HB3833 103RD GENERAL ASSEMBLY

LRB103 25448 HEP 51797 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3833

Introduced 2/17/2023, 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.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Freedom of Information Act is amended by adding Section 2.16 as follows:

(5 ILCS 140/2.16 new)

Sec. 2.16. Public official's right to records.

(a) 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.

(b) A member of the General Assembly shall have access to all records of each State agency.

(c) Records of a public body shall be provided under equal circumstances to all persons entitled to records under this Section. Records shall be provided within 5 business days, unless a mutual agreement between the official and the public body provides otherwise.

(d) An official entitled to records under this Section is not required to submit a request for records under other provisions of this Act.

(e) This Section does not apply to records exempt under Section 7 or 7.5 of this Act.