Rep. Daniel Didech

Filed: 5/31/2025

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LRB104 07181 SPS 27125 a

1 AMENDMENT TO SENATE BILL 243

2 AMENDMENT NO. ______. Amend Senate Bill 243 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Open Meetings Act is amended by changing

5 Sections 1.05, 2, 2.07, and 7 as follows:

6 (5 ILCS 120/1.05)

7 Sec. 1.05. Training.

8 (a) Every public body shall designate employees, officers,

9 or members to receive training on compliance with this Act.

10 Each public body shall submit a list of designated employees,

11 officers, or members to the Public Access Counselor. Within 6

12 months after January 1, 2010 (the effective date of Public Act

13 96-542), the designated employees, officers, and members must

14 successfully complete an electronic training curriculum,

15 developed and administered by the Public Access Counselor, and

16 thereafter must successfully complete an annual training

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1 program. Thereafter, whenever a public body designates an

2 additional employee, officer, or member to receive this

3 training, that person must successfully complete the

4 electronic training curriculum within 30 days after that

5 designation.

6 (b) Except as otherwise provided in this Section, each

7 elected or appointed member of a public body subject to this

8 Act who is such a member on January 1, 2012 (the effective date

9 of Public Act 97-504) must successfully complete the

10 electronic training curriculum developed and administered by

11 the Public Access Counselor. For these members, the training

12 must be completed within one year after January 1, 2012 (the

13 effective date of Public Act 97-504).

14 Except as otherwise provided in this Section, each elected

15 or appointed member of a public body subject to this Act who

16 becomes such a member after January 1, 2012 (the effective

17 date of Public Act 97-504) shall successfully complete the

18 electronic training curriculum developed and administered by

19 the Public Access Counselor. For these members, the training

20 must be completed not later than the 90th day after the date

21 the member:

22 (1) takes the oath of office, if the member is

23 required to take an oath of office to assume the person's

24 duties as a member of the public body; or

25 (2) otherwise assumes responsibilities as a member of

26 the public body, if the member is not required to take an

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1 oath of office to assume the person's duties as a member of

2 the governmental body.

3 Each member successfully completing the electronic

4 training curriculum shall file a copy of the certificate of

5 completion with the public body.

6 Completing the required training as a member of the public

7 body satisfies the requirements of this Section with regard to

8 the member's service on a committee or subcommittee of the

9 public body and the member's ex officio service on any other

10 public body.

11 The failure of one or more members of a public body to

12 complete the training required by this Section does not affect

13 the validity of an action taken by the public body.

14 An elected or appointed member of a public body subject to

15 this Act who has successfully completed the training required

16 under this subsection (b) and filed a copy of the certificate

17 of completion with the public body is not required to

18 subsequently complete the training required under this

19 subsection (b).

20 (c) An elected school board member may satisfy the

21 training requirements of this Section by participating in a

22 course of training sponsored or conducted by an organization

23 created under Article 23 of the School Code. The course of

24 training shall include, but not be limited to, instruction in:

25 (1) the general background of the legal requirements

26 for open meetings;

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1 (2) the applicability of this Act to public bodies;

2 (3) procedures and requirements regarding quorums,

3 notice, and record-keeping under this Act;

4 (4) procedures and requirements for holding an open

5 meeting and for holding a closed meeting under this Act;

6 and

7 (5) penalties and other consequences for failing to

8 comply with this Act.

9 If an organization created under Article 23 of the School

10 Code provides a course of training under this subsection (c),

11 it must provide a certificate of course completion to each

12 school board member who successfully completes that course of

13 training.

14 (d) A commissioner of a drainage district may satisfy the

15 training requirements of this Section by participating in a

16 course of training sponsored or conducted by an organization

17 that represents the drainage districts created under the

18 Illinois Drainage Code. The course of training shall include,

19 but not be limited to, instruction in:

20 (1) the general background of the legal requirements

21 for open meetings;

22 (2) the applicability of this Act to public bodies;

23 (3) procedures and requirements regarding quorums,

24 notice, and record-keeping under this Act;

25 (4) procedures and requirements for holding an open

26 meeting and for holding a closed meeting under this Act;

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1 and

2 (5) penalties and other consequences for failing to

3 comply with this Act.

4 If an organization that represents the drainage districts

5 created under the Illinois Drainage Code provides a course of

6 training under this subsection (d), it must provide a

7 certificate of course completion to each commissioner who

8 successfully completes that course of training.

9 (e) A director of a soil and water conservation district

10 may satisfy the training requirements of this Section by

11 participating in a course of training sponsored or conducted

12 by an organization that represents soil and water conservation

13 districts created under the Soil and Water Conservation

14 Districts Act. The course of training shall include, but not

15 be limited to, instruction in:

16 (1) the general background of the legal requirements

17 for open meetings;

18 (2) the applicability of this Act to public bodies;

19 (3) procedures and requirements regarding quorums,

20 notice, and record-keeping under this Act;

21 (4) procedures and requirements for holding an open

22 meeting and for holding a closed meeting under this Act;

23 and

24 (5) penalties and other consequences for failing to

25 comply with this Act.

26 If an organization that represents the soil and water

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1 conservation districts created under the Soil and Water

2 Conservation Districts Act provides a course of training under

3 this subsection (e), it must provide a certificate of course

4 completion to each director who successfully completes that

5 course of training.

6 (f) An elected or appointed member of a public body of a

7 park district, forest preserve district, or conservation

8 district may satisfy the training requirements of this Section

9 by participating in a course of training sponsored or

10 conducted by an organization that represents the park

11 districts created in the Park District Code. The course of

12 training shall include, but not be limited to, instruction in:

13 (1) the general background of the legal requirements

14 for open meetings;

15 (2) the applicability of this Act to public bodies;

16 (3) procedures and requirements regarding quorums,

17 notice, and record-keeping under this Act;

18 (4) procedures and requirements for holding an open

19 meeting and for holding a closed meeting under this Act;

20 and

21 (5) penalties and other consequences for failing to

22 comply with this Act.

23 If an organization that represents the park districts

24 created in the Park District Code provides a course of

25 training under this subsection (f), it must provide a

26 certificate of course completion to each elected or appointed

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1 member of a public body who successfully completes that course

2 of training.

3 (g) An elected or appointed member of the board of

4 trustees of a fire protection district may satisfy the

5 training requirements of this Section by participating in a

6 course of training sponsored or conducted by an organization

7 that represents fire protection districts created under the

8 Fire Protection District Act. The course of training shall

9 include, but not be limited to, instruction in:

10 (1) the general background of the legal requirements

11 for open meetings;

12 (2) the applicability of this Act to public bodies;

13 (3) procedures and requirements regarding quorums,

14 notice, and record-keeping under this Act;

15 (4) procedures and requirements for holding an open

16 meeting and for holding a closed meeting under this Act;

17 and

18 (5) penalties and other consequences for failing to

19 comply with this Act.

20 If an organization that represents fire protection

21 districts organized under the Fire Protection District Act

22 provides a course of training under this subsection (g), it

23 must provide a certificate of course completion to each

24 elected or appointed member of a board of trustees who

25 successfully completes that course of training.

26 (h) An elected or appointed member of a public body of a

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1 municipality may satisfy the training requirements of this

2 Section by participating in a course of training sponsored or

3 conducted by an organization that represents municipalities as

4 designated in Section 1-8-1 of the Illinois Municipal Code.

5 The course of training shall include, but not be limited to,

6 instruction in:

7 (1) the general background of the legal requirements

8 for open meetings;

9 (2) the applicability of this Act to public bodies;

10 (3) procedures and requirements regarding quorums,

11 notice, and record-keeping under this Act;

12 (4) procedures and requirements for holding an open

13 meeting and for holding a closed meeting under this Act;

14 and

15 (5) penalties and other consequences for failing to

16 comply with this Act.

17 If an organization that represents municipalities as

18 designated in Section 1-8-1 of the Illinois Municipal Code

19 provides a course of training under this subsection (h), it

20 must provide a certificate of course completion to each

21 elected or appointed member of a public body who successfully

22 completes that course of training.

23 (i) An elected or appointed member of a public body of a

24 township may satisfy the training requirements of this Section

25 by participating in a course of training sponsored or

26 conducted by an organization that represents townships created

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1 under the Township Code. The course of training shall include,

2 but shall not be limited to, instruction in:

3 (1) the general background of the legal requirements

4 for open meetings;

5 (2) the applicability of this Act to public bodies;

6 (3) procedures and requirements regarding quorums,

7 notice, and recordkeeping under this Act;

8 (4) procedures and requirements for holding an open

9 meeting and for holding a closed meeting under this Act;

10 and

11 (5) penalties and other consequences for failing to

12 comply with this Act.

13 If an organization that represents townships created under

14 the Township Code provides a course of training under this

15 subsection, it must provide a certificate of course completion

16 to each elected or appointed member of a public body who

17 successfully completes that course of training.

18 (Source: P.A. 101-233, eff. 1-1-20; 102-558, eff. 8-20-21.)

19 (5 ILCS 120/2) (from Ch. 102, par. 42)

20 Sec. 2. Open meetings.

21 (a) Openness required. All meetings of public bodies shall

22 be open to the public unless excepted in subsection (c) and

23 closed in accordance with Section 2a.

24 (b) Construction of exceptions. The exceptions contained

25 in subsection (c) are in derogation of the requirement that

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1 public bodies meet in the open, and therefore, the exceptions

2 are to be strictly construed, extending only to subjects

3 clearly within their scope. The exceptions authorize but do

4 not require the holding of a closed meeting to discuss a

5 subject included within an enumerated exception.

6 (c) Exceptions. A public body may hold closed meetings to

7 consider the following subjects:

8 (1) The appointment, employment, compensation,

9 discipline, performance, or dismissal of specific

10 employees, specific individuals who serve as independent

11 contractors in a park, recreational, or educational

12 setting, or specific volunteers of the public body or

13 legal counsel for the public body, including hearing

14 testimony on a complaint lodged against an employee, a

15 specific individual who serves as an independent

16 contractor in a park, recreational, or educational

17 setting, or a volunteer of the public body or against

18 legal counsel for the public body to determine its

19 validity. However, a meeting to consider an increase in

20 compensation to a specific employee of a public body that

21 is subject to the Local Government Wage Increase

22 Transparency Act may not be closed and shall be open to the

23 public and posted and held in accordance with this Act.

24 (2) Collective negotiating matters between the public

25 body and its employees or their representatives, or

26 deliberations concerning salary schedules for one or more

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1 classes of employees.

2 (3) The selection of a person to fill a public office,

3 as defined in this Act, including a vacancy in a public

4 office, when the public body is given power to appoint

5 under law or ordinance, or the discipline, performance or

6 removal of the occupant of a public office, when the

7 public body is given power to remove the occupant under

8 law or ordinance.

9 (4) Evidence or testimony presented in open hearing,

10 or in closed hearing where specifically authorized by law,

11 to a quasi-adjudicative body, as defined in this Act,

12 provided that the body prepares and makes available for

13 public inspection a written decision setting forth its

14 determinative reasoning.

15 (4.5) Evidence or testimony presented to a school

16 board regarding denial of admission to school events or

17 property pursuant to Section 24-24 of the School Code,

18 provided that the school board prepares and makes

19 available for public inspection a written decision setting

20 forth its determinative reasoning.

21 (5) The purchase or lease of real property for the use

22 of the public body, including meetings held for the

23 purpose of discussing whether a particular parcel should

24 be acquired.

25 (6) The setting of a price for sale or lease of

26 property owned by the public body.

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1 (7) The sale or purchase of securities, investments,

2 or investment contracts. This exception shall not apply to

3 the investment of assets or income of funds deposited into

4 the Illinois Prepaid Tuition Trust Fund.

5 (8) Security procedures, school building safety and

6 security, and the use of personnel and equipment to

7 respond to an actual, a threatened, or a reasonably

8 potential danger to the safety of employees, students,

9 staff, the public, or public property.

10 (9) Student disciplinary cases.

11 (10) The placement of individual students in special

12 education programs and other matters relating to

13 individual students.

14 (11) Litigation, when an action against, affecting or

15 on behalf of the particular public body has been filed and

16 is pending before a court or administrative tribunal, or

17 when the public body finds that an action is probable or

18 imminent, in which case the basis for the finding shall be

19 recorded and entered into the minutes of the closed

20 meeting.

21 (12) The establishment of reserves or settlement of

22 claims as provided in the Local Governmental and

23 Governmental Employees Tort Immunity Act, if otherwise the

24 disposition of a claim or potential claim might be

25 prejudiced, or the review or discussion of claims, loss or

26 risk management information, records, data, advice or

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1 communications from or with respect to any insurer of the

2 public body or any intergovernmental risk management

3 association or self insurance pool of which the public

4 body is a member.

5 (13) Conciliation of complaints of discrimination in

6 the sale or rental of housing, when closed meetings are

7 authorized by the law or ordinance prescribing fair

8 housing practices and creating a commission or

9 administrative agency for their enforcement.

10 (14) Informant sources, the hiring or assignment of

11 undercover personnel or equipment, or ongoing, prior or

12 future criminal investigations, when discussed by a public

13 body with criminal investigatory responsibilities.

14 (15) Professional ethics or performance when

15 considered by an advisory body appointed to advise a

16 licensing or regulatory agency on matters germane to the

17 advisory body's field of competence.

18 (16) Self evaluation, practices and procedures, or

19 professional ethics, when meeting with a representative of

20 a statewide or regional association of which the public

21 body is a member.

22 (17) The recruitment, credentialing, discipline or

23 formal peer review of physicians or other health care

24 professionals, or for the discussion of matters protected

25 under the federal Patient Safety and Quality Improvement

26 Act of 2005, and the regulations promulgated thereunder,

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1 including 42 C.F.R. Part 3 (73 FR 70732), or the federal

2 Health Insurance Portability and Accountability Act of

3 1996, and the regulations promulgated thereunder,

4 including 45 C.F.R. Parts 160, 162, and 164, by a

5 hospital, or other institution providing medical care,

6 that is operated by the public body.

7 (18) Deliberations for decisions of the Prisoner

8 Review Board.

9 (19) Review or discussion of applications received

10 under the Experimental Organ Transplantation Procedures

11 Act.

12 (20) The classification and discussion of matters

13 classified as confidential or continued confidential by

14 the State Government Suggestion Award Board.

15 (21) Discussion of minutes of meetings lawfully closed

16 under this Act, whether for purposes of approval by the

17 body of the minutes or semi-annual review of the minutes

18 as mandated by Section 2.06.

19 (22) Deliberations for decisions of the State

20 Emergency Medical Services Disciplinary Review Board.

21 (23) The operation by a municipality of a municipal

22 utility or the operation of a municipal power agency or

23 municipal natural gas agency when the discussion involves

24 (i) contracts relating to the purchase, sale, or delivery

25 of electricity or natural gas or (ii) the results or

26 conclusions of load forecast studies.

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1 (24) Meetings of a residential health care facility

2 resident sexual assault and death review team or the

3 Executive Council under the Abuse Prevention Review Team

4 Act.

5 (25) Meetings of an independent team of experts under

6 Brian's Law.

7 (26) Meetings of a mortality review team appointed

8 under the Department of Juvenile Justice Mortality Review

9 Team Act.

10 (27) (Blank).

11 (28) 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 (29) Meetings between internal or external auditors

16 and governmental audit committees, finance committees, and

17 their equivalents, when the discussion involves internal

18 control weaknesses, identification of potential fraud risk

19 areas, known or suspected frauds, and fraud interviews

20 conducted in accordance with generally accepted auditing

21 standards of the United States of America.

22 (30) (Blank).

23 (31) Meetings and deliberations for decisions of the

24 Concealed Carry Licensing Review Board under the Firearm

25 Concealed Carry Act.

26 (32) Meetings between the Regional Transportation

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1 Authority Board and its Service Boards when the discussion

2 involves review by the Regional Transportation Authority

3 Board of employment contracts under Section 28d of the

4 Metropolitan Transit Authority Act and Sections 3A.18 and

5 3B.26 of the Regional Transportation Authority Act.

6 (33) Those meetings or portions of meetings of the

7 advisory committee and peer review subcommittee created

8 under Section 320 of the Illinois Controlled Substances

9 Act during which specific controlled substance prescriber,

10 dispenser, or patient information is discussed.

11 (34) Meetings of the Tax Increment Financing Reform

12 Task Force under Section 2505-800 of the Department of

13 Revenue Law of the Civil Administrative Code of Illinois.

14 (35) Meetings of the group established to discuss

15 Medicaid capitation rates under Section 5-30.8 of the

16 Illinois Public Aid Code.

17 (36) Those deliberations or portions of deliberations

18 for decisions of the Illinois Gaming Board in which there

19 is discussed any of the following: (i) personal,

20 commercial, financial, or other information obtained from

21 any source that is privileged, proprietary, confidential,

22 or a trade secret; or (ii) information specifically

23 exempted from the disclosure by federal or State law.

24 (37) Deliberations for decisions of the Illinois Law

25 Enforcement Training Standards Board, the Certification

26 Review Panel, and the Illinois State Police Merit Board

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1 regarding certification and decertification.

2 (38) Meetings of the Ad Hoc Statewide Domestic

3 Violence Fatality Review Committee of the Illinois

4 Criminal Justice Information Authority Board that occur in

5 closed executive session under subsection (d) of Section

6 35 of the Domestic Violence Fatality Review Act.

7 (39) Meetings of the regional review teams under

8 subsection (a) of Section 75 of the Domestic Violence

9 Fatality Review Act.

10 (40) Meetings of the Firearm Owner's Identification

11 Card Review Board under Section 10 of the Firearm Owners

12 Identification Card Act.

13 (d) Definitions. For purposes of this Section:

14 "Employee" means a person employed by a public body whose

15 relationship with the public body constitutes an

16 employer-employee relationship under the usual common law

17 rules, and who is not an independent contractor.

18 "Public office" means a position created by or under the

19 Constitution or laws of this State, the occupant of which is

20 charged with the exercise of some portion of the sovereign

21 power of this State. The term "public office" shall include

22 members of the public body, but it shall not include

23 organizational positions filled by members thereof, whether

24 established by law or by a public body itself, that exist to

25 assist the body in the conduct of its business.

26 "Quasi-adjudicative body" means an administrative body

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1 charged by law or ordinance with the responsibility to conduct

2 hearings, receive evidence or testimony and make

3 determinations based thereon, but does not include local

4 electoral boards when such bodies are considering petition

5 challenges.

6 (e) Final action. No final action may be taken at a closed

7 meeting. Final action shall be preceded by a public recital of

8 the nature of the matter being considered and other

9 information that will inform the public of the business being

10 conducted.

11 (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;

12 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.

13 7-28-23; 103-626, eff. 1-1-25.)

14 (5 ILCS 120/2.07 new)

15 Sec. 2.07. Meetings on election days; prohibited.

16 (a) A public body may not hold or schedule a regular or

17 special meeting on the day of a general primary election, a

18 general election, a consolidated primary election, or a

19 consolidated election, as defined in the Election Code.

20 (b) A home rule unit may not hold or schedule meetings in a

21 manner inconsistent with this Act. This Section is a denial

22 and limitation of home rule powers and functions in accordance

23 with subsection (i) of Section 6 of Article VII of the Illinois

24 Constitution.

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1 (5 ILCS 120/7)

2 Sec. 7. Attendance by a means other than physical

3 presence.

4 (a) If a quorum of the members of the public body is

5 physically present as required by Section 2.01, a majority of

6 the public body may allow a member of that body to attend the

7 meeting by other means if the member is prevented from

8 physically attending because of: (i) personal illness or

9 disability; (ii) employment purposes or the business of the

10 public body; (iii) a family or other emergency; ~~or~~ (iv)

11 unexpected childcare obligations; or (v) performance of active

12 military duty as a service member. "Other means" is by video or

13 audio conference. As used in this subsection:

14 "Active military duty" has the meaning given to "active

15 service" in Section 1-10 of the Service Member Employment and

16 Reemployment Rights Act.

17 "Service member" means a resident of Illinois who is a

18 member of any component of the U.S. Armed Forces or the

19 National Guard of any state, the District of Columbia, a

20 commonwealth, or a territory of the United States.

21 (b) If a member wishes to attend a meeting by other means,

22 the member must notify the recording secretary or clerk of the

23 public body before the meeting unless advance notice is

24 impractical.

25 (c) A majority of the public body may allow a member to

26 attend a meeting by other means only in accordance with and to

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1 the extent allowed by rules adopted by the public body. The

2 rules must conform to the requirements and restrictions of

3 this Section, may further limit the extent to which attendance

4 by other means is allowed, and may provide for the giving of

5 additional notice to the public or further facilitate public

6 access to meetings.

7 (d) The limitations of this Section shall not apply to (i)

8 closed meetings of (A) public bodies with statewide

9 jurisdiction, (B) Illinois library systems with jurisdiction

10 over a specific geographic area of more than 4,500 square

11 miles, (C) municipal transit districts with jurisdiction over

12 a specific geographic area of more than 4,500 square miles, or

13 (D) local workforce innovation areas with jurisdiction over a

14 specific geographic area of more than 4,500 square miles or

15 (ii) open or closed meetings of State advisory boards or

16 bodies that do not have authority to make binding

17 recommendations or determinations or to take any other

18 substantive action. State advisory boards or bodies, public

19 bodies with statewide jurisdiction, Illinois library systems

20 with jurisdiction over a specific geographic area of more than

21 4,500 square miles, municipal transit districts with

22 jurisdiction over a specific geographic area of more than

23 4,500 square miles, and local workforce investment areas with

24 jurisdiction over a specific geographic area of more than

25 4,500 square miles, however, may permit members to attend

26 meetings by other means only in accordance with and to the

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1 extent allowed by specific procedural rules adopted by the

2 body. For the purposes of this Section, "local workforce

3 innovation area" means any local workforce innovation area or

4 areas designated by the Governor pursuant to the federal

5 Workforce Innovation and Opportunity Act or its reauthorizing

6 legislation.

7 (e) Subject to the requirements of Section 2.06 but

8 notwithstanding any other provision of law, an open or closed

9 meeting subject to this Act may be conducted by audio or video

10 conference, without the physical presence of a quorum of the

11 members, so long as the following conditions are met:

12 (1) the Governor or the Director of the Illinois

13 Department of Public Health has issued a disaster

14 declaration related to public health concerns because of a

15 disaster as defined in Section 4 of the Illinois Emergency

16 Management Agency Act, and all or part of the jurisdiction

17 of the public body is covered by the disaster area;

18 (2) the head of the public body as defined in

19 subsection (e) of Section 2 of the Freedom of Information

20 Act determines that an in-person meeting or a meeting

21 conducted under this Act is not practical or prudent

22 because of a disaster;

23 (3) all members of the body participating in the

24 meeting, wherever their physical location, shall be

25 verified and can hear one another and can hear all

26 discussion and testimony;

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1 (4) for open meetings, members of the public present

2 at the regular meeting location of the body can hear all

3 discussion and testimony and all votes of the members of

4 the body, unless attendance at the regular meeting

5 location is not feasible due to the disaster, including

6 the issued disaster declaration, in which case the public

7 body must make alternative arrangements and provide notice

8 pursuant to this Section of such alternative arrangements

9 in a manner to allow any interested member of the public

10 access to contemporaneously hear all discussion,

11 testimony, and roll call votes, such as by offering a

12 telephone number or a web-based link;

13 (5) at least one member of the body, chief legal

14 counsel, or chief administrative officer is physically

15 present at the regular meeting location, unless unfeasible

16 due to the disaster, including the issued disaster

17 declaration; and

18 (6) all votes are conducted by roll call, so each

19 member's vote on each issue can be identified and

20 recorded.

21 (7) Except in the event of a bona fide emergency, 48

22 hours' notice shall be given of a meeting to be held

23 pursuant to this Section. Notice shall be given to all

24 members of the public body, shall be posted on the website

25 of the public body, and shall also be provided to any news

26 media who has requested notice of meetings pursuant to

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1 subsection (a) of Section 2.02 of this Act. If the public

2 body declares a bona fide emergency:

3 (A) Notice shall be given pursuant to subsection

4 (a) of Section 2.02 of this Act, and the presiding

5 officer shall state the nature of the emergency at the

6 beginning of the meeting.

7 (B) The public body must comply with the verbatim

8 recording requirements set forth in Section 2.06 of

9 this Act.

10 (8) Each member of the body participating in a meeting

11 by audio or video conference for a meeting held pursuant

12 to this Section is considered present at the meeting for

13 purposes of determining a quorum and participating in all

14 proceedings.

15 (9) In addition to the requirements for open meetings

16 under Section 2.06, public bodies holding open meetings

17 under this subsection (e) must also keep a verbatim record

18 of all their meetings in the form of an audio or video

19 recording. Verbatim records made under this paragraph (9)

20 shall be made available to the public under, and are

21 otherwise subject to, the provisions of Section 2.06.

22 (10) The public body shall bear all costs associated

23 with compliance with this subsection (e).

24 (Source: P.A. 103-311, eff. 7-28-23.)

25 Section 10. The Freedom of Information Act is amended by

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1 changing Sections 2, 3, 4, 7, and 9.5 as follows:

2 (5 ILCS 140/2) (from Ch. 116, par. 202)

3 Sec. 2. Definitions. As used in this Act:

4 (a) "Public body" means all legislative, executive,

5 administrative, or advisory bodies of the State, state

6 universities and colleges, counties, townships, cities,

7 villages, incorporated towns, school districts and all other

8 municipal corporations, boards, bureaus, committees, or

9 commissions of this State, any subsidiary bodies of any of the

10 foregoing including but not limited to committees and

11 subcommittees thereof, and a School Finance Authority created

12 under Article 1E of the School Code. "Public body" does not

13 include a child death review team or the Illinois Child Death

14 Review Teams Executive Council established under the Child

15 Death Review Team Act, or a regional youth advisory board or

16 the Statewide Youth Advisory Board established under the

17 Department of Children and Family Services Statewide Youth

18 Advisory Board Act.

19 (b) "Person" means any individual or any individual acting

20 as an agent of a ~~,~~ corporation, partnership, firm,

21 organization or association, acting individually or as a

22 group.

23 (c) "Public records" means all records, reports, forms,

24 writings, letters, memoranda, books, papers, maps,

25 photographs, microfilms, cards, tapes, recordings, electronic

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1 data processing records, electronic communications, recorded

2 information and all other documentary materials pertaining to

3 the transaction of public business, regardless of physical

4 form or characteristics, having been prepared by or for, or

5 having been or being used by, received by, in the possession

6 of, or under the control of any public body. "Public records"

7 does not include junk mail.

8 (c-5) "Private information" means unique identifiers,

9 including a person's social security number, driver's license

10 number, employee identification number, biometric identifiers,

11 personal financial information, passwords or other access

12 codes, medical records, home or personal telephone numbers,

13 and personal email addresses. Private information also

14 includes home address and personal license plates, except as

15 otherwise provided by law or when compiled without possibility

16 of attribution to any person. For a public body that is a

17 HIPAA-covered entity, "private information" includes

18 electronic medical records and all information, including

19 demographic information, contained within or extracted from an

20 electronic medical records system operated or maintained by

21 the public body in compliance with State and federal medical

22 privacy laws and regulations, including, but not limited to,

23 the Health Insurance Portability and Accountability Act and

24 its regulations, 45 CFR Parts 160 and 164. As used in this

25 subsection, "HIPAA-covered entity" has the meaning given to

26 the term "covered entity" in 45 CFR 160.103.

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1 (c-10) "Commercial purpose" means the use of any part of a

2 public record or records, or information derived from public

3 records, in any form for sale, resale, or solicitation or

4 advertisement for sales or services. For purposes of this

5 definition, requests made by news media and non-profit,

6 scientific, or academic organizations shall not be considered

7 to be made for a "commercial purpose" when the principal

8 purpose of the request is (i) to access and disseminate

9 information concerning news and current or passing events,

10 (ii) for articles of opinion or features of interest to the

11 public, or (iii) for the purpose of academic, scientific, or

12 public research or education.

13 (d) "Copying" means the reproduction of any public record

14 by means of any photographic, electronic, mechanical or other

15 process, device or means now known or hereafter developed and

16 available to the public body.

17 (e) "Head of the public body" means the president, mayor,

18 chairman, presiding officer, director, superintendent,

19 manager, supervisor or individual otherwise holding primary

20 executive and administrative authority for the public body, or

21 such person's duly authorized designee.

22 (f) "News media" means a newspaper or other periodical

23 issued at regular intervals whether in print or electronic

24 format, a news service whether in print or electronic format,

25 a radio station, a television station, a television network, a

26 community antenna television service, or a person or

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1 corporation engaged in making news reels or other motion

2 picture news for public showing.

3 (g) "Recurrent requester", as used in Section 3.2 of this

4 Act, means a person that, in the 12 months immediately

5 preceding the request, has submitted to the same public body

6 (i) a minimum of 50 requests for records, (ii) a minimum of 15

7 requests for records within a 30-day period, or (iii) a

8 minimum of 7 requests for records within a 7-day period. For

9 purposes of this definition, requests made by news media and

10 non-profit, scientific, or academic organizations shall not be

11 considered in calculating the number of requests made in the

12 time periods in this definition when the principal purpose of

13 the requests is (i) to access and disseminate information

14 concerning news and current or passing events, (ii) for

15 articles of opinion or features of interest to the public, or

16 (iii) for the purpose of academic, scientific, or public

17 research or education.

18 For the purposes of this subsection (g), "request" means a

19 written document (or oral request, if the public body chooses

20 to honor oral requests) that is submitted to a public body via

21 personal delivery, mail, telefax, electronic mail, or other

22 means available to the public body and that identifies the

23 particular public record the requester seeks. One request may

24 identify multiple records to be inspected or copied.

25 (h) "Voluminous request" means a request that: (i)

26 includes more than 5 individual requests for more than 5

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1 different categories of records or a combination of individual

2 requests that total requests for more than 5 different

3 categories of records in a period of 20 business days; or (ii)

4 requires the compilation of more than 500 letter or

5 legal-sized pages of public records unless a single requested

6 record exceeds 500 pages. "Single requested record" may

7 include, but is not limited to, one report, form, e-mail,

8 letter, memorandum, book, map, microfilm, tape, or recording.

9 "Voluminous request" does not include a request made by

10 news media and non-profit, scientific, or academic

11 organizations if the principal purpose of the request is: (1)

12 to access and disseminate information concerning news and

13 current or passing events; (2) for articles of opinion or

14 features of interest to the public; or (3) for the purpose of

15 academic, scientific, or public research or education.

16 For the purposes of this subsection (h), "request" means a

17 written document, or oral request, if the public body chooses

18 to honor oral requests, that is submitted to a public body via

19 personal delivery, mail, telefax, electronic mail, or other

20 means available to the public body and that identifies the

21 particular public record or records the requester seeks. One

22 request may identify multiple individual records to be

23 inspected or copied.

24 (i) "Severance agreement" means a mutual agreement between

25 any public body and its employee for the employee's

26 resignation in exchange for payment by the public body.

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1 (j) "Junk mail" means (i) any unsolicited commercial mail

2 sent to a public body and not responded to by an official,

3 employee, or agent of the public body or (ii) any unsolicited

4 commercial electronic communication sent to a public body and

5 not responded to by an official, employee, or agent of the

6 public body.

7 (Source: P.A. 103-554, eff. 1-1-24.)

8 (5 ILCS 140/3) (from Ch. 116, par. 203)

9 Sec. 3. (a) Each public body shall make available to any

10 person for inspection or copying all public records, except as

11 otherwise provided in Sections 7 and 8.5 of this Act.

12 Notwithstanding any other law, a public body may not grant to

13 any person or entity, whether by contract, license, or

14 otherwise, the exclusive right to access and disseminate any

15 public record as defined in this Act.

16 (b) Subject to the fee provisions of Section 6 of this Act,

17 each public body shall promptly provide, to any person who

18 submits a request, a copy of any public record required to be

19 disclosed by subsection (a) of this Section and shall certify

20 such copy if so requested.

21 (c) Requests for inspection or copies shall be made in

22 writing and directed to the public body. Written requests may

23 be submitted to a public body via personal delivery, mail,

24 telefax, or other means available to the public body.

25 Electronic requests under this Section must appear in their

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1 entirety within the body of the electronic submission. As a

2 cybersecurity measure, no public body shall be required to

3 open electronically attached files or hyperlinks to view or

4 access details of a request. A public body that receives a

5 request that would require the public body to open hyperlinks

6 or attached files shall, within 5 business days, notify the

7 requester of the requirement that the entirety of an

8 electronic request must appear within the body of the

9 electronic submission. A public body may honor oral requests

10 for inspection or copying. A public body may not require that a

11 request be submitted on a standard form or require the

12 requester to specify the purpose for a request, except to

13 determine whether the records are requested for a commercial

14 purpose or whether to grant a request for a fee waiver. All

15 requests for inspection and copying received by a public body

16 shall immediately be forwarded to its Freedom of Information

17 officer or designee.

18 (d) Each public body shall, promptly, either comply with

19 or deny a request for public records within 5 business days

20 after its receipt of the request, unless the time for response

21 is properly extended under subsection (e) of this Section.

22 Denial shall be in writing as provided in Section 9 of this

23 Act. Failure to comply with a written request, extend the time

24 for response, or deny a request within 5 business days after

25 its receipt shall be considered a denial of the request. A

26 public body that fails to respond to a request within the

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1 requisite periods in this Section but thereafter provides the

2 requester with copies of the requested public records may not

3 impose a fee for such copies. A public body that fails to

4 respond to a request received may not treat the request as

5 unduly burdensome under subsection (g).

6 (e) The time for response under this Section may be

7 extended by the public body for not more than 5 business days

8 from the original due date for any of the following reasons:

9 (i) the requested records are stored in whole or in

10 part at other locations than the office having charge of

11 the requested records;

12 (ii) the request requires the collection of a

13 substantial number of specified records;

14 (iii) the request is couched in categorical terms and

15 requires an extensive search for the records responsive to

16 it;

17 (iv) the requested records have not been located in

18 the course of routine search and additional efforts are

19 being made to locate them;

20 (v) the requested records require examination and

21 evaluation by personnel having the necessary competence

22 and discretion to determine if they are exempt from

23 disclosure under Section 7 of this Act or should be

24 revealed only with appropriate deletions;

25 (vi) the request for records cannot be complied with

26 by the public body within the time limits prescribed by

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1 subsection (d) of this Section without unduly burdening or

2 interfering with the operations of the public body;

3 (vii) there is a need for consultation, which shall be

4 conducted with all practicable speed, with another public

5 body or among 2 or more components of a public body having

6 a substantial interest in the determination or in the

7 subject matter of the request.

8 The person making a request and the public body may agree

9 in writing to extend the time for compliance for a period to be

10 determined by the parties. If the requester and the public

11 body agree to extend the period for compliance, a failure by

12 the public body to comply with any previous deadlines shall

13 not be treated as a denial of the request for the records.

14 (f) When additional time is required for any of the above

15 reasons, the public body shall, within 5 business days after

16 receipt of the request, notify the person making the request

17 of the reasons for the extension and the date by which the

18 response will be forthcoming. Failure to respond within the

19 time permitted for extension shall be considered a denial of

20 the request. A public body that fails to respond to a request

21 within the time permitted for extension but thereafter

22 provides the requester with copies of the requested public

23 records may not impose a fee for those copies. A public body

24 that requests an extension and subsequently fails to respond

25 to the request may not treat the request as unduly burdensome

26 under subsection (g).

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1 (g) Requests calling for all records falling within a

2 category shall be complied with unless compliance with the

3 request would be unduly burdensome for the complying public

4 body and there is no way to narrow the request and the burden

5 on the public body outweighs the public interest in the

6 information. Before invoking this exemption, the public body

7 shall extend to the person making the request an opportunity

8 to confer with it in an attempt to reduce the request to

9 manageable proportions. If any public body responds to a

10 categorical request by stating that compliance would unduly

11 burden its operation and the conditions described above are

12 met, it shall do so in writing, specifying the reasons why it

13 would be unduly burdensome and the extent to which compliance

14 will so burden the operations of the public body. Such a

15 response shall be treated as a denial of the request for

16 information.

17 Repeated requests from the same person for the same

18 records that are unchanged or identical to records previously

19 provided or properly denied under this Act shall be deemed

20 unduly burdensome under this provision.

21 (h) Each public body may promulgate rules and regulations

22 in conformity with the provisions of this Section pertaining

23 to the availability of records and procedures to be followed,

24 including:

25 (i) the times and places where such records will be

26 made available, and

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1 (ii) the persons from whom such records may be

2 obtained.

3 (i) The time periods for compliance or denial of a request

4 to inspect or copy records set out in this Section shall not

5 apply to requests for records made for a commercial purpose,

6 requests by a recurrent requester, or voluminous requests.

7 Such requests shall be subject to the provisions of Sections

8 3.1, 3.2, and 3.6 of this Act, as applicable.

9 (j) Within 5 business days after its receipt of the

10 request, a public body that has a reasonable belief that a

11 request was not submitted by a person may require the

12 requester to verify orally or in writing that the requester is

13 a person. The deadline for the public body to respond to the

14 request shall be tolled until the requester verifies that he

15 or she is a person. If the requester fails to verify that he or

16 she is a person within 30 days after the public body requests

17 such a verification, then the public body may deny the

18 request. For purposes of this subsection (j), a public body

19 may not require the requester to submit personal information,

20 private information, or identifying information to verify that

21 the requester is a person.

22 (Source: P.A. 101-81, eff. 7-12-19.)

23 (5 ILCS 140/4) (from Ch. 116, par. 204)

24 Sec. 4. Each public body shall prominently display on its

25 website ~~at each of its administrative or regional offices~~,

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1 make available for inspection and copying, and send through

2 the mail if requested, each of the following:

3 (a) A brief description of itself, which will include,

4 but not be limited to, a short summary of its purpose, a

5 block diagram giving its functional subdivisions, the

6 total amount of its operating budget, the number and

7 location of all of its separate offices, the approximate

8 number of full and part-time employees, and the

9 identification and membership of any board, commission,

10 committee, or council which operates in an advisory

11 capacity relative to the operation of the public body, or

12 which exercises control over its policies or procedures,

13 or to which the public body is required to report and be

14 answerable for its operations; and

15 (b) A brief description of the methods whereby the

16 public may request information and public records, a

17 directory designating the Freedom of Information officer

18 or officers, the address where requests for public records

19 should be directed, and any fees allowable under Section 6

20 of this Act.

21 If a ~~A~~ public body does not maintain ~~that maintains~~ a

22 website, it shall also post this information at each of its

23 administrative or regional offices ~~on its website~~.

24 (Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10.)

25 (5 ILCS 140/7)

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1 Sec. 7. Exemptions.

2 (1) When a request is made to inspect or copy a public

3 record that contains information that is exempt from

4 disclosure under this Section, but also contains information

5 that is not exempt from disclosure, the public body may elect

6 to redact the information that is exempt. The public body

7 shall make the remaining information available for inspection

8 and copying. Subject to this requirement, the following shall

9 be exempt from inspection and copying:

10 (a) Information specifically prohibited from

11 disclosure by federal or State law or rules and

12 regulations implementing federal or State law.

13 (b) Private information, unless disclosure is required

14 by another provision of this Act, a State or federal law,

15 or a court order.

16 (b-5) Files, documents, and other data or databases

17 maintained by one or more law enforcement agencies and

18 specifically designed to provide information to one or

19 more law enforcement agencies regarding the physical or

20 mental status of one or more individual subjects.

21 (c) Personal information contained within public

22 records, the disclosure of which would constitute a

23 clearly unwarranted invasion of personal privacy, unless

24 the disclosure is consented to in writing by the

25 individual subjects of the information. "Unwarranted

26 invasion of personal privacy" means the disclosure of

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1 information that is highly personal or objectionable to a

2 reasonable person and in which the subject's right to

3 privacy outweighs any legitimate public interest in

4 obtaining the information. The disclosure of information

5 that bears on the public duties of public employees and

6 officials shall not be considered an invasion of personal

7 privacy.

8 (d) Records in the possession of any public body

9 created in the course of administrative enforcement

10 proceedings, and any law enforcement or correctional

11 agency for law enforcement purposes, but only to the

12 extent that disclosure would:

13 (i) interfere with pending or actually and

14 reasonably contemplated law enforcement proceedings

15 conducted by any law enforcement or correctional

16 agency that is the recipient of the request;

17 (ii) interfere with active administrative

18 enforcement proceedings conducted by the public body

19 that is the recipient of the request;

20 (iii) create a substantial likelihood that a

21 person will be deprived of a fair trial or an impartial

22 hearing;

23 (iv) unavoidably disclose the identity of a

24 confidential source, confidential information

25 furnished only by the confidential source, or persons

26 who file complaints with or provide information to

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1 administrative, investigative, law enforcement, or

2 penal agencies; except that the identities of

3 witnesses to traffic crashes, traffic crash reports,

4 and rescue reports shall be provided by agencies of

5 local government, except when disclosure would

6 interfere with an active criminal investigation

7 conducted by the agency that is the recipient of the

8 request;

9 (v) disclose unique or specialized investigative

10 techniques other than those generally used and known

11 or disclose internal documents of correctional

12 agencies related to detection, observation, or

13 investigation of incidents of crime or misconduct, and

14 disclosure would result in demonstrable harm to the

15 agency or public body that is the recipient of the

16 request;

17 (vi) endanger the life or physical safety of law

18 enforcement personnel or any other person; or

19 (vii) obstruct an ongoing criminal investigation

20 by the agency that is the recipient of the request.

21 (d-5) A law enforcement record created for law

22 enforcement purposes and contained in a shared electronic

23 record management system if the law enforcement agency or

24 criminal justice agency that is the recipient of the

25 request did not create the record, did not participate in

26 or have a role in any of the events which are the subject

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1 of the record, and only has access to the record through

2 the shared electronic record management system. As used in

3 this subsection (d-5), "criminal justice agency" means the

4 Illinois Criminal Justice Information Authority or the

5 Illinois Sentencing Policy Advisory Council.

6 (d-6) Records contained in the Officer Professional

7 Conduct Database under Section 9.2 of the Illinois Police

8 Training Act, except to the extent authorized under that

9 Section. This includes the documents supplied to the

10 Illinois Law Enforcement Training Standards Board from the

11 Illinois State Police and Illinois State Police Merit

12 Board.

13 (d-7) Information gathered or records created from the

14 use of automatic license plate readers in connection with

15 Section 2-130 of the Illinois Vehicle Code.

16 (e) Records that relate to or affect the security of

17 correctional institutions and detention facilities.

18 (e-5) Records requested by persons committed to the

19 Department of Corrections, Department of Human Services

20 Division of Mental Health, or a county jail if those

21 materials are available in the library of the correctional

22 institution or facility or jail where the inmate is

23 confined.

24 (e-6) Records requested by persons committed to the

25 Department of Corrections, Department of Human Services

26 Division of Mental Health, or a county jail if those

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1 materials include records from staff members' personnel

2 files, staff rosters, or other staffing assignment

3 information.

4 (e-7) Records requested by persons committed to the

5 Department of Corrections or Department of Human Services

6 Division of Mental Health if those materials are available

7 through an administrative request to the Department of

8 Corrections or Department of Human Services Division of

9 Mental Health.

10 (e-8) Records requested by a person committed to the

11 Department of Corrections, Department of Human Services

12 Division of Mental Health, or a county jail, the

13 disclosure of which would result in the risk of harm to any

14 person or the risk of an escape from a jail or correctional

15 institution or facility.

16 (e-9) Records requested by a person in a county jail

17 or committed to the Department of Corrections or

18 Department of Human Services Division of Mental Health,

19 containing personal information pertaining to the person's

20 victim or the victim's family, including, but not limited

21 to, a victim's home address, home telephone number, work

22 or school address, work telephone number, social security

23 number, or any other identifying information, except as

24 may be relevant to a requester's current or potential case

25 or claim.

26 (e-10) Law enforcement records of other persons

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1 requested by a person committed to the Department of

2 Corrections, Department of Human Services Division of

3 Mental Health, or a county jail, including, but not

4 limited to, arrest and booking records, mug shots, and

5 crime scene photographs, except as these records may be

6 relevant to the requester's current or potential case or

7 claim.

8 (f) Preliminary drafts, notes, recommendations,

9 memoranda, and other records in which opinions are

10 expressed, or policies or actions are formulated, except

11 that a specific record or relevant portion of a record

12 shall not be exempt when the record is publicly cited and

13 identified by the head of the public body. The exemption

14 provided in this paragraph (f) extends to all those

15 records of officers and agencies of the General Assembly

16 that pertain to the preparation of legislative documents.

17 (g) Trade secrets and commercial or financial

18 information obtained from a person or business where the

19 trade secrets or commercial or financial information are

20 furnished under a claim that they are proprietary,

21 privileged, or confidential, and that disclosure of the

22 trade secrets or commercial or financial information would

23 cause competitive harm to the person or business, and only

24 insofar as the claim directly applies to the records

25 requested.

26 The information included under this exemption includes

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1 all trade secrets and commercial or financial information

2 obtained by a public body, including a public pension

3 fund, from a private equity fund or a privately held

4 company within the investment portfolio of a private

5 equity fund as a result of either investing or evaluating

6 a potential investment of public funds in a private equity

7 fund. The exemption contained in this item does not apply

8 to the aggregate financial performance information of a

9 private equity fund, nor to the identity of the fund's

10 managers or general partners. The exemption contained in

11 this item does not apply to the identity of a privately

12 held company within the investment portfolio of a private

13 equity fund, unless the disclosure of the identity of a

14 privately held company may cause competitive harm.

15 Nothing contained in this paragraph (g) shall be

16 construed to prevent a person or business from consenting

17 to disclosure.

18 (h) Proposals and bids for any contract, grant, or

19 agreement, including information which if it were

20 disclosed would frustrate procurement or give an advantage

21 to any person proposing to enter into a contractor

22 agreement with the body, until an award or final selection

23 is made. Information prepared by or for the body in

24 preparation of a bid solicitation shall be exempt until an

25 award or final selection is made.

26 (i) Valuable formulae, computer geographic systems,

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1 designs, drawings, and research data obtained or produced

2 by any public body when disclosure could reasonably be

3 expected to produce private gain or public loss. The

4 exemption for "computer geographic systems" provided in

5 this paragraph (i) does not extend to requests made by

6 news media as defined in Section 2 of this Act when the

7 requested information is not otherwise exempt and the only

8 purpose of the request is to access and disseminate

9 information regarding the health, safety, welfare, or

10 legal rights of the general public.

11 (j) The following information pertaining to

12 educational matters:

13 (i) test questions, scoring keys, and other

14 examination data used to administer an academic

15 examination;

16 (ii) information received by a primary or

17 secondary school, college, or university under its

18 procedures for the evaluation of faculty members by

19 their academic peers;

20 (iii) information concerning a school or

21 university's adjudication of student disciplinary

22 cases, but only to the extent that disclosure would

23 unavoidably reveal the identity of the student; and

24 (iv) course materials or research materials used

25 by faculty members.

26 (k) Architects' plans, engineers' technical

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1 submissions, and other construction related technical

2 documents for projects not constructed or developed in

3 whole or in part with public funds and the same for

4 projects constructed or developed with public funds,

5 including, but not limited to, power generating and

6 distribution stations and other transmission and

7 distribution facilities, water treatment facilities,

8 airport facilities, sport stadiums, convention centers,

9 and all government owned, operated, or occupied buildings,

10 but only to the extent that disclosure would compromise

11 security.

12 (l) Minutes of meetings of public bodies closed to the

13 public as provided in the Open Meetings Act until the

14 public body makes the minutes available to the public

15 under Section 2.06 of the Open Meetings Act.

16 (m) Communications between a public body and an

17 attorney or auditor representing the public body that

18 would not be subject to discovery in litigation, and

19 materials prepared or compiled by or for a public body in

20 anticipation of a criminal, civil, or administrative

21 proceeding upon the request of an attorney advising the

22 public body, and materials prepared or compiled with

23 respect to internal audits of public bodies.

24 (n) Records relating to a public body's adjudication

25 of employee grievances or disciplinary cases; however,

26 this exemption shall not extend to the final outcome of

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1 cases in which discipline is imposed.

2 (o) Administrative or technical information associated

3 with automated data processing operations, including, but

4 not limited to, software, operating protocols, computer

5 program abstracts, file layouts, source listings, object

6 modules, load modules, user guides, documentation

7 pertaining to all logical and physical design of

8 computerized systems, employee manuals, and any other

9 information that, if disclosed, would jeopardize the

10 security of the system or its data or the security of

11 materials exempt under this Section.

12 (p) Records relating to collective negotiating matters

13 between public bodies and their employees or

14 representatives, except that any final contract or

15 agreement shall be subject to inspection and copying.

16 (q) Test questions, scoring keys, and other

17 examination data used to determine the qualifications of

18 an applicant for a license or employment.

19 (r) The records, documents, and information relating

20 to real estate purchase negotiations until those

21 negotiations have been completed or otherwise terminated.

22 With regard to a parcel involved in a pending or actually

23 and reasonably contemplated eminent domain proceeding

24 under the Eminent Domain Act, records, documents, and

25 information relating to that parcel shall be exempt except

26 as may be allowed under discovery rules adopted by the

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1 Illinois Supreme Court. The records, documents, and

2 information relating to a real estate sale shall be exempt

3 until a sale is consummated.

4 (s) Any and all proprietary information and records

5 related to the operation of an intergovernmental risk

6 management association or self-insurance pool or jointly

7 self-administered health and accident cooperative or pool.

8 Insurance or self-insurance (including any

9 intergovernmental risk management association or

10 self-insurance pool) claims, loss or risk management

11 information, records, data, advice, or communications.

12 (t) Information contained in or related to

13 examination, operating, or condition reports prepared by,

14 on behalf of, or for the use of a public body responsible

15 for the regulation or supervision of financial

16 institutions, insurance companies, or pharmacy benefit

17 managers, unless disclosure is otherwise required by State

18 law.

19 (u) Information that would disclose or might lead to

20 the disclosure of secret or confidential information,

21 codes, algorithms, programs, or private keys intended to

22 be used to create electronic signatures under the Uniform

23 Electronic Transactions Act.

24 (v) Vulnerability assessments, security measures, and

25 response policies or plans that are designed to identify,

26 prevent, or respond to potential attacks upon a

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1 community's population or systems, facilities, or

2 installations, but only to the extent that disclosure

3 could reasonably be expected to expose the vulnerability

4 or jeopardize the effectiveness of the measures, policies,

5 or plans, or the safety of the personnel who implement

6 them or the public. Information exempt under this item may

7 include such things as details pertaining to the

8 mobilization or deployment of personnel or equipment, to

9 the operation of communication systems or protocols, to

10 cybersecurity vulnerabilities, or to tactical operations.

11 (w) (Blank).

12 (x) Maps and other records regarding the location or

13 security of generation, transmission, distribution,

14 storage, gathering, treatment, or switching facilities

15 owned by a utility, by a power generator, or by the

16 Illinois Power Agency.

17 (y) Information contained in or related to proposals,

18 bids, or negotiations related to electric power

19 procurement under Section 1-75 of the Illinois Power

20 Agency Act and Section 16-111.5 of the Public Utilities

21 Act that is determined to be confidential and proprietary

22 by the Illinois Power Agency or by the Illinois Commerce

23 Commission.

24 (z) Information about students exempted from

25 disclosure under Section 10-20.38 or 34-18.29 of the

26 School Code, and information about undergraduate students

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1 enrolled at an institution of higher education exempted

2 from disclosure under Section 25 of the Illinois Credit

3 Card Marketing Act of 2009.

4 (aa) Information the disclosure of which is exempted

5 under the Viatical Settlements Act of 2009.

6 (bb) Records and information provided to a mortality

7 review team and records maintained by a mortality review

8 team appointed under the Department of Juvenile Justice

9 Mortality Review Team Act.

10 (cc) Information regarding interments, entombments, or

11 inurnments of human remains that are submitted to the

12 Cemetery Oversight Database under the Cemetery Care Act or

13 the Cemetery Oversight Act, whichever is applicable.

14 (dd) Correspondence and records (i) that may not be

15 disclosed under Section 11-9 of the Illinois Public Aid

16 Code or (ii) that pertain to appeals under Section 11-8 of

17 the Illinois Public Aid Code.

18 (ee) The names, addresses, or other personal

19 information of persons who are minors and are also

20 participants and registrants in programs of park

21 districts, forest preserve districts, conservation

22 districts, recreation agencies, and special recreation

23 associations.

24 (ff) The names, addresses, or other personal

25 information of participants and registrants in programs of

26 park districts, forest preserve districts, conservation

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1 districts, recreation agencies, and special recreation

2 associations where such programs are targeted primarily to

3 minors.

4 (gg) Confidential information described in Section

5 1-100 of the Illinois Independent Tax Tribunal Act of

6 2012.

7 (hh) The report submitted to the State Board of

8 Education by the School Security and Standards Task Force

9 under item (8) of subsection (d) of Section 2-3.160 of the

10 School Code and any information contained in that report.

11 (ii) Records requested by persons committed to or

12 detained by the Department of Human Services under the

13 Sexually Violent Persons Commitment Act or committed to

14 the Department of Corrections under the Sexually Dangerous

15 Persons Act if those materials: (i) are available in the

16 library of the facility where the individual is confined;

17 (ii) include records from staff members' personnel files,

18 staff rosters, or other staffing assignment information;

19 or (iii) are available through an administrative request

20 to the Department of Human Services or the Department of

21 Corrections.

22 (jj) Confidential information described in Section

23 5-535 of the Civil Administrative Code of Illinois.

24 (kk) The public body's credit card numbers, debit card

25 numbers, bank account numbers, Federal Employer

26 Identification Number, security code numbers, passwords,

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1 and similar account information, the disclosure of which

2 could result in identity theft or impression or defrauding

3 of a governmental entity or a person.

4 (ll) Records concerning the work of the threat

5 assessment team of a school district, including, but not

6 limited to, any threat assessment procedure under the

7 School Safety Drill Act and any information contained in

8 the procedure.

9 (mm) Information prohibited from being disclosed under

10 subsections (a) and (b) of Section 15 of the Student

11 Confidential Reporting Act.

12 (nn) Proprietary information submitted to the

13 Environmental Protection Agency under the Drug Take-Back

14 Act.

15 (oo) Records described in subsection (f) of Section

16 3-5-1 of the Unified Code of Corrections.

17 (pp) Any and all information regarding burials,

18 interments, or entombments of human remains as required to

19 be reported to the Department of Natural Resources

20 pursuant either to the Archaeological and Paleontological

21 Resources Protection Act or the Human Remains Protection

22 Act.

23 (qq) Reports described in subsection (e) of Section

24 16-15 of the Abortion Care Clinical Training Program Act.

25 (rr) Information obtained by a certified local health

26 department under the Access to Public Health Data Act.

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1 (ss) For a request directed to a public body that is

2 also a HIPAA-covered entity, all information that is

3 protected health information, including demographic

4 information, that may be contained within or extracted

5 from any record held by the public body in compliance with

6 State and federal medical privacy laws and regulations,

7 including, but not limited to, the Health Insurance

8 Portability and Accountability Act and its regulations, 45

9 CFR Parts 160 and 164. As used in this paragraph,

10 "HIPAA-covered entity" has the meaning given to the term

11 "covered entity" in 45 CFR 160.103 and "protected health

12 information" has the meaning given to that term in 45 CFR

13 160.103.

14 (tt) Proposals or bids submitted by engineering

15 consultants in response to requests for proposal or other

16 competitive bidding requests by the Department of

17 Transportation or the Illinois Toll Highway Authority.

18 (uu) Documents that, pursuant to the State of

19 Illinois' 1987 Agreement with the U.S. Nuclear Regulatory

20 Commission and the corresponding requirement to maintain

21 compatibility with the National Materials Program, have

22 been determined to be security sensitive. These documents

23 include information classified as safeguards,

24 safeguards-modified, and sensitive unclassified

25 nonsafeguards information, as identified in U.S. Nuclear

26 Regulatory Commission regulatory information summaries,

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1 security advisories, and other applicable communications

2 or regulations related to the control and distribution of

3 security sensitive information.

4 (1.5) Any information exempt from disclosure under the

5 Judicial Privacy Act shall be redacted from public records

6 prior to disclosure under this Act.

7 (2) A public record that is not in the possession of a

8 public body but is in the possession of a party with whom the

9 agency has contracted to perform a governmental function on

10 behalf of the public body, and that directly relates to the

11 governmental function and is not otherwise exempt under this

12 Act, shall be considered a public record of the public body,

13 for purposes of this Act.

14 (3) This Section does not authorize withholding of

15 information or limit the availability of records to the

16 public, except as stated in this Section or otherwise provided

17 in this Act.

18 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;

19 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.

20 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,

21 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;

22 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.

23 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,

24 eff. 7-1-24; 103-865, eff. 1-1-25.)

25 (5 ILCS 140/9.5)

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1 Sec. 9.5. Public Access Counselor; opinions.

2 (a) A person whose request to inspect or copy a public

3 record is denied by a public body, except the General Assembly

4 and committees, commissions, and agencies thereof, may file a

5 request for review with the Public Access Counselor

6 established in the Office of the Attorney General not later

7 than 60 days after the date of the final denial. The request

8 for review must be in writing, signed by the requester, and

9 include (i) a copy of the request for access to records and

10 (ii) any responses from the public body.

11 (b) A person whose request to inspect or copy a public

12 record is made for a commercial purpose as defined in

13 subsection (c-10) of Section 2 of this Act may not file a

14 request for review with the Public Access Counselor. A person

15 whose request to inspect or copy a public record was treated by

16 the public body as a request for a commercial purpose under

17 Section 3.1 of this Act may file a request for review with the

18 Public Access Counselor for the limited purpose of reviewing

19 whether the public body properly determined that the request

20 was made for a commercial purpose.

21 (b-5) A person whose request to inspect or copy a public

22 record was treated by a public body, except the General

23 Assembly and committees, commissions, and agencies thereof, as

24 a voluminous request under Section 3.6 of this Act may file a

25 request for review with the Public Access Counselor for the

26 purpose of reviewing whether the public body properly

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1 determined that the request was a voluminous request.

2 (c) Upon receipt of a request for review, the Public

3 Access Counselor shall determine whether further action is

4 warranted. If the Public Access Counselor determines that the

5 alleged violation is unfounded, he or she shall so advise the

6 requester and the public body and no further action shall be

7 undertaken. In all other cases, the Public Access Counselor

8 shall forward a copy of the request for review to the public

9 body within 7 business days after receipt and shall specify

10 the records or other documents that the public body shall

11 furnish to facilitate the review. Within 7 business days after

12 receipt of the request for review, the public body shall

13 provide copies of records requested and shall otherwise fully

14 cooperate with the Public Access Counselor. If a public body

15 fails to furnish specified records pursuant to this Section,

16 or if otherwise necessary, the Attorney General may issue a

17 subpoena to any person or public body having knowledge of or

18 records pertaining to a request for review of a denial of

19 access to records under the Act. Records or documents obtained

20 by the Public Access Counselor from a public body for the

21 purpose of addressing a request for review under this Section

22 may not be disclosed to the public, including the requester,

23 by the Public Access Counselor. These records, while in the

24 possession of the Public Access Counselor, are exempt under

25 this Act from disclosure by the Public Access Counselor.

26 (d) Within 7 business days after it receives a copy of a

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1 request for review and request for production of records from

2 the Public Access Counselor, the public body may, but is not

3 required to, answer the allegations of the request for review.

4 The answer may take the form of a letter, brief, or memorandum.

5 The Public Access Counselor shall forward a copy of the answer

6 to the person submitting the request for review, with any

7 alleged confidential information to which the request pertains

8 redacted from the copy. The requester may, but is not required

9 to, respond in writing to the answer within 7 business days and

10 shall provide a copy of the response to the public body.

11 (e) In addition to the request for review, and the answer

12 and the response thereto, if any, a requester or a public body

13 may furnish affidavits or records concerning any matter

14 germane to the review.

15 (f) Unless the Public Access Counselor extends the time by

16 no more than 30 business days by sending written notice to the

17 requester and the public body that includes a statement of the

18 reasons for the extension in the notice, or decides to address

19 the matter without the issuance of a binding opinion, the

20 Attorney General shall examine the issues and the records,

21 shall make findings of fact and conclusions of law, and shall

22 issue to the requester and the public body an opinion in

23 response to the request for review within 60 days after its

24 receipt. The opinion shall be binding upon both the requester

25 and the public body, subject to administrative review under

26 Section 11.5.

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1 In responding to any request under this Section 9.5, the

2 Attorney General may exercise his or her discretion and choose

3 to resolve a request for review by mediation or by a means

4 other than the issuance of a binding opinion. The decision not

5 to issue a binding opinion shall not be reviewable.

6 Upon receipt of a binding opinion concluding that a

7 violation of this Act has occurred, the public body shall

8 either take necessary action immediately to comply with the

9 directive of the opinion or shall initiate administrative

10 review under Section 11.5. If the opinion concludes that no

11 violation of the Act has occurred, the requester may initiate

12 administrative review under Section 11.5.

13 A public body and any officer or employee of a public body

14 that discloses records in accordance with an opinion of the

15 Attorney General is immune from all liabilities by reason

16 thereof and shall not be liable for penalties under this Act.

17 (g) If the requester files suit under Section 11 with

18 respect to the same denial that is the subject of a pending

19 request for review, the requester shall notify the Public

20 Access Counselor, and the Public Access Counselor shall take

21 no further action with respect to the request for review and

22 shall so notify the public body.

23 (h) The Attorney General may also issue advisory opinions

24 to public bodies regarding compliance with this Act. A review

25 may be initiated upon receipt of a written request from the

26 head of the public body or its attorney, which shall contain

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1 sufficient accurate facts from which a determination can be

2 made. The Public Access Counselor may request additional

3 information from the public body in order to assist in the

4 review. A public body that relies in good faith on an advisory

5 opinion of the Attorney General in responding to a request is

6 not liable for penalties under this Act, so long as the facts

7 upon which the opinion is based have been fully and fairly

8 disclosed to the Public Access Counselor.

9 (Source: P.A. 103-69, eff. 1-1-24.)

10 Section 15. The Local Records Act is amended by changing

11 Section 3 as follows:

12 (50 ILCS 205/3) (from Ch. 116, par. 43.103)

13 Sec. 3. Except where the context indicates otherwise, the

14 terms used in this Act are defined as follows:

15 "Agency" means any court, and all parts, boards,

16 departments, bureaus and commissions of any county, municipal

17 corporation or political subdivision.

18 "Archivist" means the Secretary of State.

19 "Born-digital electronic material" means electronic

20 material created in digital form rather than converted from

21 print or analog form to digital form.

22 "Commission" means a Local Records Commission.

23 "Court" means a court, other than the Supreme Court.

24 "Digitized electronic material" means electronic material

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1 converted from print or analog form to digital form.

2 "Junk mail" means (i) any unsolicited commercial mail sent

3 to a public body and not responded to by an official, employee,

4 or agent of the public body or (ii) any unsolicited commercial

5 electronic communication sent to a public body and not

6 responded to by an official, employee, or agent of the public

7 body.

8 "Officer" means any elected or appointed official of a

9 court, county, municipal corporation or political subdivision.

10 "Public record" means any book, paper, map, photograph,

11 born-digital electronic material, digitized electronic

12 material, electronic material with a combination of digitized

13 and born-digital material, or other official documentary

14 material, regardless of physical form or characteristics,

15 made, produced, executed or received by any agency or officer

16 pursuant to law or in connection with the transaction of

17 public business and preserved or appropriate for preservation

18 by such agency or officer, or any successor thereof, as

19 evidence of the organization, function, policies, decisions,

20 procedures, or other activities thereof, or because of the

21 informational data contained therein. Library and museum

22 material made or acquired and preserved solely for reference

23 or exhibition purposes, extra copies of documents preserved

24 only for convenience of reference, ~~and~~ stocks of publications

25 and of processed documents, and junk mail are not included

26 within the definition of public record. Paper copies of

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1 registration records, as defined in Section 1 of the Library

2 Records Confidentiality Act (75 ILCS 70/1), shall not be

3 considered public records once the information contained in

4 the paper registration records is transferred into a secure

5 electronic format and checked for accuracy.

6 (Source: P.A. 99-147, eff. 1-1-16.)

7 Section 99. Effective date. This Act takes effect January

8 1, 2026.".