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Wednesday, April 14, 2021

Bills Introduced in the Illinois General Assembly to Amend FOIA


There has been a lot of bill activity in the Illinois General Assembly's 102nd Session. Today, we are reporting on some of the bills that, if approved, would amend the Freedom of Information Act (FOIA).

HB 2815 - If approved, this would amend FOIA to provide that all elected and appointed officials of a public body (including members of the General Assembly) are entitled to access all records of the public body, unless the records are exempt from release under sections 7 or 7.5 of FOIA, without having to file a FOIA request.

HB 2816 - If approved, this would amend FOIA to (1) expand the definition of public body to include the governing bodies of IGAs between public bodies and (2) require the State Police to furnish LEADS information to a requester relating to the requester and disclose all queries made in LEADS about the requester.

HB 3624 - If approved, this would amend FOIA to exempt General Assembly members from the definition of "recurrent requester." It would also require public bodies to provide a detailed index or log of every document withhold from release with a description of the applicable exemption. Further, it would require a public body to place $7500 in an escrow account for every FOIA request denied by the public body, which a requester would be entitled to the money if the public body is determined to have violated FOIA in denying the request. The bill would also modify the preliminary/draft document exemption to exclude records prepared for an executive report.

HB 3737 - If approved, this would amend FOIA to expand the definition of "public body" to include member-based organizations that lobby for their government body members and would also provide that records of the member-based organization that pertain to the receipt of member funds or expenditure of those funds are subject to FOIA.

HB 4005 - If approved, this would amend FIOA to require a public body to provide records in the format requested by the requester.

SB 526 - If approved, this would amend FOIA to exempt from FOIA records pertaining to a murder investigation conducted within the past 80 years unless the act is alleged to have been committed by a law enforcement officer.

SB 2427 - If approved, this would amend FOIA to expand the definition of "public body" to include any non-profit agency that contracts with the Metropolitan Pier and Exposition Authority to manage State-owned property or provide goods or services to the Authority.

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