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HB 3611

FOIA-NUCLEAR SECURITY

104th Regular Session Introduced by Will Davis

HB 3611 adds a FOIA exemption for records deemed “security sensitive” under NRC/National Materials Program rules, restricting public access.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 3611

HB 3611 — FOIA-NUCLEAR SECURITY (2025)

Bill number: HB 3611
Sponsor: Rep. William "Will" Davis
Subject: Amends the Illinois Freedom of Information Act (FOIA)
Statutory change: 5 ILCS 140/7 (Section 7 — FOIA exemptions)
Companion: SB 284

Summary — purpose and intent

HB 3611 adds a specific exemption to the Illinois Freedom of Information Act for records that have been determined to be “security sensitive” under requirements tied to the U.S. Nuclear Regulatory Commission (NRC) and the National Materials Program. The stated intent is to prevent disclosure, under FOIA, of documents that could harm nuclear security if released publicly.

Key provisions

  • Amends Section 7 of the FOIA (5 ILCS 140/7) to exempt from inspection and copying any documents that have been determined to be “security sensitive” under applicable NRC and National Materials Program requirements.
  • The exemption applies in addition to existing FOIA exemptions enumerated in Section 7 (it is added to that list of exempt categories).
  • The bill does not, on its face, specify the exact categories of documents covered beyond those deemed “security sensitive” by the referenced federal requirements; it relies on the federal NRC/National Materials Program determinations/definitions.

Who is affected

  • Public bodies and state agencies that maintain records subject to FOIA and that also possess records governed by NRC or National Materials Program security determinations (for example, state regulators, emergency management agencies, or units of local government that hold nuclear-security-related documents).
  • Licensees and entities dealing with nuclear materials operating in Illinois (utilities, plant operators, certain contractors), because records they provide to public bodies may be withheld if designated security sensitive under the referenced federal rules.
  • Requesters under FOIA (journalists, researchers, advocacy organizations, private citizens) — their access to nuclear security‑sensitive records held by Illinois public bodies may be restricted under the new exemption.

Procedural timeline / status

  • Introduced: February 18, 2025 (filed Feb 7)
  • Committee and floor activity: Referred to committees, reported favorably, passed both chambers in April–May 2025.
  • Sent to Governor: May 20, 2025
  • Signed by Governor: May 29, 2025
  • Effective date: September 1, 2025

Practical implications and considerations

  • The amendment narrows public access to records that federal nuclear regulatory frameworks identify as security sensitive, aligning state FOIA practice with federal nuclear security protections.
  • Because the bill references federal determinations, the scope of the exemption will largely track NRC and National Materials Program definitions and procedures; disputes may arise if requesters challenge whether a particular record is properly designated security‑sensitive.
  • The change is focused on security and public-safety considerations rather than broad secrecy; it does not alter other FOIA exemptions or the redaction/segregation requirements already in FOIA for mixed records.

If you want, I can draft a one‑paragraph plain‑language explanation for the public, or extract the likely categories of records that will be affected based on NRC/National Materials Program guidance.

Compiled from official sources — confirm details with the bill’s official record.

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