Public Act 103-0069
 
SB0325 EnrolledLRB103 25008 HEP 51342 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Freedom of Information Act is amended  by 
changing Section 9.5 as follows:
 
    (5 ILCS 140/9.5)
    Sec. 9.5. Public Access Counselor; opinions.
    (a) A person whose request to inspect or copy a public 
record is denied by a public body, except the General Assembly 
and committees, commissions, and agencies thereof, may file a 
request for review with the Public Access Counselor 
established in the Office of the Attorney General not later 
than 60 days after the date of the final denial.  The request 
for review must be in writing, signed by the requester, and 
include (i) a copy of the request for access to records and 
(ii) any responses from the public body.
    (b) A person whose request to inspect or copy a public 
record is made for a commercial purpose as defined in 
subsection (c-10) of Section 2 of this Act may not file a 
request for review with the Public Access Counselor.  A person 
whose request to inspect or copy a public record was treated by 
the public body as a request for a commercial purpose under 
Section 3.1 of this Act may file a request for review with the 
Public Access Counselor for the limited purpose of reviewing 
whether the public body properly determined that the request 
was made for a commercial purpose. 
    (b-5)  A person whose request to inspect or copy a public 
record was treated by a public body, except the General 
Assembly and committees, commissions, and agencies thereof, as 
a voluminous request under Section 3.6 of this Act may file a 
request for review with the Public Access Counselor for the 
purpose of reviewing whether the public body properly 
determined that the request was a voluminous request. 
    (c) Upon receipt of a request for review, the Public 
Access Counselor shall determine whether further action is 
warranted.  If the Public Access Counselor determines that the 
alleged violation is unfounded, he or she shall so advise the 
requester and the public body  and no further action shall be 
undertaken.  In all other cases, the Public Access Counselor 
shall forward a copy of the request for review to the public 
body within 7 business days after receipt and shall specify 
the records or other documents that the public body shall 
furnish to facilitate the review.  Within 7 business days after 
receipt of the request for review, the public body shall 
provide copies of records requested and shall otherwise fully 
cooperate with the Public Access Counselor. If a public body 
fails to furnish specified records pursuant to this Section, 
or if otherwise necessary, the Attorney General may issue a 
subpoena to any person or public body having knowledge of or 
records pertaining to a request for review of a denial of 
access to records under the Act. Records or documents obtained 
by the Public Access Counselor from a public body for the 
purpose of addressing a request for review under this Section 
may not be disclosed to the public, including the requester, 
by the Public Access Counselor. These records, while in the 
possession of the Public Access Counselor, are exempt under 
this Act from disclosure by the Public Access Counselor. To 
the extent that records or documents produced by a public body 
contain information that is claimed to be exempt from 
disclosure under Section 7 of this Act, the Public Access 
Counselor shall not further disclose that information.
    (d) Within 7 business days after it receives a copy of a 
request for review and request for production of records from 
the Public Access Counselor, the public body may, but is not 
required to, answer the allegations of the request for review.  
The answer may take the form of a letter, brief, or memorandum. 
The Public Access Counselor shall forward a copy of the answer 
to the person submitting the request for review, with any 
alleged confidential information to which the request pertains 
redacted from the copy.  The requester may, but is not required 
to, respond in writing to the answer within 7 business days and 
shall provide a copy of the response to the public body.
    (e) In addition to the request for review, and the answer 
and the response thereto, if any, a requester or a public body 
may furnish affidavits or records concerning any matter 
germane to the review.
    (f) Unless the Public Access Counselor  extends the time by 
no more than 30 business days by  sending written notice to the 
requester and  the public body that includes a statement of the 
reasons for the extension in the notice, or decides to address 
the matter without the  issuance of a binding opinion,  the 
Attorney General shall examine the issues and the records, 
shall make findings of fact and conclusions of law, and  shall 
issue to the requester and the public body an opinion in 
response to the request for review within 60 days after its 
receipt.  The opinion shall be binding upon both the requester 
and the public body, subject to administrative  review under 
Section 11.5.
    In responding to any request under this Section 9.5, the 
Attorney General may exercise his or her discretion and choose 
to resolve a request for review by mediation or by a means 
other than the issuance of a binding opinion. The decision not 
to issue a binding opinion shall not be reviewable.
    Upon receipt of a binding opinion concluding that a 
violation of this Act has occurred, the public body shall 
either take necessary action immediately to comply with the 
directive of the opinion or shall initiate administrative 
review under Section 11.5.  If the opinion concludes that no 
violation of the Act has occurred, the requester may initiate 
administrative review under Section 11.5.
    A public body that discloses records in accordance with an 
opinion of the Attorney General is immune from all liabilities 
by reason thereof and shall not be liable for penalties under 
this Act. 
    (g) If the requester files suit under Section 11 with 
respect to the same denial that is the subject of a pending 
request  for  review, the requester shall notify the Public 
Access Counselor, and the Public Access Counselor shall take 
no further action with respect to the request for review and 
shall so notify the public body.
    (h) The Attorney General may also issue advisory opinions 
to public bodies regarding compliance with this Act.  A review 
may be initiated upon receipt of a written request from the 
head of the public body or its attorney, which shall contain 
sufficient accurate facts from which a determination can be 
made.  The Public Access Counselor may request additional 
information from the public body in order to assist in the 
review.  A public body that relies in good faith on an advisory 
opinion of the Attorney General in responding to a request is 
not liable for penalties under this Act, so long as the facts 
upon which the opinion is based have been fully and fairly 
disclosed to the Public Access Counselor. 

(Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)