98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2326

 

Introduced , by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Freedom of Information Act. Requires a person who requests to inspect or copy public records for a commercial purpose to provide a statement setting forth the commercial purpose. Provides that, within 21 days after being furnished such a statement, the public body must notify the requester of the estimated time required to provide the records requested and the estimated fees to be charged. Authorizes public bodies to charge a fee for the cost of materials, equipment, and personnel used to copy or produce a record in response to a request made for a commercial purpose. Also authorizes a public body to require a person making such a request to pay all charges before the requested documents are copied. Authorizes the collection of damages if a person (i) knowingly obtains a public record for a commercial purpose without indicating the commercial purpose; (ii) knowingly obtains a public record for a noncommercial purpose and knowingly uses or knowingly allows the use of the public record for a commercial purpose; or (iii) knowingly obtains a public record from anyone other than the public body and uses it for a commercial purpose. Provides that when a person requests a copy of a record maintained in an electronic format, the public body shall furnish it in an electronic format. Specifies that if it is not feasible to furnish the records in an electronic format, then the public body shall furnish it in a paper format. Authorizes a public body to make its records available through a publicly accessible electronic means and to respond to a request by notifying the requester that the record is available through publicly accessible electronic means. Authorizes a fee to be charged for the first 50 pages of copies requested by a requester and for paper used to create an electronic record. Effective immediately.


LRB098 09550 JDS 39694 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2326LRB098 09550 JDS 39694 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 Sections 2, 3, 3.1, and 6 as follows:
 
6    (5 ILCS 140/2)  (from Ch. 116, par. 202)
7    Sec. 2. Definitions. As used in this Act:
8    (a) "Public body" means all legislative, executive,
9administrative, or advisory bodies of the State, state
10universities and colleges, counties, townships, cities,
11villages, incorporated towns, school districts and all other
12municipal corporations, boards, bureaus, committees, or
13commissions of this State, any subsidiary bodies of any of the
14foregoing including but not limited to committees and
15subcommittees thereof, and a School Finance Authority created
16under Article 1E of the School Code. "Public body" does not
17include a child death review team or the Illinois Child Death
18Review Teams Executive Council established under the Child
19Death Review Team Act.
20    (b) "Person" means any individual, corporation,
21partnership, firm, organization or association, acting
22individually or as a group.
23    (c) "Public records" means all records, reports, forms,

 

 

HB2326- 2 -LRB098 09550 JDS 39694 b

1writings, letters, memoranda, books, papers, maps,
2photographs, microfilms, cards, tapes, recordings, electronic
3data processing records, electronic communications, recorded
4information and all other documentary materials pertaining to
5the transaction of public business, regardless of physical form
6or characteristics, having been prepared by or for, or having
7been or being used by, received by, in the possession of, or
8under the control of any public body.
9    (c-5) "Private information" means unique identifiers,
10including a person's social security number, driver's license
11number, employee identification number, biometric identifiers,
12personal financial information, passwords or other access
13codes, medical records, home or personal telephone numbers, and
14personal email addresses. Private information also includes
15home address and personal license plates, except as otherwise
16provided by law or when compiled without possibility of
17attribution to any person.
18    (c-10) "Commercial purpose" means the purpose or intent to
19use of any part of a public record or records, or information
20derived from public records, in any form for sale, resale, or
21solicitation or advertisement for sales or services or to
22otherwise further a commercial, trade, or profit interest or
23enterprise, as those terms are commonly understood. For
24purposes of this definition, requests made by news media and
25non-profit, scientific, or academic organizations shall not be
26considered to be made for a "commercial purpose" when the

 

 

HB2326- 3 -LRB098 09550 JDS 39694 b

1principal purpose of the request is (i) to access and
2disseminate information concerning news and current or passing
3events, (ii) for articles of opinion or features of interest to
4the public, or (iii) for the purpose of academic, scientific,
5or public research or education.
6    (d) "Copying" means the reproduction of any public record
7by means of any photographic, electronic, mechanical or other
8process, device or means now known or hereafter developed and
9available to the public body.
10    (e) "Head of the public body" means the president, mayor,
11chairman, presiding officer, director, superintendent,
12manager, supervisor or individual otherwise holding primary
13executive and administrative authority for the public body, or
14such person's duly authorized designee.
15    (f) "News media" means a newspaper or other periodical
16issued at regular intervals whether in print or electronic
17format, a news service whether in print or electronic format, a
18radio station, a television station, a television network, a
19community antenna television service, or a person or
20corporation engaged in making news reels or other motion
21picture news for public showing.
22    (g) "Recurrent requester", as used in Section 3.2 of this
23Act, means a person that, in the 12 months immediately
24preceding the request, has submitted to the same public body
25(i) a minimum of 50 requests for records, (ii) a minimum of 15
26requests for records within a 30-day period, or (iii) a minimum

 

 

HB2326- 4 -LRB098 09550 JDS 39694 b

1of 7 requests for records within a 7-day period. For purposes
2of this definition, requests made by news media and non-profit,
3scientific, or academic organizations shall not be considered
4in calculating the number of requests made in the time periods
5in this definition when the principal purpose of the requests
6is (i) to access and disseminate information concerning news
7and current or passing events, (ii) for articles of opinion or
8features of interest to the public, or (iii) for the purpose of
9academic, scientific, or public research or education.
10    For the purposes of this subsection (g), "request" means a
11written document (or oral request, if the public body chooses
12to honor oral requests) that is submitted to a public body via
13personal delivery, mail, telefax, electronic mail, or other
14means available to the public body and that identifies the
15particular public record the requester seeks. One request may
16identify multiple records to be inspected or copied.
17(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
1896-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
 
19    (5 ILCS 140/3)  (from Ch. 116, par. 203)
20    Sec. 3. (a) Each public body shall make available to any
21person for inspection or copying all public records, except as
22otherwise provided in Section 7 of this Act. Notwithstanding
23any other law, a public body may not grant to any person or
24entity, whether by contract, license, or otherwise, the
25exclusive right to access and disseminate any public record as

 

 

HB2326- 5 -LRB098 09550 JDS 39694 b

1defined in this Act.
2    (b) Subject to Section 3.1 and to the fee provisions of
3Section 6 of this Act, each public body shall promptly provide,
4to any person who submits a request, a copy of any public
5record required to be disclosed by subsection (a) of this
6Section and shall certify such copy if so requested.
7    (c) Requests for inspection or copies shall be made in
8writing and directed to the public body. Written requests may
9be submitted to a public body via personal delivery, mail,
10telefax, or other means available to the public body. A public
11body may honor oral requests for inspection or copying. A
12public body may not require that a request be submitted on a
13standard form or require the requester to specify the purpose
14for a request, except to determine whether the records are
15requested for a commercial purpose or whether to grant a
16request for a fee waiver. All requests for inspection and
17copying received by a public body shall immediately be
18forwarded to its Freedom of Information officer or designee.
19    (d) Each public body shall, promptly, either comply with or
20deny a request for public records within 5 business days after
21its receipt of the request, unless the time for response is
22properly extended under subsection (e) of this Section. Denial
23shall be in writing as provided in Section 9 of this Act.
24Failure to comply with a written request, extend the time for
25response, or deny a request within 5 business days after its
26receipt shall be considered a denial of the request. A public

 

 

HB2326- 6 -LRB098 09550 JDS 39694 b

1body that fails to respond to a request within the requisite
2periods in this Section but thereafter provides the requester
3with copies of the requested public records may not impose a
4fee for such copies. A public body that fails to respond to a
5request received may not treat the request as unduly burdensome
6under subsection (g).
7    (e) The time for response under this Section may be
8extended by the public body for not more than 5 business days
9from the original due date for any of the following reasons:
10        (i) the requested records are stored in whole or in
11    part at other locations than the office having charge of
12    the requested records;
13        (ii) the request requires the collection of a
14    substantial number of specified records;
15        (iii) the request is couched in categorical terms and
16    requires an extensive search for the records responsive to
17    it;
18        (iv) the requested records have not been located in the
19    course of routine search and additional efforts are being
20    made to locate them;
21        (v) the requested records require examination and
22    evaluation by personnel having the necessary competence
23    and discretion to determine if they are exempt from
24    disclosure under Section 7 of this Act or should be
25    revealed only with appropriate deletions;
26        (vi) the request for records cannot be complied with by

 

 

HB2326- 7 -LRB098 09550 JDS 39694 b

1    the public body within the time limits prescribed by
2    paragraph (c) of this Section without unduly burdening or
3    interfering with the operations of the public body;
4        (vii) there is a need for consultation, which shall be
5    conducted with all practicable speed, with another public
6    body or among two or more components of a public body
7    having a substantial interest in the determination or in
8    the subject matter of the request.
9    The person making a request and the public body may agree
10in writing to extend the time for compliance for a period to be
11determined by the parties. If the requester and the public body
12agree to extend the period for compliance, a failure by the
13public body to comply with any previous deadlines shall not be
14treated as a denial of the request for the records.
15    (f) When additional time is required for any of the above
16reasons, the public body shall, within 5 business days after
17receipt of the request, notify the person making the request of
18the reasons for the extension and the date by which the
19response will be forthcoming. Failure to respond within the
20time permitted for extension shall be considered a denial of
21the request. A public body that fails to respond to a request
22within the time permitted for extension but thereafter provides
23the requester with copies of the requested public records may
24not impose a fee for those copies. A public body that requests
25an extension and subsequently fails to respond to the request
26may not treat the request as unduly burdensome under subsection

 

 

HB2326- 8 -LRB098 09550 JDS 39694 b

1(g).
2    (g) Requests calling for all records falling within a
3category shall be complied with unless compliance with the
4request would be unduly burdensome for the complying public
5body and there is no way to narrow the request and the burden
6on the public body outweighs the public interest in the
7information. Before invoking this exemption, the public body
8shall extend to the person making the request an opportunity to
9confer with it in an attempt to reduce the request to
10manageable proportions. If any body responds to a categorical
11request by stating that compliance would unduly burden its
12operation and the conditions described above are met, it shall
13do so in writing, specifying the reasons why it would be unduly
14burdensome and the extent to which compliance will so burden
15the operations of the public body. Such a response shall be
16treated as a denial of the request for information.
17    Repeated requests from the same person for the same records
18that are unchanged or identical to records previously provided
19or properly denied under this Act shall be deemed unduly
20burdensome under this provision.
21    (h) Each public body may promulgate rules and regulations
22in conformity with the provisions of this Section pertaining to
23the availability of records and procedures to be followed,
24including:
25        (i) the times and places where such records will be
26    made available, and

 

 

HB2326- 9 -LRB098 09550 JDS 39694 b

1        (ii) the persons from whom such records may be
2    obtained.
3    (i) (Blank). The time periods for compliance or denial of a
4request to inspect or copy records set out in this Section
5shall not apply to requests for records made for a commercial
6purpose. Such requests shall be subject to the provisions of
7Section 3.1 of this Act.
8(Source: P.A. 96-542, eff. 1-1-10.)
 
9    (5 ILCS 140/3.1)
10    Sec. 3.1. Requests for commercial purposes.
11    (a) If a person requests to inspect or copy public records
12for a commercial purpose, then that person must provide a
13statement setting forth the commercial purpose for which the
14public records will be used. The public body may request
15additional information concerning the nature of the request.
16    (b) Upon being furnished a statement under subsection (a),
17the public body may charge a fee that includes the cost of
18time, materials, equipment, and personnel in copying or
19producing the record. The public body may require the person to
20pay charges in full before copying the requested documents.
21    (c) The time limitations set forth under Section 3 do not
22apply to any request made for a commercial purpose. Within 21
23days after being furnished a statement under subsection (a),
24unless the records are exempt from disclosure, the public body
25must notify the requester of the estimated time required by the

 

 

HB2326- 10 -LRB098 09550 JDS 39694 b

1public body to provide the records requested and the estimated
2fees to be charged.
3    (d) If a person knowingly obtains a public record for a
4commercial purpose without indicating the commercial purpose,
5if he or she knowingly obtains a public record for a
6noncommercial purpose and knowingly uses or knowingly allows
7the use of the public record for a commercial purpose, or if he
8or she knowingly obtains a public record from anyone other than
9the public body and uses it for a commercial purpose, then that
10person, in addition to any other penalty, is liable to the
11public body for damages in the amount of 3 times the amount
12that would have been charged for the public record had the
13commercial purpose been stated, plus costs and reasonable
14attorney's fees or, if it can be shown that the public record
15would not have been provided had the commercial purpose of
16actual use been stated at the time of obtaining the records, 3
17times the actual damages.
18    (a) A public body shall respond to a request for records to
19be used for a commercial purpose within 21 working days after
20receipt. The response shall (i) provide to the requester an
21estimate of the time required by the public body to provide the
22records requested and an estimate of the fees to be charged,
23which the public body may require the person to pay in full
24before copying the requested documents, (ii) deny the request
25pursuant to one or more of the exemptions set out in this Act,
26(iii) notify the requester that the request is unduly

 

 

HB2326- 11 -LRB098 09550 JDS 39694 b

1burdensome and extend an opportunity to the requester to
2attempt to reduce the request to manageable proportions, or
3(iv) provide the records requested.
4    (b) Unless the records are exempt from disclosure, a public
5body shall comply with a request within a reasonable period
6considering the size and complexity of the request, and giving
7priority to records requested for non-commercial purposes.
8    (c) It is a violation of this Act for a person to knowingly
9obtain a public record for a commercial purpose without
10disclosing that it is for a commercial purpose, if requested to
11do so by the public body.
12(Source: P.A. 96-542, eff. 1-1-10.)
 
13    (5 ILCS 140/6)  (from Ch. 116, par. 206)
14    Sec. 6. Format of disclosures and authority Authority to
15charge fees.
16    (a) When a person requests a copy of a record maintained in
17an electronic format, the public body shall furnish it in an
18the electronic format that is generally available to the public
19specified by the requester, if feasible. If it is not feasible
20to furnish the public records in an the specified electronic
21format that is generally available to the public, then the
22public body shall furnish it in the format in which it is
23maintained by the public body, or in paper format at the option
24of the requester. The public body may make its records
25available through any publicly accessible electronic means.

 

 

HB2326- 12 -LRB098 09550 JDS 39694 b

1The public body may respond to a request by notifying the
2requester that the record is available through publicly
3accessible electronic means. A public body may charge the
4requester for the actual cost of purchasing the recording
5medium, whether disc, diskette, tape, or other medium, and the
6public body may charge a fee under subsection (b) for any paper
7that was used in creating an electronic record. A public body
8may not charge the requester for the costs of any search for
9and review of the records or other personnel costs associated
10with reproducing the records, except for commercial requests as
11provided in subsection (f) of this Section. Except to the
12extent that the General Assembly expressly provides, statutory
13fees applicable to copies of public records when furnished in a
14paper format shall not be applicable to those records when
15furnished in an electronic format.
16    (b) Except when a fee is otherwise fixed by statute, each
17public body may charge fees reasonably calculated to reimburse
18its actual cost for reproducing and certifying public records
19and for the use, by any person, of the equipment of the public
20body to copy records. No fees shall be charged for the first 50
21pages of black and white, letter or legal sized copies
22requested by a requester. The fee for black and white, letter
23or legal sized copies shall not exceed 15 cents per page. If a
24public body provides copies in color or in a size other than
25letter or legal, the public body may not charge more than its
26actual cost for reproducing the records. In calculating its

 

 

HB2326- 13 -LRB098 09550 JDS 39694 b

1actual cost for reproducing records or for the use of the
2equipment of the public body to reproduce records, a public
3body shall not include the costs of any search for and review
4of the records or other personnel costs associated with
5reproducing the records, except for commercial requests as
6provided in subsection (f) of this Section. Such fees shall be
7imposed according to a standard scale of fees, established and
8made public by the body imposing them. The cost for certifying
9a record shall not exceed $1.
10    (c) Documents shall be furnished without charge or at a
11reduced charge, as determined by the public body, if the person
12requesting the documents states the specific purpose for the
13request and indicates that a waiver or reduction of the fee is
14in the public interest. Waiver or reduction of the fee is in
15the public interest if the principal purpose of the request is
16to access and disseminate information regarding the health,
17safety and welfare or the legal rights of the general public
18and is not for the principal purpose of personal or commercial
19benefit. For purposes of this subsection, "commercial benefit"
20shall not apply to requests made by news media when the
21principal purpose of the request is to access and disseminate
22information regarding the health, safety, and welfare or the
23legal rights of the general public. In setting the amount of
24the waiver or reduction, the public body may take into
25consideration the amount of materials requested and the cost of
26copying them.

 

 

HB2326- 14 -LRB098 09550 JDS 39694 b

1    (d) The imposition of a fee not consistent with subsections
2(6)(a) and (b) of this Section Act constitutes a denial of
3access to public records for the purposes of judicial review.
4    (e) The fee for each abstract of a driver's record shall be
5as provided in Section 6-118 of "The Illinois Vehicle Code",
6approved September 29, 1969, as amended, whether furnished as a
7paper copy or as an electronic copy.
8    (f) A public body may charge up to $10 for each hour spent
9by personnel in searching for and retrieving a requested
10record. No fees shall be charged for the first 8 hours spent by
11personnel in searching for or retrieving a requested record. A
12public body may charge the actual cost of retrieving and
13transporting public records from an off-site storage facility
14when the public records are maintained by a third-party storage
15company under contract with the public body. If a public body
16imposes a fee pursuant to this subsection (f), it must provide
17the requester with an accounting of all fees, costs, and
18personnel hours in connection with the request for public
19records. The provisions of this subsection (f) apply only to
20commercial requests.
21(Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10;
2297-579, eff. 8-26-11.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.

 

 

HB2326- 15 -LRB098 09550 JDS 39694 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 140/2from Ch. 116, par. 202
4    5 ILCS 140/3from Ch. 116, par. 203
5    5 ILCS 140/3.1
6    5 ILCS 140/6from Ch. 116, par. 206