Illinois General Assembly - Full Text of HB2816
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Full Text of HB2816  102nd General Assembly

HB2816 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2816

 

Introduced 2/19/2021, by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/2  from Ch. 116, par. 202
5 ILCS 140/2.16 new

    Amends the Freedom of Information Act. Provides that "public body" includes road districts and any combination of public bodies under an intergovernmental agreement that includes provisions for a governing body of the agency created by the agreement. Defines "Freedom of Information officer" as an employee or official of a public body who is appointed by the public body and responsible for responding to all requests for information received by the public body. Provides that the Department of State Police shall furnish to a requester: (1) all information contained in the Law Enforcement Agencies Data System about the requester; and (2) every instance the name or vehicle registration information of the requester was queried and the name of the person making the inquiry. Provides that the information provided to a requester shall include all information contained in the Law Enforcement Agencies Data System relating to the requester, and is not limited to name and license plate information.


LRB102 14572 HEP 19925 b

 

 

A BILL FOR

 

HB2816LRB102 14572 HEP 19925 b

1    AN ACT concerning 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 and by adding Section 2.16 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, road
11districts, cities, villages, incorporated towns, school
12districts and all other municipal corporations, boards,
13bureaus, committees, or commissions of this State, any
14subsidiary bodies of any of the foregoing including but not
15limited to committees and subcommittees thereof, and a School
16Finance Authority created under Article 1E of the School Code,
17and any combination of the above under an intergovernmental
18agreement that includes provisions for a governing body of the
19agency created by the agreement. "Public body" does not
20include a child death review team or the Illinois Child Death
21Review Teams Executive Council established under the Child
22Death Review Team Act, or a regional youth advisory board or
23the Statewide Youth Advisory Board established under the

 

 

HB2816- 2 -LRB102 14572 HEP 19925 b

1Department of Children and Family Services Statewide Youth
2Advisory Board Act.
3    (b) "Person" means any individual, corporation,
4partnership, firm, organization or association, acting
5individually or as a group.
6    (c) "Public records" means all records, reports, forms,
7writings, letters, memoranda, books, papers, maps,
8photographs, microfilms, cards, tapes, recordings, electronic
9data processing records, electronic communications, recorded
10information and all other documentary materials pertaining to
11the transaction of public business, regardless of physical
12form or characteristics, having been prepared by or for, or
13having been or being used by, received by, in the possession
14of, or under the control of any public body.
15    (c-5) "Private information" means unique identifiers,
16including a person's social security number, driver's license
17number, employee identification number, biometric identifiers,
18personal financial information, passwords or other access
19codes, medical records, home or personal telephone numbers,
20and personal email addresses. Private information also
21includes home address and personal license plates, except as
22otherwise provided by law or when compiled without possibility
23of attribution to any person.
24    (c-10) "Commercial purpose" means the use of any part of a
25public record or records, or information derived from public
26records, in any form for sale, resale, or solicitation or

 

 

HB2816- 3 -LRB102 14572 HEP 19925 b

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

 

 

HB2816- 4 -LRB102 14572 HEP 19925 b

1Act, means a person that, in the 12 months immediately
2preceding the request, has submitted to the same public body
3(i) a minimum of 50 requests for records, (ii) a minimum of 15
4requests for records within a 30-day period, or (iii) a
5minimum of 7 requests for records within a 7-day period. For
6purposes of this definition, requests made by news media and
7non-profit, scientific, or academic organizations shall not be
8considered in calculating the number of requests made in the
9time periods in this definition when the principal purpose of
10the requests is (i) to access and disseminate information
11concerning news and current or passing events, (ii) for
12articles of opinion or features of interest to the public, or
13(iii) for the purpose of academic, scientific, or public
14research or education.
15    For the purposes of this subsection (g), "request" means a
16written document (or oral request, if the public body chooses
17to honor oral requests) that is submitted to a public body via
18personal delivery, mail, telefax, electronic mail, or other
19means available to the public body and that identifies the
20particular public record the requester seeks. One request may
21identify multiple records to be inspected or copied.
22    (h) "Voluminous request" means a request that: (i)
23includes more than 5 individual requests for more than 5
24different categories of records or a combination of individual
25requests that total requests for more than 5 different
26categories of records in a period of 20 business days; or (ii)

 

 

HB2816- 5 -LRB102 14572 HEP 19925 b

1requires the compilation of more than 500 letter or
2legal-sized pages of public records unless a single requested
3record exceeds 500 pages. "Single requested record" may
4include, but is not limited to, one report, form, e-mail,
5letter, memorandum, book, map, microfilm, tape, or recording.
6    "Voluminous request" does not include a request made by
7news media and non-profit, scientific, or academic
8organizations if the principal purpose of the request is: (1)
9to access and disseminate information concerning news and
10current or passing events; (2) for articles of opinion or
11features of interest to the public; or (3) for the purpose of
12academic, scientific, or public research or education.
13    For the purposes of this subsection (h), "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 or records the requester seeks. One
19request may identify multiple individual records to be
20inspected or copied.
21    (i) "Severance agreement" means a mutual agreement between
22any public body and its employee for the employee's
23resignation in exchange for payment by the public body.
24    (j) "Freedom of Information officer" means an employee or
25official of a public body who is appointed by the public body
26and responsible for responding to all requests for information

 

 

HB2816- 6 -LRB102 14572 HEP 19925 b

1received by the public body.
2(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
399-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
 
4    (5 ILCS 140/2.16 new)
5    Sec. 2.16. Law Enforcement Agencies Data System. The
6Department of State Police shall furnish to a requester:
7        (1) all information contained in the Law Enforcement
8    Agencies Data System about the requester; and
9        (2) every instance the name or vehicle registration
10    information of the requester was queried and the name of
11    the person making the inquiry.
12    The information provided to a requester under this Section
13shall include all information contained in the Law Enforcement
14Agencies Data System relating to the requester, and is not
15limited to name and license plate information.