Full Text of HB3272 103rd General Assembly
HB3272 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3272 Introduced 2/17/2023, by Rep. Travis Weaver SYNOPSIS AS INTRODUCED: |
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5 ILCS 140/2 | from Ch. 116, par. 202 |
50 ILCS 205/3 | from Ch. 116, par. 43.103 |
50 ILCS 205/7 | from Ch. 116, par. 43.107 |
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Amends the Freedom of Information Act. Provides that public records include born-digital electronic material and digitized electronic material and defines both of those terms. Provides that "public inspection" or "inspection" means, as it relates to public records that are born-digital electronic material or digitized electronic material, inspection of public records on a public body's website or on a designated computer available at the official place of business of the public body. Amends the Local Records Act making similar changes to the definition of "public record". Further amends the Local Records Act providing that approval of the Commission is not needed for, and the Commission may not prohibit, destruction of an original record after it is converted into a digitized electronic format if the standards and procedures of the Commission relating to digitization are followed. Makes conforming changes.
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| | A BILL FOR |
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| 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 2 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, | 9 | | administrative, or advisory bodies of the State, state | 10 | | universities
and colleges, counties, townships, cities, | 11 | | villages, incorporated towns,
school districts and all other | 12 | | municipal corporations,
boards, bureaus, committees, or | 13 | | commissions of this State, any
subsidiary
bodies of any of the | 14 | | foregoing including but not limited to committees and
| 15 | | subcommittees thereof, and a School Finance Authority created | 16 | | under
Article 1E of the School Code.
"Public body" does not | 17 | | include a child death review team
or the Illinois Child Death | 18 | | Review Teams
Executive Council
established under
the Child | 19 | | Death Review Team Act, or a regional youth advisory board or | 20 | | the Statewide Youth Advisory Board established under the | 21 | | Department of Children and Family Services Statewide Youth | 22 | | Advisory Board Act.
| 23 | | (b) "Person" means any individual, corporation, |
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| 1 | | partnership, firm,
organization
or association, acting | 2 | | individually or as a group.
| 3 | | (c) "Public records" means all records, reports, forms, | 4 | | writings, letters,
memoranda, books, papers, maps, | 5 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 6 | | data processing records, electronic communications, | 7 | | born-digital electronic material, digitized electronic | 8 | | material, recorded information and all other
documentary
| 9 | | materials pertaining to the transaction of public business, | 10 | | regardless of physical form or characteristics, having been
| 11 | | prepared by or for, or having been or being used by, received | 12 | | by, in the possession of, or under the
control
of
any public | 13 | | body. "Public records" includes born-digital electronic | 14 | | material or digitized electronic material even if the material | 15 | | is stored or maintained on a server, including a third-party | 16 | | server, not on the property of a public body. | 17 | | (c-5) "Private information" means unique identifiers, | 18 | | including a person's social security number, driver's license | 19 | | number, employee identification number, biometric identifiers, | 20 | | personal financial information, passwords or other access | 21 | | codes, medical records, home or personal telephone numbers, | 22 | | and personal email addresses. Private information also | 23 | | includes home address and personal license plates, except as | 24 | | otherwise provided by law or when compiled without possibility | 25 | | of attribution to any person. | 26 | | (c-10) "Commercial purpose" means the use of any part of a |
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| 1 | | public record or records, or information derived from public | 2 | | records, in any form for sale, resale, or solicitation or | 3 | | advertisement for sales or services. For purposes of this | 4 | | definition, requests made by news media and non-profit, | 5 | | scientific, or academic organizations shall not be considered | 6 | | to be made for a "commercial purpose" when the principal | 7 | | purpose of the request is (i) to access and disseminate | 8 | | information concerning news and current or passing events, | 9 | | (ii) for articles of opinion or features of interest to the | 10 | | public, or (iii) for the purpose of academic, scientific, or | 11 | | public research or education.
| 12 | | (d) "Copying" means the reproduction of any public record | 13 | | by means of any
photographic, electronic, mechanical or other | 14 | | process, device or means now known or hereafter developed and | 15 | | available to the public body.
| 16 | | (e) "Head of the public body" means the president, mayor, | 17 | | chairman,
presiding
officer, director, superintendent, | 18 | | manager, supervisor or individual otherwise
holding primary | 19 | | executive and administrative authority for the public
body, or | 20 | | such person's duly authorized designee.
| 21 | | (f) "News media" means a newspaper or other periodical | 22 | | issued at regular
intervals whether in print or electronic | 23 | | format, a news service whether
in print or electronic format, | 24 | | a radio
station, a television station, a television network, a | 25 | | community
antenna television service, or a person or | 26 | | corporation engaged in making news
reels or other motion |
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| 1 | | picture news for public showing.
| 2 | | (g) "Recurrent requester", as used in Section 3.2 of this | 3 | | Act, means a person that, in the 12 months immediately | 4 | | preceding the request, has submitted to the same public body | 5 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 6 | | requests for records within a 30-day period, or (iii) a | 7 | | minimum of 7 requests for records within a 7-day period. For | 8 | | purposes of this definition, requests made by news media and | 9 | | non-profit, scientific, or academic organizations shall not be | 10 | | considered in calculating the number of requests made in the | 11 | | time periods in this definition when the principal purpose of | 12 | | the requests is (i) to access and disseminate information | 13 | | concerning news and current or passing events, (ii) for | 14 | | articles of opinion or features of interest to the public, or | 15 | | (iii) for the purpose of academic, scientific, or public | 16 | | research or education. | 17 | | For the purposes of this subsection (g), "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 the requester seeks. One request may | 23 | | identify multiple records to be inspected or copied. | 24 | | (h) "Voluminous request" means a request that: (i) | 25 | | includes more than 5 individual requests for more than 5 | 26 | | different categories of records or a combination of individual |
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| 1 | | requests that total requests for more than 5 different | 2 | | categories of records in a period of 20 business days; or (ii) | 3 | | requires the compilation of more than 500 letter or | 4 | | legal-sized pages of public records unless a single requested | 5 | | record exceeds 500 pages. "Single requested record" may | 6 | | include, but is not limited to, one report, form, e-mail, | 7 | | letter, memorandum, book, map, microfilm, tape, or recording. | 8 | | "Voluminous request" does not include a request made by | 9 | | news media and non-profit, scientific, or academic | 10 | | organizations if the principal purpose of the request is: (1) | 11 | | to access and disseminate information concerning news and | 12 | | current or passing events; (2) for articles of opinion or | 13 | | features of interest to the public; or (3) for the purpose of | 14 | | academic, scientific, or public research or education. | 15 | | For the purposes of this subsection (h), "request" means a | 16 | | written document, or oral request, if the public body chooses | 17 | | to honor oral requests, that is submitted to a public body via | 18 | | personal delivery, mail, telefax, electronic mail, or other | 19 | | means available to the public body and that identifies the | 20 | | particular public record or records the requester seeks. One | 21 | | request may identify multiple individual records to be | 22 | | inspected or copied. | 23 | | (i) "Severance agreement" means a mutual agreement between | 24 | | any public body and its employee for the employee's | 25 | | resignation in exchange for payment by the public body. | 26 | | (j) "Born-digital electronic material" and "digitized |
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| 1 | | electronic material" have the meanings ascribed to those terms | 2 | | in Section 3 of the Local Records Act. | 3 | | (k) "Public inspection" or "inspection" means, as it | 4 | | relates to public records that are born-digital electronic | 5 | | material or digitized electronic material, inspection of | 6 | | public records on a public body's website or on a designated | 7 | | computer available at the official place of business of the | 8 | | public body. | 9 | | (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; | 10 | | 99-78, eff. 7-20-15; 99-478, eff. 6-1-16 .)
| 11 | | Section 10. The Local Records Act is amended by changing | 12 | | Sections 3 and 7 as follows:
| 13 | | (50 ILCS 205/3) (from Ch. 116, par. 43.103)
| 14 | | Sec. 3.
Except where the context indicates otherwise, the | 15 | | terms used in
this Act are defined as follows:
| 16 | | "Agency" means any court, and all parts, boards, | 17 | | departments, bureaus
and commissions of any county, municipal | 18 | | corporation or political
subdivision.
| 19 | | "Archivist" means the Secretary of State.
| 20 | | "Born-digital electronic material" means electronic | 21 | | material created in digital form rather than converted from | 22 | | print or analog form to digital form. | 23 | | "Commission" means a Local Records Commission.
| 24 | | "Court" means a court, other than the Supreme Court.
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| 1 | | "Digitized electronic material" means electronic material | 2 | | converted from print or analog form to digital form. | 3 | | "Officer" means any elected or appointed official of a | 4 | | court, county,
municipal corporation or political subdivision.
| 5 | | "Public record" means any book, paper, map, photograph, | 6 | | born-digital electronic material, digitized
electronic | 7 | | material, electronic material with a combination of digitized | 8 | | and born-digital material, or other official documentary | 9 | | material, regardless of
physical form or
characteristics, | 10 | | made, produced, executed or received by any agency or
officer | 11 | | pursuant to law or in connection with the transaction of | 12 | | public
business and preserved or appropriate for preservation | 13 | | by such agency or
officer, or any successor thereof, as | 14 | | evidence of the organization,
function, policies, decisions, | 15 | | procedures, or other activities thereof, or
because of the | 16 | | informational data contained therein. Library and museum
| 17 | | material made or acquired and preserved solely for reference | 18 | | or exhibition
purposes, extra copies of documents preserved | 19 | | only for convenience of
reference, and stocks of publications | 20 | | and of processed documents are not
included within the | 21 | | definition of public record. Paper copies of registration | 22 | | records, as defined in Section 1 of the Library Records | 23 | | Confidentiality Act (75 ILCS 70/1), shall not be considered | 24 | | public records once the information contained in the paper | 25 | | registration records is transferred into a secure electronic | 26 | | format and checked for accuracy. "Public record" includes |
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| 1 | | born-digital electronic material or digitized electronic | 2 | | material even if the material is stored or maintained on a | 3 | | server, including a third-party server, not on the property of | 4 | | an agency.
| 5 | | (Source: P.A. 99-147, eff. 1-1-16 .)
| 6 | | (50 ILCS 205/7) (from Ch. 116, par. 43.107)
| 7 | | Sec. 7. Disposition rules. Except as otherwise provided by | 8 | | law and this Section , no
public record shall be
disposed of by | 9 | | any officer or agency unless the written approval of the
| 10 | | appropriate Local Records Commission is first obtained.
| 11 | | The Commission shall issue regulations which shall be | 12 | | binding on all
such officers. Such regulations shall establish | 13 | | procedures for compiling
and submitting to the Commission | 14 | | lists and schedules of public records
proposed for disposal; | 15 | | procedures for the physical destruction or other
disposition | 16 | | of such public records; procedures for the management and | 17 | | preservation of electronically generated and maintained | 18 | | records; and standards for the reproduction of
such public | 19 | | records by photography, microphotographic processes,
or | 20 | | digitized electronic format.
Such
standards and procedures | 21 | | shall relate to the quality of the film to be used, preparation
| 22 | | of the public records for filming or electronic conversion, | 23 | | proper
identification matter on such
records so that an | 24 | | individual document or series of documents can be
located on | 25 | | the film or digitized electronic form with reasonable |
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| 1 | | facility,
and that the copies contain
all significant record | 2 | | detail, to the end that the copies will be adequate.
Any public | 3 | | record may be reproduced in a microfilm or digitized
| 4 | | electronic format. The agency may dispose of the original of | 5 | | any
reproduced record
providing: (i) the reproduction process | 6 | | forms a durable medium that accurately
and legibly reproduces | 7 | | the original record in
all details, that does not permit | 8 | | additions, deletions, or changes
to the
original document | 9 | | images, and, if electronic, that
are
retained in a trustworthy | 10 | | manner so that the records, and the information
contained in | 11 | | the
records, are accessible and usable for subsequent | 12 | | reference at all times while
the
information must be retained,
| 13 | | (ii) the reproduction is retained for the prescribed
retention | 14 | | period, and (iii) the Commission is notified when the original
| 15 | | record is disposed of and also when the reproduced record is
| 16 | | disposed of. Authorization of the Commission is not needed | 17 | | for, and the Commission may not prohibit, destruction of an | 18 | | original record after it is converted into a digitized | 19 | | electronic format if the standards and procedures of the | 20 | | Commission relating to digitization are followed.
| 21 | | Such regulations shall also provide that the State | 22 | | archivist may retain
any records which the Commission has | 23 | | authorized to be destroyed, where they
have a historical | 24 | | value, and that the State archivist may deposit them in
the | 25 | | State Archives, State Historical Library, or a
university | 26 | | library, or with a historical society,
museum, or library.
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| 1 | | (Source: P.A. 99-147, eff. 1-1-16 .)
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