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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1977 Introduced 2/10/2017, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/1.2 | |
5 ILCS 140/2 | from Ch. 116, par. 202 |
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Amends the Freedom of Information Act. Provides that all records of (instead of "in the custody or possession of") a public body are presumed to be open to inspection or copying. Changes the definition of "public records" by removing the inclusion of material having been or being used by, received by, in the possession of, or under the
control
of
any public body.
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| | A BILL FOR |
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1 | | AN ACT concerning government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Freedom of Information Act is amended by |
5 | | changing Sections 1.2 and 2 as follows: |
6 | | (5 ILCS 140/1.2) |
7 | | Sec. 1.2. Presumption. All records in the custody or |
8 | | possession of a public body are presumed to be open to |
9 | | inspection or copying. Any public body that asserts that a |
10 | | record is exempt from disclosure has the burden of proving by |
11 | | clear and convincing evidence that it is exempt.
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12 | | (Source: P.A. 96-542, eff. 1-1-10.)
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13 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
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14 | | Sec. 2. Definitions. As used in this Act:
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15 | | (a) "Public body" means all legislative,
executive, |
16 | | administrative, or advisory bodies of the State, state |
17 | | universities
and colleges, counties, townships, cities, |
18 | | villages, incorporated towns,
school districts and all other |
19 | | municipal corporations,
boards, bureaus, committees, or |
20 | | commissions of this State, any
subsidiary
bodies of any of the |
21 | | foregoing including but not limited to committees and
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22 | | subcommittees thereof, and a School Finance Authority created |
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1 | | under
Article 1E of the School Code.
"Public body" does not |
2 | | include a child death review team
or the Illinois Child Death |
3 | | Review Teams
Executive Council
established under
the Child |
4 | | Death Review Team Act, or a regional youth advisory board or |
5 | | the Statewide Youth Advisory Board established under the |
6 | | Department of Children and Family Services Statewide Youth |
7 | | Advisory Board Act.
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8 | | (b) "Person" means any individual, corporation, |
9 | | partnership, firm,
organization
or association, acting |
10 | | individually or as a group.
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11 | | (c) "Public records" means all records, reports, forms, |
12 | | writings, letters,
memoranda, books, papers, maps, |
13 | | photographs, microfilms, cards, tapes,
recordings,
electronic |
14 | | data processing records, electronic communications, recorded |
15 | | information and all other
documentary
materials pertaining to |
16 | | the transaction of public business, regardless of physical form |
17 | | or characteristics, having been
prepared by or for the public |
18 | | body , or having been or being used by, received by, in the |
19 | | possession of, or under the
control
of
any public body . |
20 | | (c-5) "Private information" means unique identifiers, |
21 | | including a person's social security number, driver's license |
22 | | number, employee identification number, biometric identifiers, |
23 | | personal financial information, passwords or other access |
24 | | codes, medical records, home or personal telephone numbers, and |
25 | | personal email addresses. Private information also includes |
26 | | home address and personal license plates, except as otherwise |
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1 | | provided by law or when compiled without possibility of |
2 | | attribution to any person. |
3 | | (c-10) "Commercial purpose" means the use of any part of a |
4 | | public record or records, or information derived from public |
5 | | records, in any form for sale, resale, or solicitation or |
6 | | advertisement for sales or services. For purposes of this |
7 | | definition, requests made by news media and non-profit, |
8 | | scientific, or academic organizations shall not be considered |
9 | | to be made for a "commercial purpose" when the principal |
10 | | purpose of the request is (i) to access and disseminate |
11 | | information concerning news and current or passing events, (ii) |
12 | | for articles of opinion or features of interest to the public, |
13 | | or (iii) for the purpose of academic, scientific, or public |
14 | | research or education.
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15 | | (d) "Copying" means the reproduction of any public record |
16 | | by means of any
photographic, electronic, mechanical or other |
17 | | process, device or means now known or hereafter developed and |
18 | | available to the public body.
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19 | | (e) "Head of the public body" means the president, mayor, |
20 | | chairman,
presiding
officer, director, superintendent, |
21 | | manager, supervisor or individual otherwise
holding primary |
22 | | executive and administrative authority for the public
body, or |
23 | | such person's duly authorized designee.
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24 | | (f) "News media" means a newspaper or other periodical |
25 | | issued at regular
intervals whether in print or electronic |
26 | | format, a news service whether
in print or electronic format, a |
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1 | | radio
station, a television station, a television network, a |
2 | | community
antenna television service, or a person or |
3 | | corporation engaged in making news
reels or other motion |
4 | | picture news for public showing.
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5 | | (g) "Recurrent requester", as used in Section 3.2 of this |
6 | | Act, means a person that, in the 12 months immediately |
7 | | preceding the request, has submitted to the same public body |
8 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 |
9 | | requests for records within a 30-day period, or (iii) a minimum |
10 | | of 7 requests for records within a 7-day period. For purposes |
11 | | of this definition, requests made by news media and non-profit, |
12 | | scientific, or academic organizations shall not be considered |
13 | | in calculating the number of requests made in the time periods |
14 | | in this definition when the principal purpose of the requests |
15 | | is (i) to access and disseminate information concerning news |
16 | | and current or passing events, (ii) for articles of opinion or |
17 | | features of interest to the public, or (iii) for the purpose of |
18 | | academic, scientific, or public research or education. |
19 | | For the purposes of this subsection (g), "request" means a |
20 | | written document (or oral request, if the public body chooses |
21 | | to honor oral requests) that is submitted to a public body via |
22 | | personal delivery, mail, telefax, electronic mail, or other |
23 | | means available to the public body and that identifies the |
24 | | particular public record the requester seeks. One request may |
25 | | identify multiple records to be inspected or copied. |
26 | | (h) "Voluminous request" means a request that: (i) includes |
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1 | | more than 5 individual requests for more than 5 different |
2 | | categories of records or a combination of individual requests |
3 | | that total requests for more than 5 different categories of |
4 | | records in a period of 20 business days; or (ii) requires the |
5 | | compilation of more than 500 letter or legal-sized pages of |
6 | | public records unless a single requested record exceeds 500 |
7 | | pages. "Single requested record" may include, but is not |
8 | | limited to, one report, form, e-mail, letter, memorandum, book, |
9 | | map, microfilm, tape, or recording. |
10 | | "Voluminous request" does not include a request made by |
11 | | news media and non-profit, scientific, or academic |
12 | | organizations if the principal purpose of the request is: (1) |
13 | | to access and disseminate information concerning news and |
14 | | current or passing events; (2) for articles of opinion or |
15 | | features of interest to the public; or (3) for the purpose of |
16 | | academic, scientific, or public research or education. |
17 | | For the purposes of this subsection (h), "request" means a |
18 | | written document, or oral request, if the public body chooses |
19 | | to honor oral requests, that is submitted to a public body via |
20 | | personal delivery, mail, telefax, electronic mail, or other |
21 | | means available to the public body and that identifies the |
22 | | particular public record or records the requester seeks. One |
23 | | request may identify multiple individual records to be |
24 | | inspected or copied. |
25 | | (i) "Severance agreement" means a mutual agreement between |
26 | | any public body and its employee for the employee's resignation |