Full Text of HB4270 95th General Assembly
HB4270ham002 95TH GENERAL ASSEMBLY
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State Government Administration Committee
Adopted in House Comm. on Feb 27, 2008
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| AMENDMENT TO HOUSE BILL 4270
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| AMENDMENT NO. ______. Amend House Bill 4270, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Freedom of Information Act is amended by | 6 |
| changing Section 3 as follows:
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| (5 ILCS 140/3) (from Ch. 116, par. 203)
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| Sec. 3. (a) Each public body shall make available to any | 9 |
| person for
inspection or copying all public records, except as | 10 |
| otherwise provided in
Section 7 of this Act.
Notwithstanding | 11 |
| any other law, a public body may not grant to any person
or | 12 |
| entity, whether by contract, license, or otherwise, the | 13 |
| exclusive right to
access and disseminate any public record as | 14 |
| defined in this Act.
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| (b) Subject to the fee provisions of Section 6 of this Act, | 16 |
| each public
body shall promptly provide, to any person who |
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| submits a written request,
a copy of any public record required | 2 |
| to be disclosed
by subsection (a) of this Section and shall | 3 |
| certify such copy if so requested. The public body shall | 4 |
| provide a record created after the effective date of this | 5 |
| amendatory Act of the 95th General Assembly in any form or | 6 |
| format requested, if the record is readily reproducible in that | 7 |
| form or format. Each public body shall make reasonable efforts | 8 |
| to maintain records, created after the effective date of this | 9 |
| amendatory Act of the 95th General Assembly and subject to | 10 |
| public inspection and copying, in forms or formats that are | 11 |
| reproducible. Each public body shall make reasonable efforts to | 12 |
| search for requested records, which are created after the | 13 |
| effective date of this amendatory Act of the 95th General | 14 |
| Assembly and subject to the public inspection and copying | 15 |
| requirements, in an electronic format, unless those efforts | 16 |
| would significantly interfere with the operations of the public | 17 |
| body's automated information system. Notwithstanding any other | 18 |
| rulemaking authority that may exist, neither the Governor nor | 19 |
| any agency or agency head under the jurisdiction of the | 20 |
| Governor has any authority to make or promulgate rules to | 21 |
| implement or enforce the provisions of this amendatory Act of | 22 |
| the 95th General Assembly. If, however, the Governor believes | 23 |
| that rules are necessary to implement or enforce the provisions | 24 |
| of this amendatory Act of the 95th General Assembly, the | 25 |
| Governor may suggest rules to the General Assembly by filing | 26 |
| them with the Clerk of the House and the Secretary of the |
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| Senate and by requesting that the General Assembly authorize | 2 |
| such rulemaking by law, enact those suggested rules into law, | 3 |
| or take any other appropriate action in the General Assembly's | 4 |
| discretion. Nothing contained in this amendatory Act of the | 5 |
| 95th General Assembly shall be interpreted to grant rulemaking | 6 |
| authority under any other Illinois statute where such authority | 7 |
| is not otherwise explicitly given. For the purposes of this | 8 |
| subsection, "rules" is given the meaning contained in Section | 9 |
| 1-70 of the Illinois Administrative Procedure Act, and "agency" | 10 |
| and "agency head" are given the meanings contained in Sections | 11 |
| 1-20 and 1-25 of the Illinois Administrative Procedure Act to | 12 |
| the extent that such definitions apply to agencies or agency | 13 |
| heads under the jurisdiction of the Governor.
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| (c) Each public body shall, promptly, either comply with or | 15 |
| deny a written
request for public records within 7 working days | 16 |
| after its receipt. Denial
shall be by letter as provided in | 17 |
| Section 9 of this Act. Failure to respond to
a written request | 18 |
| within 7 working days after its receipt shall be considered a
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| denial of the request.
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| (d) The time limits prescribed in paragraph (c) of this | 21 |
| Section may be
extended in each case for not more than 7 | 22 |
| additional working days for any
of the following reasons:
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| (i) the requested records are stored in whole or in | 24 |
| part at other
locations
than the office having charge of | 25 |
| the requested records;
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| (ii) the request requires the collection of a |
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| substantial number of
specified records;
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| (iii) the request is couched in categorical terms and | 3 |
| requires an
extensive
search for the records responsive to | 4 |
| it;
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| (iv) the requested records have not been located in the | 6 |
| course of routine
search and additional efforts are being | 7 |
| made to locate them;
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| (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;
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| (vi) the request for records cannot be complied with by | 14 |
| the public body
within the time limits prescribed by | 15 |
| paragraph (c) of this Section without
unduly burdening or | 16 |
| interfering with the operations of the public body;
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| (vii) there is a need for consultation, which shall be | 18 |
| conducted with all
practicable speed, with another public | 19 |
| body or among two or more components
of a public body | 20 |
| having a substantial interest in the determination or in
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| the subject matter of the request.
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| (e) When additional time is required for any of the above | 23 |
| reasons, the
public body shall notify by letter the person | 24 |
| making the written request within
the time limits specified by | 25 |
| paragraph (c) of this Section of the reasons
for the delay and | 26 |
| the date by which the records will be made available or
denial |
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| will be forthcoming. In no instance, may the delay in | 2 |
| processing
last longer than 7 working days. A failure to render | 3 |
| a decision within
7 working days shall be considered a denial | 4 |
| of the request.
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| (f) Requests calling for all records falling within a | 6 |
| category shall be
complied with unless compliance with the | 7 |
| request would be unduly burdensome
for the complying public | 8 |
| body and there is no way to narrow the request and the
burden | 9 |
| on the public body outweighs the public interest in the | 10 |
| information.
Before invoking this exemption, the public body | 11 |
| shall extend to the person
making the request an opportunity to | 12 |
| confer with it in an attempt to reduce
the request to | 13 |
| manageable proportions. If any body responds to a categorical
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| request by stating that compliance would unduly burden its | 15 |
| operation and
the conditions described above are met, it shall | 16 |
| do so in writing, specifying
the reasons why it would be unduly | 17 |
| burdensome and the extent to which compliance
will so burden | 18 |
| the operations of the public body. Such a response shall
be | 19 |
| treated as a denial of the
request for information. Repeated | 20 |
| requests for the same public records by
the same person shall | 21 |
| be deemed unduly burdensome under this provision.
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| (g) Each public body may promulgate rules and regulations | 23 |
| in conformity
with the provisions of this Section pertaining to | 24 |
| the availability of records
and procedures to be followed, | 25 |
| including:
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| (i) the times and places where such records will be |
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| made available, and
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| (ii) the persons from whom such records may be | 3 |
| obtained.
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| (Source: P.A. 90-206, eff. 7-25-97.)".
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