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Full Text of HB4383  99th General Assembly

HB4383 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4383

 

Introduced , by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/2  from Ch. 116, par. 202
5 ILCS 140/3  from Ch. 116, par. 203
5 ILCS 140/11  from Ch. 116, par. 211

    Amends the Freedom of Information Act. Provides that the term "news media" includes any individual or entity that publishes content for public viewing, regardless of whether the individual or entity earns any income. Provides that any public body responding to a categorical request shall attach a verified statement containing the policies and protocol utilized for any search of electronically stored information, including, but not limited to, exact words, spaces, numerals, capitalization, and all filters used in the search. Provides that if the court rules against a party seeking public inspection of documents or the production of copies of documents, the court shall issue an opinion containing specific factual findings upon which the court made its decision. Provides that any action for injunctive or declaratory relief is subject to the provisions of the Code of Civil Procedure.


LRB099 15690 HEP 39986 b

 

 

A BILL FOR

 

HB4383LRB099 15690 HEP 39986 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, 3, and 11 as follows:
 
6    (5 ILCS 140/2)  (from Ch. 116, par. 202)
7    (Text of Section before amendment by P.A. 99-478)
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
17under Article 1E of the School Code. "Public body" does not
18include a child death review team or the Illinois Child Death
19Review Teams Executive Council established under the Child
20Death Review Team Act, or a regional youth advisory board or
21the Statewide Youth Advisory Board established under the
22Department of Children and Family Services Statewide Youth
23Advisory Board Act.

 

 

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1    (b) "Person" means any individual, corporation,
2partnership, firm, organization or association, acting
3individually or as a group.
4    (c) "Public records" means all records, reports, forms,
5writings, letters, memoranda, books, papers, maps,
6photographs, microfilms, cards, tapes, recordings, electronic
7data processing records, electronic communications, recorded
8information and all other documentary materials pertaining to
9the transaction of public business, regardless of physical form
10or characteristics, having been prepared by or for, or having
11been or being used by, received by, in the possession of, or
12under the control of any public body.
13    (c-5) "Private information" means unique identifiers,
14including a person's social security number, driver's license
15number, employee identification number, biometric identifiers,
16personal financial information, passwords or other access
17codes, medical records, home or personal telephone numbers, and
18personal email addresses. Private information also includes
19home address and personal license plates, except as otherwise
20provided by law or when compiled without possibility of
21attribution to any person.
22    (c-10) "Commercial purpose" means the use of any part of a
23public record or records, or information derived from public
24records, in any form for sale, resale, or solicitation or
25advertisement for sales or services. For purposes of this
26definition, requests made by news media and non-profit,

 

 

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1scientific, or academic organizations shall not be considered
2to be made for a "commercial purpose" when the principal
3purpose of the request is (i) to access and disseminate
4information concerning news and current or passing events, (ii)
5for articles of opinion or features of interest to the public,
6or (iii) for the purpose of academic, scientific, or public
7research or education.
8    (d) "Copying" means the reproduction of any public record
9by means of any photographic, electronic, mechanical or other
10process, device or means now known or hereafter developed and
11available to the public body.
12    (e) "Head of the public body" means the president, mayor,
13chairman, presiding officer, director, superintendent,
14manager, supervisor or individual otherwise holding primary
15executive and administrative authority for the public body, or
16such person's duly authorized designee.
17    (f) "News media" means a newspaper or other periodical
18issued at regular intervals whether in print or electronic
19format, a news service whether in print or electronic format, a
20radio station, a television station, a television network, a
21community antenna television service, or a person or
22corporation engaged in making news reels or other motion
23picture news for public showing, or any individual or entity
24that publishes content for public viewing, regardless of
25whether the individual or entity earns any income.
26    (g) "Recurrent requester", as used in Section 3.2 of this

 

 

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1Act, means a person that, in the 12 months immediately
2preceding the request, has submitted to the same public body
3(i) a minimum of 50 requests for records, (ii) a minimum of 15
4requests for records within a 30-day period, or (iii) a minimum
5of 7 requests for records within a 7-day period. For purposes
6of this definition, requests made by news media and non-profit,
7scientific, or academic organizations shall not be considered
8in calculating the number of requests made in the time periods
9in this definition when the principal purpose of the requests
10is (i) to access and disseminate information concerning news
11and current or passing events, (ii) for articles of opinion or
12features of interest to the public, or (iii) for the purpose of
13academic, scientific, or public research or education.
14    For the purposes of this subsection (g), "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 the requester seeks. One request may
20identify multiple records to be inspected or copied.
21    (h) "Voluminous request" means a request that: (i) includes
22more than 5 individual requests for more than 5 different
23categories of records or a combination of individual requests
24that total requests for more than 5 different categories of
25records in a period of 20 business days; or (ii) requires the
26compilation of more than 500 letter or legal-sized pages of

 

 

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1public records unless a single requested record exceeds 500
2pages. "Single requested record" may include, but is not
3limited to, one report, form, e-mail, letter, memorandum, book,
4map, microfilm, tape, or recording.
5    "Voluminous request" does not include a request made by
6news media and non-profit, scientific, or academic
7organizations if the principal purpose of the request is: (1)
8to access and disseminate information concerning news and
9current or passing events; (2) for articles of opinion or
10features of interest to the public; or (3) for the purpose of
11academic, scientific, or public research or education.
12    For the purposes of this subsection (h), "request" means a
13written document, or oral request, if the public body chooses
14to honor oral requests, that is submitted to a public body via
15personal delivery, mail, telefax, electronic mail, or other
16means available to the public body and that identifies the
17particular public record or records the requester seeks. One
18request may identify multiple individual records to be
19inspected or copied.
20(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
2199-78, eff. 7-20-15.)
 
22    (Text of Section after amendment by P.A. 99-478)
23    Sec. 2. Definitions. As used in this Act:
24    (a) "Public body" means all legislative, executive,
25administrative, or advisory bodies of the State, state

 

 

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1universities and colleges, counties, townships, cities,
2villages, incorporated towns, school districts and all other
3municipal corporations, boards, bureaus, committees, or
4commissions of this State, any subsidiary bodies of any of the
5foregoing including but not limited to committees and
6subcommittees thereof, and a School Finance Authority created
7under Article 1E of the School Code. "Public body" does not
8include a child death review team or the Illinois Child Death
9Review Teams Executive Council established under the Child
10Death Review Team Act, or a regional youth advisory board or
11the Statewide Youth Advisory Board established under the
12Department of Children and Family Services Statewide Youth
13Advisory Board Act.
14    (b) "Person" means any individual, corporation,
15partnership, firm, organization or association, acting
16individually or as a group.
17    (c) "Public records" means all records, reports, forms,
18writings, letters, memoranda, books, papers, maps,
19photographs, microfilms, cards, tapes, recordings, electronic
20data processing records, electronic communications, recorded
21information and all other documentary materials pertaining to
22the transaction of public business, regardless of physical form
23or characteristics, having been prepared by or for, or having
24been or being used by, received by, in the possession of, or
25under the control of any public body.
26    (c-5) "Private information" means unique identifiers,

 

 

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1including a person's social security number, driver's license
2number, employee identification number, biometric identifiers,
3personal financial information, passwords or other access
4codes, medical records, home or personal telephone numbers, and
5personal email addresses. Private information also includes
6home address and personal license plates, except as otherwise
7provided by law or when compiled without possibility of
8attribution to any person.
9    (c-10) "Commercial purpose" means the use of any part of a
10public record or records, or information derived from public
11records, in any form for sale, resale, or solicitation or
12advertisement for sales or services. For purposes of this
13definition, requests made by news media and non-profit,
14scientific, or academic organizations shall not be considered
15to be made for a "commercial purpose" when the principal
16purpose of the request is (i) to access and disseminate
17information concerning news and current or passing events, (ii)
18for articles of opinion or features of interest to the public,
19or (iii) for the purpose of academic, scientific, or public
20research or education.
21    (d) "Copying" means the reproduction of any public record
22by means of any photographic, electronic, mechanical or other
23process, device or means now known or hereafter developed and
24available to the public body.
25    (e) "Head of the public body" means the president, mayor,
26chairman, presiding officer, director, superintendent,

 

 

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1manager, supervisor or individual otherwise holding primary
2executive and administrative authority for the public body, or
3such person's duly authorized designee.
4    (f) "News media" means a newspaper or other periodical
5issued at regular intervals whether in print or electronic
6format, a news service whether in print or electronic format, a
7radio station, a television station, a television network, a
8community antenna television service, or a person or
9corporation engaged in making news reels or other motion
10picture news for public showing, or any individual or entity
11that publishes content for public viewing, regardless of
12whether the individual or entity earns any income.
13    (g) "Recurrent requester", as used in Section 3.2 of this
14Act, means a person that, in the 12 months immediately
15preceding the request, has submitted to the same public body
16(i) a minimum of 50 requests for records, (ii) a minimum of 15
17requests for records within a 30-day period, or (iii) a minimum
18of 7 requests for records within a 7-day period. For purposes
19of this definition, requests made by news media and non-profit,
20scientific, or academic organizations shall not be considered
21in calculating the number of requests made in the time periods
22in this definition when the principal purpose of the requests
23is (i) to access and disseminate information concerning news
24and current or passing events, (ii) for articles of opinion or
25features of interest to the public, or (iii) for the purpose of
26academic, scientific, or public research or education.

 

 

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1    For the purposes of this subsection (g), "request" means a
2written document (or oral request, if the public body chooses
3to honor oral requests) that is submitted to a public body via
4personal delivery, mail, telefax, electronic mail, or other
5means available to the public body and that identifies the
6particular public record the requester seeks. One request may
7identify multiple records to be inspected or copied.
8    (h) "Voluminous request" means a request that: (i) includes
9more than 5 individual requests for more than 5 different
10categories of records or a combination of individual requests
11that total requests for more than 5 different categories of
12records in a period of 20 business days; or (ii) requires the
13compilation of more than 500 letter or legal-sized pages of
14public records unless a single requested record exceeds 500
15pages. "Single requested record" may include, but is not
16limited to, one report, form, e-mail, letter, memorandum, book,
17map, microfilm, tape, or recording.
18    "Voluminous request" does not include a request made by
19news media and non-profit, scientific, or academic
20organizations if the principal purpose of the request is: (1)
21to access and disseminate information concerning news and
22current or passing events; (2) for articles of opinion or
23features of interest to the public; or (3) for the purpose of
24academic, scientific, or public research or education.
25    For the purposes of this subsection (h), "request" means a
26written document, or oral request, if the public body chooses

 

 

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1to honor oral requests, that is submitted to a public body via
2personal delivery, mail, telefax, electronic mail, or other
3means available to the public body and that identifies the
4particular public record or records the requester seeks. One
5request may identify multiple individual records to be
6inspected or copied.
7    (i) "Severance agreement" means a mutual agreement between
8any public body and its employee for the employee's resignation
9in exchange for payment by the public body.
10(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
1199-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
 
12    (5 ILCS 140/3)  (from Ch. 116, par. 203)
13    Sec. 3. (a) Each public body shall make available to any
14person for inspection or copying all public records, except as
15otherwise provided in Sections 7 and 8.5 of this Act.
16Notwithstanding any other law, a public body may not grant to
17any person or entity, whether by contract, license, or
18otherwise, the exclusive right to access and disseminate any
19public record as defined in this Act.
20    (b) Subject to the fee provisions of Section 6 of this Act,
21each public body shall promptly provide, to any person who
22submits a request, a copy of any public record required to be
23disclosed by subsection (a) of this Section and shall certify
24such copy if so requested.
25    (c) Requests for inspection or copies shall be made in

 

 

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1writing and directed to the public body. Written requests may
2be submitted to a public body via personal delivery, mail,
3telefax, or other means available to the public body. A public
4body may honor oral requests for inspection or copying. A
5public body may not require that a request be submitted on a
6standard form or require the requester to specify the purpose
7for a request, except to determine whether the records are
8requested for a commercial purpose or whether to grant a
9request for a fee waiver. All requests for inspection and
10copying received by a public body shall immediately be
11forwarded to its Freedom of Information officer or designee.
12    (d) Each public body shall, promptly, either comply with or
13deny a request for public records within 5 business days after
14its receipt of the request, unless the time for response is
15properly extended under subsection (e) of this Section. Denial
16shall be in writing as provided in Section 9 of this Act.
17Failure to comply with a written request, extend the time for
18response, or deny a request within 5 business days after its
19receipt shall be considered a denial of the request. A public
20body that fails to respond to a request within the requisite
21periods in this Section but thereafter provides the requester
22with copies of the requested public records may not impose a
23fee for such copies. A public body that fails to respond to a
24request received may not treat the request as unduly burdensome
25under subsection (g).
26    (e) The time for response under this Section may be

 

 

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1extended by the public body for not more than 5 business days
2from the original due date for any of the following reasons:
3        (i) the requested records are stored in whole or in
4    part at other locations than the office having charge of
5    the requested records;
6        (ii) the request requires the collection of a
7    substantial number of specified records;
8        (iii) the request is couched in categorical terms and
9    requires an extensive search for the records responsive to
10    it;
11        (iv) the requested records have not been located in the
12    course of routine search and additional efforts are being
13    made to locate them;
14        (v) the requested records require examination and
15    evaluation by personnel having the necessary competence
16    and discretion to determine if they are exempt from
17    disclosure under Section 7 of this Act or should be
18    revealed only with appropriate deletions;
19        (vi) the request for records cannot be complied with by
20    the public body within the time limits prescribed by
21    paragraph (c) of this Section without unduly burdening or
22    interfering with the operations of the public body;
23        (vii) there is a need for consultation, which shall be
24    conducted with all practicable speed, with another public
25    body or among two or more components of a public body
26    having a substantial interest in the determination or in

 

 

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1    the subject matter of the request.
2    The person making a request and the public body may agree
3in writing to extend the time for compliance for a period to be
4determined by the parties. If the requester and the public body
5agree to extend the period for compliance, a failure by the
6public body to comply with any previous deadlines shall not be
7treated as a denial of the request for the records.
8    (f) When additional time is required for any of the above
9reasons, the public body shall, within 5 business days after
10receipt of the request, notify the person making the request of
11the reasons for the extension and the date by which the
12response will be forthcoming. Failure to respond within the
13time permitted for extension shall be considered a denial of
14the request. A public body that fails to respond to a request
15within the time permitted for extension but thereafter provides
16the requester with copies of the requested public records may
17not impose a fee for those copies. A public body that requests
18an extension and subsequently fails to respond to the request
19may not treat the request as unduly burdensome under subsection
20(g).
21    (g) Requests calling for all records falling within a
22category shall be complied with unless compliance with the
23request would be unduly burdensome for the complying public
24body and there is no way to narrow the request and the burden
25on the public body outweighs the public interest in the
26information. Before invoking this exemption, the public body

 

 

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1shall extend to the person making the request an opportunity to
2confer with it in an attempt to reduce the request to
3manageable proportions. If any public body responds to a
4categorical request by stating that compliance would unduly
5burden its operation and the conditions described above are
6met, it shall do so in writing, specifying the reasons why it
7would be unduly burdensome and the extent to which compliance
8will so burden the operations of the public body. Such a
9response shall be treated as a denial of the request for
10information.
11    Repeated requests from the same person for the same records
12that are unchanged or identical to records previously provided
13or properly denied under this Act shall be deemed unduly
14burdensome under this provision.
15    (g-5) Any public body responding to a categorical request
16shall attach a verified statement containing the policies and
17protocol utilized for any search of electronically stored
18information, including, but not limited to, exact words,
19spaces, numerals, capitalization, and all filters used in the
20search.
21    (h) Each public body may promulgate rules and regulations
22in conformity with the provisions of this Section pertaining to
23the availability of records and procedures to be followed,
24including:
25        (i) the times and places where such records will be
26    made available, and

 

 

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1        (ii) the persons from whom such records may be
2    obtained.
3    (i) The time periods for compliance or denial of a request
4to inspect or copy records set out in this Section shall not
5apply to requests for records made for a commercial purpose,
6requests by a recurrent requester, or voluminous requests. Such
7requests shall be subject to the provisions of Sections 3.1,
83.2, and 3.6 of this Act, as applicable.
9(Source: P.A. 98-1129, eff. 12-3-14.)
 
10    (5 ILCS 140/11)  (from Ch. 116, par. 211)
11    Sec. 11. (a) Any person denied access to inspect or copy
12any public record by a public body may file suit for injunctive
13or declaratory relief.
14    (b) Where the denial is from a public body of the State,
15suit may be filed in the circuit court for the county where the
16public body has its principal office or where the person denied
17access resides.
18    (c) Where the denial is from a municipality or other public
19body, except as provided in subsection (b) of this Section,
20suit may be filed in the circuit court for the county where the
21public body is located.
22    (d) The circuit court shall have the jurisdiction to enjoin
23the public body from withholding public records and to order
24the production of any public records improperly withheld from
25the person seeking access. If the public body can show that

 

 

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1exceptional circumstances exist, and that the body is
2exercising due diligence in responding to the request, the
3court may retain jurisdiction and allow the agency additional
4time to complete its review of the records.
5    (e) On motion of the plaintiff, prior to or after in camera
6inspection, the court shall order the public body to provide an
7index of the records to which access has been denied. The index
8shall include the following:
9        (i) A description of the nature or contents of each
10    document withheld, or each deletion from a released
11    document, provided, however, that the public body shall not
12    be required to disclose the information which it asserts is
13    exempt; and
14        (ii) A statement of the exemption or exemptions claimed
15    for each such deletion or withheld document.
16    (f) In any action considered by the court, the court shall
17consider the matter de novo, and shall conduct such in camera
18examination of the requested records as it finds appropriate to
19determine if such records or any part thereof may be withheld
20under any provision of this Act. The burden shall be on the
21public body to establish that its refusal to permit public
22inspection or copying is in accordance with the provisions of
23this Act. Any public body that asserts that a record is exempt
24from disclosure has the burden of proving that it is exempt by
25clear and convincing evidence. If the court rules against a
26party seeking public inspection of documents or the production

 

 

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1of copies of documents, the court shall issue an opinion
2containing specific factual findings upon which the court made
3its decision.
4    (g) In the event of noncompliance with an order of the
5court to disclose, the court may enforce its order against any
6public official or employee so ordered or primarily responsible
7for such noncompliance through the court's contempt powers.
8    (h) Except as to causes the court considers to be of
9greater importance, proceedings arising under this Section
10shall take precedence on the docket over all other causes and
11be assigned for hearing and trial at the earliest practicable
12date and expedited in every way.
13    (i) If a person seeking the right to inspect or receive a
14copy of a public record prevails in a proceeding under this
15Section, the court shall award such person reasonable
16attorney's attorneys' fees and costs. In determining what
17amount of attorney's fees is reasonable, the court shall
18consider the degree to which the relief obtained relates to the
19relief sought. The changes contained in this subsection apply
20to an action filed on or after January 1, 2010 (the effective
21date of Public Act 96-542) this amendatory Act of the 96th
22General Assembly.
23    (j) If the court determines that a public body willfully
24and intentionally failed to comply with this Act, or otherwise
25acted in bad faith, the court shall also impose upon the public
26body a civil penalty of not less than $2,500 nor more than

 

 

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1$5,000 for each occurrence. In assessing the civil penalty, the
2court shall consider in aggravation or mitigation the budget of
3the public body and whether the public body has previously been
4assessed penalties for violations of this Act. The changes
5contained in this subsection apply to an action filed on or
6after January 1, 2010 (the effective date of Public Act 96-542)
7this amendatory Act of the 96th General Assembly.
8    (k) Any action for injunctive or declaratory relief filed
9under this Section is subject to the provisions of the Code of
10Civil Procedure.
11(Source: P.A. 96-542, eff. 1-1-10; 97-813, eff. 7-13-12;
12revised 10-14-15.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.