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.