093_SB1416eng

 
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 1        AN ACT concerning freedom of information.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Freedom of Information Act is amended  by
 5    changing Section 3 and adding Section 4.5 as follows:

 6        (5 ILCS 140/3) (from Ch. 116, par. 203)
 7        Sec.  3.  (a)  Each  public  body shall make available to
 8    any person for inspection  or  copying  all  public  records,
 9    except  as  otherwise  provided  in  Section  7  of this Act.
10    Notwithstanding any other law, a public body may not grant to
11    any person  or  entity,  whether  by  contract,  license,  or
12    otherwise,  the exclusive right to access and disseminate any
13    public record as defined in this Act.
14        (b)  Subject to the fee provisions of Section 6  of  this
15    Act,  each  public body shall promptly provide, to any person
16    who submits a written request, a copy of  any  public  record
17    required  to  be  disclosed by subsection (a) of this Section
18    and shall certify such copy if so requested.
19        (c)  Each public body shall, promptly, either comply with
20    or deny a written request for public records within 7 working
21    days after  its  receipt.   Denial  shall  be  by  letter  as
22    provided  in  Section 9 of this Act.  Failure to respond to a
23    written request within 7 working days after its receipt shall
24    be considered a denial of the request.
25        (d)  The time limits prescribed in paragraph (c) of  this
26    Section  may  be  extended  in  each case for not more than 7
27    additional working days for any of the following reasons:
28             (i)  the requested records are stored in whole or in
29        part at other locations than the office having charge  of
30        the requested records;
31             (ii)  the  request  requires  the  collection  of  a
 
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 1        substantial number of specified records;
 2             (iii)  the  request  is couched in categorical terms
 3        and  requires  an  extensive  search  for   the   records
 4        responsive to it;
 5             (iv)  the requested records have not been located in
 6        the  course  of routine search and additional efforts are
 7        being made to locate them;
 8             (v)  the requested records require  examination  and
 9        evaluation  by  personnel having the necessary competence
10        and discretion to  determine  if  they  are  exempt  from
11        disclosure  under  Section  7  of  this  Act or should be
12        revealed only with appropriate deletions;
13             (vi)  the request for  records  cannot  be  complied
14        with by the public body within the time limits prescribed
15        by paragraph (c) of this Section without unduly burdening
16        or interfering with the operations of the public body;
17             (vii)  there is a need for consultation, which shall
18        be conducted with all  practicable  speed,  with  another
19        public  body  or among two or more components of a public
20        body having a substantial interest in  the  determination
21        or in the subject matter of the request.
22        (e)  When  additional  time  is  required  for any of the
23    above reasons, the public body shall  notify  by  letter  the
24    person  making  the  written  request  within the time limits
25    specified by paragraph (c) of this Section of the reasons for
26    the delay and the date by which  the  records  will  be  made
27    available or denial will be forthcoming.  In no instance, may
28    the  delay in processing last longer than 7 working days.   A
29    failure to render a decision within 7 working days  shall  be
30    considered a denial of the request. An officer or employee of
31    a  public  body  who  purposely  stalls  the  processing of a
32    request by asserting in bad faith one or more of the  reasons
33    for  extension  under  subsection (d) is guilty of a business
34    offense subject to a fine of $1,000.
 
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 1        (f)  Requests calling for all records  falling  within  a
 2    category  shall  be  complied with unless compliance with the
 3    request would be unduly burdensome for the  complying  public
 4    body and there is no way to narrow the request and the burden
 5    on  the  public  body  outweighs  the  public interest in the
 6    information. Before invoking this exemption, the public  body
 7    shall  extend to the person making the request an opportunity
 8    to confer with it in an attempt  to  reduce  the  request  to
 9    manageable   proportions.    If   any   body  responds  to  a
10    categorical request by stating that compliance  would  unduly
11    burden  its  operation and the conditions described above are
12    met, it shall do so in writing, specifying the reasons why it
13    would be unduly burdensome and the extent to which compliance
14    will so burden the operations of the  public  body.   Such  a
15    response  shall  be  treated  as  a denial of the request for
16    information.  Repeated requests for the same  public  records
17    by  the  same  person shall be deemed unduly burdensome under
18    this provision.
19        (g)  In addition to meeting the  requirement  of  Section
20    4.5, each public body may promulgate rules and regulations in
21    conformity  with the provisions of this Section pertaining to
22    the availability of records and procedures  to  be  followed,
23    including:
24             (i)  the times and places where such records will be
25        made available, and
26             (ii)  the  persons  from  whom  such  records may be
27        obtained.
28    (Source: P.A. 90-206, eff. 7-25-97.)

29        (5 ILCS 140/4.5 new)
30        Sec. 4.5.  Statewide directory of request contacts.
31        (a)  The Secretary of State  shall  establish,  maintain,
32    update,  and  make  available  to  the  public a directory of
33    persons designated by public bodies under Section  4 to  whom
 
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 1    requests under this Act should be directed.  The Secretary of
 2    State  shall  request  from each public body the title, name,
 3    mailing address, telephone number, fax number,  if  any,  and
 4    e-mail  address,  if  any,  of  each person designated by the
 5    public body under Section 4. Each public body  shall  provide
 6    and  update  this  information  to  the Secretary of State in
 7    accordance with rules promulgated by the Secretary of State.
 8        (b)  The Secretary of  State  shall  make  the  directory
 9    required  by  this  Section  available to the public in print
10    format upon request and on the Internet.