Bill Text: IL SB1386 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Freedom of Information Act. Provides that each public body shall designate one or more public body officials or employees (rather than officials or employees) to act as its Freedom of Information officer or officers. Provides that "public body officials" means elected or appointed office holders of the public body but does not include private attorneys or law firms appointed to represent the public body.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-29 - Referred to Assignments [SB1386 Detail]

Download: Illinois-2025-SB1386-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1386 Introduced 1/29/2025, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
5 ILCS 140/3.5
Amends the Freedom of Information Act. Provides that each public body shall designate one or more public body officials or employees (rather than officials or employees) to act as its Freedom of Information officer or officers. Provides that "public body officials" means elected or appointed office holders of the public body but does not include private attorneys or law firms appointed to represent the public body.
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A BILL FOR
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AN ACT concerning State 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
changing Section 3.5 as follows:
(5 ILCS 140/3.5)
Sec. 3.5. Freedom of Information officers.
(a) Each public body shall designate one or more public
body officials or employees to act as its Freedom of
Information officer or officers. Except in instances when
records are furnished immediately, Freedom of Information
officers, or their designees, shall receive requests submitted
to the public body under this Act, ensure that the public body
responds to requests in a timely fashion, and issue responses
under this Act. Freedom of Information officers shall develop
a list of documents or categories of records that the public
body shall immediately disclose upon request.
Upon receiving a request for a public record, the Freedom
of Information officer shall:
(1) note the date the public body receives the written
request;
(2) compute the day on which the period for response
will expire and make a notation of that date on the written

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request;
(3) maintain an electronic or paper copy of a written
request, including all documents submitted with the
request until the request has been complied with or
denied; and
(4) create a file for the retention of the original
request, a copy of the response, a record of written
communications with the requester, and a copy of other
communications.
(b) All Freedom of Information officers shall, within 6
months after the effective date of this amendatory Act of the
96th General Assembly, successfully complete an electronic
training curriculum to be developed by the Public Access
Counselor and thereafter successfully complete an annual
training program. Thereafter, whenever a new Freedom of
Information officer is designated by a public body, that
person shall successfully complete the electronic training
curriculum within 30 days after assuming the position.
Successful completion of the required training curriculum
within the periods provided shall be a prerequisite to
continue serving as a Freedom of Information officer.
(c) As used in this Section, "public body officials" means
elected or appointed office holders of the public body.
"Public body officials" does not include private attorneys or
law firms appointed to represent the public body.
(Source: P.A. 96-542, eff. 1-1-10.)