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Full Text of HB0340  97th General Assembly

HB0340ham001 97TH GENERAL ASSEMBLY

Rep. Linda Chapa LaVia

Filed: 4/5/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 340

2    AMENDMENT NO. ______. Amend House Bill 340 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1include a child death review team or the Illinois Child Death
2Review Teams Executive Council established under the Child
3Death Review Team Act.
4    (b) "Person" means any individual, corporation,
5partnership, firm, organization or association, acting
6individually or as a group.
7    (c) "Public records" means all records, reports, forms,
8writings, letters, memoranda, books, papers, maps,
9photographs, microfilms, cards, tapes, recordings, electronic
10data processing records, electronic communications, recorded
11information and all other documentary materials pertaining to
12the transaction of public business, regardless of physical form
13or characteristics, having been prepared by or for, or having
14been or being used by, received by, in the possession of, or
15under the control of any public body.
16    (c-5) "Private information" means unique identifiers,
17including a person's social security number, driver's license
18number, employee identification number, biometric identifiers,
19personal financial information, passwords or other access
20codes, medical records, home or personal telephone numbers, and
21personal email addresses. Private information also includes
22home address and personal license plates, except as otherwise
23provided by law or when compiled without possibility of
24attribution to any person.
25    (c-10) "Commercial purpose" means the purpose or intent to
26use of any part of a public record or records, or information

 

 

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1derived from public records, in any form for sale, resale, or
2solicitation or advertisement for sales or services or to
3otherwise further a commercial, trade, or profit interest or
4enterprise, as those terms are commonly understood. For
5purposes of this definition, requests made by news media and
6non-profit, scientific, or academic organizations shall not be
7considered to be made for a "commercial purpose" when the
8principal purpose of the request is (i) to access and
9disseminate information concerning news and current or passing
10events, (ii) for articles of opinion or features of interest to
11the public, or (iii) for the purpose of academic, scientific,
12or public research or education.
13    (d) "Copying" means the reproduction of any public record
14by means of any photographic, electronic, mechanical or other
15process, device or means now known or hereafter developed and
16available to the public body.
17    (e) "Head of the public body" means the president, mayor,
18chairman, presiding officer, director, superintendent,
19manager, supervisor or individual otherwise holding primary
20executive and administrative authority for the public body, or
21such person's duly authorized designee.
22    (f) "News media" means a newspaper or other periodical
23issued at regular intervals whether in print or electronic
24format, a news service whether in print or electronic format, a
25radio station, a television station, a television network, a
26community antenna television service, or a person or

 

 

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1corporation engaged in making news reels or other motion
2picture news for public showing.
3(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
496-1000, eff. 7-2-10.)
 
5    (5 ILCS 140/3)  (from Ch. 116, par. 203)
6    Sec. 3. (a) Each public body shall make available to any
7person for inspection or copying all public records, except as
8otherwise provided in Section 7 of this Act. Notwithstanding
9any other law, a public body may not grant to any person or
10entity, whether by contract, license, or otherwise, the
11exclusive right to access and disseminate any public record as
12defined in this Act.
13    (b) Subject to Section 3.1 and to the fee provisions of
14Section 6 of this Act, each public body shall promptly provide,
15to any person who submits a request, a copy of any public
16record required to be disclosed by subsection (a) of this
17Section and shall certify such copy if so requested.
18    (c) Requests for inspection or copies shall be made in
19writing and directed to the public body. Written requests may
20be submitted to a public body via personal delivery, mail,
21telefax, or other means available to the public body. A public
22body may honor oral requests for inspection or copying. A
23public body may not require that a request be submitted on a
24standard form or require the requester to specify the purpose
25for a request, except to determine whether the records are

 

 

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1requested for a commercial purpose or whether to grant a
2request for a fee waiver. All requests for inspection and
3copying received by a public body shall immediately be
4forwarded to its Freedom of Information officer or designee.
5    (d) Each public body shall, promptly, either comply with or
6deny a request for public records within 5 business days after
7its receipt of the request, unless the time for response is
8properly extended under subsection (e) of this Section. Denial
9shall be in writing as provided in Section 9 of this Act.
10Failure to comply with a written request, extend the time for
11response, or deny a request within 5 business days after its
12receipt shall be considered a denial of the request. A public
13body that fails to respond to a request within the requisite
14periods in this Section but thereafter provides the requester
15with copies of the requested public records may not impose a
16fee for such copies. A public body that fails to respond to a
17request received may not treat the request as unduly burdensome
18under subsection (g).
19    (e) The time for response under this Section may be
20extended by the public body for not more than 5 business days
21from the original due date for any of the following reasons:
22        (i) the requested records are stored in whole or in
23    part at other locations than the office having charge of
24    the requested records;
25        (ii) the request requires the collection of a
26    substantial number of specified records;

 

 

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1        (iii) the request is couched in categorical terms and
2    requires an extensive search for the records responsive to
3    it;
4        (iv) the requested records have not been located in the
5    course of routine search and additional efforts are being
6    made to locate them;
7        (v) the requested records require examination and
8    evaluation by personnel having the necessary competence
9    and discretion to determine if they are exempt from
10    disclosure under Section 7 of this Act or should be
11    revealed only with appropriate deletions;
12        (vi) the request for records cannot be complied with by
13    the public body within the time limits prescribed by
14    paragraph (c) of this Section without unduly burdening or
15    interfering with the operations of the public body;
16        (vii) there is a need for consultation, which shall be
17    conducted with all practicable speed, with another public
18    body or among two or more components of a public body
19    having a substantial interest in the determination or in
20    the subject matter of the request.
21    The person making a request and the public body may agree
22in writing to extend the time for compliance for a period to be
23determined by the parties. If the requester and the public body
24agree to extend the period for compliance, a failure by the
25public body to comply with any previous deadlines shall not be
26treated as a denial of the request for the records.

 

 

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1    (f) When additional time is required for any of the above
2reasons, the public body shall, within 5 business days after
3receipt of the request, notify the person making the request of
4the reasons for the extension and the date by which the
5response will be forthcoming. Failure to respond within the
6time permitted for extension shall be considered a denial of
7the request. A public body that fails to respond to a request
8within the time permitted for extension but thereafter provides
9the requester with copies of the requested public records may
10not impose a fee for those copies. A public body that requests
11an extension and subsequently fails to respond to the request
12may not treat the request as unduly burdensome under subsection
13(g).
14    (g) Requests calling for all records falling within a
15category shall be complied with unless compliance with the
16request would be unduly burdensome for the complying public
17body and there is no way to narrow the request and the burden
18on the public body outweighs the public interest in the
19information. Before invoking this exemption, the public body
20shall extend to the person making the request an opportunity to
21confer with it in an attempt to reduce the request to
22manageable proportions. If any body responds to a categorical
23request by stating that compliance would unduly burden its
24operation and the conditions described above are met, it shall
25do so in writing, specifying the reasons why it would be unduly
26burdensome and the extent to which compliance will so burden

 

 

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1the operations of the public body. Such a response shall be
2treated as a denial of the request for information.
3    Repeated requests from the same person for the same records
4that are unchanged or identical to records previously provided
5or properly denied under this Act shall be deemed unduly
6burdensome under this provision.
7    (h) Each public body may promulgate rules and regulations
8in conformity with the provisions of this Section pertaining to
9the availability of records and procedures to be followed,
10including:
11        (i) the times and places where such records will be
12    made available, and
13        (ii) the persons from whom such records may be
14    obtained.
15    (i) (Blank). The time periods for compliance or denial of a
16request to inspect or copy records set out in this Section
17shall not apply to requests for records made for a commercial
18purpose. Such requests shall be subject to the provisions of
19Section 3.1 of this Act.
20(Source: P.A. 96-542, eff. 1-1-10.)
 
21    (5 ILCS 140/3.1)
22    Sec. 3.1. Requests for commercial purposes.
23    (a) If a person requests to inspect or copy public records
24for a commercial purpose, then that person must provide a
25statement setting forth the commercial purpose for which the

 

 

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1public records will be used. The public body may request
2additional information concerning the nature of the request.
3    (b) Upon being furnished a statement under subsection (a),
4the public body may charge a fee that includes the cost of
5time, materials, equipment, and personnel in copying or
6producing the record. The public body may require the person to
7pay charges in full before copying the requested documents.
8    (c) The time limitations set forth under Section 3 do not
9apply to any request made for a commercial purpose. Within 21
10days after being furnished a statement under subsection (a),
11unless the records are exempt from disclosure, the public body
12must notify the requester of the estimated time required by the
13public body to provide the records requested and the estimated
14fees to be charged.
15    (d) If a person: (i) obtains a public record for a
16commercial purpose without indicating the commercial purpose;
17(ii) obtains a public record for a noncommercial purpose and
18uses or knowingly allows the use of the public record for a
19commercial purpose; or (iii) knowingly obtains a public record
20from anyone other than the public body and uses it for a
21commercial purpose, then that person, in addition to any other
22penalty, is liable to the public body for damages in the amount
23of 3 times the amount that would have been charged for the
24public record had the commercial purpose been stated, plus
25costs and reasonable attorney's fees or, if it can be shown
26that the public record would not have been provided had the

 

 

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1commercial purpose of actual use been stated at the time of
2obtaining the records, 3 times the actual damages.
3    (a) A public body shall respond to a request for records to
4be used for a commercial purpose within 21 working days after
5receipt. The response shall (i) provide to the requester an
6estimate of the time required by the public body to provide the
7records requested and an estimate of the fees to be charged,
8which the public body may require the person to pay in full
9before copying the requested documents, (ii) deny the request
10pursuant to one or more of the exemptions set out in this Act,
11(iii) notify the requester that the request is unduly
12burdensome and extend an opportunity to the requester to
13attempt to reduce the request to manageable proportions, or
14(iv) provide the records requested.
15    (b) Unless the records are exempt from disclosure, a public
16body shall comply with a request within a reasonable period
17considering the size and complexity of the request, and giving
18priority to records requested for non-commercial purposes.
19    (c) It is a violation of this Act for a person to knowingly
20obtain a public record for a commercial purpose without
21disclosing that it is for a commercial purpose, if requested to
22do so by the public body.
23(Source: P.A. 96-542, eff. 1-1-10.)
 
24    (5 ILCS 140/6)  (from Ch. 116, par. 206)
25    Sec. 6. Format of disclosures and authority Authority to

 

 

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1charge fees.
2    (a) When a person requests a copy of a record maintained in
3an electronic format, the public body shall furnish it in an
4the electronic format that is generally available to the public
5specified by the requester, if feasible. If it is not feasible
6to furnish the public records in an the specified electronic
7format that is generally available to the public, then the
8public body shall furnish it in the format in which it is
9maintained by the public body, or in paper format at the option
10of the requester. The public body may make its records
11available through any publicly accessible electronic means.
12The public body may respond to a request by notifying the
13requester that the record is available through publicly
14accessible electronic means. A public body may charge the
15requester for the actual cost of purchasing the recording
16medium, whether disc, diskette, tape, or other medium, and the
17public body may charge a fee under subsection (b) for any paper
18that was used in creating an electronic record. A public body
19may not charge the requester for the costs of any search for
20and review of the records or other personnel costs associated
21with reproducing the records. Except to the extent that the
22General Assembly expressly provides, statutory fees applicable
23to copies of public records when furnished in a paper format
24shall not be applicable to those records when furnished in an
25electronic format.
26    (b) Except when a fee is otherwise fixed by statute, each

 

 

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1public body may charge fees reasonably calculated to reimburse
2its actual cost for reproducing and certifying public records
3and for the use, by any person, of the equipment of the public
4body to copy records. No fees shall be charged for the first 50
5pages of black and white, letter or legal sized copies
6requested by a requester. The fee for black and white, letter
7or legal sized copies shall not exceed 15 cents per page. If a
8public body provides copies in color or in a size other than
9letter or legal, the public body may not charge more than its
10actual cost for reproducing the records. In calculating its
11actual cost for reproducing records or for the use of the
12equipment of the public body to reproduce records, a public
13body shall not include the costs of any search for and review
14of the records or other personnel costs associated with
15reproducing the records. Such fees shall be imposed according
16to a standard scale of fees, established and made public by the
17body imposing them. The cost for certifying a record shall not
18exceed $1.
19    (c) Documents shall be furnished without charge or at a
20reduced charge, as determined by the public body, if the person
21requesting the documents states the specific purpose for the
22request and indicates that a waiver or reduction of the fee is
23in the public interest. Waiver or reduction of the fee is in
24the public interest if the principal purpose of the request is
25to access and disseminate information regarding the health,
26safety and welfare or the legal rights of the general public

 

 

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1and is not for the principal purpose of personal or commercial
2benefit. For purposes of this subsection, "commercial benefit"
3shall not apply to requests made by news media when the
4principal purpose of the request is to access and disseminate
5information regarding the health, safety, and welfare or the
6legal rights of the general public. In setting the amount of
7the waiver or reduction, the public body may take into
8consideration the amount of materials requested and the cost of
9copying them.
10    (d) The imposition of a fee not consistent with subsections
11(6)(a) and (b) of this Act constitutes a denial of access to
12public records for the purposes of judicial review.
13    (e) The fee for each abstract of a driver's record shall be
14as provided in Section 6-118 of "The Illinois Vehicle Code",
15approved September 29, 1969, as amended, whether furnished as a
16paper copy or as an electronic copy.
17(Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".