IL
Illinois House Bill HB2722

Illinois 2025-2026 Regular Session

Illinois House Bill HB2722 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2722 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 5 ILCS 140/7 Amends the Freedom of Information Act. Exempts from disclosure any studies, drafts, notes, recommendations, memoranda, and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record is not exempt if the record has remained in draft form for more than a 12-month period and public dollars were spent by a unit of local government to conduct such a study. LRB104 07315 BDA 17354 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2722 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 5 ILCS 140/7 5 ILCS 140/7 Amends the Freedom of Information Act. Exempts from disclosure any studies, drafts, notes, recommendations, memoranda, and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record is not exempt if the record has remained in draft form for more than a 12-month period and public dollars were spent by a unit of local government to conduct such a study. LRB104 07315 BDA 17354 b LRB104 07315 BDA 17354 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2722 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
33 5 ILCS 140/7 5 ILCS 140/7
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55 Amends the Freedom of Information Act. Exempts from disclosure any studies, drafts, notes, recommendations, memoranda, and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record is not exempt if the record has remained in draft form for more than a 12-month period and public dollars were spent by a unit of local government to conduct such a study.
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1111 1 AN ACT concerning government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Freedom of Information Act is amended by
1515 5 changing Section 7 as follows:
1616 6 (5 ILCS 140/7)
1717 7 Sec. 7. Exemptions.
1818 8 (1) When a request is made to inspect or copy a public
1919 9 record that contains information that is exempt from
2020 10 disclosure under this Section, but also contains information
2121 11 that is not exempt from disclosure, the public body may elect
2222 12 to redact the information that is exempt. The public body
2323 13 shall make the remaining information available for inspection
2424 14 and copying. Subject to this requirement, the following shall
2525 15 be exempt from inspection and copying:
2626 16 (a) Information specifically prohibited from
2727 17 disclosure by federal or State law or rules and
2828 18 regulations implementing federal or State law.
2929 19 (b) Private information, unless disclosure is required
3030 20 by another provision of this Act, a State or federal law,
3131 21 or a court order.
3232 22 (b-5) Files, documents, and other data or databases
3333 23 maintained by one or more law enforcement agencies and
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2722 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
3838 5 ILCS 140/7 5 ILCS 140/7
3939 5 ILCS 140/7
4040 Amends the Freedom of Information Act. Exempts from disclosure any studies, drafts, notes, recommendations, memoranda, and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record is not exempt if the record has remained in draft form for more than a 12-month period and public dollars were spent by a unit of local government to conduct such a study.
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6868 1 specifically designed to provide information to one or
6969 2 more law enforcement agencies regarding the physical or
7070 3 mental status of one or more individual subjects.
7171 4 (c) Personal information contained within public
7272 5 records, the disclosure of which would constitute a
7373 6 clearly unwarranted invasion of personal privacy, unless
7474 7 the disclosure is consented to in writing by the
7575 8 individual subjects of the information. "Unwarranted
7676 9 invasion of personal privacy" means the disclosure of
7777 10 information that is highly personal or objectionable to a
7878 11 reasonable person and in which the subject's right to
7979 12 privacy outweighs any legitimate public interest in
8080 13 obtaining the information. The disclosure of information
8181 14 that bears on the public duties of public employees and
8282 15 officials shall not be considered an invasion of personal
8383 16 privacy.
8484 17 (d) Records in the possession of any public body
8585 18 created in the course of administrative enforcement
8686 19 proceedings, and any law enforcement or correctional
8787 20 agency for law enforcement purposes, but only to the
8888 21 extent that disclosure would:
8989 22 (i) interfere with pending or actually and
9090 23 reasonably contemplated law enforcement proceedings
9191 24 conducted by any law enforcement or correctional
9292 25 agency that is the recipient of the request;
9393 26 (ii) interfere with active administrative
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104104 1 enforcement proceedings conducted by the public body
105105 2 that is the recipient of the request;
106106 3 (iii) create a substantial likelihood that a
107107 4 person will be deprived of a fair trial or an impartial
108108 5 hearing;
109109 6 (iv) unavoidably disclose the identity of a
110110 7 confidential source, confidential information
111111 8 furnished only by the confidential source, or persons
112112 9 who file complaints with or provide information to
113113 10 administrative, investigative, law enforcement, or
114114 11 penal agencies; except that the identities of
115115 12 witnesses to traffic crashes, traffic crash reports,
116116 13 and rescue reports shall be provided by agencies of
117117 14 local government, except when disclosure would
118118 15 interfere with an active criminal investigation
119119 16 conducted by the agency that is the recipient of the
120120 17 request;
121121 18 (v) disclose unique or specialized investigative
122122 19 techniques other than those generally used and known
123123 20 or disclose internal documents of correctional
124124 21 agencies related to detection, observation, or
125125 22 investigation of incidents of crime or misconduct, and
126126 23 disclosure would result in demonstrable harm to the
127127 24 agency or public body that is the recipient of the
128128 25 request;
129129 26 (vi) endanger the life or physical safety of law
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140140 1 enforcement personnel or any other person; or
141141 2 (vii) obstruct an ongoing criminal investigation
142142 3 by the agency that is the recipient of the request.
143143 4 (d-5) A law enforcement record created for law
144144 5 enforcement purposes and contained in a shared electronic
145145 6 record management system if the law enforcement agency
146146 7 that is the recipient of the request did not create the
147147 8 record, did not participate in or have a role in any of the
148148 9 events which are the subject of the record, and only has
149149 10 access to the record through the shared electronic record
150150 11 management system.
151151 12 (d-6) Records contained in the Officer Professional
152152 13 Conduct Database under Section 9.2 of the Illinois Police
153153 14 Training Act, except to the extent authorized under that
154154 15 Section. This includes the documents supplied to the
155155 16 Illinois Law Enforcement Training Standards Board from the
156156 17 Illinois State Police and Illinois State Police Merit
157157 18 Board.
158158 19 (d-7) Information gathered or records created from the
159159 20 use of automatic license plate readers in connection with
160160 21 Section 2-130 of the Illinois Vehicle Code.
161161 22 (e) Records that relate to or affect the security of
162162 23 correctional institutions and detention facilities.
163163 24 (e-5) Records requested by persons committed to the
164164 25 Department of Corrections, Department of Human Services
165165 26 Division of Mental Health, or a county jail if those
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176176 1 materials are available in the library of the correctional
177177 2 institution or facility or jail where the inmate is
178178 3 confined.
179179 4 (e-6) Records requested by persons committed to the
180180 5 Department of Corrections, Department of Human Services
181181 6 Division of Mental Health, or a county jail if those
182182 7 materials include records from staff members' personnel
183183 8 files, staff rosters, or other staffing assignment
184184 9 information.
185185 10 (e-7) Records requested by persons committed to the
186186 11 Department of Corrections or Department of Human Services
187187 12 Division of Mental Health if those materials are available
188188 13 through an administrative request to the Department of
189189 14 Corrections or Department of Human Services Division of
190190 15 Mental Health.
191191 16 (e-8) Records requested by a person committed to the
192192 17 Department of Corrections, Department of Human Services
193193 18 Division of Mental Health, or a county jail, the
194194 19 disclosure of which would result in the risk of harm to any
195195 20 person or the risk of an escape from a jail or correctional
196196 21 institution or facility.
197197 22 (e-9) Records requested by a person in a county jail
198198 23 or committed to the Department of Corrections or
199199 24 Department of Human Services Division of Mental Health,
200200 25 containing personal information pertaining to the person's
201201 26 victim or the victim's family, including, but not limited
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212212 1 to, a victim's home address, home telephone number, work
213213 2 or school address, work telephone number, social security
214214 3 number, or any other identifying information, except as
215215 4 may be relevant to a requester's current or potential case
216216 5 or claim.
217217 6 (e-10) Law enforcement records of other persons
218218 7 requested by a person committed to the Department of
219219 8 Corrections, Department of Human Services Division of
220220 9 Mental Health, or a county jail, including, but not
221221 10 limited to, arrest and booking records, mug shots, and
222222 11 crime scene photographs, except as these records may be
223223 12 relevant to the requester's current or potential case or
224224 13 claim.
225225 14 (f) Preliminary drafts, notes, recommendations,
226226 15 memoranda, and other records in which opinions are
227227 16 expressed, or policies or actions are formulated, except
228228 17 that a specific record or relevant portion of a record
229229 18 shall not be exempt when the record is publicly cited and
230230 19 identified by the head of the public body. The exemption
231231 20 provided in this paragraph (f) extends to all those
232232 21 records of officers and agencies of the General Assembly
233233 22 that pertain to the preparation of legislative documents.
234234 23 (f-1) Any studies, drafts, notes, recommendations,
235235 24 memoranda, and other records in which opinions are
236236 25 expressed, or policies or actions are formulated, except
237237 26 that a specific record or relevant portion of a record is
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248248 1 not exempt if the record has remained in draft form for
249249 2 more than a 12-month period and public dollars were spent
250250 3 by a unit of local government to conduct such a study.
251251 4 (g) Trade secrets and commercial or financial
252252 5 information obtained from a person or business where the
253253 6 trade secrets or commercial or financial information are
254254 7 furnished under a claim that they are proprietary,
255255 8 privileged, or confidential, and that disclosure of the
256256 9 trade secrets or commercial or financial information would
257257 10 cause competitive harm to the person or business, and only
258258 11 insofar as the claim directly applies to the records
259259 12 requested.
260260 13 The information included under this exemption includes
261261 14 all trade secrets and commercial or financial information
262262 15 obtained by a public body, including a public pension
263263 16 fund, from a private equity fund or a privately held
264264 17 company within the investment portfolio of a private
265265 18 equity fund as a result of either investing or evaluating
266266 19 a potential investment of public funds in a private equity
267267 20 fund. The exemption contained in this item does not apply
268268 21 to the aggregate financial performance information of a
269269 22 private equity fund, nor to the identity of the fund's
270270 23 managers or general partners. The exemption contained in
271271 24 this item does not apply to the identity of a privately
272272 25 held company within the investment portfolio of a private
273273 26 equity fund, unless the disclosure of the identity of a
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284284 1 privately held company may cause competitive harm.
285285 2 Nothing contained in this paragraph (g) shall be
286286 3 construed to prevent a person or business from consenting
287287 4 to disclosure.
288288 5 (h) Proposals and bids for any contract, grant, or
289289 6 agreement, including information which if it were
290290 7 disclosed would frustrate procurement or give an advantage
291291 8 to any person proposing to enter into a contractor
292292 9 agreement with the body, until an award or final selection
293293 10 is made. Information prepared by or for the body in
294294 11 preparation of a bid solicitation shall be exempt until an
295295 12 award or final selection is made.
296296 13 (i) Valuable formulae, computer geographic systems,
297297 14 designs, drawings, and research data obtained or produced
298298 15 by any public body when disclosure could reasonably be
299299 16 expected to produce private gain or public loss. The
300300 17 exemption for "computer geographic systems" provided in
301301 18 this paragraph (i) does not extend to requests made by
302302 19 news media as defined in Section 2 of this Act when the
303303 20 requested information is not otherwise exempt and the only
304304 21 purpose of the request is to access and disseminate
305305 22 information regarding the health, safety, welfare, or
306306 23 legal rights of the general public.
307307 24 (j) The following information pertaining to
308308 25 educational matters:
309309 26 (i) test questions, scoring keys, and other
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320320 1 examination data used to administer an academic
321321 2 examination;
322322 3 (ii) information received by a primary or
323323 4 secondary school, college, or university under its
324324 5 procedures for the evaluation of faculty members by
325325 6 their academic peers;
326326 7 (iii) information concerning a school or
327327 8 university's adjudication of student disciplinary
328328 9 cases, but only to the extent that disclosure would
329329 10 unavoidably reveal the identity of the student; and
330330 11 (iv) course materials or research materials used
331331 12 by faculty members.
332332 13 (k) Architects' plans, engineers' technical
333333 14 submissions, and other construction related technical
334334 15 documents for projects not constructed or developed in
335335 16 whole or in part with public funds and the same for
336336 17 projects constructed or developed with public funds,
337337 18 including, but not limited to, power generating and
338338 19 distribution stations and other transmission and
339339 20 distribution facilities, water treatment facilities,
340340 21 airport facilities, sport stadiums, convention centers,
341341 22 and all government owned, operated, or occupied buildings,
342342 23 but only to the extent that disclosure would compromise
343343 24 security.
344344 25 (l) Minutes of meetings of public bodies closed to the
345345 26 public as provided in the Open Meetings Act until the
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356356 1 public body makes the minutes available to the public
357357 2 under Section 2.06 of the Open Meetings Act.
358358 3 (m) Communications between a public body and an
359359 4 attorney or auditor representing the public body that
360360 5 would not be subject to discovery in litigation, and
361361 6 materials prepared or compiled by or for a public body in
362362 7 anticipation of a criminal, civil, or administrative
363363 8 proceeding upon the request of an attorney advising the
364364 9 public body, and materials prepared or compiled with
365365 10 respect to internal audits of public bodies.
366366 11 (n) Records relating to a public body's adjudication
367367 12 of employee grievances or disciplinary cases; however,
368368 13 this exemption shall not extend to the final outcome of
369369 14 cases in which discipline is imposed.
370370 15 (o) Administrative or technical information associated
371371 16 with automated data processing operations, including, but
372372 17 not limited to, software, operating protocols, computer
373373 18 program abstracts, file layouts, source listings, object
374374 19 modules, load modules, user guides, documentation
375375 20 pertaining to all logical and physical design of
376376 21 computerized systems, employee manuals, and any other
377377 22 information that, if disclosed, would jeopardize the
378378 23 security of the system or its data or the security of
379379 24 materials exempt under this Section.
380380 25 (p) Records relating to collective negotiating matters
381381 26 between public bodies and their employees or
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392392 1 representatives, except that any final contract or
393393 2 agreement shall be subject to inspection and copying.
394394 3 (q) Test questions, scoring keys, and other
395395 4 examination data used to determine the qualifications of
396396 5 an applicant for a license or employment.
397397 6 (r) The records, documents, and information relating
398398 7 to real estate purchase negotiations until those
399399 8 negotiations have been completed or otherwise terminated.
400400 9 With regard to a parcel involved in a pending or actually
401401 10 and reasonably contemplated eminent domain proceeding
402402 11 under the Eminent Domain Act, records, documents, and
403403 12 information relating to that parcel shall be exempt except
404404 13 as may be allowed under discovery rules adopted by the
405405 14 Illinois Supreme Court. The records, documents, and
406406 15 information relating to a real estate sale shall be exempt
407407 16 until a sale is consummated.
408408 17 (s) Any and all proprietary information and records
409409 18 related to the operation of an intergovernmental risk
410410 19 management association or self-insurance pool or jointly
411411 20 self-administered health and accident cooperative or pool.
412412 21 Insurance or self-insurance (including any
413413 22 intergovernmental risk management association or
414414 23 self-insurance pool) claims, loss or risk management
415415 24 information, records, data, advice, or communications.
416416 25 (t) Information contained in or related to
417417 26 examination, operating, or condition reports prepared by,
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428428 1 on behalf of, or for the use of a public body responsible
429429 2 for the regulation or supervision of financial
430430 3 institutions, insurance companies, or pharmacy benefit
431431 4 managers, unless disclosure is otherwise required by State
432432 5 law.
433433 6 (u) Information that would disclose or might lead to
434434 7 the disclosure of secret or confidential information,
435435 8 codes, algorithms, programs, or private keys intended to
436436 9 be used to create electronic signatures under the Uniform
437437 10 Electronic Transactions Act.
438438 11 (v) Vulnerability assessments, security measures, and
439439 12 response policies or plans that are designed to identify,
440440 13 prevent, or respond to potential attacks upon a
441441 14 community's population or systems, facilities, or
442442 15 installations, but only to the extent that disclosure
443443 16 could reasonably be expected to expose the vulnerability
444444 17 or jeopardize the effectiveness of the measures, policies,
445445 18 or plans, or the safety of the personnel who implement
446446 19 them or the public. Information exempt under this item may
447447 20 include such things as details pertaining to the
448448 21 mobilization or deployment of personnel or equipment, to
449449 22 the operation of communication systems or protocols, to
450450 23 cybersecurity vulnerabilities, or to tactical operations.
451451 24 (w) (Blank).
452452 25 (x) Maps and other records regarding the location or
453453 26 security of generation, transmission, distribution,
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464464 1 storage, gathering, treatment, or switching facilities
465465 2 owned by a utility, by a power generator, or by the
466466 3 Illinois Power Agency.
467467 4 (y) Information contained in or related to proposals,
468468 5 bids, or negotiations related to electric power
469469 6 procurement under Section 1-75 of the Illinois Power
470470 7 Agency Act and Section 16-111.5 of the Public Utilities
471471 8 Act that is determined to be confidential and proprietary
472472 9 by the Illinois Power Agency or by the Illinois Commerce
473473 10 Commission.
474474 11 (z) Information about students exempted from
475475 12 disclosure under Section 10-20.38 or 34-18.29 of the
476476 13 School Code, and information about undergraduate students
477477 14 enrolled at an institution of higher education exempted
478478 15 from disclosure under Section 25 of the Illinois Credit
479479 16 Card Marketing Act of 2009.
480480 17 (aa) Information the disclosure of which is exempted
481481 18 under the Viatical Settlements Act of 2009.
482482 19 (bb) Records and information provided to a mortality
483483 20 review team and records maintained by a mortality review
484484 21 team appointed under the Department of Juvenile Justice
485485 22 Mortality Review Team Act.
486486 23 (cc) Information regarding interments, entombments, or
487487 24 inurnments of human remains that are submitted to the
488488 25 Cemetery Oversight Database under the Cemetery Care Act or
489489 26 the Cemetery Oversight Act, whichever is applicable.
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500500 1 (dd) Correspondence and records (i) that may not be
501501 2 disclosed under Section 11-9 of the Illinois Public Aid
502502 3 Code or (ii) that pertain to appeals under Section 11-8 of
503503 4 the Illinois Public Aid Code.
504504 5 (ee) The names, addresses, or other personal
505505 6 information of persons who are minors and are also
506506 7 participants and registrants in programs of park
507507 8 districts, forest preserve districts, conservation
508508 9 districts, recreation agencies, and special recreation
509509 10 associations.
510510 11 (ff) The names, addresses, or other personal
511511 12 information of participants and registrants in programs of
512512 13 park districts, forest preserve districts, conservation
513513 14 districts, recreation agencies, and special recreation
514514 15 associations where such programs are targeted primarily to
515515 16 minors.
516516 17 (gg) Confidential information described in Section
517517 18 1-100 of the Illinois Independent Tax Tribunal Act of
518518 19 2012.
519519 20 (hh) The report submitted to the State Board of
520520 21 Education by the School Security and Standards Task Force
521521 22 under item (8) of subsection (d) of Section 2-3.160 of the
522522 23 School Code and any information contained in that report.
523523 24 (ii) Records requested by persons committed to or
524524 25 detained by the Department of Human Services under the
525525 26 Sexually Violent Persons Commitment Act or committed to
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536536 1 the Department of Corrections under the Sexually Dangerous
537537 2 Persons Act if those materials: (i) are available in the
538538 3 library of the facility where the individual is confined;
539539 4 (ii) include records from staff members' personnel files,
540540 5 staff rosters, or other staffing assignment information;
541541 6 or (iii) are available through an administrative request
542542 7 to the Department of Human Services or the Department of
543543 8 Corrections.
544544 9 (jj) Confidential information described in Section
545545 10 5-535 of the Civil Administrative Code of Illinois.
546546 11 (kk) The public body's credit card numbers, debit card
547547 12 numbers, bank account numbers, Federal Employer
548548 13 Identification Number, security code numbers, passwords,
549549 14 and similar account information, the disclosure of which
550550 15 could result in identity theft or impression or defrauding
551551 16 of a governmental entity or a person.
552552 17 (ll) Records concerning the work of the threat
553553 18 assessment team of a school district, including, but not
554554 19 limited to, any threat assessment procedure under the
555555 20 School Safety Drill Act and any information contained in
556556 21 the procedure.
557557 22 (mm) Information prohibited from being disclosed under
558558 23 subsections (a) and (b) of Section 15 of the Student
559559 24 Confidential Reporting Act.
560560 25 (nn) Proprietary information submitted to the
561561 26 Environmental Protection Agency under the Drug Take-Back
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572572 1 Act.
573573 2 (oo) Records described in subsection (f) of Section
574574 3 3-5-1 of the Unified Code of Corrections.
575575 4 (pp) Any and all information regarding burials,
576576 5 interments, or entombments of human remains as required to
577577 6 be reported to the Department of Natural Resources
578578 7 pursuant either to the Archaeological and Paleontological
579579 8 Resources Protection Act or the Human Remains Protection
580580 9 Act.
581581 10 (qq) Reports described in subsection (e) of Section
582582 11 16-15 of the Abortion Care Clinical Training Program Act.
583583 12 (rr) Information obtained by a certified local health
584584 13 department under the Access to Public Health Data Act.
585585 14 (ss) For a request directed to a public body that is
586586 15 also a HIPAA-covered entity, all information that is
587587 16 protected health information, including demographic
588588 17 information, that may be contained within or extracted
589589 18 from any record held by the public body in compliance with
590590 19 State and federal medical privacy laws and regulations,
591591 20 including, but not limited to, the Health Insurance
592592 21 Portability and Accountability Act and its regulations, 45
593593 22 CFR Parts 160 and 164. As used in this paragraph,
594594 23 "HIPAA-covered entity" has the meaning given to the term
595595 24 "covered entity" in 45 CFR 160.103 and "protected health
596596 25 information" has the meaning given to that term in 45 CFR
597597 26 160.103.
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