Illinois General Assembly - Full Text of SB2427
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Full Text of SB2427  102nd General Assembly

SB2427sam001 102ND GENERAL ASSEMBLY

Sen. Bill Cunningham

Filed: 4/6/2021

 

 


 

 


 
10200SB2427sam001LRB102 15242 HEP 24598 a

1
AMENDMENT TO SENATE BILL 2427

2    AMENDMENT NO. ______. Amend Senate Bill 2427 by replacing
3everything after the enacting clause with the following:
 
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" includes a

 

 

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1nonprofit entity that is created to manage State-owned real
2property under the jurisdiction of the Metropolitan Pier and
3Exposition Authority. "Public body" does not include a child
4death review team or the Illinois Child Death Review Teams
5Executive Council established under the Child Death Review
6Team Act, or a regional youth advisory board or the Statewide
7Youth Advisory Board established under the Department of
8Children and Family Services Statewide Youth Advisory Board
9Act.
10    (b) "Person" means any individual, corporation,
11partnership, firm, organization or association, acting
12individually or as a group.
13    (c) "Public records" means all records, reports, forms,
14writings, letters, memoranda, books, papers, maps,
15photographs, microfilms, cards, tapes, recordings, electronic
16data processing records, electronic communications, recorded
17information and all other documentary materials pertaining to
18the transaction of public business, regardless of physical
19form or characteristics, having been prepared by or for, or
20having been or being used by, received by, in the possession
21of, or under the control of any public body.
22    (c-5) "Private information" means unique identifiers,
23including a person's social security number, driver's license
24number, employee identification number, biometric identifiers,
25personal financial information, passwords or other access
26codes, medical records, home or personal telephone numbers,

 

 

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1and personal email addresses. Private information also
2includes home address and personal license plates, except as
3otherwise provided by law or when compiled without possibility
4of attribution to any person.
5    (c-10) "Commercial purpose" means the use of any part of a
6public record or records, or information derived from public
7records, in any form for sale, resale, or solicitation or
8advertisement for sales or services. For purposes of this
9definition, requests made by news media and non-profit,
10scientific, or academic organizations shall not be considered
11to be made for a "commercial purpose" when the principal
12purpose of the request is (i) to access and disseminate
13information concerning news and current or passing events,
14(ii) for articles of opinion or features of interest to the
15public, or (iii) for the purpose of academic, scientific, or
16public research or education.
17    (d) "Copying" means the reproduction of any public record
18by means of any photographic, electronic, mechanical or other
19process, device or means now known or hereafter developed and
20available to the public body.
21    (e) "Head of the public body" means the president, mayor,
22chairman, presiding officer, director, superintendent,
23manager, supervisor or individual otherwise holding primary
24executive and administrative authority for the public body, or
25such person's duly authorized designee.
26    (f) "News media" means a newspaper or other periodical

 

 

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1issued at regular intervals whether in print or electronic
2format, a news service whether in print or electronic format,
3a radio station, a television station, a television network, a
4community antenna television service, or a person or
5corporation engaged in making news reels or other motion
6picture news for public showing.
7    (g) "Recurrent requester", as used in Section 3.2 of this
8Act, means a person that, in the 12 months immediately
9preceding the request, has submitted to the same public body
10(i) a minimum of 50 requests for records, (ii) a minimum of 15
11requests for records within a 30-day period, or (iii) a
12minimum of 7 requests for records within a 7-day period. For
13purposes of this definition, requests made by news media and
14non-profit, scientific, or academic organizations shall not be
15considered in calculating the number of requests made in the
16time periods in this definition when the principal purpose of
17the requests is (i) to access and disseminate information
18concerning news and current or passing events, (ii) for
19articles of opinion or features of interest to the public, or
20(iii) for the purpose of academic, scientific, or public
21research or education.
22    For the purposes of this subsection (g), "request" means a
23written document (or oral request, if the public body chooses
24to honor oral requests) that is submitted to a public body via
25personal delivery, mail, telefax, electronic mail, or other
26means available to the public body and that identifies the

 

 

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1particular public record the requester seeks. One request may
2identify multiple records to be inspected or copied.
3    (h) "Voluminous request" means a request that: (i)
4includes more than 5 individual requests for more than 5
5different categories of records or a combination of individual
6requests that total requests for more than 5 different
7categories of records in a period of 20 business days; or (ii)
8requires the compilation of more than 500 letter or
9legal-sized pages of public records unless a single requested
10record exceeds 500 pages. "Single requested record" may
11include, but is not limited to, one report, form, e-mail,
12letter, memorandum, book, map, microfilm, tape, or recording.
13    "Voluminous request" does not include a request made by
14news media and non-profit, scientific, or academic
15organizations if the principal purpose of the request is: (1)
16to access and disseminate information concerning news and
17current or passing events; (2) for articles of opinion or
18features of interest to the public; or (3) for the purpose of
19academic, scientific, or public research or education.
20    For the purposes of this subsection (h), "request" means a
21written document, or oral request, if the public body chooses
22to honor oral requests, that is submitted to a public body via
23personal delivery, mail, telefax, electronic mail, or other
24means available to the public body and that identifies the
25particular public record or records the requester seeks. One
26request may identify multiple individual records to be

 

 

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1inspected or copied.
2    (i) "Severance agreement" means a mutual agreement between
3any public body and its employee for the employee's
4resignation in exchange for payment by the public body.
5(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
699-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".