Bill Text: IL HB2816 | 2021-2022 | 102nd General Assembly | Introduced

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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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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB2816 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
5 ILCS 140/2 from Ch. 116, par. 202
5 ILCS 140/2.16 new
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.
LRB102 14572 HEP 19925 b
A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 2 and by adding Section 2.16 as follows:
(5 ILCS 140/2) (from Ch. 116, par. 202)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means all legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, road
districts, cities, villages, incorporated towns, school
districts and all other municipal corporations, boards,
bureaus, committees, or commissions of this State, any
subsidiary bodies of any of the foregoing including but not
limited to committees and subcommittees thereof, and a School
Finance Authority created under Article 1E of the School Code,
and any combination of the above under an intergovernmental
agreement that includes provisions for a governing body of the
agency created by the agreement. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act, or a regional youth advisory board or
the Statewide Youth Advisory Board established under the

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Department of Children and Family Services Statewide Youth
Advisory Board Act.
(b) "Person" means any individual, corporation,
partnership, firm, organization or association, acting
individually or as a group.
(c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, electronic communications, recorded
information and all other documentary materials pertaining to
the transaction of public business, regardless of physical
form or characteristics, having been prepared by or for, or
having been or being used by, received by, in the possession
of, or under the control of any public body.
(c-5) "Private information" means unique identifiers,
including a person's social security number, driver's license
number, employee identification number, biometric identifiers,
personal financial information, passwords or other access
codes, medical records, home or personal telephone numbers,
and personal email addresses. Private information also
includes home address and personal license plates, except as
otherwise provided by law or when compiled without possibility
of attribution to any person.
(c-10) "Commercial purpose" means the use of any part of a
public record or records, or information derived from public
records, in any form for sale, resale, or solicitation or

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advertisement for sales or services. For purposes of this
definition, requests made by news media and non-profit,
scientific, or academic organizations shall not be considered
to be made for a "commercial purpose" when the principal
purpose of the request is (i) to access and disseminate
information concerning news and current or passing events,
(ii) for articles of opinion or features of interest to the
public, or (iii) for the purpose of academic, scientific, or
public research or education.
(d) "Copying" means the reproduction of any public record
by means of any photographic, electronic, mechanical or other
process, device or means now known or hereafter developed and
available to the public body.
(e) "Head of the public body" means the president, mayor,
chairman, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body, or
such person's duly authorized designee.
(f) "News media" means a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format,
a radio station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(g) "Recurrent requester", as used in Section 3.2 of this

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Act, means a person that, in the 12 months immediately
preceding the request, has submitted to the same public body
(i) a minimum of 50 requests for records, (ii) a minimum of 15
requests for records within a 30-day period, or (iii) a
minimum of 7 requests for records within a 7-day period. For
purposes of this definition, requests made by news media and
non-profit, scientific, or academic organizations shall not be
considered in calculating the number of requests made in the
time periods in this definition when the principal purpose of
the requests is (i) to access and disseminate information
concerning news and current or passing events, (ii) for
articles of opinion or features of interest to the public, or
(iii) for the purpose of academic, scientific, or public
research or education.
For the purposes of this subsection (g), "request" means a
written document (or oral request, if the public body chooses
to honor oral requests) that is submitted to a public body via
personal delivery, mail, telefax, electronic mail, or other
means available to the public body and that identifies the
particular public record the requester seeks. One request may
identify multiple records to be inspected or copied.
(h) "Voluminous request" means a request that: (i)
includes more than 5 individual requests for more than 5
different categories of records or a combination of individual
requests that total requests for more than 5 different
categories of records in a period of 20 business days; or (ii)

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requires the compilation of more than 500 letter or
legal-sized pages of public records unless a single requested
record exceeds 500 pages. "Single requested record" may
include, but is not limited to, one report, form, e-mail,
letter, memorandum, book, map, microfilm, tape, or recording.
"Voluminous request" does not include a request made by
news media and non-profit, scientific, or academic
organizations if the principal purpose of the request is: (1)
to access and disseminate information concerning news and
current or passing events; (2) for articles of opinion or
features of interest to the public; or (3) for the purpose of
academic, scientific, or public research or education.
For the purposes of this subsection (h), "request" means a
written document, or oral request, if the public body chooses
to honor oral requests, that is submitted to a public body via
personal delivery, mail, telefax, electronic mail, or other
means available to the public body and that identifies the
particular public record or records the requester seeks. One
request may identify multiple individual records to be
inspected or copied.
(i) "Severance agreement" means a mutual agreement between
any public body and its employee for the employee's
resignation in exchange for payment by the public body.
(j) "Freedom of Information officer" means an employee or
official of a public body who is appointed by the public body
and responsible for responding to all requests for information

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received by the public body.
(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
99-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
(5 ILCS 140/2.16 new)
Sec. 2.16. Law Enforcement Agencies Data System. 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.
The information provided to a requester under this Section
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.