SB0243 Enrolled LRB104 07181 BDA 17218 b
1		AN ACT concerning government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The 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
17		program. Thereafter, whenever a public body designates an
18		additional employee, officer, or member to receive this
19		training, that person must successfully complete the
20		electronic training curriculum within 30 days after that
21		designation.
22		(b) Except as otherwise provided in this Section, each
23		elected or appointed member of a public body subject to this

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1		Act who is such a member on January 1, 2012 (the effective date
2		of Public Act 97-504) must successfully complete the
3		electronic training curriculum developed and administered by
4		the Public Access Counselor. For these members, the training
5		must be completed within one year after January 1, 2012 (the
6		effective date of Public Act 97-504).
7		Except as otherwise provided in this Section, each elected
8		or appointed member of a public body subject to this Act who
9		becomes such a member after January 1, 2012 (the effective
10		date of Public Act 97-504) shall successfully complete the
11		electronic training curriculum developed and administered by
12		the Public Access Counselor. For these members, the training
13		must be completed not later than the 90th day after the date
14		the member:
15		(1) takes the oath of office, if the member is
16		required to take an oath of office to assume the person's
17		duties as a member of the public body; or
18		(2) otherwise assumes responsibilities as a member of
19		the public body, if the member is not required to take an
20		oath of office to assume the person's duties as a member of
21		the governmental body.
22		Each member successfully completing the electronic
23		training curriculum shall file a copy of the certificate of
24		completion with the public body.
25		Completing the required training as a member of the public
26		body satisfies the requirements of this Section with regard to

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1		the member's service on a committee or subcommittee of the
2		public body and the member's ex officio service on any other
3		public body.
4		The failure of one or more members of a public body to
5		complete the training required by this Section does not affect
6		the validity of an action taken by the public body.
7		An elected or appointed member of a public body subject to
8		this Act who has successfully completed the training required
9		under this subsection (b) and filed a copy of the certificate
10		of completion with the public body is not required to
11		subsequently complete the training required under this
12		subsection (b).
13		(c) An elected school board member may satisfy the
14		training requirements of this Section by participating in a
15		course of training sponsored or conducted by an organization
16		created under Article 23 of the School Code. The course of
17		training shall include, but not be limited to, instruction in:
18		(1) the general background of the legal requirements
19		for open meetings;
20		(2) the applicability of this Act to public bodies;
21		(3) procedures and requirements regarding quorums,
22		notice, and record-keeping under this Act;
23		(4) procedures and requirements for holding an open
24		meeting and for holding a closed meeting under this Act;
25		and
26		(5) penalties and other consequences for failing to

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1		comply with this Act.
2		If an organization created under Article 23 of the School
3		Code provides a course of training under this subsection (c),
4		it must provide a certificate of course completion to each
5		school board member who successfully completes that course of
6		training.
7		(d) A commissioner of a drainage district may satisfy the
8		training requirements of this Section by participating in a
9		course of training sponsored or conducted by an organization
10		that represents the drainage districts created under the
11		Illinois Drainage Code. The course of training shall include,
12		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 drainage districts
24		created under the Illinois Drainage Code provides a course of
25		training under this subsection (d), it must provide a
26		certificate of course completion to each commissioner who

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1		successfully completes that course of training.
2		(e) A director of a soil and water conservation district
3		may satisfy the training requirements of this Section by
4		participating in a course of training sponsored or conducted
5		by an organization that represents soil and water conservation
6		districts created under the Soil and Water Conservation
7		Districts Act. The course of training shall include, but not
8		be limited to, instruction in:
9		(1) the general background of the legal requirements
10		for open meetings;
11		(2) the applicability of this Act to public bodies;
12		(3) procedures and requirements regarding quorums,
13		notice, and record-keeping under this Act;
14		(4) procedures and requirements for holding an open
15		meeting and for holding a closed meeting under this Act;
16		and
17		(5) penalties and other consequences for failing to
18		comply with this Act.
19		If an organization that represents the soil and water
20		conservation districts created under the Soil and Water
21		Conservation Districts Act provides a course of training under
22		this subsection (e), it must provide a certificate of course
23		completion to each director who successfully completes that
24		course of training.
25		(f) An elected or appointed member of a public body of a
26		park district, forest preserve district, or conservation

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1		district may satisfy the training requirements of this Section
2		by participating in a course of training sponsored or
3		conducted by an organization that represents the park
4		districts created in the Park District Code. The course of
5		training shall include, but not be limited to, instruction in:
6		(1) the general background of the legal requirements
7		for open meetings;
8		(2) the applicability of this Act to public bodies;
9		(3) procedures and requirements regarding quorums,
10		notice, and record-keeping under this Act;
11		(4) procedures and requirements for holding an open
12		meeting and for holding a closed meeting under this Act;
13		and
14		(5) penalties and other consequences for failing to
15		comply with this Act.
16		If an organization that represents the park districts
17		created in the Park District Code provides a course of
18		training under this subsection (f), it must provide a
19		certificate of course completion to each elected or appointed
20		member of a public body who successfully completes that course
21		of training.
22		(g) An elected or appointed member of the board of
23		trustees of a fire protection district may satisfy the
24		training requirements of this Section by participating in a
25		course of training sponsored or conducted by an organization
26		that represents fire protection districts created under the

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1		Fire Protection District Act. The course of training shall
2		include, but 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 record-keeping 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 fire protection
14		districts organized under the Fire Protection District Act
15		provides a course of training under this subsection (g), it
16		must provide a certificate of course completion to each
17		elected or appointed member of a board of trustees who
18		successfully completes that course of training.
19		(h) An elected or appointed member of a public body of a
20		municipality may satisfy the training requirements of this
21		Section by participating in a course of training sponsored or
22		conducted by an organization that represents municipalities as
23		designated in Section 1-8-1 of the Illinois Municipal Code.
24		The course of training shall include, but not be limited to,
25		instruction in:
26		(1) the general background of the legal requirements

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1		for open meetings;
2		(2) the applicability of this Act to public bodies;
3		(3) procedures and requirements regarding quorums,
4		notice, and record-keeping under this Act;
5		(4) procedures and requirements for holding an open
6		meeting and for holding a closed meeting under this Act;
7		and
8		(5) penalties and other consequences for failing to
9		comply with this Act.
10		If an organization that represents municipalities as
11		designated in Section 1-8-1 of the Illinois Municipal Code
12		provides a course of training under this subsection (h), it
13		must provide a certificate of course completion to each
14		elected or appointed member of a public body who successfully
15		completes that course of training.
16		(i) An elected or appointed member of a public body of a
17		township may satisfy the training requirements of this Section
18		by participating in a course of training sponsored or
19		conducted by an organization that represents townships created
20		under the Township Code. The course of training shall include,
21		but shall not be limited to, instruction in:
22		(1) the general background of the legal requirements
23		for open meetings;
24		(2) the applicability of this Act to public bodies;
25		(3) procedures and requirements regarding quorums,
26		notice, and recordkeeping under this Act;

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1		(4) procedures and requirements for holding an open
2		meeting and for holding a closed meeting under this Act;
3		and
4		(5) penalties and other consequences for failing to
5		comply with this Act.
6		If an organization that represents townships created under
7		the Township Code provides a course of training under this
8		subsection, it must provide a certificate of course completion
9		to each elected or appointed member of a public body who
10		successfully completes that course of training.
11		(Source: P.A. 101-233, eff. 1-1-20; 102-558, eff. 8-20-21.)
12		(5 ILCS 120/2)  (from Ch. 102, par. 42)
13		Sec. 2. Open meetings.
14		(a) Openness required. All meetings of public bodies shall
15		be open to the public unless excepted in subsection (c) and
16		closed in accordance with Section 2a.
17		(b) Construction of exceptions. The exceptions contained
18		in subsection (c) are in derogation of the requirement that
19		public bodies meet in the open, and therefore, the exceptions
20		are to be strictly construed, extending only to subjects
21		clearly within their scope. The exceptions authorize but do
22		not require the holding of a closed meeting to discuss a
23		subject included within an enumerated exception.
24		(c) Exceptions. A public body may hold closed meetings to
25		consider the following subjects:

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1		(1) The appointment, employment, compensation,
2		discipline, performance, or dismissal of specific
3		employees, specific individuals who serve as independent
4		contractors in a park, recreational, or educational
5		setting, or specific volunteers of the public body or
6		legal counsel for the public body, including hearing
7		testimony on a complaint lodged against an employee, a
8		specific individual who serves as an independent
9		contractor in a park, recreational, or educational
10		setting, or a volunteer of the public body or against
11		legal counsel for the public body to determine its
12		validity. However, a meeting to consider an increase in
13		compensation to a specific employee of a public body that
14		is subject to the Local Government Wage Increase
15		Transparency Act may not be closed and shall be open to the
16		public and posted and held in accordance with this Act.
17		(2) Collective negotiating matters between the public
18		body and its employees or their representatives, or
19		deliberations concerning salary schedules for one or more
20		classes of employees.
21		(3) The selection of a person to fill a public office,
22		as defined in this Act, including a vacancy in a public
23		office, when the public body is given power to appoint
24		under law or ordinance, or the discipline, performance or
25		removal of the occupant of a public office, when the
26		public body is given power to remove the occupant under

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1		law or ordinance.
2		(4) Evidence or testimony presented in open hearing,
3		or in closed hearing where specifically authorized by law,
4		to a quasi-adjudicative body, as defined in this Act,
5		provided that the body prepares and makes available for
6		public inspection a written decision setting forth its
7		determinative reasoning.
8		(4.5) Evidence or testimony presented to a school
9		board regarding denial of admission to school events or
10		property pursuant to Section 24-24 of the School Code,
11		provided that the school board prepares and makes
12		available for public inspection a written decision setting
13		forth its determinative reasoning.
14		(5) The purchase or lease of real property for the use
15		of the public body, including meetings held for the
16		purpose of discussing whether a particular parcel should
17		be acquired.
18		(6) The setting of a price for sale or lease of
19		property owned by the public body.
20		(7) The sale or purchase of securities, investments,
21		or investment contracts. This exception shall not apply to
22		the investment of assets or income of funds deposited into
23		the Illinois Prepaid Tuition Trust Fund.
24		(8) Security procedures, school building safety and
25		security, and the use of personnel and equipment to
26		respond to an actual, a threatened, or a reasonably

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1		potential danger to the safety of employees, students,
2		staff, the public, or public property.
3		(9) Student disciplinary cases.
4		(10) The placement of individual students in special
5		education programs and other matters relating to
6		individual students.
7		(11) Litigation, when an action against, affecting or
8		on behalf of the particular public body has been filed and
9		is pending before a court or administrative tribunal, or
10		when the public body finds that an action is probable or
11		imminent, in which case the basis for the finding shall be
12		recorded and entered into the minutes of the closed
13		meeting.
14		(12) The establishment of reserves or settlement of
15		claims as provided in the Local Governmental and
16		Governmental Employees Tort Immunity Act, if otherwise the
17		disposition of a claim or potential claim might be
18		prejudiced, or the review or discussion of claims, loss or
19		risk management information, records, data, advice or
20		communications from or with respect to any insurer of the
21		public body or any intergovernmental risk management
22		association or self insurance pool of which the public
23		body is a member.
24		(13) Conciliation of complaints of discrimination in
25		the sale or rental of housing, when closed meetings are
26		authorized by the law or ordinance prescribing fair

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1		housing practices and creating a commission or
2		administrative agency for their enforcement.
3		(14) Informant sources, the hiring or assignment of
4		undercover personnel or equipment, or ongoing, prior or
5		future criminal investigations, when discussed by a public
6		body with criminal investigatory responsibilities.
7		(15) Professional ethics or performance when
8		considered by an advisory body appointed to advise a
9		licensing or regulatory agency on matters germane to the
10		advisory body's field of competence.
11		(16) Self evaluation, practices and procedures, or
12		professional ethics, when meeting with a representative of
13		a statewide or regional association of which the public
14		body is a member.
15		(17) The recruitment, credentialing, discipline or
16		formal peer review of physicians or other health care
17		professionals, or for the discussion of matters protected
18		under the federal Patient Safety and Quality Improvement
19		Act of 2005, and the regulations promulgated thereunder,
20		including 42 C.F.R. Part 3 (73 FR 70732), or the federal
21		Health Insurance Portability and Accountability Act of
22		1996, and the regulations promulgated thereunder,
23		including 45 C.F.R. Parts 160, 162, and 164, by a
24		hospital, or other institution providing medical care,
25		that is operated by the public body.
26		(18) Deliberations for decisions of the Prisoner

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1		Review Board.
2		(19) Review or discussion of applications received
3		under the Experimental Organ Transplantation Procedures
4		Act.
5		(20) The classification and discussion of matters
6		classified as confidential or continued confidential by
7		the State Government Suggestion Award Board.
8		(21) Discussion of minutes of meetings lawfully closed
9		under this Act, whether for purposes of approval by the
10		body of the minutes or semi-annual review of the minutes
11		as mandated by Section 2.06.
12		(22) Deliberations for decisions of the State
13		Emergency Medical Services Disciplinary Review Board.
14		(23) The operation by a municipality of a municipal
15		utility or the operation of a municipal power agency or
16		municipal natural gas agency when the discussion involves
17		(i) contracts relating to the purchase, sale, or delivery
18		of electricity or natural gas or (ii) the results or
19		conclusions of load forecast studies.
20		(24) Meetings of a residential health care facility
21		resident sexual assault and death review team or the
22		Executive Council under the Abuse Prevention Review Team
23		Act.
24		(25) Meetings of an independent team of experts under
25		Brian's Law.
26		(26) Meetings of a mortality review team appointed

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1		under the Department of Juvenile Justice Mortality Review
2		Team Act.
3		(27) (Blank).
4		(28) Correspondence and records (i) that may not be
5		disclosed under Section 11-9 of the Illinois Public Aid
6		Code or (ii) that pertain to appeals under Section 11-8 of
7		the Illinois Public Aid Code.
8		(29) Meetings between internal or external auditors
9		and governmental audit committees, finance committees, and
10		their equivalents, when the discussion involves internal
11		control weaknesses, identification of potential fraud risk
12		areas, known or suspected frauds, and fraud interviews
13		conducted in accordance with generally accepted auditing
14		standards of the United States of America.
15		(30) (Blank).
16		(31) Meetings and deliberations for decisions of the
17		Concealed Carry Licensing Review Board under the Firearm
18		Concealed Carry Act.
19		(32) Meetings between the Regional Transportation
20		Authority Board and its Service Boards when the discussion
21		involves review by the Regional Transportation Authority
22		Board of employment contracts under Section 28d of the
23		Metropolitan Transit Authority Act and Sections 3A.18 and
24		3B.26 of the Regional Transportation Authority Act.
25		(33) Those meetings or portions of meetings of the
26		advisory committee and peer review subcommittee created

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1		under Section 320 of the Illinois Controlled Substances
2		Act during which specific controlled substance prescriber,
3		dispenser, or patient information is discussed.
4		(34) Meetings of the Tax Increment Financing Reform
5		Task Force under Section 2505-800 of the Department of
6		Revenue Law of the Civil Administrative Code of Illinois.
7		(35) Meetings of the group established to discuss
8		Medicaid capitation rates under Section 5-30.8 of the
9		Illinois Public Aid Code.
10		(36) Those deliberations or portions of deliberations
11		for decisions of the Illinois Gaming Board in which there
12		is discussed any of the following: (i) personal,
13		commercial, financial, or other information obtained from
14		any source that is privileged, proprietary, confidential,
15		or a trade secret; or (ii) information specifically
16		exempted from the disclosure by federal or State law.
17		(37) Deliberations for decisions of the Illinois Law
18		Enforcement Training Standards Board, the Certification
19		Review Panel, and the Illinois State Police Merit Board
20		regarding certification and decertification.
21		(38) Meetings of the Ad Hoc Statewide Domestic
22		Violence Fatality Review Committee of the Illinois
23		Criminal Justice Information Authority Board that occur in
24		closed executive session under subsection (d) of Section
25		35 of the Domestic Violence Fatality Review Act.
26		(39) Meetings of the regional review teams under

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1		subsection (a) of Section 75 of the Domestic Violence
2		Fatality Review Act.
3		(40) Meetings of the Firearm Owner's Identification
4		Card Review Board under Section 10 of the Firearm Owners
5		Identification Card Act.
6		(d) Definitions. For purposes of this Section:
7		"Employee" means a person employed by a public body whose
8		relationship with the public body constitutes an
9		employer-employee relationship under the usual common law
10		rules, and who is not an independent contractor.
11		"Public office" means a position created by or under the
12		Constitution or laws of this State, the occupant of which is
13		charged with the exercise of some portion of the sovereign
14		power of this State. The term "public office" shall include
15		members of the public body, but it shall not include
16		organizational positions filled by members thereof, whether
17		established by law or by a public body itself, that exist to
18		assist the body in the conduct of its business.
19		"Quasi-adjudicative body" means an administrative body
20		charged by law or ordinance with the responsibility to conduct
21		hearings, receive evidence or testimony and make
22		determinations based thereon, but does not include local
23		electoral boards when such bodies are considering petition
24		challenges.
25		(e) Final action. No final action may be taken at a closed
26		meeting. Final action shall be preceded by a public recital of

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1		the nature of the matter being considered and other
2		information that will inform the public of the business being
3		conducted.
4		(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
5		102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
6		7-28-23; 103-626, eff. 1-1-25.)
7		(5 ILCS 120/2.07 new)
8		Sec. 2.07. Meetings on election days; prohibited.
9		(a) A public body may not hold or schedule a regular or
10		special meeting on the day of a general primary election, a
11		general election, a consolidated primary election, or a
12		consolidated election, as defined in the Election Code.
13		(b) A home rule unit may not hold or schedule meetings in a
14		manner inconsistent with this Act. This Section is a denial
15		and limitation of home rule powers and functions in accordance
16		with subsection (i) of Section 6 of Article VII of the Illinois
17		Constitution.
18		(5 ILCS 120/7)
19		Sec. 7. Attendance by a means other than physical
20		presence.
21		(a) If a quorum of the members of the public body is
22		physically present as required by Section 2.01, a majority of
23		the public body may allow a member of that body to attend the
24		meeting by other means if the member is prevented from

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1		physically attending because of: (i) personal illness or
2		disability; (ii) employment purposes or the business of the
3		public body; (iii) a family or other emergency; or (iv)
4		unexpected childcare obligations; or (v) performance of active
5		military duty as a service member. "Other means" is by video or
6		audio conference. As used in this subsection:
7		"Active military duty" has the meaning given to "active
8		service" in Section 1-10 of the Service Member Employment and
9		Reemployment Rights Act.
10		"Service member" means a resident of Illinois who is a
11		member of any component of the U.S. Armed Forces or the
12		National Guard of any state, the District of Columbia, a
13		commonwealth, or a territory of the United States.
14		(b) If a member wishes to attend a meeting by other means,
15		the member must notify the recording secretary or clerk of the
16		public body before the meeting unless advance notice is
17		impractical.
18		(c) A majority of the public body may allow a member to
19		attend a meeting by other means only in accordance with and to
20		the extent allowed by rules adopted by the public body. The
21		rules must conform to the requirements and restrictions of
22		this Section, may further limit the extent to which attendance
23		by other means is allowed, and may provide for the giving of
24		additional notice to the public or further facilitate public
25		access to meetings.
26		(d) The limitations of this Section shall not apply to (i)

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1		closed meetings of (A) public bodies with statewide
2		jurisdiction, (B) Illinois library systems with jurisdiction
3		over a specific geographic area of more than 4,500 square
4		miles, (C) municipal transit districts with jurisdiction over
5		a specific geographic area of more than 4,500 square miles, or
6		(D) local workforce innovation areas with jurisdiction over a
7		specific geographic area of more than 4,500 square miles or
8		(ii) open or closed meetings of State advisory boards or
9		bodies that do not have authority to make binding
10		recommendations or determinations or to take any other
11		substantive action. State advisory boards or bodies, public
12		bodies with statewide jurisdiction, Illinois library systems
13		with jurisdiction over a specific geographic area of more than
14		4,500 square miles, municipal transit districts with
15		jurisdiction over a specific geographic area of more than
16		4,500 square miles, and local workforce investment areas with
17		jurisdiction over a specific geographic area of more than
18		4,500 square miles, however, may permit members to attend
19		meetings by other means only in accordance with and to the
20		extent allowed by specific procedural rules adopted by the
21		body. For the purposes of this Section, "local workforce
22		innovation area" means any local workforce innovation area or
23		areas designated by the Governor pursuant to the federal
24		Workforce Innovation and Opportunity Act or its reauthorizing
25		legislation.
26		(e) Subject to the requirements of Section 2.06 but

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1		notwithstanding any other provision of law, an open or closed
2		meeting subject to this Act may be conducted by audio or video
3		conference, without the physical presence of a quorum of the
4		members, so long as the following conditions are met:
5		(1) the Governor or the Director of the Illinois
6		Department of Public Health has issued a disaster
7		declaration related to public health concerns because of a
8		disaster as defined in Section 4 of the Illinois Emergency
9		Management Agency Act, and all or part of the jurisdiction
10		of the public body is covered by the disaster area;
11		(2) the head of the public body as defined in
12		subsection (e) of Section 2 of the Freedom of Information
13		Act determines that an in-person meeting or a meeting
14		conducted under this Act is not practical or prudent
15		because of a disaster;
16		(3) all members of the body participating in the
17		meeting, wherever their physical location, shall be
18		verified and can hear one another and can hear all
19		discussion and testimony;
20		(4) for open meetings, members of the public present
21		at the regular meeting location of the body can hear all
22		discussion and testimony and all votes of the members of
23		the body, unless attendance at the regular meeting
24		location is not feasible due to the disaster, including
25		the issued disaster declaration, in which case the public
26		body must make alternative arrangements and provide notice

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1		pursuant to this Section of such alternative arrangements
2		in a manner to allow any interested member of the public
3		access to contemporaneously hear all discussion,
4		testimony, and roll call votes, such as by offering a
5		telephone number or a web-based link;
6		(5) at least one member of the body, chief legal
7		counsel, or chief administrative officer is physically
8		present at the regular meeting location, unless unfeasible
9		due to the disaster, including the issued disaster
10		declaration; and
11		(6) all votes are conducted by roll call, so each
12		member's vote on each issue can be identified and
13		recorded.
14		(7) Except in the event of a bona fide emergency, 48
15		hours' notice shall be given of a meeting to be held
16		pursuant to this Section. Notice shall be given to all
17		members of the public body, shall be posted on the website
18		of the public body, and shall also be provided to any news
19		media who has requested notice of meetings pursuant to
20		subsection (a) of Section 2.02 of this Act. If the public
21		body declares a bona fide emergency:
22		(A) Notice shall be given pursuant to subsection
23		(a) of Section 2.02 of this Act, and the presiding
24		officer shall state the nature of the emergency at the
25		beginning of the meeting.
26		(B) The public body must comply with the verbatim

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1		recording requirements set forth in Section 2.06 of
2		this Act.
3		(8) Each member of the body participating in a meeting
4		by audio or video conference for a meeting held pursuant
5		to this Section is considered present at the meeting for
6		purposes of determining a quorum and participating in all
7		proceedings.
8		(9) In addition to the requirements for open meetings
9		under Section 2.06, public bodies holding open meetings
10		under this subsection (e) must also keep a verbatim record
11		of all their meetings in the form of an audio or video
12		recording. Verbatim records made under this paragraph (9)
13		shall be made available to the public under, and are
14		otherwise subject to, the provisions of Section 2.06.
15		(10) The public body shall bear all costs associated
16		with compliance with this subsection (e).
17		(Source: P.A. 103-311, eff. 7-28-23.)
18		Section 10. The Freedom of Information Act is amended by
19		changing Sections 2, 3, 4, 7, and 9.5 as follows:
20		(5 ILCS 140/2)  (from Ch. 116, par. 202)
21		Sec. 2. Definitions. As used in this Act:
22		(a) "Public body" means all legislative, executive,
23		administrative, or advisory bodies of the State, state
24		universities and colleges, counties, townships, cities,

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1		villages, incorporated towns, school districts and all other
2		municipal corporations, boards, bureaus, committees, or
3		commissions of this State, any subsidiary bodies of any of the
4		foregoing including but not limited to committees and
5		subcommittees thereof, and a School Finance Authority created
6		under Article 1E of the School Code. "Public body" does not
7		include a child death review team or the Illinois Child Death
8		Review Teams Executive Council established under the Child
9		Death Review Team Act, or a regional youth advisory board or
10		the Statewide Youth Advisory Board established under the
11		Department of Children and Family Services Statewide Youth
12		Advisory Board Act.
13		(b) "Person" means any individual or any individual acting
14		as an agent of a , corporation, partnership, firm,
15		organization or association, acting individually or as a
16		group.
17		(c) "Public records" means all records, reports, forms,
18		writings, letters, memoranda, books, papers, maps,
19		photographs, microfilms, cards, tapes, recordings, electronic
20		data processing records, electronic communications, recorded
21		information and all other documentary materials pertaining to
22		the transaction of public business, regardless of physical
23		form or characteristics, having been prepared by or for, or
24		having been or being used by, received by, in the possession
25		of, or under the control of any public body. "Public records"
26		does not include junk mail.

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1		(c-5) "Private information" means unique identifiers,
2		including a person's social security number, driver's license
3		number, employee identification number, biometric identifiers,
4		personal financial information, passwords or other access
5		codes, medical records, home or personal telephone numbers,
6		and personal email addresses. Private information also
7		includes home address and personal license plates, except as
8		otherwise provided by law or when compiled without possibility
9		of attribution to any person. For a public body that is a
10		HIPAA-covered entity, "private information" includes
11		electronic medical records and all information, including
12		demographic information, contained within or extracted from an
13		electronic medical records system operated or maintained by
14		the public body in compliance with State and federal medical
15		privacy laws and regulations, including, but not limited to,
16		the Health Insurance Portability and Accountability Act and
17		its regulations, 45 CFR Parts 160 and 164. As used in this
18		subsection, "HIPAA-covered entity" has the meaning given to
19		the term "covered entity" in 45 CFR 160.103.
20		(c-10) "Commercial purpose" means the use of any part of a
21		public record or records, or information derived from public
22		records, in any form for sale, resale, or solicitation or
23		advertisement for sales or services. For purposes of this
24		definition, requests made by news media and non-profit,
25		scientific, or academic organizations shall not be considered
26		to be made for a "commercial purpose" when the principal

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1		purpose of the request is (i) to access and disseminate
2		information concerning news and current or passing events,
3		(ii) for articles of opinion or features of interest to the
4		public, or (iii) for the purpose of academic, scientific, or
5		public research or education.
6		(d) "Copying" means the reproduction of any public record
7		by means of any photographic, electronic, mechanical or other
8		process, device or means now known or hereafter developed and
9		available to the public body.
10		(e) "Head of the public body" means the president, mayor,
11		chairman, presiding officer, director, superintendent,
12		manager, supervisor or individual otherwise holding primary
13		executive and administrative authority for the public body, or
14		such person's duly authorized designee.
15		(f) "News media" means a newspaper or other periodical
16		issued at regular intervals whether in print or electronic
17		format, a news service whether in print or electronic format,
18		a radio station, a television station, a television network, a
19		community antenna television service, or a person or
20		corporation engaged in making news reels or other motion
21		picture news for public showing.
22		(g) "Recurrent requester", as used in Section 3.2 of this
23		Act, means a person that, in the 12 months immediately
24		preceding the request, has submitted to the same public body
25		(i) a minimum of 50 requests for records, (ii) a minimum of 15
26		requests for records within a 30-day period, or (iii) a

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1		minimum of 7 requests for records within a 7-day period. For
2		purposes of this definition, requests made by news media and
3		non-profit, scientific, or academic organizations shall not be
4		considered in calculating the number of requests made in the
5		time periods in this definition when the principal purpose of
6		the requests is (i) to access and disseminate information
7		concerning news and current or passing events, (ii) for
8		articles of opinion or features of interest to the public, or
9		(iii) for the purpose of academic, scientific, or public
10		research or education.
11		For the purposes of this subsection (g), "request" means a
12		written document (or oral request, if the public body chooses
13		to honor oral requests) that is submitted to a public body via
14		personal delivery, mail, telefax, electronic mail, or other
15		means available to the public body and that identifies the
16		particular public record the requester seeks. One request may
17		identify multiple records to be inspected or copied.
18		(h) "Voluminous request" means a request that: (i)
19		includes more than 5 individual requests for more than 5
20		different categories of records or a combination of individual
21		requests that total requests for more than 5 different
22		categories of records in a period of 20 business days; or (ii)
23		requires the compilation of more than 500 letter or
24		legal-sized pages of public records unless a single requested
25		record exceeds 500 pages. "Single requested record" may
26		include, but is not limited to, one report, form, e-mail,

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1		letter, memorandum, book, map, microfilm, tape, or recording.
2		"Voluminous request" does not include a request made by
3		news media and non-profit, scientific, or academic
4		organizations if the principal purpose of the request is: (1)
5		to access and disseminate information concerning news and
6		current or passing events; (2) for articles of opinion or
7		features of interest to the public; or (3) for the purpose of
8		academic, scientific, or public research or education.
9		For the purposes of this subsection (h), "request" means a
10		written document, or oral request, if the public body chooses
11		to honor oral requests, that is submitted to a public body via
12		personal delivery, mail, telefax, electronic mail, or other
13		means available to the public body and that identifies the
14		particular public record or records the requester seeks. One
15		request may identify multiple individual records to be
16		inspected or copied.
17		(i) "Severance agreement" means a mutual agreement between
18		any public body and its employee for the employee's
19		resignation in exchange for payment by the public body.
20		(j) "Junk mail" means (i) any unsolicited commercial mail
21		sent to a public body and not responded to by an official,
22		employee, or agent of the public body or (ii) any unsolicited
23		commercial electronic communication sent to a public body and
24		not responded to by an official, employee, or agent of the
25		public body.
26		(Source: P.A. 103-554, eff. 1-1-24.)

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1		(5 ILCS 140/3)  (from Ch. 116, par. 203)
2		Sec. 3. (a) Each public body shall make available to any
3		person for inspection or copying all public records, except as
4		otherwise provided in Sections 7 and 8.5 of this Act.
5		Notwithstanding any other law, a public body may not grant to
6		any person or entity, whether by contract, license, or
7		otherwise, the exclusive right to access and disseminate any
8		public record as defined in this Act.
9		(b) Subject to the fee provisions of Section 6 of this Act,
10		each public body shall promptly provide, to any person who
11		submits a request, a copy of any public record required to be
12		disclosed by subsection (a) of this Section and shall certify
13		such copy if so requested.
14		(c) Requests for inspection or copies shall be made in
15		writing and directed to the public body. Written requests may
16		be submitted to a public body via personal delivery, mail,
17		telefax, or other means available to the public body.
18		Electronic requests under this Section must appear in their
19		entirety within the body of the electronic submission. As a
20		cybersecurity measure, no public body shall be required to
21		open electronically attached files or hyperlinks to view or
22		access details of a request. A public body that receives a
23		request that would require the public body to open hyperlinks
24		or attached files shall, within 5 business days, notify the
25		requester of the requirement that the entirety of an

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1		electronic request must appear within the body of the
2		electronic submission. A public body may honor oral requests
3		for inspection or copying. A public body may not require that a
4		request be submitted on a standard form or require the
5		requester to specify the purpose for a request, except to
6		determine whether the records are requested for a commercial
7		purpose or whether to grant a request for a fee waiver. All
8		requests for inspection and copying received by a public body
9		shall immediately be forwarded to its Freedom of Information
10		officer or designee.
11		(d) Each public body shall, promptly, either comply with
12		or deny a request for public records within 5 business days
13		after its receipt of the request, unless the time for response
14		is properly extended under subsection (e) of this Section.
15		Denial shall be in writing as provided in Section 9 of this
16		Act. Failure to comply with a written request, extend the time
17		for response, or deny a request within 5 business days after
18		its receipt shall be considered a denial of the request. A
19		public body that fails to respond to a request within the
20		requisite periods in this Section but thereafter provides the
21		requester with copies of the requested public records may not
22		impose a fee for such copies. A public body that fails to
23		respond to a request received may not treat the request as
24		unduly burdensome under subsection (g).
25		(e) The time for response under this Section may be
26		extended by the public body for not more than 5 business days

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1		from the original due date for any of the following reasons:
2		(i) the requested records are stored in whole or in
3		part at other locations than the office having charge of
4		the requested records;
5		(ii) the request requires the collection of a
6		substantial number of specified records;
7		(iii) the request is couched in categorical terms and
8		requires an extensive search for the records responsive to
9		it;
10		(iv) the requested records have not been located in
11		the course of routine search and additional efforts are
12		being made to locate them;
13		(v) the requested records require examination and
14		evaluation by personnel having the necessary competence
15		and discretion to determine if they are exempt from
16		disclosure under Section 7 of this Act or should be
17		revealed only with appropriate deletions;
18		(vi) the request for records cannot be complied with
19		by the public body within the time limits prescribed by
20		subsection (d) of this Section without unduly burdening or
21		interfering with the operations of the public body;
22		(vii) there is a need for consultation, which shall be
23		conducted with all practicable speed, with another public
24		body or among 2 or more components of a public body having
25		a substantial interest in the determination or in the
26		subject matter of the request.

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1		The person making a request and the public body may agree
2		in writing to extend the time for compliance for a period to be
3		determined by the parties. If the requester and the public
4		body agree to extend the period for compliance, a failure by
5		the public body to comply with any previous deadlines shall
6		not be treated as a denial of the request for the records.
7		(f) When additional time is required for any of the above
8		reasons, the public body shall, within 5 business days after
9		receipt of the request, notify the person making the request
10		of the reasons for the extension and the date by which the
11		response will be forthcoming. Failure to respond within the
12		time permitted for extension shall be considered a denial of
13		the request. A public body that fails to respond to a request
14		within the time permitted for extension but thereafter
15		provides the requester with copies of the requested public
16		records may not impose a fee for those copies. A public body
17		that requests an extension and subsequently fails to respond
18		to the request may not treat the request as unduly burdensome
19		under subsection (g).
20		(g) Requests calling for all records falling within a
21		category shall be complied with unless compliance with the
22		request would be unduly burdensome for the complying public
23		body and there is no way to narrow the request and the burden
24		on the public body outweighs the public interest in the
25		information. Before invoking this exemption, the public body
26		shall extend to the person making the request an opportunity

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1		to confer with it in an attempt to reduce the request to
2		manageable proportions. If any public body responds to a
3		categorical request by stating that compliance would unduly
4		burden its operation and the conditions described above are
5		met, it shall do so in writing, specifying the reasons why it
6		would be unduly burdensome and the extent to which compliance
7		will so burden the operations of the public body. Such a
8		response shall be treated as a denial of the request for
9		information.
10		Repeated requests from the same person for the same
11		records that are unchanged or identical to records previously
12		provided or properly denied under this Act shall be deemed
13		unduly burdensome under this provision.
14		(h) Each public body may promulgate rules and regulations
15		in conformity with the provisions of this Section pertaining
16		to the availability of records and procedures to be followed,
17		including:
18		(i) the times and places where such records will be
19		made available, and
20		(ii) the persons from whom such records may be
21		obtained.
22		(i) The time periods for compliance or denial of a request
23		to inspect or copy records set out in this Section shall not
24		apply to requests for records made for a commercial purpose,
25		requests by a recurrent requester, or voluminous requests.
26		Such requests shall be subject to the provisions of Sections

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1		3.1, 3.2, and 3.6 of this Act, as applicable.
2		(j) Within 5 business days after its receipt of the
3		request, a public body that has a reasonable belief that a
4		request was not submitted by a person may require the
5		requester to verify orally or in writing that the requester is
6		a person. The deadline for the public body to respond to the
7		request shall be tolled until the requester verifies that he
8		or she is a person. If the requester fails to verify that he or
9		she is a person within 30 days after the public body requests
10		such a verification, then the public body may deny the
11		request. For purposes of this subsection (j), a public body
12		may not require the requester to submit personal information,
13		private information, or identifying information to verify that
14		the requester is a person.
15		(Source: P.A. 101-81, eff. 7-12-19.)
16		(5 ILCS 140/4)  (from Ch. 116, par. 204)
17		Sec. 4. Each public body shall prominently display on its
18		website at each of its administrative or regional offices,
19		make available for inspection and copying, and send through
20		the mail if requested, each of the following:
21		(a) A brief description of itself, which will include,
22		but not be limited to, a short summary of its purpose, a
23		block diagram giving its functional subdivisions, the
24		total amount of its operating budget, the number and
25		location of all of its separate offices, the approximate

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1		number of full and part-time employees, and the
2		identification and membership of any board, commission,
3		committee, or council which operates in an advisory
4		capacity relative to the operation of the public body, or
5		which exercises control over its policies or procedures,
6		or to which the public body is required to report and be
7		answerable for its operations; and
8		(b) A brief description of the methods whereby the
9		public may request information and public records, a
10		directory designating the Freedom of Information officer
11		or officers, the address where requests for public records
12		should be directed, and any fees allowable under Section 6
13		of this Act.
14		If a A public body does not maintain that maintains a
15		website, it shall also post this information at each of its
16		administrative or regional offices on its website.
17		(Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10.)
18		(5 ILCS 140/7)
19		Sec. 7. Exemptions.
20		(1) When a request is made to inspect or copy a public
21		record that contains information that is exempt from
22		disclosure under this Section, but also contains information
23		that is not exempt from disclosure, the public body may elect
24		to redact the information that is exempt. The public body
25		shall make the remaining information available for inspection

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1		and copying. Subject to this requirement, the following shall
2		be exempt from inspection and copying:
3		(a) Information specifically prohibited from
4		disclosure by federal or State law or rules and
5		regulations implementing federal or State law.
6		(b) Private information, unless disclosure is required
7		by another provision of this Act, a State or federal law,
8		or a court order.
9		(b-5) Files, documents, and other data or databases
10		maintained by one or more law enforcement agencies and
11		specifically designed to provide information to one or
12		more law enforcement agencies regarding the physical or
13		mental status of one or more individual subjects.
14		(c) Personal information contained within public
15		records, the disclosure of which would constitute a
16		clearly unwarranted invasion of personal privacy, unless
17		the disclosure is consented to in writing by the
18		individual subjects of the information. "Unwarranted
19		invasion of personal privacy" means the disclosure of
20		information that is highly personal or objectionable to a
21		reasonable person and in which the subject's right to
22		privacy outweighs any legitimate public interest in
23		obtaining the information. The disclosure of information
24		that bears on the public duties of public employees and
25		officials shall not be considered an invasion of personal
26		privacy.

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1		(d) Records in the possession of any public body
2		created in the course of administrative enforcement
3		proceedings, and any law enforcement or correctional
4		agency for law enforcement purposes, but only to the
5		extent that disclosure would:
6		(i) interfere with pending or actually and
7		reasonably contemplated law enforcement proceedings
8		conducted by any law enforcement or correctional
9		agency that is the recipient of the request;
10		(ii) interfere with active administrative
11		enforcement proceedings conducted by the public body
12		that is the recipient of the request;
13		(iii) create a substantial likelihood that a
14		person will be deprived of a fair trial or an impartial
15		hearing;
16		(iv) unavoidably disclose the identity of a
17		confidential source, confidential information
18		furnished only by the confidential source, or persons
19		who file complaints with or provide information to
20		administrative, investigative, law enforcement, or
21		penal agencies; except that the identities of
22		witnesses to traffic crashes, traffic crash reports,
23		and rescue reports shall be provided by agencies of
24		local government, except when disclosure would
25		interfere with an active criminal investigation
26		conducted by the agency that is the recipient of the

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1		request;
2		(v) disclose unique or specialized investigative
3		techniques other than those generally used and known
4		or disclose internal documents of correctional
5		agencies related to detection, observation, or
6		investigation of incidents of crime or misconduct, and
7		disclosure would result in demonstrable harm to the
8		agency or public body that is the recipient of the
9		request;
10		(vi) endanger the life or physical safety of law
11		enforcement personnel or any other person; or
12		(vii) obstruct an ongoing criminal investigation
13		by the agency that is the recipient of the request.
14		(d-5) A law enforcement record created for law
15		enforcement purposes and contained in a shared electronic
16		record management system if the law enforcement agency or
17		criminal justice agency that is the recipient of the
18		request did not create the record, did not participate in
19		or have a role in any of the events which are the subject
20		of the record, and only has access to the record through
21		the shared electronic record management system. As used in
22		this subsection (d-5), "criminal justice agency" means the
23		Illinois Criminal Justice Information Authority or the
24		Illinois Sentencing Policy Advisory Council.
25		(d-6) Records contained in the Officer Professional
26		Conduct Database under Section 9.2 of the Illinois Police

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1		Training Act, except to the extent authorized under that
2		Section. This includes the documents supplied to the
3		Illinois Law Enforcement Training Standards Board from the
4		Illinois State Police and Illinois State Police Merit
5		Board.
6		(d-7) Information gathered or records created from the
7		use of automatic license plate readers in connection with
8		Section 2-130 of the Illinois Vehicle Code.
9		(e) Records that relate to or affect the security of
10		correctional institutions and detention facilities.
11		(e-5) Records requested by persons committed to the
12		Department of Corrections, Department of Human Services
13		Division of Mental Health, or a county jail if those
14		materials are available in the library of the correctional
15		institution or facility or jail where the inmate is
16		confined.
17		(e-6) Records requested by persons committed to the
18		Department of Corrections, Department of Human Services
19		Division of Mental Health, or a county jail if those
20		materials include records from staff members' personnel
21		files, staff rosters, or other staffing assignment
22		information.
23		(e-7) Records requested by persons committed to the
24		Department of Corrections or Department of Human Services
25		Division of Mental Health if those materials are available
26		through an administrative request to the Department of

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1		Corrections or Department of Human Services Division of
2		Mental Health.
3		(e-8) Records requested by a person committed to the
4		Department of Corrections, Department of Human Services
5		Division of Mental Health, or a county jail, the
6		disclosure of which would result in the risk of harm to any
7		person or the risk of an escape from a jail or correctional
8		institution or facility.
9		(e-9) Records requested by a person in a county jail
10		or committed to the Department of Corrections or
11		Department of Human Services Division of Mental Health,
12		containing personal information pertaining to the person's
13		victim or the victim's family, including, but not limited
14		to, a victim's home address, home telephone number, work
15		or school address, work telephone number, social security
16		number, or any other identifying information, except as
17		may be relevant to a requester's current or potential case
18		or claim.
19		(e-10) Law enforcement records of other persons
20		requested by a person committed to the Department of
21		Corrections, Department of Human Services Division of
22		Mental Health, or a county jail, including, but not
23		limited to, arrest and booking records, mug shots, and
24		crime scene photographs, except as these records may be
25		relevant to the requester's current or potential case or
26		claim.

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1		(f) Preliminary drafts, notes, recommendations,
2		memoranda, and other records in which opinions are
3		expressed, or policies or actions are formulated, except
4		that a specific record or relevant portion of a record
5		shall not be exempt when the record is publicly cited and
6		identified by the head of the public body. The exemption
7		provided in this paragraph (f) extends to all those
8		records of officers and agencies of the General Assembly
9		that pertain to the preparation of legislative documents.
10		(g) Trade secrets and commercial or financial
11		information obtained from a person or business where the
12		trade secrets or commercial or financial information are
13		furnished under a claim that they are proprietary,
14		privileged, or confidential, and that disclosure of the
15		trade secrets or commercial or financial information would
16		cause competitive harm to the person or business, and only
17		insofar as the claim directly applies to the records
18		requested.
19		The information included under this exemption includes
20		all trade secrets and commercial or financial information
21		obtained by a public body, including a public pension
22		fund, from a private equity fund or a privately held
23		company within the investment portfolio of a private
24		equity fund as a result of either investing or evaluating
25		a potential investment of public funds in a private equity
26		fund. The exemption contained in this item does not apply

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1		to the aggregate financial performance information of a
2		private equity fund, nor to the identity of the fund's
3		managers or general partners. The exemption contained in
4		this item does not apply to the identity of a privately
5		held company within the investment portfolio of a private
6		equity fund, unless the disclosure of the identity of a
7		privately held company may cause competitive harm.
8		Nothing contained in this paragraph (g) shall be
9		construed to prevent a person or business from consenting
10		to disclosure.
11		(h) Proposals and bids for any contract, grant, or
12		agreement, including information which if it were
13		disclosed would frustrate procurement or give an advantage
14		to any person proposing to enter into a contractor
15		agreement with the body, until an award or final selection
16		is made. Information prepared by or for the body in
17		preparation of a bid solicitation shall be exempt until an
18		award or final selection is made.
19		(i) Valuable formulae, computer geographic systems,
20		designs, drawings, and research data obtained or produced
21		by any public body when disclosure could reasonably be
22		expected to produce private gain or public loss. The
23		exemption for "computer geographic systems" provided in
24		this paragraph (i) does not extend to requests made by
25		news media as defined in Section 2 of this Act when the
26		requested information is not otherwise exempt and the only

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1		purpose of the request is to access and disseminate
2		information regarding the health, safety, welfare, or
3		legal rights of the general public.
4		(j) The following information pertaining to
5		educational matters:
6		(i) test questions, scoring keys, and other
7		examination data used to administer an academic
8		examination;
9		(ii) information received by a primary or
10		secondary school, college, or university under its
11		procedures for the evaluation of faculty members by
12		their academic peers;
13		(iii) information concerning a school or
14		university's adjudication of student disciplinary
15		cases, but only to the extent that disclosure would
16		unavoidably reveal the identity of the student; and
17		(iv) course materials or research materials used
18		by faculty members.
19		(k) Architects' plans, engineers' technical
20		submissions, and other construction related technical
21		documents for projects not constructed or developed in
22		whole or in part with public funds and the same for
23		projects constructed or developed with public funds,
24		including, but not limited to, power generating and
25		distribution stations and other transmission and
26		distribution facilities, water treatment facilities,

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1		airport facilities, sport stadiums, convention centers,
2		and all government owned, operated, or occupied buildings,
3		but only to the extent that disclosure would compromise
4		security.
5		(l) Minutes of meetings of public bodies closed to the
6		public as provided in the Open Meetings Act until the
7		public body makes the minutes available to the public
8		under Section 2.06 of the Open Meetings Act.
9		(m) Communications between a public body and an
10		attorney or auditor representing the public body that
11		would not be subject to discovery in litigation, and
12		materials prepared or compiled by or for a public body in
13		anticipation of a criminal, civil, or administrative
14		proceeding upon the request of an attorney advising the
15		public body, and materials prepared or compiled with
16		respect to internal audits of public bodies.
17		(n) Records relating to a public body's adjudication
18		of employee grievances or disciplinary cases; however,
19		this exemption shall not extend to the final outcome of
20		cases in which discipline is imposed.
21		(o) Administrative or technical information associated
22		with automated data processing operations, including, but
23		not limited to, software, operating protocols, computer
24		program abstracts, file layouts, source listings, object
25		modules, load modules, user guides, documentation
26		pertaining to all logical and physical design of

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1		computerized systems, employee manuals, and any other
2		information that, if disclosed, would jeopardize the
3		security of the system or its data or the security of
4		materials exempt under this Section.
5		(p) Records relating to collective negotiating matters
6		between public bodies and their employees or
7		representatives, except that any final contract or
8		agreement shall be subject to inspection and copying.
9		(q) Test questions, scoring keys, and other
10		examination data used to determine the qualifications of
11		an applicant for a license or employment.
12		(r) The records, documents, and information relating
13		to real estate purchase negotiations until those
14		negotiations have been completed or otherwise terminated.
15		With regard to a parcel involved in a pending or actually
16		and reasonably contemplated eminent domain proceeding
17		under the Eminent Domain Act, records, documents, and
18		information relating to that parcel shall be exempt except
19		as may be allowed under discovery rules adopted by the
20		Illinois Supreme Court. The records, documents, and
21		information relating to a real estate sale shall be exempt
22		until a sale is consummated.
23		(s) Any and all proprietary information and records
24		related to the operation of an intergovernmental risk
25		management association or self-insurance pool or jointly
26		self-administered health and accident cooperative or pool.

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1		Insurance or self-insurance (including any
2		intergovernmental risk management association or
3		self-insurance pool) claims, loss or risk management
4		information, records, data, advice, or communications.
5		(t) Information contained in or related to
6		examination, operating, or condition reports prepared by,
7		on behalf of, or for the use of a public body responsible
8		for the regulation or supervision of financial
9		institutions, insurance companies, or pharmacy benefit
10		managers, unless disclosure is otherwise required by State
11		law.
12		(u) Information that would disclose or might lead to
13		the disclosure of secret or confidential information,
14		codes, algorithms, programs, or private keys intended to
15		be used to create electronic signatures under the Uniform
16		Electronic Transactions Act.
17		(v) Vulnerability assessments, security measures, and
18		response policies or plans that are designed to identify,
19		prevent, or respond to potential attacks upon a
20		community's population or systems, facilities, or
21		installations, but only to the extent that disclosure
22		could reasonably be expected to expose the vulnerability
23		or jeopardize the effectiveness of the measures, policies,
24		or plans, or the safety of the personnel who implement
25		them or the public. Information exempt under this item may
26		include such things as details pertaining to the

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1		mobilization or deployment of personnel or equipment, to
2		the operation of communication systems or protocols, to
3		cybersecurity vulnerabilities, or to tactical operations.
4		(w) (Blank).
5		(x) Maps and other records regarding the location or
6		security of generation, transmission, distribution,
7		storage, gathering, treatment, or switching facilities
8		owned by a utility, by a power generator, or by the
9		Illinois Power Agency.
10		(y) Information contained in or related to proposals,
11		bids, or negotiations related to electric power
12		procurement under Section 1-75 of the Illinois Power
13		Agency Act and Section 16-111.5 of the Public Utilities
14		Act that is determined to be confidential and proprietary
15		by the Illinois Power Agency or by the Illinois Commerce
16		Commission.
17		(z) Information about students exempted from
18		disclosure under Section 10-20.38 or 34-18.29 of the
19		School Code, and information about undergraduate students
20		enrolled at an institution of higher education exempted
21		from disclosure under Section 25 of the Illinois Credit
22		Card Marketing Act of 2009.
23		(aa) Information the disclosure of which is exempted
24		under the Viatical Settlements Act of 2009.
25		(bb) Records and information provided to a mortality
26		review team and records maintained by a mortality review

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1		team appointed under the Department of Juvenile Justice
2		Mortality Review Team Act.
3		(cc) Information regarding interments, entombments, or
4		inurnments of human remains that are submitted to the
5		Cemetery Oversight Database under the Cemetery Care Act or
6		the Cemetery Oversight Act, whichever is applicable.
7		(dd) Correspondence and records (i) that may not be
8		disclosed under Section 11-9 of the Illinois Public Aid
9		Code or (ii) that pertain to appeals under Section 11-8 of
10		the Illinois Public Aid Code.
11		(ee) The names, addresses, or other personal
12		information of persons who are minors and are also
13		participants and registrants in programs of park
14		districts, forest preserve districts, conservation
15		districts, recreation agencies, and special recreation
16		associations.
17		(ff) The names, addresses, or other personal
18		information of participants and registrants in programs of
19		park districts, forest preserve districts, conservation
20		districts, recreation agencies, and special recreation
21		associations where such programs are targeted primarily to
22		minors.
23		(gg) Confidential information described in Section
24		1-100 of the Illinois Independent Tax Tribunal Act of
25		2012.
26		(hh) The report submitted to the State Board of

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1		Education by the School Security and Standards Task Force
2		under item (8) of subsection (d) of Section 2-3.160 of the
3		School Code and any information contained in that report.
4		(ii) Records requested by persons committed to or
5		detained by the Department of Human Services under the
6		Sexually Violent Persons Commitment Act or committed to
7		the Department of Corrections under the Sexually Dangerous
8		Persons Act if those materials: (i) are available in the
9		library of the facility where the individual is confined;
10		(ii) include records from staff members' personnel files,
11		staff rosters, or other staffing assignment information;
12		or (iii) are available through an administrative request
13		to the Department of Human Services or the Department of
14		Corrections.
15		(jj) Confidential information described in Section
16		5-535 of the Civil Administrative Code of Illinois.
17		(kk) The public body's credit card numbers, debit card
18		numbers, bank account numbers, Federal Employer
19		Identification Number, security code numbers, passwords,
20		and similar account information, the disclosure of which
21		could result in identity theft or impression or defrauding
22		of a governmental entity or a person.
23		(ll) Records concerning the work of the threat
24		assessment team of a school district, including, but not
25		limited to, any threat assessment procedure under the
26		School Safety Drill Act and any information contained in

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1		the procedure.
2		(mm) Information prohibited from being disclosed under
3		subsections (a) and (b) of Section 15 of the Student
4		Confidential Reporting Act.
5		(nn) Proprietary information submitted to the
6		Environmental Protection Agency under the Drug Take-Back
7		Act.
8		(oo) Records described in subsection (f) of Section
9		3-5-1 of the Unified Code of Corrections.
10		(pp) Any and all information regarding burials,
11		interments, or entombments of human remains as required to
12		be reported to the Department of Natural Resources
13		pursuant either to the Archaeological and Paleontological
14		Resources Protection Act or the Human Remains Protection
15		Act.
16		(qq) Reports described in subsection (e) of Section
17		16-15 of the Abortion Care Clinical Training Program Act.
18		(rr) Information obtained by a certified local health
19		department under the Access to Public Health Data Act.
20		(ss) For a request directed to a public body that is
21		also a HIPAA-covered entity, all information that is
22		protected health information, including demographic
23		information, that may be contained within or extracted
24		from any record held by the public body in compliance with
25		State and federal medical privacy laws and regulations,
26		including, but not limited to, the Health Insurance

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1		Portability and Accountability Act and its regulations, 45
2		CFR Parts 160 and 164. As used in this paragraph,
3		"HIPAA-covered entity" has the meaning given to the term
4		"covered entity" in 45 CFR 160.103 and "protected health
5		information" has the meaning given to that term in 45 CFR
6		160.103.
7		(tt) Proposals or bids submitted by engineering
8		consultants in response to requests for proposal or other
9		competitive bidding requests by the Department of
10		Transportation or the Illinois Toll Highway Authority.
11		(uu) Documents that, pursuant to the State of
12		Illinois' 1987 Agreement with the U.S. Nuclear Regulatory
13		Commission and the corresponding requirement to maintain
14		compatibility with the National Materials Program, have
15		been determined to be security sensitive. These documents
16		include information classified as safeguards,
17		safeguards-modified, and sensitive unclassified
18		nonsafeguards information, as identified in U.S. Nuclear
19		Regulatory Commission regulatory information summaries,
20		security advisories, and other applicable communications
21		or regulations related to the control and distribution of
22		security sensitive information.
23		(1.5) Any information exempt from disclosure under the
24		Judicial Privacy Act shall be redacted from public records
25		prior to disclosure under this Act.
26		(2) A public record that is not in the possession of a

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1		public body but is in the possession of a party with whom the
2		agency has contracted to perform a governmental function on
3		behalf of the public body, and that directly relates to the
4		governmental function and is not otherwise exempt under this
5		Act, shall be considered a public record of the public body,
6		for purposes of this Act.
7		(3) This Section does not authorize withholding of
8		information or limit the availability of records to the
9		public, except as stated in this Section or otherwise provided
10		in this Act.
11		(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
12		102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
13		1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
14		eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
15		103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
16		8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
17		eff. 7-1-24; 103-865, eff. 1-1-25.)
18		(5 ILCS 140/9.5)
19		Sec. 9.5. Public Access Counselor; opinions.
20		(a) A person whose request to inspect or copy a public
21		record is denied by a public body, except the General Assembly
22		and committees, commissions, and agencies thereof, may file a
23		request for review with the Public Access Counselor
24		established in the Office of the Attorney General not later
25		than 60 days after the date of the final denial. The request

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1		for review must be in writing, signed by the requester, and
2		include (i) a copy of the request for access to records and
3		(ii) any responses from the public body.
4		(b) A person whose request to inspect or copy a public
5		record is made for a commercial purpose as defined in
6		subsection (c-10) of Section 2 of this Act may not file a
7		request for review with the Public Access Counselor. A person
8		whose request to inspect or copy a public record was treated by
9		the public body as a request for a commercial purpose under
10		Section 3.1 of this Act may file a request for review with the
11		Public Access Counselor for the limited purpose of reviewing
12		whether the public body properly determined that the request
13		was made for a commercial purpose.
14		(b-5) A person whose request to inspect or copy a public
15		record was treated by a public body, except the General
16		Assembly and committees, commissions, and agencies thereof, as
17		a voluminous request under Section 3.6 of this Act may file a
18		request for review with the Public Access Counselor for the
19		purpose of reviewing whether the public body properly
20		determined that the request was a voluminous request.
21		(c) Upon receipt of a request for review, the Public
22		Access Counselor shall determine whether further action is
23		warranted. If the Public Access Counselor determines that the
24		alleged violation is unfounded, he or she shall so advise the
25		requester and the public body and no further action shall be
26		undertaken. In all other cases, the Public Access Counselor

SB0243 Enrolled - 54 - LRB104 07181 BDA 17218 b
1		shall forward a copy of the request for review to the public
2		body within 7 business days after receipt and shall specify
3		the records or other documents that the public body shall
4		furnish to facilitate the review. Within 7 business days after
5		receipt of the request for review, the public body shall
6		provide copies of records requested and shall otherwise fully
7		cooperate with the Public Access Counselor. If a public body
8		fails to furnish specified records pursuant to this Section,
9		or if otherwise necessary, the Attorney General may issue a
10		subpoena to any person or public body having knowledge of or
11		records pertaining to a request for review of a denial of
12		access to records under the Act. Records or documents obtained
13		by the Public Access Counselor from a public body for the
14		purpose of addressing a request for review under this Section
15		may not be disclosed to the public, including the requester,
16		by the Public Access Counselor. These records, while in the
17		possession of the Public Access Counselor, are exempt under
18		this Act from disclosure by the Public Access Counselor.
19		(d) Within 7 business days after it receives a copy of a
20		request for review and request for production of records from
21		the Public Access Counselor, the public body may, but is not
22		required to, answer the allegations of the request for review.
23		The answer may take the form of a letter, brief, or memorandum.
24		The Public Access Counselor shall forward a copy of the answer
25		to the person submitting the request for review, with any
26		alleged confidential information to which the request pertains

SB0243 Enrolled - 55 - LRB104 07181 BDA 17218 b
1		redacted from the copy. The requester may, but is not required
2		to, respond in writing to the answer within 7 business days and
3		shall provide a copy of the response to the public body.
4		(e) In addition to the request for review, and the answer
5		and the response thereto, if any, a requester or a public body
6		may furnish affidavits or records concerning any matter
7		germane to the review.
8		(f) Unless the Public Access Counselor extends the time by
9		no more than 30 business days by sending written notice to the
10		requester and the public body that includes a statement of the
11		reasons for the extension in the notice, or decides to address
12		the matter without the issuance of a binding opinion, the
13		Attorney General shall examine the issues and the records,
14		shall make findings of fact and conclusions of law, and shall
15		issue to the requester and the public body an opinion in
16		response to the request for review within 60 days after its
17		receipt. The opinion shall be binding upon both the requester
18		and the public body, subject to administrative review under
19		Section 11.5.
20		In responding to any request under this Section 9.5, the
21		Attorney General may exercise his or her discretion and choose
22		to resolve a request for review by mediation or by a means
23		other than the issuance of a binding opinion. The decision not
24		to issue a binding opinion shall not be reviewable.
25		Upon receipt of a binding opinion concluding that a
26		violation of this Act has occurred, the public body shall

SB0243 Enrolled - 56 - LRB104 07181 BDA 17218 b
1		either take necessary action immediately to comply with the
2		directive of the opinion or shall initiate administrative
3		review under Section 11.5. If the opinion concludes that no
4		violation of the Act has occurred, the requester may initiate
5		administrative review under Section 11.5.
6		A public body and any officer or employee of a public body
7		that discloses records in accordance with an opinion of the
8		Attorney General is immune from all liabilities by reason
9		thereof and shall not be liable for penalties under this Act.
10		(g) If the requester files suit under Section 11 with
11		respect to the same denial that is the subject of a pending
12		request for review, the requester shall notify the Public
13		Access Counselor, and the Public Access Counselor shall take
14		no further action with respect to the request for review and
15		shall so notify the public body.
16		(h) The Attorney General may also issue advisory opinions
17		to public bodies regarding compliance with this Act. A review
18		may be initiated upon receipt of a written request from the
19		head of the public body or its attorney, which shall contain
20		sufficient accurate facts from which a determination can be
21		made. The Public Access Counselor may request additional
22		information from the public body in order to assist in the
23		review. A public body that relies in good faith on an advisory
24		opinion of the Attorney General in responding to a request is
25		not liable for penalties under this Act, so long as the facts
26		upon which the opinion is based have been fully and fairly

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1		disclosed to the Public Access Counselor.
2		(Source: P.A. 103-69, eff. 1-1-24.)
3		Section 15. The Local Records Act is amended by changing
4		Section 3 as follows:
5		(50 ILCS 205/3)  (from Ch. 116, par. 43.103)
6		Sec. 3. Except where the context indicates otherwise, the
7		terms used in this Act are defined as follows:
8		"Agency" means any court, and all parts, boards,
9		departments, bureaus and commissions of any county, municipal
10		corporation or political subdivision.
11		"Archivist" means the Secretary of State.
12		"Born-digital electronic material" means electronic
13		material created in digital form rather than converted from
14		print or analog form to digital form.
15		"Commission" means a Local Records Commission.
16		"Court" means a court, other than the Supreme Court.
17		"Digitized electronic material" means electronic material
18		converted from print or analog form to digital form.
19		"Junk mail" means (i) any unsolicited commercial mail sent
20		to a public body and not responded to by an official, employee,
21		or agent of the public body or (ii) any unsolicited commercial
22		electronic communication sent to a public body and not
23		responded to by an official, employee, or agent of the public
24		body.

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1		"Officer" means any elected or appointed official of a
2		court, county, municipal corporation or political subdivision.
3		"Public record" means any book, paper, map, photograph,
4		born-digital electronic material, digitized electronic
5		material, electronic material with a combination of digitized
6		and born-digital material, or other official documentary
7		material, regardless of physical form or characteristics,
8		made, produced, executed or received by any agency or officer
9		pursuant to law or in connection with the transaction of
10		public business and preserved or appropriate for preservation
11		by such agency or officer, or any successor thereof, as
12		evidence of the organization, function, policies, decisions,
13		procedures, or other activities thereof, or because of the
14		informational data contained therein. Library and museum
15		material made or acquired and preserved solely for reference
16		or exhibition purposes, extra copies of documents preserved
17		only for convenience of reference, and stocks of publications
18		and of processed documents, and junk mail are not included
19		within the definition of public record. Paper copies of
20		registration records, as defined in Section 1 of the Library
21		Records Confidentiality Act (75 ILCS 70/1), shall not be
22		considered public records once the information contained in
23		the paper registration records is transferred into a secure
24		electronic format and checked for accuracy.
25		(Source: P.A. 99-147, eff. 1-1-16.)
26		Section 99. Effective date. This Act takes effect January

SB0243 Enrolled - 59 - LRB104 07181 BDA 17218 b
1		1, 2026.