Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2169 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2169 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED: 5 ILCS 140/11 from Ch. 116, par. 211 Amends the Freedom of Information Act. Provides that, if the denial of a request includes a request for minutes or a verbatim record of a meeting of the public body closed to the public as provided in the Open Meetings Act that have not been previously made available for public inspection, suit may be filed under a specified provision only after a 60-day period following (i) the receipt of the request by the public body or (ii) the issuance of a binding or non-binding opinion from the Public Access Counselor, whichever is later, to allow for review of the requested records as provided under the Open Meetings Act. LRB104 08955 BDA 19010 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2169 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED: 5 ILCS 140/11 from Ch. 116, par. 211 5 ILCS 140/11 from Ch. 116, par. 211 Amends the Freedom of Information Act. Provides that, if the denial of a request includes a request for minutes or a verbatim record of a meeting of the public body closed to the public as provided in the Open Meetings Act that have not been previously made available for public inspection, suit may be filed under a specified provision only after a 60-day period following (i) the receipt of the request by the public body or (ii) the issuance of a binding or non-binding opinion from the Public Access Counselor, whichever is later, to allow for review of the requested records as provided under the Open Meetings Act. LRB104 08955 BDA 19010 b LRB104 08955 BDA 19010 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2169 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 140/11 from Ch. 116, par. 211 5 ILCS 140/11 from Ch. 116, par. 211
4	4	5 ILCS 140/11 from Ch. 116, par. 211
5	5	Amends the Freedom of Information Act. Provides that, if the denial of a request includes a request for minutes or a verbatim record of a meeting of the public body closed to the public as provided in the Open Meetings Act that have not been previously made available for public inspection, suit may be filed under a specified provision only after a 60-day period following (i) the receipt of the request by the public body or (ii) the issuance of a binding or non-binding opinion from the Public Access Counselor, whichever is later, to allow for review of the requested records as provided under the Open Meetings Act.
6	6	LRB104 08955 BDA 19010 b LRB104 08955 BDA 19010 b
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8	8	A BILL FOR
9	9	SB2169LRB104 08955 BDA 19010 b SB2169 LRB104 08955 BDA 19010 b
10	10	SB2169 LRB104 08955 BDA 19010 b
11	11	1 AN ACT concerning government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Freedom of Information Act is amended by
15	15	5 changing Section 11 as follows:
16	16	6 (5 ILCS 140/11) (from Ch. 116, par. 211)
17	17	7 Sec. 11. (a) Any person denied access to inspect or copy
18	18	8 any public record by a public body may file suit for injunctive
19	19	9 or declaratory relief.
20	20	10 (a-5) In accordance with Section 11.6 of this Act, a
21	21	11 requester may file an action to enforce a binding opinion
22	22	12 issued under Section 9.5 of this Act.
23	23	13 (b) Where the denial is from a public body of the State,
24	24	14 suit may be filed in the circuit court for the county where the
25	25	15 public body has its principal office or where the person
26	26	16 denied access resides.
27	27	17 (c) Where the denial is from a municipality or other
28	28	18 public body, except as provided in subsection (b) of this
29	29	19 Section, suit may be filed in the circuit court for the county
30	30	20 where the public body is located. If the denial includes a
31	31	21 request for minutes or a verbatim record of a meeting of the
32	32	22 public body closed to the public as provided in the Open
33	33	23 Meetings Act that have not been previously made available for
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2169 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED:
38	38	5 ILCS 140/11 from Ch. 116, par. 211 5 ILCS 140/11 from Ch. 116, par. 211
39	39	5 ILCS 140/11 from Ch. 116, par. 211
40	40	Amends the Freedom of Information Act. Provides that, if the denial of a request includes a request for minutes or a verbatim record of a meeting of the public body closed to the public as provided in the Open Meetings Act that have not been previously made available for public inspection, suit may be filed under a specified provision only after a 60-day period following (i) the receipt of the request by the public body or (ii) the issuance of a binding or non-binding opinion from the Public Access Counselor, whichever is later, to allow for review of the requested records as provided under the Open Meetings Act.
41	41	LRB104 08955 BDA 19010 b LRB104 08955 BDA 19010 b
42	42	LRB104 08955 BDA 19010 b
43	43	A BILL FOR
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49	49	5 ILCS 140/11 from Ch. 116, par. 211
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68	68	1 public inspection, suit may be filed only under this
69	69	2 subsection after a 60-day period following (i) the receipt of
70	70	3 the request by the public body or (ii) the issuance of a
71	71	4 binding or non-binding opinion from the Public Access
72	72	5 Counselor under Section 9.5, whichever is later, to allow for
73	73	6 review of the requested records as provided in Section 2.06 of
74	74	7 the Open Meetings Act.
75	75	8 (d) The circuit court shall have the jurisdiction to
76	76	9 enjoin the public body from withholding public records and to
77	77	10 order the production of any public records improperly withheld
78	78	11 from the person seeking access. If the public body can show
79	79	12 that exceptional circumstances exist, and that the body is
80	80	13 exercising due diligence in responding to the request, the
81	81	14 court may retain jurisdiction and allow the agency additional
82	82	15 time to complete its review of the records.
83	83	16 (e) On motion of the plaintiff, prior to or after in camera
84	84	17 inspection, the court shall order the public body to provide
85	85	18 an index of the records to which access has been denied. The
86	86	19 index shall include the following:
87	87	20 (i) A description of the nature or contents of each
88	88	21 document withheld, or each deletion from a released
89	89	22 document, provided, however, that the public body shall
90	90	23 not be required to disclose the information which it
91	91	24 asserts is exempt; and
92	92	25 (ii) A statement of the exemption or exemptions
93	93	26 claimed for each such deletion or withheld document.
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104	104	1 (f) In any action considered by the court, the court shall
105	105	2 consider the matter de novo, and shall conduct such in camera
106	106	3 examination of the requested records as it finds appropriate
107	107	4 to determine if such records or any part thereof may be
108	108	5 withheld under any provision of this Act. The burden shall be
109	109	6 on the public body to establish that its refusal to permit
110	110	7 public inspection or copying is in accordance with the
111	111	8 provisions of this Act. Any public body that asserts that a
112	112	9 record is exempt from disclosure has the burden of proving
113	113	10 that it is exempt by clear and convincing evidence.
114	114	11 (g) In the event of noncompliance with an order of the
115	115	12 court to disclose, the court may enforce its order against any
116	116	13 public official or employee so ordered or primarily
117	117	14 responsible for such noncompliance through the court's
118	118	15 contempt powers.
119	119	16 (h) Except as to causes the court considers to be of
120	120	17 greater importance, proceedings arising under this Section
121	121	18 shall take precedence on the docket over all other causes and
122	122	19 be assigned for hearing and trial at the earliest practicable
123	123	20 date and expedited in every way.
124	124	21 (i) If a person seeking the right to inspect or receive a
125	125	22 copy of a public record prevails in a proceeding under this
126	126	23 Section, the court shall award such person reasonable
127	127	24 attorney's fees and costs. In determining what amount of
128	128	25 attorney's fees is reasonable, the court shall consider the
129	129	26 degree to which the relief obtained relates to the relief
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140	140	1 sought. The changes contained in this subsection apply to an
141	141	2 action filed on or after January 1, 2010 (the effective date of
142	142	3 Public Act 96-542).
143	143	4 (j) If the court determines that a public body willfully
144	144	5 and intentionally failed to comply with this Act, or otherwise
145	145	6 acted in bad faith, the court shall also impose upon the public
146	146	7 body a civil penalty of not less than $2,500 nor more than
147	147	8 $5,000 for each occurrence. In assessing the civil penalty,
148	148	9 the court shall consider in aggravation or mitigation the
149	149	10 budget of the public body and whether the public body has
150	150	11 previously been assessed penalties for violations of this Act.
151	151	12 The court may impose an additional penalty of up to $1,000 for
152	152	13 each day the violation continues if:
153	153	14 (1) the public body fails to comply with the court's
154	154	15 order after 30 days;
155	155	16 (2) the court's order is not on appeal or stayed; and
156	156	17 (3) the court does not grant the public body
157	157	18 additional time to comply with the court's order to
158	158	19 disclose public records.
159	159	20 The changes contained in this subsection made by Public
160	160	21 Act 96-542 apply to an action filed on or after January 1, 2010
161	161	22 (the effective date of Public Act 96-542).
162	162	23 (k) The changes to this Section made by this amendatory
163	163	24 Act of the 99th General Assembly apply to actions filed on or
164	164	25 after the effective date of this amendatory Act of the 99th
165	165	26 General Assembly.
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