Illinois General Assembly - Full Text of SB2332
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Full Text of SB2332  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/10/2023, by Sen. Craig Wilcox


5 ILCS 140/2  from Ch. 116, par. 202
5 ILCS 140/3.5

    Amends the Freedom of Information Act. Defines "public body official" as an elected or appointed officeholder of a public body. Provides that "public body official" does not include a private attorney or law firm appointed to represent the public body. Provides that a public body's freedom of information officer must be a public body official or employee of the public body.

LRB103 05932 HEP 50953 b





SB2332LRB103 05932 HEP 50953 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 Sections 2 and 3.5 as follows:
6    (5 ILCS 140/2)  (from Ch. 116, par. 202)
7    Sec. 2. Definitions. As used in this Act:
8    (a) "Public body" means all legislative, executive,
9administrative, or advisory bodies of the State, state
10universities and colleges, counties, townships, cities,
11villages, incorporated towns, school districts and all other
12municipal corporations, boards, bureaus, committees, or
13commissions of this State, any subsidiary bodies of any of the
14foregoing including but not limited to committees and
15subcommittees thereof, and a School Finance Authority created
16under Article 1E of the School Code. "Public body" does not
17include a child death review team or the Illinois Child Death
18Review Teams Executive Council established under the Child
19Death Review Team Act, or a regional youth advisory board or
20the Statewide Youth Advisory Board established under the
21Department of Children and Family Services Statewide Youth
22Advisory Board Act.
23    (a-5) "Public body official" means an elected or appointed



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1officeholder of a public body. "Public body official" does not
2include a private attorney or law firm appointed to represent
3the public body.
4    (b) "Person" means any individual, corporation,
5partnership, firm, organization or association, acting
6individually or as a group.
7    (c) "Public records" means all records, reports, forms,
8writings, letters, memoranda, books, papers, maps,
9photographs, microfilms, cards, tapes, recordings, electronic
10data processing records, electronic communications, recorded
11information and all other documentary materials pertaining to
12the transaction of public business, regardless of physical
13form or characteristics, having been prepared by or for, or
14having been or being used by, received by, in the possession
15of, or under the control of any public body.
16    (c-5) "Private information" means unique identifiers,
17including a person's social security number, driver's license
18number, employee identification number, biometric identifiers,
19personal financial information, passwords or other access
20codes, medical records, home or personal telephone numbers,
21and personal email addresses. Private information also
22includes home address and personal license plates, except as
23otherwise provided by law or when compiled without possibility
24of attribution to any person.
25    (c-10) "Commercial purpose" means the use of any part of a
26public record or records, or information derived from public



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1records, in any form for sale, resale, or solicitation or
2advertisement for sales or services. For purposes of this
3definition, requests made by news media and non-profit,
4scientific, or academic organizations shall not be considered
5to be made for a "commercial purpose" when the principal
6purpose of the request is (i) to access and disseminate
7information concerning news and current or passing events,
8(ii) for articles of opinion or features of interest to the
9public, or (iii) for the purpose of academic, scientific, or
10public research or education.
11    (d) "Copying" means the reproduction of any public record
12by means of any photographic, electronic, mechanical or other
13process, device or means now known or hereafter developed and
14available to the public body.
15    (e) "Head of the public body" means the president, mayor,
16chairman, presiding officer, director, superintendent,
17manager, supervisor or individual otherwise holding primary
18executive and administrative authority for the public body, or
19such person's duly authorized designee.
20    (f) "News media" means a newspaper or other periodical
21issued at regular intervals whether in print or electronic
22format, a news service whether in print or electronic format,
23a radio station, a television station, a television network, a
24community antenna television service, or a person or
25corporation engaged in making news reels or other motion
26picture news for public showing.



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1    (g) "Recurrent requester", as used in Section 3.2 of this
2Act, means a person that, in the 12 months immediately
3preceding the request, has submitted to the same public body
4(i) a minimum of 50 requests for records, (ii) a minimum of 15
5requests for records within a 30-day period, or (iii) a
6minimum of 7 requests for records within a 7-day period. For
7purposes of this definition, requests made by news media and
8non-profit, scientific, or academic organizations shall not be
9considered in calculating the number of requests made in the
10time periods in this definition when the principal purpose of
11the requests is (i) to access and disseminate information
12concerning news and current or passing events, (ii) for
13articles of opinion or features of interest to the public, or
14(iii) for the purpose of academic, scientific, or public
15research or education.
16    For the purposes of this subsection (g), "request" means a
17written document (or oral request, if the public body chooses
18to honor oral requests) that is submitted to a public body via
19personal delivery, mail, telefax, electronic mail, or other
20means available to the public body and that identifies the
21particular public record the requester seeks. One request may
22identify multiple records to be inspected or copied.
23    (h) "Voluminous request" means a request that: (i)
24includes more than 5 individual requests for more than 5
25different categories of records or a combination of individual
26requests that total requests for more than 5 different



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1categories of records in a period of 20 business days; or (ii)
2requires the compilation of more than 500 letter or
3legal-sized pages of public records unless a single requested
4record exceeds 500 pages. "Single requested record" may
5include, but is not limited to, one report, form, e-mail,
6letter, memorandum, book, map, microfilm, tape, or recording.
7    "Voluminous request" does not include a request made by
8news media and non-profit, scientific, or academic
9organizations if the principal purpose of the request is: (1)
10to access and disseminate information concerning news and
11current or passing events; (2) for articles of opinion or
12features of interest to the public; or (3) for the purpose of
13academic, scientific, or public research or education.
14    For the purposes of this subsection (h), "request" means a
15written document, or oral request, if the public body chooses
16to honor oral requests, that is submitted to a public body via
17personal delivery, mail, telefax, electronic mail, or other
18means available to the public body and that identifies the
19particular public record or records the requester seeks. One
20request may identify multiple individual records to be
21inspected or copied.
22    (i) "Severance agreement" means a mutual agreement between
23any public body and its employee for the employee's
24resignation in exchange for payment by the public body.
25(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
2699-78, eff. 7-20-15; 99-478, eff. 6-1-16.)



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1    (5 ILCS 140/3.5)
2    Sec. 3.5. Freedom of Information officers.
3    (a) Each public body shall designate one or more public
4body officials or employees to act as its Freedom of
5Information officer or officers. Except in instances when
6records are furnished immediately, Freedom of Information
7officers, or their designees, shall receive requests submitted
8to the public body under this Act, ensure that the public body
9responds to requests in a timely fashion, and issue responses
10under this Act. Freedom of Information officers shall develop
11a list of documents or categories of records that the public
12body shall immediately disclose upon request.
13    Upon receiving a request for a public record, the Freedom
14of Information officer shall:
15        (1) note the date the public body receives the written
16    request;
17        (2) compute the day on which the period for response
18    will expire and make a notation of that date on the written
19    request;
20        (3) maintain an electronic or paper copy of a written
21    request, including all documents submitted with the
22    request until the request has been complied with or
23    denied; and
24        (4) create a file for the retention of the original
25    request, a copy of the response, a record of written



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1    communications with the requester, and a copy of other
2    communications.
3    (b) All Freedom of Information officers shall, within 6
4months after the effective date of this amendatory Act of the
596th General Assembly, successfully complete an electronic
6training curriculum to be developed by the Public Access
7Counselor and thereafter successfully complete an annual
8training program. Thereafter, whenever a new Freedom of
9Information officer is designated by a public body, that
10person shall successfully complete the electronic training
11curriculum within 30 days after assuming the position.
12Successful completion of the required training curriculum
13within the periods provided shall be a prerequisite to
14continue serving as a Freedom of Information officer.
15(Source: P.A. 96-542, eff. 1-1-10.)