Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3148 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3148 Introduced 2/6/2024, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7 Creates the Voluntary Do Not Sell Firearms Act. Provides that a person may file a voluntary waiver of firearm rights, either in writing or electronically, with the clerk of the court in any county in the State. Provides that the clerk of the court must request a physical or scanned copy of photo identification to verify the person's identity prior to accepting the form. Provides that the person filing the form may provide the name of a family member, mental health professional, substance use disorder professional, or other person to be contacted if the filer attempts to purchase a firearm while the voluntary waiver of firearm rights is in effect or if the filer applies to have the voluntary waiver revoked. Provides that no sooner than 21 calendar days after filing a voluntary waiver of firearm rights, the person may file a revocation of the voluntary waiver of firearm rights, either in writing or electronically, in the same county where the voluntary waiver of firearm rights was filed. Provides that copies and records of the voluntary waiver of firearm rights shall not be disclosed except to law enforcement agencies. Provides that a voluntary waiver of firearm rights may not be required of an individual as a condition for receiving employment, benefits, or services. Provides that all records obtained and all reports produced, as required by this provision, are not subject to disclosure and shall be confidential with respect to all matters involving health care, employment, education, housing, insurance, government benefits, and contracting. Amends the Freedom of Information Act to make conforming changes. Effective January 1, 2025. LRB103 36718 RLC 66828 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3148 Introduced 2/6/2024, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7 New Act 5 ILCS 140/7 Creates the Voluntary Do Not Sell Firearms Act. Provides that a person may file a voluntary waiver of firearm rights, either in writing or electronically, with the clerk of the court in any county in the State. Provides that the clerk of the court must request a physical or scanned copy of photo identification to verify the person's identity prior to accepting the form. Provides that the person filing the form may provide the name of a family member, mental health professional, substance use disorder professional, or other person to be contacted if the filer attempts to purchase a firearm while the voluntary waiver of firearm rights is in effect or if the filer applies to have the voluntary waiver revoked. Provides that no sooner than 21 calendar days after filing a voluntary waiver of firearm rights, the person may file a revocation of the voluntary waiver of firearm rights, either in writing or electronically, in the same county where the voluntary waiver of firearm rights was filed. Provides that copies and records of the voluntary waiver of firearm rights shall not be disclosed except to law enforcement agencies. Provides that a voluntary waiver of firearm rights may not be required of an individual as a condition for receiving employment, benefits, or services. Provides that all records obtained and all reports produced, as required by this provision, are not subject to disclosure and shall be confidential with respect to all matters involving health care, employment, education, housing, insurance, government benefits, and contracting. Amends the Freedom of Information Act to make conforming changes. Effective January 1, 2025. LRB103 36718 RLC 66828 b LRB103 36718 RLC 66828 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3148 Introduced 2/6/2024, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 140/7 New Act 5 ILCS 140/7
4	4	New Act
5	5	5 ILCS 140/7
6	6	Creates the Voluntary Do Not Sell Firearms Act. Provides that a person may file a voluntary waiver of firearm rights, either in writing or electronically, with the clerk of the court in any county in the State. Provides that the clerk of the court must request a physical or scanned copy of photo identification to verify the person's identity prior to accepting the form. Provides that the person filing the form may provide the name of a family member, mental health professional, substance use disorder professional, or other person to be contacted if the filer attempts to purchase a firearm while the voluntary waiver of firearm rights is in effect or if the filer applies to have the voluntary waiver revoked. Provides that no sooner than 21 calendar days after filing a voluntary waiver of firearm rights, the person may file a revocation of the voluntary waiver of firearm rights, either in writing or electronically, in the same county where the voluntary waiver of firearm rights was filed. Provides that copies and records of the voluntary waiver of firearm rights shall not be disclosed except to law enforcement agencies. Provides that a voluntary waiver of firearm rights may not be required of an individual as a condition for receiving employment, benefits, or services. Provides that all records obtained and all reports produced, as required by this provision, are not subject to disclosure and shall be confidential with respect to all matters involving health care, employment, education, housing, insurance, government benefits, and contracting. Amends the Freedom of Information Act to make conforming changes. Effective January 1, 2025.
7	7	LRB103 36718 RLC 66828 b LRB103 36718 RLC 66828 b
8	8	LRB103 36718 RLC 66828 b
9	9	A BILL FOR
10	10	SB3148LRB103 36718 RLC 66828 b SB3148 LRB103 36718 RLC 66828 b
11	11	SB3148 LRB103 36718 RLC 66828 b
12	12	1 AN ACT concerning firearms.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the
16	16	5 Voluntary Do Not Sell Firearms Act.
17	17	6 Section 5. Voluntary waiver of firearm rights.
18	18	7 (a) A person may file a voluntary waiver of firearm
19	19	8 rights, either in writing or electronically, with the clerk of
20	20	9 the court in any county in this State. The clerk of the court
21	21	10 must request a physical or scanned copy of photo
22	22	11 identification to verify the person's identity prior to
23	23	12 accepting the form. The person filing the form may provide the
24	24	13 name of a family member, mental health professional, substance
25	25	14 use disorder professional, or other person to be contacted if
26	26	15 the filer attempts to purchase a firearm while the voluntary
27	27	16 waiver of firearm rights is in effect or if the filer applies
28	28	17 to have the voluntary waiver revoked. The clerk of the court
29	29	18 must immediately give notice to the person filing the form and
30	30	19 any listed family member, mental health professional,
31	31	20 substance use disorder professional, or other person if the
32	32	21 filer's voluntary waiver of firearm rights has been accepted.
33	33	22 By the end of the business day, the clerk of the court shall,
34	34	23 in the form and manner prescribed by the Illinois State
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3148 Introduced 2/6/2024, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
39	39	New Act5 ILCS 140/7 New Act 5 ILCS 140/7
40	40	New Act
41	41	5 ILCS 140/7
42	42	Creates the Voluntary Do Not Sell Firearms Act. Provides that a person may file a voluntary waiver of firearm rights, either in writing or electronically, with the clerk of the court in any county in the State. Provides that the clerk of the court must request a physical or scanned copy of photo identification to verify the person's identity prior to accepting the form. Provides that the person filing the form may provide the name of a family member, mental health professional, substance use disorder professional, or other person to be contacted if the filer attempts to purchase a firearm while the voluntary waiver of firearm rights is in effect or if the filer applies to have the voluntary waiver revoked. Provides that no sooner than 21 calendar days after filing a voluntary waiver of firearm rights, the person may file a revocation of the voluntary waiver of firearm rights, either in writing or electronically, in the same county where the voluntary waiver of firearm rights was filed. Provides that copies and records of the voluntary waiver of firearm rights shall not be disclosed except to law enforcement agencies. Provides that a voluntary waiver of firearm rights may not be required of an individual as a condition for receiving employment, benefits, or services. Provides that all records obtained and all reports produced, as required by this provision, are not subject to disclosure and shall be confidential with respect to all matters involving health care, employment, education, housing, insurance, government benefits, and contracting. Amends the Freedom of Information Act to make conforming changes. Effective January 1, 2025.
43	43	LRB103 36718 RLC 66828 b LRB103 36718 RLC 66828 b
44	44	LRB103 36718 RLC 66828 b
45	45	A BILL FOR
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51	51	New Act
52	52	5 ILCS 140/7
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56	56	LRB103 36718 RLC 66828 b
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71	71	1 Police, transmit the accepted form to the Illinois State
72	72	2 Police. The Illinois State Police must enter the voluntary
73	73	3 waiver of firearm rights into the national instant criminal
74	74	4 background check system and any other federal or State
75	75	5 computer-based systems used by law enforcement agencies or
76	76	6 others to identify prohibited purchasers of firearms within 24
77	77	7 hours of receipt of the form. Copies and records of the
78	78	8 voluntary waiver of firearm rights shall not be disclosed
79	79	9 except to law enforcement agencies.
80	80	10 (b) A filer of a voluntary waiver of firearm rights may
81	81	11 update the contact information for any family member, mental
82	82	12 health professional, substance use disorder professional, or
83	83	13 other person provided under subsection (a) of this section by
84	84	14 making an electronic or written request to the clerk of the
85	85	15 court in the same county where the voluntary waiver of firearm
86	86	16 rights was filed. The clerk of the court must request a
87	87	17 physical or scanned copy of photo identification to verify the
88	88	18 person's identity prior to updating the contact information on
89	89	19 the form. By the end of the business day, the clerk of the
90	90	20 court shall transmit the updated contact information to the
91	91	21 Illinois State Police.
92	92	22 (c) No sooner than 21 calendar days after filing a
93	93	23 voluntary waiver of firearm rights, the person may file a
94	94	24 revocation of the voluntary waiver of firearm rights, either
95	95	25 in writing or electronically, in the same county where the
96	96	26 voluntary waiver of firearm rights was filed. The clerk of the
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107	107	1 court must request a physical or scanned copy of photo
108	108	2 identification to verify the person's identity prior to
109	109	3 accepting the form. By the end of the business day, the clerk
110	110	4 of the court must transmit the form to the Illinois State
111	111	5 Police and to any family member, mental health professional,
112	112	6 substance use disorder professional, or other person listed on
113	113	7 the voluntary waiver of firearm rights. Within 7 days of
114	114	8 receiving a revocation of a voluntary waiver of firearm
115	115	9 rights, the Illinois State Police must remove the person from
116	116	10 the national instant criminal background check system, and any
117	117	11 other federal or State computer-based systems used by law
118	118	12 enforcement agencies or others to identify prohibited
119	119	13 purchasers of firearms in which the person was entered, unless
120	120	14 the person is otherwise ineligible to possess a firearm under
121	121	15 Illinois law, and destroy all records of the voluntary waiver.
122	122	16 (d) A person who knowingly makes a false Statement
123	123	17 regarding the person's identity on the voluntary waiver of
124	124	18 firearm rights form or revocation of waiver of firearm rights
125	125	19 form is in violation of this Act and is subject to the penalty
126	126	20 for perjury under Section 32-2 of the Criminal Code of 2012.
127	127	21 (e) Neither a voluntary waiver of firearm rights nor a
128	128	22 revocation of a voluntary waiver of firearm rights shall be
129	129	23 considered by a court in any legal proceeding.
130	130	24 (f) A voluntary waiver of firearm rights may not be
131	131	25 required of an individual as a condition for receiving
132	132	26 employment, benefits, or services.
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143	143	1 (g) All records obtained and all reports produced, as
144	144	2 required by this Section, are not subject to disclosure and
145	145	3 shall be confidential with respect to all matters involving
146	146	4 health care, employment, education, housing, insurance,
147	147	5 government benefits, and contracting.
148	148	6 Section 90. The Freedom of Information Act is amended by
149	149	7 changing Section 7 as follows:
150	150	8 (5 ILCS 140/7)
151	151	9 Sec. 7. Exemptions.
152	152	10 (1) When a request is made to inspect or copy a public
153	153	11 record that contains information that is exempt from
154	154	12 disclosure under this Section, but also contains information
155	155	13 that is not exempt from disclosure, the public body may elect
156	156	14 to redact the information that is exempt. The public body
157	157	15 shall make the remaining information available for inspection
158	158	16 and copying. Subject to this requirement, the following shall
159	159	17 be exempt from inspection and copying:
160	160	18 (a) Information specifically prohibited from
161	161	19 disclosure by federal or State law or rules and
162	162	20 regulations implementing federal or State law.
163	163	21 (b) Private information, unless disclosure is required
164	164	22 by another provision of this Act, a State or federal law,
165	165	23 or a court order.
166	166	24 (b-5) Files, documents, and other data or databases
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177	177	1 maintained by one or more law enforcement agencies and
178	178	2 specifically designed to provide information to one or
179	179	3 more law enforcement agencies regarding the physical or
180	180	4 mental status of one or more individual subjects.
181	181	5 (c) Personal information contained within public
182	182	6 records, the disclosure of which would constitute a
183	183	7 clearly unwarranted invasion of personal privacy, unless
184	184	8 the disclosure is consented to in writing by the
185	185	9 individual subjects of the information. "Unwarranted
186	186	10 invasion of personal privacy" means the disclosure of
187	187	11 information that is highly personal or objectionable to a
188	188	12 reasonable person and in which the subject's right to
189	189	13 privacy outweighs any legitimate public interest in
190	190	14 obtaining the information. The disclosure of information
191	191	15 that bears on the public duties of public employees and
192	192	16 officials shall not be considered an invasion of personal
193	193	17 privacy.
194	194	18 (d) Records in the possession of any public body
195	195	19 created in the course of administrative enforcement
196	196	20 proceedings, and any law enforcement or correctional
197	197	21 agency for law enforcement purposes, but only to the
198	198	22 extent that disclosure would:
199	199	23 (i) interfere with pending or actually and
200	200	24 reasonably contemplated law enforcement proceedings
201	201	25 conducted by any law enforcement or correctional
202	202	26 agency that is the recipient of the request;
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213	213	1 (ii) interfere with active administrative
214	214	2 enforcement proceedings conducted by the public body
215	215	3 that is the recipient of the request;
216	216	4 (iii) create a substantial likelihood that a
217	217	5 person will be deprived of a fair trial or an impartial
218	218	6 hearing;
219	219	7 (iv) unavoidably disclose the identity of a
220	220	8 confidential source, confidential information
221	221	9 furnished only by the confidential source, or persons
222	222	10 who file complaints with or provide information to
223	223	11 administrative, investigative, law enforcement, or
224	224	12 penal agencies; except that the identities of
225	225	13 witnesses to traffic crashes, traffic crash reports,
226	226	14 and rescue reports shall be provided by agencies of
227	227	15 local government, except when disclosure would
228	228	16 interfere with an active criminal investigation
229	229	17 conducted by the agency that is the recipient of the
230	230	18 request;
231	231	19 (v) disclose unique or specialized investigative
232	232	20 techniques other than those generally used and known
233	233	21 or disclose internal documents of correctional
234	234	22 agencies related to detection, observation, or
235	235	23 investigation of incidents of crime or misconduct, and
236	236	24 disclosure would result in demonstrable harm to the
237	237	25 agency or public body that is the recipient of the
238	238	26 request;
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249	249	1 (vi) endanger the life or physical safety of law
250	250	2 enforcement personnel or any other person; or
251	251	3 (vii) obstruct an ongoing criminal investigation
252	252	4 by the agency that is the recipient of the request.
253	253	5 (d-5) A law enforcement record created for law
254	254	6 enforcement purposes and contained in a shared electronic
255	255	7 record management system if the law enforcement agency
256	256	8 that is the recipient of the request did not create the
257	257	9 record, did not participate in or have a role in any of the
258	258	10 events which are the subject of the record, and only has
259	259	11 access to the record through the shared electronic record
260	260	12 management system.
261	261	13 (d-6) Records contained in the Officer Professional
262	262	14 Conduct Database under Section 9.2 of the Illinois Police
263	263	15 Training Act, except to the extent authorized under that
264	264	16 Section. This includes the documents supplied to the
265	265	17 Illinois Law Enforcement Training Standards Board from the
266	266	18 Illinois State Police and Illinois State Police Merit
267	267	19 Board.
268	268	20 (d-7) Information gathered or records created from the
269	269	21 use of automatic license plate readers in connection with
270	270	22 Section 2-130 of the Illinois Vehicle Code.
271	271	23 (e) Records that relate to or affect the security of
272	272	24 correctional institutions and detention facilities.
273	273	25 (e-5) Records requested by persons committed to the
274	274	26 Department of Corrections, Department of Human Services
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285	285	1 Division of Mental Health, or a county jail if those
286	286	2 materials are available in the library of the correctional
287	287	3 institution or facility or jail where the inmate is
288	288	4 confined.
289	289	5 (e-6) Records requested by persons committed to the
290	290	6 Department of Corrections, Department of Human Services
291	291	7 Division of Mental Health, or a county jail if those
292	292	8 materials include records from staff members' personnel
293	293	9 files, staff rosters, or other staffing assignment
294	294	10 information.
295	295	11 (e-7) Records requested by persons committed to the
296	296	12 Department of Corrections or Department of Human Services
297	297	13 Division of Mental Health if those materials are available
298	298	14 through an administrative request to the Department of
299	299	15 Corrections or Department of Human Services Division of
300	300	16 Mental Health.
301	301	17 (e-8) Records requested by a person committed to the
302	302	18 Department of Corrections, Department of Human Services
303	303	19 Division of Mental Health, or a county jail, the
304	304	20 disclosure of which would result in the risk of harm to any
305	305	21 person or the risk of an escape from a jail or correctional
306	306	22 institution or facility.
307	307	23 (e-9) Records requested by a person in a county jail
308	308	24 or committed to the Department of Corrections or
309	309	25 Department of Human Services Division of Mental Health,
310	310	26 containing personal information pertaining to the person's
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321	321	1 victim or the victim's family, including, but not limited
322	322	2 to, a victim's home address, home telephone number, work
323	323	3 or school address, work telephone number, social security
324	324	4 number, or any other identifying information, except as
325	325	5 may be relevant to a requester's current or potential case
326	326	6 or claim.
327	327	7 (e-10) Law enforcement records of other persons
328	328	8 requested by a person committed to the Department of
329	329	9 Corrections, Department of Human Services Division of
330	330	10 Mental Health, or a county jail, including, but not
331	331	11 limited to, arrest and booking records, mug shots, and
332	332	12 crime scene photographs, except as these records may be
333	333	13 relevant to the requester's current or potential case or
334	334	14 claim.
335	335	15 (f) Preliminary drafts, notes, recommendations,
336	336	16 memoranda, and other records in which opinions are
337	337	17 expressed, or policies or actions are formulated, except
338	338	18 that a specific record or relevant portion of a record
339	339	19 shall not be exempt when the record is publicly cited and
340	340	20 identified by the head of the public body. The exemption
341	341	21 provided in this paragraph (f) extends to all those
342	342	22 records of officers and agencies of the General Assembly
343	343	23 that pertain to the preparation of legislative documents.
344	344	24 (g) Trade secrets and commercial or financial
345	345	25 information obtained from a person or business where the
346	346	26 trade secrets or commercial or financial information are
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357	357	1 furnished under a claim that they are proprietary,
358	358	2 privileged, or confidential, and that disclosure of the
359	359	3 trade secrets or commercial or financial information would
360	360	4 cause competitive harm to the person or business, and only
361	361	5 insofar as the claim directly applies to the records
362	362	6 requested.
363	363	7 The information included under this exemption includes
364	364	8 all trade secrets and commercial or financial information
365	365	9 obtained by a public body, including a public pension
366	366	10 fund, from a private equity fund or a privately held
367	367	11 company within the investment portfolio of a private
368	368	12 equity fund as a result of either investing or evaluating
369	369	13 a potential investment of public funds in a private equity
370	370	14 fund. The exemption contained in this item does not apply
371	371	15 to the aggregate financial performance information of a
372	372	16 private equity fund, nor to the identity of the fund's
373	373	17 managers or general partners. The exemption contained in
374	374	18 this item does not apply to the identity of a privately
375	375	19 held company within the investment portfolio of a private
376	376	20 equity fund, unless the disclosure of the identity of a
377	377	21 privately held company may cause competitive harm.
378	378	22 Nothing contained in this paragraph (g) shall be
379	379	23 construed to prevent a person or business from consenting
380	380	24 to disclosure.
381	381	25 (h) Proposals and bids for any contract, grant, or
382	382	26 agreement, including information which if it were
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393	393	1 disclosed would frustrate procurement or give an advantage
394	394	2 to any person proposing to enter into a contractor
395	395	3 agreement with the body, until an award or final selection
396	396	4 is made. Information prepared by or for the body in
397	397	5 preparation of a bid solicitation shall be exempt until an
398	398	6 award or final selection is made.
399	399	7 (i) Valuable formulae, computer geographic systems,
400	400	8 designs, drawings, and research data obtained or produced
401	401	9 by any public body when disclosure could reasonably be
402	402	10 expected to produce private gain or public loss. The
403	403	11 exemption for "computer geographic systems" provided in
404	404	12 this paragraph (i) does not extend to requests made by
405	405	13 news media as defined in Section 2 of this Act when the
406	406	14 requested information is not otherwise exempt and the only
407	407	15 purpose of the request is to access and disseminate
408	408	16 information regarding the health, safety, welfare, or
409	409	17 legal rights of the general public.
410	410	18 (j) The following information pertaining to
411	411	19 educational matters:
412	412	20 (i) test questions, scoring keys, and other
413	413	21 examination data used to administer an academic
414	414	22 examination;
415	415	23 (ii) information received by a primary or
416	416	24 secondary school, college, or university under its
417	417	25 procedures for the evaluation of faculty members by
418	418	26 their academic peers;
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429	429	1 (iii) information concerning a school or
430	430	2 university's adjudication of student disciplinary
431	431	3 cases, but only to the extent that disclosure would
432	432	4 unavoidably reveal the identity of the student; and
433	433	5 (iv) course materials or research materials used
434	434	6 by faculty members.
435	435	7 (k) Architects' plans, engineers' technical
436	436	8 submissions, and other construction related technical
437	437	9 documents for projects not constructed or developed in
438	438	10 whole or in part with public funds and the same for
439	439	11 projects constructed or developed with public funds,
440	440	12 including, but not limited to, power generating and
441	441	13 distribution stations and other transmission and
442	442	14 distribution facilities, water treatment facilities,
443	443	15 airport facilities, sport stadiums, convention centers,
444	444	16 and all government owned, operated, or occupied buildings,
445	445	17 but only to the extent that disclosure would compromise
446	446	18 security.
447	447	19 (l) Minutes of meetings of public bodies closed to the
448	448	20 public as provided in the Open Meetings Act until the
449	449	21 public body makes the minutes available to the public
450	450	22 under Section 2.06 of the Open Meetings Act.
451	451	23 (m) Communications between a public body and an
452	452	24 attorney or auditor representing the public body that
453	453	25 would not be subject to discovery in litigation, and
454	454	26 materials prepared or compiled by or for a public body in
455	455
456	456
457	457
458	458
459	459
460	460	SB3148 - 12 - LRB103 36718 RLC 66828 b
461	461
462	462
463	463	SB3148- 13 -LRB103 36718 RLC 66828 b SB3148 - 13 - LRB103 36718 RLC 66828 b
464	464	SB3148 - 13 - LRB103 36718 RLC 66828 b
465	465	1 anticipation of a criminal, civil, or administrative
466	466	2 proceeding upon the request of an attorney advising the
467	467	3 public body, and materials prepared or compiled with
468	468	4 respect to internal audits of public bodies.
469	469	5 (n) Records relating to a public body's adjudication
470	470	6 of employee grievances or disciplinary cases; however,
471	471	7 this exemption shall not extend to the final outcome of
472	472	8 cases in which discipline is imposed.
473	473	9 (o) Administrative or technical information associated
474	474	10 with automated data processing operations, including, but
475	475	11 not limited to, software, operating protocols, computer
476	476	12 program abstracts, file layouts, source listings, object
477	477	13 modules, load modules, user guides, documentation
478	478	14 pertaining to all logical and physical design of
479	479	15 computerized systems, employee manuals, and any other
480	480	16 information that, if disclosed, would jeopardize the
481	481	17 security of the system or its data or the security of
482	482	18 materials exempt under this Section.
483	483	19 (p) Records relating to collective negotiating matters
484	484	20 between public bodies and their employees or
485	485	21 representatives, except that any final contract or
486	486	22 agreement shall be subject to inspection and copying.
487	487	23 (q) Test questions, scoring keys, and other
488	488	24 examination data used to determine the qualifications of
489	489	25 an applicant for a license or employment.
490	490	26 (r) The records, documents, and information relating
491	491
492	492
493	493
494	494
495	495
496	496	SB3148 - 13 - LRB103 36718 RLC 66828 b
497	497
498	498
499	499	SB3148- 14 -LRB103 36718 RLC 66828 b SB3148 - 14 - LRB103 36718 RLC 66828 b
500	500	SB3148 - 14 - LRB103 36718 RLC 66828 b
501	501	1 to real estate purchase negotiations until those
502	502	2 negotiations have been completed or otherwise terminated.
503	503	3 With regard to a parcel involved in a pending or actually
504	504	4 and reasonably contemplated eminent domain proceeding
505	505	5 under the Eminent Domain Act, records, documents, and
506	506	6 information relating to that parcel shall be exempt except
507	507	7 as may be allowed under discovery rules adopted by the
508	508	8 Illinois Supreme Court. The records, documents, and
509	509	9 information relating to a real estate sale shall be exempt
510	510	10 until a sale is consummated.
511	511	11 (s) Any and all proprietary information and records
512	512	12 related to the operation of an intergovernmental risk
513	513	13 management association or self-insurance pool or jointly
514	514	14 self-administered health and accident cooperative or pool.
515	515	15 Insurance or self-insurance (including any
516	516	16 intergovernmental risk management association or
517	517	17 self-insurance pool) claims, loss or risk management
518	518	18 information, records, data, advice, or communications.
519	519	19 (t) Information contained in or related to
520	520	20 examination, operating, or condition reports prepared by,
521	521	21 on behalf of, or for the use of a public body responsible
522	522	22 for the regulation or supervision of financial
523	523	23 institutions, insurance companies, or pharmacy benefit
524	524	24 managers, unless disclosure is otherwise required by State
525	525	25 law.
526	526	26 (u) Information that would disclose or might lead to
527	527
528	528
529	529
530	530
531	531
532	532	SB3148 - 14 - LRB103 36718 RLC 66828 b
533	533
534	534
535	535	SB3148- 15 -LRB103 36718 RLC 66828 b SB3148 - 15 - LRB103 36718 RLC 66828 b
536	536	SB3148 - 15 - LRB103 36718 RLC 66828 b
537	537	1 the disclosure of secret or confidential information,
538	538	2 codes, algorithms, programs, or private keys intended to
539	539	3 be used to create electronic signatures under the Uniform
540	540	4 Electronic Transactions Act.
541	541	5 (v) Vulnerability assessments, security measures, and
542	542	6 response policies or plans that are designed to identify,
543	543	7 prevent, or respond to potential attacks upon a
544	544	8 community's population or systems, facilities, or
545	545	9 installations, but only to the extent that disclosure
546	546	10 could reasonably be expected to expose the vulnerability
547	547	11 or jeopardize the effectiveness of the measures, policies,
548	548	12 or plans, or the safety of the personnel who implement
549	549	13 them or the public. Information exempt under this item may
550	550	14 include such things as details pertaining to the
551	551	15 mobilization or deployment of personnel or equipment, to
552	552	16 the operation of communication systems or protocols, to
553	553	17 cybersecurity vulnerabilities, or to tactical operations.
554	554	18 (w) (Blank).
555	555	19 (x) Maps and other records regarding the location or
556	556	20 security of generation, transmission, distribution,
557	557	21 storage, gathering, treatment, or switching facilities
558	558	22 owned by a utility, by a power generator, or by the
559	559	23 Illinois Power Agency.
560	560	24 (y) Information contained in or related to proposals,
561	561	25 bids, or negotiations related to electric power
562	562	26 procurement under Section 1-75 of the Illinois Power
563	563
564	564
565	565
566	566
567	567
568	568	SB3148 - 15 - LRB103 36718 RLC 66828 b
569	569
570	570
571	571	SB3148- 16 -LRB103 36718 RLC 66828 b SB3148 - 16 - LRB103 36718 RLC 66828 b
572	572	SB3148 - 16 - LRB103 36718 RLC 66828 b
573	573	1 Agency Act and Section 16-111.5 of the Public Utilities
574	574	2 Act that is determined to be confidential and proprietary
575	575	3 by the Illinois Power Agency or by the Illinois Commerce
576	576	4 Commission.
577	577	5 (z) Information about students exempted from
578	578	6 disclosure under Section 10-20.38 or 34-18.29 of the
579	579	7 School Code, and information about undergraduate students
580	580	8 enrolled at an institution of higher education exempted
581	581	9 from disclosure under Section 25 of the Illinois Credit
582	582	10 Card Marketing Act of 2009.
583	583	11 (aa) Information the disclosure of which is exempted
584	584	12 under the Viatical Settlements Act of 2009.
585	585	13 (bb) Records and information provided to a mortality
586	586	14 review team and records maintained by a mortality review
587	587	15 team appointed under the Department of Juvenile Justice
588	588	16 Mortality Review Team Act.
589	589	17 (cc) Information regarding interments, entombments, or
590	590	18 inurnments of human remains that are submitted to the
591	591	19 Cemetery Oversight Database under the Cemetery Care Act or
592	592	20 the Cemetery Oversight Act, whichever is applicable.
593	593	21 (dd) Correspondence and records (i) that may not be
594	594	22 disclosed under Section 11-9 of the Illinois Public Aid
595	595	23 Code or (ii) that pertain to appeals under Section 11-8 of
596	596	24 the Illinois Public Aid Code.
597	597	25 (ee) The names, addresses, or other personal
598	598	26 information of persons who are minors and are also
599	599
600	600
601	601
602	602
603	603
604	604	SB3148 - 16 - LRB103 36718 RLC 66828 b
605	605
606	606
607	607	SB3148- 17 -LRB103 36718 RLC 66828 b SB3148 - 17 - LRB103 36718 RLC 66828 b
608	608	SB3148 - 17 - LRB103 36718 RLC 66828 b
609	609	1 participants and registrants in programs of park
610	610	2 districts, forest preserve districts, conservation
611	611	3 districts, recreation agencies, and special recreation
612	612	4 associations.
613	613	5 (ff) The names, addresses, or other personal
614	614	6 information of participants and registrants in programs of
615	615	7 park districts, forest preserve districts, conservation
616	616	8 districts, recreation agencies, and special recreation
617	617	9 associations where such programs are targeted primarily to
618	618	10 minors.
619	619	11 (gg) Confidential information described in Section
620	620	12 1-100 of the Illinois Independent Tax Tribunal Act of
621	621	13 2012.
622	622	14 (hh) The report submitted to the State Board of
623	623	15 Education by the School Security and Standards Task Force
624	624	16 under item (8) of subsection (d) of Section 2-3.160 of the
625	625	17 School Code and any information contained in that report.
626	626	18 (ii) Records requested by persons committed to or
627	627	19 detained by the Department of Human Services under the
628	628	20 Sexually Violent Persons Commitment Act or committed to
629	629	21 the Department of Corrections under the Sexually Dangerous
630	630	22 Persons Act if those materials: (i) are available in the
631	631	23 library of the facility where the individual is confined;
632	632	24 (ii) include records from staff members' personnel files,
633	633	25 staff rosters, or other staffing assignment information;
634	634	26 or (iii) are available through an administrative request
635	635
636	636
637	637
638	638
639	639
640	640	SB3148 - 17 - LRB103 36718 RLC 66828 b
641	641
642	642
643	643	SB3148- 18 -LRB103 36718 RLC 66828 b SB3148 - 18 - LRB103 36718 RLC 66828 b
644	644	SB3148 - 18 - LRB103 36718 RLC 66828 b
645	645	1 to the Department of Human Services or the Department of
646	646	2 Corrections.
647	647	3 (jj) Confidential information described in Section
648	648	4 5-535 of the Civil Administrative Code of Illinois.
649	649	5 (kk) The public body's credit card numbers, debit card
650	650	6 numbers, bank account numbers, Federal Employer
651	651	7 Identification Number, security code numbers, passwords,
652	652	8 and similar account information, the disclosure of which
653	653	9 could result in identity theft or impression or defrauding
654	654	10 of a governmental entity or a person.
655	655	11 (ll) Records concerning the work of the threat
656	656	12 assessment team of a school district, including, but not
657	657	13 limited to, any threat assessment procedure under the
658	658	14 School Safety Drill Act and any information contained in
659	659	15 the procedure.
660	660	16 (mm) Information prohibited from being disclosed under
661	661	17 subsections (a) and (b) of Section 15 of the Student
662	662	18 Confidential Reporting Act.
663	663	19 (nn) Proprietary information submitted to the
664	664	20 Environmental Protection Agency under the Drug Take-Back
665	665	21 Act.
666	666	22 (oo) Records described in subsection (f) of Section
667	667	23 3-5-1 of the Unified Code of Corrections.
668	668	24 (pp) Any and all information regarding burials,
669	669	25 interments, or entombments of human remains as required to
670	670	26 be reported to the Department of Natural Resources
671	671
672	672
673	673
674	674
675	675
676	676	SB3148 - 18 - LRB103 36718 RLC 66828 b
677	677
678	678
679	679	SB3148- 19 -LRB103 36718 RLC 66828 b SB3148 - 19 - LRB103 36718 RLC 66828 b
680	680	SB3148 - 19 - LRB103 36718 RLC 66828 b
681	681	1 pursuant either to the Archaeological and Paleontological
682	682	2 Resources Protection Act or the Human Remains Protection
683	683	3 Act.
684	684	4 (qq) (pp) Reports described in subsection (e) of
685	685	5 Section 16-15 of the Abortion Care Clinical Training
686	686	6 Program Act.
687	687	7 (rr) (pp) Information obtained by a certified local
688	688	8 health department under the Access to Public Health Data
689	689	9 Act.
690	690	10 (ss) (pp) For a request directed to a public body that
691	691	11 is also a HIPAA-covered entity, all information that is
692	692	12 protected health information, including demographic
693	693	13 information, that may be contained within or extracted
694	694	14 from any record held by the public body in compliance with
695	695	15 State and federal medical privacy laws and regulations,
696	696	16 including, but not limited to, the Health Insurance
697	697	17 Portability and Accountability Act and its regulations, 45
698	698	18 CFR Parts 160 and 164. As used in this paragraph,
699	699	19 "HIPAA-covered entity" has the meaning given to the term
700	700	20 "covered entity" in 45 CFR 160.103 and "protected health
701	701	21 information" has the meaning given to that term in 45 CFR
702	702	22 160.103.
703	703	23 (tt) All records obtained and all reports produced, as
704	704	24 required by Section 5 of the Voluntary Do Not Sell
705	705	25 Firearms Act, with respect to all matters involving health
706	706	26 care, employment, education, housing, insurance,
707	707
708	708
709	709
710	710
711	711
712	712	SB3148 - 19 - LRB103 36718 RLC 66828 b
713	713
714	714
715	715	SB3148- 20 -LRB103 36718 RLC 66828 b SB3148 - 20 - LRB103 36718 RLC 66828 b
716	716	SB3148 - 20 - LRB103 36718 RLC 66828 b
717	717	1 government benefits, and contracting.
718	718	2 (1.5) Any information exempt from disclosure under the
719	719	3 Judicial Privacy Act shall be redacted from public records
720	720	4 prior to disclosure under this Act.
721	721	5 (2) A public record that is not in the possession of a
722	722	6 public body but is in the possession of a party with whom the
723	723	7 agency has contracted to perform a governmental function on
724	724	8 behalf of the public body, and that directly relates to the
725	725	9 governmental function and is not otherwise exempt under this
726	726	10 Act, shall be considered a public record of the public body,
727	727	11 for purposes of this Act.
728	728	12 (3) This Section does not authorize withholding of
729	729	13 information or limit the availability of records to the
730	730	14 public, except as stated in this Section or otherwise provided
731	731	15 in this Act.
732	732	16 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
733	733	17 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
734	734	18 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
735	735	19 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
736	736	20 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
737	737	21 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
738	738	22 9-7-23.)
739	739
740	740
741	741
742	742
743	743
744	744	SB3148 - 20 - LRB103 36718 RLC 66828 b