Full Text of SB2427 102nd General Assembly
SB2427sam001 102ND GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 4/6/2021
| | 10200SB2427sam001 | | LRB102 15242 HEP 24598 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2427
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2427 by replacing | 3 | | everything after the enacting clause with the following: | 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" includes a |
| | | 10200SB2427sam001 | - 2 - | LRB102 15242 HEP 24598 a |
|
| 1 | | nonprofit entity that is created to manage State-owned real | 2 | | property under the jurisdiction of the Metropolitan Pier and | 3 | | Exposition Authority.
"Public body" does not include a child | 4 | | death review team
or the Illinois Child Death Review Teams
| 5 | | Executive Council
established under
the Child Death Review | 6 | | Team Act, or a regional youth advisory board or the Statewide | 7 | | Youth Advisory Board established under the Department of | 8 | | Children and Family Services Statewide Youth Advisory Board | 9 | | Act.
| 10 | | (b) "Person" means any individual, corporation, | 11 | | partnership, firm,
organization
or association, acting | 12 | | individually or as a group.
| 13 | | (c) "Public records" means all records, reports, forms, | 14 | | writings, letters,
memoranda, books, papers, maps, | 15 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 16 | | data processing records, electronic communications, recorded | 17 | | information and all other
documentary
materials pertaining to | 18 | | the transaction of public business, regardless of physical | 19 | | form or characteristics, having been
prepared by or for, or | 20 | | having been or being used by, received by, in the possession | 21 | | of, or under the
control
of
any public body. | 22 | | (c-5) "Private information" means unique identifiers, | 23 | | including a person's social security number, driver's license | 24 | | number, employee identification number, biometric identifiers, | 25 | | personal financial information, passwords or other access | 26 | | codes, medical records, home or personal telephone numbers, |
| | | 10200SB2427sam001 | - 3 - | LRB102 15242 HEP 24598 a |
|
| 1 | | and personal email addresses. Private information also | 2 | | includes home address and personal license plates, except as | 3 | | otherwise provided by law or when compiled without possibility | 4 | | of attribution to any person. | 5 | | (c-10) "Commercial purpose" means the use of any part of a | 6 | | public record or records, or information derived from public | 7 | | records, in any form for sale, resale, or solicitation or | 8 | | advertisement for sales or services. For purposes of this | 9 | | definition, requests made by news media and non-profit, | 10 | | scientific, or academic organizations shall not be considered | 11 | | to be made for a "commercial purpose" when the principal | 12 | | purpose of the request is (i) to access and disseminate | 13 | | information concerning news and current or passing events, | 14 | | (ii) for articles of opinion or features of interest to the | 15 | | public, or (iii) for the purpose of academic, scientific, or | 16 | | public research or education.
| 17 | | (d) "Copying" means the reproduction of any public record | 18 | | by means of any
photographic, electronic, mechanical or other | 19 | | process, device or means now known or hereafter developed and | 20 | | available to the public body.
| 21 | | (e) "Head of the public body" means the president, mayor, | 22 | | chairman,
presiding
officer, director, superintendent, | 23 | | manager, supervisor or individual otherwise
holding primary | 24 | | executive and administrative authority for the public
body, or | 25 | | such person's duly authorized designee.
| 26 | | (f) "News media" means a newspaper or other periodical |
| | | 10200SB2427sam001 | - 4 - | LRB102 15242 HEP 24598 a |
|
| 1 | | issued at regular
intervals whether in print or electronic | 2 | | format, a news service whether
in print or electronic format, | 3 | | a radio
station, a television station, a television network, a | 4 | | community
antenna television service, or a person or | 5 | | corporation engaged in making news
reels or other motion | 6 | | picture news for public showing.
| 7 | | (g) "Recurrent requester", as used in Section 3.2 of this | 8 | | Act, means a person that, in the 12 months immediately | 9 | | preceding the request, has submitted to the same public body | 10 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 11 | | requests for records within a 30-day period, or (iii) a | 12 | | minimum of 7 requests for records within a 7-day period. For | 13 | | purposes of this definition, requests made by news media and | 14 | | non-profit, scientific, or academic organizations shall not be | 15 | | considered in calculating the number of requests made in the | 16 | | time periods in this definition when the principal purpose of | 17 | | the requests is (i) to access and disseminate information | 18 | | concerning news and current or passing events, (ii) for | 19 | | articles of opinion or features of interest to the public, or | 20 | | (iii) for the purpose of academic, scientific, or public | 21 | | research or education. | 22 | | For the purposes of this subsection (g), "request" means a | 23 | | written document (or oral request, if the public body chooses | 24 | | to honor oral requests) that is submitted to a public body via | 25 | | personal delivery, mail, telefax, electronic mail, or other | 26 | | means available to the public body and that identifies the |
| | | 10200SB2427sam001 | - 5 - | LRB102 15242 HEP 24598 a |
|
| 1 | | particular public record the requester seeks. One request may | 2 | | identify multiple records to be inspected or copied. | 3 | | (h) "Voluminous request" means a request that: (i) | 4 | | includes more than 5 individual requests for more than 5 | 5 | | different categories of records or a combination of individual | 6 | | requests that total requests for more than 5 different | 7 | | categories of records in a period of 20 business days; or (ii) | 8 | | requires the compilation of more than 500 letter or | 9 | | legal-sized pages of public records unless a single requested | 10 | | record exceeds 500 pages. "Single requested record" may | 11 | | include, but is not limited to, one report, form, e-mail, | 12 | | letter, memorandum, book, map, microfilm, tape, or recording. | 13 | | "Voluminous request" does not include a request made by | 14 | | news media and non-profit, scientific, or academic | 15 | | organizations if the principal purpose of the request is: (1) | 16 | | to access and disseminate information concerning news and | 17 | | current or passing events; (2) for articles of opinion or | 18 | | features of interest to the public; or (3) for the purpose of | 19 | | academic, scientific, or public research or education. | 20 | | For the purposes of this subsection (h), "request" means a | 21 | | written document, or oral request, if the public body chooses | 22 | | to honor oral requests, that is submitted to a public body via | 23 | | personal delivery, mail, telefax, electronic mail, or other | 24 | | means available to the public body and that identifies the | 25 | | particular public record or records the requester seeks. One | 26 | | request may identify multiple individual records to be |
| | | 10200SB2427sam001 | - 6 - | LRB102 15242 HEP 24598 a |
|
| 1 | | inspected or copied. | 2 | | (i) "Severance agreement" means a mutual agreement between | 3 | | any public body and its employee for the employee's | 4 | | resignation in exchange for payment by the public body. | 5 | | (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; | 6 | | 99-78, eff. 7-20-15; 99-478, eff. 6-1-16 .)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
|
|