97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3850

 

Introduced 10/19/2011, by Rep. Carol A. Sente

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/2  from Ch. 116, par. 202
55 ILCS 5/5-1131.5 new
65 ILCS 5/1-1-13 new
30 ILCS 805/8.35 new

    Amends the Freedom of Information Act. Provides that the term "public record" includes any agreement between a person or entity and a unit of local government authorizing or requiring the unit of local government to rebate or refund all or a portion of any tax imposed by the unit of local government upon the person or entity. Amends the Counties Code and the Illinois Municipal Code. Requires counties and municipalities to post information related to those agreements on the county's or municipality's website. Preempts the concurrent exercise of home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning local 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 Section 2 as follows:
 
6    (5 ILCS 140/2)  (from Ch. 116, par. 202)
7    Sec. 2. Definitions. As used in this Act:
8    (a) "Public body" means all legislative, executive,
9administrative, or advisory bodies of the State, state
10universities and colleges, counties, townships, cities,
11villages, incorporated towns, school districts and all other
12municipal corporations, boards, bureaus, committees, or
13commissions of this State, any subsidiary bodies of any of the
14foregoing including but not limited to committees and
15subcommittees thereof, and a School Finance Authority created
16under Article 1E of the School Code. "Public body" does not
17include a child death review team or the Illinois Child Death
18Review Teams Executive Council established under the Child
19Death Review Team Act.
20    (b) "Person" means any individual, corporation,
21partnership, firm, organization or association, acting
22individually or as a group.
23    (c) "Public records" means all records, reports, forms,

 

 

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

 

 

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

 

 

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1preceding the request, has submitted to the same public body
2(i) a minimum of 50 requests for records, (ii) a minimum of 15
3requests for records within a 30-day period, or (iii) a minimum
4of 7 requests for records within a 7-day period. For purposes
5of this definition, requests made by news media and non-profit,
6scientific, or academic organizations shall not be considered
7in calculating the number of requests made in the time periods
8in this definition when the principal purpose of the requests
9is (i) to access and disseminate information concerning news
10and current or passing events, (ii) for articles of opinion or
11features of interest to the public, or (iii) for the purpose of
12academic, scientific, or public research or education.
13    For the purposes of this subsection (g), "request" means a
14written document (or oral request, if the public body chooses
15to honor oral requests) that is submitted to a public body via
16personal delivery, mail, telefax, electronic mail, or other
17means available to the public body and that identifies the
18particular public record the requester seeks. One request may
19identify multiple records to be inspected or copied.
20(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
2196-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
 
22    Section 10. The Counties Code is amended by adding Section
235-1131.5 as follows:
 
24    (55 ILCS 5/5-1131.5 new)

 

 

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1    Sec. 5-1131.5. Tax rebate agreements.
2    (a) Within 90 days after the effective date of this
3amendatory Act of the 97th General Assembly, each county that
4maintains a website must post on the county's website
5information pertaining to any agreement between a person or
6entity and the county authorizing or requiring the county to
7rebate or refund all or a portion of any tax imposed by the
8county upon the person or entity. Such information shall
9include the name of the person or entity and the terms of the
10agreement.
11    (b) No home rule unit may adopt posting or publication
12requirements that are less restrictive than this Section. This
13Section is a limitation under subsection (i) of Section 6 of
14Article VII of the Illinois Constitution on the concurrent
15exercise by home rule units of powers and functions exercised
16by the State.
 
17    Section 15. The Illinois Municipal Code is amended by
18adding Section 1-1-13 as follows:
 
19    (65 ILCS 5/1-1-13 new)
20    Sec. 1-1-13. Tax rebate agreements.
21    (a) Within 90 days after the effective date of this
22amendatory Act of the 97th General Assembly, each municipality
23that maintains a website must post on the municipality's
24website information pertaining to any agreement between a

 

 

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1person or entity and the municipality authorizing or requiring
2the municipality to rebate or refund all or a portion of any
3tax imposed by the municipality upon the person or entity. Such
4information shall include the name of the person or entity and
5the terms of the agreement.
6    (b) No home rule unit may adopt posting or publication
7requirements that are less restrictive than this Section. This
8Section is a limitation under subsection (i) of Section 6 of
9Article VII of the Illinois Constitution on the concurrent
10exercise by home rule units of powers and functions exercised
11by the State.
 
12    Section 90. The State Mandates Act is amended by adding
13Section 8.35 as follows:
 
14    (30 ILCS 805/8.35 new)
15    Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8
16of this Act, no reimbursement by the State is required for the
17implementation of any mandate created by this amendatory Act of
18the 97th General Assembly.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.