Sunshine Review: Amendments to Illinois FOIA

The following bill is awaiting signature from the governor.

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House Bill 1716
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Status:
Final Status:x (Awaiting transfer to the Governor)

• House:p (05/31/2011, 84-Yeas, 31-Nays, 0-Not Voting)
• Senate:p (05/30/2011, 43-Yeas, 16-Nays, 0-Not Voting)
• Governor:

Sponsor:
Representative Jim Durkin

Introduction date:
02/16/11

State law:
Illinois Freedom of Information Act

Bill text:
As Introduced
As amended by the House
As amended by the Senate

[edit] HB 1716

HB 1716 introduced to the House by Representative Jim Durkin which would make significant alterations to the Illinois Freedom of Information Act. It would add special rules for "Recurrent requesters" in regards to fees, deadlines and exemptions. It would also for additional fees for commercial records requests. Finally it would redact sections relating to the duties of Access Councilors.^[1]

[edit] Details

Below are the amendments that effect Open Meetings or Public Records law:

Section 2:

• subsection g - A person who makes more than 50 records requests in one year, more than 15 requests in a month, or more than 7 requests in a week who is not a member of a media organization, scientific or academic organization or other non-profit would be considered a "Recurrent requester." These groups would not be considered "Recurrent requesters" provided that the requests were made for articles of opinion or features of public interest, or educational, scientific, and public research.

Section 3.2:

• subsection a - would allow agencies 21 days to respond to record requests. The response would be required to include an estimate of fees that would be assessed, a denial based on an exemption, or notification that the request is unduly burdensome.
• subsection b - would allow agencies 5 days after receiving a request from a "Recurrent requester" to give response which must include reasons why the agency is classifying the requester as such. The public body would then have 21 days after response to notify the requester of proposed responses.
• subsection c - unless the request is exempt from disclosure the public body is required to respond within a "reasonable period" given the size and complexity of the request.

Section 6:

• subsection a - if requests are made for commercial purposes an agency may alter charges for researching or reproducing records.
• subsection b - if requests are made for commercial purposes an agency may add charges for search and review of records and any personnel costs associated with it.
• subsection f - allows the public body to charge $10 for each hour spent by personnel retrieving records for commercial purposes as laid out by subsection a and b. If the agency does assess additional fees it must provide an accounting of all fees, costs and hours involved in the request.

Section 9:

• subsection b - a person who makes a request for commercial purposes may file for a request of review with a Public Access Councilor. It would redact the previous section b that allowed for Access Councilors to clarify the basis for request denials, grant councilors the ability to review with further inquiry, and mediate between a requester and an agency. ^[1]