103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2046
 
Introduced 2/9/2023, by Sen. Craig Wilcox
 
SYNOPSIS AS INTRODUCED:
 

 
5 ILCS 140/3.5

     Amends the Freedom of Information Act. Provides that each public body shall designate one or more public body officials or employees (rather than officials or employees) to act as its Freedom of Information officer or officers. Provides that "public body officials" means elected or appointed office holders of the public body but does not include private attorneys or law firms appointed to represent the public body.
  


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A BILL FOR
 

  
SB2046LRB103 26145 AWJ 52502 b


  
1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Freedom of Information Act is amended  by 
5changing Section 3.5 as follows:
 
6    (5 ILCS 140/3.5)
7    Sec. 3.5. Freedom of Information officers. 
8    (a) Each public body shall designate one or more public 
9body officials or employees to act as its Freedom of 
10Information officer or officers.  Except in instances when 
11records are furnished immediately, Freedom of Information 
12officers, or their designees, shall receive requests submitted 
13to the public body under this Act, ensure that the public body 
14responds to requests in a timely fashion, and issue responses 
15under this Act. Freedom of Information officers shall develop 
16a list of documents or categories of records that the public 
17body shall immediately disclose upon request.
18    Upon receiving a request for a public record, the Freedom 
19of Information officer shall: 
20        (1) note the date the public body receives the written 
21    request;
22        (2) compute the day on which the period for response 
23    will expire and make a notation of that date on the written 
 
 
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1    request;
2        (3) maintain an electronic or paper copy of a written 
3    request, including all documents submitted with the 
4    request until the request has been complied with or 
5    denied; and
6        (4) create a file for the retention of the original 
7    request, a copy of the response, a record of written 
8    communications with the requester, and a copy of other 
9    communications. 
10    (b) All Freedom of Information officers shall, within 6 
11months after the effective date of this amendatory Act of the 
1296th General Assembly, successfully complete an electronic 
13training curriculum to be developed by the Public Access 
14Counselor and thereafter successfully complete an annual 
15training program.  Thereafter, whenever a new Freedom of 
16Information officer is designated by a public body, that 
17person shall successfully complete the electronic training 
18curriculum within 30 days after assuming the position.  
19Successful completion of the required training curriculum 
20within the periods provided shall be a prerequisite to 
21continue serving as a Freedom of Information officer.
22    (c) As used in this Section, "public body officials" means 
23elected or appointed office holders of the public body.  
24"Public body officials" does not include private attorneys or 
25law firms appointed to represent the public body. 

26(Source: P.A. 96-542, eff. 1-1-10.)