HB0155 97TH GENERAL ASSEMBLY

LRB097 03039 JDS 43070 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0155

Introduced 1/18/2011, 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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning 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 3.1 as follows:

(5 ILCS 140/3.1)

Sec. 3.1. Requests for commercial purposes.

(a) A public body shall respond to a request for records to be used for a commercial purpose within 21 working days after receipt. The response shall (i) provide to the requester an estimate of the time required by the public body to provide the records requested and an estimate of the fees to be charged, which the public body may require the person to pay in full before copying the requested documents, (ii) deny the request pursuant to one or more of the exemptions set out in this Act, (iii) notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions, or (iv) provide the records requested.

(b) Unless the records are exempt from disclosure, a public body shall comply with a request within a reasonable period considering the size and complexity of the request, and giving priority to records requested for non-commercial purposes.

(b-5) 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 the request is made by a municipality. Instead, the Department must, as specified in subsection (d) of Section 3, comply with each request for public records within 5 business days after its receipt, unless the time for response is properly extended under subsection (e) of Section 3. This subsection shall not be construed to limit any exemption that is otherwise available under Section 7.

(c) It is a violation of this Act for a person to knowingly obtain a public record for a commercial purpose without disclosing that it is for a commercial purpose, if requested to do so by the public body.

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