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IL SB1357

IL SB1357
FOIA-ABUSE BY OFFICIAL


summary

Introduced
01/28/2025
In Committee
01/28/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Freedom of Information Act. Provides that an elected official of a unit of local government shall not use an alias, false identity, or any other deceptive means to submit a request for public records under the Act if the intent of the request is to cause the unit of local government to incur unreasonable or excessive costs. Sets forth penalties for a violation of this prohibition. Provides that, if an elected official of a unit of local government submits a request or series of requests resulting in unreasonable or excessive costs and if the use of an alias or false identity is discovered, then there is a rebuttable presumption that the request or requests were made to cause the unit of local government to incur unreasonable or excessive costs. Authorizes a unit of local government to seek reimbursement from elected officials who violate this requirement. Authorizes the Attorney General, in coordination with units of local government, to investigate alleged violations and to take appropriate legal action against persons it alleges to have committed violations.

AI Summary

This bill amends the Illinois Freedom of Information Act (FOIA) to prevent elected local government officials from abusing public records request processes by using aliases or false identities to intentionally create excessive financial burdens for their local government. The bill defines "unreasonable or excessive costs" as expenses related to fulfilling a public records request that collectively exceed $100,000, including copying fees, labor costs, legal fees, and other processing expenses. If an elected official is found to have submitted a request or series of requests using an alias with the intent to cause significant financial strain, they can be charged with a Class A misdemeanor. The bill also establishes a rebuttable presumption that if an alias is discovered, the request was made to intentionally incur excessive costs. Additionally, the bill authorizes local governments to seek reimbursement from officials who violate these provisions and allows the Attorney General to investigate and take legal action against individuals suspected of such misconduct. The primary goal is to prevent deliberate misuse of the public records request system by elected officials seeking to disrupt or financially burden local government operations.

Sponsors (2)

Last Action

Added as Co-Sponsor Sen. Paul Faraci (on 02/26/2025)

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