Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0325 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0069
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3	2		SB0325 Enrolled LRB103 25008 HEP 51342 b
4		-	AN ACT concerning government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Freedom of Information Act is amended by
8		-	changing Section 9.5 as follows:
9		-	(5 ILCS 140/9.5)
10		-	Sec. 9.5. Public Access Counselor; opinions.
11		-	(a) A person whose request to inspect or copy a public
12		-	record is denied by a public body, except the General Assembly
13		-	and committees, commissions, and agencies thereof, may file a
14		-	request for review with the Public Access Counselor
15		-	established in the Office of the Attorney General not later
16		-	than 60 days after the date of the final denial. The request
17		-	for review must be in writing, signed by the requester, and
18		-	include (i) a copy of the request for access to records and
19		-	(ii) any responses from the public body.
20		-	(b) A person whose request to inspect or copy a public
21		-	record is made for a commercial purpose as defined in
22		-	subsection (c-10) of Section 2 of this Act may not file a
23		-	request for review with the Public Access Counselor. A person
24		-	whose request to inspect or copy a public record was treated by
25		-	the public body as a request for a commercial purpose under
26		-	Section 3.1 of this Act may file a request for review with the
	3	+	1 AN ACT concerning government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Freedom of Information Act is amended by
	7	+	5 changing Section 9.5 as follows:
	8	+	6 (5 ILCS 140/9.5)
	9	+	7 Sec. 9.5. Public Access Counselor; opinions.
	10	+	8 (a) A person whose request to inspect or copy a public
	11	+	9 record is denied by a public body, except the General Assembly
	12	+	10 and committees, commissions, and agencies thereof, may file a
	13	+	11 request for review with the Public Access Counselor
	14	+	12 established in the Office of the Attorney General not later
	15	+	13 than 60 days after the date of the final denial. The request
	16	+	14 for review must be in writing, signed by the requester, and
	17	+	15 include (i) a copy of the request for access to records and
	18	+	16 (ii) any responses from the public body.
	19	+	17 (b) A person whose request to inspect or copy a public
	20	+	18 record is made for a commercial purpose as defined in
	21	+	19 subsection (c-10) of Section 2 of this Act may not file a
	22	+	20 request for review with the Public Access Counselor. A person
	23	+	21 whose request to inspect or copy a public record was treated by
	24	+	22 the public body as a request for a commercial purpose under
	25	+	23 Section 3.1 of this Act may file a request for review with the
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33		-	Public Access Counselor for the limited purpose of reviewing
34		-	whether the public body properly determined that the request
35		-	was made for a commercial purpose.
36		-	(b-5) A person whose request to inspect or copy a public
37		-	record was treated by a public body, except the General
38		-	Assembly and committees, commissions, and agencies thereof, as
39		-	a voluminous request under Section 3.6 of this Act may file a
40		-	request for review with the Public Access Counselor for the
41		-	purpose of reviewing whether the public body properly
42		-	determined that the request was a voluminous request.
43		-	(c) Upon receipt of a request for review, the Public
44		-	Access Counselor shall determine whether further action is
45		-	warranted. If the Public Access Counselor determines that the
46		-	alleged violation is unfounded, he or she shall so advise the
47		-	requester and the public body and no further action shall be
48		-	undertaken. In all other cases, the Public Access Counselor
49		-	shall forward a copy of the request for review to the public
50		-	body within 7 business days after receipt and shall specify
51		-	the records or other documents that the public body shall
52		-	furnish to facilitate the review. Within 7 business days after
53		-	receipt of the request for review, the public body shall
54		-	provide copies of records requested and shall otherwise fully
55		-	cooperate with the Public Access Counselor. If a public body
56		-	fails to furnish specified records pursuant to this Section,
57		-	or if otherwise necessary, the Attorney General may issue a
58		-	subpoena to any person or public body having knowledge of or
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	34	+	1 Public Access Counselor for the limited purpose of reviewing
	35	+	2 whether the public body properly determined that the request
	36	+	3 was made for a commercial purpose.
	37	+	4 (b-5) A person whose request to inspect or copy a public
	38	+	5 record was treated by a public body, except the General
	39	+	6 Assembly and committees, commissions, and agencies thereof, as
	40	+	7 a voluminous request under Section 3.6 of this Act may file a
	41	+	8 request for review with the Public Access Counselor for the
	42	+	9 purpose of reviewing whether the public body properly
	43	+	10 determined that the request was a voluminous request.
	44	+	11 (c) Upon receipt of a request for review, the Public
	45	+	12 Access Counselor shall determine whether further action is
	46	+	13 warranted. If the Public Access Counselor determines that the
	47	+	14 alleged violation is unfounded, he or she shall so advise the
	48	+	15 requester and the public body and no further action shall be
	49	+	16 undertaken. In all other cases, the Public Access Counselor
	50	+	17 shall forward a copy of the request for review to the public
	51	+	18 body within 7 business days after receipt and shall specify
	52	+	19 the records or other documents that the public body shall
	53	+	20 furnish to facilitate the review. Within 7 business days after
	54	+	21 receipt of the request for review, the public body shall
	55	+	22 provide copies of records requested and shall otherwise fully
	56	+	23 cooperate with the Public Access Counselor. If a public body
	57	+	24 fails to furnish specified records pursuant to this Section,
	58	+	25 or if otherwise necessary, the Attorney General may issue a
	59	+	26 subpoena to any person or public body having knowledge of or
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61		-	records pertaining to a request for review of a denial of
62		-	access to records under the Act. Records or documents obtained
63		-	by the Public Access Counselor from a public body for the
64		-	purpose of addressing a request for review under this Section
65		-	may not be disclosed to the public, including the requester,
66		-	by the Public Access Counselor. These records, while in the
67		-	possession of the Public Access Counselor, are exempt under
68		-	this Act from disclosure by the Public Access Counselor. To
69		-	the extent that records or documents produced by a public body
70		-	contain information that is claimed to be exempt from
71		-	disclosure under Section 7 of this Act, the Public Access
72		-	Counselor shall not further disclose that information.
73		-	(d) Within 7 business days after it receives a copy of a
74		-	request for review and request for production of records from
75		-	the Public Access Counselor, the public body may, but is not
76		-	required to, answer the allegations of the request for review.
77		-	The answer may take the form of a letter, brief, or memorandum.
78		-	The Public Access Counselor shall forward a copy of the answer
79		-	to the person submitting the request for review, with any
80		-	alleged confidential information to which the request pertains
81		-	redacted from the copy. The requester may, but is not required
82		-	to, respond in writing to the answer within 7 business days and
83		-	shall provide a copy of the response to the public body.
84		-	(e) In addition to the request for review, and the answer
85		-	and the response thereto, if any, a requester or a public body
86		-	may furnish affidavits or records concerning any matter
87	62
88	63
89		-	germane to the review.
90		-	(f) Unless the Public Access Counselor extends the time by
91		-	no more than 30 business days by sending written notice to the
92		-	requester and the public body that includes a statement of the
93		-	reasons for the extension in the notice, or decides to address
94		-	the matter without the issuance of a binding opinion, the
95		-	Attorney General shall examine the issues and the records,
96		-	shall make findings of fact and conclusions of law, and shall
97		-	issue to the requester and the public body an opinion in
98		-	response to the request for review within 60 days after its
99		-	receipt. The opinion shall be binding upon both the requester
100		-	and the public body, subject to administrative review under
101		-	Section 11.5.
102		-	In responding to any request under this Section 9.5, the
103		-	Attorney General may exercise his or her discretion and choose
104		-	to resolve a request for review by mediation or by a means
105		-	other than the issuance of a binding opinion. The decision not
106		-	to issue a binding opinion shall not be reviewable.
107		-	Upon receipt of a binding opinion concluding that a
108		-	violation of this Act has occurred, the public body shall
109		-	either take necessary action immediately to comply with the
110		-	directive of the opinion or shall initiate administrative
111		-	review under Section 11.5. If the opinion concludes that no
112		-	violation of the Act has occurred, the requester may initiate
113		-	administrative review under Section 11.5.
114		-	A public body that discloses records in accordance with an
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117		-	opinion of the Attorney General is immune from all liabilities
118		-	by reason thereof and shall not be liable for penalties under
119		-	this Act.
120		-	(g) If the requester files suit under Section 11 with
121		-	respect to the same denial that is the subject of a pending
122		-	request for review, the requester shall notify the Public
123		-	Access Counselor, and the Public Access Counselor shall take
124		-	no further action with respect to the request for review and
125		-	shall so notify the public body.
126		-	(h) The Attorney General may also issue advisory opinions
127		-	to public bodies regarding compliance with this Act. A review
128		-	may be initiated upon receipt of a written request from the
129		-	head of the public body or its attorney, which shall contain
130		-	sufficient accurate facts from which a determination can be
131		-	made. The Public Access Counselor may request additional
132		-	information from the public body in order to assist in the
133		-	review. A public body that relies in good faith on an advisory
134		-	opinion of the Attorney General in responding to a request is
135		-	not liable for penalties under this Act, so long as the facts
136		-	upon which the opinion is based have been fully and fairly
137		-	disclosed to the Public Access Counselor.
138		-	(Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)
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	70	+	1 records pertaining to a request for review of a denial of
	71	+	2 access to records under the Act. Records or documents obtained
	72	+	3 by the Public Access Counselor from a public body for the
	73	+	4 purpose of addressing a request for review under this Section
	74	+	5 may not be disclosed to the public, including the requester,
	75	+	6 by the Public Access Counselor. These records, while in the
	76	+	7 possession of the Public Access Counselor, are exempt under
	77	+	8 this Act from disclosure by the Public Access Counselor. To
	78	+	9 the extent that records or documents produced by a public body
	79	+	10 contain information that is claimed to be exempt from
	80	+	11 disclosure under Section 7 of this Act, the Public Access
	81	+	12 Counselor shall not further disclose that information.
	82	+	13 (d) Within 7 business days after it receives a copy of a
	83	+	14 request for review and request for production of records from
	84	+	15 the Public Access Counselor, the public body may, but is not
	85	+	16 required to, answer the allegations of the request for review.
	86	+	17 The answer may take the form of a letter, brief, or memorandum.
	87	+	18 The Public Access Counselor shall forward a copy of the answer
	88	+	19 to the person submitting the request for review, with any
	89	+	20 alleged confidential information to which the request pertains
	90	+	21 redacted from the copy. The requester may, but is not required
	91	+	22 to, respond in writing to the answer within 7 business days and
	92	+	23 shall provide a copy of the response to the public body.
	93	+	24 (e) In addition to the request for review, and the answer
	94	+	25 and the response thereto, if any, a requester or a public body
	95	+	26 may furnish affidavits or records concerning any matter
	96	+
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	100	+
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	106	+	1 germane to the review.
	107	+	2 (f) Unless the Public Access Counselor extends the time by
	108	+	3 no more than 30 business days by sending written notice to the
	109	+	4 requester and the public body that includes a statement of the
	110	+	5 reasons for the extension in the notice, or decides to address
	111	+	6 the matter without the issuance of a binding opinion, the
	112	+	7 Attorney General shall examine the issues and the records,
	113	+	8 shall make findings of fact and conclusions of law, and shall
	114	+	9 issue to the requester and the public body an opinion in
	115	+	10 response to the request for review within 60 days after its
	116	+	11 receipt. The opinion shall be binding upon both the requester
	117	+	12 and the public body, subject to administrative review under
	118	+	13 Section 11.5.
	119	+	14 In responding to any request under this Section 9.5, the
	120	+	15 Attorney General may exercise his or her discretion and choose
	121	+	16 to resolve a request for review by mediation or by a means
	122	+	17 other than the issuance of a binding opinion. The decision not
	123	+	18 to issue a binding opinion shall not be reviewable.
	124	+	19 Upon receipt of a binding opinion concluding that a
	125	+	20 violation of this Act has occurred, the public body shall
	126	+	21 either take necessary action immediately to comply with the
	127	+	22 directive of the opinion or shall initiate administrative
	128	+	23 review under Section 11.5. If the opinion concludes that no
	129	+	24 violation of the Act has occurred, the requester may initiate
	130	+	25 administrative review under Section 11.5.
	131	+	26 A public body that discloses records in accordance with an
	132	+
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	135	+
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	142	+	1 opinion of the Attorney General is immune from all liabilities
	143	+	2 by reason thereof and shall not be liable for penalties under
	144	+	3 this Act.
	145	+	4 (g) If the requester files suit under Section 11 with
	146	+	5 respect to the same denial that is the subject of a pending
	147	+	6 request for review, the requester shall notify the Public
	148	+	7 Access Counselor, and the Public Access Counselor shall take
	149	+	8 no further action with respect to the request for review and
	150	+	9 shall so notify the public body.
	151	+	10 (h) The Attorney General may also issue advisory opinions
	152	+	11 to public bodies regarding compliance with this Act. A review
	153	+	12 may be initiated upon receipt of a written request from the
	154	+	13 head of the public body or its attorney, which shall contain
	155	+	14 sufficient accurate facts from which a determination can be
	156	+	15 made. The Public Access Counselor may request additional
	157	+	16 information from the public body in order to assist in the
	158	+	17 review. A public body that relies in good faith on an advisory
	159	+	18 opinion of the Attorney General in responding to a request is
	160	+	19 not liable for penalties under this Act, so long as the facts
	161	+	20 upon which the opinion is based have been fully and fairly
	162	+	21 disclosed to the Public Access Counselor.
	163	+	22 (Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)
	164	+
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