Full Text of HB3242 100th General Assembly
HB3242 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3242 Introduced , by Rep. Christine Winger SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/3 | from Ch. 116, par. 203 | 5 ILCS 140/4 | from Ch. 116, par. 204 | 5 ILCS 140/6 | from Ch. 116, par. 206 |
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Amends the Freedom of Information Act. Provides that except as otherwise provided in the Act, the public body shall apply the Act in a uniform manner, regardless of who requests to inspect or copy a public record. Provides that all fees charged by a public body shall be according to a fee schedule that is part of a public record of the body. 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 Sections 3, 4, and 6 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. Except as otherwise | 14 | | provided in this Act, the public body shall apply this Act in a | 15 | | uniform manner, regardless of who requests to inspect or copy a | 16 | | public record.
| 17 | | (b) Subject to the fee provisions of Section 6 of this Act, | 18 | | each public
body shall promptly provide, to any person who | 19 | | submits a request,
a copy of any public record required to be | 20 | | disclosed
by subsection (a) of this Section and shall certify | 21 | | such copy if so requested.
| 22 | | (c) Requests for inspection or copies shall be made in | 23 | | writing and directed to the public body. Written requests may |
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| 1 | | be submitted to a public body via personal delivery, mail, | 2 | | telefax, or other means available to the public body. A public | 3 | | body may honor oral requests for inspection or copying. A | 4 | | public body may not require that a request be submitted on a | 5 | | standard form or require the requester to specify the purpose | 6 | | for a request, except to determine whether the records are | 7 | | requested for a commercial purpose or whether to grant a | 8 | | request for a fee waiver. All requests for inspection and | 9 | | copying received by a public body shall immediately be | 10 | | forwarded to its Freedom of Information officer or designee. | 11 | | (d) Each public body shall, promptly, either comply with or | 12 | | deny a
request for public records within 5 business days after | 13 | | its receipt of the request, unless the time for response is | 14 | | properly extended under subsection (e) of this Section. Denial
| 15 | | shall be in writing as provided in Section 9 of this Act. | 16 | | Failure to comply with
a written request, extend the time for | 17 | | response, or deny a request within 5 business days after its | 18 | | receipt shall be considered a
denial of the request. A public | 19 | | body that fails to respond to a request within the requisite | 20 | | periods in this Section but thereafter provides the requester | 21 | | with copies of the requested public records may not impose a | 22 | | fee for such copies. A public body that fails to respond to a | 23 | | request received may not treat the request as unduly burdensome | 24 | | under subsection (g).
| 25 | | (e) The time for response under this Section may be
| 26 | | extended by the public body for not more than 5 business days |
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| 1 | | from the original due date for any
of the following reasons:
| 2 | | (i) the requested records are stored in whole or in | 3 | | part at other
locations
than the office having charge of | 4 | | the requested records;
| 5 | | (ii) the request requires the collection of a | 6 | | substantial number of
specified records;
| 7 | | (iii) the request is couched in categorical terms and | 8 | | requires an
extensive
search for the records responsive to | 9 | | it;
| 10 | | (iv) the requested records have not been located in the | 11 | | course of routine
search and additional efforts are being | 12 | | made to locate them;
| 13 | | (v) the requested records require examination and | 14 | | evaluation by personnel
having the necessary competence | 15 | | and discretion to determine if they are
exempt from | 16 | | disclosure under Section 7 of this Act or should be | 17 | | revealed
only with appropriate deletions;
| 18 | | (vi) the request for records cannot be complied with by | 19 | | the public body
within the time limits prescribed by | 20 | | paragraph (c) of this Section without
unduly burdening or | 21 | | interfering with the operations of the public body;
| 22 | | (vii) there is a need for consultation, which shall be | 23 | | conducted with all
practicable speed, with another public | 24 | | body or among two or more components
of a public body | 25 | | having a substantial interest in the determination or in
| 26 | | the subject matter of the request.
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| 1 | | The person making a request and the public body may agree | 2 | | in writing to extend the time for compliance for a period to be | 3 | | determined by the parties. If the requester and the public body | 4 | | agree to extend the period for compliance, a failure by the | 5 | | public body to comply with any previous deadlines shall not be | 6 | | treated as a denial of the request for the records. | 7 | | (f) When additional time is required for any of the above | 8 | | reasons, the
public body shall, within 5 business days after | 9 | | receipt of the request, notify the person making the request of | 10 | | the reasons
for the extension and the date by which the | 11 | | response will be forthcoming. Failure to respond within the | 12 | | time permitted for extension shall be considered a denial of | 13 | | the request. A public body that fails to respond to a request | 14 | | within the time permitted for extension but thereafter provides | 15 | | the requester with copies of the requested public records may | 16 | | not impose a fee for those copies. A public body that requests | 17 | | an extension and subsequently fails to respond to the request | 18 | | may not treat the request as unduly burdensome under subsection | 19 | | (g).
| 20 | | (g) Requests calling for all records falling within a | 21 | | category shall be
complied with unless compliance with the | 22 | | request would be unduly burdensome
for the complying public | 23 | | body and there is no way to narrow the request and the
burden | 24 | | on the public body outweighs the public interest in the | 25 | | information.
Before invoking this exemption, the public body | 26 | | shall extend to the person
making the request an opportunity to |
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| 1 | | confer with it in an attempt to reduce
the request to | 2 | | manageable proportions. If any public body responds to a | 3 | | categorical
request by stating that compliance would unduly | 4 | | burden its operation and
the conditions described above are | 5 | | met, it shall do so in writing, specifying
the reasons why it | 6 | | would be unduly burdensome and the extent to which compliance
| 7 | | will so burden the operations of the public body. Such a | 8 | | response shall
be treated as a denial of the
request for | 9 | | information. | 10 | | Repeated requests from the same person for the same records | 11 | | that are unchanged or identical to records previously provided | 12 | | or properly denied under this Act shall be deemed unduly | 13 | | burdensome under this provision.
| 14 | | (h) Each public body may promulgate rules and regulations | 15 | | in conformity
with the provisions of this Section pertaining to | 16 | | the availability of records
and procedures to be followed, | 17 | | including:
| 18 | | (i) the times and places where such records will be | 19 | | made available, and
| 20 | | (ii) the persons from whom such records may be | 21 | | obtained.
| 22 | | (i) The time periods for compliance or denial of a request | 23 | | to inspect or copy records set out in this Section shall not | 24 | | apply to requests for records made for a commercial purpose, | 25 | | requests by a recurrent requester, or voluminous requests. Such | 26 | | requests shall be subject to the provisions of Sections 3.1, |
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| 1 | | 3.2, and 3.6 of this Act, as applicable. | 2 | | (Source: P.A. 98-1129, eff. 12-3-14.)
| 3 | | (5 ILCS 140/4) (from Ch. 116, par. 204)
| 4 | | Sec. 4.
Each public body shall prominently display at each | 5 | | of its administrative
or regional offices,
make available for | 6 | | inspection and copying, and send through the mail if
requested, | 7 | | each of the following:
| 8 | | (a) A brief description of itself, which will include, | 9 | | but not be limited
to, a short summary of its purpose, a | 10 | | block diagram giving its functional
subdivisions, the | 11 | | total amount of its operating budget, the number and | 12 | | location
of all of its separate offices, the approximate | 13 | | number of full and part-time employees,
and the | 14 | | identification and membership of any board, commission, | 15 | | committee,
or council which operates in an advisory | 16 | | capacity relative to the operation
of the public body, or | 17 | | which exercises control over its policies or procedures,
or | 18 | | to which the public body is required to report and be | 19 | | answerable for
its operations; and
| 20 | | (b) A brief description of the methods whereby the | 21 | | public may request
information and public records, a | 22 | | directory designating the Freedom of Information officer | 23 | | or officers, the address where requests for public records | 24 | | should be directed,
and a schedule of any fees allowable | 25 | | under Section 6 of this Act.
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| 1 | | A public body that maintains a website shall also post this | 2 | | information on its website. | 3 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 4 | | (5 ILCS 140/6) (from Ch. 116, par. 206)
| 5 | | Sec. 6. Authority to charge fees.
| 6 | | (a) When a person requests a copy of a record maintained in | 7 | | an electronic format, the public body shall furnish it in the | 8 | | electronic format specified by the requester, if feasible. If | 9 | | it is not feasible to furnish the public records in the | 10 | | specified electronic format, then the public body shall furnish | 11 | | it in the format in which it is maintained by the public body, | 12 | | or in paper format at the option of the requester. A public | 13 | | body may charge the requester for the actual cost of purchasing | 14 | | the recording medium, whether disc, diskette, tape, or other | 15 | | medium. If a request is not a request for a commercial purpose | 16 | | or a voluminous request, a public body may not charge the | 17 | | requester for the costs of any search for and review of the | 18 | | records or other personnel costs associated with reproducing | 19 | | the records. Except to the extent that the General Assembly | 20 | | expressly provides, statutory fees applicable to copies of | 21 | | public records when furnished in a paper format shall not be | 22 | | applicable to those records when furnished in an electronic | 23 | | format. | 24 | | (a-5) If a voluminous request is for electronic records and | 25 | | those records are not in a portable document format (PDF), the |
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| 1 | | public body may charge up to $20 for not more than 2 megabytes | 2 | | of data, up to $40 for more than 2 but not more than 4 megabytes | 3 | | of data, and up to $100 for more than 4 megabytes of data. If a | 4 | | voluminous request is for electronic records and those records | 5 | | are in a portable document format, the public body may charge | 6 | | up to $20 for not more than 80 megabytes of data, up to $40 for | 7 | | more than 80 megabytes but not more than 160 megabytes of data, | 8 | | and up to $100 for more than 160 megabytes of data. If the | 9 | | responsive electronic records are in both a portable document | 10 | | format and not in a portable document format, the public body | 11 | | may separate the fees and charge the requester under both fee | 12 | | scales. | 13 | | If a public body imposes a fee pursuant to this subsection | 14 | | (a-5), it must provide the requester with an accounting of all | 15 | | fees, costs, and personnel hours in connection with the request | 16 | | for public records. | 17 | | (b) Except when a fee is otherwise fixed by statute, each | 18 | | public body may charge fees
reasonably
calculated to
reimburse
| 19 | | its actual cost for reproducing and certifying public records | 20 | | and for the
use, by any person, of the equipment of the public | 21 | | body to copy records. No fees shall be charged for the first 50 | 22 | | pages of black and white, letter or legal sized copies | 23 | | requested by a requester. The fee for black and white, letter | 24 | | or legal sized copies shall not exceed 15 cents per page. If a | 25 | | public body provides copies in color or in a size other than | 26 | | letter or legal, the public body may not charge more than its |
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| 1 | | actual cost for reproducing the records.
In calculating its | 2 | | actual cost for reproducing records or for the use of the | 3 | | equipment of the public body to reproduce records, a public | 4 | | body shall not include the costs of any search for and review | 5 | | of the records or other personnel costs associated with | 6 | | reproducing the records, except for commercial requests as | 7 | | provided in subsection (f) of this Section. Such fees shall be | 8 | | imposed
according to a standard scale of fees, established and | 9 | | made public by the
body imposing them. The cost for certifying | 10 | | a record shall not exceed $1.
| 11 | | (c) Documents shall be furnished without charge or at a | 12 | | reduced
charge, as determined by the public body, if the person | 13 | | requesting the
documents states the specific purpose for the | 14 | | request and indicates that a
waiver or reduction of the fee is | 15 | | in the public interest. Waiver or
reduction of the fee is in | 16 | | the public interest if the principal purpose of
the request is | 17 | | to access and disseminate information regarding the health,
| 18 | | safety and welfare or the legal rights of the general public | 19 | | and is not for
the principal purpose of personal or commercial | 20 | | benefit.
For purposes of this subsection, "commercial benefit" | 21 | | shall not apply to
requests
made by news media when the | 22 | | principal purpose of the request is to access and
disseminate | 23 | | information regarding the health, safety, and welfare or the | 24 | | legal
rights of the general public.
In setting the
amount of | 25 | | the waiver or reduction, the public body may take into
| 26 | | consideration the amount of materials requested and the cost of |
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| 1 | | copying
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 | 4 | | public
records for the purposes of judicial review.
| 5 | | (e) The fee for each abstract of a driver's record shall be | 6 | | as provided
in Section 6-118 of "The Illinois Vehicle Code", | 7 | | approved September 29,
1969, as amended, whether furnished as a | 8 | | paper copy or as an electronic copy.
| 9 | | (f) A public body may charge up to $10 for each hour spent | 10 | | by personnel in searching for and retrieving a requested record | 11 | | or examining the record for necessary redactions. No fees shall | 12 | | be charged for the first 8 hours spent by personnel in | 13 | | searching for or retrieving a requested record. A public body | 14 | | may charge the actual cost of retrieving and transporting | 15 | | public records from an off-site storage facility when the | 16 | | public records are maintained by a third-party storage company | 17 | | under contract with the public body. If a public body imposes a | 18 | | fee pursuant to this subsection (f), it must provide the | 19 | | requester with an accounting of all fees, costs, and personnel | 20 | | hours in connection with the request for public records. The | 21 | | provisions of this subsection (f) apply only to commercial | 22 | | requests. | 23 | | (g) All fees charged by a public body shall be according to | 24 | | a fee schedule that is part of the public record of the body | 25 | | required under Section 4 of this Act. | 26 | | (Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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