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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1665

Introduced 2/5/2025, by Sen. Robert F. Martwick

SYNOPSIS AS INTRODUCED:

5 ILCS 140/7

Amends the Freedom of Information Act. Exempts from disclosure any
studies, drafts, notes, recommendations, memoranda, and other records in
which opinions are expressed, or policies or actions are formulated,
except that a specific record or relevant portion of a record is not exempt
if the record has remained in draft form for more than a 12-month period
and public dollars were spent by a unit of local government to conduct such
a study.
LRB104 11320 BDA 21406 b

A BILL FOR

SB1665
LRB104 11320 BDA 21406 b
1

AN ACT concerning government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Freedom of Information Act is amended by
5
changing Section 7 as follows:

6

(5 ILCS 140/7)
7

Sec. 7.
Exemptions.
8

(1) When a request is made to inspect or copy a public
9
record that contains information that is exempt from
10
disclosure under this Section, but also contains information
11
that is not exempt from disclosure, the public body may elect
12
to redact the information that is exempt. The public body
13
shall make the remaining information available for inspection
14
and copying. Subject to this requirement, the following shall
15
be exempt from inspection and copying:
16

(a) Information specifically prohibited from
17

disclosure by federal or State law or rules and
18

regulations implementing federal or State law.
19

(b) Private information, unless disclosure is required
20

by another provision of this Act, a State or federal law,
21

or a court order.
22

(b-5) Files, documents, and other data or databases
23

maintained by one or more law enforcement agencies and

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LRB104 11320 BDA 21406 b
1

specifically designed to provide information to one or
2

more law enforcement agencies regarding the physical or
3

mental status of one or more individual subjects.
4

(c) Personal information contained within public
5

records, the disclosure of which would constitute a
6

clearly unwarranted invasion of personal privacy, unless
7

the disclosure is consented to in writing by the
8

individual subjects of the information. "Unwarranted
9

invasion of personal privacy" means the disclosure of
10

information that is highly personal or objectionable to a
11

reasonable person and in which the subject's right to
12

privacy outweighs any legitimate public interest in
13

obtaining the information. The disclosure of information
14

that bears on the public duties of public employees and
15

officials shall not be considered an invasion of personal
16

privacy.
17

(d) Records in the possession of any public body
18

created in the course of administrative enforcement
19

proceedings, and any law enforcement or correctional
20

agency for law enforcement purposes, but only to the
21

extent that disclosure would:
22

(i) interfere with pending or actually and
23

reasonably contemplated law enforcement proceedings
24

conducted by any law enforcement or correctional
25

agency that is the recipient of the request;
26

(ii) interfere with active administrative

SB1665
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LRB104 11320 BDA 21406 b
1

enforcement proceedings conducted by the public body
2

that is the recipient of the request;
3

(iii) create a substantial likelihood that a
4

person will be deprived of a fair trial or an impartial
5

hearing;
6

(iv) unavoidably disclose the identity of a
7

confidential source, confidential information
8

furnished only by the confidential source, or persons
9

who file complaints with or provide information to
10

administrative, investigative, law enforcement, or
11

penal agencies; except that the identities of
12

witnesses to traffic crashes, traffic crash reports,
13

and rescue reports shall be provided by agencies of
14

local government, except when disclosure would
15

interfere with an active criminal investigation
16

conducted by the agency that is the recipient of the
17

request;
18

(v) disclose unique or specialized investigative
19

techniques other than those generally used and known
20

or disclose internal documents of correctional
21

agencies related to detection, observation, or
22

investigation of incidents of crime or misconduct, and
23

disclosure would result in demonstrable harm to the
24

agency or public body that is the recipient of the
25

request;
26

(vi) endanger the life or physical safety of law

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1

enforcement personnel or any other person; or
2

(vii) obstruct an ongoing criminal investigation
3

by the agency that is the recipient of the request.
4

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

enforcement purposes and contained in a shared electronic
6

record management system if the law enforcement agency
7

that is the recipient of the request did not create the
8

record, did not participate in or have a role in any of the
9

events which are the subject of the record, and only has
10

access to the record through the shared electronic record
11

management system.
12

(d-6) Records contained in the Officer Professional
13

Conduct Database under Section 9.2 of the Illinois Police
14

Training Act, except to the extent authorized under that
15

Section. This includes the documents supplied to the
16

Illinois Law Enforcement Training Standards Board from the
17

Illinois State Police and Illinois State Police Merit
18

Board.
19

(d-7) Information gathered or records created from the
20

use of automatic license plate readers in connection with
21

Section 2-130 of the Illinois Vehicle Code.
22

(e) Records that relate to or affect the security of
23

correctional institutions and detention facilities.
24

(e-5) 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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LRB104 11320 BDA 21406 b
1

materials are available in the library of the correctional
2

institution or facility or jail where the inmate is
3

confined.
4

(e-6) Records requested by persons committed to the
5

Department of Corrections, Department of Human Services
6

Division of Mental Health, or a county jail if those
7

materials include records from staff members' personnel
8

files, staff rosters, or other staffing assignment
9

information.
10

(e-7) Records requested by persons committed to the
11

Department of Corrections or Department of Human Services
12

Division of Mental Health if those materials are available
13

through an administrative request to the Department of
14

Corrections or Department of Human Services Division of
15

Mental Health.
16

(e-8) Records requested by a person committed to the
17

Department of Corrections, Department of Human Services
18

Division of Mental Health, or a county jail, the
19

disclosure of which would result in the risk of harm to any
20

person or the risk of an escape from a jail or correctional
21

institution or facility.
22

(e-9) Records requested by a person in a county jail
23

or committed to the Department of Corrections or
24

Department of Human Services Division of Mental Health,
25

containing personal information pertaining to the person's
26

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

SB1665
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LRB104 11320 BDA 21406 b
1

to, a victim's home address, home telephone number, work
2

or school address, work telephone number, social security
3

number, or any other identifying information, except as
4

may be relevant to a requester's current or potential case
5

or claim.
6

(e-10) Law enforcement records of other persons
7

requested by a person committed to the Department of
8

Corrections, Department of Human Services Division of
9

Mental Health, or a county jail, including, but not
10

limited to, arrest and booking records, mug shots, and
11

crime scene photographs, except as these records may be
12

relevant to the requester's current or potential case or
13

claim.
14

(f) Preliminary drafts, notes, recommendations,
15

memoranda, and other records in which opinions are
16

expressed, or policies or actions are formulated, except
17

that a specific record or relevant portion of a record
18

shall not be exempt when the record is publicly cited and
19

identified by the head of the public body. The exemption
20

provided in this paragraph (f) extends to all those
21

records of officers and agencies of the General Assembly
22

that pertain to the preparation of legislative documents.
23

(f-1) Any studies, drafts, notes, recommendations,
24

memoranda, and other records in which opinions are
25

expressed, or policies or actions are formulated, except
26

that a specific record or relevant portion of a record is

SB1665
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LRB104 11320 BDA 21406 b
1

not exempt if the record has remained in draft form for
2

more than a 12-month period and public dollars were spent
3

by a unit of local government to conduct such a study.

4

(g) Trade secrets and commercial or financial
5

information obtained from a person or business where the
6

trade secrets or commercial or financial information are
7

furnished under a claim that they are proprietary,
8

privileged, or confidential, and that disclosure of the
9

trade secrets or commercial or financial information would
10

cause competitive harm to the person or business, and only
11

insofar as the claim directly applies to the records
12

requested.
13

The information included under this exemption includes
14

all trade secrets and commercial or financial information
15

obtained by a public body, including a public pension
16

fund, from a private equity fund or a privately held
17

company within the investment portfolio of a private
18

equity fund as a result of either investing or evaluating
19

a potential investment of public funds in a private equity
20

fund. The exemption contained in this item does not apply
21

to the aggregate financial performance information of a
22

private equity fund, nor to the identity of the fund's
23

managers or general partners. The exemption contained in
24

this item does not apply to the identity of a privately
25

held company within the investment portfolio of a private
26

equity fund, unless the disclosure of the identity of a

SB1665
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1

privately held company may cause competitive harm.
2

Nothing contained in this paragraph (g) shall be
3

construed to prevent a person or business from consenting
4

to disclosure.
5

(h) Proposals and bids for any contract, grant, or
6

agreement, including information which if it were
7

disclosed would frustrate procurement or give an advantage
8

to any person proposing to enter into a contractor
9

agreement with the body, until an award or final selection
10

is made. Information prepared by or for the body in
11

preparation of a bid solicitation shall be exempt until an
12

award or final selection is made.
13

(i) Valuable formulae, computer geographic systems,
14

designs, drawings, and research data obtained or produced
15

by any public body when disclosure could reasonably be
16

expected to produce private gain or public loss. The
17

exemption for "computer geographic systems" provided in
18

this paragraph (i) does not extend to requests made by
19

news media as defined in Section 2 of this Act when the
20

requested information is not otherwise exempt and the only
21

purpose of the request is to access and disseminate
22

information regarding the health, safety, welfare, or
23

legal rights of the general public.
24

(j) The following information pertaining to
25

educational matters:
26

(i) test questions, scoring keys, and other

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LRB104 11320 BDA 21406 b
1

examination data used to administer an academic
2

examination;
3

(ii) information received by a primary or
4

secondary school, college, or university under its
5

procedures for the evaluation of faculty members by
6

their academic peers;
7

(iii) information concerning a school or
8

university's adjudication of student disciplinary
9

cases, but only to the extent that disclosure would
10

unavoidably reveal the identity of the student; and
11

(iv) course materials or research materials used
12

by faculty members.
13

(k) Architects' plans, engineers' technical
14

submissions, and other construction related technical
15

documents for projects not constructed or developed in
16

whole or in part with public funds and the same for
17

projects constructed or developed with public funds,
18

including, but not limited to, power generating and
19

distribution stations and other transmission and
20

distribution facilities, water treatment facilities,
21

airport facilities, sport stadiums, convention centers,
22

and all government owned, operated, or occupied buildings,
23

but only to the extent that disclosure would compromise
24

security.
25

(l) Minutes of meetings of public bodies closed to the
26

public as provided in the Open Meetings Act until the

SB1665
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LRB104 11320 BDA 21406 b
1

public body makes the minutes available to the public
2

under Section 2.06 of the Open Meetings Act.
3

(m) Communications between a public body and an
4

attorney or auditor representing the public body that
5

would not be subject to discovery in litigation, and
6

materials prepared or compiled by or for a public body in
7

anticipation of a criminal, civil, or administrative
8

proceeding upon the request of an attorney advising the
9

public body, and materials prepared or compiled with
10

respect to internal audits of public bodies.
11

(n) Records relating to a public body's adjudication
12

of employee grievances or disciplinary cases; however,
13

this exemption shall not extend to the final outcome of
14

cases in which discipline is imposed.
15

(o) Administrative or technical information associated
16

with automated data processing operations, including, but
17

not limited to, software, operating protocols, computer
18

program abstracts, file layouts, source listings, object
19

modules, load modules, user guides, documentation
20

pertaining to all logical and physical design of
21

computerized systems, employee manuals, and any other
22

information that, if disclosed, would jeopardize the
23

security of the system or its data or the security of
24

materials exempt under this Section.
25

(p) Records relating to collective negotiating matters
26

between public bodies and their employees or

SB1665
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LRB104 11320 BDA 21406 b
1

representatives, except that any final contract or
2

agreement shall be subject to inspection and copying.
3

(q) Test questions, scoring keys, and other
4

examination data used to determine the qualifications of
5

an applicant for a license or employment.
6

(r) The records, documents, and information relating
7

to real estate purchase negotiations until those
8

negotiations have been completed or otherwise terminated.
9

With regard to a parcel involved in a pending or actually
10

and reasonably contemplated eminent domain proceeding
11

under the Eminent Domain Act, records, documents, and
12

information relating to that parcel shall be exempt except
13

as may be allowed under discovery rules adopted by the
14

Illinois Supreme Court. The records, documents, and
15

information relating to a real estate sale shall be exempt
16

until a sale is consummated.
17

(s) Any and all proprietary information and records
18

related to the operation of an intergovernmental risk
19

management association or self-insurance pool or jointly
20

self-administered health and accident cooperative or pool.
21

Insurance or self-insurance (including any
22

intergovernmental risk management association or
23

self-insurance pool) claims, loss or risk management
24

information, records, data, advice, or communications.
25

(t) Information contained in or related to
26

examination, operating, or condition reports prepared by,

SB1665
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LRB104 11320 BDA 21406 b
1

on behalf of, or for the use of a public body responsible
2

for the regulation or supervision of financial
3

institutions, insurance companies, or pharmacy benefit
4

managers, unless disclosure is otherwise required by State
5

law.
6

(u) Information that would disclose or might lead to
7

the disclosure of secret or confidential information,
8

codes, algorithms, programs, or private keys intended to
9

be used to create electronic signatures under the Uniform
10

Electronic Transactions Act.
11

(v) Vulnerability assessments, security measures, and
12

response policies or plans that are designed to identify,
13

prevent, or respond to potential attacks upon a
14

community's population or systems, facilities, or
15

installations, but only to the extent that disclosure
16

could reasonably be expected to expose the vulnerability
17

or jeopardize the effectiveness of the measures, policies,
18

or plans, or the safety of the personnel who implement
19

them or the public. Information exempt under this item may
20

include such things as details pertaining to the
21

mobilization or deployment of personnel or equipment, to
22

the operation of communication systems or protocols, to
23

cybersecurity vulnerabilities, or to tactical operations.
24

(w) (Blank).
25

(x) Maps and other records regarding the location or
26

security of generation, transmission, distribution,

SB1665
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1

storage, gathering, treatment, or switching facilities
2

owned by a utility, by a power generator, or by the
3

Illinois Power Agency.
4

(y) Information contained in or related to proposals,
5

bids, or negotiations related to electric power
6

procurement under Section 1-75 of the Illinois Power
7

Agency Act and Section 16-111.5 of the Public Utilities
8

Act that is determined to be confidential and proprietary
9

by the Illinois Power Agency or by the Illinois Commerce
10

Commission.
11

(z) Information about students exempted from
12

disclosure under Section 10-20.38 or 34-18.29 of the
13

School Code, and information about undergraduate students
14

enrolled at an institution of higher education exempted
15

from disclosure under Section 25 of the Illinois Credit
16

Card Marketing Act of 2009.
17

(aa) Information the disclosure of which is exempted
18

under the Viatical Settlements Act of 2009.
19

(bb) Records and information provided to a mortality
20

review team and records maintained by a mortality review
21

team appointed under the Department of Juvenile Justice
22

Mortality Review Team Act.
23

(cc) Information regarding interments, entombments, or
24

inurnments of human remains that are submitted to the
25

Cemetery Oversight Database under the Cemetery Care Act or
26

the Cemetery Oversight Act, whichever is applicable.

SB1665
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LRB104 11320 BDA 21406 b
1

(dd) Correspondence and records (i) that may not be
2

disclosed under Section 11-9 of the Illinois Public Aid
3

Code or (ii) that pertain to appeals under Section 11-8 of
4

the Illinois Public Aid Code.
5

(ee) The names, addresses, or other personal
6

information of persons who are minors and are also
7

participants and registrants in programs of park
8

districts, forest preserve districts, conservation
9

districts, recreation agencies, and special recreation
10

associations.
11

(ff) The names, addresses, or other personal
12

information of participants and registrants in programs of
13

park districts, forest preserve districts, conservation
14

districts, recreation agencies, and special recreation
15

associations where such programs are targeted primarily to
16

minors.
17

(gg) Confidential information described in Section
18

1-100 of the Illinois Independent Tax Tribunal Act of
19

2012.
20

(hh) The report submitted to the State Board of
21

Education by the School Security and Standards Task Force
22

under item (8) of subsection (d) of Section 2-3.160 of the
23

School Code and any information contained in that report.
24

(ii) Records requested by persons committed to or
25

detained by the Department of Human Services under the
26

Sexually Violent Persons Commitment Act or committed to

SB1665
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1

the Department of Corrections under the Sexually Dangerous
2

Persons Act if those materials: (i) are available in the
3

library of the facility where the individual is confined;
4

(ii) include records from staff members' personnel files,
5

staff rosters, or other staffing assignment information;
6

or (iii) are available through an administrative request
7

to the Department of Human Services or the Department of
8

Corrections.
9

(jj) Confidential information described in Section
10

5-535 of the Civil Administrative Code of Illinois.
11

(kk) The public body's credit card numbers, debit card
12

numbers, bank account numbers, Federal Employer
13

Identification Number, security code numbers, passwords,
14

and similar account information, the disclosure of which
15

could result in identity theft or impression or defrauding
16

of a governmental entity or a person.
17

(ll) Records concerning the work of the threat
18

assessment team of a school district, including, but not
19

limited to, any threat assessment procedure under the
20

School Safety Drill Act and any information contained in
21

the procedure.
22

(mm) Information prohibited from being disclosed under
23

subsections (a) and (b) of Section 15 of the Student
24

Confidential Reporting Act.
25

(nn) Proprietary information submitted to the
26

Environmental Protection Agency under the Drug Take-Back

SB1665
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LRB104 11320 BDA 21406 b
1

Act.
2

(oo) Records described in subsection (f) of Section
3

3-5-1 of the Unified Code of Corrections.
4

(pp) Any and all information regarding burials,
5

interments, or entombments of human remains as required to
6

be reported to the Department of Natural Resources
7

pursuant either to the Archaeological and Paleontological
8

Resources Protection Act or the Human Remains Protection
9

Act.
10

(qq) Reports described in subsection (e) of Section
11

16-15 of the Abortion Care Clinical Training Program Act.
12

(rr) Information obtained by a certified local health
13

department under the Access to Public Health Data Act.
14

(ss) For a request directed to a public body that is
15

also a HIPAA-covered entity, all information that is
16

protected health information, including demographic
17

information, that may be contained within or extracted
18

from any record held by the public body in compliance with
19

State and federal medical privacy laws and regulations,
20

including, but not limited to, the Health Insurance
21

Portability and Accountability Act and its regulations, 45
22

CFR Parts 160 and 164. As used in this paragraph,
23

"HIPAA-covered entity" has the meaning given to the term
24

"covered entity" in 45 CFR 160.103 and "protected health
25

information" has the meaning given to that term in 45 CFR
26

160.103.

SB1665
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1

(tt) Proposals or bids submitted by engineering
2

consultants in response to requests for proposal or other
3

competitive bidding requests by the Department of
4

Transportation or the Illinois Toll Highway Authority.
5

(1.5) Any information exempt from disclosure under the
6
Judicial Privacy Act shall be redacted from public records
7
prior to disclosure under this Act.
8

(2) A public record that is not in the possession of a
9
public body but is in the possession of a party with whom the
10
agency has contracted to perform a governmental function on
11
behalf of the public body, and that directly relates to the
12
governmental function and is not otherwise exempt under this
13
Act, shall be considered a public record of the public body,
14
for purposes of this Act.
15

(3) This Section does not authorize withholding of
16
information or limit the availability of records to the
17
public, except as stated in this Section or otherwise provided
18
in this Act.
19
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
20
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
21
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
22
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
23
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
24
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
25
eff. 7-1-24; 103-865, eff. 1-1-25
.)

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