Full Text of SB1645 97th General Assembly
SB1645sam001 97TH GENERAL ASSEMBLY | Sen. Edward D. Maloney Filed: 3/2/2011
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| 1 | | AMENDMENT TO SENATE BILL 1645
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1645 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 1, 2, and 9.5 and by adding Section 3.2 as | 6 | | follows:
| 7 | | (5 ILCS 140/1) (from Ch. 116, par. 201)
| 8 | | Sec. 1.
Pursuant to the fundamental philosophy of the | 9 | | American constitutional
form of government, it is declared to | 10 | | be the public policy of the State of
Illinois that all persons | 11 | | are entitled to full and complete information
regarding the | 12 | | affairs of government and the official acts and policies of
| 13 | | those who represent them as public officials and public | 14 | | employees consistent
with the terms of this Act. Such access is | 15 | | necessary to enable the people
to fulfill their duties of | 16 | | discussing public issues fully and freely, making
informed |
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| 1 | | political judgments and monitoring government to ensure that it
| 2 | | is being conducted in the public interest.
| 3 | | The General Assembly hereby declares that it is the public | 4 | | policy of the State of Illinois that access by all persons to | 5 | | public records promotes the transparency and accountability of | 6 | | public bodies at all levels of government. It is a fundamental | 7 | | obligation of government to operate openly and provide public | 8 | | records as expediently and efficiently as possible in | 9 | | compliance with this Act. | 10 | | This Act is not intended to cause an unwarranted invasion | 11 | | of personal privacy, nor
to allow the requests of a commercial | 12 | | enterprise to unduly burden public resources, nor to allow | 13 | | vexatious requests for records to unduly burden public | 14 | | resources, nor or to disrupt the
duly-undertaken work of any | 15 | | public body independent of the fulfillment of
any of the | 16 | | fore-mentioned rights of the people to access to information.
| 17 | | This Act is not intended to create an obligation on the | 18 | | part of any public
body to maintain or prepare any public | 19 | | record which was not maintained or
prepared by such public body | 20 | | at the time when this Act becomes effective,
except as | 21 | | otherwise required by applicable local, State or federal law.
| 22 | | Restraints on access to information, to the extent | 23 | | permitted by this Act, are limited exceptions
to the principle | 24 | | that the people of this State have a right to full disclosure | 25 | | of information relating to the decisions,
policies, | 26 | | procedures, rules, standards, and other aspects of government
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| 1 | | activity that affect the conduct of government and the lives of | 2 | | any or all
of the people. The provisions of this Act shall be | 3 | | construed in accordance with this principle. This Act shall be | 4 | | construed to require disclosure of requested information as | 5 | | expediently and efficiently as possible and adherence to the | 6 | | deadlines established in this Act.
| 7 | | The General Assembly recognizes that this Act imposes | 8 | | fiscal obligations on public bodies to provide adequate staff | 9 | | and equipment to comply with its requirements. The General | 10 | | Assembly declares that providing records in compliance with the | 11 | | requirements of this Act is a primary duty of public bodies to | 12 | | the people of this State, and this Act should be construed to | 13 | | this end, fiscal obligations notwithstanding. | 14 | | The General Assembly further recognizes that technology | 15 | | may advance at a rate that outpaces its ability to address | 16 | | those advances legislatively. To the extent that this Act may | 17 | | not expressly apply to those technological advances, this Act | 18 | | should nonetheless be interpreted to further the declared | 19 | | policy of this Act that public records shall be made available | 20 | | upon request except when denial of access furthers the public | 21 | | policy underlying a specific exemption. | 22 | | This Act shall be the exclusive State statute on freedom of | 23 | | information,
except to the extent that other State statutes | 24 | | might create additional restrictions
on disclosure of | 25 | | information or other laws in Illinois might create additional
| 26 | | obligations for disclosure of information to the public.
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| 1 | | (Source: P.A. 96-542, eff. 1-1-10.)
| 2 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
| 3 | | Sec. 2. Definitions. As used in this Act:
| 4 | | (a) "Public body" means all legislative,
executive, | 5 | | administrative, or advisory bodies of the State, state | 6 | | universities
and colleges, counties, townships, cities, | 7 | | villages, incorporated towns,
school districts and all other | 8 | | municipal corporations,
boards, bureaus, committees, or | 9 | | commissions of this State, any
subsidiary
bodies of any of the | 10 | | foregoing including but not limited to committees and
| 11 | | subcommittees thereof, and a School Finance Authority created | 12 | | under
Article 1E of the School Code.
"Public body" does not | 13 | | include a child death review team
or the Illinois Child Death | 14 | | Review Teams
Executive Council
established under
the Child | 15 | | Death Review Team Act.
| 16 | | (b) "Person" means any individual, corporation, | 17 | | partnership, firm,
organization
or association, acting | 18 | | individually or as a group.
| 19 | | (c) "Public records" means all records, reports, forms, | 20 | | writings, letters,
memoranda, books, papers, maps, | 21 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 22 | | data processing records, electronic communications, recorded | 23 | | information and all other
documentary
materials pertaining to | 24 | | the transaction of public business, regardless of physical form | 25 | | or characteristics, having been
prepared by or for, or having |
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| 1 | | been or being used by, received by, in the possession of, or | 2 | | under the
control
of
any public body. | 3 | | (c-5) "Private information" means unique identifiers, | 4 | | including a person's social security number, driver's license | 5 | | number, employee identification number, biometric identifiers, | 6 | | personal financial information, passwords or other access | 7 | | codes, medical records, home or personal telephone numbers, and | 8 | | personal email addresses. Private information also includes | 9 | | home address and personal license plates, except as otherwise | 10 | | provided by law or when compiled without possibility of | 11 | | attribution to any person. | 12 | | (c-10) "Commercial purpose" means the use of any part of a | 13 | | public record or records, or information derived from public | 14 | | records, in any form for sale, resale, or solicitation or | 15 | | advertisement for sales or services. For purposes of this | 16 | | definition, requests made by news media and non-profit, | 17 | | scientific, or academic organizations shall not be considered | 18 | | to be made for a "commercial purpose" when the principal | 19 | | purpose of the request is (i) to access and disseminate | 20 | | information concerning news and current or passing events, (ii) | 21 | | for articles of opinion or features of interest to the public, | 22 | | or (iii) for the purpose of academic, scientific, or public | 23 | | research or education.
| 24 | | (d) "Copying" means the reproduction of any public record | 25 | | by means of any
photographic, electronic, mechanical or other | 26 | | process, device or means now known or hereafter developed and |
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| 1 | | available to the public body.
| 2 | | (e) "Head of the public body" means the president, mayor, | 3 | | chairman,
presiding
officer, director, superintendent, | 4 | | manager, supervisor or individual otherwise
holding primary | 5 | | executive and administrative authority for the public
body, or | 6 | | such person's duly authorized designee.
| 7 | | (f) "News media" means a newspaper or other periodical | 8 | | issued at regular
intervals whether in print or electronic | 9 | | format, a news service whether
in print or electronic format, a | 10 | | radio
station, a television station, a television network, a | 11 | | community
antenna television service, or a person or | 12 | | corporation engaged in making news
reels or other motion | 13 | | picture news for public showing.
| 14 | | (g) "Vexatious request for records" means a request for | 15 | | records that is made by a person who, in the 12 months | 16 | | immediately preceding the request, has submitted to the same | 17 | | public body (i) a minimum of 15 requests for records, (ii) a | 18 | | minimum of 5 requests for records within a 30-day period, (iii) | 19 | | a minimum of 5 requests for records that were deemed unduly | 20 | | burdensome by the public body, or (iv) one or more requests for | 21 | | records that have sought a minimum of 20 different categories | 22 | | of records. | 23 | | (Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; | 24 | | 96-1000, eff. 7-2-10.)
| 25 | | (5 ILCS 140/3.2 new) |
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| 1 | | Sec. 3.2. Vexatious request for records. | 2 | | (a) Notwithstanding any provision to the contrary, a public | 3 | | body shall respond to a vexatious request for records within 21 | 4 | | working days after receipt. The response shall (i) provide to | 5 | | the requester an estimate of the time required by the public | 6 | | body to provide the records requested and an estimate of the | 7 | | fees to be charged, which the public body may require the | 8 | | person to pay in full before copying the requested documents, | 9 | | (ii) deny the request pursuant to one or more of the exemptions | 10 | | set out in this Act, (iii) notify the requester that the | 11 | | request is unduly burdensome and extend an opportunity to the | 12 | | requester to attempt to reduce the request to manageable | 13 | | proportions, or (iv) provide the records requested. | 14 | | (b) Unless the records are exempt from disclosure, a public | 15 | | body shall comply with a request within a reasonable period | 16 | | considering the size and complexity of the request, and giving | 17 | | priority to records requested for non-commercial or commercial | 18 | | purposes. | 19 | | (c) The Public Access Counselor shall adopt by | 20 | | administrative rule procedures to create and maintain a log for | 21 | | public bodies to use for tracking vexatious requests for | 22 | | records. The log shall track all requests submitted by a person | 23 | | who has filed a vexatious request for records within the | 24 | | 12-month period described in the definition of "vexatious | 25 | | request for records" in Section 2 of this Act. Upon receiving a | 26 | | vexatious request for records, a public body shall promptly |
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| 1 | | send to the Public Access Counselor any information that is | 2 | | necessary to complete an entry in the log. | 3 | | (5 ILCS 140/9.5) | 4 | | Sec. 9.5. Public Access Counselor; opinions. | 5 | | (a) A person whose request to inspect or copy a public | 6 | | record is denied by a public body, except the General Assembly | 7 | | and committees, commissions, and agencies thereof, may file a | 8 | | request for review with the Public Access Counselor established | 9 | | in the Office of the Attorney General not later than 60 days | 10 | | after the date of the final denial. However, a person may not | 11 | | file a request for review for a vexatious request for public | 12 | | records. The request for review must be in writing, signed by | 13 | | the requester, and include (i) a copy of the request for access | 14 | | to records and (ii) any responses from the public body. | 15 | | (b) A public body that receives a request for records, and | 16 | | asserts that the records are exempt under subsection (1)(c) or | 17 | | (1)(f) of Section 7 of this Act, shall, within the time periods | 18 | | provided for responding to a request, provide written notice to | 19 | | the requester and the Public Access Counselor of its intent to | 20 | | deny the request in whole or in part. The notice shall include: | 21 | | (i) a copy of the request for access to records; (ii) the | 22 | | proposed response from the public body; and (iii) a detailed | 23 | | summary of the public body's basis for asserting the exemption. | 24 | | Upon receipt of a notice of intent to deny from a public body, | 25 | | the Public Access Counselor shall determine whether further |
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| 1 | | inquiry is warranted. Within 5 working days after receipt of | 2 | | the notice of intent to deny, the Public Access Counselor shall | 3 | | notify the public body and the requester whether further | 4 | | inquiry is warranted. If the Public Access Counselor determines | 5 | | that further inquiry is warranted, the procedures set out in | 6 | | this Section regarding the review of denials, including the | 7 | | production of documents, shall also be applicable to the | 8 | | inquiry and resolution of a notice of intent to deny from a | 9 | | public body. Times for response or compliance by the public | 10 | | body under Section 3 of this Act shall be tolled until the | 11 | | Public Access Counselor concludes his or her inquiry. | 12 | | (c) Upon receipt of a request for review, the Public Access | 13 | | Counselor shall determine whether further action is warranted. | 14 | | If the Public Access Counselor determines that the alleged | 15 | | violation is unfounded, he or she shall so advise the requester | 16 | | and the public body and no further action shall be undertaken. | 17 | | In all other cases, the Public Access Counselor shall forward a | 18 | | copy of the request for review to the public body within 7 | 19 | | working days after receipt and shall specify the records or | 20 | | other documents that the public body shall furnish to | 21 | | facilitate the review. Within 7 working days after receipt of | 22 | | the request for review, the public body shall provide copies of | 23 | | records requested and shall otherwise fully cooperate with the | 24 | | Public Access Counselor. If a public body fails to furnish | 25 | | specified records pursuant to this Section, or if otherwise | 26 | | necessary, the Attorney General may issue a subpoena to any |
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| 1 | | person or public body having knowledge of or records pertaining | 2 | | to a request for review of a denial of access to records under | 3 | | the Act. To the extent that records or documents produced by a | 4 | | public body contain information that is claimed to be exempt | 5 | | from disclosure under Section 7 of this Act, the Public Access | 6 | | Counselor shall not further disclose that information. | 7 | | (d) Within 7 working days after it receives a copy of a | 8 | | request for review and request for production of records from | 9 | | the Public Access Counselor, the public body may, but is not | 10 | | required to, answer the allegations of the request for review. | 11 | | The answer may take the form of a letter, brief, or memorandum. | 12 | | The Public Access Counselor shall forward a copy of the answer | 13 | | to the person submitting the request for review, with any | 14 | | alleged confidential information to which the request pertains | 15 | | redacted from the copy. The requester may, but is not required | 16 | | to, respond in writing to the answer within 7 working days and | 17 | | shall provide a copy of the response to the public body. | 18 | | (e) In addition to the request for review, and the answer | 19 | | and the response thereto, if any, a requester or a public body | 20 | | may furnish affidavits or records concerning any matter germane | 21 | | to the review. | 22 | | (f) Unless the Public Access Counselor extends the time by | 23 | | no more than 21 business days by sending written notice to the | 24 | | requester and the public body that includes a statement of the | 25 | | reasons for the extension in the notice, or decides to address | 26 | | the matter without the issuance of a binding opinion, the |
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| 1 | | Attorney General shall examine the issues and the records, | 2 | | shall make findings of fact and conclusions of law, and shall | 3 | | issue to the requester and the public body an opinion in | 4 | | response to the request for review within 60 days after its | 5 | | receipt. The opinion shall be binding upon both the requester | 6 | | and the public body, subject to administrative review under | 7 | | Section 11.5. | 8 | | In responding to any request under this Section 9.5, the | 9 | | Attorney General may exercise his or her discretion and choose | 10 | | to resolve a request for review by mediation or by a means | 11 | | other than the issuance of a binding opinion. The decision not | 12 | | to issue a binding opinion shall not be reviewable. | 13 | | Upon receipt of a binding opinion concluding that a | 14 | | violation of this Act has occurred, the public body shall | 15 | | either take necessary action immediately to comply with the | 16 | | directive of the opinion or shall initiate administrative | 17 | | review under Section 11.5. If the opinion concludes that no | 18 | | violation of the Act has occurred, the requester may initiate | 19 | | administrative review under Section 11.5. | 20 | | A public body that discloses records in accordance with an | 21 | | opinion of the Attorney General is immune from all liabilities | 22 | | by reason thereof and shall not be liable for penalties under | 23 | | this Act. | 24 | | (g) If the requester files suit under Section 11 with | 25 | | respect to the same denial that is the subject of a pending | 26 | | request for review, the requester shall notify the Public |
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| 1 | | Access Counselor, and the Public Access Counselor shall take no | 2 | | further action with respect to the request for review and shall | 3 | | so notify the public body. | 4 | | (h) The Attorney General may also issue advisory opinions | 5 | | to public bodies regarding compliance with this Act. A review | 6 | | may be initiated upon receipt of a written request from the | 7 | | head of the public body or its attorney, which shall contain | 8 | | sufficient accurate facts from which a determination can be | 9 | | made. The Public Access Counselor may request additional | 10 | | information from the public body in order to assist in the | 11 | | review. A public body that relies in good faith on an advisory | 12 | | opinion of the Attorney General in responding to a request is | 13 | | not liable for penalties under this Act, so long as the facts | 14 | | upon which the opinion is based have been fully and fairly | 15 | | disclosed to the Public Access Counselor.
| 16 | | (Source: P.A. 96-542, eff. 1-1-10.)".
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