Public Act 097-0579
 
HB1716 EnrolledLRB097 08394 JDS 48521 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 3. The Freedom of Information Act is amended  by 
changing Sections 2, 6, and 9.5 and  by adding Section 3.2 as 
follows:
 



    (5 ILCS 140/2)  (from Ch. 116, par. 202)



    Sec. 2. Definitions. As used in this Act:

    (a) "Public body" means all legislative,
executive, 
administrative, or advisory bodies of the State, state 
universities
and colleges, counties, townships, cities, 
villages, incorporated towns,
school districts and all other 
municipal corporations,
boards, bureaus, committees, or 
commissions of this State, any
subsidiary
bodies of any of the 
foregoing including but not limited to committees and

subcommittees thereof, and a School Finance Authority created 
under
Article 1E of the School Code.
 "Public body" does not 
include a child death review team
or the Illinois Child Death 
Review Teams
Executive Council
 established under
the Child 
Death Review Team Act.

    (b) "Person" means any individual, corporation, 
partnership, firm,
organization
or association, acting 
individually or as a group.

    (c) "Public records" means all records, reports, forms, 
writings, letters,
memoranda, books, papers, maps, 
photographs, microfilms, cards, tapes,
recordings,
electronic 
data processing records, electronic communications, recorded 
information and all other
documentary
materials pertaining to 
the transaction of public business, regardless of physical form 
or characteristics, having been
prepared by or for, or having 
been or being used by, received by, in the possession of, or 
under the
control
of
any public body.
    (c-5) "Private information" means unique identifiers, 
including a person's social security number, driver's license 
number, employee identification number, biometric identifiers, 
personal financial information, passwords or other access 
codes, medical records, home or personal telephone numbers, and 
personal email addresses. Private information also includes 
home address and personal license plates, except as otherwise 
provided by law or when compiled without possibility of 
attribution to any person. 
    (c-10) "Commercial purpose" means the use of any part of a 
public record or records, or information derived from public 
records, in any form for sale, resale, or solicitation or 
advertisement for sales or services. For purposes of this 
definition, requests made by news media and non-profit, 
scientific, or academic organizations shall not be considered 
to be made for a "commercial purpose" when the principal 
purpose of the request is (i) to access and disseminate 
information concerning news and current or passing events, (ii) 
for articles of opinion or features of interest to the public, 
or (iii) for the purpose of academic, scientific, or public 
research or education.

    (d) "Copying" means the reproduction of any public record 
by means of any
photographic, electronic, mechanical or other 
process, device or means now known or hereafter developed and 
available to the public body.

    (e) "Head of the public body" means the president, mayor, 
chairman,
presiding
officer, director, superintendent, 
manager, supervisor or individual otherwise
holding primary 
executive and administrative authority for the public
body, or 
such person's duly authorized designee.

    (f) "News media" means a newspaper or other periodical 
issued at regular
intervals whether in print or electronic 
format, a news service whether
in print or electronic format, a 
radio
station, a television station, a television network, a 
community
antenna television service, or a person or 
corporation engaged in making news
reels or other motion 
picture news for public showing.

    (g) "Recurrent requester", as used in Section 3.2 of this 
Act, means a person that, in the 12 months immediately 
preceding the request, has submitted to the same public body 
(i) a minimum of 50 requests for records, (ii) a minimum of 15 
requests for records within a 30-day period, or (iii) a minimum 
of 7 requests for records within a 7-day period.  For purposes 
of this definition, requests made by news media and non-profit, 
scientific, or academic organizations shall not be considered 
in calculating the number of requests made in the time periods 
in this definition when the principal purpose of the requests 
is (i) to access and disseminate information concerning news 
and current or passing events, (ii) for articles of opinion or 
features of interest to the public, or (iii) for the purpose of 
academic, scientific, or public research or education. 
    For the purposes of this subsection (g), "request" means a 
written document (or oral request, if the public body chooses 
to honor oral requests) that is submitted to a public body via 
personal delivery, mail, telefax, electronic mail, or other 
means available to the public body and that identifies the 
particular public record the requester seeks. One request may 
identify multiple records to be inspected or copied. 
(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; 
96-1000, eff. 7-2-10.)

 
    (5 ILCS 140/3.2 new)
    Sec. 3.2. Recurrent requesters.
    (a) Nothwithstanding any provision of this Act to the 
contrary, a public body shall respond to a request from a 
recurrent requester, as defined in subsection (g) of Section 2, 
within 21 business days after receipt.  The response shall (i) 
provide to the requester an estimate of the time required by 
the public body to provide the records requested and an 
estimate of the fees to be charged, which the public body may 
require the person to pay in full before copying the requested 
documents, (ii) deny the request pursuant to one or more of the 
exemptions set out in this Act, (iii) notify the requester that 
the request is unduly burdensome and extend an opportunity to 
the requester to attempt to reduce the request to manageable 
proportions, or (iv) provide the records requested.
    (b) Within 5 business days after receiving a request from a 
recurrent requester, as defined in subsection (g) of Section 2, 
the public body shall notify the requester (i) that the public 
body is treating the request as a request under subsection (g) 
of Section 2, (ii) of the reasons why the public body is 
treating the request as a request under subsection (g) of 
Section 2, and (iii) that the public body will send an initial 
response within 21 business days after receipt in accordance 
with subsection (a) of this Section.  The public body shall also 
notify the requester of the proposed responses that can be 
asserted pursuant to subsection (a) of this Section.
    (c) Unless the records are exempt from disclosure, a public 
body shall comply with a request within a reasonable period 
considering the size and complexity of the request.
 



    (5 ILCS 140/6)  (from Ch. 116, par. 206)



    Sec. 6. Authority to charge fees. 

    (a) When a person requests a copy of a record maintained in 
an electronic format, the public body shall furnish it in the 
electronic format specified by the requester, if feasible. If 
it is not feasible to furnish the public records in the 
specified electronic format, then the public body shall furnish 
it in the format in which it is maintained by the public body, 
or in paper format at the option of the requester. A public 
body may charge the requester for the actual cost of purchasing 
the recording medium, whether disc, diskette, tape, or other 
medium.  A public body may not charge the requester for the 
costs of any search for and review of the records or other 
personnel costs associated with reproducing the records, 
except for commercial requests as provided in subsection (f) of 
this Section.  Except to the extent that the General Assembly 
expressly provides, statutory fees applicable to copies of 
public records when furnished in a paper format shall not be 
applicable to those records when furnished in an electronic 
format. 
    (b) Except when a fee is otherwise fixed by statute, each 
public body may charge fees
reasonably
calculated to
reimburse

its actual cost for reproducing and certifying public records 
and for the
use, by any person, of the equipment of the public 
body to copy records. No fees shall be charged for the first 50 
pages of black and white, letter or legal sized copies 
requested by a requester. The fee for black and white, letter 
or legal sized copies shall not exceed 15 cents per page. If a 
public body provides copies in color or in a size other than 
letter or legal, the public body may not charge more than its 
actual cost for reproducing the records.
In calculating its 
actual cost for reproducing records or for the use of the 
equipment of the public body to reproduce records, a public 
body shall not include the costs of any search for and review 
of the records or other personnel costs associated with 
reproducing the records, except for commercial requests as 
provided in subsection (f) of this Section.  Such fees shall be 
imposed
according to a standard scale of fees, established and 
made public by the
body imposing them. The cost for certifying 
a record shall not exceed $1. 

    (c) Documents shall be furnished without charge or at a 
reduced
charge, as determined by the public body, if the person 
requesting the
documents states the specific purpose for the 
request and indicates that a
waiver or reduction of the fee is 
in the public interest.  Waiver or
reduction of the fee is in 
the public interest if the principal purpose of
the request is 
to access and disseminate information regarding the health,

safety and welfare or the legal rights of the general public 
and is not for
the principal purpose of personal or commercial 
benefit.
For purposes of this subsection, "commercial benefit" 
shall not apply to
requests
made by news media when the 
principal purpose of the request is to access and
disseminate 
information regarding the health, safety, and welfare or the 
legal
rights of the general public.
In setting the
amount of 
the waiver or reduction, the public body may take into

consideration the amount of materials requested and the cost of 
copying
them.

    (d) The imposition of a fee not consistent with subsections

(6)(a) and (b) of this Act constitutes a denial of access to 
public
records for the purposes of judicial review.

    (e) The fee for each abstract of a driver's record shall be 
as provided
in Section 6-118 of "The Illinois Vehicle Code", 
approved September 29,
1969, as amended, whether furnished as a 
paper copy or as an electronic copy.

    (f) A public body may charge up to $10 for each hour spent 
by personnel in searching for and retrieving a requested 
record.  No fees shall be charged for the first 8 hours spent by 
personnel in searching for or retrieving a requested record.  A 
public body may charge the actual cost of retrieving and 
transporting public records from an off-site storage facility 
when the public records are maintained by a third-party storage 
company under contract with the public body.  If a public body 
imposes a fee pursuant to this subsection (f), it must provide 
the requester with an accounting of all fees, costs, and 
personnel hours in connection with the request for public 
records.  The provisions of this subsection (f) apply only to 
commercial requests. 
(Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10.)

 
    (5 ILCS 140/9.5)
    Sec. 9.5. Public Access Counselor; opinions.
    (a) A person whose request to inspect or copy a public 
record is denied by a public body, except the General Assembly 
and committees, commissions, and agencies thereof, may file a 
request for review with the Public Access Counselor established 
in the Office of the Attorney General not later than 60 days 
after the date of the final denial.  The request for review must 
be in writing, signed by the requester, and include (i) a copy 
of the request for access to records and (ii) any responses 
from the public body.
    (b) A person whose request to inspect or copy a public 
record is made for a commercial purpose as defined in 
subsection (c-10) of Section 2 of this Act may not file a 
request for review with the Public Access Counselor.  A person 
whose request to inspect or copy a public record was treated by 
the public body as a request for a commercial purpose under 
Section 3.1 of this Act may file a request for review with the 
Public Access Counselor for the limited purpose of reviewing 
whether the public body properly determined that the request 
was made for a commercial purpose.  A public body that receives 
a request for records, and asserts that the records are exempt 
under subsection (1)(c) or (1)(f) of Section 7 of this Act, 
shall, within the time periods provided for responding to a 
request,  provide written notice to the requester and the  Public 
Access Counselor of its intent to deny  the request in whole or 
in part.  The notice shall include: (i) a copy of the request 
for access to records; (ii) the proposed response from the 
public body; and (iii) a detailed summary of the public body's 
basis for asserting the exemption.  Upon receipt of a notice of 
intent to deny  from a public body, the Public Access Counselor 
shall determine whether further inquiry is warranted.  Within 5 
working days after receipt of the notice of intent to deny, the 
Public Access Counselor shall notify the public body and the 
requester whether further inquiry is warranted. If the Public 
Access Counselor determines that further inquiry is warranted, 
the procedures set out in this Section regarding the review of 
denials, including the production of documents, shall also be 
applicable to the inquiry and resolution of a notice of intent 
to deny from a public body. Times for response or compliance by 
the public body under Section 3 of this Act shall be tolled 
until the Public Access Counselor concludes his or her inquiry. 
    (c) Upon receipt of a request for review, the Public Access 
Counselor shall determine whether further action is warranted.  
If the Public Access Counselor determines that the alleged 
violation is unfounded, he or she shall so advise the requester 
and the public body  and no further action shall be undertaken.  
In all other cases, the Public Access Counselor shall forward a 
copy of the request for review to the public body within 7 
business working days after receipt and shall specify the 
records or other documents that the public body shall furnish 
to facilitate the review.  Within 7 business working days after 
receipt of the request for review, the public body shall 
provide copies of records requested and shall otherwise fully 
cooperate with the Public Access Counselor. If a public body 
fails to furnish specified records pursuant to this Section, or 
if otherwise necessary, the Attorney General may issue a 
subpoena to any person or public body having knowledge of or 
records pertaining to a request for review of a denial of 
access to records under the Act. To the extent that records or 
documents produced by a public body contain information that is 
claimed to be exempt from disclosure under Section 7 of this 
Act, the Public Access Counselor shall not further disclose 
that information.
    (d) Within 7 business working days after it receives a copy 
of a request for review and request for production of records 
from the Public Access Counselor, the public body may, but is 
not required to, answer the allegations of the request for 
review.  The answer may take the form of a letter, brief, or 
memorandum. The Public Access Counselor shall forward a copy of 
the answer to the person submitting the request for review, 
with any alleged confidential information to which the request 
pertains redacted from the copy.  The requester may, but is not 
required to, respond in writing to the answer within 7 business 
working days and shall provide a copy of the response to the 
public body.
    (e) In addition to the request for review, and the answer 
and the response thereto, if any, a requester or a public body 
may furnish affidavits or records concerning any matter germane 
to the review.
    (f) Unless the Public Access Counselor  extends the time by 
no more than 30 21 business days by  sending written notice to 
the requester and  the public body that includes a statement of 
the reasons for the extension in the notice, or decides to 
address the matter without the  issuance of a binding opinion,  
the Attorney General shall examine the issues and the records, 
shall make findings of fact and conclusions of law, and  shall 
issue to the requester and the public body an opinion in 
response to the request for review within 60 days after its 
receipt.  The opinion shall be binding upon both the requester 
and the public body, subject to administrative  review under 
Section 11.5.
    In responding to any request under this Section 9.5, the 
Attorney General may exercise his or her discretion and choose 
to resolve a request for review by mediation or by a means 
other than the issuance of a binding opinion. The decision not 
to issue a binding opinion shall not be reviewable.
    Upon receipt of a binding opinion concluding that a 
violation of this Act has occurred, the public body shall 
either take necessary action immediately to comply with the 
directive of the opinion or shall initiate administrative 
review under Section 11.5.  If the opinion concludes that no 
violation of the Act has occurred, the requester may initiate 
administrative review under Section 11.5.
    A public body that discloses records in accordance with an 
opinion of the Attorney General is immune from all liabilities 
by reason thereof and shall not be liable for penalties under 
this Act. 
    (g) If the requester files suit under Section 11 with 
respect to the same denial that is the subject of a pending 
request  for  review, the requester shall notify the Public 
Access Counselor, and the Public Access Counselor shall take no 
further action with respect to the request for review and shall 
so notify the public body.
    (h) The Attorney General may also issue advisory opinions 
to public bodies regarding compliance with this Act.  A review 
may be initiated upon receipt of a written request from the 
head of the public body or its attorney, which shall contain 
sufficient accurate facts from which a determination can be 
made.  The Public Access Counselor may request additional 
information from the public body in order to assist in the 
review.  A public body that relies in good faith on an advisory 
opinion of the Attorney General in responding to a request is 
not liable for penalties under this Act, so long as the facts 
upon which the opinion is based have been fully and fairly 
disclosed to the Public Access Counselor. 

(Source: P.A. 96-542, eff. 1-1-10.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.