Sen. Martin A. Sandoval

Filed: 2/29/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3773

2    AMENDMENT NO. ______. Amend Senate Bill 3773 by replacing
3everything after the enacting clause with the following:
 
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" also means

 

 

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1any not-for-profit organization that receives moneys from any
2fund of the State Treasury, grant program, or other funding
3source administered by the State of Illinois but only with
4respect to the use of those moneys by that organization.
5"Public body" does not include a child death review team or the
6Illinois Child Death Review Teams Executive Council
7established under the Child Death Review Team 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, or having
18been or being used by, received by, in the possession of, or
19under 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(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;

 

 

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196-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".