State of Illinois
90th General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 003 ]


      5 ILCS 140/3              from Ch. 116, par. 203
      705 ILCS 105/13           from Ch. 25, par. 13
          Amends the Freedom of Information Act.  Provides  that  a
      public  body  may  not  delegate or contract exclusively with
      another  person,  for  the  storage,  copying,  reproduction,
      inspection, or dissemination of public records.   Amends  the
      Clerks  of  Courts  Act to prohibit a clerk of the court from
      delegating or contracting exclusively  with  another  person,
      for   the  storage,  copying,  reproduction,  inspection,  or
      dissemination of court records.  Effective immediately.
HB0800 Enrolled                                LRB9003572RCks
 1        AN ACT in relation  to  public  records,  amending  named
 2    Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Freedom of Information Act is amended  by
 6    changing Section 3 as follows:
 7        (5 ILCS 140/3) (from Ch. 116, par. 203)
 8        Sec.  3.   (a)  Each  public body shall make available to
 9    any person for inspection  or  copying  all  public  records,
10    except  as  otherwise  provided  in  Section  7  of this Act.
11    Notwithstanding any other law, a public body may not grant to
12    any person  or  entity,  whether  by  contract,  license,  or
13    otherwise,  the exclusive right to access and disseminate any
14    public record as defined in this Act.
15        (b)  Subject to the fee provisions of Section 6  of  this
16    Act,  each  public body shall promptly provide, to any person
17    who submits a written request, a copy of  any  public  record
18    required  to  be  disclosed by subsection (a) of this Section
19    and shall certify such copy if so requested.
20        (c)  Each public body shall, promptly, either comply with
21    or deny a written request for public records within 7 working
22    days after  its  receipt.   Denial  shall  be  by  letter  as
23    provided  in  Section 9 of this Act.  Failure to respond to a
24    written request within 7 working days after its receipt shall
25    be considered a denial of the request.
26        (d)  The time limits prescribed in paragraph (c) of  this
27    Section  may  be  extended  in  each case for not more than 7
28    additional working days for any of the following reasons:
29        (i)  the requested records are stored in whole or in part
30    at other locations than  the  office  having  charge  of  the
31    requested records;
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 1        (ii)  the   request   requires   the   collection   of  a
 2    substantial number of specified records;
 3        (iii)  the request is couched in  categorical  terms  and
 4    requires  an  extensive  search for the records responsive to
 5    it;
 6        (iv)  the requested records have not been located in  the
 7    course  of  routine  search  and additional efforts are being
 8    made to locate them;
 9        (v)  the  requested  records  require   examination   and
10    evaluation  by  personnel having the necessary competence and
11    discretion to determine if they are  exempt  from  disclosure
12    under  Section  7 of this Act or should be revealed only with
13    appropriate deletions;
14        (vi)  the request for records cannot be complied with  by
15    the   public  body  within  the  time  limits  prescribed  by
16    paragraph (c) of this Section  without  unduly  burdening  or
17    interfering with the operations of the public body;
18        (vii)  there  is  a need for consultation, which shall be
19    conducted with all practicable  speed,  with  another  public
20    body  or among two or more components of a public body having
21    a substantial interest in the determination or in the subject
22    matter of the request.
23        (e)  When additional time is  required  for  any  of  the
24    above  reasons,  the  public  body shall notify by letter the
25    person making the written  request  within  the  time  limits
26    specified by paragraph (c) of this Section of the reasons for
27    the  delay  and  the  date  by which the records will be made
28    available or denial will be forthcoming.  In no instance, may
29    the delay in processing last longer than 7 working days.    A
30    failure  to  render a decision within 7 working days shall be
31    considered a denial of the request.
32        (f)  Requests calling for all records  falling  within  a
33    category  shall  be  complied with unless compliance with the
34    request would be unduly burdensome for the  complying  public
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 1    body and there is no way to narrow the request and the burden
 2    on  the  public  body  outweighs  the  public interest in the
 3    information. Before invoking this exemption, the public  body
 4    shall  extend to the person making the request an opportunity
 5    to confer with it in an attempt  to  reduce  the  request  to
 6    manageable   proportions.    If   any   body  responds  to  a
 7    categorical request by stating that compliance  would  unduly
 8    burden  its  operation and the conditions described above are
 9    met, it shall do so in writing, specifying the reasons why it
10    would be unduly burdensome and the extent to which compliance
11    will so burden the operations of the  public  body.   Such  a
12    response  shall  be  treated  as  a denial of the request for
13    information.  Repeated requests for the same  public  records
14    by  the  same  person shall be deemed unduly burdensome under
15    this provision.
16        (g)  Each  public   body   may   promulgate   rules   and
17    regulations in conformity with the provisions of this Section
18    pertaining  to  the availability of records and procedures to
19    be followed, including:
20        (i)  the times and places where such records will be made
21    available, and
22        (ii)  the persons from whom such records may be obtained.
23    (Source: P.A. 83-1013.)
24        Section 10.  The Clerks  of  Courts  Act  is  amended  by
25    changing Section 13 as follows:
26        (705 ILCS 105/13) (from Ch. 25, par. 13)
27        Sec.  13.  The  clerks shall attend the sessions of their
28    respective courts, preserve all the files and papers thereof,
29    make,  keep  and  preserve  complete  records  of   all   the
30    proceedings  and  determinations  thereof,  except  in  cases
31    otherwise  provided  by  law,  and  do  and perform all other
32    duties pertaining to their offices, as may be required by law
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 1    or  the  rules  and  orders  of  their  courts  respectively.
 2    Notwithstanding any  other  law,  the  right  to  access  and
 3    disseminate  any  court record as defined in this Act may not
 4    be subject to an exclusive contract with  another  person  or
 5    entity.   This  Section  is subject to the provisions of "The
 6    Local Records Act", approved August 18, 1961, as amended.
 7    (Source: P.A. 83-346.)
 8        Section 99.  Effective date.  This Act takes effect  upon
 9    becoming law.

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