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| [ House Amendment 003 ] |
90_HB0800ham001
LRB9003572RCksam
1 AMENDMENT TO HOUSE BILL 800
2 AMENDMENT NO. . Amend House Bill 800 by replacing
3 everything after the enacting clause with the following:
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
8 any person for inspection or copying all public records,
9 except as otherwise provided in Section 7 of this Act.
10 Notwithstanding any other law, a public body may not contract
11 exclusively with another person, for the storage, copying,
12 reproduction, inspection, or dissemination, of any public
13 record, as defined in this Act.
14 (b) Subject to the fee provisions of Section 6 of this
15 Act, each public body shall promptly provide, to any person
16 who submits a written request, a copy of any public record
17 required to be disclosed by subsection (a) of this Section
18 and shall certify such copy if so requested.
19 (c) Each public body shall, promptly, either comply with
20 or deny a written request for public records within 7 working
21 days after its receipt. Denial shall be by letter as
22 provided in Section 9 of this Act. Failure to respond to a
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1 written request within 7 working days after its receipt shall
2 be considered a denial of the request.
3 (d) The time limits prescribed in paragraph (c) of this
4 Section may be extended in each case for not more than 7
5 additional working days for any of the following reasons:
6 (i) the requested records are stored in whole or in part
7 at other locations than the office having charge of the
8 requested records;
9 (ii) the request requires the collection of a
10 substantial number of specified records;
11 (iii) the request is couched in categorical terms and
12 requires an extensive search for the records responsive to
13 it;
14 (iv) the requested records have not been located in the
15 course of routine search and additional efforts are being
16 made to locate them;
17 (v) the requested records require examination and
18 evaluation by personnel having the necessary competence and
19 discretion to determine if they are exempt from disclosure
20 under Section 7 of this Act or should be revealed only with
21 appropriate deletions;
22 (vi) the request for records cannot be complied with by
23 the public body within the time limits prescribed by
24 paragraph (c) of this Section without unduly burdening or
25 interfering with the operations of the public body;
26 (vii) there is a need for consultation, which shall be
27 conducted with all practicable speed, with another public
28 body or among two or more components of a public body having
29 a substantial interest in the determination or in the subject
30 matter of the request.
31 (e) When additional time is required for any of the
32 above reasons, the public body shall notify by letter the
33 person making the written request within the time limits
34 specified by paragraph (c) of this Section of the reasons for
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1 the delay and the date by which the records will be made
2 available or denial will be forthcoming. In no instance, may
3 the delay in processing last longer than 7 working days. A
4 failure to render a decision within 7 working days shall be
5 considered a denial of the request.
6 (f) Requests calling for all records falling within a
7 category shall be complied with unless compliance with the
8 request would be unduly burdensome for the complying public
9 body and there is no way to narrow the request and the burden
10 on the public body outweighs the public interest in the
11 information. Before invoking this exemption, the public body
12 shall extend to the person making the request an opportunity
13 to confer with it in an attempt to reduce the request to
14 manageable proportions. If any body responds to a
15 categorical request by stating that compliance would unduly
16 burden its operation and the conditions described above are
17 met, it shall do so in writing, specifying the reasons why it
18 would be unduly burdensome and the extent to which compliance
19 will so burden the operations of the public body. Such a
20 response shall be treated as a denial of the request for
21 information. Repeated requests for the same public records
22 by the same person shall be deemed unduly burdensome under
23 this provision.
24 (g) Each public body may promulgate rules and
25 regulations in conformity with the provisions of this Section
26 pertaining to the availability of records and procedures to
27 be followed, including:
28 (i) the times and places where such records will be made
29 available, and
30 (ii) the persons from whom such records may be obtained.
31 (Source: P.A. 83-1013.)
32 Section 10. The Clerks of Courts Act is amended by
33 changing Section 13 as follows:
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1 (705 ILCS 105/13) (from Ch. 25, par. 13)
2 Sec. 13. The clerks shall attend the sessions of their
3 respective courts, preserve all the files and papers thereof,
4 make, keep and preserve complete records of all the
5 proceedings and determinations thereof, except in cases
6 otherwise provided by law, and do and perform all other
7 duties pertaining to their offices, as may be required by law
8 or the rules and orders of their courts respectively.
9 Storage, copying, reproduction, inspection, or dissemination
10 of any court record as defined in this Act may not be subject
11 to an exclusive contract with another person or entity. This
12 Section is subject to the provisions of "The Local Records
13 Act", approved August 18, 1961, as amended.
14 (Source: P.A. 83-346.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.".