Illinois General Assembly

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Full Text of SB2203  97th General Assembly


Sen. Pamela J. Althoff

Filed: 3/11/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 2203 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 1 as follows:
6    (5 ILCS 140/1)  (from Ch. 116, par. 201)
7    Sec. 1. Pursuant to the the fundamental philosophy of the
8American constitutional form of government, it is declared to
9be the public policy of the State of Illinois that all persons
10are entitled to full and complete information regarding the
11affairs of government and the official acts and policies of
12those who represent them as public officials and public
13employees consistent with the terms of this Act. Such access is
14necessary to enable the people to fulfill their duties of
15discussing public issues fully and freely, making informed
16political judgments and monitoring government to ensure that it



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1is being conducted in the public interest.
2    The General Assembly hereby declares that it is the public
3policy of the State of Illinois that access by all persons to
4public records promotes the transparency and accountability of
5public bodies at all levels of government. It is a fundamental
6obligation of government to operate openly and provide public
7records as expediently and efficiently as possible in
8compliance with this Act.
9     This Act is not intended to cause an unwarranted invasion
10of personal privacy, nor to allow the requests of a commercial
11enterprise to unduly burden public resources, or to disrupt the
12duly-undertaken work of any public body independent of the
13fulfillment of any of the fore-mentioned rights of the people
14to access to information.
15    This Act is not intended to create an obligation on the
16part of any public body to maintain or prepare any public
17record which was not maintained or prepared by such public body
18at the time when this Act becomes effective, except as
19otherwise required by applicable local, State or federal law.
20    Restraints on access to information, to the extent
21permitted by this Act, are limited exceptions to the principle
22that the people of this State have a right to full disclosure
23of information relating to the decisions, policies,
24procedures, rules, standards, and other aspects of government
25activity that affect the conduct of government and the lives of
26any or all of the people. The provisions of this Act shall be



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1construed in accordance with this principle. This Act shall be
2construed to require disclosure of requested information as
3expediently and efficiently as possible and adherence to the
4deadlines established in this Act.
5    The General Assembly recognizes that this Act imposes
6fiscal obligations on public bodies to provide adequate staff
7and equipment to comply with its requirements. The General
8Assembly declares that providing records in compliance with the
9requirements of this Act is a primary duty of public bodies to
10the people of this State, and this Act should be construed to
11this end, fiscal obligations notwithstanding.
12    The General Assembly further recognizes that technology
13may advance at a rate that outpaces its ability to address
14those advances legislatively. To the extent that this Act may
15not expressly apply to those technological advances, this Act
16should nonetheless be interpreted to further the declared
17policy of this Act that public records shall be made available
18upon request except when denial of access furthers the public
19policy underlying a specific exemption.
20    This Act shall be the exclusive State statute on freedom of
21information, except to the extent that other State statutes
22might create additional restrictions on disclosure of
23information or other laws in Illinois might create additional
24obligations for disclosure of information to the public.
25(Source: P.A. 96-542, eff. 1-1-10.)".