Full Text of HB5344 98th General Assembly
HB5344 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5344 Introduced , by Rep. Brad E. Halbrook SYNOPSIS AS INTRODUCED: |
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5 ILCS 140/2 | from Ch. 116, par. 202 |
5 ILCS 140/2.5 | |
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Amends the Freedom of Information Act. Provides that only for purposes of the Section concerning records of funds, the term "public body" includes probation offices, State's Attorney offices, circuit clerks, and judges. Provides that all records relating to the obligation, receipt, and use of public funds of probation offices, State's Attorney offices, circuit clerks, and judges are public records subject to inspection and copying by the public. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 2 and 2.5 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 | 17 | | include a child death review team
or the Illinois Child Death | 18 | | Review Teams
Executive Council
established under
the Child | 19 | | Death Review Team Act. Only for purposes of Section 2.5 of this | 20 | | Act, "public body" also includes probation offices, State's | 21 | | Attorney offices, circuit clerks, and judges.
| 22 | | (b) "Person" means any individual, corporation, | 23 | | partnership, firm,
organization
or association, acting |
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| 1 | | individually or as a group.
| 2 | | (c) "Public records" means all records, reports, forms, | 3 | | writings, letters,
memoranda, books, papers, maps, | 4 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 5 | | data processing records, electronic communications, recorded | 6 | | information and all other
documentary
materials pertaining to | 7 | | the transaction of public business, regardless of physical form | 8 | | or characteristics, having been
prepared by or for, or having | 9 | | been or being used by, received by, in the possession of, or | 10 | | under the
control
of
any public body. | 11 | | (c-5) "Private information" means unique identifiers, | 12 | | including a person's social security number, driver's license | 13 | | number, employee identification number, biometric identifiers, | 14 | | personal financial information, passwords or other access | 15 | | codes, medical records, home or personal telephone numbers, and | 16 | | personal email addresses. Private information also includes | 17 | | home address and personal license plates, except as otherwise | 18 | | provided by law or when compiled without possibility of | 19 | | attribution to any person. | 20 | | (c-10) "Commercial purpose" means the use of any part of a | 21 | | public record or records, or information derived from public | 22 | | records, in any form for sale, resale, or solicitation or | 23 | | advertisement for sales or services. For purposes of this | 24 | | definition, requests made by news media and non-profit, | 25 | | scientific, or academic organizations shall not be considered | 26 | | to be made for a "commercial purpose" when the principal |
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| 1 | | purpose of the request is (i) to access and disseminate | 2 | | information concerning news and current or passing events, (ii) | 3 | | for articles of opinion or features of interest to the public, | 4 | | or (iii) for the purpose of academic, scientific, or public | 5 | | research or education.
| 6 | | (d) "Copying" means the reproduction of any public record | 7 | | by means of any
photographic, electronic, mechanical or other | 8 | | process, device or means now known or hereafter developed and | 9 | | available to the public body.
| 10 | | (e) "Head of the public body" means the president, mayor, | 11 | | chairman,
presiding
officer, director, superintendent, | 12 | | manager, supervisor or individual otherwise
holding primary | 13 | | executive and administrative authority for the public
body, or | 14 | | such person's duly authorized designee.
| 15 | | (f) "News media" means a newspaper or other periodical | 16 | | issued at regular
intervals whether in print or electronic | 17 | | format, a news service whether
in print or electronic format, a | 18 | | radio
station, a television station, a television network, a | 19 | | community
antenna television service, or a person or | 20 | | corporation engaged in making news
reels or other motion | 21 | | picture news for public showing.
| 22 | | (g) "Recurrent requester", as used in Section 3.2 of this | 23 | | Act, means a person that, in the 12 months immediately | 24 | | preceding the request, has submitted to the same public body | 25 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 26 | | requests for records within a 30-day period, or (iii) a minimum |
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| 1 | | of 7 requests for records within a 7-day period. For purposes | 2 | | of this definition, requests made by news media and non-profit, | 3 | | scientific, or academic organizations shall not be considered | 4 | | in calculating the number of requests made in the time periods | 5 | | in this definition when the principal purpose of the requests | 6 | | is (i) to access and disseminate information concerning news | 7 | | and current or passing events, (ii) for articles of opinion or | 8 | | features of interest to the public, or (iii) for the purpose of | 9 | | academic, scientific, or public research or education. | 10 | | For the purposes of this subsection (g), "request" means a | 11 | | written document (or oral request, if the public body chooses | 12 | | to honor oral requests) that is submitted to a public body via | 13 | | personal delivery, mail, telefax, electronic mail, or other | 14 | | means available to the public body and that identifies the | 15 | | particular public record the requester seeks. One request may | 16 | | identify multiple records to be inspected or copied. | 17 | | (Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; | 18 | | 96-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
| 19 | | (5 ILCS 140/2.5)
| 20 | | Sec. 2.5. Records of funds. All records relating to the | 21 | | obligation, receipt, and use of public funds of the State, | 22 | | units of local government, and school districts , probation | 23 | | offices, State's Attorney offices, circuit clerks, and judges | 24 | | are public records subject to inspection and copying by the | 25 | | public.
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| 1 | | (Source: P.A. 96-542, eff. 1-1-10.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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