Bill > HB4681

This bill amends the Freedom of Information Act (FOIA) to introduce new definitions and procedures for handling requests for public records, particularly those from frequent or problematic requesters. It clarifies the definition of "commercial purpose" to include using public records for sale, resale, or to provide services to a specific customer, while exempting news media and non-profit, academic, or scientific organizations when their primary purpose is public interest or research. The bill defines "business day" or "working day" as Monday through Friday, excluding weekends, state holidays, and for educational institutions, winter and spring breaks and the day after Thanksgiving. It introduces the term "mass requester" for individuals or groups submitting similar requests to seven or more public bodies, requiring such requesters to receive a response within 21 business days, including an estimate of time and fees, or a denial, and prohibits knowingly obtaining records as a mass requester without disclosing that status if asked. The bill also defines "vexatious requester" based on a history of numerous or burdensome requests, allowing public bodies to petition the Public Access Counselor for relief, which could include an order to disregard current and future requests from that individual for up to a year. Furthermore, it requires individuals denied access to public records to first notify the public body of their intent to sue and offer an opportunity for an oral conference to resolve the issue within 10 business days before filing a lawsuit. Finally, the bill mandates that courts award attorney's fees and costs to a public body if it prevails in a lawsuit against a commercial purpose requester, a recurrent requester, a mass requester, or a vexatious requester.

https://www.ilga.gov/Legislation/BillStatus?DocNum=4681&GAID=18&DocTypeID=HB&SessionID=114&GA=104