103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4292 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 5 ILCS 140/2 from Ch. 116, par. 2025 ILCS 140/75 ILCS 140/9.5 Amends the Freedom of Information Act. Provides that, for purposes of the Act, "public body" includes the judicial branch and components of the judicial branch of the State. Exempts records that pertain to the preparation of judicial opinions and orders. Excludes denials of requests of records from the judicial branch or components of the judicial branch from the jurisdiction of the Public Access Counselor. LRB103 35053 AWJ 65001 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4292 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 5 ILCS 140/2 from Ch. 116, par. 2025 ILCS 140/75 ILCS 140/9.5 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 5 ILCS 140/9.5 Amends the Freedom of Information Act. Provides that, for purposes of the Act, "public body" includes the judicial branch and components of the judicial branch of the State. Exempts records that pertain to the preparation of judicial opinions and orders. Excludes denials of requests of records from the judicial branch or components of the judicial branch from the jurisdiction of the Public Access Counselor. LRB103 35053 AWJ 65001 b LRB103 35053 AWJ 65001 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4292 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
5 ILCS 140/2 from Ch. 116, par. 2025 ILCS 140/75 ILCS 140/9.5 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 5 ILCS 140/9.5
5 ILCS 140/2 from Ch. 116, par. 202
5 ILCS 140/7
5 ILCS 140/9.5
Amends the Freedom of Information Act. Provides that, for purposes of the Act, "public body" includes the judicial branch and components of the judicial branch of the State. Exempts records that pertain to the preparation of judicial opinions and orders. Excludes denials of requests of records from the judicial branch or components of the judicial branch from the jurisdiction of the Public Access Counselor.
LRB103 35053 AWJ 65001 b LRB103 35053 AWJ 65001 b
LRB103 35053 AWJ 65001 b
A BILL FOR
HB4292LRB103 35053 AWJ 65001 b HB4292 LRB103 35053 AWJ 65001 b
HB4292 LRB103 35053 AWJ 65001 b
1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5 changing Sections 2, 7, and 9.5 as follows:
6 (5 ILCS 140/2) (from Ch. 116, par. 202)
7 (Text of Section before amendment by P.A. 103-554)
8 Sec. 2. Definitions. As used in this Act:
9 (a) "Public body" means all legislative, executive,
10 administrative, or advisory bodies of the State, state
11 universities and colleges, counties, townships, cities,
12 villages, incorporated towns, school districts and all other
13 municipal corporations, boards, bureaus, committees, or
14 commissions of this State, any subsidiary bodies of any of the
15 foregoing including but not limited to committees and
16 subcommittees thereof, and a School Finance Authority created
17 under Article 1E of the School Code. "Public body" does not
18 include a child death review team or the Illinois Child Death
19 Review Teams Executive Council established under the Child
20 Death Review Team Act, or a regional youth advisory board or
21 the Statewide Youth Advisory Board established under the
22 Department of Children and Family Services Statewide Youth
23 Advisory Board Act.
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4292 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
5 ILCS 140/2 from Ch. 116, par. 2025 ILCS 140/75 ILCS 140/9.5 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 5 ILCS 140/9.5
5 ILCS 140/2 from Ch. 116, par. 202
5 ILCS 140/7
5 ILCS 140/9.5
Amends the Freedom of Information Act. Provides that, for purposes of the Act, "public body" includes the judicial branch and components of the judicial branch of the State. Exempts records that pertain to the preparation of judicial opinions and orders. Excludes denials of requests of records from the judicial branch or components of the judicial branch from the jurisdiction of the Public Access Counselor.
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A BILL FOR
5 ILCS 140/2 from Ch. 116, par. 202
5 ILCS 140/7
5 ILCS 140/9.5
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1 (b) "Person" means any individual, corporation,
2 partnership, firm, organization or association, acting
3 individually or as a group.
4 (c) "Public records" means all records, reports, forms,
5 writings, letters, memoranda, books, papers, maps,
6 photographs, microfilms, cards, tapes, recordings, electronic
7 data processing records, electronic communications, recorded
8 information and all other documentary materials pertaining to
9 the transaction of public business, regardless of physical
10 form or characteristics, having been prepared by or for, or
11 having been or being used by, received by, in the possession
12 of, or under the control of any public body.
13 (c-5) "Private information" means unique identifiers,
14 including a person's social security number, driver's license
15 number, employee identification number, biometric identifiers,
16 personal financial information, passwords or other access
17 codes, medical records, home or personal telephone numbers,
18 and personal email addresses. Private information also
19 includes home address and personal license plates, except as
20 otherwise provided by law or when compiled without possibility
21 of attribution to any person.
22 (c-10) "Commercial purpose" means the use of any part of a
23 public record or records, or information derived from public
24 records, in any form for sale, resale, or solicitation or
25 advertisement for sales or services. For purposes of this
26 definition, requests made by news media and non-profit,
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1 scientific, or academic organizations shall not be considered
2 to be made for a "commercial purpose" when the principal
3 purpose of the request is (i) to access and disseminate
4 information concerning news and current or passing events,
5 (ii) for articles of opinion or features of interest to the
6 public, or (iii) for the purpose of academic, scientific, or
7 public research or education.
8 (d) "Copying" means the reproduction of any public record
9 by means of any photographic, electronic, mechanical or other
10 process, device or means now known or hereafter developed and
11 available to the public body.
12 (e) "Head of the public body" means the president, mayor,
13 chairman, presiding officer, director, superintendent,
14 manager, supervisor or individual otherwise holding primary
15 executive and administrative authority for the public body, or
16 such person's duly authorized designee.
17 (f) "News media" means a newspaper or other periodical
18 issued at regular intervals whether in print or electronic
19 format, a news service whether in print or electronic format,
20 a radio station, a television station, a television network, a
21 community antenna television service, or a person or
22 corporation engaged in making news reels or other motion
23 picture news for public showing.
24 (g) "Recurrent requester", as used in Section 3.2 of this
25 Act, means a person that, in the 12 months immediately
26 preceding the request, has submitted to the same public body
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1 (i) a minimum of 50 requests for records, (ii) a minimum of 15
2 requests for records within a 30-day period, or (iii) a
3 minimum of 7 requests for records within a 7-day period. For
4 purposes of this definition, requests made by news media and
5 non-profit, scientific, or academic organizations shall not be
6 considered in calculating the number of requests made in the
7 time periods in this definition when the principal purpose of
8 the requests is (i) to access and disseminate information
9 concerning news and current or passing events, (ii) for
10 articles of opinion or features of interest to the public, or
11 (iii) for the purpose of academic, scientific, or public
12 research or education.
13 For the purposes of this subsection (g), "request" means a
14 written document (or oral request, if the public body chooses
15 to honor oral requests) that is submitted to a public body via
16 personal delivery, mail, telefax, electronic mail, or other
17 means available to the public body and that identifies the
18 particular public record the requester seeks. One request may
19 identify multiple records to be inspected or copied.
20 (h) "Voluminous request" means a request that: (i)
21 includes more than 5 individual requests for more than 5
22 different categories of records or a combination of individual
23 requests that total requests for more than 5 different
24 categories of records in a period of 20 business days; or (ii)
25 requires the compilation of more than 500 letter or
26 legal-sized pages of public records unless a single requested
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1 record exceeds 500 pages. "Single requested record" may
2 include, but is not limited to, one report, form, e-mail,
3 letter, memorandum, book, map, microfilm, tape, or recording.
4 "Voluminous request" does not include a request made by
5 news media and non-profit, scientific, or academic
6 organizations if the principal purpose of the request is: (1)
7 to access and disseminate information concerning news and
8 current or passing events; (2) for articles of opinion or
9 features of interest to the public; or (3) for the purpose of
10 academic, scientific, or public research or education.
11 For the purposes of this subsection (h), "request" means a
12 written document, or oral request, if the public body chooses
13 to honor oral requests, that is submitted to a public body via
14 personal delivery, mail, telefax, electronic mail, or other
15 means available to the public body and that identifies the
16 particular public record or records the requester seeks. One
17 request may identify multiple individual records to be
18 inspected or copied.
19 (i) "Severance agreement" means a mutual agreement between
20 any public body and its employee for the employee's
21 resignation in exchange for payment by the public body.
22 (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
23 99-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
24 (Text of Section after amendment by P.A. 103-554)
25 Sec. 2. Definitions. As used in this Act:
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1 (a) "Public body" means all legislative, executive,
2 judicial branch, components of the judicial branch,
3 administrative, or advisory bodies of the State, state
4 universities and colleges, counties, townships, cities,
5 villages, incorporated towns, school districts and all other
6 municipal corporations, boards, bureaus, committees, or
7 commissions of this State, any subsidiary bodies of any of the
8 foregoing including but not limited to committees and
9 subcommittees thereof, and a School Finance Authority created
10 under Article 1E of the School Code. "Public body" does not
11 include a child death review team or the Illinois Child Death
12 Review Teams Executive Council established under the Child
13 Death Review Team Act, or a regional youth advisory board or
14 the Statewide Youth Advisory Board established under the
15 Department of Children and Family Services Statewide Youth
16 Advisory Board Act.
17 (b) "Person" means any individual, corporation,
18 partnership, firm, organization or association, acting
19 individually or as a group.
20 (c) "Public records" means all records, reports, forms,
21 writings, letters, memoranda, books, papers, maps,
22 photographs, microfilms, cards, tapes, recordings, electronic
23 data processing records, electronic communications, recorded
24 information and all other documentary materials pertaining to
25 the transaction of public business, regardless of physical
26 form or characteristics, having been prepared by or for, or
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1 having been or being used by, received by, in the possession
2 of, or under the control of any public body.
3 (c-5) "Private information" means unique identifiers,
4 including a person's social security number, driver's license
5 number, employee identification number, biometric identifiers,
6 personal financial information, passwords or other access
7 codes, medical records, home or personal telephone numbers,
8 and personal email addresses. Private information also
9 includes home address and personal license plates, except as
10 otherwise provided by law or when compiled without possibility
11 of attribution to any person. For a public body that is a
12 HIPAA-covered entity, "private information" includes
13 electronic medical records and all information, including
14 demographic information, contained within or extracted from an
15 electronic medical records system operated or maintained by
16 the public body in compliance with State and federal medical
17 privacy laws and regulations, including, but not limited to,
18 the Health Insurance Portability and Accountability Act and
19 its regulations, 45 CFR Parts 160 and 164. As used in this
20 subsection, "HIPAA-covered entity" has the meaning given to
21 the term "covered entity" in 45 CFR 160.103.
22 (c-10) "Commercial purpose" means the use of any part of a
23 public record or records, or information derived from public
24 records, in any form for sale, resale, or solicitation or
25 advertisement for sales or services. For purposes of this
26 definition, requests made by news media and non-profit,
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1 scientific, or academic organizations shall not be considered
2 to be made for a "commercial purpose" when the principal
3 purpose of the request is (i) to access and disseminate
4 information concerning news and current or passing events,
5 (ii) for articles of opinion or features of interest to the
6 public, or (iii) for the purpose of academic, scientific, or
7 public research or education.
8 (d) "Copying" means the reproduction of any public record
9 by means of any photographic, electronic, mechanical or other
10 process, device or means now known or hereafter developed and
11 available to the public body.
12 (e) "Head of the public body" means the president, mayor,
13 chairman, presiding officer, director, superintendent,
14 manager, supervisor or individual otherwise holding primary
15 executive and administrative authority for the public body, or
16 such person's duly authorized designee.
17 (f) "News media" means a newspaper or other periodical
18 issued at regular intervals whether in print or electronic
19 format, a news service whether in print or electronic format,
20 a radio station, a television station, a television network, a
21 community antenna television service, or a person or
22 corporation engaged in making news reels or other motion
23 picture news for public showing.
24 (g) "Recurrent requester", as used in Section 3.2 of this
25 Act, means a person that, in the 12 months immediately
26 preceding the request, has submitted to the same public body
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1 (i) a minimum of 50 requests for records, (ii) a minimum of 15
2 requests for records within a 30-day period, or (iii) a
3 minimum of 7 requests for records within a 7-day period. For
4 purposes of this definition, requests made by news media and
5 non-profit, scientific, or academic organizations shall not be
6 considered in calculating the number of requests made in the
7 time periods in this definition when the principal purpose of
8 the requests is (i) to access and disseminate information
9 concerning news and current or passing events, (ii) for
10 articles of opinion or features of interest to the public, or
11 (iii) for the purpose of academic, scientific, or public
12 research or education.
13 For the purposes of this subsection (g), "request" means a
14 written document (or oral request, if the public body chooses
15 to honor oral requests) that is submitted to a public body via
16 personal delivery, mail, telefax, electronic mail, or other
17 means available to the public body and that identifies the
18 particular public record the requester seeks. One request may
19 identify multiple records to be inspected or copied.
20 (h) "Voluminous request" means a request that: (i)
21 includes more than 5 individual requests for more than 5
22 different categories of records or a combination of individual
23 requests that total requests for more than 5 different
24 categories of records in a period of 20 business days; or (ii)
25 requires the compilation of more than 500 letter or
26 legal-sized pages of public records unless a single requested
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1 record exceeds 500 pages. "Single requested record" may
2 include, but is not limited to, one report, form, e-mail,
3 letter, memorandum, book, map, microfilm, tape, or recording.
4 "Voluminous request" does not include a request made by
5 news media and non-profit, scientific, or academic
6 organizations if the principal purpose of the request is: (1)
7 to access and disseminate information concerning news and
8 current or passing events; (2) for articles of opinion or
9 features of interest to the public; or (3) for the purpose of
10 academic, scientific, or public research or education.
11 For the purposes of this subsection (h), "request" means a
12 written document, or oral request, if the public body chooses
13 to honor oral requests, that is submitted to a public body via
14 personal delivery, mail, telefax, electronic mail, or other
15 means available to the public body and that identifies the
16 particular public record or records the requester seeks. One
17 request may identify multiple individual records to be
18 inspected or copied.
19 (i) "Severance agreement" means a mutual agreement between
20 any public body and its employee for the employee's
21 resignation in exchange for payment by the public body.
22 (Source: P.A. 103-554, eff. 1-1-24.)
23 (5 ILCS 140/7)
24 Sec. 7. Exemptions.
25 (1) When a request is made to inspect or copy a public
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1 record that contains information that is exempt from
2 disclosure under this Section, but also contains information
3 that is not exempt from disclosure, the public body may elect
4 to redact the information that is exempt. The public body
5 shall make the remaining information available for inspection
6 and copying. Subject to this requirement, the following shall
7 be exempt from inspection and copying:
8 (a) Information specifically prohibited from
9 disclosure by federal or State law or rules and
10 regulations implementing federal or State law.
11 (b) Private information, unless disclosure is required
12 by another provision of this Act, a State or federal law,
13 or a court order.
14 (b-5) Files, documents, and other data or databases
15 maintained by one or more law enforcement agencies and
16 specifically designed to provide information to one or
17 more law enforcement agencies regarding the physical or
18 mental status of one or more individual subjects.
19 (c) Personal information contained within public
20 records, the disclosure of which would constitute a
21 clearly unwarranted invasion of personal privacy, unless
22 the disclosure is consented to in writing by the
23 individual subjects of the information. "Unwarranted
24 invasion of personal privacy" means the disclosure of
25 information that is highly personal or objectionable to a
26 reasonable person and in which the subject's right to
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1 privacy outweighs any legitimate public interest in
2 obtaining the information. The disclosure of information
3 that bears on the public duties of public employees and
4 officials shall not be considered an invasion of personal
5 privacy.
6 (d) Records in the possession of any public body
7 created in the course of administrative enforcement
8 proceedings, and any law enforcement or correctional
9 agency for law enforcement purposes, but only to the
10 extent that disclosure would:
11 (i) interfere with pending or actually and
12 reasonably contemplated law enforcement proceedings
13 conducted by any law enforcement or correctional
14 agency that is the recipient of the request;
15 (ii) interfere with active administrative
16 enforcement proceedings conducted by the public body
17 that is the recipient of the request;
18 (iii) create a substantial likelihood that a
19 person will be deprived of a fair trial or an impartial
20 hearing;
21 (iv) unavoidably disclose the identity of a
22 confidential source, confidential information
23 furnished only by the confidential source, or persons
24 who file complaints with or provide information to
25 administrative, investigative, law enforcement, or
26 penal agencies; except that the identities of
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1 witnesses to traffic crashes, traffic crash reports,
2 and rescue reports shall be provided by agencies of
3 local government, except when disclosure would
4 interfere with an active criminal investigation
5 conducted by the agency that is the recipient of the
6 request;
7 (v) disclose unique or specialized investigative
8 techniques other than those generally used and known
9 or disclose internal documents of correctional
10 agencies related to detection, observation, or
11 investigation of incidents of crime or misconduct, and
12 disclosure would result in demonstrable harm to the
13 agency or public body that is the recipient of the
14 request;
15 (vi) endanger the life or physical safety of law
16 enforcement personnel or any other person; or
17 (vii) obstruct an ongoing criminal investigation
18 by the agency that is the recipient of the request.
19 (d-5) A law enforcement record created for law
20 enforcement purposes and contained in a shared electronic
21 record management system if the law enforcement agency
22 that is the recipient of the request did not create the
23 record, did not participate in or have a role in any of the
24 events which are the subject of the record, and only has
25 access to the record through the shared electronic record
26 management system.
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1 (d-6) Records contained in the Officer Professional
2 Conduct Database under Section 9.2 of the Illinois Police
3 Training Act, except to the extent authorized under that
4 Section. This includes the documents supplied to the
5 Illinois Law Enforcement Training Standards Board from the
6 Illinois State Police and Illinois State Police Merit
7 Board.
8 (d-7) Information gathered or records created from the
9 use of automatic license plate readers in connection with
10 Section 2-130 of the Illinois Vehicle Code.
11 (e) Records that relate to or affect the security of
12 correctional institutions and detention facilities.
13 (e-5) Records requested by persons committed to the
14 Department of Corrections, Department of Human Services
15 Division of Mental Health, or a county jail if those
16 materials are available in the library of the correctional
17 institution or facility or jail where the inmate is
18 confined.
19 (e-6) Records requested by persons committed to the
20 Department of Corrections, Department of Human Services
21 Division of Mental Health, or a county jail if those
22 materials include records from staff members' personnel
23 files, staff rosters, or other staffing assignment
24 information.
25 (e-7) Records requested by persons committed to the
26 Department of Corrections or Department of Human Services
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1 Division of Mental Health if those materials are available
2 through an administrative request to the Department of
3 Corrections or Department of Human Services Division of
4 Mental Health.
5 (e-8) Records requested by a person committed to the
6 Department of Corrections, Department of Human Services
7 Division of Mental Health, or a county jail, the
8 disclosure of which would result in the risk of harm to any
9 person or the risk of an escape from a jail or correctional
10 institution or facility.
11 (e-9) Records requested by a person in a county jail
12 or committed to the Department of Corrections or
13 Department of Human Services Division of Mental Health,
14 containing personal information pertaining to the person's
15 victim or the victim's family, including, but not limited
16 to, a victim's home address, home telephone number, work
17 or school address, work telephone number, social security
18 number, or any other identifying information, except as
19 may be relevant to a requester's current or potential case
20 or claim.
21 (e-10) Law enforcement records of other persons
22 requested by a person committed to the Department of
23 Corrections, Department of Human Services Division of
24 Mental Health, or a county jail, including, but not
25 limited to, arrest and booking records, mug shots, and
26 crime scene photographs, except as these records may be
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1 relevant to the requester's current or potential case or
2 claim.
3 (f) Preliminary drafts, notes, recommendations,
4 memoranda, and other records in which opinions are
5 expressed, or policies or actions are formulated, except
6 that a specific record or relevant portion of a record
7 shall not be exempt when the record is publicly cited and
8 identified by the head of the public body. The exemption
9 provided in this paragraph (f) extends to all those
10 records of officers and agencies of the General Assembly
11 that pertain to the preparation of legislative documents
12 and to all those records that pertain to the preparation
13 of judicial opinions and orders.
14 (g) Trade secrets and commercial or financial
15 information obtained from a person or business where the
16 trade secrets or commercial or financial information are
17 furnished under a claim that they are proprietary,
18 privileged, or confidential, and that disclosure of the
19 trade secrets or commercial or financial information would
20 cause competitive harm to the person or business, and only
21 insofar as the claim directly applies to the records
22 requested.
23 The information included under this exemption includes
24 all trade secrets and commercial or financial information
25 obtained by a public body, including a public pension
26 fund, from a private equity fund or a privately held
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1 company within the investment portfolio of a private
2 equity fund as a result of either investing or evaluating
3 a potential investment of public funds in a private equity
4 fund. The exemption contained in this item does not apply
5 to the aggregate financial performance information of a
6 private equity fund, nor to the identity of the fund's
7 managers or general partners. The exemption contained in
8 this item does not apply to the identity of a privately
9 held company within the investment portfolio of a private
10 equity fund, unless the disclosure of the identity of a
11 privately held company may cause competitive harm.
12 Nothing contained in this paragraph (g) shall be
13 construed to prevent a person or business from consenting
14 to disclosure.
15 (h) Proposals and bids for any contract, grant, or
16 agreement, including information which if it were
17 disclosed would frustrate procurement or give an advantage
18 to any person proposing to enter into a contractor
19 agreement with the body, until an award or final selection
20 is made. Information prepared by or for the body in
21 preparation of a bid solicitation shall be exempt until an
22 award or final selection is made.
23 (i) Valuable formulae, computer geographic systems,
24 designs, drawings, and research data obtained or produced
25 by any public body when disclosure could reasonably be
26 expected to produce private gain or public loss. The
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1 exemption for "computer geographic systems" provided in
2 this paragraph (i) does not extend to requests made by
3 news media as defined in Section 2 of this Act when the
4 requested information is not otherwise exempt and the only
5 purpose of the request is to access and disseminate
6 information regarding the health, safety, welfare, or
7 legal rights of the general public.
8 (j) The following information pertaining to
9 educational matters:
10 (i) test questions, scoring keys, and other
11 examination data used to administer an academic
12 examination;
13 (ii) information received by a primary or
14 secondary school, college, or university under its
15 procedures for the evaluation of faculty members by
16 their academic peers;
17 (iii) information concerning a school or
18 university's adjudication of student disciplinary
19 cases, but only to the extent that disclosure would
20 unavoidably reveal the identity of the student; and
21 (iv) course materials or research materials used
22 by faculty members.
23 (k) Architects' plans, engineers' technical
24 submissions, and other construction related technical
25 documents for projects not constructed or developed in
26 whole or in part with public funds and the same for
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1 projects constructed or developed with public funds,
2 including, but not limited to, power generating and
3 distribution stations and other transmission and
4 distribution facilities, water treatment facilities,
5 airport facilities, sport stadiums, convention centers,
6 and all government owned, operated, or occupied buildings,
7 but only to the extent that disclosure would compromise
8 security.
9 (l) Minutes of meetings of public bodies closed to the
10 public as provided in the Open Meetings Act until the
11 public body makes the minutes available to the public
12 under Section 2.06 of the Open Meetings Act.
13 (m) Communications between a public body and an
14 attorney or auditor representing the public body that
15 would not be subject to discovery in litigation, and
16 materials prepared or compiled by or for a public body in
17 anticipation of a criminal, civil, or administrative
18 proceeding upon the request of an attorney advising the
19 public body, and materials prepared or compiled with
20 respect to internal audits of public bodies.
21 (n) Records relating to a public body's adjudication
22 of employee grievances or disciplinary cases; however,
23 this exemption shall not extend to the final outcome of
24 cases in which discipline is imposed.
25 (o) Administrative or technical information associated
26 with automated data processing operations, including, but
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1 not limited to, software, operating protocols, computer
2 program abstracts, file layouts, source listings, object
3 modules, load modules, user guides, documentation
4 pertaining to all logical and physical design of
5 computerized systems, employee manuals, and any other
6 information that, if disclosed, would jeopardize the
7 security of the system or its data or the security of
8 materials exempt under this Section.
9 (p) Records relating to collective negotiating matters
10 between public bodies and their employees or
11 representatives, except that any final contract or
12 agreement shall be subject to inspection and copying.
13 (q) Test questions, scoring keys, and other
14 examination data used to determine the qualifications of
15 an applicant for a license or employment.
16 (r) The records, documents, and information relating
17 to real estate purchase negotiations until those
18 negotiations have been completed or otherwise terminated.
19 With regard to a parcel involved in a pending or actually
20 and reasonably contemplated eminent domain proceeding
21 under the Eminent Domain Act, records, documents, and
22 information relating to that parcel shall be exempt except
23 as may be allowed under discovery rules adopted by the
24 Illinois Supreme Court. The records, documents, and
25 information relating to a real estate sale shall be exempt
26 until a sale is consummated.
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1 (s) Any and all proprietary information and records
2 related to the operation of an intergovernmental risk
3 management association or self-insurance pool or jointly
4 self-administered health and accident cooperative or pool.
5 Insurance or self-insurance (including any
6 intergovernmental risk management association or
7 self-insurance pool) claims, loss or risk management
8 information, records, data, advice, or communications.
9 (t) Information contained in or related to
10 examination, operating, or condition reports prepared by,
11 on behalf of, or for the use of a public body responsible
12 for the regulation or supervision of financial
13 institutions, insurance companies, or pharmacy benefit
14 managers, unless disclosure is otherwise required by State
15 law.
16 (u) Information that would disclose or might lead to
17 the disclosure of secret or confidential information,
18 codes, algorithms, programs, or private keys intended to
19 be used to create electronic signatures under the Uniform
20 Electronic Transactions Act.
21 (v) Vulnerability assessments, security measures, and
22 response policies or plans that are designed to identify,
23 prevent, or respond to potential attacks upon a
24 community's population or systems, facilities, or
25 installations, but only to the extent that disclosure
26 could reasonably be expected to expose the vulnerability
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1 or jeopardize the effectiveness of the measures, policies,
2 or plans, or the safety of the personnel who implement
3 them or the public. Information exempt under this item may
4 include such things as details pertaining to the
5 mobilization or deployment of personnel or equipment, to
6 the operation of communication systems or protocols, to
7 cybersecurity vulnerabilities, or to tactical operations.
8 (w) (Blank).
9 (x) Maps and other records regarding the location or
10 security of generation, transmission, distribution,
11 storage, gathering, treatment, or switching facilities
12 owned by a utility, by a power generator, or by the
13 Illinois Power Agency.
14 (y) Information contained in or related to proposals,
15 bids, or negotiations related to electric power
16 procurement under Section 1-75 of the Illinois Power
17 Agency Act and Section 16-111.5 of the Public Utilities
18 Act that is determined to be confidential and proprietary
19 by the Illinois Power Agency or by the Illinois Commerce
20 Commission.
21 (z) Information about students exempted from
22 disclosure under Section 10-20.38 or 34-18.29 of the
23 School Code, and information about undergraduate students
24 enrolled at an institution of higher education exempted
25 from disclosure under Section 25 of the Illinois Credit
26 Card Marketing Act of 2009.
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1 (aa) Information the disclosure of which is exempted
2 under the Viatical Settlements Act of 2009.
3 (bb) Records and information provided to a mortality
4 review team and records maintained by a mortality review
5 team appointed under the Department of Juvenile Justice
6 Mortality Review Team Act.
7 (cc) Information regarding interments, entombments, or
8 inurnments of human remains that are submitted to the
9 Cemetery Oversight Database under the Cemetery Care Act or
10 the Cemetery Oversight Act, whichever is applicable.
11 (dd) Correspondence and records (i) that may not be
12 disclosed under Section 11-9 of the Illinois Public Aid
13 Code or (ii) that pertain to appeals under Section 11-8 of
14 the Illinois Public Aid Code.
15 (ee) The names, addresses, or other personal
16 information of persons who are minors and are also
17 participants and registrants in programs of park
18 districts, forest preserve districts, conservation
19 districts, recreation agencies, and special recreation
20 associations.
21 (ff) The names, addresses, or other personal
22 information of participants and registrants in programs of
23 park districts, forest preserve districts, conservation
24 districts, recreation agencies, and special recreation
25 associations where such programs are targeted primarily to
26 minors.
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1 (gg) Confidential information described in Section
2 1-100 of the Illinois Independent Tax Tribunal Act of
3 2012.
4 (hh) The report submitted to the State Board of
5 Education by the School Security and Standards Task Force
6 under item (8) of subsection (d) of Section 2-3.160 of the
7 School Code and any information contained in that report.
8 (ii) Records requested by persons committed to or
9 detained by the Department of Human Services under the
10 Sexually Violent Persons Commitment Act or committed to
11 the Department of Corrections under the Sexually Dangerous
12 Persons Act if those materials: (i) are available in the
13 library of the facility where the individual is confined;
14 (ii) include records from staff members' personnel files,
15 staff rosters, or other staffing assignment information;
16 or (iii) are available through an administrative request
17 to the Department of Human Services or the Department of
18 Corrections.
19 (jj) Confidential information described in Section
20 5-535 of the Civil Administrative Code of Illinois.
21 (kk) The public body's credit card numbers, debit card
22 numbers, bank account numbers, Federal Employer
23 Identification Number, security code numbers, passwords,
24 and similar account information, the disclosure of which
25 could result in identity theft or impression or defrauding
26 of a governmental entity or a person.
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1 (ll) Records concerning the work of the threat
2 assessment team of a school district, including, but not
3 limited to, any threat assessment procedure under the
4 School Safety Drill Act and any information contained in
5 the procedure.
6 (mm) Information prohibited from being disclosed under
7 subsections (a) and (b) of Section 15 of the Student
8 Confidential Reporting Act.
9 (nn) Proprietary information submitted to the
10 Environmental Protection Agency under the Drug Take-Back
11 Act.
12 (oo) Records described in subsection (f) of Section
13 3-5-1 of the Unified Code of Corrections.
14 (pp) Any and all information regarding burials,
15 interments, or entombments of human remains as required to
16 be reported to the Department of Natural Resources
17 pursuant either to the Archaeological and Paleontological
18 Resources Protection Act or the Human Remains Protection
19 Act.
20 (qq) (pp) Reports described in subsection (e) of
21 Section 16-15 of the Abortion Care Clinical Training
22 Program Act.
23 (rr) (pp) Information obtained by a certified local
24 health department under the Access to Public Health Data
25 Act.
26 (ss) (pp) For a request directed to a public body that
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1 is also a HIPAA-covered entity, all information that is
2 protected health information, including demographic
3 information, that may be contained within or extracted
4 from any record held by the public body in compliance with
5 State and federal medical privacy laws and regulations,
6 including, but not limited to, the Health Insurance
7 Portability and Accountability Act and its regulations, 45
8 CFR Parts 160 and 164. As used in this paragraph,
9 "HIPAA-covered entity" has the meaning given to the term
10 "covered entity" in 45 CFR 160.103 and "protected health
11 information" has the meaning given to that term in 45 CFR
12 160.103.
13 (1.5) Any information exempt from disclosure under the
14 Judicial Privacy Act shall be redacted from public records
15 prior to disclosure under this Act.
16 (2) A public record that is not in the possession of a
17 public body but is in the possession of a party with whom the
18 agency has contracted to perform a governmental function on
19 behalf of the public body, and that directly relates to the
20 governmental function and is not otherwise exempt under this
21 Act, shall be considered a public record of the public body,
22 for purposes of this Act.
23 (3) This Section does not authorize withholding of
24 information or limit the availability of records to the
25 public, except as stated in this Section or otherwise provided
26 in this Act.
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1 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
2 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
3 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
4 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
5 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
6 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
7 9-7-23.)
8 (5 ILCS 140/9.5)
9 (Text of Section before amendment by P.A. 103-69)
10 Sec. 9.5. Public Access Counselor; opinions.
11 (a) A person whose request to inspect or copy a public
12 record is denied by a public body, except the General Assembly
13 and committees, commissions, and agencies thereof, may file a
14 request for review with the Public Access Counselor
15 established in the Office of the Attorney General not later
16 than 60 days after the date of the final denial. The request
17 for review must be in writing, signed by the requester, and
18 include (i) a copy of the request for access to records and
19 (ii) any responses from the public body.
20 (b) A person whose request to inspect or copy a public
21 record is made for a commercial purpose as defined in
22 subsection (c-10) of Section 2 of this Act may not file a
23 request for review with the Public Access Counselor. A person
24 whose request to inspect or copy a public record was treated by
25 the public body as a request for a commercial purpose under
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1 Section 3.1 of this Act may file a request for review with the
2 Public Access Counselor for the limited purpose of reviewing
3 whether the public body properly determined that the request
4 was made for a commercial purpose.
5 (b-5) A person whose request to inspect or copy a public
6 record was treated by a public body, except the General
7 Assembly and committees, commissions, and agencies thereof, as
8 a voluminous request under Section 3.6 of this Act may file a
9 request for review with the Public Access Counselor for the
10 purpose of reviewing whether the public body properly
11 determined that the request was a voluminous request.
12 (c) Upon receipt of a request for review, the Public
13 Access Counselor shall determine whether further action is
14 warranted. If the Public Access Counselor determines that the
15 alleged violation is unfounded, he or she shall so advise the
16 requester and the public body and no further action shall be
17 undertaken. In all other cases, the Public Access Counselor
18 shall forward a copy of the request for review to the public
19 body within 7 business days after receipt and shall specify
20 the records or other documents that the public body shall
21 furnish to facilitate the review. Within 7 business days after
22 receipt of the request for review, the public body shall
23 provide copies of records requested and shall otherwise fully
24 cooperate with the Public Access Counselor. If a public body
25 fails to furnish specified records pursuant to this Section,
26 or if otherwise necessary, the Attorney General may issue a
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1 subpoena to any person or public body having knowledge of or
2 records pertaining to a request for review of a denial of
3 access to records under the Act. To the extent that records or
4 documents produced by a public body contain information that
5 is claimed to be exempt from disclosure under Section 7 of this
6 Act, the Public Access Counselor shall not further disclose
7 that information.
8 (d) Within 7 business days after it receives a copy of a
9 request for review and request for production of records from
10 the Public Access Counselor, the public body may, but is not
11 required to, answer the allegations of the request for review.
12 The answer may take the form of a letter, brief, or memorandum.
13 The Public Access Counselor shall forward a copy of the answer
14 to the person submitting the request for review, with any
15 alleged confidential information to which the request pertains
16 redacted from the copy. The requester may, but is not required
17 to, respond in writing to the answer within 7 business days and
18 shall provide a copy of the response to the public body.
19 (e) In addition to the request for review, and the answer
20 and the response thereto, if any, a requester or a public body
21 may furnish affidavits or records concerning any matter
22 germane to the review.
23 (f) Unless the Public Access Counselor extends the time by
24 no more than 30 business days by sending written notice to the
25 requester and the public body that includes a statement of the
26 reasons for the extension in the notice, or decides to address
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1 the matter without the issuance of a binding opinion, the
2 Attorney General shall examine the issues and the records,
3 shall make findings of fact and conclusions of law, and shall
4 issue to the requester and the public body an opinion in
5 response to the request for review within 60 days after its
6 receipt. The opinion shall be binding upon both the requester
7 and the public body, subject to administrative review under
8 Section 11.5.
9 In responding to any request under this Section 9.5, the
10 Attorney General may exercise his or her discretion and choose
11 to resolve a request for review by mediation or by a means
12 other than the issuance of a binding opinion. The decision not
13 to issue a binding opinion shall not be reviewable.
14 Upon receipt of a binding opinion concluding that a
15 violation of this Act has occurred, the public body shall
16 either take necessary action immediately to comply with the
17 directive of the opinion or shall initiate administrative
18 review under Section 11.5. If the opinion concludes that no
19 violation of the Act has occurred, the requester may initiate
20 administrative review under Section 11.5.
21 A public body that discloses records in accordance with an
22 opinion of the Attorney General is immune from all liabilities
23 by reason thereof and shall not be liable for penalties under
24 this Act.
25 (g) If the requester files suit under Section 11 with
26 respect to the same denial that is the subject of a pending
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1 request for review, the requester shall notify the Public
2 Access Counselor, and the Public Access Counselor shall take
3 no further action with respect to the request for review and
4 shall so notify the public body.
5 (h) The Attorney General may also issue advisory opinions
6 to public bodies regarding compliance with this Act. A review
7 may be initiated upon receipt of a written request from the
8 head of the public body or its attorney, which shall contain
9 sufficient accurate facts from which a determination can be
10 made. The Public Access Counselor may request additional
11 information from the public body in order to assist in the
12 review. A public body that relies in good faith on an advisory
13 opinion of the Attorney General in responding to a request is
14 not liable for penalties under this Act, so long as the facts
15 upon which the opinion is based have been fully and fairly
16 disclosed to the Public Access Counselor.
17 (Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)
18 (Text of Section after amendment by P.A. 103-69)
19 Sec. 9.5. Public Access Counselor; opinions.
20 (a) A person whose request to inspect or copy a public
21 record is denied by a public body, except the General Assembly
22 and committees, commissions, and agencies thereof and the
23 judicial branch and the components of the judicial branch, may
24 file a request for review with the Public Access Counselor
25 established in the Office of the Attorney General not later
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1 than 60 days after the date of the final denial. The request
2 for review must be in writing, signed by the requester, and
3 include (i) a copy of the request for access to records and
4 (ii) any responses from the public body.
5 (b) A person whose request to inspect or copy a public
6 record is made for a commercial purpose as defined in
7 subsection (c-10) of Section 2 of this Act may not file a
8 request for review with the Public Access Counselor. A person
9 whose request to inspect or copy a public record was treated by
10 the public body as a request for a commercial purpose under
11 Section 3.1 of this Act may file a request for review with the
12 Public Access Counselor for the limited purpose of reviewing
13 whether the public body properly determined that the request
14 was made for a commercial purpose.
15 (b-5) A person whose request to inspect or copy a public
16 record was treated by a public body, except the General
17 Assembly and committees, commissions, and agencies thereof and
18 the judicial branch and the components of the judicial branch,
19 as a voluminous request under Section 3.6 of this Act may file
20 a request for review with the Public Access Counselor for the
21 purpose of reviewing whether the public body properly
22 determined that the request was a voluminous request.
23 (c) Upon receipt of a request for review, the Public
24 Access Counselor shall determine whether further action is
25 warranted. If the Public Access Counselor determines that the
26 alleged violation is unfounded, he or she shall so advise the
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1 requester and the public body and no further action shall be
2 undertaken. In all other cases, the Public Access Counselor
3 shall forward a copy of the request for review to the public
4 body within 7 business days after receipt and shall specify
5 the records or other documents that the public body shall
6 furnish to facilitate the review. Within 7 business days after
7 receipt of the request for review, the public body shall
8 provide copies of records requested and shall otherwise fully
9 cooperate with the Public Access Counselor. If a public body
10 fails to furnish specified records pursuant to this Section,
11 or if otherwise necessary, the Attorney General may issue a
12 subpoena to any person or public body having knowledge of or
13 records pertaining to a request for review of a denial of
14 access to records under the Act. Records or documents obtained
15 by the Public Access Counselor from a public body for the
16 purpose of addressing a request for review under this Section
17 may not be disclosed to the public, including the requester,
18 by the Public Access Counselor. These records, while in the
19 possession of the Public Access Counselor, are exempt under
20 this Act from disclosure by the Public Access Counselor.
21 (d) Within 7 business days after it receives a copy of a
22 request for review and request for production of records from
23 the Public Access Counselor, the public body may, but is not
24 required to, answer the allegations of the request for review.
25 The answer may take the form of a letter, brief, or memorandum.
26 The Public Access Counselor shall forward a copy of the answer
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1 to the person submitting the request for review, with any
2 alleged confidential information to which the request pertains
3 redacted from the copy. The requester may, but is not required
4 to, respond in writing to the answer within 7 business days and
5 shall provide a copy of the response to the public body.
6 (e) In addition to the request for review, and the answer
7 and the response thereto, if any, a requester or a public body
8 may furnish affidavits or records concerning any matter
9 germane to the review.
10 (f) Unless the Public Access Counselor extends the time by
11 no more than 30 business days by sending written notice to the
12 requester and the public body that includes a statement of the
13 reasons for the extension in the notice, or decides to address
14 the matter without the issuance of a binding opinion, the
15 Attorney General shall examine the issues and the records,
16 shall make findings of fact and conclusions of law, and shall
17 issue to the requester and the public body an opinion in
18 response to the request for review within 60 days after its
19 receipt. The opinion shall be binding upon both the requester
20 and the public body, subject to administrative review under
21 Section 11.5.
22 In responding to any request under this Section 9.5, the
23 Attorney General may exercise his or her discretion and choose
24 to resolve a request for review by mediation or by a means
25 other than the issuance of a binding opinion. The decision not
26 to issue a binding opinion shall not be reviewable.
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1 Upon receipt of a binding opinion concluding that a
2 violation of this Act has occurred, the public body shall
3 either take necessary action immediately to comply with the
4 directive of the opinion or shall initiate administrative
5 review under Section 11.5. If the opinion concludes that no
6 violation of the Act has occurred, the requester may initiate
7 administrative review under Section 11.5.
8 A public body that discloses records in accordance with an
9 opinion of the Attorney General is immune from all liabilities
10 by reason thereof and shall not be liable for penalties under
11 this Act.
12 (g) If the requester files suit under Section 11 with
13 respect to the same denial that is the subject of a pending
14 request for review, the requester shall notify the Public
15 Access Counselor, and the Public Access Counselor shall take
16 no further action with respect to the request for review and
17 shall so notify the public body.
18 (h) The Attorney General may also issue advisory opinions
19 to public bodies regarding compliance with this Act. A review
20 may be initiated upon receipt of a written request from the
21 head of the public body or its attorney, which shall contain
22 sufficient accurate facts from which a determination can be
23 made. The Public Access Counselor may request additional
24 information from the public body in order to assist in the
25 review. A public body that relies in good faith on an advisory
26 opinion of the Attorney General in responding to a request is
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1 not liable for penalties under this Act, so long as the facts
2 upon which the opinion is based have been fully and fairly
3 disclosed to the Public Access Counselor.
4 (Source: P.A. 103-69, eff. 1-1-24.)
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