Full Text of SB1645 97th General Assembly
SB1645 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1645 Introduced 2/9/2011, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED: |
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5 ILCS 140/3 | from Ch. 116, par. 203 |
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Amends the Freedom of Information Act. Changes a subsection cross-reference in provisions governing a public body's request response period. Effective immediately.
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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 Section 3 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
Section 7 of this Act.
Notwithstanding | 10 | | any other law, a public body may not grant to any person
or | 11 | | entity, whether by contract, license, or otherwise, the | 12 | | exclusive right to
access and disseminate any public record as | 13 | | 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. All requests for inspection and | 6 | | copying received by a public body shall immediately be | 7 | | forwarded to its Freedom of Information officer or designee. | 8 | | (d) Each public body shall, promptly, either comply with or | 9 | | deny a
request for public records within 5 business days after | 10 | | its receipt of the request, unless the time for response is | 11 | | properly extended under subsection (e) of this Section. Denial
| 12 | | shall be in writing as provided in Section 9 of this Act. | 13 | | Failure to comply with
a written request, extend the time for | 14 | | response, or deny a request within 5 business days after its | 15 | | receipt shall be considered a
denial of the request. A public | 16 | | body that fails to respond to a request within the requisite | 17 | | periods in this Section but thereafter provides the requester | 18 | | with copies of the requested public records may not impose a | 19 | | fee for such copies. A public body that fails to respond to a | 20 | | request received may not treat the request as unduly burdensome | 21 | | under subsection (g).
| 22 | | (e) The time for response under this Section may be
| 23 | | extended by the public body for not more than 5 business days | 24 | | from the original due date for any
of the following reasons:
| 25 | | (i) the requested records are stored in whole or in | 26 | | part at other
locations
than the office having charge of |
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| 1 | | the requested records;
| 2 | | (ii) the request requires the collection of a | 3 | | substantial number of
specified records;
| 4 | | (iii) the request is couched in categorical terms and | 5 | | requires an
extensive
search for the records responsive to | 6 | | it;
| 7 | | (iv) the requested records have not been located in the | 8 | | course of routine
search and additional efforts are being | 9 | | made to locate them;
| 10 | | (v) the requested records require examination and | 11 | | evaluation by personnel
having the necessary competence | 12 | | and discretion to determine if they are
exempt from | 13 | | disclosure under Section 7 of this Act or should be | 14 | | revealed
only with appropriate deletions;
| 15 | | (vi) the request for records cannot be complied with by | 16 | | the public body
within the time limits prescribed by | 17 | | paragraph (d) (c) of this Section without
unduly burdening | 18 | | or interfering with the operations of the public body;
| 19 | | (vii) there is a need for consultation, which shall be | 20 | | conducted with all
practicable speed, with another public | 21 | | body or among two or more components
of a public body | 22 | | having a substantial interest in the determination or in
| 23 | | the subject matter of the request.
| 24 | | The person making a request and the public body may agree | 25 | | in writing to extend the time for compliance for a period to be | 26 | | determined by the parties. If the requester and the public body |
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| 1 | | agree to extend the period for compliance, a failure by the | 2 | | public body to comply with any previous deadlines shall not be | 3 | | treated as a denial of the request for the records. | 4 | | (f) When additional time is required for any of the above | 5 | | reasons, the
public body shall, within 5 business days after | 6 | | receipt of the request, notify the person making the request of | 7 | | the reasons
for the extension and the date by which the | 8 | | response will be forthcoming. Failure to respond within the | 9 | | time permitted for extension shall be considered a denial of | 10 | | the request. A public body that fails to respond to a request | 11 | | within the time permitted for extension but thereafter provides | 12 | | the requester with copies of the requested public records may | 13 | | not impose a fee for those copies. A public body that requests | 14 | | an extension and subsequently fails to respond to the request | 15 | | may not treat the request as unduly burdensome under subsection | 16 | | (g).
| 17 | | (g) Requests calling for all records falling within a | 18 | | category shall be
complied with unless compliance with the | 19 | | request would be unduly burdensome
for the complying public | 20 | | body and there is no way to narrow the request and the
burden | 21 | | on the public body outweighs the public interest in the | 22 | | information.
Before invoking this exemption, the public body | 23 | | shall extend to the person
making the request an opportunity to | 24 | | confer with it in an attempt to reduce
the request to | 25 | | manageable proportions. If any body responds to a categorical
| 26 | | request by stating that compliance would unduly burden its |
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| 1 | | operation and
the conditions described above are met, it shall | 2 | | do so in writing, specifying
the reasons why it would be unduly | 3 | | burdensome and the extent to which compliance
will so burden | 4 | | the operations of the public body. Such a response shall
be | 5 | | treated as a denial of the
request for information. | 6 | | Repeated requests from the same person for the same records | 7 | | that are unchanged or identical to records previously provided | 8 | | or properly denied under this Act shall be deemed unduly | 9 | | burdensome under this provision.
| 10 | | (h) Each public body may promulgate rules and regulations | 11 | | in conformity
with the provisions of this Section pertaining to | 12 | | the availability of records
and procedures to be followed, | 13 | | including:
| 14 | | (i) the times and places where such records will be | 15 | | made available, and
| 16 | | (ii) the persons from whom such records may be | 17 | | obtained.
| 18 | | (i) The time periods for compliance or denial of a request | 19 | | to inspect or copy records set out in this Section shall not | 20 | | apply to requests for records made for a commercial purpose. | 21 | | Such requests shall be subject to the provisions of Section 3.1 | 22 | | of this Act. | 23 | | (Source: P.A. 96-542, eff. 1-1-10.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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