Full Text of HB6053 96th General Assembly
HB6053ham003 96TH GENERAL ASSEMBLY
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Rep. John A. Fritchey
Filed: 3/24/2010
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| AMENDMENT TO HOUSE BILL 6053
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| AMENDMENT NO. ______. Amend House Bill 6053, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Illinois Accurate Government Records Act. | 7 |
| Section 5. Definitions. For purposes of this Act:
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| "Individual" means a natural person.
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| "Maintain" means to maintain, collect, use, or | 10 |
| disseminate. | 11 |
| "Public body" means all legislative, executive, | 12 |
| administrative, or advisory bodies of the State, State | 13 |
| universities and colleges, counties, townships, cities, | 14 |
| villages, incorporated towns, school districts, and all other | 15 |
| municipal corporations, boards, bureaus, committees, or | 16 |
| commissions of this State, any subsidiary bodies of any of the |
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| foregoing, including, but not limited to, committees and | 2 |
| subcommittees thereof, and a School Finance Authority created | 3 |
| under Article 1E of the School Code. "Public body" does not | 4 |
| include a body established by the Child Death Review Team Act, | 5 |
| individual elected or appointed officials, individual | 6 |
| employees of a public body, the legislative offices of members | 7 |
| of the General Assembly, the Department of Corrections, the | 8 |
| Department of Juvenile Justice, or the Prisoner Review Board.
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| "Record of personal information" means any information | 10 |
| collected or maintained in a system of records by a public body | 11 |
| that is attributable to an individual by name, identifying | 12 |
| number, or other form of identification assigned to the | 13 |
| individual. "Record of personal information" does not include | 14 |
| any information collected or maintained pursuant to the | 15 |
| Personnel Record Review Act, the School Student Record Act, or | 16 |
| the federal Driver's Privacy Protection Act.
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| "Routine use" means, with respect to the disclosure of a
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| record, the use of the record for a purpose that is compatible
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| with the purpose for which it was collected, including use in | 20 |
| the collection of delinquent child support or of any State debt | 21 |
| or by a governmental agency to assist with an investigation or | 22 |
| the prevention of fraud.
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| "System of records" means a group of records collected or | 24 |
| maintained by a public body from which information is | 25 |
| attributable to an individual and can be retrieved by name, | 26 |
| identifying number, or other form of identification assigned to |
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| an individual.
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| Section 10. Access to records of personal information.
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| (a) A public body shall make available to an individual for | 4 |
| inspection and copying any record of personal information | 5 |
| attributable to that individual in a system of records | 6 |
| collected or maintained by the public body. Requests for | 7 |
| inspection or copies shall be made in writing and directed to | 8 |
| the public body. Written requests may be submitted to a public | 9 |
| body via personal delivery, mail, telefax, or other means | 10 |
| available to the public body. All requests for inspection and | 11 |
| copying received by a public body shall immediately be | 12 |
| forwarded to its Freedom of Information officer or designee.
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| (b) Each public body shall comply with or deny a request | 14 |
| for inspection or copying any record of personal information | 15 |
| within 10 business days after its receipt of the request, | 16 |
| unless the public body provides the individual with a written | 17 |
| explanation detailing the circumstances causing a delay and a | 18 |
| date no more than 30 days after the date of the receipt by | 19 |
| which the public body will comply or deny a request.
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| (c) A public body shall not comply with a request to | 21 |
| inspect or copy any record of personal information for any of | 22 |
| the following reasons:
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| (1) the record of personal information is maintained by | 24 |
| a public body that performs or has as a principal function | 25 |
| any activity pertaining to the prevention, control, or |
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| reduction of crime and the record of personal information | 2 |
| is maintained in a system of records maintained for the | 3 |
| purpose of criminal intelligence or investigation and | 4 |
| would not otherwise be accessible under the Freedom of | 5 |
| Information Act;
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| (2) the disclosure of a record of personal information | 7 |
| would reveal the identity of a source who furnished | 8 |
| information to the public body under an express or implied | 9 |
| promise of confidentiality;
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| (3) the record of personal information is part of or | 11 |
| contained in testing or examination materials or scoring | 12 |
| keys used solely to determine individual qualifications | 13 |
| for appointment or promotion in public employment, or used | 14 |
| as or to administer a licensing examination or an academic | 15 |
| examination, the disclosure of which would compromise the | 16 |
| objectivity, fairness, or effectiveness of the testing or | 17 |
| examination process;
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| (4) the record of personal information is part of or | 19 |
| contained in investigative reports and materials related | 20 |
| to an individual that is the subject of an upcoming, | 21 |
| ongoing, or pending civil or criminal action, | 22 |
| administrative investigation, or administrative | 23 |
| proceeding;
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| (5) the record of personal information is part of or | 25 |
| contained in information required to be withheld from the | 26 |
| individual to whom it pertains by statute or judicial |
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| decision or authorized to be so withheld by constitutional | 2 |
| or statutory privilege; or
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| (6) the public body does not maintain a system of | 4 |
| records applicable to the request for records of personal | 5 |
| information. | 6 |
| (d) Nothing in this Section shall be construed to permit or
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| require a public body to withhold or deny access to a record of | 8 |
| personal information maintained in a system of records where | 9 |
| any statute, administrative rule, rule of court, judicial | 10 |
| decision, or other law authorizes or allows an individual to | 11 |
| gain access to a record of personal information.
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| (e) Requests calling for all records falling within a | 13 |
| category shall be complied with unless there is no way to | 14 |
| narrow the request and the burden on the public body outweighs | 15 |
| the public interest in the information. Before denying a | 16 |
| request, the public body shall extend to the person making the | 17 |
| request an opportunity to confer with it in an attempt to | 18 |
| reduce the request to manageable proportions. A public body | 19 |
| responding to a categorical request by stating that compliance | 20 |
| would unduly burden its operation shall specify the reasons why | 21 |
| it would be unduly burdensome and the extent to which | 22 |
| compliance will so burden the operations of the public body. | 23 |
| (f) An individual's request to one department for access to | 24 |
| a record of personal information shall not oblige that | 25 |
| department to seek out any records of personal information | 26 |
| located in another department. |
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| Section 15. Changes to records of personal information.
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| (a) A public body shall permit an individual to submit a | 3 |
| written request for changes to a record of personal information | 4 |
| if the individual believes the information is not accurate, | 5 |
| relevant, timely, or complete. A request must state the | 6 |
| information to be changed, the reason for the change, and any | 7 |
| information supporting the request for change.
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| (b) Within 30 days after the date of receipt of such | 9 |
| request, a public body shall either (1) change a record of | 10 |
| personal information in accordance with the request, or (2) | 11 |
| inform the individual of its decision not to change the | 12 |
| personal record and provide a specific reason for the decision, | 13 |
| the description of the procedures established by the public | 14 |
| body for the individual to request the head of the public body | 15 |
| or a designee of the head of the public body review the | 16 |
| decision, and the name of the persons responsible for the | 17 |
| denial of the request.
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| (c) If a public body does not make the requested change, | 19 |
| the public body shall permit the individual to appeal the | 20 |
| decision to the head of the public body or a designee of the | 21 |
| head of the public body. The head of the public body or the | 22 |
| designee shall review and make a final determination not later | 23 |
| than 30 days after the date of receipt of the appeal.
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| (d) If the head of the public body or designee affirms the | 25 |
| decision of the public body not to change the record of |
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| personal information in accordance with the request, the public | 2 |
| body shall permit the individual to file with the public body a | 3 |
| statement of no more than 1,500 words setting forth the reasons | 4 |
| for the individual's disagreement.
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| (e) If the public body discloses to any person the portion | 6 |
| of the record for which the individual has filed a statement of | 7 |
| under subsection (d), the public body shall clearly note in the | 8 |
| record that a statement has been filed and, upon request, make | 9 |
| a copy of the statement available. The public body may provide | 10 |
| a concise statement of the reasons of the public body for not | 11 |
| changing the record.
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| Section 20. Limitations on a public body's disclosure of | 13 |
| records of personal information.
No public body shall disclose | 14 |
| any record of personal information to any person or public | 15 |
| body, except pursuant to a written request by or with the prior | 16 |
| written consent of the individual to whom the record pertains, | 17 |
| unless the record of personal information is disclosed:
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| (1) to officers and employees of the public body that | 19 |
| maintains the record who have a need for the record in the | 20 |
| performance of their duties;
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| (2) pursuant to a request under the Freedom of | 22 |
| Information Act;
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| (3) for a routine use;
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| (4) to a recipient who has provided the public body | 25 |
| with advance adequate written assurance that the record |
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| will be used solely as a statistical research or reporting | 2 |
| record, and the record is to be transferred in a form that | 3 |
| is not individually identifiable;
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| (5) to the State archives as a record that has | 5 |
| sufficient historical or other value to warrant its | 6 |
| continued preservation;
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| (6) to another public body or to an instrumentality of | 8 |
| any governmental jurisdiction within or under the control | 9 |
| of the United States for a civil or criminal law | 10 |
| enforcement activity if the activity is authorized by law, | 11 |
| and if the head of the public body or instrumentality has | 12 |
| made a written request to the public body that maintains | 13 |
| the record specifying the particular portion desired and | 14 |
| the law enforcement activity for which the record is | 15 |
| sought;
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| (7) to a person pursuant to a showing of compelling | 17 |
| circumstances affecting the health or safety of an | 18 |
| individual if upon such disclosure notification is | 19 |
| transmitted to the last known address of the individual;
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| (8) to the General Assembly, a joint committee of the | 21 |
| General Assembly, or a committee or subcommittee of either | 22 |
| chamber;
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| (9) to either the Comptroller or the Auditor General, | 24 |
| or any of his or her authorized representatives, in the | 25 |
| course of the performance of his or her duties;
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| (10) to a consumer reporting agency as permitted or |
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| allowed by federal or State statute; or
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| (11) pursuant to federal or State law or the order of a | 3 |
| court.
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| Section 25. Limitations on a public body's maintenance of | 5 |
| systems of records.
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| (a) Each public body that maintains a system of records | 7 |
| shall:
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| (1) maintain only the information about an individual | 9 |
| that is relevant and necessary to accomplish a purpose of | 10 |
| the public body that is required or authorized by the | 11 |
| Illinois Constitution or statute or mandated by the federal | 12 |
| government;
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| (2) post a notice on the website of the public body | 14 |
| with a description of the types of system of records | 15 |
| maintained by the public body;
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| (3) maintain all records that are used by the public | 17 |
| body in making any determination about any individual with | 18 |
| accuracy, relevance, timeliness, and completeness as is | 19 |
| reasonably necessary to ensure fairness to the individual | 20 |
| in the determination;
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| (4) establish appropriate and reasonable safeguards to | 22 |
| ensure compliance with the provisions of this Act, the | 23 |
| security and confidentiality of records, and protect | 24 |
| against anticipated threats or hazards that could result in | 25 |
| any injury, including rules of conduct for persons involved |
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| in the design, development, operation, disclosure, or | 2 |
| maintenance of records containing personal information; | 3 |
| and | 4 |
| (5) maintain no record of personal information in a | 5 |
| system of records describing how any individual exercises | 6 |
| rights guaranteed by the First Amendment to the United | 7 |
| States Constitution or Section 3, 4, or 5 of Article I of | 8 |
| the Illinois Constitution, unless maintenance is | 9 |
| authorized by statute, authorized by the individual, or | 10 |
| pertinent to and within the scope of an authorized | 11 |
| investigation or the description of the exercise of rights | 12 |
| comprises evidence of criminal activity. | 13 |
| (b) Prior to bringing an action in accordance with Section | 14 |
| 30 alleging violations of subsection (a), the individual shall | 15 |
| notify the public body that the individual objects to the | 16 |
| public body's maintenance of the record of personal information | 17 |
| and the public body shall have an opportunity to decide whether | 18 |
| to remove or amend the disputed information. | 19 |
| Section 30. Civil remedies.
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| (a) An individual may bring a civil action against a public | 21 |
| body in a circuit court of the State, after appropriate | 22 |
| administrative remedies have been exhausted, as follows: | 23 |
| (1) if a public body fails to comply with Section 10 of | 24 |
| this Act, then the court may order the public body to | 25 |
| disclose a record of personal information; |
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| (2) if a public body fails to comply with Section 15 of | 2 |
| this Act, then the court may order the public body to | 3 |
| accept a statement of disagreement from the individual and | 4 |
| make the statement part of the record; | 5 |
| (3) if a public body fails to comply with Section 20 of | 6 |
| this Act, and such violation has an adverse effect on the | 7 |
| individual, and the public body acted in a manner that was | 8 |
| intentional or willful, then the court may order the public | 9 |
| body not to continue to disclose the individual's record of | 10 |
| personal information; and | 11 |
| (4) whenever a public body fails to comply with part | 12 |
| (3) or (5) of Section 25 of this Act, and such violation | 13 |
| has an adverse effect on the individual, and the public | 14 |
| body acted in a manner that was intentional or willful, the | 15 |
| court may order the public body to expunge information from | 16 |
| the individual's personal record. | 17 |
| (b) If an individual prevails in a civil action under this | 18 |
| Section, then the court may order the public body to pay the | 19 |
| individual all or a portion of the costs of maintaining the | 20 |
| action, including reasonable attorney's fees.
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| (c) An action may be brought against a public body of the | 22 |
| State in the circuit court in Cook or Sangamon counties. An | 23 |
| action may be brought against any other public body in the | 24 |
| circuit court for the county where the public body is located.
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| In any action considered by the court, the court shall consider | 26 |
| the matter de novo, and shall conduct such in camera |
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| examination of the requested records as it finds appropriate to | 2 |
| determine if such records or any part thereof may be withheld | 3 |
| under any provision of this Act. | 4 |
| (d) No action shall be brought later than 2 years after | 5 |
| notification of the public body's denial.
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| (e) If an individual brings any action under this Section | 7 |
| that is not well grounded in fact, or is not warranted by | 8 |
| existing law or a good-faith argument for the extension, | 9 |
| modification, or reversal of existing law, then the court may | 10 |
| impose an appropriate sanction upon the individual, which may | 11 |
| include an order to pay the public body the amount of | 12 |
| reasonable expenses incurred because of the filing of the | 13 |
| action, including reasonable attorney's fees.
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| Section 35. Rights of legal guardians. For the purposes of | 15 |
| this Act, the parent of any minor, or the legal guardian of any | 16 |
| individual who has been declared to be incompetent due to | 17 |
| physical or mental incapacity or age by a court of competent | 18 |
| jurisdiction, may act on behalf of the individual.".
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