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| Public Act 099-0478 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Freedom of Information Act is amended by | ||||
changing Sections 2 and 2.20 as follows:
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(5 ILCS 140/2) (from Ch. 116, par. 202)
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Sec. 2. Definitions. As used in this Act:
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(a) "Public body" means all legislative,
executive, | ||||
administrative, or advisory bodies of the State, state | ||||
universities
and colleges, counties, townships, 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
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subcommittees thereof, and a School Finance Authority created | ||||
under
Article 1E of the School Code.
"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 | ||||
Department of Children and Family Services Statewide Youth | ||||
Advisory Board Act.
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(b) "Person" means any individual, corporation, | ||||
partnership, firm,
organization
or association, acting | ||
individually or as a group.
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(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 | ||
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.
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(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.
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(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.
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(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.
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(g) "Recurrent requester", as used in Section 3.2 of this | ||
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) 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. | ||
(Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15; | ||
98-1129, eff. 12-3-14; revised 12-19-14.)
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(5 ILCS 140/2.20)
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Sec. 2.20. Settlement and severance agreements. All | ||
settlement and severance agreements entered into by or on | ||
behalf of a public body are public records subject to | ||
inspection and copying by the public, provided that information | ||
exempt from disclosure under Section 7 of this Act may be | ||
redacted.
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(Source: P.A. 96-542, eff. 1-1-10.)
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