Illinois General Assembly - Full Text of SB1977
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Full Text of SB1977  100th General Assembly

SB1977 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1977

 

Introduced 2/10/2017, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/1.2
5 ILCS 140/2  from Ch. 116, par. 202

    Amends the Freedom of Information Act. Provides that all records of (instead of "in the custody or possession of") a public body are presumed to be open to inspection or copying. Changes the definition of "public records" by removing the inclusion of material having been or being used by, received by, in the possession of, or under the control of any public body.


LRB100 10752 HEP 20982 b

 

 

A BILL FOR

 

SB1977LRB100 10752 HEP 20982 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 1.2 and 2 as follows:
 
6    (5 ILCS 140/1.2)
7    Sec. 1.2. Presumption. All records in the custody or
8possession of a public body are presumed to be open to
9inspection or copying. Any public body that asserts that a
10record is exempt from disclosure has the burden of proving by
11clear and convincing evidence that it is exempt.
12(Source: P.A. 96-542, eff. 1-1-10.)
 
13    (5 ILCS 140/2)  (from Ch. 116, par. 202)
14    Sec. 2. Definitions. As used in this Act:
15    (a) "Public body" means all legislative, executive,
16administrative, or advisory bodies of the State, state
17universities and colleges, counties, townships, cities,
18villages, incorporated towns, school districts and all other
19municipal corporations, boards, bureaus, committees, or
20commissions of this State, any subsidiary bodies of any of the
21foregoing including but not limited to committees and
22subcommittees 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, or a regional youth advisory board or
5the Statewide Youth Advisory Board established under the
6Department of Children and Family Services Statewide Youth
7Advisory Board Act.
8    (b) "Person" means any individual, corporation,
9partnership, firm, organization or association, acting
10individually or as a group.
11    (c) "Public records" means all records, reports, forms,
12writings, letters, memoranda, books, papers, maps,
13photographs, microfilms, cards, tapes, recordings, electronic
14data processing records, electronic communications, recorded
15information and all other documentary materials pertaining to
16the transaction of public business, regardless of physical form
17or characteristics, having been prepared by or for the public
18body , or having been or being used by, received by, in the
19possession of, or under the control of any public body.
20    (c-5) "Private information" means unique identifiers,
21including a person's social security number, driver's license
22number, employee identification number, biometric identifiers,
23personal financial information, passwords or other access
24codes, medical records, home or personal telephone numbers, and
25personal email addresses. Private information also includes
26home address and personal license plates, except as otherwise

 

 

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1provided by law or when compiled without possibility of
2attribution to any person.
3    (c-10) "Commercial purpose" means the use of any part of a
4public record or records, or information derived from public
5records, in any form for sale, resale, or solicitation or
6advertisement for sales or services. For purposes of this
7definition, requests made by news media and non-profit,
8scientific, or academic organizations shall not be considered
9to be made for a "commercial purpose" when the principal
10purpose of the request is (i) to access and disseminate
11information concerning news and current or passing events, (ii)
12for articles of opinion or features of interest to the public,
13or (iii) for the purpose of academic, scientific, or public
14research or education.
15    (d) "Copying" means the reproduction of any public record
16by means of any photographic, electronic, mechanical or other
17process, device or means now known or hereafter developed and
18available to the public body.
19    (e) "Head of the public body" means the president, mayor,
20chairman, presiding officer, director, superintendent,
21manager, supervisor or individual otherwise holding primary
22executive and administrative authority for the public body, or
23such person's duly authorized designee.
24    (f) "News media" means a newspaper or other periodical
25issued at regular intervals whether in print or electronic
26format, a news service whether in print or electronic format, a

 

 

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1radio station, a television station, a television network, a
2community antenna television service, or a person or
3corporation engaged in making news reels or other motion
4picture news for public showing.
5    (g) "Recurrent requester", as used in Section 3.2 of this
6Act, means a person that, in the 12 months immediately
7preceding the request, has submitted to the same public body
8(i) a minimum of 50 requests for records, (ii) a minimum of 15
9requests for records within a 30-day period, or (iii) a minimum
10of 7 requests for records within a 7-day period. For purposes
11of this definition, requests made by news media and non-profit,
12scientific, or academic organizations shall not be considered
13in calculating the number of requests made in the time periods
14in this definition when the principal purpose of the requests
15is (i) to access and disseminate information concerning news
16and current or passing events, (ii) for articles of opinion or
17features of interest to the public, or (iii) for the purpose of
18academic, scientific, or public research or education.
19    For the purposes of this subsection (g), "request" means a
20written document (or oral request, if the public body chooses
21to honor oral requests) that is submitted to a public body via
22personal delivery, mail, telefax, electronic mail, or other
23means available to the public body and that identifies the
24particular public record the requester seeks. One request may
25identify multiple records to be inspected or copied.
26    (h) "Voluminous request" means a request that: (i) includes

 

 

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

 

 

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1in exchange for payment by the public body.
2(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
399-78, eff. 7-20-15; 99-478, eff. 6-1-16.)