Rep. Renée Kosel

Filed: 4/3/2014

 

 


 

 


 
09800HB3664ham003LRB098 13032 HEP 56645 a

1
AMENDMENT TO HOUSE BILL 3664

2    AMENDMENT NO. ______. Amend House Bill 3664, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Freedom of Information Act is amended by
6changing Sections 2 and 2.20 as follows:
 
7    (5 ILCS 140/2)  (from Ch. 116, par. 202)
8    Sec. 2. Definitions. As used in this Act:
9    (a) "Public body" means all legislative, executive,
10administrative, or advisory bodies of the State, state
11universities and colleges, counties, townships, cities,
12villages, incorporated towns, school districts and all other
13municipal corporations, boards, bureaus, committees, or
14commissions of this State, any subsidiary bodies of any of the
15foregoing including but not limited to committees and
16subcommittees thereof, and a School Finance Authority created

 

 

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

 

 

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

 

 

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1picture news for public showing.
2    (g) "Recurrent requester", as used in Section 3.2 of this
3Act, means a person that, in the 12 months immediately
4preceding the request, has submitted to the same public body
5(i) a minimum of 50 requests for records, (ii) a minimum of 15
6requests for records within a 30-day period, or (iii) a minimum
7of 7 requests for records within a 7-day period. For purposes
8of this definition, requests made by news media and non-profit,
9scientific, or academic organizations shall not be considered
10in calculating the number of requests made in the time periods
11in this definition when the principal purpose of the requests
12is (i) to access and disseminate information concerning news
13and current or passing events, (ii) for articles of opinion or
14features of interest to the public, or (iii) for the purpose of
15academic, scientific, or public research 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) "Settlement agreement" means any arrangement for
24payment in exchange for the adjudication or release of a civil
25claim established by an agreement between some or all of the
26parties to the claim.

 

 

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1    (i) "Severance agreement" means a mutual agreement between
2any public body and its employee for the employee's resignation
3in exchange for payment by the public body.
4(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
596-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
 
6    (5 ILCS 140/2.20)
7    Sec. 2.20. Settlement and severance agreements.
8    (a) All settlement agreements entered into by or on behalf
9of a public body are public records subject to inspection and
10copying by the public, provided that information exempt from
11disclosure under Section 7 of this Act may be redacted.
12    (b) A settlement agreement that is funded in whole or part
13by public moneys or that releases a claim against a public body
14shall not require or impose any condition on any party to keep
15allegations, evidence, settlement amounts, or any other
16information confidential, except that which is necessary to
17protect a trade secret, proprietary information, or
18information otherwise exempt from disclosure under Section 7 of
19this Act.
20    (c) A severance agreement that is funded in whole or part
21by public moneys or that releases a claim against a public body
22shall not require or impose any condition on any party to keep
23allegations, evidence, settlement amounts, or any other
24information confidential, except that which is necessary to
25protect a trade secret, proprietary information, or

 

 

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1information otherwise exempt from disclosure under Section 7 of
2this Act.
3    (d) The changes made by this amendatory Act of the 98th
4General Assembly do not apply to settlement agreements and
5severance agreements signed before the effective date of this
6amendatory Act of the 98th General Assembly.
7(Source: P.A. 96-542, eff. 1-1-10.)".