HB 2722

Select Language
  ×
The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
  Choose Language
  English
  Afrikaans
  Albanian
  Arabic
  Armenian
  Azerbaijani
  Basque
  Bengali
  Bosnian
  Catalan
  Croatian
  Czech
  Danish
  Dutch
  Esperanto
  Estonian
  Filipino
  Finnish
  French
  Galician
  Georgian
  German
  Greek
  Gujarati
  Haitian Creole
  Hausa
  Hawaiian
  Hebrew
  Hindi
  Hungarian
  Icelandic
  Indonesian
  Interlingua
  Interlingue
  Inuktitut
  Irish
  Italian
  Japanese
  Javanese
  Kannada
  Khmer
  Korean
  Latin
  Latvian
  Lithuanian
  Luxembourgish
  Macedonian
  Malagasy
  Malayalam
  Maltese
  Maori
  Marathi
  Myanmar
  Nepali
  Norwegian
  Odia
  Pashto
  Punjabi
  Romanian
  Russian
  Samoan
  Sango
  Sanskrit
  Sardinian
  Sindhi
  Sinhala
  Slovak
  Slovenian
  Somali
  Southern Sotho
  Spanish
  Sundanese
  Swahili
  Swedish
  Tamil
  Telugu
  Thai
  Tigrinya
  Tonga
  Turkish
  Ukrainian
  Urdu
  Vietnamese
  Welsh
  Xhosa
  Yiddish
  Yoruba
  Zulu
  Powered by Translate
  Close
Illinois General Assembly
Top Navigation Bar
  Translate
  Learn
  Select General Assembly
  Search the 104th General Assembly
  Enter search terms for legislation, members, committees, or schedules.
  ILGA.GOV
Mobile Top Bar
  Search the 104th General Assembly
  Enter keywords to search the Illinois General Assembly website.
Full Text of HB2722
Home
Legislation
Full Text
	HB2722 - 104th General Assembly
		Bill Status
		Full Text
		Votes
		Witness Slips
	Select Menu
	Bill Status
	Full Text
	Votes
	Witness Slips
	Printer Friendly Version
			Introduced
		Printer Friendly Version
		Introduced
			 Open PDF
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2722
Introduced 2/6/2025, by Rep. Harry Benton
SYNOPSIS AS INTRODUCED:
5 ILCS 140/7
Amends the Freedom of Information Act. Exempts from disclosure any studies, drafts, notes, recommendations, memoranda, and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record is not exempt if the record has remained in draft form for more than a 12-month period and public dollars were spent by a unit of local government to conduct such a study.
LRB104 07315 BDA 17354 b
A BILL FOR
		HB2722		LRB104 07315 BDA 17354 b
1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Freedom of Information Act is amended by
5changing 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
9record that contains information that is exempt from
10disclosure under this Section, but also contains information
11that is not exempt from disclosure, the public body may elect
12to redact the information that is exempt. The public body
13shall make the remaining information available for inspection
14and copying. Subject to this requirement, the following shall
15be 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
		HB2722	- 2 -	LRB104 07315 BDA 17354 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
		HB2722	- 3 -	LRB104 07315 BDA 17354 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
		HB2722	- 4 -	LRB104 07315 BDA 17354 b
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
		HB2722	- 5 -	LRB104 07315 BDA 17354 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
		HB2722	- 6 -	LRB104 07315 BDA 17354 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 
		HB2722	- 7 -	LRB104 07315 BDA 17354 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
		HB2722	- 8 -	LRB104 07315 BDA 17354 b
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
		HB2722	- 9 -	LRB104 07315 BDA 17354 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
		HB2722	- 10 -	LRB104 07315 BDA 17354 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
		HB2722	- 11 -	LRB104 07315 BDA 17354 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,
		HB2722	- 12 -	LRB104 07315 BDA 17354 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,
		HB2722	- 13 -	LRB104 07315 BDA 17354 b
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.
		HB2722	- 14 -	LRB104 07315 BDA 17354 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
		HB2722	- 15 -	LRB104 07315 BDA 17354 b
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
		HB2722	- 16 -	LRB104 07315 BDA 17354 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.
		HB2722	- 17 -	LRB104 07315 BDA 17354 b
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
6Judicial Privacy Act shall be redacted from public records
7prior to disclosure under this Act.
8    (2) A public record that is not in the possession of a
9public body but is in the possession of a party with whom the
10agency has contracted to perform a governmental function on
11behalf of the public body, and that directly relates to the
12governmental function and is not otherwise exempt under this
13Act, shall be considered a public record of the public body,
14for purposes of this Act.
15    (3) This Section does not authorize withholding of
16information or limit the availability of records to the
17public, except as stated in this Section or otherwise provided
18in this Act.
19(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
20102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
211-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
22eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
23103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
248-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
25eff. 7-1-24; 103-865, eff. 1-1-25.)