SB1357 104TH GENERAL ASSEMBLY

LRB104 07866 BDA 17912 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1357

Introduced 1/28/2025, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

5 ILCS 140/10.5 new

Amends the Freedom of Information Act. Provides that an elected official of a unit of local government shall not use an alias, false identity, or any other deceptive means to submit a request for public records under the Act if the intent of the request is to cause the unit of local government to incur unreasonable or excessive costs. Sets forth penalties for a violation of this prohibition. Provides that, if an elected official of a unit of local government submits a request or series of requests resulting in unreasonable or excessive costs and if the use of an alias or false identity is discovered, then there is a rebuttable presumption that the request or requests were made to cause the unit of local government to incur unreasonable or excessive costs. Authorizes a unit of local government to seek reimbursement from elected officials who violate this requirement. Authorizes the Attorney General, in coordination with units of local government, to investigate alleged violations and to take appropriate legal action against persons it alleges to have committed violations.

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 10.5 as follows:

(5 ILCS 140/10.5 new)

Sec. 10.5. Abusive requests by elected officials using aliases.

(a) As used in this Section, "unreasonable or excessive costs" means costs that are incurred by a unit of local government, that relate to the fulfillment of a request under this Act, and that collectively exceed $100,000, including copying fees, labor costs, legal fees, or any other associated costs incurred by a unit of local government in processing a request under this Act.

(b) An elected official of a unit of local government shall not use an alias, false identity, or any other deceptive means to submit a request for public records under this Act if the intent of the request is to cause the unit of local government to incur unreasonable or excessive costs.

(c) An elected official of a unit of local government who violates subsection (b) of this Section is guilty of a Class A misdemeanor and subject to penalties as prescribed by Illinois law, including a fine not exceeding $10,000, imprisonment for a period not to exceed 1 year, or both.

(d) If an elected official of a unit of local government submits a request or series of requests resulting in unreasonable or excessive costs and if the use of an alias or false identity by the elected official is discovered, then there shall be a rebuttable presumption that the requests were made to cause the unit of local government to incur unreasonable or excessive costs in violation of subsection (b) of this Section.

(e) If an elected official is found guilty of violating subsection (b) of this Section, the unit of local government may seek reimbursement from the elected official for the full amount of the unreasonable or excessive costs incurred in responding to the request or series of requests. Reimbursement recovered under this subsection (e) may include both direct costs, such as copying or labor fees, and indirect costs, such as legal fees associated with processing the request.

(f) The Attorney General, in coordination with units of local government, may investigate alleged violations of subsection (b) of this Section and may take appropriate legal action against any person it alleges to have violated this subsection (b) of this Section.