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HB 2421

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2025 Regular Session Introduced by Mike Webert

Adds a new FOIA exemption so records stored in shared electronic systems are exempt from disclosure if the recipient agency didn’t create or participate in the events and only has

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Bill Summary · HB 2421

HB 2421 — Summary (FOIA — Criminal Justice Agency)

Note: The provided document appears to combine text from two different bills both labeled “HB 2421” in different jurisdictions. This summary focuses on the Freedom of Information Act (FOIA) amendment titled “FOIA‑CRIM JUSTICE AGENCY” (Illinois). A separate, unrelated portion of the document contains an Arizona corporate income tax rate change; that tax text is summarized briefly at the end for clarity.

Purpose / Intent

Amend the Illinois Freedom of Information Act (5 ILCS 140/7) to create a specific exemption from public inspection and copying for certain law enforcement records that are stored in shared electronic record management systems — when the agency receiving a FOIA request did not create, participate in, or have any role in the events described and only has access via the shared system.

Key Provisions

  • Amends Section 7 (Exemptions) of the Illinois FOIA (5 ILCS 140/7).
  • Adds a new exemption (appears as subsection (d‑5)) providing that:
    • A law enforcement record created for law enforcement purposes and contained in a shared electronic record management system may be exempt from inspection/copying if:
    • The law enforcement agency or criminal justice agency that is the recipient of the FOIA request did not create the record;
    • The recipient agency did not participate in or have a role in any of the events that are the subject of the record; and
    • The recipient agency only has access to the record through the shared electronic record management system.
  • Existing FOIA redaction obligations and other exemptions (privacy, ongoing investigations, etc.) remain in the statute; this addition narrows the set of agencies that must produce records housed in shared systems to those that originally created or were involved with the record.

Who Is Affected

  • Law enforcement and criminal justice agencies that participate in shared electronic record management systems (e.g., regional RMS, shared databases).
  • Requesters of law enforcement records (journalists, researchers, members of the public, attorneys, victims) — may have to direct requests to the originating agency rather than any agency that has access via shared systems.
  • Originating agencies that created the records — will remain the primary producers of such records when disclosure is sought.
  • Potentially reduces instances where non‑originating agencies fulfill FOIA requests for records they only access through shared systems.

Practical Impact / Policy Considerations

  • May limit public access to records housed in multi‑agency systems when the responding agency did not originate or participate in the underlying events.
  • Could increase administrative burden on requesters (must identify and contact originating agency).
  • May protect agencies from having to disclose records that concern incidents outside their jurisdiction or involvement.
  • Raises questions about transparency for records that are widely accessible across agencies via shared systems but originated elsewhere.

Legislative Status & Timeline (Illinois FOIA bill)

  • Introduced: 02/04/2025 (Rep. Natalie A. Manley listed as the sponsor in the Illinois text).
  • Passed both chambers; sent to the Governor.
  • Filed without the Governor’s signature: 06/22/2025.
  • Effective date: 09/01/2025.

Note — Unrelated Arizona Corporate Tax Text Included in Document

The same document also contains text amending Arizona Revised Statutes §43‑1111 (corporate income tax), which appears unrelated to the Illinois FOIA amendment. That text would reduce Arizona’s corporate income tax rate on taxable years beginning on or after December 31, 2025 to 2.0% (retaining a $50 minimum tax). Sponsors listed earlier (Alexander Kolodin, Rachel Keshel, Laurin Hendrix, Nick Kupper) appear to be associated with the Arizona text, not the Illinois FOIA amendment.

Compiled from official sources — confirm details with the bill’s official record.

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