Full Text of HB0303 99th General Assembly
HB0303ham002 99TH GENERAL ASSEMBLY | Rep. Margo McDermed Filed: 3/16/2015
| | 09900HB0303ham002 | | LRB099 06335 HEP 32571 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 303
| 2 | | AMENDMENT NO. ______. Amend House Bill 303, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Freedom of Information Act is amended by | 6 | | changing 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, | 10 | | administrative, or advisory bodies of the State, state | 11 | | universities
and colleges, counties, townships, cities, | 12 | | villages, incorporated towns,
school districts and all other | 13 | | municipal corporations,
boards, bureaus, committees, or | 14 | | commissions of this State, any
subsidiary
bodies of any of the | 15 | | foregoing including but not limited to committees and
| 16 | | subcommittees thereof, and a School Finance Authority created |
| | | 09900HB0303ham002 | - 2 - | LRB099 06335 HEP 32571 a |
|
| 1 | | under
Article 1E of the School Code.
"Public body" does not | 2 | | include a child death review team
or the Illinois Child Death | 3 | | Review Teams
Executive Council
established under
the Child | 4 | | Death Review Team Act, or a regional youth advisory board or | 5 | | the Statewide Youth Advisory Board established under the | 6 | | Department of Children and Family Services Statewide Youth | 7 | | Advisory Board Act.
| 8 | | (b) "Person" means any individual, corporation, | 9 | | partnership, firm,
organization
or association, acting | 10 | | individually or as a group.
| 11 | | (c) "Public records" means all records, reports, forms, | 12 | | writings, letters,
memoranda, books, papers, maps, | 13 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 14 | | data processing records, electronic communications, recorded | 15 | | information and all other
documentary
materials pertaining to | 16 | | the transaction of public business, regardless of physical form | 17 | | or characteristics, having been
prepared by or for, or having | 18 | | been or being used by, received by, in the possession of, or | 19 | | under the
control
of
any public body. | 20 | | (c-5) "Private information" means unique identifiers, | 21 | | including a person's social security number, driver's license | 22 | | number, employee identification number, biometric identifiers, | 23 | | personal financial information, passwords or other access | 24 | | codes, medical records, home or personal telephone numbers, and | 25 | | personal email addresses. Private information also includes | 26 | | home address and personal license plates, except as otherwise |
| | | 09900HB0303ham002 | - 3 - | LRB099 06335 HEP 32571 a |
|
| 1 | | provided by law or when compiled without possibility of | 2 | | attribution to any person. | 3 | | (c-10) "Commercial purpose" means the use of any part of a | 4 | | public record or records, or information derived from public | 5 | | records, in any form for sale, resale, or solicitation or | 6 | | advertisement for sales or services. For purposes of this | 7 | | definition, requests made by news media and non-profit, | 8 | | scientific, or academic organizations shall not be considered | 9 | | to be made for a "commercial purpose" when the principal | 10 | | purpose of the request is (i) to access and disseminate | 11 | | information concerning news and current or passing events, (ii) | 12 | | for articles of opinion or features of interest to the public, | 13 | | or (iii) for the purpose of academic, scientific, or public | 14 | | research or education.
| 15 | | (d) "Copying" means the reproduction of any public record | 16 | | by means of any
photographic, electronic, mechanical or other | 17 | | process, device or means now known or hereafter developed and | 18 | | available to the public body.
| 19 | | (e) "Head of the public body" means the president, mayor, | 20 | | chairman,
presiding
officer, director, superintendent, | 21 | | manager, supervisor or individual otherwise
holding primary | 22 | | executive and administrative authority for the public
body, or | 23 | | such person's duly authorized designee.
| 24 | | (f) "News media" means a newspaper or other periodical | 25 | | issued at regular
intervals whether in print or electronic | 26 | | format, a news service whether
in print or electronic format, a |
| | | 09900HB0303ham002 | - 4 - | LRB099 06335 HEP 32571 a |
|
| 1 | | radio
station, a television station, a television network, a | 2 | | community
antenna television service, or a person or | 3 | | corporation engaged in making news
reels or other motion | 4 | | picture news for public showing.
| 5 | | (g) "Recurrent requester", as used in Section 3.2 of this | 6 | | Act, means a person that, in the 12 months immediately | 7 | | preceding the request, has submitted to the same public body | 8 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 9 | | requests for records within a 30-day period, or (iii) a minimum | 10 | | of 7 requests for records within a 7-day period. For purposes | 11 | | of this definition, requests made by news media and non-profit, | 12 | | scientific, or academic organizations shall not be considered | 13 | | in calculating the number of requests made in the time periods | 14 | | in this definition when the principal purpose of the requests | 15 | | is (i) to access and disseminate information concerning news | 16 | | and current or passing events, (ii) for articles of opinion or | 17 | | features of interest to the public, or (iii) for the purpose of | 18 | | academic, scientific, or public research or education. | 19 | | For the purposes of this subsection (g), "request" means a | 20 | | written document (or oral request, if the public body chooses | 21 | | to honor oral requests) that is submitted to a public body via | 22 | | personal delivery, mail, telefax, electronic mail, or other | 23 | | means available to the public body and that identifies the | 24 | | particular public record the requester seeks. One request may | 25 | | identify multiple records to be inspected or copied. | 26 | | (h) "Voluminous request" means a request that: (i) includes |
| | | 09900HB0303ham002 | - 5 - | LRB099 06335 HEP 32571 a |
|
| 1 | | more than 5 individual requests for more than 5 different | 2 | | categories of records or a combination of individual requests | 3 | | that total requests for more than 5 different categories of | 4 | | records in a period of 20 business days; or (ii) requires the | 5 | | compilation of more than 500 letter or legal-sized pages of | 6 | | public records unless a single requested record exceeds 500 | 7 | | pages. "Single requested record" may include, but is not | 8 | | limited to, one report, form, e-mail, letter, memorandum, book, | 9 | | map, microfilm, tape, or recording. | 10 | | "Voluminous request" does not include a request made by | 11 | | news media and non-profit, scientific, or academic | 12 | | organizations if the principal purpose of the request is: (1) | 13 | | to access and disseminate information concerning news and | 14 | | current or passing events; (2) for articles of opinion or | 15 | | features of interest to the public; or (3) for the purpose of | 16 | | academic, scientific, or public research or education. | 17 | | For the purposes of this subsection (h), "request" means a | 18 | | written document, or oral request, if the public body chooses | 19 | | to honor oral requests, that is submitted to a public body via | 20 | | personal delivery, mail, telefax, electronic mail, or other | 21 | | means available to the public body and that identifies the | 22 | | particular public record or records the requester seeks. One | 23 | | request may identify multiple individual records to be | 24 | | inspected or copied. | 25 | | (i) "Severance agreement" means a mutual agreement between | 26 | | any public body and its employee for the employee's resignation |
| | | 09900HB0303ham002 | - 6 - | LRB099 06335 HEP 32571 a |
|
| 1 | | in exchange for payment by the public body. | 2 | | (Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15; | 3 | | 98-1129, eff. 12-3-14; revised 12-19-14.)
| 4 | | (5 ILCS 140/2.20)
| 5 | | Sec. 2.20. Settlement and severance agreements. All | 6 | | settlement and severance agreements entered into by or on | 7 | | behalf of a public body are public records subject to | 8 | | inspection and copying by the public, provided that information | 9 | | exempt from disclosure under Section 7 of this Act may be | 10 | | redacted.
| 11 | | (Source: P.A. 96-542, eff. 1-1-10.)".
|
|