Full Text of HB3664 98th General Assembly
HB3664ham002 98TH GENERAL ASSEMBLY | Rep. Renée Kosel Filed: 3/4/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3664
| 2 | | AMENDMENT NO. ______. Amend House Bill 3664 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 2 and 2.20 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, | 9 | | administrative, or advisory bodies of the State, state | 10 | | universities
and colleges, counties, townships, cities, | 11 | | villages, incorporated towns,
school districts and all other | 12 | | municipal corporations,
boards, bureaus, committees, or | 13 | | commissions of this State, any
subsidiary
bodies of any of the | 14 | | foregoing including but not limited to committees and
| 15 | | subcommittees thereof, and a School Finance Authority created | 16 | | under
Article 1E of the School Code.
"Public body" does not |
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| 1 | | include a child death review team
or the Illinois Child Death | 2 | | Review Teams
Executive Council
established under
the Child | 3 | | Death Review Team Act.
| 4 | | (b) "Person" means any individual, corporation, | 5 | | partnership, firm,
organization
or association, acting | 6 | | individually or as a group.
| 7 | | (c) "Public records" means all records, reports, forms, | 8 | | writings, letters,
memoranda, books, papers, maps, | 9 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 10 | | data processing records, electronic communications, recorded | 11 | | information and all other
documentary
materials pertaining to | 12 | | the transaction of public business, regardless of physical form | 13 | | or characteristics, having been
prepared by or for, or having | 14 | | been or being used by, received by, in the possession of, or | 15 | | under the
control
of
any public body. | 16 | | (c-5) "Private information" means unique identifiers, | 17 | | including a person's social security number, driver's license | 18 | | number, employee identification number, biometric identifiers, | 19 | | personal financial information, passwords or other access | 20 | | codes, medical records, home or personal telephone numbers, and | 21 | | personal email addresses. Private information also includes | 22 | | home address and personal license plates, except as otherwise | 23 | | provided by law or when compiled without possibility of | 24 | | attribution to any person. | 25 | | (c-10) "Commercial purpose" means the use of any part of a | 26 | | public record or records, or information derived from public |
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| 1 | | records, in any form for sale, resale, or solicitation or | 2 | | advertisement for sales or services. For purposes of this | 3 | | definition, requests made by news media and non-profit, | 4 | | scientific, or academic organizations shall not be considered | 5 | | to be made for a "commercial purpose" when the principal | 6 | | purpose of the request is (i) to access and disseminate | 7 | | information concerning news and current or passing events, (ii) | 8 | | for articles of opinion or features of interest to the public, | 9 | | or (iii) for the purpose of academic, scientific, or public | 10 | | research or education.
| 11 | | (d) "Copying" means the reproduction of any public record | 12 | | by means of any
photographic, electronic, mechanical or other | 13 | | process, device or means now known or hereafter developed and | 14 | | available to the public body.
| 15 | | (e) "Head of the public body" means the president, mayor, | 16 | | chairman,
presiding
officer, director, superintendent, | 17 | | manager, supervisor or individual otherwise
holding primary | 18 | | executive and administrative authority for the public
body, or | 19 | | such person's duly authorized designee.
| 20 | | (f) "News media" means a newspaper or other periodical | 21 | | issued at regular
intervals whether in print or electronic | 22 | | format, a news service whether
in print or electronic format, a | 23 | | radio
station, a television station, a television network, a | 24 | | community
antenna television service, or a person or | 25 | | corporation engaged in making news
reels or other motion | 26 | | picture news for public showing.
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| 1 | | (g) "Recurrent requester", as used in Section 3.2 of this | 2 | | Act, means a person that, in the 12 months immediately | 3 | | preceding the request, has submitted to the same public body | 4 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 5 | | requests for records within a 30-day period, or (iii) a minimum | 6 | | of 7 requests for records within a 7-day period. For purposes | 7 | | of this definition, requests made by news media and non-profit, | 8 | | scientific, or academic organizations shall not be considered | 9 | | in calculating the number of requests made in the time periods | 10 | | in this definition when the principal purpose of the requests | 11 | | is (i) to access and disseminate information concerning news | 12 | | and current or passing events, (ii) for articles of opinion or | 13 | | features of interest to the public, or (iii) for the purpose of | 14 | | academic, scientific, or public research or education. | 15 | | For the purposes of this subsection (g), "request" means a | 16 | | written document (or oral request, if the public body chooses | 17 | | to honor oral requests) that is submitted to a public body via | 18 | | personal delivery, mail, telefax, electronic mail, or other | 19 | | means available to the public body and that identifies the | 20 | | particular public record the requester seeks. One request may | 21 | | identify multiple records to be inspected or copied. | 22 | | (h) "Settlement agreement" means any arrangement for | 23 | | payment in exchange for the adjudication or release of a civil | 24 | | claim established by an agreement between some or all of the | 25 | | parties to the claim. | 26 | | (i) "Severance agreement" means a mutual agreement between |
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| 1 | | any public body and its employee for the employee's resignation | 2 | | in exchange for payment by the public body. | 3 | | (Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; | 4 | | 96-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
| 5 | | (5 ILCS 140/2.20)
| 6 | | Sec. 2.20. Settlement and severance agreements. | 7 | | (a) All settlement agreements entered into by or on behalf | 8 | | of a public body are public records subject to inspection and | 9 | | copying by the public, provided that information exempt from | 10 | | disclosure under Section 7 of this Act may be redacted.
| 11 | | (b) A settlement agreement that is funded in whole or part | 12 | | by public moneys or that releases a claim against a public body | 13 | | shall not require or impose any condition on any party to keep | 14 | | allegations, evidence, settlement amounts, or any other | 15 | | information confidential, except that which is necessary to | 16 | | protect a trade secret, proprietary information, or | 17 | | information otherwise exempt from disclosure under Section 7 of | 18 | | this Act. | 19 | | (c) A severance agreement that is funded in whole or part | 20 | | by public moneys or that releases a claim against a public body | 21 | | shall not require or impose any condition on any party to keep | 22 | | allegations, evidence, settlement amounts, or any other | 23 | | information confidential, except that which is necessary to | 24 | | protect a trade secret, proprietary information, or | 25 | | information otherwise exempt from disclosure under Section 7 of |
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| 1 | | this Act. | 2 | | (d) The changes made by this amendatory Act of the 98th | 3 | | General Assembly do not apply to settlement agreements
and | 4 | | severance agreements signed before the effective date of
this | 5 | | amendatory Act of the 98th General Assembly. | 6 | | (Source: P.A. 96-542, eff. 1-1-10.)".
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