Bill Text: IL HB3664 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Freedom of Information Act. Provides that a settlement agreement that is funded in whole or part by public moneys or that releases a claim against a public body shall not require or impose any condition on any party to keep allegations, evidence, settlement amounts, or any other information confidential, except that which is necessary to protect a trade secret, proprietary information, or information that is otherwise exempt from disclosure under the Act. Provides that a severance agreement that is funded in whole or part by public moneys or that releases a claim against a public body shall not require or impose any condition on any party to keep allegations, evidence, settlement amounts, or any other information confidential, except that which is necessary to protect a trade secret, proprietary information, or information that is otherwise exempt from disclosure under the Act. Defines "settlement agreement" and "severance agreement".
Spectrum: Moderate Partisan Bill (Democrat 14-4)
Status: (Failed) 2014-12-03 - Session Sine Die [HB3664 Detail]
Download: Illinois-2013-HB3664-Amended.html
Bill Title: Amends the Freedom of Information Act. Provides that a settlement agreement that is funded in whole or part by public moneys or that releases a claim against a public body shall not require or impose any condition on any party to keep allegations, evidence, settlement amounts, or any other information confidential, except that which is necessary to protect a trade secret, proprietary information, or information that is otherwise exempt from disclosure under the Act. Provides that a severance agreement that is funded in whole or part by public moneys or that releases a claim against a public body shall not require or impose any condition on any party to keep allegations, evidence, settlement amounts, or any other information confidential, except that which is necessary to protect a trade secret, proprietary information, or information that is otherwise exempt from disclosure under the Act. Defines "settlement agreement" and "severance agreement".
Spectrum: Moderate Partisan Bill (Democrat 14-4)
Status: (Failed) 2014-12-03 - Session Sine Die [HB3664 Detail]
Download: Illinois-2013-HB3664-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3664
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3664 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Sections 2 and 2.20 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 |
| |||||||
| |||||||
1 | include a child death review team
or the Illinois Child Death | ||||||
2 | Review Teams
Executive Council
established under
the Child | ||||||
3 | Death Review Team Act.
| ||||||
4 | (b) "Person" means any individual, corporation, | ||||||
5 | partnership, firm,
organization
or association, acting | ||||||
6 | individually or as a group.
| ||||||
7 | (c) "Public records" means all records, reports, forms, | ||||||
8 | writings, letters,
memoranda, books, papers, maps, | ||||||
9 | photographs, microfilms, cards, tapes,
recordings,
electronic | ||||||
10 | data processing records, electronic communications, recorded | ||||||
11 | information and all other
documentary
materials pertaining to | ||||||
12 | the transaction of public business, regardless of physical form | ||||||
13 | or characteristics, having been
prepared by or for, or having | ||||||
14 | been or being used by, received by, in the possession of, or | ||||||
15 | under the
control
of
any public body. | ||||||
16 | (c-5) "Private information" means unique identifiers, | ||||||
17 | including a person's social security number, driver's license | ||||||
18 | number, employee identification number, biometric identifiers, | ||||||
19 | personal financial information, passwords or other access | ||||||
20 | codes, medical records, home or personal telephone numbers, and | ||||||
21 | personal email addresses. Private information also includes | ||||||
22 | home address and personal license plates, except as otherwise | ||||||
23 | provided by law or when compiled without possibility of | ||||||
24 | attribution to any person. | ||||||
25 | (c-10) "Commercial purpose" means the use of any part of a | ||||||
26 | public record or records, or information derived from public |
| |||||||
| |||||||
1 | records, in any form for sale, resale, or solicitation or | ||||||
2 | advertisement for sales or services. For purposes of this | ||||||
3 | definition, requests made by news media and non-profit, | ||||||
4 | scientific, or academic organizations shall not be considered | ||||||
5 | to be made for a "commercial purpose" when the principal | ||||||
6 | purpose of the request is (i) to access and disseminate | ||||||
7 | information concerning news and current or passing events, (ii) | ||||||
8 | for articles of opinion or features of interest to the public, | ||||||
9 | or (iii) for the purpose of academic, scientific, or public | ||||||
10 | research or education.
| ||||||
11 | (d) "Copying" means the reproduction of any public record | ||||||
12 | by means of any
photographic, electronic, mechanical or other | ||||||
13 | process, device or means now known or hereafter developed and | ||||||
14 | available to the public body.
| ||||||
15 | (e) "Head of the public body" means the president, mayor, | ||||||
16 | chairman,
presiding
officer, director, superintendent, | ||||||
17 | manager, supervisor or individual otherwise
holding primary | ||||||
18 | executive and administrative authority for the public
body, or | ||||||
19 | such person's duly authorized designee.
| ||||||
20 | (f) "News media" means a newspaper or other periodical | ||||||
21 | issued at regular
intervals whether in print or electronic | ||||||
22 | format, a news service whether
in print or electronic format, a | ||||||
23 | radio
station, a television station, a television network, a | ||||||
24 | community
antenna television service, or a person or | ||||||
25 | corporation engaged in making news
reels or other motion | ||||||
26 | picture news for public showing.
|
| |||||||
| |||||||
1 | (g) "Recurrent requester", as used in Section 3.2 of this | ||||||
2 | Act, means a person that, in the 12 months immediately | ||||||
3 | preceding the request, has submitted to the same public body | ||||||
4 | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | ||||||
5 | requests for records within a 30-day period, or (iii) a minimum | ||||||
6 | of 7 requests for records within a 7-day period. For purposes | ||||||
7 | of this definition, requests made by news media and non-profit, | ||||||
8 | scientific, or academic organizations shall not be considered | ||||||
9 | in calculating the number of requests made in the time periods | ||||||
10 | in this definition when the principal purpose of the requests | ||||||
11 | is (i) to access and disseminate information concerning news | ||||||
12 | and current or passing events, (ii) for articles of opinion or | ||||||
13 | features of interest to the public, or (iii) for the purpose of | ||||||
14 | academic, scientific, or public 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) "Settlement agreement" means any arrangement for | ||||||
23 | payment in exchange for the adjudication or release of a civil | ||||||
24 | claim established by an agreement between some or all of the | ||||||
25 | parties to the claim. | ||||||
26 | (i) "Severance agreement" means a mutual agreement between |
| |||||||
| |||||||
1 | any public body and its employee for the employee's resignation | ||||||
2 | in exchange for payment by the public body. | ||||||
3 | (Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; | ||||||
4 | 96-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
| ||||||
5 | (5 ILCS 140/2.20)
| ||||||
6 | Sec. 2.20. Settlement and severance agreements. | ||||||
7 | (a) All settlement agreements entered into by or on behalf | ||||||
8 | of a public body are public records subject to inspection and | ||||||
9 | copying by the public, provided that information exempt from | ||||||
10 | disclosure under Section 7 of this Act may be redacted.
| ||||||
11 | (b) A settlement agreement that is funded in whole or part | ||||||
12 | by public moneys or that releases a claim against a public body | ||||||
13 | shall not require or impose any condition on any party to keep | ||||||
14 | allegations, evidence, settlement amounts, or any other | ||||||
15 | information confidential, except that which is necessary to | ||||||
16 | protect a trade secret, proprietary information, or | ||||||
17 | information otherwise exempt from disclosure under Section 7 of | ||||||
18 | this Act. | ||||||
19 | (c) A severance agreement that is funded in whole or part | ||||||
20 | by public moneys or that releases a claim against a public body | ||||||
21 | shall not require or impose any condition on any party to keep | ||||||
22 | allegations, evidence, settlement amounts, or any other | ||||||
23 | information confidential, except that which is necessary to | ||||||
24 | protect a trade secret, proprietary information, or | ||||||
25 | information otherwise exempt from disclosure under Section 7 of |
| |||||||
| |||||||
1 | this Act. | ||||||
2 | (d) The changes made by this amendatory Act of the 98th | ||||||
3 | General Assembly do not apply to settlement agreements
and | ||||||
4 | severance agreements signed before the effective date of
this | ||||||
5 | amendatory Act of the 98th General Assembly. | ||||||
6 | (Source: P.A. 96-542, eff. 1-1-10.)".
|