NEW RELIEF FROM ONEROUS FOIA REQUESTS MAY BE ON THE WAY

October 17, 2014

By James A. Petrungaro

A little-publicized piece of FOIA legislation that was rushed through both chambers of the General Assembly at the end of the last legislative session will soon be on its way to the Governor’s desk. If signed by Governor Quinn, House Bill 3796 would amend FOIA and create a new set of rules for responding to a “voluminous request.” Included in the relief would be additional time for the public body to respond and the ability to charge the requester fees for voluminous electronic records. The same legislation would also allow a public body to refer a requester to its website if the records requested, no matter their size, are publicly available on the website. A limited exception would apply where the requester can demonstrate an inability to access the Internet.

Scariano, Himes and Petrarca is tracking the legislation closely and, if signed by Governor Quinn, will provide a substantive review of the law’s new requirements.