HB3850 97TH GENERAL ASSEMBLY

LRB097 13398 HLH 57915 b

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.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Freedom of Information Act is amended by changing Section 2 as follows:

(5 ILCS 140/2) (from Ch. 116, par. 202)

Sec. 2. Definitions. As used in this Act:

(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 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.

(b) "Person" means any individual, corporation, partnership, firm, organization or association, acting individually or as a group.

(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. "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.

(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 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.

(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.

(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.

(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.

(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 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.

(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)

Section 10. The Counties Code is amended by adding Section 5-1131.5 as follows:

(55 ILCS 5/5-1131.5 new)

Sec. 5-1131.5. Tax rebate agreements.

(a) Within 90 days after the effective date of this amendatory Act of the 97th General Assembly, each county that maintains a website must post on the county's website information pertaining to any agreement between a person or entity and the county authorizing or requiring the county to rebate or refund all or a portion of any tax imposed by the county upon the person or entity. Such information shall include the name of the person or entity and the terms of the agreement.

(b) No home rule unit may adopt posting or publication requirements that are less restrictive than this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 15. The Illinois Municipal Code is amended by adding Section 1-1-13 as follows:

(65 ILCS 5/1-1-13 new)

Sec. 1-1-13. Tax rebate agreements.

(a) Within 90 days after the effective date of this amendatory Act of the 97th General Assembly, each municipality that maintains a website must post on the municipality's website information pertaining to any agreement between a person or entity and the municipality authorizing or requiring the municipality to rebate or refund all or a portion of any tax imposed by the municipality upon the person or entity. Such information shall include the name of the person or entity and the terms of the agreement.

(b) No home rule unit may adopt posting or publication requirements that are less restrictive than this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 90. The State Mandates Act is amended by adding Section 8.35 as follows:

(30 ILCS 805/8.35 new)

Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 97th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.