101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3138

 

Introduced , by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/2.16 new

    Amends the Freedom of Information Act. Provides that an elected or appointed public official of a public body has a right to all records of the public body to which the official is elected or appointed, and to the records of each subsidiary of the public body to which the official is elected or appointed. Provides that a member of the General Assembly shall have access to all records of each State agency. Provides that records of a public body shall be provided under equal circumstances to all persons entitled to records under the new provisions. Provides that records shall be provided within 5 business days, unless a mutual agreement between the official and the public body provides otherwise. Provides that an official entitled to records under the new provisions is not required to submit a request for records under other provisions of the Act. Provides that the new provisions do not apply to records exempt under specified Sections of the Act.


LRB101 10089 HEP 55192 b

 

 

A BILL FOR

 

HB3138LRB101 10089 HEP 55192 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
5adding Section 2.16 as follows:
 
6    (5 ILCS 140/2.16 new)
7    Sec. 2.16. Public official's right to records.
8    (a) An elected or appointed public official of a public
9body has a right to all records of the public body to which the
10official is elected or appointed, and to the records of each
11subsidiary of the public body to which the official is elected
12or appointed.
13    (b) A member of the General Assembly shall have access to
14all records of each State agency.
15    (c) Records of a public body shall be provided under equal
16circumstances to all persons entitled to records under this
17Section. Records shall be provided within 5 business days,
18unless a mutual agreement between the official and the public
19body provides otherwise.
20    (d) An official entitled to records under this Section is
21not required to submit a request for records under other
22provisions of this Act.
23    (e) This Section does not apply to records exempt under

 

 

HB3138- 2 -LRB101 10089 HEP 55192 b

1Section 7 or 7.5 of this Act.