SB3129 103RD GENERAL ASSEMBLY

LRB103 38067 AWJ 68199 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3129

Introduced 2/2/2024, 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.

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Freedom of Information Act is amended by changing Section 3.5 as follows:

(5 ILCS 140/3.5)

Sec. 3.5. Freedom of Information officers.

(a) Each public body shall designate one or more public body officials or employees to act as its Freedom of Information officer or officers. Except in instances when records are furnished immediately, Freedom of Information officers, or their designees, shall receive requests submitted to the public body under this Act, ensure that the public body responds to requests in a timely fashion, and issue responses under this Act. Freedom of Information officers shall develop a list of documents or categories of records that the public body shall immediately disclose upon request.

Upon receiving a request for a public record, the Freedom of Information officer shall:

(1) note the date the public body receives the written request;

(2) compute the day on which the period for response will expire and make a notation of that date on the written request;

(3) maintain an electronic or paper copy of a written request, including all documents submitted with the request until the request has been complied with or denied; and

(4) create a file for the retention of the original request, a copy of the response, a record of written communications with the requester, and a copy of other communications.

(b) All Freedom of Information officers shall, within 6 months after the effective date of this amendatory Act of the 96th General Assembly, successfully complete an electronic training curriculum to be developed by the Public Access Counselor and thereafter successfully complete an annual training program. Thereafter, whenever a new Freedom of Information officer is designated by a public body, that person shall successfully complete the electronic training curriculum within 30 days after assuming the position. Successful completion of the required training curriculum within the periods provided shall be a prerequisite to continue serving as a Freedom of Information officer.

(c) As used in this Section, "public body officials" means elected or appointed office holders of the public body. "Public body officials" does not include private attorneys or law firms appointed to represent the public body.

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