96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6938
 
Introduced , by Rep. JoAnn D. Osmond
 
SYNOPSIS AS INTRODUCED:
 

 
5 ILCS 140/3.1

     Amends the Freedom of Information Act. Provides that the Department of Natural Resources may not categorize a request for public records as a request for records to be used for a commercial purpose if that request is made by a municipality.
  


LRB096 24209 JDS 43653 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB6938LRB096 24209 JDS 43653 b


  
1    AN ACT concerning 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 3.1 as follows:
 
6    (5 ILCS 140/3.1)

7    Sec. 3.1. Requests for commercial purposes. 
8    (a) A public body shall respond to a request for records to 
9be used for a commercial purpose within 21 working days after 
10receipt. The response shall (i) provide to the requester an 
11estimate of the time required by the public body to provide the 
12records requested and an estimate of the fees to be charged, 
13which the public body may require the person to pay in full 
14before copying the requested documents, (ii) deny the request 
15pursuant to one or more of the exemptions set out in this Act, 
16(iii) notify  the requester that the request is unduly 
17burdensome and extend an opportunity to the requester to 
18attempt to reduce the request to manageable proportions, or 
19(iv) provide the records requested.
20    (b) Unless the records are exempt from disclosure, a public 
21body shall comply with a request within a reasonable period 
22considering the size and complexity of the request, and giving 
23priority to records requested for non-commercial purposes.
 
 
HB6938- 2 -LRB096 24209 JDS 43653 b

1    (b-5) The Department of Natural Resources may not 
2categorize a request for public records as a request for 
3records to be used for a commercial purpose if the request is 
4made by a municipality. Instead, the Department must, as 
5specified in subsection (d) of Section 3, comply with each 
6request for public records within 5 business days after its 
7receipt, unless the time for response is properly extended 
8under subsection (e) of Section 3. This subsection shall not be 
9construed to limit any exemption that is otherwise available 
10under Section 7. 
11    (c) It is a violation of this Act for a person to knowingly 
12obtain a public record for a commercial purpose without 
13disclosing that it is for a commercial purpose, if requested to 
14do so by the public body.

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