Illinois 2023-2024 Regular Session

Illinois House Bill HB3326 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0540
2	1		HB3326 EnrolledLRB103 30785 MXP 57275 b HB3326 Enrolled LRB103 30785 MXP 57275 b
3	2		HB3326 Enrolled LRB103 30785 MXP 57275 b
4		-	AN ACT concerning transportation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Freedom of Information Act is amended by
8		-	changing Section 7 as follows:
9		-	(5 ILCS 140/7)
10		-	(Text of Section before amendment by P.A. 102-982)
11		-	Sec. 7. Exemptions.
12		-	(1) When a request is made to inspect or copy a public
13		-	record that contains information that is exempt from
14		-	disclosure under this Section, but also contains information
15		-	that is not exempt from disclosure, the public body may elect
16		-	to redact the information that is exempt. The public body
17		-	shall make the remaining information available for inspection
18		-	and copying. Subject to this requirement, the following shall
19		-	be exempt from inspection and copying:
20		-	(a) Information specifically prohibited from
21		-	disclosure by federal or State law or rules and
22		-	regulations implementing federal or State law.
23		-	(b) Private information, unless disclosure is required
24		-	by another provision of this Act, a State or federal law,
25		-	or a court order.
26		-	(b-5) Files, documents, and other data or databases
	3	+	1 AN ACT concerning transportation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Freedom of Information Act is amended by
	7	+	5 changing Section 7 as follows:
	8	+	6 (5 ILCS 140/7)
	9	+	7 (Text of Section before amendment by P.A. 102-982)
	10	+	8 Sec. 7. Exemptions.
	11	+	9 (1) When a request is made to inspect or copy a public
	12	+	10 record that contains information that is exempt from
	13	+	11 disclosure under this Section, but also contains information
	14	+	12 that is not exempt from disclosure, the public body may elect
	15	+	13 to redact the information that is exempt. The public body
	16	+	14 shall make the remaining information available for inspection
	17	+	15 and copying. Subject to this requirement, the following shall
	18	+	16 be exempt from inspection and copying:
	19	+	17 (a) Information specifically prohibited from
	20	+	18 disclosure by federal or State law or rules and
	21	+	19 regulations implementing federal or State law.
	22	+	20 (b) Private information, unless disclosure is required
	23	+	21 by another provision of this Act, a State or federal law,
	24	+	22 or a court order.
	25	+	23 (b-5) Files, documents, and other data or databases
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33		-	maintained by one or more law enforcement agencies and
34		-	specifically designed to provide information to one or
35		-	more law enforcement agencies regarding the physical or
36		-	mental status of one or more individual subjects.
37		-	(c) Personal information contained within public
38		-	records, the disclosure of which would constitute a
39		-	clearly unwarranted invasion of personal privacy, unless
40		-	the disclosure is consented to in writing by the
41		-	individual subjects of the information. "Unwarranted
42		-	invasion of personal privacy" means the disclosure of
43		-	information that is highly personal or objectionable to a
44		-	reasonable person and in which the subject's right to
45		-	privacy outweighs any legitimate public interest in
46		-	obtaining the information. The disclosure of information
47		-	that bears on the public duties of public employees and
48		-	officials shall not be considered an invasion of personal
49		-	privacy.
50		-	(d) Records in the possession of any public body
51		-	created in the course of administrative enforcement
52		-	proceedings, and any law enforcement or correctional
53		-	agency for law enforcement purposes, but only to the
54		-	extent that disclosure would:
55		-	(i) interfere with pending or actually and
56		-	reasonably contemplated law enforcement proceedings
57		-	conducted by any law enforcement or correctional
58		-	agency that is the recipient of the request;
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	34	+	1 maintained by one or more law enforcement agencies and
	35	+	2 specifically designed to provide information to one or
	36	+	3 more law enforcement agencies regarding the physical or
	37	+	4 mental status of one or more individual subjects.
	38	+	5 (c) Personal information contained within public
	39	+	6 records, the disclosure of which would constitute a
	40	+	7 clearly unwarranted invasion of personal privacy, unless
	41	+	8 the disclosure is consented to in writing by the
	42	+	9 individual subjects of the information. "Unwarranted
	43	+	10 invasion of personal privacy" means the disclosure of
	44	+	11 information that is highly personal or objectionable to a
	45	+	12 reasonable person and in which the subject's right to
	46	+	13 privacy outweighs any legitimate public interest in
	47	+	14 obtaining the information. The disclosure of information
	48	+	15 that bears on the public duties of public employees and
	49	+	16 officials shall not be considered an invasion of personal
	50	+	17 privacy.
	51	+	18 (d) Records in the possession of any public body
	52	+	19 created in the course of administrative enforcement
	53	+	20 proceedings, and any law enforcement or correctional
	54	+	21 agency for law enforcement purposes, but only to the
	55	+	22 extent that disclosure would:
	56	+	23 (i) interfere with pending or actually and
	57	+	24 reasonably contemplated law enforcement proceedings
	58	+	25 conducted by any law enforcement or correctional
	59	+	26 agency that is the recipient of the request;
59	60
60	61
61		-	(ii) interfere with active administrative
62		-	enforcement proceedings conducted by the public body
63		-	that is the recipient of the request;
64		-	(iii) create a substantial likelihood that a
65		-	person will be deprived of a fair trial or an impartial
66		-	hearing;
67		-	(iv) unavoidably disclose the identity of a
68		-	confidential source, confidential information
69		-	furnished only by the confidential source, or persons
70		-	who file complaints with or provide information to
71		-	administrative, investigative, law enforcement, or
72		-	penal agencies; except that the identities of
73		-	witnesses to traffic accidents, traffic accident
74		-	reports, and rescue reports shall be provided by
75		-	agencies of local government, except when disclosure
76		-	would interfere with an active criminal investigation
77		-	conducted by the agency that is the recipient of the
78		-	request;
79		-	(v) disclose unique or specialized investigative
80		-	techniques other than those generally used and known
81		-	or disclose internal documents of correctional
82		-	agencies related to detection, observation, or
83		-	investigation of incidents of crime or misconduct, and
84		-	disclosure would result in demonstrable harm to the
85		-	agency or public body that is the recipient of the
86		-	request;
87	62
88	63
89		-	(vi) endanger the life or physical safety of law
90		-	enforcement personnel or any other person; or
91		-	(vii) obstruct an ongoing criminal investigation
92		-	by the agency that is the recipient of the request.
93		-	(d-5) A law enforcement record created for law
94		-	enforcement purposes and contained in a shared electronic
95		-	record management system if the law enforcement agency
96		-	that is the recipient of the request did not create the
97		-	record, did not participate in or have a role in any of the
98		-	events which are the subject of the record, and only has
99		-	access to the record through the shared electronic record
100		-	management system.
101		-	(d-6) Records contained in the Officer Professional
102		-	Conduct Database under Section 9.2 of the Illinois Police
103		-	Training Act, except to the extent authorized under that
104		-	Section. This includes the documents supplied to the
105		-	Illinois Law Enforcement Training Standards Board from the
106		-	Illinois State Police and Illinois State Police Merit
107		-	Board.
108		-	(e) Records that relate to or affect the security of
109		-	correctional institutions and detention facilities.
110		-	(e-5) Records requested by persons committed to the
111		-	Department of Corrections, Department of Human Services
112		-	Division of Mental Health, or a county jail if those
113		-	materials are available in the library of the correctional
114		-	institution or facility or jail where the inmate is
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116	67
117		-	confined.
118		-	(e-6) Records requested by persons committed to the
119		-	Department of Corrections, Department of Human Services
120		-	Division of Mental Health, or a county jail if those
121		-	materials include records from staff members' personnel
122		-	files, staff rosters, or other staffing assignment
123		-	information.
124		-	(e-7) Records requested by persons committed to the
125		-	Department of Corrections or Department of Human Services
126		-	Division of Mental Health if those materials are available
127		-	through an administrative request to the Department of
128		-	Corrections or Department of Human Services Division of
129		-	Mental Health.
130		-	(e-8) Records requested by a person committed to the
131		-	Department of Corrections, Department of Human Services
132		-	Division of Mental Health, or a county jail, the
133		-	disclosure of which would result in the risk of harm to any
134		-	person or the risk of an escape from a jail or correctional
135		-	institution or facility.
136		-	(e-9) Records requested by a person in a county jail
137		-	or committed to the Department of Corrections or
138		-	Department of Human Services Division of Mental Health,
139		-	containing personal information pertaining to the person's
140		-	victim or the victim's family, including, but not limited
141		-	to, a victim's home address, home telephone number, work
142		-	or school address, work telephone number, social security
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	70	+	1 (ii) interfere with active administrative
	71	+	2 enforcement proceedings conducted by the public body
	72	+	3 that is the recipient of the request;
	73	+	4 (iii) create a substantial likelihood that a
	74	+	5 person will be deprived of a fair trial or an impartial
	75	+	6 hearing;
	76	+	7 (iv) unavoidably disclose the identity of a
	77	+	8 confidential source, confidential information
	78	+	9 furnished only by the confidential source, or persons
	79	+	10 who file complaints with or provide information to
	80	+	11 administrative, investigative, law enforcement, or
	81	+	12 penal agencies; except that the identities of
	82	+	13 witnesses to traffic accidents, traffic accident
	83	+	14 reports, and rescue reports shall be provided by
	84	+	15 agencies of local government, except when disclosure
	85	+	16 would interfere with an active criminal investigation
	86	+	17 conducted by the agency that is the recipient of the
	87	+	18 request;
	88	+	19 (v) disclose unique or specialized investigative
	89	+	20 techniques other than those generally used and known
	90	+	21 or disclose internal documents of correctional
	91	+	22 agencies related to detection, observation, or
	92	+	23 investigation of incidents of crime or misconduct, and
	93	+	24 disclosure would result in demonstrable harm to the
	94	+	25 agency or public body that is the recipient of the
	95	+	26 request;
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144	97
145		-	number, or any other identifying information, except as
146		-	may be relevant to a requester's current or potential case
147		-	or claim.
148		-	(e-10) Law enforcement records of other persons
149		-	requested by a person committed to the Department of
150		-	Corrections, Department of Human Services Division of
151		-	Mental Health, or a county jail, including, but not
152		-	limited to, arrest and booking records, mug shots, and
153		-	crime scene photographs, except as these records may be
154		-	relevant to the requester's current or potential case or
155		-	claim.
156		-	(f) Preliminary drafts, notes, recommendations,
157		-	memoranda, and other records in which opinions are
158		-	expressed, or policies or actions are formulated, except
159		-	that a specific record or relevant portion of a record
160		-	shall not be exempt when the record is publicly cited and
161		-	identified by the head of the public body. The exemption
162		-	provided in this paragraph (f) extends to all those
163		-	records of officers and agencies of the General Assembly
164		-	that pertain to the preparation of legislative documents.
165		-	(g) Trade secrets and commercial or financial
166		-	information obtained from a person or business where the
167		-	trade secrets or commercial or financial information are
168		-	furnished under a claim that they are proprietary,
169		-	privileged, or confidential, and that disclosure of the
170		-	trade secrets or commercial or financial information would
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172	99
173		-	cause competitive harm to the person or business, and only
174		-	insofar as the claim directly applies to the records
175		-	requested.
176		-	The information included under this exemption includes
177		-	all trade secrets and commercial or financial information
178		-	obtained by a public body, including a public pension
179		-	fund, from a private equity fund or a privately held
180		-	company within the investment portfolio of a private
181		-	equity fund as a result of either investing or evaluating
182		-	a potential investment of public funds in a private equity
183		-	fund. The exemption contained in this item does not apply
184		-	to the aggregate financial performance information of a
185		-	private equity fund, nor to the identity of the fund's
186		-	managers or general partners. The exemption contained in
187		-	this item does not apply to the identity of a privately
188		-	held company within the investment portfolio of a private
189		-	equity fund, unless the disclosure of the identity of a
190		-	privately held company may cause competitive harm.
191		-	Nothing contained in this paragraph (g) shall be
192		-	construed to prevent a person or business from consenting
193		-	to disclosure.
194		-	(h) Proposals and bids for any contract, grant, or
195		-	agreement, including information which if it were
196		-	disclosed would frustrate procurement or give an advantage
197		-	to any person proposing to enter into a contractor
198		-	agreement with the body, until an award or final selection
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201		-	is made. Information prepared by or for the body in
202		-	preparation of a bid solicitation shall be exempt until an
203		-	award or final selection is made.
204		-	(i) Valuable formulae, computer geographic systems,
205		-	designs, drawings, and research data obtained or produced
206		-	by any public body when disclosure could reasonably be
207		-	expected to produce private gain or public loss. The
208		-	exemption for "computer geographic systems" provided in
209		-	this paragraph (i) does not extend to requests made by
210		-	news media as defined in Section 2 of this Act when the
211		-	requested information is not otherwise exempt and the only
212		-	purpose of the request is to access and disseminate
213		-	information regarding the health, safety, welfare, or
214		-	legal rights of the general public.
215		-	(j) The following information pertaining to
216		-	educational matters:
217		-	(i) test questions, scoring keys, and other
218		-	examination data used to administer an academic
219		-	examination;
220		-	(ii) information received by a primary or
221		-	secondary school, college, or university under its
222		-	procedures for the evaluation of faculty members by
223		-	their academic peers;
224		-	(iii) information concerning a school or
225		-	university's adjudication of student disciplinary
226		-	cases, but only to the extent that disclosure would
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	106	+	1 (vi) endanger the life or physical safety of law
	107	+	2 enforcement personnel or any other person; or
	108	+	3 (vii) obstruct an ongoing criminal investigation
	109	+	4 by the agency that is the recipient of the request.
	110	+	5 (d-5) A law enforcement record created for law
	111	+	6 enforcement purposes and contained in a shared electronic
	112	+	7 record management system if the law enforcement agency
	113	+	8 that is the recipient of the request did not create the
	114	+	9 record, did not participate in or have a role in any of the
	115	+	10 events which are the subject of the record, and only has
	116	+	11 access to the record through the shared electronic record
	117	+	12 management system.
	118	+	13 (d-6) Records contained in the Officer Professional
	119	+	14 Conduct Database under Section 9.2 of the Illinois Police
	120	+	15 Training Act, except to the extent authorized under that
	121	+	16 Section. This includes the documents supplied to the
	122	+	17 Illinois Law Enforcement Training Standards Board from the
	123	+	18 Illinois State Police and Illinois State Police Merit
	124	+	19 Board.
	125	+	20 (e) Records that relate to or affect the security of
	126	+	21 correctional institutions and detention facilities.
	127	+	22 (e-5) Records requested by persons committed to the
	128	+	23 Department of Corrections, Department of Human Services
	129	+	24 Division of Mental Health, or a county jail if those
	130	+	25 materials are available in the library of the correctional
	131	+	26 institution or facility or jail where the inmate is
227	132
228	133
229		-	unavoidably reveal the identity of the student; and
230		-	(iv) course materials or research materials used
231		-	by faculty members.
232		-	(k) Architects' plans, engineers' technical
233		-	submissions, and other construction related technical
234		-	documents for projects not constructed or developed in
235		-	whole or in part with public funds and the same for
236		-	projects constructed or developed with public funds,
237		-	including, but not limited to, power generating and
238		-	distribution stations and other transmission and
239		-	distribution facilities, water treatment facilities,
240		-	airport facilities, sport stadiums, convention centers,
241		-	and all government owned, operated, or occupied buildings,
242		-	but only to the extent that disclosure would compromise
243		-	security.
244		-	(l) Minutes of meetings of public bodies closed to the
245		-	public as provided in the Open Meetings Act until the
246		-	public body makes the minutes available to the public
247		-	under Section 2.06 of the Open Meetings Act.
248		-	(m) Communications between a public body and an
249		-	attorney or auditor representing the public body that
250		-	would not be subject to discovery in litigation, and
251		-	materials prepared or compiled by or for a public body in
252		-	anticipation of a criminal, civil, or administrative
253		-	proceeding upon the request of an attorney advising the
254		-	public body, and materials prepared or compiled with
255	134
256	135
257		-	respect to internal audits of public bodies.
258		-	(n) Records relating to a public body's adjudication
259		-	of employee grievances or disciplinary cases; however,
260		-	this exemption shall not extend to the final outcome of
261		-	cases in which discipline is imposed.
262		-	(o) Administrative or technical information associated
263		-	with automated data processing operations, including, but
264		-	not limited to, software, operating protocols, computer
265		-	program abstracts, file layouts, source listings, object
266		-	modules, load modules, user guides, documentation
267		-	pertaining to all logical and physical design of
268		-	computerized systems, employee manuals, and any other
269		-	information that, if disclosed, would jeopardize the
270		-	security of the system or its data or the security of
271		-	materials exempt under this Section.
272		-	(p) Records relating to collective negotiating matters
273		-	between public bodies and their employees or
274		-	representatives, except that any final contract or
275		-	agreement shall be subject to inspection and copying.
276		-	(q) Test questions, scoring keys, and other
277		-	examination data used to determine the qualifications of
278		-	an applicant for a license or employment.
279		-	(r) The records, documents, and information relating
280		-	to real estate purchase negotiations until those
281		-	negotiations have been completed or otherwise terminated.
282		-	With regard to a parcel involved in a pending or actually
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284	139
285		-	and reasonably contemplated eminent domain proceeding
286		-	under the Eminent Domain Act, records, documents, and
287		-	information relating to that parcel shall be exempt except
288		-	as may be allowed under discovery rules adopted by the
289		-	Illinois Supreme Court. The records, documents, and
290		-	information relating to a real estate sale shall be exempt
291		-	until a sale is consummated.
292		-	(s) Any and all proprietary information and records
293		-	related to the operation of an intergovernmental risk
294		-	management association or self-insurance pool or jointly
295		-	self-administered health and accident cooperative or pool.
296		-	Insurance or self-insurance self insurance (including any
297		-	intergovernmental risk management association or
298		-	self-insurance self insurance pool) claims, loss or risk
299		-	management information, records, data, advice, or
300		-	communications.
301		-	(t) Information contained in or related to
302		-	examination, operating, or condition reports prepared by,
303		-	on behalf of, or for the use of a public body responsible
304		-	for the regulation or supervision of financial
305		-	institutions, insurance companies, or pharmacy benefit
306		-	managers, unless disclosure is otherwise required by State
307		-	law.
308		-	(u) Information that would disclose or might lead to
309		-	the disclosure of secret or confidential information,
310		-	codes, algorithms, programs, or private keys intended to
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	142	+	1 confined.
	143	+	2 (e-6) Records requested by persons committed to the
	144	+	3 Department of Corrections, Department of Human Services
	145	+	4 Division of Mental Health, or a county jail if those
	146	+	5 materials include records from staff members' personnel
	147	+	6 files, staff rosters, or other staffing assignment
	148	+	7 information.
	149	+	8 (e-7) Records requested by persons committed to the
	150	+	9 Department of Corrections or Department of Human Services
	151	+	10 Division of Mental Health if those materials are available
	152	+	11 through an administrative request to the Department of
	153	+	12 Corrections or Department of Human Services Division of
	154	+	13 Mental Health.
	155	+	14 (e-8) Records requested by a person committed to the
	156	+	15 Department of Corrections, Department of Human Services
	157	+	16 Division of Mental Health, or a county jail, the
	158	+	17 disclosure of which would result in the risk of harm to any
	159	+	18 person or the risk of an escape from a jail or correctional
	160	+	19 institution or facility.
	161	+	20 (e-9) Records requested by a person in a county jail
	162	+	21 or committed to the Department of Corrections or
	163	+	22 Department of Human Services Division of Mental Health,
	164	+	23 containing personal information pertaining to the person's
	165	+	24 victim or the victim's family, including, but not limited
	166	+	25 to, a victim's home address, home telephone number, work
	167	+	26 or school address, work telephone number, social security
311	168
312	169
313		-	be used to create electronic signatures under the Uniform
314		-	Electronic Transactions Act.
315		-	(v) Vulnerability assessments, security measures, and
316		-	response policies or plans that are designed to identify,
317		-	prevent, or respond to potential attacks upon a
318		-	community's population or systems, facilities, or
319		-	installations, but only to the extent that disclosure
320		-	could reasonably be expected to expose the vulnerability
321		-	or jeopardize the effectiveness of the measures, policies,
322		-	or plans, or the safety of the personnel who implement
323		-	them or the public. Information exempt under this item may
324		-	include such things as details pertaining to the
325		-	mobilization or deployment of personnel or equipment, to
326		-	the operation of communication systems or protocols, to
327		-	cybersecurity vulnerabilities, or to tactical operations.
328		-	(w) (Blank).
329		-	(x) Maps and other records regarding the location or
330		-	security of generation, transmission, distribution,
331		-	storage, gathering, treatment, or switching facilities
332		-	owned by a utility, by a power generator, or by the
333		-	Illinois Power Agency.
334		-	(y) Information contained in or related to proposals,
335		-	bids, or negotiations related to electric power
336		-	procurement under Section 1-75 of the Illinois Power
337		-	Agency Act and Section 16-111.5 of the Public Utilities
338		-	Act that is determined to be confidential and proprietary
339	170
340	171
341		-	by the Illinois Power Agency or by the Illinois Commerce
342		-	Commission.
343		-	(z) Information about students exempted from
344		-	disclosure under Section Sections 10-20.38 or 34-18.29 of
345		-	the School Code, and information about undergraduate
346		-	students enrolled at an institution of higher education
347		-	exempted from disclosure under Section 25 of the Illinois
348		-	Credit Card Marketing Act of 2009.
349		-	(aa) Information the disclosure of which is exempted
350		-	under the Viatical Settlements Act of 2009.
351		-	(bb) Records and information provided to a mortality
352		-	review team and records maintained by a mortality review
353		-	team appointed under the Department of Juvenile Justice
354		-	Mortality Review Team Act.
355		-	(cc) Information regarding interments, entombments, or
356		-	inurnments of human remains that are submitted to the
357		-	Cemetery Oversight Database under the Cemetery Care Act or
358		-	the Cemetery Oversight Act, whichever is applicable.
359		-	(dd) Correspondence and records (i) that may not be
360		-	disclosed under Section 11-9 of the Illinois Public Aid
361		-	Code or (ii) that pertain to appeals under Section 11-8 of
362		-	the Illinois Public Aid Code.
363		-	(ee) The names, addresses, or other personal
364		-	information of persons who are minors and are also
365		-	participants and registrants in programs of park
366		-	districts, forest preserve districts, conservation
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367	174
368	175
369		-	districts, recreation agencies, and special recreation
370		-	associations.
371		-	(ff) The names, addresses, or other personal
372		-	information of participants and registrants in programs of
373		-	park districts, forest preserve districts, conservation
374		-	districts, recreation agencies, and special recreation
375		-	associations where such programs are targeted primarily to
376		-	minors.
377		-	(gg) Confidential information described in Section
378		-	1-100 of the Illinois Independent Tax Tribunal Act of
379		-	2012.
380		-	(hh) The report submitted to the State Board of
381		-	Education by the School Security and Standards Task Force
382		-	under item (8) of subsection (d) of Section 2-3.160 of the
383		-	School Code and any information contained in that report.
384		-	(ii) Records requested by persons committed to or
385		-	detained by the Department of Human Services under the
386		-	Sexually Violent Persons Commitment Act or committed to
387		-	the Department of Corrections under the Sexually Dangerous
388		-	Persons Act if those materials: (i) are available in the
389		-	library of the facility where the individual is confined;
390		-	(ii) include records from staff members' personnel files,
391		-	staff rosters, or other staffing assignment information;
392		-	or (iii) are available through an administrative request
393		-	to the Department of Human Services or the Department of
394		-	Corrections.
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	178	+	1 number, or any other identifying information, except as
	179	+	2 may be relevant to a requester's current or potential case
	180	+	3 or claim.
	181	+	4 (e-10) Law enforcement records of other persons
	182	+	5 requested by a person committed to the Department of
	183	+	6 Corrections, Department of Human Services Division of
	184	+	7 Mental Health, or a county jail, including, but not
	185	+	8 limited to, arrest and booking records, mug shots, and
	186	+	9 crime scene photographs, except as these records may be
	187	+	10 relevant to the requester's current or potential case or
	188	+	11 claim.
	189	+	12 (f) Preliminary drafts, notes, recommendations,
	190	+	13 memoranda, and other records in which opinions are
	191	+	14 expressed, or policies or actions are formulated, except
	192	+	15 that a specific record or relevant portion of a record
	193	+	16 shall not be exempt when the record is publicly cited and
	194	+	17 identified by the head of the public body. The exemption
	195	+	18 provided in this paragraph (f) extends to all those
	196	+	19 records of officers and agencies of the General Assembly
	197	+	20 that pertain to the preparation of legislative documents.
	198	+	21 (g) Trade secrets and commercial or financial
	199	+	22 information obtained from a person or business where the
	200	+	23 trade secrets or commercial or financial information are
	201	+	24 furnished under a claim that they are proprietary,
	202	+	25 privileged, or confidential, and that disclosure of the
	203	+	26 trade secrets or commercial or financial information would
395	204
396	205
397		-	(jj) Confidential information described in Section
398		-	5-535 of the Civil Administrative Code of Illinois.
399		-	(kk) The public body's credit card numbers, debit card
400		-	numbers, bank account numbers, Federal Employer
401		-	Identification Number, security code numbers, passwords,
402		-	and similar account information, the disclosure of which
403		-	could result in identity theft or impression or defrauding
404		-	of a governmental entity or a person.
405		-	(ll) Records concerning the work of the threat
406		-	assessment team of a school district, including, but not
407		-	limited to, any threat assessment procedure under the
408		-	School Safety Drill Act and any information contained in
409		-	the procedure.
410		-	(mm) Information prohibited from being disclosed under
411		-	subsections (a) and (b) of Section 15 of the Student
412		-	Confidential Reporting Act.
413		-	(nn) (mm) Proprietary information submitted to the
414		-	Environmental Protection Agency under the Drug Take-Back
415		-	Act.
416		-	(oo) (mm) Records described in subsection (f) of
417		-	Section 3-5-1 of the Unified Code of Corrections.
418		-	(1.5) Any information exempt from disclosure under the
419		-	Judicial Privacy Act shall be redacted from public records
420		-	prior to disclosure under this Act.
421		-	(2) A public record that is not in the possession of a
422		-	public body but is in the possession of a party with whom the
423	206
424	207
425		-	agency has contracted to perform a governmental function on
426		-	behalf of the public body, and that directly relates to the
427		-	governmental function and is not otherwise exempt under this
428		-	Act, shall be considered a public record of the public body,
429		-	for purposes of this Act.
430		-	(3) This Section does not authorize withholding of
431		-	information or limit the availability of records to the
432		-	public, except as stated in this Section or otherwise provided
433		-	in this Act.
434		-	(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
435		-	101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
436		-	6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
437		-	eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
438		-	102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
439		-	12-13-22.)
440		-	(Text of Section after amendment by P.A. 102-982)
441		-	Sec. 7. Exemptions.
442		-	(1) When a request is made to inspect or copy a public
443		-	record that contains information that is exempt from
444		-	disclosure under this Section, but also contains information
445		-	that is not exempt from disclosure, the public body may elect
446		-	to redact the information that is exempt. The public body
447		-	shall make the remaining information available for inspection
448		-	and copying. Subject to this requirement, the following shall
449		-	be exempt from inspection and copying:
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450	210
451	211
452		-	(a) Information specifically prohibited from
453		-	disclosure by federal or State law or rules and
454		-	regulations implementing federal or State law.
455		-	(b) Private information, unless disclosure is required
456		-	by another provision of this Act, a State or federal law,
457		-	or a court order.
458		-	(b-5) Files, documents, and other data or databases
459		-	maintained by one or more law enforcement agencies and
460		-	specifically designed to provide information to one or
461		-	more law enforcement agencies regarding the physical or
462		-	mental status of one or more individual subjects.
463		-	(c) Personal information contained within public
464		-	records, the disclosure of which would constitute a
465		-	clearly unwarranted invasion of personal privacy, unless
466		-	the disclosure is consented to in writing by the
467		-	individual subjects of the information. "Unwarranted
468		-	invasion of personal privacy" means the disclosure of
469		-	information that is highly personal or objectionable to a
470		-	reasonable person and in which the subject's right to
471		-	privacy outweighs any legitimate public interest in
472		-	obtaining the information. The disclosure of information
473		-	that bears on the public duties of public employees and
474		-	officials shall not be considered an invasion of personal
475		-	privacy.
476		-	(d) Records in the possession of any public body
477		-	created in the course of administrative enforcement
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	214	+	1 cause competitive harm to the person or business, and only
	215	+	2 insofar as the claim directly applies to the records
	216	+	3 requested.
	217	+	4 The information included under this exemption includes
	218	+	5 all trade secrets and commercial or financial information
	219	+	6 obtained by a public body, including a public pension
	220	+	7 fund, from a private equity fund or a privately held
	221	+	8 company within the investment portfolio of a private
	222	+	9 equity fund as a result of either investing or evaluating
	223	+	10 a potential investment of public funds in a private equity
	224	+	11 fund. The exemption contained in this item does not apply
	225	+	12 to the aggregate financial performance information of a
	226	+	13 private equity fund, nor to the identity of the fund's
	227	+	14 managers or general partners. The exemption contained in
	228	+	15 this item does not apply to the identity of a privately
	229	+	16 held company within the investment portfolio of a private
	230	+	17 equity fund, unless the disclosure of the identity of a
	231	+	18 privately held company may cause competitive harm.
	232	+	19 Nothing contained in this paragraph (g) shall be
	233	+	20 construed to prevent a person or business from consenting
	234	+	21 to disclosure.
	235	+	22 (h) Proposals and bids for any contract, grant, or
	236	+	23 agreement, including information which if it were
	237	+	24 disclosed would frustrate procurement or give an advantage
	238	+	25 to any person proposing to enter into a contractor
	239	+	26 agreement with the body, until an award or final selection
478	240
479	241
480		-	proceedings, and any law enforcement or correctional
481		-	agency for law enforcement purposes, but only to the
482		-	extent that disclosure would:
483		-	(i) interfere with pending or actually and
484		-	reasonably contemplated law enforcement proceedings
485		-	conducted by any law enforcement or correctional
486		-	agency that is the recipient of the request;
487		-	(ii) interfere with active administrative
488		-	enforcement proceedings conducted by the public body
489		-	that is the recipient of the request;
490		-	(iii) create a substantial likelihood that a
491		-	person will be deprived of a fair trial or an impartial
492		-	hearing;
493		-	(iv) unavoidably disclose the identity of a
494		-	confidential source, confidential information
495		-	furnished only by the confidential source, or persons
496		-	who file complaints with or provide information to
497		-	administrative, investigative, law enforcement, or
498		-	penal agencies; except that the identities of
499		-	witnesses to traffic crashes, traffic crash reports,
500		-	and rescue reports shall be provided by agencies of
501		-	local government, except when disclosure would
502		-	interfere with an active criminal investigation
503		-	conducted by the agency that is the recipient of the
504		-	request;
505		-	(v) disclose unique or specialized investigative
506	242
507	243
508		-	techniques other than those generally used and known
509		-	or disclose internal documents of correctional
510		-	agencies related to detection, observation, or
511		-	investigation of incidents of crime or misconduct, and
512		-	disclosure would result in demonstrable harm to the
513		-	agency or public body that is the recipient of the
514		-	request;
515		-	(vi) endanger the life or physical safety of law
516		-	enforcement personnel or any other person; or
517		-	(vii) obstruct an ongoing criminal investigation
518		-	by the agency that is the recipient of the request.
519		-	(d-5) A law enforcement record created for law
520		-	enforcement purposes and contained in a shared electronic
521		-	record management system if the law enforcement agency
522		-	that is the recipient of the request did not create the
523		-	record, did not participate in or have a role in any of the
524		-	events which are the subject of the record, and only has
525		-	access to the record through the shared electronic record
526		-	management system.
527		-	(d-6) Records contained in the Officer Professional
528		-	Conduct Database under Section 9.2 of the Illinois Police
529		-	Training Act, except to the extent authorized under that
530		-	Section. This includes the documents supplied to the
531		-	Illinois Law Enforcement Training Standards Board from the
532		-	Illinois State Police and Illinois State Police Merit
533		-	Board.
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534	246
535	247
536		-	(d-7) Information gathered or records created from the
537		-	use of automatic license plate readers in connection with
538		-	Section 2-130 of the Illinois Vehicle Code.
539		-	(e) Records that relate to or affect the security of
540		-	correctional institutions and detention facilities.
541		-	(e-5) Records requested by persons committed to the
542		-	Department of Corrections, Department of Human Services
543		-	Division of Mental Health, or a county jail if those
544		-	materials are available in the library of the correctional
545		-	institution or facility or jail where the inmate is
546		-	confined.
547		-	(e-6) Records requested by persons committed to the
548		-	Department of Corrections, Department of Human Services
549		-	Division of Mental Health, or a county jail if those
550		-	materials include records from staff members' personnel
551		-	files, staff rosters, or other staffing assignment
552		-	information.
553		-	(e-7) Records requested by persons committed to the
554		-	Department of Corrections or Department of Human Services
555		-	Division of Mental Health if those materials are available
556		-	through an administrative request to the Department of
557		-	Corrections or Department of Human Services Division of
558		-	Mental Health.
559		-	(e-8) Records requested by a person committed to the
560		-	Department of Corrections, Department of Human Services
561		-	Division of Mental Health, or a county jail, the
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	250	+	1 is made. Information prepared by or for the body in
	251	+	2 preparation of a bid solicitation shall be exempt until an
	252	+	3 award or final selection is made.
	253	+	4 (i) Valuable formulae, computer geographic systems,
	254	+	5 designs, drawings, and research data obtained or produced
	255	+	6 by any public body when disclosure could reasonably be
	256	+	7 expected to produce private gain or public loss. The
	257	+	8 exemption for "computer geographic systems" provided in
	258	+	9 this paragraph (i) does not extend to requests made by
	259	+	10 news media as defined in Section 2 of this Act when the
	260	+	11 requested information is not otherwise exempt and the only
	261	+	12 purpose of the request is to access and disseminate
	262	+	13 information regarding the health, safety, welfare, or
	263	+	14 legal rights of the general public.
	264	+	15 (j) The following information pertaining to
	265	+	16 educational matters:
	266	+	17 (i) test questions, scoring keys, and other
	267	+	18 examination data used to administer an academic
	268	+	19 examination;
	269	+	20 (ii) information received by a primary or
	270	+	21 secondary school, college, or university under its
	271	+	22 procedures for the evaluation of faculty members by
	272	+	23 their academic peers;
	273	+	24 (iii) information concerning a school or
	274	+	25 university's adjudication of student disciplinary
	275	+	26 cases, but only to the extent that disclosure would
562	276
563	277
564		-	disclosure of which would result in the risk of harm to any
565		-	person or the risk of an escape from a jail or correctional
566		-	institution or facility.
567		-	(e-9) Records requested by a person in a county jail
568		-	or committed to the Department of Corrections or
569		-	Department of Human Services Division of Mental Health,
570		-	containing personal information pertaining to the person's
571		-	victim or the victim's family, including, but not limited
572		-	to, a victim's home address, home telephone number, work
573		-	or school address, work telephone number, social security
574		-	number, or any other identifying information, except as
575		-	may be relevant to a requester's current or potential case
576		-	or claim.
577		-	(e-10) Law enforcement records of other persons
578		-	requested by a person committed to the Department of
579		-	Corrections, Department of Human Services Division of
580		-	Mental Health, or a county jail, including, but not
581		-	limited to, arrest and booking records, mug shots, and
582		-	crime scene photographs, except as these records may be
583		-	relevant to the requester's current or potential case or
584		-	claim.
585		-	(f) Preliminary drafts, notes, recommendations,
586		-	memoranda, and other records in which opinions are
587		-	expressed, or policies or actions are formulated, except
588		-	that a specific record or relevant portion of a record
589		-	shall not be exempt when the record is publicly cited and
590	278
591	279
592		-	identified by the head of the public body. The exemption
593		-	provided in this paragraph (f) extends to all those
594		-	records of officers and agencies of the General Assembly
595		-	that pertain to the preparation of legislative documents.
596		-	(g) Trade secrets and commercial or financial
597		-	information obtained from a person or business where the
598		-	trade secrets or commercial or financial information are
599		-	furnished under a claim that they are proprietary,
600		-	privileged, or confidential, and that disclosure of the
601		-	trade secrets or commercial or financial information would
602		-	cause competitive harm to the person or business, and only
603		-	insofar as the claim directly applies to the records
604		-	requested.
605		-	The information included under this exemption includes
606		-	all trade secrets and commercial or financial information
607		-	obtained by a public body, including a public pension
608		-	fund, from a private equity fund or a privately held
609		-	company within the investment portfolio of a private
610		-	equity fund as a result of either investing or evaluating
611		-	a potential investment of public funds in a private equity
612		-	fund. The exemption contained in this item does not apply
613		-	to the aggregate financial performance information of a
614		-	private equity fund, nor to the identity of the fund's
615		-	managers or general partners. The exemption contained in
616		-	this item does not apply to the identity of a privately
617		-	held company within the investment portfolio of a private
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618	282
619	283
620		-	equity fund, unless the disclosure of the identity of a
621		-	privately held company may cause competitive harm.
622		-	Nothing contained in this paragraph (g) shall be
623		-	construed to prevent a person or business from consenting
624		-	to disclosure.
625		-	(h) Proposals and bids for any contract, grant, or
626		-	agreement, including information which if it were
627		-	disclosed would frustrate procurement or give an advantage
628		-	to any person proposing to enter into a contractor
629		-	agreement with the body, until an award or final selection
630		-	is made. Information prepared by or for the body in
631		-	preparation of a bid solicitation shall be exempt until an
632		-	award or final selection is made.
633		-	(i) Valuable formulae, computer geographic systems,
634		-	designs, drawings, and research data obtained or produced
635		-	by any public body when disclosure could reasonably be
636		-	expected to produce private gain or public loss. The
637		-	exemption for "computer geographic systems" provided in
638		-	this paragraph (i) does not extend to requests made by
639		-	news media as defined in Section 2 of this Act when the
640		-	requested information is not otherwise exempt and the only
641		-	purpose of the request is to access and disseminate
642		-	information regarding the health, safety, welfare, or
643		-	legal rights of the general public.
644		-	(j) The following information pertaining to
645		-	educational matters:
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	286	+	1 unavoidably reveal the identity of the student; and
	287	+	2 (iv) course materials or research materials used
	288	+	3 by faculty members.
	289	+	4 (k) Architects' plans, engineers' technical
	290	+	5 submissions, and other construction related technical
	291	+	6 documents for projects not constructed or developed in
	292	+	7 whole or in part with public funds and the same for
	293	+	8 projects constructed or developed with public funds,
	294	+	9 including, but not limited to, power generating and
	295	+	10 distribution stations and other transmission and
	296	+	11 distribution facilities, water treatment facilities,
	297	+	12 airport facilities, sport stadiums, convention centers,
	298	+	13 and all government owned, operated, or occupied buildings,
	299	+	14 but only to the extent that disclosure would compromise
	300	+	15 security.
	301	+	16 (l) Minutes of meetings of public bodies closed to the
	302	+	17 public as provided in the Open Meetings Act until the
	303	+	18 public body makes the minutes available to the public
	304	+	19 under Section 2.06 of the Open Meetings Act.
	305	+	20 (m) Communications between a public body and an
	306	+	21 attorney or auditor representing the public body that
	307	+	22 would not be subject to discovery in litigation, and
	308	+	23 materials prepared or compiled by or for a public body in
	309	+	24 anticipation of a criminal, civil, or administrative
	310	+	25 proceeding upon the request of an attorney advising the
	311	+	26 public body, and materials prepared or compiled with
646	312
647	313
648		-	(i) test questions, scoring keys, and other
649		-	examination data used to administer an academic
650		-	examination;
651		-	(ii) information received by a primary or
652		-	secondary school, college, or university under its
653		-	procedures for the evaluation of faculty members by
654		-	their academic peers;
655		-	(iii) information concerning a school or
656		-	university's adjudication of student disciplinary
657		-	cases, but only to the extent that disclosure would
658		-	unavoidably reveal the identity of the student; and
659		-	(iv) course materials or research materials used
660		-	by faculty members.
661		-	(k) Architects' plans, engineers' technical
662		-	submissions, and other construction related technical
663		-	documents for projects not constructed or developed in
664		-	whole or in part with public funds and the same for
665		-	projects constructed or developed with public funds,
666		-	including, but not limited to, power generating and
667		-	distribution stations and other transmission and
668		-	distribution facilities, water treatment facilities,
669		-	airport facilities, sport stadiums, convention centers,
670		-	and all government owned, operated, or occupied buildings,
671		-	but only to the extent that disclosure would compromise
672		-	security.
673		-	(l) Minutes of meetings of public bodies closed to the
674	314
675	315
676		-	public as provided in the Open Meetings Act until the
677		-	public body makes the minutes available to the public
678		-	under Section 2.06 of the Open Meetings Act.
679		-	(m) Communications between a public body and an
680		-	attorney or auditor representing the public body that
681		-	would not be subject to discovery in litigation, and
682		-	materials prepared or compiled by or for a public body in
683		-	anticipation of a criminal, civil, or administrative
684		-	proceeding upon the request of an attorney advising the
685		-	public body, and materials prepared or compiled with
686		-	respect to internal audits of public bodies.
687		-	(n) Records relating to a public body's adjudication
688		-	of employee grievances or disciplinary cases; however,
689		-	this exemption shall not extend to the final outcome of
690		-	cases in which discipline is imposed.
691		-	(o) Administrative or technical information associated
692		-	with automated data processing operations, including, but
693		-	not limited to, software, operating protocols, computer
694		-	program abstracts, file layouts, source listings, object
695		-	modules, load modules, user guides, documentation
696		-	pertaining to all logical and physical design of
697		-	computerized systems, employee manuals, and any other
698		-	information that, if disclosed, would jeopardize the
699		-	security of the system or its data or the security of
700		-	materials exempt under this Section.
701		-	(p) Records relating to collective negotiating matters
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702	318
703	319
704		-	between public bodies and their employees or
705		-	representatives, except that any final contract or
706		-	agreement shall be subject to inspection and copying.
707		-	(q) Test questions, scoring keys, and other
708		-	examination data used to determine the qualifications of
709		-	an applicant for a license or employment.
710		-	(r) The records, documents, and information relating
711		-	to real estate purchase negotiations until those
712		-	negotiations have been completed or otherwise terminated.
713		-	With regard to a parcel involved in a pending or actually
714		-	and reasonably contemplated eminent domain proceeding
715		-	under the Eminent Domain Act, records, documents, and
716		-	information relating to that parcel shall be exempt except
717		-	as may be allowed under discovery rules adopted by the
718		-	Illinois Supreme Court. The records, documents, and
719		-	information relating to a real estate sale shall be exempt
720		-	until a sale is consummated.
721		-	(s) Any and all proprietary information and records
722		-	related to the operation of an intergovernmental risk
723		-	management association or self-insurance pool or jointly
724		-	self-administered health and accident cooperative or pool.
725		-	Insurance or self-insurance self insurance (including any
726		-	intergovernmental risk management association or
727		-	self-insurance self insurance pool) claims, loss or risk
728		-	management information, records, data, advice, or
729		-	communications.
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	322	+	1 respect to internal audits of public bodies.
	323	+	2 (n) Records relating to a public body's adjudication
	324	+	3 of employee grievances or disciplinary cases; however,
	325	+	4 this exemption shall not extend to the final outcome of
	326	+	5 cases in which discipline is imposed.
	327	+	6 (o) Administrative or technical information associated
	328	+	7 with automated data processing operations, including, but
	329	+	8 not limited to, software, operating protocols, computer
	330	+	9 program abstracts, file layouts, source listings, object
	331	+	10 modules, load modules, user guides, documentation
	332	+	11 pertaining to all logical and physical design of
	333	+	12 computerized systems, employee manuals, and any other
	334	+	13 information that, if disclosed, would jeopardize the
	335	+	14 security of the system or its data or the security of
	336	+	15 materials exempt under this Section.
	337	+	16 (p) Records relating to collective negotiating matters
	338	+	17 between public bodies and their employees or
	339	+	18 representatives, except that any final contract or
	340	+	19 agreement shall be subject to inspection and copying.
	341	+	20 (q) Test questions, scoring keys, and other
	342	+	21 examination data used to determine the qualifications of
	343	+	22 an applicant for a license or employment.
	344	+	23 (r) The records, documents, and information relating
	345	+	24 to real estate purchase negotiations until those
	346	+	25 negotiations have been completed or otherwise terminated.
	347	+	26 With regard to a parcel involved in a pending or actually
730	348
731	349
732		-	(t) Information contained in or related to
733		-	examination, operating, or condition reports prepared by,
734		-	on behalf of, or for the use of a public body responsible
735		-	for the regulation or supervision of financial
736		-	institutions, insurance companies, or pharmacy benefit
737		-	managers, unless disclosure is otherwise required by State
738		-	law.
739		-	(u) Information that would disclose or might lead to
740		-	the disclosure of secret or confidential information,
741		-	codes, algorithms, programs, or private keys intended to
742		-	be used to create electronic signatures under the Uniform
743		-	Electronic Transactions Act.
744		-	(v) Vulnerability assessments, security measures, and
745		-	response policies or plans that are designed to identify,
746		-	prevent, or respond to potential attacks upon a
747		-	community's population or systems, facilities, or
748		-	installations, but only to the extent that disclosure
749		-	could reasonably be expected to expose the vulnerability
750		-	or jeopardize the effectiveness of the measures, policies,
751		-	or plans, or the safety of the personnel who implement
752		-	them or the public. Information exempt under this item may
753		-	include such things as details pertaining to the
754		-	mobilization or deployment of personnel or equipment, to
755		-	the operation of communication systems or protocols, to
756		-	cybersecurity vulnerabilities, or to tactical operations.
757		-	(w) (Blank).
758	350
759	351
760		-	(x) Maps and other records regarding the location or
761		-	security of generation, transmission, distribution,
762		-	storage, gathering, treatment, or switching facilities
763		-	owned by a utility, by a power generator, or by the
764		-	Illinois Power Agency.
765		-	(y) Information contained in or related to proposals,
766		-	bids, or negotiations related to electric power
767		-	procurement under Section 1-75 of the Illinois Power
768		-	Agency Act and Section 16-111.5 of the Public Utilities
769		-	Act that is determined to be confidential and proprietary
770		-	by the Illinois Power Agency or by the Illinois Commerce
771		-	Commission.
772		-	(z) Information about students exempted from
773		-	disclosure under Section Sections 10-20.38 or 34-18.29 of
774		-	the School Code, and information about undergraduate
775		-	students enrolled at an institution of higher education
776		-	exempted from disclosure under Section 25 of the Illinois
777		-	Credit Card Marketing Act of 2009.
778		-	(aa) Information the disclosure of which is exempted
779		-	under the Viatical Settlements Act of 2009.
780		-	(bb) Records and information provided to a mortality
781		-	review team and records maintained by a mortality review
782		-	team appointed under the Department of Juvenile Justice
783		-	Mortality Review Team Act.
784		-	(cc) Information regarding interments, entombments, or
785		-	inurnments of human remains that are submitted to the
	352	+
	353	+	HB3326 Enrolled - 10 - LRB103 30785 MXP 57275 b
786	354
787	355
788		-	Cemetery Oversight Database under the Cemetery Care Act or
789		-	the Cemetery Oversight Act, whichever is applicable.
790		-	(dd) Correspondence and records (i) that may not be
791		-	disclosed under Section 11-9 of the Illinois Public Aid
792		-	Code or (ii) that pertain to appeals under Section 11-8 of
793		-	the Illinois Public Aid Code.
794		-	(ee) The names, addresses, or other personal
795		-	information of persons who are minors and are also
796		-	participants and registrants in programs of park
797		-	districts, forest preserve districts, conservation
798		-	districts, recreation agencies, and special recreation
799		-	associations.
800		-	(ff) The names, addresses, or other personal
801		-	information of participants and registrants in programs of
802		-	park districts, forest preserve districts, conservation
803		-	districts, recreation agencies, and special recreation
804		-	associations where such programs are targeted primarily to
805		-	minors.
806		-	(gg) Confidential information described in Section
807		-	1-100 of the Illinois Independent Tax Tribunal Act of
808		-	2012.
809		-	(hh) The report submitted to the State Board of
810		-	Education by the School Security and Standards Task Force
811		-	under item (8) of subsection (d) of Section 2-3.160 of the
812		-	School Code and any information contained in that report.
813		-	(ii) Records requested by persons committed to or
	356	+	HB3326 Enrolled- 11 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 11 - LRB103 30785 MXP 57275 b
	357	+	HB3326 Enrolled - 11 - LRB103 30785 MXP 57275 b
	358	+	1 and reasonably contemplated eminent domain proceeding
	359	+	2 under the Eminent Domain Act, records, documents, and
	360	+	3 information relating to that parcel shall be exempt except
	361	+	4 as may be allowed under discovery rules adopted by the
	362	+	5 Illinois Supreme Court. The records, documents, and
	363	+	6 information relating to a real estate sale shall be exempt
	364	+	7 until a sale is consummated.
	365	+	8 (s) Any and all proprietary information and records
	366	+	9 related to the operation of an intergovernmental risk
	367	+	10 management association or self-insurance pool or jointly
	368	+	11 self-administered health and accident cooperative or pool.
	369	+	12 Insurance or self-insurance self insurance (including any
	370	+	13 intergovernmental risk management association or
	371	+	14 self-insurance self insurance pool) claims, loss or risk
	372	+	15 management information, records, data, advice, or
	373	+	16 communications.
	374	+	17 (t) Information contained in or related to
	375	+	18 examination, operating, or condition reports prepared by,
	376	+	19 on behalf of, or for the use of a public body responsible
	377	+	20 for the regulation or supervision of financial
	378	+	21 institutions, insurance companies, or pharmacy benefit
	379	+	22 managers, unless disclosure is otherwise required by State
	380	+	23 law.
	381	+	24 (u) Information that would disclose or might lead to
	382	+	25 the disclosure of secret or confidential information,
	383	+	26 codes, algorithms, programs, or private keys intended to
814	384
815	385
816		-	detained by the Department of Human Services under the
817		-	Sexually Violent Persons Commitment Act or committed to
818		-	the Department of Corrections under the Sexually Dangerous
819		-	Persons Act if those materials: (i) are available in the
820		-	library of the facility where the individual is confined;
821		-	(ii) include records from staff members' personnel files,
822		-	staff rosters, or other staffing assignment information;
823		-	or (iii) are available through an administrative request
824		-	to the Department of Human Services or the Department of
825		-	Corrections.
826		-	(jj) Confidential information described in Section
827		-	5-535 of the Civil Administrative Code of Illinois.
828		-	(kk) The public body's credit card numbers, debit card
829		-	numbers, bank account numbers, Federal Employer
830		-	Identification Number, security code numbers, passwords,
831		-	and similar account information, the disclosure of which
832		-	could result in identity theft or impression or defrauding
833		-	of a governmental entity or a person.
834		-	(ll) Records concerning the work of the threat
835		-	assessment team of a school district, including, but not
836		-	limited to, any threat assessment procedure under the
837		-	School Safety Drill Act and any information contained in
838		-	the procedure.
839		-	(mm) Information prohibited from being disclosed under
840		-	subsections (a) and (b) of Section 15 of the Student
841		-	Confidential Reporting Act.
842	386
843	387
844		-	(nn) (mm) Proprietary information submitted to the
845		-	Environmental Protection Agency under the Drug Take-Back
846		-	Act.
847		-	(oo) (mm) Records described in subsection (f) of
848		-	Section 3-5-1 of the Unified Code of Corrections.
849		-	(1.5) Any information exempt from disclosure under the
850		-	Judicial Privacy Act shall be redacted from public records
851		-	prior to disclosure under this Act.
852		-	(2) A public record that is not in the possession of a
853		-	public body but is in the possession of a party with whom the
854		-	agency has contracted to perform a governmental function on
855		-	behalf of the public body, and that directly relates to the
856		-	governmental function and is not otherwise exempt under this
857		-	Act, shall be considered a public record of the public body,
858		-	for purposes of this Act.
859		-	(3) This Section does not authorize withholding of
860		-	information or limit the availability of records to the
861		-	public, except as stated in this Section or otherwise provided
862		-	in this Act.
863		-	(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
864		-	101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
865		-	6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
866		-	eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
867		-	102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
868		-	6-10-22; revised 12-13-22.)
	388	+
	389	+	HB3326 Enrolled - 11 - LRB103 30785 MXP 57275 b
869	390
870	391
871		-	Section 10. The Illinois Vehicle Code is amended by adding
872		-	Section 2-130 as follows:
873		-	(625 ILCS 5/2-130 new)
874		-	Sec. 2-130. User of automated license plate readers;
875		-	prohibitions.
876		-	(a) As used in this Section:
877		-	"Automated license plate reader" or "ALPR" means an
878		-	electronic device that is mounted on a law enforcement vehicle
879		-	or positioned in a stationary location and that is capable of
880		-	recording data on or taking a photograph of a vehicle or its
881		-	license plate and comparing the collected data and photographs
882		-	to existing law enforcement databases for investigative
883		-	purposes. "ALPR" includes a device that is owned or operated
884		-	by a person or an entity other than a law enforcement agency to
885		-	the extent that data collected by the reader is shared with a
886		-	law enforcement agency.
887		-	"ALPR information" means information gathered by an ALPR
888		-	or created from the analysis of data generated by an ALPR.
889		-	"ALPR systems" means multi-agency or vendor agreements
890		-	that allow the sharing of ALPR information collected in
891		-	Illinois.
892		-	"ALPR user" means a person or entity that owns or operates
893		-	an ALPR device.
894		-	"Law enforcement agency" means a State or local agency,
895		-	unit of local government, or private entity charged with the
	392	+	HB3326 Enrolled- 12 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 12 - LRB103 30785 MXP 57275 b
	393	+	HB3326 Enrolled - 12 - LRB103 30785 MXP 57275 b
	394	+	1 be used to create electronic signatures under the Uniform
	395	+	2 Electronic Transactions Act.
	396	+	3 (v) Vulnerability assessments, security measures, and
	397	+	4 response policies or plans that are designed to identify,
	398	+	5 prevent, or respond to potential attacks upon a
	399	+	6 community's population or systems, facilities, or
	400	+	7 installations, but only to the extent that disclosure
	401	+	8 could reasonably be expected to expose the vulnerability
	402	+	9 or jeopardize the effectiveness of the measures, policies,
	403	+	10 or plans, or the safety of the personnel who implement
	404	+	11 them or the public. Information exempt under this item may
	405	+	12 include such things as details pertaining to the
	406	+	13 mobilization or deployment of personnel or equipment, to
	407	+	14 the operation of communication systems or protocols, to
	408	+	15 cybersecurity vulnerabilities, or to tactical operations.
	409	+	16 (w) (Blank).
	410	+	17 (x) Maps and other records regarding the location or
	411	+	18 security of generation, transmission, distribution,
	412	+	19 storage, gathering, treatment, or switching facilities
	413	+	20 owned by a utility, by a power generator, or by the
	414	+	21 Illinois Power Agency.
	415	+	22 (y) Information contained in or related to proposals,
	416	+	23 bids, or negotiations related to electric power
	417	+	24 procurement under Section 1-75 of the Illinois Power
	418	+	25 Agency Act and Section 16-111.5 of the Public Utilities
	419	+	26 Act that is determined to be confidential and proprietary
896	420
897	421
898		-	enforcement of State, county, or municipal laws or with
899		-	managing custody of detained persons in any state or
900		-	jurisdiction.
901		-	(b) An ALPR user shall not sell, share, allow access to, or
902		-	transfer ALPR information to any state or local jurisdiction
903		-	for the purpose of investigating or enforcing a law that:
904		-	(1) denies or interferes with a person's right to
905		-	choose or obtain reproductive health care services or any
906		-	lawful health care services as defined by the Lawful
907		-	Health Care Activity Act; or
908		-	(2) permits the detention or investigation of a person
909		-	based on the person's immigration status.
910		-	(c) Any ALPR user in this State, including any law
911		-	enforcement agency of this State that uses ALPR systems, shall
912		-	not share ALPR information with an out-of-state law
913		-	enforcement agency without first obtaining a written
914		-	declaration from the out-of-state law enforcement agency that
915		-	it expressly affirms that ALPR information obtained shall not
916		-	be used in a manner that violates subsection (b). If a written
917		-	declaration of affirmation is not executed, the law
918		-	enforcement agency shall not share the ALPR information with
919		-	the out-of-state law enforcement agency.
920		-	(d) ALPR information shall be held confidentially to the
921		-	fullest extent permitted by law.
922		-	(e) Nothing in this Act shall define or limit any rights
923		-	under the Reproductive Health Act.
	422	+
	423	+
	424	+
	425	+	HB3326 Enrolled - 12 - LRB103 30785 MXP 57275 b
	426	+
	427	+
	428	+	HB3326 Enrolled- 13 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 13 - LRB103 30785 MXP 57275 b
	429	+	HB3326 Enrolled - 13 - LRB103 30785 MXP 57275 b
	430	+	1 by the Illinois Power Agency or by the Illinois Commerce
	431	+	2 Commission.
	432	+	3 (z) Information about students exempted from
	433	+	4 disclosure under Section Sections 10-20.38 or 34-18.29 of
	434	+	5 the School Code, and information about undergraduate
	435	+	6 students enrolled at an institution of higher education
	436	+	7 exempted from disclosure under Section 25 of the Illinois
	437	+	8 Credit Card Marketing Act of 2009.
	438	+	9 (aa) Information the disclosure of which is exempted
	439	+	10 under the Viatical Settlements Act of 2009.
	440	+	11 (bb) Records and information provided to a mortality
	441	+	12 review team and records maintained by a mortality review
	442	+	13 team appointed under the Department of Juvenile Justice
	443	+	14 Mortality Review Team Act.
	444	+	15 (cc) Information regarding interments, entombments, or
	445	+	16 inurnments of human remains that are submitted to the
	446	+	17 Cemetery Oversight Database under the Cemetery Care Act or
	447	+	18 the Cemetery Oversight Act, whichever is applicable.
	448	+	19 (dd) Correspondence and records (i) that may not be
	449	+	20 disclosed under Section 11-9 of the Illinois Public Aid
	450	+	21 Code or (ii) that pertain to appeals under Section 11-8 of
	451	+	22 the Illinois Public Aid Code.
	452	+	23 (ee) The names, addresses, or other personal
	453	+	24 information of persons who are minors and are also
	454	+	25 participants and registrants in programs of park
	455	+	26 districts, forest preserve districts, conservation
	456	+
	457	+
	458	+
	459	+
	460	+
	461	+	HB3326 Enrolled - 13 - LRB103 30785 MXP 57275 b
	462	+
	463	+
	464	+	HB3326 Enrolled- 14 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 14 - LRB103 30785 MXP 57275 b
	465	+	HB3326 Enrolled - 14 - LRB103 30785 MXP 57275 b
	466	+	1 districts, recreation agencies, and special recreation
	467	+	2 associations.
	468	+	3 (ff) The names, addresses, or other personal
	469	+	4 information of participants and registrants in programs of
	470	+	5 park districts, forest preserve districts, conservation
	471	+	6 districts, recreation agencies, and special recreation
	472	+	7 associations where such programs are targeted primarily to
	473	+	8 minors.
	474	+	9 (gg) Confidential information described in Section
	475	+	10 1-100 of the Illinois Independent Tax Tribunal Act of
	476	+	11 2012.
	477	+	12 (hh) The report submitted to the State Board of
	478	+	13 Education by the School Security and Standards Task Force
	479	+	14 under item (8) of subsection (d) of Section 2-3.160 of the
	480	+	15 School Code and any information contained in that report.
	481	+	16 (ii) Records requested by persons committed to or
	482	+	17 detained by the Department of Human Services under the
	483	+	18 Sexually Violent Persons Commitment Act or committed to
	484	+	19 the Department of Corrections under the Sexually Dangerous
	485	+	20 Persons Act if those materials: (i) are available in the
	486	+	21 library of the facility where the individual is confined;
	487	+	22 (ii) include records from staff members' personnel files,
	488	+	23 staff rosters, or other staffing assignment information;
	489	+	24 or (iii) are available through an administrative request
	490	+	25 to the Department of Human Services or the Department of
	491	+	26 Corrections.
	492	+
	493	+
	494	+
	495	+
	496	+
	497	+	HB3326 Enrolled - 14 - LRB103 30785 MXP 57275 b
	498	+
	499	+
	500	+	HB3326 Enrolled- 15 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 15 - LRB103 30785 MXP 57275 b
	501	+	HB3326 Enrolled - 15 - LRB103 30785 MXP 57275 b
	502	+	1 (jj) Confidential information described in Section
	503	+	2 5-535 of the Civil Administrative Code of Illinois.
	504	+	3 (kk) The public body's credit card numbers, debit card
	505	+	4 numbers, bank account numbers, Federal Employer
	506	+	5 Identification Number, security code numbers, passwords,
	507	+	6 and similar account information, the disclosure of which
	508	+	7 could result in identity theft or impression or defrauding
	509	+	8 of a governmental entity or a person.
	510	+	9 (ll) Records concerning the work of the threat
	511	+	10 assessment team of a school district, including, but not
	512	+	11 limited to, any threat assessment procedure under the
	513	+	12 School Safety Drill Act and any information contained in
	514	+	13 the procedure.
	515	+	14 (mm) Information prohibited from being disclosed under
	516	+	15 subsections (a) and (b) of Section 15 of the Student
	517	+	16 Confidential Reporting Act.
	518	+	17 (nn) (mm) Proprietary information submitted to the
	519	+	18 Environmental Protection Agency under the Drug Take-Back
	520	+	19 Act.
	521	+	20 (oo) (mm) Records described in subsection (f) of
	522	+	21 Section 3-5-1 of the Unified Code of Corrections.
	523	+	22 (1.5) Any information exempt from disclosure under the
	524	+	23 Judicial Privacy Act shall be redacted from public records
	525	+	24 prior to disclosure under this Act.
	526	+	25 (2) A public record that is not in the possession of a
	527	+	26 public body but is in the possession of a party with whom the
	528	+
	529	+
	530	+
	531	+
	532	+
	533	+	HB3326 Enrolled - 15 - LRB103 30785 MXP 57275 b
	534	+
	535	+
	536	+	HB3326 Enrolled- 16 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 16 - LRB103 30785 MXP 57275 b
	537	+	HB3326 Enrolled - 16 - LRB103 30785 MXP 57275 b
	538	+	1 agency has contracted to perform a governmental function on
	539	+	2 behalf of the public body, and that directly relates to the
	540	+	3 governmental function and is not otherwise exempt under this
	541	+	4 Act, shall be considered a public record of the public body,
	542	+	5 for purposes of this Act.
	543	+	6 (3) This Section does not authorize withholding of
	544	+	7 information or limit the availability of records to the
	545	+	8 public, except as stated in this Section or otherwise provided
	546	+	9 in this Act.
	547	+	10 (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
	548	+	11 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
	549	+	12 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
	550	+	13 eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
	551	+	14 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
	552	+	15 12-13-22.)
	553	+	16 (Text of Section after amendment by P.A. 102-982)
	554	+	17 Sec. 7. Exemptions.
	555	+	18 (1) When a request is made to inspect or copy a public
	556	+	19 record that contains information that is exempt from
	557	+	20 disclosure under this Section, but also contains information
	558	+	21 that is not exempt from disclosure, the public body may elect
	559	+	22 to redact the information that is exempt. The public body
	560	+	23 shall make the remaining information available for inspection
	561	+	24 and copying. Subject to this requirement, the following shall
	562	+	25 be exempt from inspection and copying:
	563	+
	564	+
	565	+
	566	+
	567	+
	568	+	HB3326 Enrolled - 16 - LRB103 30785 MXP 57275 b
	569	+
	570	+
	571	+	HB3326 Enrolled- 17 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 17 - LRB103 30785 MXP 57275 b
	572	+	HB3326 Enrolled - 17 - LRB103 30785 MXP 57275 b
	573	+	1 (a) Information specifically prohibited from
	574	+	2 disclosure by federal or State law or rules and
	575	+	3 regulations implementing federal or State law.
	576	+	4 (b) Private information, unless disclosure is required
	577	+	5 by another provision of this Act, a State or federal law,
	578	+	6 or a court order.
	579	+	7 (b-5) Files, documents, and other data or databases
	580	+	8 maintained by one or more law enforcement agencies and
	581	+	9 specifically designed to provide information to one or
	582	+	10 more law enforcement agencies regarding the physical or
	583	+	11 mental status of one or more individual subjects.
	584	+	12 (c) Personal information contained within public
	585	+	13 records, the disclosure of which would constitute a
	586	+	14 clearly unwarranted invasion of personal privacy, unless
	587	+	15 the disclosure is consented to in writing by the
	588	+	16 individual subjects of the information. "Unwarranted
	589	+	17 invasion of personal privacy" means the disclosure of
	590	+	18 information that is highly personal or objectionable to a
	591	+	19 reasonable person and in which the subject's right to
	592	+	20 privacy outweighs any legitimate public interest in
	593	+	21 obtaining the information. The disclosure of information
	594	+	22 that bears on the public duties of public employees and
	595	+	23 officials shall not be considered an invasion of personal
	596	+	24 privacy.
	597	+	25 (d) Records in the possession of any public body
	598	+	26 created in the course of administrative enforcement
	599	+
	600	+
	601	+
	602	+
	603	+
	604	+	HB3326 Enrolled - 17 - LRB103 30785 MXP 57275 b
	605	+
	606	+
	607	+	HB3326 Enrolled- 18 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 18 - LRB103 30785 MXP 57275 b
	608	+	HB3326 Enrolled - 18 - LRB103 30785 MXP 57275 b
	609	+	1 proceedings, and any law enforcement or correctional
	610	+	2 agency for law enforcement purposes, but only to the
	611	+	3 extent that disclosure would:
	612	+	4 (i) interfere with pending or actually and
	613	+	5 reasonably contemplated law enforcement proceedings
	614	+	6 conducted by any law enforcement or correctional
	615	+	7 agency that is the recipient of the request;
	616	+	8 (ii) interfere with active administrative
	617	+	9 enforcement proceedings conducted by the public body
	618	+	10 that is the recipient of the request;
	619	+	11 (iii) create a substantial likelihood that a
	620	+	12 person will be deprived of a fair trial or an impartial
	621	+	13 hearing;
	622	+	14 (iv) unavoidably disclose the identity of a
	623	+	15 confidential source, confidential information
	624	+	16 furnished only by the confidential source, or persons
	625	+	17 who file complaints with or provide information to
	626	+	18 administrative, investigative, law enforcement, or
	627	+	19 penal agencies; except that the identities of
	628	+	20 witnesses to traffic crashes, traffic crash reports,
	629	+	21 and rescue reports shall be provided by agencies of
	630	+	22 local government, except when disclosure would
	631	+	23 interfere with an active criminal investigation
	632	+	24 conducted by the agency that is the recipient of the
	633	+	25 request;
	634	+	26 (v) disclose unique or specialized investigative
	635	+
	636	+
	637	+
	638	+
	639	+
	640	+	HB3326 Enrolled - 18 - LRB103 30785 MXP 57275 b
	641	+
	642	+
	643	+	HB3326 Enrolled- 19 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 19 - LRB103 30785 MXP 57275 b
	644	+	HB3326 Enrolled - 19 - LRB103 30785 MXP 57275 b
	645	+	1 techniques other than those generally used and known
	646	+	2 or disclose internal documents of correctional
	647	+	3 agencies related to detection, observation, or
	648	+	4 investigation of incidents of crime or misconduct, and
	649	+	5 disclosure would result in demonstrable harm to the
	650	+	6 agency or public body that is the recipient of the
	651	+	7 request;
	652	+	8 (vi) endanger the life or physical safety of law
	653	+	9 enforcement personnel or any other person; or
	654	+	10 (vii) obstruct an ongoing criminal investigation
	655	+	11 by the agency that is the recipient of the request.
	656	+	12 (d-5) A law enforcement record created for law
	657	+	13 enforcement purposes and contained in a shared electronic
	658	+	14 record management system if the law enforcement agency
	659	+	15 that is the recipient of the request did not create the
	660	+	16 record, did not participate in or have a role in any of the
	661	+	17 events which are the subject of the record, and only has
	662	+	18 access to the record through the shared electronic record
	663	+	19 management system.
	664	+	20 (d-6) Records contained in the Officer Professional
	665	+	21 Conduct Database under Section 9.2 of the Illinois Police
	666	+	22 Training Act, except to the extent authorized under that
	667	+	23 Section. This includes the documents supplied to the
	668	+	24 Illinois Law Enforcement Training Standards Board from the
	669	+	25 Illinois State Police and Illinois State Police Merit
	670	+	26 Board.
	671	+
	672	+
	673	+
	674	+
	675	+
	676	+	HB3326 Enrolled - 19 - LRB103 30785 MXP 57275 b
	677	+
	678	+
	679	+	HB3326 Enrolled- 20 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 20 - LRB103 30785 MXP 57275 b
	680	+	HB3326 Enrolled - 20 - LRB103 30785 MXP 57275 b
	681	+	1 (d-7) Information gathered or records created from the
	682	+	2 use of automatic license plate readers in connection with
	683	+	3 Section 2-130 of the Illinois Vehicle Code.
	684	+	4 (e) Records that relate to or affect the security of
	685	+	5 correctional institutions and detention facilities.
	686	+	6 (e-5) Records requested by persons committed to the
	687	+	7 Department of Corrections, Department of Human Services
	688	+	8 Division of Mental Health, or a county jail if those
	689	+	9 materials are available in the library of the correctional
	690	+	10 institution or facility or jail where the inmate is
	691	+	11 confined.
	692	+	12 (e-6) Records requested by persons committed to the
	693	+	13 Department of Corrections, Department of Human Services
	694	+	14 Division of Mental Health, or a county jail if those
	695	+	15 materials include records from staff members' personnel
	696	+	16 files, staff rosters, or other staffing assignment
	697	+	17 information.
	698	+	18 (e-7) Records requested by persons committed to the
	699	+	19 Department of Corrections or Department of Human Services
	700	+	20 Division of Mental Health if those materials are available
	701	+	21 through an administrative request to the Department of
	702	+	22 Corrections or Department of Human Services Division of
	703	+	23 Mental Health.
	704	+	24 (e-8) Records requested by a person committed to the
	705	+	25 Department of Corrections, Department of Human Services
	706	+	26 Division of Mental Health, or a county jail, the
	707	+
	708	+
	709	+
	710	+
	711	+
	712	+	HB3326 Enrolled - 20 - LRB103 30785 MXP 57275 b
	713	+
	714	+
	715	+	HB3326 Enrolled- 21 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 21 - LRB103 30785 MXP 57275 b
	716	+	HB3326 Enrolled - 21 - LRB103 30785 MXP 57275 b
	717	+	1 disclosure of which would result in the risk of harm to any
	718	+	2 person or the risk of an escape from a jail or correctional
	719	+	3 institution or facility.
	720	+	4 (e-9) Records requested by a person in a county jail
	721	+	5 or committed to the Department of Corrections or
	722	+	6 Department of Human Services Division of Mental Health,
	723	+	7 containing personal information pertaining to the person's
	724	+	8 victim or the victim's family, including, but not limited
	725	+	9 to, a victim's home address, home telephone number, work
	726	+	10 or school address, work telephone number, social security
	727	+	11 number, or any other identifying information, except as
	728	+	12 may be relevant to a requester's current or potential case
	729	+	13 or claim.
	730	+	14 (e-10) Law enforcement records of other persons
	731	+	15 requested by a person committed to the Department of
	732	+	16 Corrections, Department of Human Services Division of
	733	+	17 Mental Health, or a county jail, including, but not
	734	+	18 limited to, arrest and booking records, mug shots, and
	735	+	19 crime scene photographs, except as these records may be
	736	+	20 relevant to the requester's current or potential case or
	737	+	21 claim.
	738	+	22 (f) Preliminary drafts, notes, recommendations,
	739	+	23 memoranda, and other records in which opinions are
	740	+	24 expressed, or policies or actions are formulated, except
	741	+	25 that a specific record or relevant portion of a record
	742	+	26 shall not be exempt when the record is publicly cited and
	743	+
	744	+
	745	+
	746	+
	747	+
	748	+	HB3326 Enrolled - 21 - LRB103 30785 MXP 57275 b
	749	+
	750	+
	751	+	HB3326 Enrolled- 22 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 22 - LRB103 30785 MXP 57275 b
	752	+	HB3326 Enrolled - 22 - LRB103 30785 MXP 57275 b
	753	+	1 identified by the head of the public body. The exemption
	754	+	2 provided in this paragraph (f) extends to all those
	755	+	3 records of officers and agencies of the General Assembly
	756	+	4 that pertain to the preparation of legislative documents.
	757	+	5 (g) Trade secrets and commercial or financial
	758	+	6 information obtained from a person or business where the
	759	+	7 trade secrets or commercial or financial information are
	760	+	8 furnished under a claim that they are proprietary,
	761	+	9 privileged, or confidential, and that disclosure of the
	762	+	10 trade secrets or commercial or financial information would
	763	+	11 cause competitive harm to the person or business, and only
	764	+	12 insofar as the claim directly applies to the records
	765	+	13 requested.
	766	+	14 The information included under this exemption includes
	767	+	15 all trade secrets and commercial or financial information
	768	+	16 obtained by a public body, including a public pension
	769	+	17 fund, from a private equity fund or a privately held
	770	+	18 company within the investment portfolio of a private
	771	+	19 equity fund as a result of either investing or evaluating
	772	+	20 a potential investment of public funds in a private equity
	773	+	21 fund. The exemption contained in this item does not apply
	774	+	22 to the aggregate financial performance information of a
	775	+	23 private equity fund, nor to the identity of the fund's
	776	+	24 managers or general partners. The exemption contained in
	777	+	25 this item does not apply to the identity of a privately
	778	+	26 held company within the investment portfolio of a private
	779	+
	780	+
	781	+
	782	+
	783	+
	784	+	HB3326 Enrolled - 22 - LRB103 30785 MXP 57275 b
	785	+
	786	+
	787	+	HB3326 Enrolled- 23 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 23 - LRB103 30785 MXP 57275 b
	788	+	HB3326 Enrolled - 23 - LRB103 30785 MXP 57275 b
	789	+	1 equity fund, unless the disclosure of the identity of a
	790	+	2 privately held company may cause competitive harm.
	791	+	3 Nothing contained in this paragraph (g) shall be
	792	+	4 construed to prevent a person or business from consenting
	793	+	5 to disclosure.
	794	+	6 (h) Proposals and bids for any contract, grant, or
	795	+	7 agreement, including information which if it were
	796	+	8 disclosed would frustrate procurement or give an advantage
	797	+	9 to any person proposing to enter into a contractor
	798	+	10 agreement with the body, until an award or final selection
	799	+	11 is made. Information prepared by or for the body in
	800	+	12 preparation of a bid solicitation shall be exempt until an
	801	+	13 award or final selection is made.
	802	+	14 (i) Valuable formulae, computer geographic systems,
	803	+	15 designs, drawings, and research data obtained or produced
	804	+	16 by any public body when disclosure could reasonably be
	805	+	17 expected to produce private gain or public loss. The
	806	+	18 exemption for "computer geographic systems" provided in
	807	+	19 this paragraph (i) does not extend to requests made by
	808	+	20 news media as defined in Section 2 of this Act when the
	809	+	21 requested information is not otherwise exempt and the only
	810	+	22 purpose of the request is to access and disseminate
	811	+	23 information regarding the health, safety, welfare, or
	812	+	24 legal rights of the general public.
	813	+	25 (j) The following information pertaining to
	814	+	26 educational matters:
	815	+
	816	+
	817	+
	818	+
	819	+
	820	+	HB3326 Enrolled - 23 - LRB103 30785 MXP 57275 b
	821	+
	822	+
	823	+	HB3326 Enrolled- 24 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 24 - LRB103 30785 MXP 57275 b
	824	+	HB3326 Enrolled - 24 - LRB103 30785 MXP 57275 b
	825	+	1 (i) test questions, scoring keys, and other
	826	+	2 examination data used to administer an academic
	827	+	3 examination;
	828	+	4 (ii) information received by a primary or
	829	+	5 secondary school, college, or university under its
	830	+	6 procedures for the evaluation of faculty members by
	831	+	7 their academic peers;
	832	+	8 (iii) information concerning a school or
	833	+	9 university's adjudication of student disciplinary
	834	+	10 cases, but only to the extent that disclosure would
	835	+	11 unavoidably reveal the identity of the student; and
	836	+	12 (iv) course materials or research materials used
	837	+	13 by faculty members.
	838	+	14 (k) Architects' plans, engineers' technical
	839	+	15 submissions, and other construction related technical
	840	+	16 documents for projects not constructed or developed in
	841	+	17 whole or in part with public funds and the same for
	842	+	18 projects constructed or developed with public funds,
	843	+	19 including, but not limited to, power generating and
	844	+	20 distribution stations and other transmission and
	845	+	21 distribution facilities, water treatment facilities,
	846	+	22 airport facilities, sport stadiums, convention centers,
	847	+	23 and all government owned, operated, or occupied buildings,
	848	+	24 but only to the extent that disclosure would compromise
	849	+	25 security.
	850	+	26 (l) Minutes of meetings of public bodies closed to the
	851	+
	852	+
	853	+
	854	+
	855	+
	856	+	HB3326 Enrolled - 24 - LRB103 30785 MXP 57275 b
	857	+
	858	+
	859	+	HB3326 Enrolled- 25 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 25 - LRB103 30785 MXP 57275 b
	860	+	HB3326 Enrolled - 25 - LRB103 30785 MXP 57275 b
	861	+	1 public as provided in the Open Meetings Act until the
	862	+	2 public body makes the minutes available to the public
	863	+	3 under Section 2.06 of the Open Meetings Act.
	864	+	4 (m) Communications between a public body and an
	865	+	5 attorney or auditor representing the public body that
	866	+	6 would not be subject to discovery in litigation, and
	867	+	7 materials prepared or compiled by or for a public body in
	868	+	8 anticipation of a criminal, civil, or administrative
	869	+	9 proceeding upon the request of an attorney advising the
	870	+	10 public body, and materials prepared or compiled with
	871	+	11 respect to internal audits of public bodies.
	872	+	12 (n) Records relating to a public body's adjudication
	873	+	13 of employee grievances or disciplinary cases; however,
	874	+	14 this exemption shall not extend to the final outcome of
	875	+	15 cases in which discipline is imposed.
	876	+	16 (o) Administrative or technical information associated
	877	+	17 with automated data processing operations, including, but
	878	+	18 not limited to, software, operating protocols, computer
	879	+	19 program abstracts, file layouts, source listings, object
	880	+	20 modules, load modules, user guides, documentation
	881	+	21 pertaining to all logical and physical design of
	882	+	22 computerized systems, employee manuals, and any other
	883	+	23 information that, if disclosed, would jeopardize the
	884	+	24 security of the system or its data or the security of
	885	+	25 materials exempt under this Section.
	886	+	26 (p) Records relating to collective negotiating matters
	887	+
	888	+
	889	+
	890	+
	891	+
	892	+	HB3326 Enrolled - 25 - LRB103 30785 MXP 57275 b
	893	+
	894	+
	895	+	HB3326 Enrolled- 26 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 26 - LRB103 30785 MXP 57275 b
	896	+	HB3326 Enrolled - 26 - LRB103 30785 MXP 57275 b
	897	+	1 between public bodies and their employees or
	898	+	2 representatives, except that any final contract or
	899	+	3 agreement shall be subject to inspection and copying.
	900	+	4 (q) Test questions, scoring keys, and other
	901	+	5 examination data used to determine the qualifications of
	902	+	6 an applicant for a license or employment.
	903	+	7 (r) The records, documents, and information relating
	904	+	8 to real estate purchase negotiations until those
	905	+	9 negotiations have been completed or otherwise terminated.
	906	+	10 With regard to a parcel involved in a pending or actually
	907	+	11 and reasonably contemplated eminent domain proceeding
	908	+	12 under the Eminent Domain Act, records, documents, and
	909	+	13 information relating to that parcel shall be exempt except
	910	+	14 as may be allowed under discovery rules adopted by the
	911	+	15 Illinois Supreme Court. The records, documents, and
	912	+	16 information relating to a real estate sale shall be exempt
	913	+	17 until a sale is consummated.
	914	+	18 (s) Any and all proprietary information and records
	915	+	19 related to the operation of an intergovernmental risk
	916	+	20 management association or self-insurance pool or jointly
	917	+	21 self-administered health and accident cooperative or pool.
	918	+	22 Insurance or self-insurance self insurance (including any
	919	+	23 intergovernmental risk management association or
	920	+	24 self-insurance self insurance pool) claims, loss or risk
	921	+	25 management information, records, data, advice, or
	922	+	26 communications.
	923	+
	924	+
	925	+
	926	+
	927	+
	928	+	HB3326 Enrolled - 26 - LRB103 30785 MXP 57275 b
	929	+
	930	+
	931	+	HB3326 Enrolled- 27 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 27 - LRB103 30785 MXP 57275 b
	932	+	HB3326 Enrolled - 27 - LRB103 30785 MXP 57275 b
	933	+	1 (t) Information contained in or related to
	934	+	2 examination, operating, or condition reports prepared by,
	935	+	3 on behalf of, or for the use of a public body responsible
	936	+	4 for the regulation or supervision of financial
	937	+	5 institutions, insurance companies, or pharmacy benefit
	938	+	6 managers, unless disclosure is otherwise required by State
	939	+	7 law.
	940	+	8 (u) Information that would disclose or might lead to
	941	+	9 the disclosure of secret or confidential information,
	942	+	10 codes, algorithms, programs, or private keys intended to
	943	+	11 be used to create electronic signatures under the Uniform
	944	+	12 Electronic Transactions Act.
	945	+	13 (v) Vulnerability assessments, security measures, and
	946	+	14 response policies or plans that are designed to identify,
	947	+	15 prevent, or respond to potential attacks upon a
	948	+	16 community's population or systems, facilities, or
	949	+	17 installations, but only to the extent that disclosure
	950	+	18 could reasonably be expected to expose the vulnerability
	951	+	19 or jeopardize the effectiveness of the measures, policies,
	952	+	20 or plans, or the safety of the personnel who implement
	953	+	21 them or the public. Information exempt under this item may
	954	+	22 include such things as details pertaining to the
	955	+	23 mobilization or deployment of personnel or equipment, to
	956	+	24 the operation of communication systems or protocols, to
	957	+	25 cybersecurity vulnerabilities, or to tactical operations.
	958	+	26 (w) (Blank).
	959	+
	960	+
	961	+
	962	+
	963	+
	964	+	HB3326 Enrolled - 27 - LRB103 30785 MXP 57275 b
	965	+
	966	+
	967	+	HB3326 Enrolled- 28 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 28 - LRB103 30785 MXP 57275 b
	968	+	HB3326 Enrolled - 28 - LRB103 30785 MXP 57275 b
	969	+	1 (x) Maps and other records regarding the location or
	970	+	2 security of generation, transmission, distribution,
	971	+	3 storage, gathering, treatment, or switching facilities
	972	+	4 owned by a utility, by a power generator, or by the
	973	+	5 Illinois Power Agency.
	974	+	6 (y) Information contained in or related to proposals,
	975	+	7 bids, or negotiations related to electric power
	976	+	8 procurement under Section 1-75 of the Illinois Power
	977	+	9 Agency Act and Section 16-111.5 of the Public Utilities
	978	+	10 Act that is determined to be confidential and proprietary
	979	+	11 by the Illinois Power Agency or by the Illinois Commerce
	980	+	12 Commission.
	981	+	13 (z) Information about students exempted from
	982	+	14 disclosure under Section Sections 10-20.38 or 34-18.29 of
	983	+	15 the School Code, and information about undergraduate
	984	+	16 students enrolled at an institution of higher education
	985	+	17 exempted from disclosure under Section 25 of the Illinois
	986	+	18 Credit Card Marketing Act of 2009.
	987	+	19 (aa) Information the disclosure of which is exempted
	988	+	20 under the Viatical Settlements Act of 2009.
	989	+	21 (bb) Records and information provided to a mortality
	990	+	22 review team and records maintained by a mortality review
	991	+	23 team appointed under the Department of Juvenile Justice
	992	+	24 Mortality Review Team Act.
	993	+	25 (cc) Information regarding interments, entombments, or
	994	+	26 inurnments of human remains that are submitted to the
	995	+
	996	+
	997	+
	998	+
	999	+
	1000	+	HB3326 Enrolled - 28 - LRB103 30785 MXP 57275 b
	1001	+
	1002	+
	1003	+	HB3326 Enrolled- 29 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 29 - LRB103 30785 MXP 57275 b
	1004	+	HB3326 Enrolled - 29 - LRB103 30785 MXP 57275 b
	1005	+	1 Cemetery Oversight Database under the Cemetery Care Act or
	1006	+	2 the Cemetery Oversight Act, whichever is applicable.
	1007	+	3 (dd) Correspondence and records (i) that may not be
	1008	+	4 disclosed under Section 11-9 of the Illinois Public Aid
	1009	+	5 Code or (ii) that pertain to appeals under Section 11-8 of
	1010	+	6 the Illinois Public Aid Code.
	1011	+	7 (ee) The names, addresses, or other personal
	1012	+	8 information of persons who are minors and are also
	1013	+	9 participants and registrants in programs of park
	1014	+	10 districts, forest preserve districts, conservation
	1015	+	11 districts, recreation agencies, and special recreation
	1016	+	12 associations.
	1017	+	13 (ff) The names, addresses, or other personal
	1018	+	14 information of participants and registrants in programs of
	1019	+	15 park districts, forest preserve districts, conservation
	1020	+	16 districts, recreation agencies, and special recreation
	1021	+	17 associations where such programs are targeted primarily to
	1022	+	18 minors.
	1023	+	19 (gg) Confidential information described in Section
	1024	+	20 1-100 of the Illinois Independent Tax Tribunal Act of
	1025	+	21 2012.
	1026	+	22 (hh) The report submitted to the State Board of
	1027	+	23 Education by the School Security and Standards Task Force
	1028	+	24 under item (8) of subsection (d) of Section 2-3.160 of the
	1029	+	25 School Code and any information contained in that report.
	1030	+	26 (ii) Records requested by persons committed to or
	1031	+
	1032	+
	1033	+
	1034	+
	1035	+
	1036	+	HB3326 Enrolled - 29 - LRB103 30785 MXP 57275 b
	1037	+
	1038	+
	1039	+	HB3326 Enrolled- 30 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 30 - LRB103 30785 MXP 57275 b
	1040	+	HB3326 Enrolled - 30 - LRB103 30785 MXP 57275 b
	1041	+	1 detained by the Department of Human Services under the
	1042	+	2 Sexually Violent Persons Commitment Act or committed to
	1043	+	3 the Department of Corrections under the Sexually Dangerous
	1044	+	4 Persons Act if those materials: (i) are available in the
	1045	+	5 library of the facility where the individual is confined;
	1046	+	6 (ii) include records from staff members' personnel files,
	1047	+	7 staff rosters, or other staffing assignment information;
	1048	+	8 or (iii) are available through an administrative request
	1049	+	9 to the Department of Human Services or the Department of
	1050	+	10 Corrections.
	1051	+	11 (jj) Confidential information described in Section
	1052	+	12 5-535 of the Civil Administrative Code of Illinois.
	1053	+	13 (kk) The public body's credit card numbers, debit card
	1054	+	14 numbers, bank account numbers, Federal Employer
	1055	+	15 Identification Number, security code numbers, passwords,
	1056	+	16 and similar account information, the disclosure of which
	1057	+	17 could result in identity theft or impression or defrauding
	1058	+	18 of a governmental entity or a person.
	1059	+	19 (ll) Records concerning the work of the threat
	1060	+	20 assessment team of a school district, including, but not
	1061	+	21 limited to, any threat assessment procedure under the
	1062	+	22 School Safety Drill Act and any information contained in
	1063	+	23 the procedure.
	1064	+	24 (mm) Information prohibited from being disclosed under
	1065	+	25 subsections (a) and (b) of Section 15 of the Student
	1066	+	26 Confidential Reporting Act.
	1067	+
	1068	+
	1069	+
	1070	+
	1071	+
	1072	+	HB3326 Enrolled - 30 - LRB103 30785 MXP 57275 b
	1073	+
	1074	+
	1075	+	HB3326 Enrolled- 31 -LRB103 30785 MXP 57275 b HB3326 Enrolled - 31 - LRB103 30785 MXP 57275 b
	1076	+	HB3326 Enrolled - 31 - LRB103 30785 MXP 57275 b
	1077	+	1 (nn) (mm) Proprietary information submitted to the
	1078	+	2 Environmental Protection Agency under the Drug Take-Back
	1079	+	3 Act.
	1080	+	4 (oo) (mm) Records described in subsection (f) of
	1081	+	5 Section 3-5-1 of the Unified Code of Corrections.
	1082	+	6 (1.5) Any information exempt from disclosure under the
	1083	+	7 Judicial Privacy Act shall be redacted from public records
	1084	+	8 prior to disclosure under this Act.
	1085	+	9 (2) A public record that is not in the possession of a
	1086	+	10 public body but is in the possession of a party with whom the
	1087	+	11 agency has contracted to perform a governmental function on
	1088	+	12 behalf of the public body, and that directly relates to the
	1089	+	13 governmental function and is not otherwise exempt under this
	1090	+	14 Act, shall be considered a public record of the public body,
	1091	+	15 for purposes of this Act.
	1092	+	16 (3) This Section does not authorize withholding of
	1093	+	17 information or limit the availability of records to the
	1094	+	18 public, except as stated in this Section or otherwise provided
	1095	+	19 in this Act.
	1096	+	20 (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
	1097	+	21 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
	1098	+	22 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
	1099	+	23 eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
	1100	+	24 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
	1101	+	25 6-10-22; revised 12-13-22.)
	1102	+
	1103	+
	1104	+
	1105	+
	1106	+
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	1111	+	HB3326 Enrolled - 32 - LRB103 30785 MXP 57275 b
	1112	+	1 Section 10. The Illinois Vehicle Code is amended by adding
	1113	+	2 Section 2-130 as follows:
	1114	+	3 (625 ILCS 5/2-130 new)
	1115	+	4 Sec. 2-130. User of automated license plate readers;
	1116	+	5 prohibitions.
	1117	+	6 (a) As used in this Section:
	1118	+	7 "Automated license plate reader" or "ALPR" means an
	1119	+	8 electronic device that is mounted on a law enforcement vehicle
	1120	+	9 or positioned in a stationary location and that is capable of
	1121	+	10 recording data on or taking a photograph of a vehicle or its
	1122	+	11 license plate and comparing the collected data and photographs
	1123	+	12 to existing law enforcement databases for investigative
	1124	+	13 purposes. "ALPR" includes a device that is owned or operated
	1125	+	14 by a person or an entity other than a law enforcement agency to
	1126	+	15 the extent that data collected by the reader is shared with a
	1127	+	16 law enforcement agency.
	1128	+	17 "ALPR information" means information gathered by an ALPR
	1129	+	18 or created from the analysis of data generated by an ALPR.
	1130	+	19 "ALPR systems" means multi-agency or vendor agreements
	1131	+	20 that allow the sharing of ALPR information collected in
	1132	+	21 Illinois.
	1133	+	22 "ALPR user" means a person or entity that owns or operates
	1134	+	23 an ALPR device.
	1135	+	24 "Law enforcement agency" means a State or local agency,
	1136	+	25 unit of local government, or private entity charged with the
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	1147	+	1 enforcement of State, county, or municipal laws or with
	1148	+	2 managing custody of detained persons in any state or
	1149	+	3 jurisdiction.
	1150	+	4 (b) An ALPR user shall not sell, share, allow access to, or
	1151	+	5 transfer ALPR information to any state or local jurisdiction
	1152	+	6 for the purpose of investigating or enforcing a law that:
	1153	+	7 (1) denies or interferes with a person's right to
	1154	+	8 choose or obtain reproductive health care services or any
	1155	+	9 lawful health care services as defined by the Lawful
	1156	+	10 Health Care Activity Act; or
	1157	+	11 (2) permits the detention or investigation of a person
	1158	+	12 based on the person's immigration status.
	1159	+	13 (c) Any ALPR user in this State, including any law
	1160	+	14 enforcement agency of this State that uses ALPR systems, shall
	1161	+	15 not share ALPR information with an out-of-state law
	1162	+	16 enforcement agency without first obtaining a written
	1163	+	17 declaration from the out-of-state law enforcement agency that
	1164	+	18 it expressly affirms that ALPR information obtained shall not
	1165	+	19 be used in a manner that violates subsection (b). If a written
	1166	+	20 declaration of affirmation is not executed, the law
	1167	+	21 enforcement agency shall not share the ALPR information with
	1168	+	22 the out-of-state law enforcement agency.
	1169	+	23 (d) ALPR information shall be held confidentially to the
	1170	+	24 fullest extent permitted by law.
	1171	+	25 (e) Nothing in this Act shall define or limit any rights
	1172	+	26 under the Reproductive Health Act.
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