100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4003

 

Introduced , by Rep. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/3.1

    Amends the Freedom of Information Act. Provides that a public body may deny a request if: (1) the request is made for a commercial purpose; (2) the request is made by the same person for the same records previously provided; and (3) the request is made less than 6 months after the previous request. Effective immediately.


LRB100 10819 HEP 21052 b

 

 

A BILL FOR

 

HB4003LRB100 10819 HEP 21052 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 3.1 as follows:
 
6    (5 ILCS 140/3.1)
7    Sec. 3.1. Requests for commercial purposes.
8    (a) A public body shall respond to a request for records to
9be used for a commercial purpose within 21 working days after
10receipt. The response shall (i) provide to the requester an
11estimate of the time required by the public body to provide the
12records requested and an estimate of the fees to be charged,
13which the public body may require the person to pay in full
14before copying the requested documents, (ii) deny the request
15pursuant to one or more of the exemptions set out in this Act,
16(iii) notify the requester that the request is unduly
17burdensome and extend an opportunity to the requester to
18attempt to reduce the request to manageable proportions, or
19(iv) provide the records requested.
20    (b) Unless the records are exempt from disclosure, a public
21body shall comply with a request within a reasonable period
22considering the size and complexity of the request, and giving
23priority to records requested for non-commercial purposes.

 

 

HB4003- 2 -LRB100 10819 HEP 21052 b

1    (c) It is a violation of this Act for a person to knowingly
2obtain a public record for a commercial purpose without
3disclosing that it is for a commercial purpose, if requested to
4do so by the public body.
5    (d) A public body may deny a request if:
6        (1) the request is made for a commercial purpose;
7        (2) the request is made by the same person for the same
8    records previously provided under this Act; and
9        (3) the request is made less than 6 months after the
10    previous request.
11(Source: P.A. 96-542, eff. 1-1-10.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.