Bill Text: IL HB2816 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Freedom of Information Act. Provides that "public body" includes road districts and any combination of public bodies under an intergovernmental agreement that includes provisions for a governing body of the agency created by the agreement. Defines "Freedom of Information officer" as an employee or official of a public body who is appointed by the public body and responsible for responding to all requests for information received by the public body. Provides that the Department of State Police shall furnish to a requester: (1) all information contained in the Law Enforcement Agencies Data System about the requester; and (2) every instance the name or vehicle registration information of the requester was queried and the name of the person making the inquiry. Provides that the information provided to a requester shall include all information contained in the Law Enforcement Agencies Data System relating to the requester, and is not limited to name and license plate information.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB2816 Detail]
Download: Illinois-2021-HB2816-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | |||||||||||||||||||||
5 | changing Section 2 and by adding Section 2.16 as follows:
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6 | (5 ILCS 140/2) (from Ch. 116, par. 202)
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7 | Sec. 2. Definitions. As used in this Act:
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8 | (a) "Public body" means all legislative,
executive, | |||||||||||||||||||||
9 | administrative, or advisory bodies of the State, state | |||||||||||||||||||||
10 | universities
and colleges, counties, townships, road | |||||||||||||||||||||
11 | districts, cities, villages, incorporated towns,
school | |||||||||||||||||||||
12 | districts and all other municipal corporations,
boards, | |||||||||||||||||||||
13 | bureaus, committees, or commissions of this State, any
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14 | subsidiary
bodies of any of the foregoing including but not | |||||||||||||||||||||
15 | limited to committees and
subcommittees thereof, and a School | |||||||||||||||||||||
16 | Finance Authority created under
Article 1E of the School Code , | |||||||||||||||||||||
17 | and any combination of the above under an intergovernmental | |||||||||||||||||||||
18 | agreement that includes provisions for a governing body of the | |||||||||||||||||||||
19 | agency created by the agreement .
"Public body" does not | |||||||||||||||||||||
20 | include a child death review team
or the Illinois Child Death | |||||||||||||||||||||
21 | Review Teams
Executive Council
established under
the Child | |||||||||||||||||||||
22 | Death Review Team Act, or a regional youth advisory board or | |||||||||||||||||||||
23 | the Statewide Youth Advisory Board established under the |
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1 | Department of Children and Family Services Statewide Youth | ||||||
2 | Advisory Board Act.
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3 | (b) "Person" means any individual, corporation, | ||||||
4 | partnership, firm,
organization
or association, acting | ||||||
5 | individually or as a group.
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6 | (c) "Public records" means all records, reports, forms, | ||||||
7 | writings, letters,
memoranda, books, papers, maps, | ||||||
8 | photographs, microfilms, cards, tapes,
recordings,
electronic | ||||||
9 | data processing records, electronic communications, recorded | ||||||
10 | information and all other
documentary
materials pertaining to | ||||||
11 | the transaction of public business, regardless of physical | ||||||
12 | form or characteristics, having been
prepared by or for, or | ||||||
13 | having been or being used by, received by, in the possession | ||||||
14 | of, or under the
control
of
any public body. | ||||||
15 | (c-5) "Private information" means unique identifiers, | ||||||
16 | including a person's social security number, driver's license | ||||||
17 | number, employee identification number, biometric identifiers, | ||||||
18 | personal financial information, passwords or other access | ||||||
19 | codes, medical records, home or personal telephone numbers, | ||||||
20 | and personal email addresses. Private information also | ||||||
21 | includes home address and personal license plates, except as | ||||||
22 | otherwise provided by law or when compiled without possibility | ||||||
23 | of attribution to any person. | ||||||
24 | (c-10) "Commercial purpose" means the use of any part of a | ||||||
25 | public record or records, or information derived from public | ||||||
26 | records, in any form for sale, resale, or solicitation or |
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1 | advertisement for sales or services. For purposes of this | ||||||
2 | definition, requests made by news media and non-profit, | ||||||
3 | scientific, or academic organizations shall not be considered | ||||||
4 | to be made for a "commercial purpose" when the principal | ||||||
5 | purpose of the request is (i) to access and disseminate | ||||||
6 | information concerning news and current or passing events, | ||||||
7 | (ii) for articles of opinion or features of interest to the | ||||||
8 | public, or (iii) for the purpose of academic, scientific, or | ||||||
9 | public research or education.
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10 | (d) "Copying" means the reproduction of any public record | ||||||
11 | by means of any
photographic, electronic, mechanical or other | ||||||
12 | process, device or means now known or hereafter developed and | ||||||
13 | available to the public body.
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14 | (e) "Head of the public body" means the president, mayor, | ||||||
15 | chairman,
presiding
officer, director, superintendent, | ||||||
16 | manager, supervisor or individual otherwise
holding primary | ||||||
17 | executive and administrative authority for the public
body, or | ||||||
18 | such person's duly authorized designee.
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19 | (f) "News media" means a newspaper or other periodical | ||||||
20 | issued at regular
intervals whether in print or electronic | ||||||
21 | format, a news service whether
in print or electronic format, | ||||||
22 | a radio
station, a television station, a television network, a | ||||||
23 | community
antenna television service, or a person or | ||||||
24 | corporation engaged in making news
reels or other motion | ||||||
25 | picture news for public showing.
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26 | (g) "Recurrent requester", as used in Section 3.2 of this |
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1 | Act, means a person that, in the 12 months immediately | ||||||
2 | preceding the request, has submitted to the same public body | ||||||
3 | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | ||||||
4 | requests for records within a 30-day period, or (iii) a | ||||||
5 | minimum of 7 requests for records within a 7-day period. For | ||||||
6 | purposes of this definition, requests made by news media and | ||||||
7 | non-profit, scientific, or academic organizations shall not be | ||||||
8 | considered in calculating the number of requests made in the | ||||||
9 | time periods in this definition when the principal purpose of | ||||||
10 | the requests is (i) to access and disseminate information | ||||||
11 | concerning news and current or passing events, (ii) for | ||||||
12 | articles of opinion or features of interest to the public, or | ||||||
13 | (iii) for the purpose of academic, scientific, or public | ||||||
14 | 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) "Voluminous request" means a request that: (i) | ||||||
23 | includes more than 5 individual requests for more than 5 | ||||||
24 | different categories of records or a combination of individual | ||||||
25 | requests that total requests for more than 5 different | ||||||
26 | categories of records in a period of 20 business days; or (ii) |
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1 | requires the compilation of more than 500 letter or | ||||||
2 | legal-sized pages of public records unless a single requested | ||||||
3 | record exceeds 500 pages. "Single requested record" may | ||||||
4 | include, but is not limited to, one report, form, e-mail, | ||||||
5 | letter, memorandum, book, map, microfilm, tape, or recording. | ||||||
6 | "Voluminous request" does not include a request made by | ||||||
7 | news media and non-profit, scientific, or academic | ||||||
8 | organizations if the principal purpose of the request is: (1) | ||||||
9 | to access and disseminate information concerning news and | ||||||
10 | current or passing events; (2) for articles of opinion or | ||||||
11 | features of interest to the public; or (3) for the purpose of | ||||||
12 | academic, scientific, or public research or education. | ||||||
13 | For the purposes of this subsection (h), "request" means a | ||||||
14 | written document, or oral request, if the public body chooses | ||||||
15 | to honor oral requests, that is submitted to a public body via | ||||||
16 | personal delivery, mail, telefax, electronic mail, or other | ||||||
17 | means available to the public body and that identifies the | ||||||
18 | particular public record or records the requester seeks. One | ||||||
19 | request may identify multiple individual records to be | ||||||
20 | inspected or copied. | ||||||
21 | (i) "Severance agreement" means a mutual agreement between | ||||||
22 | any public body and its employee for the employee's | ||||||
23 | resignation in exchange for payment by the public body. | ||||||
24 | (j) "Freedom of Information officer" means an employee or | ||||||
25 | official of a public body who is appointed by the public body | ||||||
26 | and responsible for responding to all requests for information |
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1 | received by the public body. | ||||||
2 | (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; | ||||||
3 | 99-78, eff. 7-20-15; 99-478, eff. 6-1-16 .)
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4 | (5 ILCS 140/2.16 new) | ||||||
5 | Sec. 2.16. Law Enforcement Agencies Data System. The | ||||||
6 | Department of State Police shall furnish to a requester: | ||||||
7 | (1) all information contained in the Law Enforcement | ||||||
8 | Agencies Data System about the requester; and | ||||||
9 | (2) every instance the name or vehicle registration | ||||||
10 | information of the requester was queried and the name of | ||||||
11 | the person making the inquiry. | ||||||
12 | The information provided to a requester under this Section | ||||||
13 | shall include all information contained in the Law Enforcement | ||||||
14 | Agencies Data System relating to the requester, and is not | ||||||
15 | limited to name and license plate information.
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