Bill Text: IL SB2203 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Freedom of Information Act. In the Act's intent provisions, removes references to the lower priority of a public body's financial obligations when considering requests. Changes the deadline by which a public body must act on a records request and provides that that period is to be calculated in accordance with the Statute on Statutes and, with respect to School Code entities, certain provisions of the School Code relating to non-pupil attendance days. Authorizes each public body to charge fees for reproducing and certifying public records. Removes the requirement that a public body provide the first 150 pages of a request at no charge. Removes the requirement that a public body include certain legal bases when denying a request. Permits a public body to seek review of a binding opinion of the Public Access Counselor in the county where the body's principal office is located (now, Cook County or Sangamon County). With respect to the disclosure exemption for personal information, removes the balancing test with respect to an unwarranted invasion of privacy. Exempts from disclosure employment applications and applications for appointments to fill vacancies in public offices. Deletes provisions requiring public bodies to give notice to the Public Access Counselor before asserting exemptions for personal information or preliminary documents. Requires (now, permits) a review when a public body seeks an advisory opinion from the Public Access Counselor. Provides for the effects of a public body seeking and relying upon a binding written opinion of the Public Access Counselor. Effective immediately.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2203 Detail]

Download: Illinois-2011-SB2203-Amended.html

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Sen. Pamela J. Althoff

Filed: 3/11/2011

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AMENDMENT TO SENATE BILL 2203
AMENDMENT NO. ______. Amend Senate Bill 2203 by replacing
everything after the enacting clause with the following:
"Section 5. The Freedom of Information Act is amended by
changing Section 1 as follows:
(5 ILCS 140/1) (from Ch. 116, par. 201)
Sec. 1. Pursuant to the the fundamental philosophy of the
American constitutional form of government, it is declared to
be the public policy of the State of Illinois that all persons
are entitled to full and complete information regarding the
affairs of government and the official acts and policies of
those who represent them as public officials and public
employees consistent with the terms of this Act. Such access is
necessary to enable the people to fulfill their duties of
discussing public issues fully and freely, making informed
political judgments and monitoring government to ensure that it

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is being conducted in the public interest.
The General Assembly hereby declares that it is the public
policy of the State of Illinois that access by all persons to
public records promotes the transparency and accountability of
public bodies at all levels of government. It is a fundamental
obligation of government to operate openly and provide public
records as expediently and efficiently as possible in
compliance with this Act.
This Act is not intended to cause an unwarranted invasion
of personal privacy, nor to allow the requests of a commercial
enterprise to unduly burden public resources, or to disrupt the
duly-undertaken work of any public body independent of the
fulfillment of any of the fore-mentioned rights of the people
to access to information.
This Act is not intended to create an obligation on the
part of any public body to maintain or prepare any public
record which was not maintained or prepared by such public body
at the time when this Act becomes effective, except as
otherwise required by applicable local, State or federal law.
Restraints on access to information, to the extent
permitted by this Act, are limited exceptions to the principle
that the people of this State have a right to full disclosure
of information relating to the decisions, policies,
procedures, rules, standards, and other aspects of government
activity that affect the conduct of government and the lives of
any or all of the people. The provisions of this Act shall be

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construed in accordance with this principle. This Act shall be
construed to require disclosure of requested information as
expediently and efficiently as possible and adherence to the
deadlines established in this Act.
The General Assembly recognizes that this Act imposes
fiscal obligations on public bodies to provide adequate staff
and equipment to comply with its requirements. The General
Assembly declares that providing records in compliance with the
requirements of this Act is a primary duty of public bodies to
the people of this State, and this Act should be construed to
this end, fiscal obligations notwithstanding.
The General Assembly further recognizes that technology
may advance at a rate that outpaces its ability to address
those advances legislatively. To the extent that this Act may
not expressly apply to those technological advances, this Act
should nonetheless be interpreted to further the declared
policy of this Act that public records shall be made available
upon request except when denial of access furthers the public
policy underlying a specific exemption.
This Act shall be the exclusive State statute on freedom of
information, except to the extent that other State statutes
might create additional restrictions on disclosure of
information or other laws in Illinois might create additional
obligations for disclosure of information to the public.
(Source: P.A. 96-542, eff. 1-1-10.)".