State of Illinois
90th General Assembly
Legislation

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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
                            -2-              LRB9003572RCksam
 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
                            -3-              LRB9003572RCksam
 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:
                            -4-              LRB9003572RCksam
 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.".

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