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Public Act 099-0478
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| HB0303 Enrolled | LRB099 06335 HEP 26405 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Freedom of Information Act is amended by |
changing Sections 2 and 2.20 as follows:
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(5 ILCS 140/2) (from Ch. 116, par. 202)
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Sec. 2. Definitions. As used in this Act:
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(a) "Public body" means all legislative,
executive, |
administrative, or advisory bodies of the State, state |
universities
and colleges, counties, townships, cities, |
villages, incorporated towns,
school districts and all other |
municipal corporations,
boards, bureaus, committees, or |
commissions of this State, any
subsidiary
bodies of any of the |
foregoing including but not limited to committees and
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subcommittees thereof, and a School Finance Authority created |
under
Article 1E of the School Code.
"Public body" does not |
include a child death review team
or the Illinois Child Death |
Review Teams
Executive Council
established under
the Child |
Death Review Team Act, or a regional youth advisory board or |
the Statewide Youth Advisory Board established under the |
Department of Children and Family Services Statewide Youth |
Advisory Board Act.
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(b) "Person" means any individual, corporation, |
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partnership, firm,
organization
or association, acting |
individually or as a group.
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(c) "Public records" means all records, reports, forms, |
writings, letters,
memoranda, books, papers, maps, |
photographs, microfilms, cards, tapes,
recordings,
electronic |
data processing records, electronic communications, recorded |
information and all other
documentary
materials pertaining to |
the transaction of public business, regardless of physical form |
or characteristics, having been
prepared by or for, or having |
been or being used by, received by, in the possession of, or |
under the
control
of
any public body. |
(c-5) "Private information" means unique identifiers, |
including a person's social security number, driver's license |
number, employee identification number, biometric identifiers, |
personal financial information, passwords or other access |
codes, medical records, home or personal telephone numbers, and |
personal email addresses. Private information also includes |
home address and personal license plates, except as otherwise |
provided by law or when compiled without possibility of |
attribution to any person. |
(c-10) "Commercial purpose" means the use of any part of a |
public record or records, or information derived from public |
records, in any form for sale, resale, or solicitation or |
advertisement for sales or services. For purposes of this |
definition, requests made by news media and non-profit, |
scientific, or academic organizations shall not be considered |
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to be made for a "commercial purpose" when the principal |
purpose of the request is (i) to access and disseminate |
information concerning news and current or passing events, (ii) |
for articles of opinion or features of interest to the public, |
or (iii) for the purpose of academic, scientific, or public |
research or education.
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(d) "Copying" means the reproduction of any public record |
by means of any
photographic, electronic, mechanical or other |
process, device or means now known or hereafter developed and |
available to the public body.
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(e) "Head of the public body" means the president, mayor, |
chairman,
presiding
officer, director, superintendent, |
manager, supervisor or individual otherwise
holding primary |
executive and administrative authority for the public
body, or |
such person's duly authorized designee.
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(f) "News media" means a newspaper or other periodical |
issued at regular
intervals whether in print or electronic |
format, a news service whether
in print or electronic format, a |
radio
station, a television station, a television network, a |
community
antenna television service, or a person or |
corporation engaged in making news
reels or other motion |
picture news for public showing.
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(g) "Recurrent requester", as used in Section 3.2 of this |
Act, means a person that, in the 12 months immediately |
preceding the request, has submitted to the same public body |
(i) a minimum of 50 requests for records, (ii) a minimum of 15 |
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requests for records within a 30-day period, or (iii) a minimum |
of 7 requests for records within a 7-day period. For purposes |
of this definition, requests made by news media and non-profit, |
scientific, or academic organizations shall not be considered |
in calculating the number of requests made in the time periods |
in this definition when the principal purpose of the requests |
is (i) to access and disseminate information concerning news |
and current or passing events, (ii) for articles of opinion or |
features of interest to the public, or (iii) for the purpose of |
academic, scientific, or public research or education. |
For the purposes of this subsection (g), "request" means a |
written document (or oral request, if the public body chooses |
to honor oral requests) that is submitted to a public body via |
personal delivery, mail, telefax, electronic mail, or other |
means available to the public body and that identifies the |
particular public record the requester seeks. One request may |
identify multiple records to be inspected or copied. |
(h) "Voluminous request" means a request that: (i) includes |
more than 5 individual requests for more than 5 different |
categories of records or a combination of individual requests |
that total requests for more than 5 different categories of |
records in a period of 20 business days; or (ii) requires the |
compilation of more than 500 letter or legal-sized pages of |
public records unless a single requested record exceeds 500 |
pages. "Single requested record" may include, but is not |
limited to, one report, form, e-mail, letter, memorandum, book, |
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map, microfilm, tape, or recording. |
"Voluminous request" does not include a request made by |
news media and non-profit, scientific, or academic |
organizations if the principal purpose of the request is: (1) |
to access and disseminate information concerning news and |
current or passing events; (2) for articles of opinion or |
features of interest to the public; or (3) for the purpose of |
academic, scientific, or public research or education. |
For the purposes of this subsection (h), "request" means a |
written document, or oral request, if the public body chooses |
to honor oral requests, that is submitted to a public body via |
personal delivery, mail, telefax, electronic mail, or other |
means available to the public body and that identifies the |
particular public record or records the requester seeks. One |
request may identify multiple individual records to be |
inspected or copied. |
(i) "Severance agreement" means a mutual agreement between |
any public body and its employee for the employee's resignation |
in exchange for payment by the public body. |
(Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15; |
98-1129, eff. 12-3-14; revised 12-19-14.)
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(5 ILCS 140/2.20)
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Sec. 2.20. Settlement and severance agreements. All |
settlement and severance agreements entered into by or on |
behalf of a public body are public records subject to |