shall be subject to inspection and copying. 9 (q) Test questions, scoring keys, and other 10 examination data used to determine the qualifications of 11 an applicant for a license or employment. 12 (r) The records, documents, and information relating 13 to real estate purchase negotiations until those 14 negotiations have been completed or otherwise terminated. 15 With regard to a parcel involved in a pending or actually 16 and reasonably contemplated eminent domain proceeding 17 under the Eminent Domain Act, records, documents, and 18 information relating to that parcel shall be exempt except 19 as may be allowed under discovery rules adopted by the 20 Illinois Supreme Court. The records, documents, and 21 information relating to a real estate sale shall be exempt 22 until a sale is consummated. 23 (s) Any and all proprietary information and records 24 related to the operation of an intergovernmental risk 25 management association or self-insurance pool or jointly 26 self-administered health and accident cooperative or pool. HB2455 - 15 - LRB103 25461 AWJ 51810 b HB2455- 16 -LRB103 25461 AWJ 51810 b HB2455 - 16 - LRB103 25461 AWJ 51810 b HB2455 - 16 - LRB103 25461 AWJ 51810 b 1 Insurance or self-insurance self insurance (including any 2 intergovernmental risk management association or 3 self-insurance self insurance pool) claims, loss or risk 4 management information, records, data, advice, or 5 communications. 6 (t) Information contained in or related to 7 examination, operating, or condition reports prepared by, 8 on behalf of, or for the use of a public body responsible 9 for the regulation or supervision of financial 10 institutions, insurance companies, or pharmacy benefit 11 managers, unless disclosure is otherwise required by State 12 law. 13 (u) Information that would disclose or might lead to 14 the disclosure of secret or confidential information, 15 codes, algorithms, programs, or private keys intended to 16 be used to create electronic signatures under the Uniform 17 Electronic Transactions Act. 18 (v) Vulnerability assessments, security measures, and 19 response policies or plans that are designed to identify, 20 prevent, or respond to potential attacks upon a 21 community's population or systems, facilities, or 22 installations, but only to the extent that disclosure 23 could reasonably be expected to expose the vulnerability 24 or jeopardize the effectiveness of the measures, policies, 25 or plans, or the safety of the personnel who implement 26 them or the public. Information exempt under this item may HB2455 - 16 - LRB103 25461 AWJ 51810 b HB2455- 17 -LRB103 25461 AWJ 51810 b HB2455 - 17 - LRB103 25461 AWJ 51810 b HB2455 - 17 - LRB103 25461 AWJ 51810 b 1 include such things as details pertaining to the 2 mobilization or deployment of personnel or equipment, to 3 the operation of communication systems or protocols, to 4 cybersecurity vulnerabilities, or to tactical operations. 5 (w) (Blank). 6 (x) Maps and other records regarding the location or 7 security of generation, transmission, distribution, 8 storage, gathering, treatment, or switching facilities 9 owned by a utility, by a power generator, or by the 10 Illinois Power Agency. 11 (y) Information contained in or related to proposals, 12 bids, or negotiations related to electric power 13 procurement under Section 1-75 of the Illinois Power 14 Agency Act and Section 16-111.5 of the Public Utilities 15 Act that is determined to be confidential and proprietary 16 by the Illinois Power Agency or by the Illinois Commerce 17 Commission. 18 (z) Information about students exempted from 19 disclosure under Section Sections 10-20.38 or 34-18.29 of 20 the School Code, and information about undergraduate 21 students enrolled at an institution of higher education 22 exempted from disclosure under Section 25 of the Illinois 23 Credit Card Marketing Act of 2009. 24 (aa) Information the disclosure of which is exempted 25 under the Viatical Settlements Act of 2009. 26 (bb) Records and information provided to a mortality HB2455 - 17 - LRB103 25461 AWJ 51810 b HB2455- 18 -LRB103 25461 AWJ 51810 b HB2455 - 18 - LRB103 25461 AWJ 51810 b HB2455 - 18 - LRB103 25461 AWJ 51810 b 1 review team and records maintained by a mortality review 2 team appointed under the Department of Juvenile Justice 3 Mortality Review Team Act. 4 (cc) Information regarding interments, entombments, or 5 inurnments of human remains that are submitted to the 6 Cemetery Oversight Database under the Cemetery Care Act or 7 the Cemetery Oversight Act, whichever is applicable. 8 (dd) Correspondence and records (i) that may not be 9 disclosed under Section 11-9 of the Illinois Public Aid 10 Code or (ii) that pertain to appeals under Section 11-8 of 11 the Illinois Public Aid Code. 12 (ee) The names, addresses, or other personal 13 information of persons who are minors and are also 14 participants and registrants in programs of park 15 districts, forest preserve districts, conservation 16 districts, recreation agencies, and special recreation 17 associations. 18 (ff) The names, addresses, or other personal 19 information of participants and registrants in programs of 20 park districts, forest preserve districts, conservation 21 districts, recreation agencies, and special recreation 22 associations where such programs are targeted primarily to 23 minors. 24 (gg) Confidential information described in Section 25 1-100 of the Illinois Independent Tax Tribunal Act of 26 2012. HB2455 - 18 - LRB103 25461 AWJ 51810 b HB2455- 19 -LRB103 25461 AWJ 51810 b HB2455 - 19 - LRB103 25461 AWJ 51810 b HB2455 - 19 - LRB103 25461 AWJ 51810 b 1 (hh) The report submitted to the State Board of 2 Education by the School Security and Standards Task Force 3 under item (8) of subsection (d) of Section 2-3.160 of the 4 School Code and any information contained in that report. 5 (ii) Records requested by persons committed to or 6 detained by the Department of Human Services under the 7 Sexually Violent Persons Commitment Act or committed to 8 the Department of Corrections under the Sexually Dangerous 9 Persons Act if those materials: (i) are available in the 10 library of the facility where the individual is confined; 11 (ii) include records from staff members' personnel files, 12 staff rosters, or other staffing assignment information; 13 or (iii) are available through an administrative request 14 to the Department of Human Services or the Department of 15 Corrections. 16 (jj) Confidential information described in Section 17 5-535 of the Civil Administrative Code of Illinois. 18 (kk) The public body's credit card numbers, debit card 19 numbers, bank account numbers, Federal Employer 20 Identification Number, security code numbers, passwords, 21 and similar account information, the disclosure of which 22 could result in identity theft or impression or defrauding 23 of a governmental entity or a person. 24 (ll) Records concerning the work of the threat 25 assessment team of a school district, including, but not 26 limited to, any threat assessment procedure under the HB2455 - 19 - LRB103 25461 AWJ 51810 b HB2455- 20 -LRB103 25461 AWJ 51810 b HB2455 - 20 - LRB103 25461 AWJ 51810 b HB2455 - 20 - LRB103 25461 AWJ 51810 b 1 School Safety Drill Act and any information contained in 2 the procedure. 3 (mm) Information prohibited from being disclosed under 4 subsections (a) and (b) of Section 15 of the Student 5 Confidential Reporting Act. 6 (nn) (mm) Proprietary information submitted to the 7 Environmental Protection Agency under the Drug Take-Back 8 Act. 9 (oo) (mm) Records described in subsection (f) of 10 Section 3-5-1 of the Unified Code of Corrections. 11 (1.5) Any information exempt from disclosure under the 12 Judicial Privacy Act shall be redacted from public records 13 prior to disclosure under this Act. 14 (2) A public record that is not in the possession of a 15 public body but is in the possession of a party with whom the 16 agency has contracted to perform a governmental function on 17 behalf of the public body, and that directly relates to the 18 governmental function and is not otherwise exempt under this 19 Act, shall be considered a public record of the public body, 20 for purposes of this Act. 21 (3) This Section does not authorize withholding of 22 information or limit the availability of records to the 23 public, except as stated in this Section or otherwise provided 24 in this Act. 25 (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; 26 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. HB2455 - 20 - LRB103 25461 AWJ 51810 b HB2455- 21 -LRB103 25461 AWJ 51810 b HB2455 - 21 - LRB103 25461 AWJ 51810 b HB2455 - 21 - LRB103 25461 AWJ 51810 b 1 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, 2 eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; 3 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised 4 12-13-22.) 5 (Text of Section after amendment by P.A. 102-982) 6 Sec. 7. Exemptions. 7 (1) When a request is made to inspect or copy a public 8 record that contains information that is exempt from 9 disclosure under this Section, but also contains information 10 that is not exempt from disclosure, the public body may elect 11 to redact the information that is exempt. The public body 12 shall make the remaining information available for inspection 13 and copying. Subject to this requirement, the following shall 14 be exempt from inspection and copying: 15 (a) Information specifically prohibited from 16 disclosure by federal or State law or rules and 17 regulations implementing federal or State law. 18 (b) Private information, unless disclosure is required 19 by another provision of this Act, a State or federal law, 20 or a court order. 21 (b-5) Files, documents, and other data or databases 22 maintained by one or more law enforcement agencies and 23 specifically designed to provide information to one or 24 more law enforcement agencies regarding the physical or 25 mental status of one or more individual subjects. HB2455 - 21 - LRB103 25461 AWJ 51810 b HB2455- 22 -LRB103 25461 AWJ 51810 b HB2455 - 22 - LRB103 25461 AWJ 51810 b HB2455 - 22 - LRB103 25461 AWJ 51810 b 1 (c) Personal information contained within public 2 records, the disclosure of which would constitute a 3 clearly unwarranted invasion of personal privacy, unless 4 the disclosure is consented to in writing by the 5 individual subjects of the information. "Unwarranted 6 invasion of personal privacy" means the disclosure of 7 information that is highly personal or objectionable to a 8 reasonable person and in which the subject's right to 9 privacy outweighs any legitimate public interest in 10 obtaining the information. The disclosure of information 11 that bears on the public duties of public employees and 12 officials shall not be considered an invasion of personal 13 privacy. 14 (d) Records in the possession of any public body 15 created in the course of administrative enforcement 16 proceedings, and any law enforcement or correctional 17 agency for law enforcement purposes, but only to the 18 extent that disclosure would: 19 (i) interfere with pending or actually and 20 reasonably contemplated law enforcement proceedings 21 conducted by any law enforcement or correctional 22 agency that is the recipient of the request; 23 (ii) interfere with active administrative 24 enforcement proceedings conducted by the public body 25 that is the recipient of the request; 26 (iii) create a substantial likelihood that a HB2455 - 22 - LRB103 25461 AWJ 51810 b HB2455- 23 -LRB103 25461 AWJ 51810 b HB2455 - 23 - LRB103 25461 AWJ 51810 b HB2455 - 23 - LRB103 25461 AWJ 51810 b 1 person will be deprived of a fair trial or an impartial 2 hearing; 3 (iv) unavoidably disclose the identity of a 4 confidential source, confidential information 5 furnished only by the confidential source, or persons 6 who file complaints with or provide information to 7 administrative, investigative, law enforcement, or 8 penal agencies; except that the identities of 9 witnesses to traffic crashes, traffic crash reports, 10 and rescue reports shall be provided by agencies of 11 local government, except when disclosure would 12 interfere with an active criminal investigation 13 conducted by the agency that is the recipient of the 14 request; 15 (v) disclose unique or specialized investigative 16 techniques other than those generally used and known 17 or disclose internal documents of correctional 18 agencies related to detection, observation, or 19 investigation of incidents of crime or misconduct, and 20 disclosure would result in demonstrable harm to the 21 agency or public body that is the recipient of the 22 request; 23 (vi) endanger the life or physical safety of law 24 enforcement personnel or any other person; or 25 (vii) obstruct an ongoing criminal investigation 26 by the agency that is the recipient of the request. HB2455 - 23 - LRB103 25461 AWJ 51810 b HB2455- 24 -LRB103 25461 AWJ 51810 b HB2455 - 24 - LRB103 25461 AWJ 51810 b HB2455 - 24 - LRB103 25461 AWJ 51810 b 1 (d-5) A law enforcement record created for law 2 enforcement purposes and contained in a shared electronic 3 record management system if the law enforcement agency 4 that is the recipient of the request did not create the 5 record, did not participate in or have a role in any of the 6 events which are the subject of the record, and only has 7 access to the record through the shared electronic record 8 management system. 9 (d-6) Records contained in the Officer Professional 10 Conduct Database under Section 9.2 of the Illinois Police 11 Training Act, except to the extent authorized under that 12 Section. This includes the documents supplied to the 13 Illinois Law Enforcement Training Standards Board from the 14 Illinois State Police and Illinois State Police Merit 15 Board. 16 (e) Records that relate to or affect the security of 17 correctional institutions and detention facilities. 18 (e-5) Records requested by persons committed to the 19 Department of Corrections, Department of Human Services 20 Division of Mental Health, or a county jail if those 21 materials are available in the library of the correctional 22 institution or facility or jail where the inmate is 23 confined. 24 (e-6) Records requested by persons committed to the 25 Department of Corrections, Department of Human Services 26 Division of Mental Health, or a county jail if those HB2455 - 24 - LRB103 25461 AWJ 51810 b HB2455- 25 -LRB103 25461 AWJ 51810 b HB2455 - 25 - LRB103 25461 AWJ 51810 b HB2455 - 25 - LRB103 25461 AWJ 51810 b 1 materials include records from staff members' personnel 2 files, staff rosters, or other staffing assignment 3 information. 4 (e-7) Records requested by persons committed to the 5 Department of Corrections or Department of Human Services 6 Division of Mental Health if those materials are available 7 through an administrative request to the Department of 8 Corrections or Department of Human Services Division of 9 Mental Health. 10 (e-8) Records requested by a person committed to the 11 Department of Corrections, Department of Human Services 12 Division of Mental Health, or a county jail, the 13 disclosure of which would result in the risk of harm to any 14 person or the risk of an escape from a jail or correctional 15 institution or facility. 16 (e-9) Records requested by a person in a county jail 17 or committed to the Department of Corrections or 18 Department of Human Services Division of Mental Health, 19 containing personal information pertaining to the person's 20 victim or the victim's family, including, but not limited 21 to, a victim's home address, home telephone number, work 22 or school address, work telephone number, social security 23 number, or any other identifying information, except as 24 may be relevant to a requester's current or potential case 25 or claim. 26 (e-10) Law enforcement records of other persons HB2455 - 25 - LRB103 25461 AWJ 51810 b HB2455- 26 -LRB103 25461 AWJ 51810 b HB2455 - 26 - LRB103 25461 AWJ 51810 b HB2455 - 26 - LRB103 25461 AWJ 51810 b 1 requested by a person committed to the Department of 2 Corrections, Department of Human Services Division of 3 Mental Health, or a county jail, including, but not 4 limited to, arrest and booking records, mug shots, and 5 crime scene photographs, except as these records may be 6 relevant to the requester's current or potential case or 7 claim. 8 (f) Preliminary drafts, notes, recommendations, 9 memoranda, and other records in which opinions are 10 expressed, or policies or actions are formulated, except 11 that a specific record or relevant portion of a record 12 shall not be exempt when the record is publicly cited and 13 identified by the head of the public body. The exemption 14 provided in this paragraph (f) extends to all those 15 records of officers and agencies of the General Assembly 16 that pertain to the preparation of legislative documents 17 and to all those records that pertain to the preparation 18 of judicial opinions and orders. 19 (g) Trade secrets and commercial or financial 20 information obtained from a person or business where the 21 trade secrets or commercial or financial information are 22 furnished under a claim that they are proprietary, 23 privileged, or confidential, and that disclosure of the 24 trade secrets or commercial or financial information would 25 cause competitive harm to the person or business, and only 26 insofar as the claim directly applies to the records HB2455 - 26 - LRB103 25461 AWJ 51810 b HB2455- 27 -LRB103 25461 AWJ 51810 b HB2455 - 27 - LRB103 25461 AWJ 51810 b HB2455 - 27 - LRB103 25461 AWJ 51810 b 1 requested. 2 The information included under this exemption includes 3 all trade secrets and commercial or financial information 4 obtained by a public body, including a public pension 5 fund, from a private equity fund or a privately held 6 company within the investment portfolio of a private 7 equity fund as a result of either investing or evaluating 8 a potential investment of public funds in a private equity 9 fund. The exemption contained in this item does not apply 10 to the aggregate financial performance information of a 11 private equity fund, nor to the identity of the fund's 12 managers or general partners. The exemption contained in 13 this item does not apply to the identity of a privately 14 held company within the investment portfolio of a private 15 equity fund, unless the disclosure of the identity of a 16 privately held company may cause competitive harm. 17 Nothing contained in this paragraph (g) shall be 18 construed to prevent a person or business from consenting 19 to disclosure. 20 (h) Proposals and bids for any contract, grant, or 21 agreement, including information which if it were 22 disclosed would frustrate procurement or give an advantage 23 to any person proposing to enter into a contractor 24 agreement with the body, until an award or final selection 25 is made. Information prepared by or for the body in 26 preparation of a bid solicitation shall be exempt until an HB2455 - 27 - LRB103 25461 AWJ 51810 b HB2455- 28 -LRB103 25461 AWJ 51810 b HB2455 - 28 - LRB103 25461 AWJ 51810 b HB2455 - 28 - LRB103 25461 AWJ 51810 b 1 award or final selection is made. 2 (i) Valuable formulae, computer geographic systems, 3 designs, drawings, and research data obtained or produced 4 by any public body when disclosure could reasonably be 5 expected to produce private gain or public loss. The 6 exemption for "computer geographic systems" provided in 7 this paragraph (i) does not extend to requests made by 8 news media as defined in Section 2 of this Act when the 9 requested information is not otherwise exempt and the only 10 purpose of the request is to access and disseminate 11 information regarding the health, safety, welfare, or 12 legal rights of the general public. 13 (j) The following information pertaining to 14 educational matters: 15 (i) test questions, scoring keys, and other 16 examination data used to administer an academic 17 examination; 18 (ii) information received by a primary or 19 secondary school, college, or university under its 20 procedures for the evaluation of faculty members by 21 their academic peers; 22 (iii) information concerning a school or 23 university's adjudication of student disciplinary 24 cases, but only to the extent that disclosure would 25 unavoidably reveal the identity of the student; and 26 (iv) course materials or research materials used HB2455 - 28 - LRB103 25461 AWJ 51810 b HB2455- 29 -LRB103 25461 AWJ 51810 b HB2455 - 29 - LRB103 25461 AWJ 51810 b HB2455 - 29 - LRB103 25461 AWJ 51810 b 1 by faculty members. 2 (k) Architects' plans, engineers' technical 3 submissions, and other construction related technical 4 documents for projects not constructed or developed in 5 whole or in part with public funds and the same for 6 projects constructed or developed with public funds, 7 including, but not limited to, power generating and 8 distribution stations and other transmission and 9 distribution facilities, water treatment facilities, 10 airport facilities, sport stadiums, convention centers, 11 and all government owned, operated, or occupied buildings, 12 but only to the extent that disclosure would compromise 13 security. 14 (l) Minutes of meetings of public bodies closed to the 15 public as provided in the Open Meetings Act until the 16 public body makes the minutes available to the public 17 under Section 2.06 of the Open Meetings Act. 18 (m) Communications between a public body and an 19 attorney or auditor representing the public body that 20 would not be subject to discovery in litigation, and 21 materials prepared or compiled by or for a public body in 22 anticipation of a criminal, civil, or administrative 23 proceeding upon the request of an attorney advising the 24 public body, and materials prepared or compiled with 25 respect to internal audits of public bodies. 26 (n) Records relating to a public body's adjudication HB2455 - 29 - LRB103 25461 AWJ 51810 b HB2455- 30 -LRB103 25461 AWJ 51810 b HB2455 - 30 - LRB103 25461 AWJ 51810 b HB2455 - 30 - LRB103 25461 AWJ 51810 b 1 of employee grievances or disciplinary cases; however, 2 this exemption shall not extend to the final outcome of 3 cases in which discipline is imposed. 4 (o) Administrative or technical information associated 5 with automated data processing operations, including, but 6 not limited to, software, operating protocols, computer 7 program abstracts, file layouts, source listings, object 8 modules, load modules, user guides, documentation 9 pertaining to all logical and physical design of 10 computerized systems, employee manuals, and any other 11 information that, if disclosed, would jeopardize the 12 security of the system or its data or the security of 13 materials exempt under this Section. 14 (p) Records relating to collective negotiating matters 15 between public bodies and their employees or 16 representatives, except that any final contract or 17 agreement shall be subject to inspection and copying. 18 (q) Test questions, scoring keys, and other 19 examination data used to determine the qualifications of 20 an applicant for a license or employment. 21 (r) The records, documents, and information relating 22 to real estate purchase negotiations until those 23 negotiations have been completed or otherwise terminated. 24 With regard to a parcel involved in a pending or actually 25 and reasonably contemplated eminent domain proceeding 26 under the Eminent Domain Act, records, documents, and HB2455 - 30 - LRB103 25461 AWJ 51810 b HB2455- 31 -LRB103 25461 AWJ 51810 b HB2455 - 31 - LRB103 25461 AWJ 51810 b HB2455 - 31 - LRB103 25461 AWJ 51810 b 1 information relating to that parcel shall be exempt except 2 as may be allowed under discovery rules adopted by the 3 Illinois Supreme Court. The records, documents, and 4 information relating to a real estate sale shall be exempt 5 until a sale is consummated. 6 (s) Any and all proprietary information and records 7 related to the operation of an intergovernmental risk 8 management association or self-insurance pool or jointly 9 self-administered health and accident cooperative or pool. 10 Insurance or self-insurance self insurance (including any 11 intergovernmental risk management association or 12 self-insurance self insurance pool) claims, loss or risk 13 management information, records, data, advice, or 14 communications. 15 (t) Information contained in or related to 16 examination, operating, or condition reports prepared by, 17 on behalf of, or for the use of a public body responsible 18 for the regulation or supervision of financial 19 institutions, insurance companies, or pharmacy benefit 20 managers, unless disclosure is otherwise required by State 21 law. 22 (u) Information that would disclose or might lead to 23 the disclosure of secret or confidential information, 24 codes, algorithms, programs, or private keys intended to 25 be used to create electronic signatures under the Uniform 26 Electronic Transactions Act. HB2455 - 31 - LRB103 25461 AWJ 51810 b HB2455- 32 -LRB103 25461 AWJ 51810 b HB2455 - 32 - LRB103 25461 AWJ 51810 b HB2455 - 32 - LRB103 25461 AWJ 51810 b 1 (v) Vulnerability assessments, security measures, and 2 response policies or plans that are designed to identify, 3 prevent, or respond to potential attacks upon a 4 community's population or systems, facilities, or 5 installations, but only to the extent that disclosure 6 could reasonably be expected to expose the vulnerability 7 or jeopardize the effectiveness of the measures, policies, 8 or plans, or the safety of the personnel who implement 9 them or the public. Information exempt under this item may 10 include such things as details pertaining to the 11 mobilization or deployment of personnel or equipment, to 12 the operation of communication systems or protocols, to 13 cybersecurity vulnerabilities, or to tactical operations. 14 (w) (Blank). 15 (x) Maps and other records regarding the location or 16 security of generation, transmission, distribution, 17 storage, gathering, treatment, or switching facilities 18 owned by a utility, by a power generator, or by the 19 Illinois Power Agency. 20 (y) Information contained in or related to proposals, 21 bids, or negotiations related to electric power 22 procurement under Section 1-75 of the Illinois Power 23 Agency Act and Section 16-111.5 of the Public Utilities 24 Act that is determined to be confidential and proprietary 25 by the Illinois Power Agency or by the Illinois Commerce 26 Commission. HB2455 - 32 - LRB103 25461 AWJ 51810 b HB2455- 33 -LRB103 25461 AWJ 51810 b HB2455 - 33 - LRB103 25461 AWJ 51810 b HB2455 - 33 - LRB103 25461 AWJ 51810 b 1 (z) Information about students exempted from 2 disclosure under Section Sections 10-20.38 or 34-18.29 of 3 the School Code, and information about undergraduate 4 students enrolled at an institution of higher education 5 exempted from disclosure under Section 25 of the Illinois 6 Credit Card Marketing Act of 2009. 7 (aa) Information the disclosure of which is exempted 8 under the Viatical Settlements Act of 2009. 9 (bb) Records and information provided to a mortality 10 review team and records maintained by a mortality review 11 team appointed under the Department of Juvenile Justice 12 Mortality Review Team Act. 13 (cc) Information regarding interments, entombments, or 14 inurnments of human remains that are submitted to the 15 Cemetery Oversight Database under the Cemetery Care Act or 16 the Cemetery Oversight Act, whichever is applicable. 17 (dd) Correspondence and records (i) that may not be 18 disclosed under Section 11-9 of the Illinois Public Aid 19 Code or (ii) that pertain to appeals under Section 11-8 of 20 the Illinois Public Aid Code. 21 (ee) The names, addresses, or other personal 22 information of persons who are minors and are also 23 participants and registrants in programs of park 24 districts, forest preserve districts, conservation 25 districts, recreation agencies, and special recreation 26 associations. HB2455 - 33 - LRB103 25461 AWJ 51810 b HB2455- 34 -LRB103 25461 AWJ 51810 b HB2455 - 34 - LRB103 25461 AWJ 51810 b HB2455 - 34 - LRB103 25461 AWJ 51810 b 1 (ff) The names, addresses, or other personal 2 information of participants and registrants in programs of 3 park districts, forest preserve districts, conservation 4 districts, recreation agencies, and special recreation 5 associations where such programs are targeted primarily to 6 minors. 7 (gg) Confidential information described in Section 8 1-100 of the Illinois Independent Tax Tribunal Act of 9 2012. 10 (hh) The report submitted to the State Board of 11 Education by the School Security and Standards Task Force 12 under item (8) of subsection (d) of Section 2-3.160 of the 13 School Code and any information contained in that report. 14 (ii) Records requested by persons committed to or 15 detained by the Department of Human Services under the 16 Sexually Violent Persons Commitment Act or committed to 17 the Department of Corrections under the Sexually Dangerous 18 Persons Act if those materials: (i) are available in the 19 library of the facility where the individual is confined; 20 (ii) include records from staff members' personnel files, 21 staff rosters, or other staffing assignment information; 22 or (iii) are available through an administrative request 23 to the Department of Human Services or the Department of 24 Corrections. 25 (jj) Confidential information described in Section 26 5-535 of the Civil Administrative Code of Illinois. HB2455 - 34 - LRB103 25461 AWJ 51810 b HB2455- 35 -LRB103 25461 AWJ 51810 b HB2455 - 35 - LRB103 25461 AWJ 51810 b HB2455 - 35 - LRB103 25461 AWJ 51810 b 1 (kk) The public body's credit card numbers, debit card 2 numbers, bank account numbers, Federal Employer 3 Identification Number, security code numbers, passwords, 4 and similar account information, the disclosure of which 5 could result in identity theft or impression or defrauding 6 of a governmental entity or a person. 7 (ll) Records concerning the work of the threat 8 assessment team of a school district, including, but not 9 limited to, any threat assessment procedure under the 10 School Safety Drill Act and any information contained in 11 the procedure. 12 (mm) Information prohibited from being disclosed under 13 subsections (a) and (b) of Section 15 of the Student 14 Confidential Reporting Act. 15 (nn) (mm) Proprietary information submitted to the 16 Environmental Protection Agency under the Drug Take-Back 17 Act. 18 (oo) (mm) Records described in subsection (f) of 19 Section 3-5-1 of the Unified Code of Corrections. 20 (pp) Records that are subject to fees under Section 21 27.1b or 28 of the Clerks of Court Act. Those records shall 22 continue to be available as provided in those Sections. 23 (1.5) Any information exempt from disclosure under the 24 Judicial Privacy Act shall be redacted from public records 25 prior to disclosure under this Act. 26 (2) A public record that is not in the possession of a HB2455 - 35 - LRB103 25461 AWJ 51810 b HB2455- 36 -LRB103 25461 AWJ 51810 b HB2455 - 36 - LRB103 25461 AWJ 51810 b HB2455 - 36 - LRB103 25461 AWJ 51810 b 1 public body but is in the possession of a party with whom the 2 agency has contracted to perform a governmental function on 3 behalf of the public body, and that directly relates to the 4 governmental function and is not otherwise exempt under this 5 Act, shall be considered a public record of the public body, 6 for purposes of this Act. 7 (3) This Section does not authorize withholding of 8 information or limit the availability of records to the 9 public, except as stated in this Section or otherwise provided 10 in this Act. 11 (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; 12 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. 13 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, 14 eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; 15 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. 16 6-10-22; revised 12-13-22.) 17 Section 95. No acceleration or delay. Where this Act makes 18 changes in a statute that is represented in this Act by text 19 that is not yet or no longer in effect (for example, a Section 20 represented by multiple versions), the use of that text does 21 not accelerate or delay the taking effect of (i) the changes 22 made by this Act or (ii) provisions derived from any other 23 Public Act. HB2455 - 36 - LRB103 25461 AWJ 51810 b