Illinois General Assembly - Full Text of SB2046
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Full Text of SB2046  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Craig Wilcox


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.

LRB103 26145 AWJ 52502 b





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



SB2046- 2 -LRB103 26145 AWJ 52502 b

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.)