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| [ House Amendment 003 ] |
90_HB0800eng
5 ILCS 140/3 from Ch. 116, par. 203
705 ILCS 105/13 from Ch. 25, par. 13
Amends the Freedom of Information Act. Provides that a
public body may not delegate or contract exclusively with
another person, for the storage, copying, reproduction,
inspection, or dissemination of public records. Amends the
Clerks of Courts Act to prohibit a clerk of the court from
delegating or contracting exclusively with another person,
for the storage, copying, reproduction, inspection, or
dissemination of court records. Effective immediately.
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1 AN ACT in relation to public records, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Freedom of Information Act is amended by
6 changing Section 3 as follows:
7 (5 ILCS 140/3) (from Ch. 116, par. 203)
8 Sec. 3. (a) Each public body shall make available to
9 any person for inspection or copying all public records,
10 except as otherwise provided in Section 7 of this Act.
11 Notwithstanding any other law, a public body may not grant to
12 any person or entity, whether by contract, license, or
13 otherwise, the exclusive right to access and disseminate any
14 public record as defined in this Act.
15 (b) Subject to the fee provisions of Section 6 of this
16 Act, each public body shall promptly provide, to any person
17 who submits a written request, a copy of any public record
18 required to be disclosed by subsection (a) of this Section
19 and shall certify such copy if so requested.
20 (c) Each public body shall, promptly, either comply with
21 or deny a written request for public records within 7 working
22 days after its receipt. Denial shall be by letter as
23 provided in Section 9 of this Act. Failure to respond to a
24 written request within 7 working days after its receipt shall
25 be considered a denial of the request.
26 (d) The time limits prescribed in paragraph (c) of this
27 Section may be extended in each case for not more than 7
28 additional working days for any of the following reasons:
29 (i) the requested records are stored in whole or in part
30 at other locations than the office having charge of the
31 requested records;
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1 (ii) the request requires the collection of a
2 substantial number of specified records;
3 (iii) the request is couched in categorical terms and
4 requires an extensive search for the records responsive to
5 it;
6 (iv) the requested records have not been located in the
7 course of routine search and additional efforts are being
8 made to locate them;
9 (v) the requested records require examination and
10 evaluation by personnel having the necessary competence and
11 discretion to determine if they are exempt from disclosure
12 under Section 7 of this Act or should be revealed only with
13 appropriate deletions;
14 (vi) the request for records cannot be complied with by
15 the public body within the time limits prescribed by
16 paragraph (c) of this Section without unduly burdening or
17 interfering with the operations of the public body;
18 (vii) there is a need for consultation, which shall be
19 conducted with all practicable speed, with another public
20 body or among two or more components of a public body having
21 a substantial interest in the determination or in the subject
22 matter of the request.
23 (e) When additional time is required for any of the
24 above reasons, the public body shall notify by letter the
25 person making the written request within the time limits
26 specified by paragraph (c) of this Section of the reasons for
27 the delay and the date by which the records will be made
28 available or denial will be forthcoming. In no instance, may
29 the delay in processing last longer than 7 working days. A
30 failure to render a decision within 7 working days shall be
31 considered a denial of the request.
32 (f) Requests calling for all records falling within a
33 category shall be complied with unless compliance with the
34 request would be unduly burdensome for the complying public
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1 body and there is no way to narrow the request and the burden
2 on the public body outweighs the public interest in the
3 information. Before invoking this exemption, the public body
4 shall extend to the person making the request an opportunity
5 to confer with it in an attempt to reduce the request to
6 manageable proportions. If any body responds to a
7 categorical request by stating that compliance would unduly
8 burden its operation and the conditions described above are
9 met, it shall do so in writing, specifying the reasons why it
10 would be unduly burdensome and the extent to which compliance
11 will so burden the operations of the public body. Such a
12 response shall be treated as a denial of the request for
13 information. Repeated requests for the same public records
14 by the same person shall be deemed unduly burdensome under
15 this provision.
16 (g) Each public body may promulgate rules and
17 regulations in conformity with the provisions of this Section
18 pertaining to the availability of records and procedures to
19 be followed, including:
20 (i) the times and places where such records will be made
21 available, and
22 (ii) the persons from whom such records may be obtained.
23 (Source: P.A. 83-1013.)
24 Section 10. The Clerks of Courts Act is amended by
25 changing Section 13 as follows:
26 (705 ILCS 105/13) (from Ch. 25, par. 13)
27 Sec. 13. The clerks shall attend the sessions of their
28 respective courts, preserve all the files and papers thereof,
29 make, keep and preserve complete records of all the
30 proceedings and determinations thereof, except in cases
31 otherwise provided by law, and do and perform all other
32 duties pertaining to their offices, as may be required by law
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1 or the rules and orders of their courts respectively.
2 Notwithstanding any other law, the right to access and
3 disseminate any court record as defined in this Act may not
4 be subject to an exclusive contract with another person or
5 entity. This Section is subject to the provisions of "The
6 Local Records Act", approved August 18, 1961, as amended.
7 (Source: P.A. 83-346.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.