Full Text of SB2427 102nd General Assembly
SB2427 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2427 Introduced 2/26/2021, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: |
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5 ILCS 140/2 | from Ch. 116, par. 202 |
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Amends the Freedom of Information Act. Provides that "public body" includes: (1) a nonprofit entity that is created to manage State-owned real property under the jurisdiction of the Metropolitan Pier and Exposition Authority; and (2) a nonprofit entity that, in furtherance of a public purpose, enters into a contract to provide goods or services related to State-owned real property under the jurisdiction of the Metropolitan Pier and Exposition Authority.
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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" includes: | 17 | | (1) a nonprofit entity that is created to manage State-owned | 18 | | real property under the jurisdiction of the Metropolitan Pier | 19 | | and Exposition Authority; and (2) a nonprofit entity that, in | 20 | | furtherance of a public purpose, enters into a contract to | 21 | | provide goods or services related to State-owned real property | 22 | | under the jurisdiction of the Metropolitan Pier and Exposition | 23 | | Authority.
"Public body" does not include a child death review |
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| 1 | | team
or the Illinois Child Death Review Teams
Executive | 2 | | Council
established under
the Child Death Review Team Act, or | 3 | | a regional youth advisory board or the Statewide Youth | 4 | | Advisory Board established under the Department of Children | 5 | | and Family Services Statewide Youth Advisory Board Act.
| 6 | | (b) "Person" means any individual, corporation, | 7 | | partnership, firm,
organization
or association, acting | 8 | | individually or as a group.
| 9 | | (c) "Public records" means all records, reports, forms, | 10 | | writings, letters,
memoranda, books, papers, maps, | 11 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 12 | | data processing records, electronic communications, recorded | 13 | | information and all other
documentary
materials pertaining to | 14 | | the transaction of public business, regardless of physical | 15 | | form or characteristics, having been
prepared by or for, or | 16 | | having been or being used by, received by, in the possession | 17 | | of, or under the
control
of
any public body. | 18 | | (c-5) "Private information" means unique identifiers, | 19 | | including a person's social security number, driver's license | 20 | | number, employee identification number, biometric identifiers, | 21 | | personal financial information, passwords or other access | 22 | | codes, medical records, home or personal telephone numbers, | 23 | | and personal email addresses. Private information also | 24 | | includes home address and personal license plates, except as | 25 | | otherwise provided by law or when compiled without possibility | 26 | | of attribution to any person. |
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| 1 | | (c-10) "Commercial purpose" means the use of any part of a | 2 | | public record or records, or information derived from public | 3 | | records, in any form for sale, resale, or solicitation or | 4 | | advertisement for sales or services. For purposes of this | 5 | | definition, requests made by news media and non-profit, | 6 | | scientific, or academic organizations shall not be considered | 7 | | to be made for a "commercial purpose" when the principal | 8 | | purpose of the request is (i) to access and disseminate | 9 | | information concerning news and current or passing events, | 10 | | (ii) for articles of opinion or features of interest to the | 11 | | public, or (iii) for the purpose of academic, scientific, or | 12 | | public research or education.
| 13 | | (d) "Copying" means the reproduction of any public record | 14 | | by means of any
photographic, electronic, mechanical or other | 15 | | process, device or means now known or hereafter developed and | 16 | | available to the public body.
| 17 | | (e) "Head of the public body" means the president, mayor, | 18 | | chairman,
presiding
officer, director, superintendent, | 19 | | manager, supervisor or individual otherwise
holding primary | 20 | | executive and administrative authority for the public
body, or | 21 | | such person's duly authorized designee.
| 22 | | (f) "News media" means a newspaper or other periodical | 23 | | issued at regular
intervals whether in print or electronic | 24 | | format, a news service whether
in print or electronic format, | 25 | | a radio
station, a television station, a television network, a | 26 | | community
antenna television service, or a person or |
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| 1 | | corporation engaged in making news
reels or other motion | 2 | | picture news for public showing.
| 3 | | (g) "Recurrent requester", as used in Section 3.2 of this | 4 | | Act, means a person that, in the 12 months immediately | 5 | | preceding the request, has submitted to the same public body | 6 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 7 | | requests for records within a 30-day period, or (iii) a | 8 | | minimum of 7 requests for records within a 7-day period. For | 9 | | purposes of this definition, requests made by news media and | 10 | | non-profit, scientific, or academic organizations shall not be | 11 | | considered in calculating the number of requests made in the | 12 | | time periods in this definition when the principal purpose of | 13 | | the requests is (i) to access and disseminate information | 14 | | concerning news and current or passing events, (ii) for | 15 | | articles of opinion or features of interest to the public, or | 16 | | (iii) for the purpose of academic, scientific, or public | 17 | | research or education. | 18 | | For the purposes of this subsection (g), "request" means a | 19 | | written document (or oral request, if the public body chooses | 20 | | to honor oral requests) that is submitted to a public body via | 21 | | personal delivery, mail, telefax, electronic mail, or other | 22 | | means available to the public body and that identifies the | 23 | | particular public record the requester seeks. One request may | 24 | | identify multiple records to be inspected or copied. | 25 | | (h) "Voluminous request" means a request that: (i) | 26 | | includes more than 5 individual requests for more than 5 |
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| 1 | | different categories of records or a combination of individual | 2 | | requests that total requests for more than 5 different | 3 | | categories of records in a period of 20 business days; or (ii) | 4 | | requires the compilation of more than 500 letter or | 5 | | legal-sized pages of public records unless a single requested | 6 | | record exceeds 500 pages. "Single requested record" may | 7 | | include, but is not limited to, one report, form, e-mail, | 8 | | letter, memorandum, book, map, microfilm, tape, or recording. | 9 | | "Voluminous request" does not include a request made by | 10 | | news media and non-profit, scientific, or academic | 11 | | organizations if the principal purpose of the request is: (1) | 12 | | to access and disseminate information concerning news and | 13 | | current or passing events; (2) for articles of opinion or | 14 | | features of interest to the public; or (3) for the purpose of | 15 | | academic, scientific, or public research or education. | 16 | | For the purposes of this subsection (h), "request" means a | 17 | | written document, or oral request, if the public body chooses | 18 | | to honor oral requests, that is submitted to a public body via | 19 | | personal delivery, mail, telefax, electronic mail, or other | 20 | | means available to the public body and that identifies the | 21 | | particular public record or records the requester seeks. One | 22 | | request may identify multiple individual records to be | 23 | | inspected or copied. | 24 | | (i) "Severance agreement" means a mutual agreement between | 25 | | any public body and its employee for the employee's | 26 | | resignation in exchange for payment by the public body. |
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| 1 | | (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; | 2 | | 99-78, eff. 7-20-15; 99-478, eff. 6-1-16 .)
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