Illinois General Assembly - Full Text of HB1716
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Full Text of HB1716  97th General Assembly

HB1716enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB1716 EnrolledLRB097 08394 JDS 48521 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 3. The Freedom of Information Act is amended by
5changing Sections 2, 6, and 9.5 and by adding Section 3.2 as
6follows:
 
7    (5 ILCS 140/2)  (from Ch. 116, par. 202)
8    Sec. 2. Definitions. As used in this Act:
9    (a) "Public body" means all legislative, executive,
10administrative, or advisory bodies of the State, state
11universities and colleges, counties, townships, cities,
12villages, incorporated towns, school districts and all other
13municipal corporations, boards, bureaus, committees, or
14commissions of this State, any subsidiary bodies of any of the
15foregoing including but not limited to committees and
16subcommittees thereof, and a School Finance Authority created
17under Article 1E of the School Code. "Public body" does not
18include a child death review team or the Illinois Child Death
19Review Teams Executive Council established under the Child
20Death Review Team Act.
21    (b) "Person" means any individual, corporation,
22partnership, firm, organization or association, acting
23individually or as a group.

 

 

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1    (c) "Public records" means all records, reports, forms,
2writings, letters, memoranda, books, papers, maps,
3photographs, microfilms, cards, tapes, recordings, electronic
4data processing records, electronic communications, recorded
5information and all other documentary materials pertaining to
6the transaction of public business, regardless of physical form
7or characteristics, having been prepared by or for, or having
8been or being used by, received by, in the possession of, or
9under the control of any public body.
10    (c-5) "Private information" means unique identifiers,
11including a person's social security number, driver's license
12number, employee identification number, biometric identifiers,
13personal financial information, passwords or other access
14codes, medical records, home or personal telephone numbers, and
15personal email addresses. Private information also includes
16home address and personal license plates, except as otherwise
17provided by law or when compiled without possibility of
18attribution to any person.
19    (c-10) "Commercial purpose" means the use of any part of a
20public record or records, or information derived from public
21records, in any form for sale, resale, or solicitation or
22advertisement for sales or services. For purposes of this
23definition, requests made by news media and non-profit,
24scientific, or academic organizations shall not be considered
25to be made for a "commercial purpose" when the principal
26purpose of the request is (i) to access and disseminate

 

 

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1information concerning news and current or passing events, (ii)
2for articles of opinion or features of interest to the public,
3or (iii) for the purpose of academic, scientific, or public
4research or education.
5    (d) "Copying" means the reproduction of any public record
6by means of any photographic, electronic, mechanical or other
7process, device or means now known or hereafter developed and
8available to the public body.
9    (e) "Head of the public body" means the president, mayor,
10chairman, presiding officer, director, superintendent,
11manager, supervisor or individual otherwise holding primary
12executive and administrative authority for the public body, or
13such person's duly authorized designee.
14    (f) "News media" means a newspaper or other periodical
15issued at regular intervals whether in print or electronic
16format, a news service whether in print or electronic format, a
17radio station, a television station, a television network, a
18community antenna television service, or a person or
19corporation engaged in making news reels or other motion
20picture news for public showing.
21    (g) "Recurrent requester", as used in Section 3.2 of this
22Act, means a person that, in the 12 months immediately
23preceding the request, has submitted to the same public body
24(i) a minimum of 50 requests for records, (ii) a minimum of 15
25requests for records within a 30-day period, or (iii) a minimum
26of 7 requests for records within a 7-day period. For purposes

 

 

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1of this definition, requests made by news media and non-profit,
2scientific, or academic organizations shall not be considered
3in calculating the number of requests made in the time periods
4in this definition when the principal purpose of the requests
5is (i) to access and disseminate information concerning news
6and current or passing events, (ii) for articles of opinion or
7features of interest to the public, or (iii) for the purpose of
8academic, scientific, or public research or education.
9    For the purposes of this subsection (g), "request" means a
10written document (or oral request, if the public body chooses
11to honor oral requests) that is submitted to a public body via
12personal delivery, mail, telefax, electronic mail, or other
13means available to the public body and that identifies the
14particular public record the requester seeks. One request may
15identify multiple records to be inspected or copied.
16(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
1796-1000, eff. 7-2-10.)
 
18    (5 ILCS 140/3.2 new)
19    Sec. 3.2. Recurrent requesters.
20    (a) Nothwithstanding any provision of this Act to the
21contrary, a public body shall respond to a request from a
22recurrent requester, as defined in subsection (g) of Section 2,
23within 21 business days after receipt. The response shall (i)
24provide to the requester an estimate of the time required by
25the public body to provide the records requested and an

 

 

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1estimate of the fees to be charged, which the public body may
2require the person to pay in full before copying the requested
3documents, (ii) deny the request pursuant to one or more of the
4exemptions set out in this Act, (iii) notify the requester that
5the request is unduly burdensome and extend an opportunity to
6the requester to attempt to reduce the request to manageable
7proportions, or (iv) provide the records requested.
8    (b) Within 5 business days after receiving a request from a
9recurrent requester, as defined in subsection (g) of Section 2,
10the public body shall notify the requester (i) that the public
11body is treating the request as a request under subsection (g)
12of Section 2, (ii) of the reasons why the public body is
13treating the request as a request under subsection (g) of
14Section 2, and (iii) that the public body will send an initial
15response within 21 business days after receipt in accordance
16with subsection (a) of this Section. The public body shall also
17notify the requester of the proposed responses that can be
18asserted pursuant to subsection (a) of this Section.
19    (c) Unless the records are exempt from disclosure, a public
20body shall comply with a request within a reasonable period
21considering the size and complexity of the request.
 
22    (5 ILCS 140/6)  (from Ch. 116, par. 206)
23    Sec. 6. Authority to charge fees.
24    (a) When a person requests a copy of a record maintained in
25an electronic format, the public body shall furnish it in the

 

 

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1electronic format specified by the requester, if feasible. If
2it is not feasible to furnish the public records in the
3specified electronic format, then the public body shall furnish
4it in the format in which it is maintained by the public body,
5or in paper format at the option of the requester. A public
6body may charge the requester for the actual cost of purchasing
7the recording medium, whether disc, diskette, tape, or other
8medium. A public body may not charge the requester for the
9costs of any search for and review of the records or other
10personnel costs associated with reproducing the records,
11except for commercial requests as provided in subsection (f) of
12this Section. Except to the extent that the General Assembly
13expressly provides, statutory fees applicable to copies of
14public records when furnished in a paper format shall not be
15applicable to those records when furnished in an electronic
16format.
17    (b) Except when a fee is otherwise fixed by statute, each
18public body may charge fees reasonably calculated to reimburse
19its actual cost for reproducing and certifying public records
20and for the use, by any person, of the equipment of the public
21body to copy records. No fees shall be charged for the first 50
22pages of black and white, letter or legal sized copies
23requested by a requester. The fee for black and white, letter
24or legal sized copies shall not exceed 15 cents per page. If a
25public body provides copies in color or in a size other than
26letter or legal, the public body may not charge more than its

 

 

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1actual cost for reproducing the records. In calculating its
2actual cost for reproducing records or for the use of the
3equipment of the public body to reproduce records, a public
4body shall not include the costs of any search for and review
5of the records or other personnel costs associated with
6reproducing the records, except for commercial requests as
7provided in subsection (f) of this Section. Such fees shall be
8imposed according to a standard scale of fees, established and
9made public by the body imposing them. The cost for certifying
10a record shall not exceed $1.
11    (c) Documents shall be furnished without charge or at a
12reduced charge, as determined by the public body, if the person
13requesting the documents states the specific purpose for the
14request and indicates that a waiver or reduction of the fee is
15in the public interest. Waiver or reduction of the fee is in
16the public interest if the principal purpose of the request is
17to access and disseminate information regarding the health,
18safety and welfare or the legal rights of the general public
19and is not for the principal purpose of personal or commercial
20benefit. For purposes of this subsection, "commercial benefit"
21shall not apply to requests made by news media when the
22principal purpose of the request is to access and disseminate
23information regarding the health, safety, and welfare or the
24legal rights of the general public. In setting the amount of
25the waiver or reduction, the public body may take into
26consideration the amount of materials requested and the cost of

 

 

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1copying them.
2    (d) The imposition of a fee not consistent with subsections
3(6)(a) and (b) of this Act constitutes a denial of access to
4public records for the purposes of judicial review.
5    (e) The fee for each abstract of a driver's record shall be
6as provided in Section 6-118 of "The Illinois Vehicle Code",
7approved September 29, 1969, as amended, whether furnished as a
8paper copy or as an electronic copy.
9    (f) A public body may charge up to $10 for each hour spent
10by personnel in searching for and retrieving a requested
11record. No fees shall be charged for the first 8 hours spent by
12personnel in searching for or retrieving a requested record. A
13public body may charge the actual cost of retrieving and
14transporting public records from an off-site storage facility
15when the public records are maintained by a third-party storage
16company under contract with the public body. If a public body
17imposes a fee pursuant to this subsection (f), it must provide
18the requester with an accounting of all fees, costs, and
19personnel hours in connection with the request for public
20records. The provisions of this subsection (f) apply only to
21commercial requests.
22(Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
23    (5 ILCS 140/9.5)
24    Sec. 9.5. Public Access Counselor; opinions.
25    (a) A person whose request to inspect or copy a public

 

 

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1record is denied by a public body, except the General Assembly
2and committees, commissions, and agencies thereof, may file a
3request for review with the Public Access Counselor established
4in the Office of the Attorney General not later than 60 days
5after the date of the final denial. The request for review must
6be in writing, signed by the requester, and include (i) a copy
7of the request for access to records and (ii) any responses
8from the public body.
9    (b) A person whose request to inspect or copy a public
10record is made for a commercial purpose as defined in
11subsection (c-10) of Section 2 of this Act may not file a
12request for review with the Public Access Counselor. A person
13whose request to inspect or copy a public record was treated by
14the public body as a request for a commercial purpose under
15Section 3.1 of this Act may file a request for review with the
16Public Access Counselor for the limited purpose of reviewing
17whether the public body properly determined that the request
18was made for a commercial purpose. A public body that receives
19a request for records, and asserts that the records are exempt
20under subsection (1)(c) or (1)(f) of Section 7 of this Act,
21shall, within the time periods provided for responding to a
22request, provide written notice to the requester and the Public
23Access Counselor of its intent to deny the request in whole or
24in part. The notice shall include: (i) a copy of the request
25for access to records; (ii) the proposed response from the
26public body; and (iii) a detailed summary of the public body's

 

 

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1basis for asserting the exemption. Upon receipt of a notice of
2intent to deny from a public body, the Public Access Counselor
3shall determine whether further inquiry is warranted. Within 5
4working days after receipt of the notice of intent to deny, the
5Public Access Counselor shall notify the public body and the
6requester whether further inquiry is warranted. If the Public
7Access Counselor determines that further inquiry is warranted,
8the procedures set out in this Section regarding the review of
9denials, including the production of documents, shall also be
10applicable to the inquiry and resolution of a notice of intent
11to deny from a public body. Times for response or compliance by
12the public body under Section 3 of this Act shall be tolled
13until the Public Access Counselor concludes his or her inquiry.
14    (c) Upon receipt of a request for review, the Public Access
15Counselor shall determine whether further action is warranted.
16If the Public Access Counselor determines that the alleged
17violation is unfounded, he or she shall so advise the requester
18and the public body and no further action shall be undertaken.
19In all other cases, the Public Access Counselor shall forward a
20copy of the request for review to the public body within 7
21business working days after receipt and shall specify the
22records or other documents that the public body shall furnish
23to facilitate the review. Within 7 business working days after
24receipt of the request for review, the public body shall
25provide copies of records requested and shall otherwise fully
26cooperate with the Public Access Counselor. If a public body

 

 

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1fails to furnish specified records pursuant to this Section, or
2if otherwise necessary, the Attorney General may issue a
3subpoena to any person or public body having knowledge of or
4records pertaining to a request for review of a denial of
5access to records under the Act. To the extent that records or
6documents produced by a public body contain information that is
7claimed to be exempt from disclosure under Section 7 of this
8Act, the Public Access Counselor shall not further disclose
9that information.
10    (d) Within 7 business working days after it receives a copy
11of a request for review and request for production of records
12from the Public Access Counselor, the public body may, but is
13not required to, answer the allegations of the request for
14review. The answer may take the form of a letter, brief, or
15memorandum. The Public Access Counselor shall forward a copy of
16the answer to the person submitting the request for review,
17with any alleged confidential information to which the request
18pertains redacted from the copy. The requester may, but is not
19required to, respond in writing to the answer within 7 business
20working days and shall provide a copy of the response to the
21public body.
22    (e) In addition to the request for review, and the answer
23and the response thereto, if any, a requester or a public body
24may furnish affidavits or records concerning any matter germane
25to the review.
26    (f) Unless the Public Access Counselor extends the time by

 

 

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1no more than 30 21 business days by sending written notice to
2the requester and the public body that includes a statement of
3the reasons for the extension in the notice, or decides to
4address the matter without the issuance of a binding opinion,
5the Attorney General shall examine the issues and the records,
6shall make findings of fact and conclusions of law, and shall
7issue to the requester and the public body an opinion in
8response to the request for review within 60 days after its
9receipt. The opinion shall be binding upon both the requester
10and the public body, subject to administrative review under
11Section 11.5.
12    In responding to any request under this Section 9.5, the
13Attorney General may exercise his or her discretion and choose
14to resolve a request for review by mediation or by a means
15other than the issuance of a binding opinion. The decision not
16to issue a binding opinion shall not be reviewable.
17    Upon receipt of a binding opinion concluding that a
18violation of this Act has occurred, the public body shall
19either take necessary action immediately to comply with the
20directive of the opinion or shall initiate administrative
21review under Section 11.5. If the opinion concludes that no
22violation of the Act has occurred, the requester may initiate
23administrative review under Section 11.5.
24    A public body that discloses records in accordance with an
25opinion of the Attorney General is immune from all liabilities
26by reason thereof and shall not be liable for penalties under

 

 

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1this Act.
2    (g) If the requester files suit under Section 11 with
3respect to the same denial that is the subject of a pending
4request for review, the requester shall notify the Public
5Access Counselor, and the Public Access Counselor shall take no
6further action with respect to the request for review and shall
7so notify the public body.
8    (h) The Attorney General may also issue advisory opinions
9to public bodies regarding compliance with this Act. A review
10may be initiated upon receipt of a written request from the
11head of the public body or its attorney, which shall contain
12sufficient accurate facts from which a determination can be
13made. The Public Access Counselor may request additional
14information from the public body in order to assist in the
15review. A public body that relies in good faith on an advisory
16opinion of the Attorney General in responding to a request is
17not liable for penalties under this Act, so long as the facts
18upon which the opinion is based have been fully and fairly
19disclosed to the Public Access Counselor.
20(Source: P.A. 96-542, eff. 1-1-10.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.