Full Text of HB3664 98th General Assembly
HB3664ham003 98TH GENERAL ASSEMBLY | Rep. Renée Kosel Filed: 4/3/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3664
| 2 | | AMENDMENT NO. ______. Amend House Bill 3664, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Freedom of Information Act is amended by | 6 | | changing Sections 2 and 2.20 as follows:
| 7 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
| 8 | | Sec. 2. Definitions. As used in this Act:
| 9 | | (a) "Public body" means all legislative,
executive, | 10 | | administrative, or advisory bodies of the State, state | 11 | | universities
and colleges, counties, townships, cities, | 12 | | villages, incorporated towns,
school districts and all other | 13 | | municipal corporations,
boards, bureaus, committees, or | 14 | | commissions of this State, any
subsidiary
bodies of any of the | 15 | | foregoing including but not limited to committees and
| 16 | | subcommittees thereof, and a School Finance Authority created |
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| 1 | | under
Article 1E of the School Code.
"Public body" does not | 2 | | include a child death review team
or the Illinois Child Death | 3 | | Review Teams
Executive Council
established under
the Child | 4 | | Death Review Team Act.
| 5 | | (b) "Person" means any individual, corporation, | 6 | | partnership, firm,
organization
or association, acting | 7 | | individually or as a group.
| 8 | | (c) "Public records" means all records, reports, forms, | 9 | | writings, letters,
memoranda, books, papers, maps, | 10 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 11 | | data processing records, electronic communications, recorded | 12 | | information and all other
documentary
materials pertaining to | 13 | | the transaction of public business, regardless of physical form | 14 | | or characteristics, having been
prepared by or for, or having | 15 | | been or being used by, received by, in the possession of, or | 16 | | under the
control
of
any public body. | 17 | | (c-5) "Private information" means unique identifiers, | 18 | | including a person's social security number, driver's license | 19 | | number, employee identification number, biometric identifiers, | 20 | | personal financial information, passwords or other access | 21 | | codes, medical records, home or personal telephone numbers, and | 22 | | personal email addresses. Private information also includes | 23 | | home address and personal license plates, except as otherwise | 24 | | provided by law or when compiled without possibility of | 25 | | attribution to any person. | 26 | | (c-10) "Commercial purpose" means the use of any part of a |
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| 1 | | public record or records, or information derived from public | 2 | | records, in any form for sale, resale, or solicitation or | 3 | | advertisement for sales or services. For purposes of this | 4 | | definition, requests made by news media and non-profit, | 5 | | scientific, or academic organizations shall not be considered | 6 | | to be made for a "commercial purpose" when the principal | 7 | | purpose of the request is (i) to access and disseminate | 8 | | information concerning news and current or passing events, (ii) | 9 | | for articles of opinion or features of interest to the public, | 10 | | or (iii) for the purpose of academic, scientific, or public | 11 | | research or education.
| 12 | | (d) "Copying" means the reproduction of any public record | 13 | | by means of any
photographic, electronic, mechanical or other | 14 | | process, device or means now known or hereafter developed and | 15 | | available to the public body.
| 16 | | (e) "Head of the public body" means the president, mayor, | 17 | | chairman,
presiding
officer, director, superintendent, | 18 | | manager, supervisor or individual otherwise
holding primary | 19 | | executive and administrative authority for the public
body, or | 20 | | such person's duly authorized designee.
| 21 | | (f) "News media" means a newspaper or other periodical | 22 | | issued at regular
intervals whether in print or electronic | 23 | | format, a news service whether
in print or electronic format, a | 24 | | radio
station, a television station, a television network, a | 25 | | community
antenna television service, or a person or | 26 | | corporation engaged in making news
reels or other motion |
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| 1 | | picture news for public showing.
| 2 | | (g) "Recurrent requester", as used in Section 3.2 of this | 3 | | Act, means a person that, in the 12 months immediately | 4 | | preceding the request, has submitted to the same public body | 5 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 6 | | requests for records within a 30-day period, or (iii) a minimum | 7 | | of 7 requests for records within a 7-day period. For purposes | 8 | | of this definition, requests made by news media and non-profit, | 9 | | scientific, or academic organizations shall not be considered | 10 | | in calculating the number of requests made in the time periods | 11 | | in this definition when the principal purpose of the requests | 12 | | is (i) to access and disseminate information concerning news | 13 | | and current or passing events, (ii) for articles of opinion or | 14 | | features of interest to the public, or (iii) for the purpose of | 15 | | academic, scientific, or public research or education. | 16 | | For the purposes of this subsection (g), "request" means a | 17 | | written document (or oral request, if the public body chooses | 18 | | to honor oral requests) that is submitted to a public body via | 19 | | personal delivery, mail, telefax, electronic mail, or other | 20 | | means available to the public body and that identifies the | 21 | | particular public record the requester seeks. One request may | 22 | | identify multiple records to be inspected or copied. | 23 | | (h) "Settlement agreement" means any arrangement for | 24 | | payment in exchange for the adjudication or release of a civil | 25 | | claim established by an agreement between some or all of the | 26 | | parties to the claim. |
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| 1 | | (i) "Severance agreement" means a mutual agreement between | 2 | | any public body and its employee for the employee's resignation | 3 | | in exchange for payment by the public body. | 4 | | (Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; | 5 | | 96-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
| 6 | | (5 ILCS 140/2.20)
| 7 | | Sec. 2.20. Settlement and severance agreements. | 8 | | (a) All settlement agreements entered into by or on behalf | 9 | | of a public body are public records subject to inspection and | 10 | | copying by the public, provided that information exempt from | 11 | | disclosure under Section 7 of this Act may be redacted.
| 12 | | (b) A settlement agreement that is funded in whole or part | 13 | | by public moneys or that releases a claim against a public body | 14 | | shall not require or impose any condition on any party to keep | 15 | | allegations, evidence, settlement amounts, or any other | 16 | | information confidential, except that which is necessary to | 17 | | protect a trade secret, proprietary information, or | 18 | | information otherwise exempt from disclosure under Section 7 of | 19 | | this Act. | 20 | | (c) A severance agreement that is funded in whole or part | 21 | | by public moneys or that releases a claim against a public body | 22 | | shall not require or impose any condition on any party to keep | 23 | | allegations, evidence, settlement amounts, or any other | 24 | | information confidential, except that which is necessary to | 25 | | protect a trade secret, proprietary information, or |
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| 1 | | information otherwise exempt from disclosure under Section 7 of | 2 | | this Act. | 3 | | (d) The changes made by this amendatory Act of the 98th | 4 | | General Assembly do not apply to settlement agreements
and | 5 | | severance agreements signed before the effective date of
this | 6 | | amendatory Act of the 98th General Assembly. | 7 | | (Source: P.A. 96-542, eff. 1-1-10.)".
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