Full Text of HB3364 103rd General Assembly
HB3364 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3364 Introduced 2/17/2023, by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/3 | from Ch. 116, par. 203 |
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Amends the Freedom of Information Act. Provides that a public body may require (rather than may not require) that a request be submitted on a standard form or require the requester to specify the purpose for a request. Provides that a person making a request may not make a request for any other individual, but may make a request for an organization if the person discloses the organization for whom the request is being made.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 3 and 3.2 as follows:
| 6 | | (5 ILCS 140/3) (from Ch. 116, par. 203)
| 7 | | Sec. 3.
(a) Each public body shall make available to any | 8 | | person for
inspection or copying all public records, except as | 9 | | otherwise provided in
Sections 7 and 8.5 of this Act.
| 10 | | Notwithstanding any other law, a public body may not grant to | 11 | | any person
or entity, whether by contract, license, or | 12 | | otherwise, the exclusive right to
access and disseminate any | 13 | | public record as defined in this Act.
| 14 | | (b) Subject to the fee provisions of Section 6 of this Act, | 15 | | each public
body shall promptly provide, to any person who | 16 | | submits a request,
a copy of any public record required to be | 17 | | disclosed
by subsection (a) of this Section and shall certify | 18 | | such copy if so requested.
| 19 | | (c) Requests for inspection or copies shall be made in | 20 | | writing and directed to the public body. Written requests may | 21 | | be submitted to a public body via personal delivery, mail, | 22 | | telefax, or other means available to the public body. A public | 23 | | body may honor oral requests for inspection or copying. A |
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| 1 | | public body may not require that a request be submitted on a | 2 | | standard form or require the requester to specify the purpose | 3 | | for a request , except to determine whether the records are | 4 | | requested for a commercial purpose or whether to grant a | 5 | | request for a fee waiver . A person making a request may not | 6 | | make a request for any other individual, but may make a request | 7 | | for an organization if the person discloses the organization | 8 | | for whom the request is being made. All requests for | 9 | | inspection and copying received by a public body shall | 10 | | immediately be forwarded to its Freedom of Information officer | 11 | | or designee. | 12 | | (d) Each public body shall, promptly, either comply with | 13 | | or deny a
request for public records within 5 business days | 14 | | after its receipt of the request, unless the time for response | 15 | | is properly extended under subsection (e) of this Section. | 16 | | Denial
shall be in writing as provided in Section 9 of this | 17 | | Act. Failure to comply with
a written request, extend the time | 18 | | for response, or deny a request within 5 business days after | 19 | | its receipt shall be considered a
denial of the request. A | 20 | | public body that fails to respond to a request within the | 21 | | requisite periods in this Section but thereafter provides the | 22 | | requester with copies of the requested public records may not | 23 | | impose a fee for such copies. A public body that fails to | 24 | | respond to a request received may not treat the request as | 25 | | unduly burdensome under subsection (g).
| 26 | | (e) The time for response under this Section may be
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| 1 | | extended by the public body for not more than 5 business days | 2 | | from the original due date for any
of the following reasons:
| 3 | | (i) the requested records are stored in whole or in | 4 | | part at other
locations
than the office having charge of | 5 | | the requested records;
| 6 | | (ii) the request requires the collection of a | 7 | | substantial number of
specified records;
| 8 | | (iii) the request is couched in categorical terms and | 9 | | requires an
extensive
search for the records responsive to | 10 | | it;
| 11 | | (iv) the requested records have not been located in | 12 | | the course of routine
search and additional efforts are | 13 | | being made to locate them;
| 14 | | (v) the requested records require examination and | 15 | | evaluation by personnel
having the necessary competence | 16 | | and discretion to determine if they are
exempt from | 17 | | disclosure under Section 7 of this Act or should be | 18 | | revealed
only with appropriate deletions;
| 19 | | (vi) the request for records cannot be complied with | 20 | | by the public body
within the time limits prescribed by | 21 | | subsection (d) of this Section without
unduly burdening or | 22 | | interfering with the operations of the public body;
| 23 | | (vii) there is a need for consultation, which shall be | 24 | | conducted with all
practicable speed, with another public | 25 | | body or among 2 or more components
of a public body having | 26 | | a substantial interest in the determination or in
the |
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| 1 | | subject matter of the request.
| 2 | | The person making a request and the public body may agree | 3 | | in writing to extend the time for compliance for a period to be | 4 | | determined by the parties. If the requester and the public | 5 | | body agree to extend the period for compliance, a failure by | 6 | | the public body to comply with any previous deadlines shall | 7 | | not be treated as a denial of the request for the records. | 8 | | (f) When additional time is required for any of the above | 9 | | reasons, the
public body shall, within 5 business days after | 10 | | receipt of the request, notify the person making the request | 11 | | of the reasons
for the extension and the date by which the | 12 | | response will be forthcoming. Failure to respond within the | 13 | | time permitted for extension shall be considered a denial of | 14 | | the request. A public body that fails to respond to a request | 15 | | within the time permitted for extension but thereafter | 16 | | provides the requester with copies of the requested public | 17 | | records may not impose a fee for those copies. A public body | 18 | | that requests an extension and subsequently fails to respond | 19 | | to the request may not treat the request as unduly burdensome | 20 | | under subsection (g).
| 21 | | (g) Requests calling for all records falling within a | 22 | | category shall be
complied with unless compliance with the | 23 | | request would be unduly burdensome
for the complying public | 24 | | body and there is no way to narrow the request and the
burden | 25 | | on the public body outweighs the public interest in the | 26 | | information.
Before invoking this exemption, the public body |
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| 1 | | shall extend to the person
making the request an opportunity | 2 | | to confer with it in an attempt to reduce
the request to | 3 | | manageable proportions. If any public body responds to a | 4 | | categorical
request by stating that compliance would unduly | 5 | | burden its operation and
the conditions described above are | 6 | | met, it shall do so in writing, specifying
the reasons why it | 7 | | would be unduly burdensome and the extent to which compliance
| 8 | | will so burden the operations of the public body. Such a | 9 | | response shall
be treated as a denial of the
request for | 10 | | information. | 11 | | Repeated requests from the same person for the same | 12 | | records that are unchanged or identical to records previously | 13 | | provided or properly denied under this Act shall be deemed | 14 | | unduly burdensome under this provision.
| 15 | | (h) Each public body may promulgate rules and regulations | 16 | | in conformity
with the provisions of this Section pertaining | 17 | | to the availability of records
and procedures to be followed, | 18 | | including:
| 19 | | (i) the times and places where such records will be | 20 | | made available, and
| 21 | | (ii) the persons from whom such records may be | 22 | | obtained.
| 23 | | (i) The time periods for compliance or denial of a request | 24 | | to inspect or copy records set out in this Section shall not | 25 | | apply to requests for records made for a commercial purpose, | 26 | | requests by a recurrent requester, or voluminous requests. |
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| 1 | | Such requests shall be subject to the provisions of Sections | 2 | | 3.1, 3.2, and 3.6 of this Act, as applicable. | 3 | | (Source: P.A. 101-81, eff. 7-12-19.)
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