Illinois General Assembly - Full Text of SB3773
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Full Text of SB3773  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/10/2012, by Sen. Martin A. Sandoval


5 ILCS 140/2  from Ch. 116, par. 202

    Amends the Freedom of Information Act. Expands the definition of "public body" to include not-for-profit organizations that receive State funding. Effective immediately.

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SB3773LRB097 20435 JWD 65926 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 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
17any not-for-profit organization that receives moneys from any
18fund of the State Treasury, grant program, or other funding
19source administered by the State of Illinois. "Public body"
20does not include a child death review team or the Illinois
21Child Death Review Teams Executive Council established under
22the Child Death Review Team Act.
23    (b) "Person" means any individual, corporation,



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1partnership, firm, organization or association, acting
2individually or as a group.
3    (c) "Public records" means all records, reports, forms,
4writings, letters, memoranda, books, papers, maps,
5photographs, microfilms, cards, tapes, recordings, electronic
6data processing records, electronic communications, recorded
7information and all other documentary materials pertaining to
8the transaction of public business, regardless of physical form
9or characteristics, having been prepared by or for, or having
10been or being used by, received by, in the possession of, or
11under the control of any public body.
12    (c-5) "Private information" means unique identifiers,
13including a person's social security number, driver's license
14number, employee identification number, biometric identifiers,
15personal financial information, passwords or other access
16codes, medical records, home or personal telephone numbers, and
17personal email addresses. Private information also includes
18home address and personal license plates, except as otherwise
19provided by law or when compiled without possibility of
20attribution to any person.
21    (c-10) "Commercial purpose" means the use of any part of a
22public record or records, or information derived from public
23records, in any form for sale, resale, or solicitation or
24advertisement for sales or services. For purposes of this
25definition, requests made by news media and non-profit,
26scientific, or academic organizations shall not be considered



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1to be made for a "commercial purpose" when the principal
2purpose of the request is (i) to access and disseminate
3information concerning news and current or passing events, (ii)
4for articles of opinion or features of interest to the public,
5or (iii) for the purpose of academic, scientific, or public
6research or education.
7    (d) "Copying" means the reproduction of any public record
8by means of any photographic, electronic, mechanical or other
9process, device or means now known or hereafter developed and
10available to the public body.
11    (e) "Head of the public body" means the president, mayor,
12chairman, presiding officer, director, superintendent,
13manager, supervisor or individual otherwise holding primary
14executive and administrative authority for the public body, or
15such person's duly authorized designee.
16    (f) "News media" means a newspaper or other periodical
17issued at regular intervals whether in print or electronic
18format, a news service whether in print or electronic format, a
19radio station, a television station, a television network, a
20community antenna television service, or a person or
21corporation engaged in making news reels or other motion
22picture news for public showing.
23    (g) "Recurrent requester", as used in Section 3.2 of this
24Act, means a person that, in the 12 months immediately
25preceding the request, has submitted to the same public body
26(i) a minimum of 50 requests for records, (ii) a minimum of 15



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1requests for records within a 30-day period, or (iii) a minimum
2of 7 requests for records within a 7-day period. For purposes
3of this definition, requests made by news media and non-profit,
4scientific, or academic organizations shall not be considered
5in calculating the number of requests made in the time periods
6in this definition when the principal purpose of the requests
7is (i) to access and disseminate information concerning news
8and current or passing events, (ii) for articles of opinion or
9features of interest to the public, or (iii) for the purpose of
10academic, scientific, or public research or education.
11    For the purposes of this subsection (g), "request" means a
12written document (or oral request, if the public body chooses
13to honor oral requests) that is submitted to a public body via
14personal delivery, mail, telefax, electronic mail, or other
15means available to the public body and that identifies the
16particular public record the requester seeks. One request may
17identify multiple records to be inspected or copied.
18(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
1996-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.