96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6938

 

Introduced , by Rep. JoAnn D. Osmond

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/3.1

    Amends the Freedom of Information Act. Provides that the Department of Natural Resources may not categorize a request for public records as a request for records to be used for a commercial purpose if that request is made by a municipality.


LRB096 24209 JDS 43653 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6938LRB096 24209 JDS 43653 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.

 

 

HB6938- 2 -LRB096 24209 JDS 43653 b

1    (b-5) The Department of Natural Resources may not
2categorize a request for public records as a request for
3records to be used for a commercial purpose if the request is
4made by a municipality. Instead, the Department must, as
5specified in subsection (d) of Section 3, comply with each
6request for public records within 5 business days after its
7receipt, unless the time for response is properly extended
8under subsection (e) of Section 3. This subsection shall not be
9construed to limit any exemption that is otherwise available
10under Section 7.
11    (c) It is a violation of this Act for a person to knowingly
12obtain a public record for a commercial purpose without
13disclosing that it is for a commercial purpose, if requested to
14do so by the public body.
15(Source: P.A. 96-542, eff. 1-1-10.)