Public Act 90-0206 of the 90th General Assembly

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90th General Assembly

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Public Act 90-0206

HB0800 Enrolled                                LRB9003572RCks

    AN ACT in relation  to  public  records,  amending  named

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Freedom of Information Act is amended  by
changing Section 3 as follows:

    (5 ILCS 140/3) (from Ch. 116, par. 203)
    Sec.  3.   (a)  Each  public body shall make available to
any person for inspection  or  copying  all  public  records,
except  as  otherwise  provided  in  Section  7  of this Act.
Notwithstanding any other law, a public body may not grant to
any person  or  entity,  whether  by  contract,  license,  or
otherwise,  the exclusive right to access and disseminate any
public record as defined in this Act.
    (b)  Subject to the fee provisions of Section 6  of  this
Act,  each  public body shall promptly provide, to any person
who submits a written request, a copy of  any  public  record
required  to  be  disclosed by subsection (a) of this Section
and shall certify such copy if so requested.
    (c)  Each public body shall, promptly, either comply with
or deny a written request for public records within 7 working
days after  its  receipt.   Denial  shall  be  by  letter  as
provided  in  Section 9 of this Act.  Failure to respond to a
written request within 7 working days after its receipt shall
be considered a denial of the request.
    (d)  The time limits prescribed in paragraph (c) of  this
Section  may  be  extended  in  each case for not more than 7
additional working days for any of the following reasons:
    (i)  the requested records are stored in whole or in part
at other locations than  the  office  having  charge  of  the
requested records;
    (ii)  the   request   requires   the   collection   of  a
substantial number of specified records;
    (iii)  the request is couched in  categorical  terms  and
requires  an  extensive  search for the records responsive to
    (iv)  the requested records have not been located in  the
course  of  routine  search  and additional efforts are being
made to locate them;
    (v)  the  requested  records  require   examination   and
evaluation  by  personnel having the necessary competence and
discretion to determine if they are  exempt  from  disclosure
under  Section  7 of this Act or should be revealed only with
appropriate deletions;
    (vi)  the request for records cannot be complied with  by
the   public  body  within  the  time  limits  prescribed  by
paragraph (c) of this Section  without  unduly  burdening  or
interfering with the operations of the public body;
    (vii)  there  is  a need for consultation, which shall be
conducted with all practicable  speed,  with  another  public
body  or among two or more components of a public body having
a substantial interest in the determination or in the subject
matter of the request.
    (e)  When additional time is  required  for  any  of  the
above  reasons,  the  public  body shall notify by letter the
person making the written  request  within  the  time  limits
specified by paragraph (c) of this Section of the reasons for
the  delay  and  the  date  by which the records will be made
available or denial will be forthcoming.  In no instance, may
the delay in processing last longer than 7 working days.    A
failure  to  render a decision within 7 working days shall be
considered a denial of the request.
    (f)  Requests calling for all records  falling  within  a
category  shall  be  complied with unless compliance with the
request would be unduly burdensome for the  complying  public
body and there is no way to narrow the request and the burden
on  the  public  body  outweighs  the  public interest in the
information. Before invoking this exemption, the public  body
shall  extend to the person making the request an opportunity
to confer with it in an attempt  to  reduce  the  request  to
manageable   proportions.    If   any   body  responds  to  a
categorical request by stating that compliance  would  unduly
burden  its  operation and the conditions described above are
met, it shall do so in writing, specifying the reasons why it
would be unduly burdensome and the extent to which compliance
will so burden the operations of the  public  body.   Such  a
response  shall  be  treated  as  a denial of the request for
information.  Repeated requests for the same  public  records
by  the  same  person shall be deemed unduly burdensome under
this provision.
    (g)  Each  public   body   may   promulgate   rules   and
regulations in conformity with the provisions of this Section
pertaining  to  the availability of records and procedures to
be followed, including:
    (i)  the times and places where such records will be made
available, and
    (ii)  the persons from whom such records may be obtained.
(Source: P.A. 83-1013.)

    Section 10.  The Clerks  of  Courts  Act  is  amended  by
changing Section 13 as follows:

    (705 ILCS 105/13) (from Ch. 25, par. 13)
    Sec.  13.  The  clerks shall attend the sessions of their
respective courts, preserve all the files and papers thereof,
make,  keep  and  preserve  complete  records  of   all   the
proceedings  and  determinations  thereof,  except  in  cases
otherwise  provided  by  law,  and  do  and perform all other
duties pertaining to their offices, as may be required by law
or  the  rules  and  orders  of  their  courts  respectively.
Notwithstanding any  other  law,  the  right  to  access  and
disseminate  any  court record as defined in this Act may not
be subject to an exclusive contract with  another  person  or
entity.   This  Section  is subject to the provisions of "The
Local Records Act", approved August 18, 1961, as amended.
(Source: P.A. 83-346.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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