SB2715ham005 104TH GENERAL ASSEMBLY

Rep. Daniel Didech

Filed: 5/21/2026

10400SB2715ham005 LRB104 15880 BDA 38063 a

AMENDMENT TO SENATE BILL 2715

AMENDMENT NO. ______. Amend Senate Bill 2715, AS AMENDED, by inserting the following in its proper numeric sequence:

"Section 10. The Freedom of Information Act is amended by changing Sections 2 and 11 as follows:

(5 ILCS 140/2) (from Ch. 116, par. 202)

Sec. 2. Definitions. As used in this Act:

(a) "Public body" means all legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State, any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code. "Public body" does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act, or a regional youth advisory board or the Statewide Youth Advisory Board established under the Department of Children and Family Services Statewide Youth Advisory Board Act.

(b) "Person" means any individual or any individual acting as an agent of a corporation, partnership, firm, organization or association, acting individually or as a group.

(c) "Public records" means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of any public body. "Public records" does not include junk mail.

(c-5) "Private information" means unique identifiers, including a person's social security number, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email addresses. Private information also includes home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person. For a public body that is a HIPAA-covered entity, "private information" includes electronic medical records and all information, including demographic information, contained within or extracted from an electronic medical records system operated or maintained by the public body in compliance with State and federal medical privacy laws and regulations, including, but not limited to, the Health Insurance Portability and Accountability Act and its regulations, 45 CFR Parts 160 and 164. As used in this subsection, "HIPAA-covered entity" has the meaning given to the term "covered entity" in 45 CFR 160.103.

(c-10) "Commercial purpose" means the use of any part of a public record or records, or information derived from public records, in any form for sale, resale, or solicitation or advertisement for sales or services. For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered to be made for a "commercial purpose" when the principal purpose of the request is (i) to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or public research or education.

(d) "Copying" means the reproduction of any public record by means of any photographic, electronic, mechanical or other process, device or means now known or hereafter developed and available to the public body.

(e) "Head of the public body" means the president, mayor, chairman, presiding officer, director, superintendent, manager, supervisor or individual otherwise holding primary executive and administrative authority for the public body, or such person's duly authorized designee.

(f) "News media" means a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing.

(g) "Recurrent requester", as used in Section 3.2 of this Act, means a person that, in the 12 months immediately preceding the request, has submitted to the same public body (i) a minimum of 50 requests for records, (ii) a minimum of 15 requests for records within a 30-day period, or (iii) a minimum of 7 requests for records within a 7-day period. For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered in calculating the number of requests made in the time periods in this definition when the principal purpose of the requests is (i) to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or public research or education.

For the purposes of this subsection (g), "request" means a written document (or oral request, if the public body chooses to honor oral requests) that is submitted to a public body via personal delivery, mail, telefax, electronic mail, or other means available to the public body and that identifies the particular public record the requester seeks. One request may identify multiple records to be inspected or copied.

(h) "Voluminous request" means a request that: (i) includes more than 5 individual requests for more than 5 different categories of records or a combination of individual requests that total requests for more than 5 different categories of records in a period of 20 business days; or (ii) requires the compilation of more than 500 letter or legal-sized pages of public records unless a single requested record exceeds 500 pages. "Single requested record" may include, but is not limited to, one report, form, e-mail, letter, memorandum, book, map, microfilm, tape, or recording.

"Voluminous request" does not include a request made by news media and non-profit, scientific, or academic organizations if the principal purpose of the request is: (1) to access and disseminate information concerning news and current or passing events; (2) for articles of opinion or features of interest to the public; or (3) for the purpose of academic, scientific, or public research or education.

For the purposes of this subsection (h), "request" means a written document, or oral request, if the public body chooses to honor oral requests, that is submitted to a public body via personal delivery, mail, telefax, electronic mail, or other means available to the public body and that identifies the particular public record or records the requester seeks. One request may identify multiple individual records to be inspected or copied.

(i) "Severance agreement" means a mutual agreement between any public body and its employee for the employee's resignation in exchange for payment by the public body.

(j) "Junk mail" means (i) any unsolicited commercial mail sent to a public body and not responded to by an official, employee, or agent of the public body or (ii) any unsolicited commercial electronic communication sent to a public body and not responded to by an official, employee, or agent of the public body.

(k) "Vexatious litigant" means a person who, in the 12 months immediately preceding the commencement of an action under this Act, has (i) commenced 10 or more civil actions under this Act in any court; or (ii) been declared a vexatious litigant in a prior action under this Act by any court.

(Source: P.A. 103-554, eff. 1-1-24; 104-438, eff. 1-1-26.)

(5 ILCS 140/11) (from Ch. 116, par. 211)

Sec. 11. (a) Any person denied access to inspect or copy any public record by a public body may file suit for injunctive or declaratory relief.

(a-5) In accordance with Section 11.6 of this Act, a requester may file an action to enforce a binding opinion issued under Section 9.5 of this Act.

(b) Where the denial is from a public body of the State, suit may be filed in the circuit court for the county where the public body has its principal office or where the person denied access resides.

(c) Where the denial is from a municipality or other public body, except as provided in subsection (b) of this Section, suit may be filed in the circuit court for the county where the public body is located.

(d) The circuit court shall have the jurisdiction to enjoin the public body from withholding public records and to order the production of any public records improperly withheld from the person seeking access. If the public body can show that exceptional circumstances exist, and that the body is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the agency additional time to complete its review of the records.

(e) On motion of the plaintiff, prior to or after in camera inspection, the court shall order the public body to provide an index of the records to which access has been denied. The index shall include the following:

(i) A description of the nature or contents of each document withheld, or each deletion from a released document, provided, however, that the public body shall not be required to disclose the information which it asserts is exempt; and

(ii) A statement of the exemption or exemptions claimed for each such deletion or withheld document.

(f) In any action considered by the court, the court shall consider the matter de novo, and shall conduct such in camera examination of the requested records as it finds appropriate to determine if such records or any part thereof may be withheld under any provision of this Act. The burden shall be on the public body to establish that its refusal to permit public inspection or copying is in accordance with the provisions of this Act. Any public body that asserts that a record is exempt from disclosure has the burden of proving that it is exempt by clear and convincing evidence.

(g) In the event of noncompliance with an order of the court to disclose, the court may enforce its order against any public official or employee so ordered or primarily responsible for such noncompliance through the court's contempt powers.

(h) Except as to causes the court considers to be of greater importance, proceedings arising under this Section shall take precedence on the docket over all other causes and be assigned for hearing and trial at the earliest practicable date and expedited in every way.

(i) In any action pending in any court under this Act, the public body may move that the court enter an order declaring the plaintiff to be a vexatious litigant. The motion shall be supported by a showing that the plaintiff meets the definition of vexatious litigant in Section 2 of this Act.

If the public body establishes that the plaintiff is a vexatious litigant, the court shall declare the plaintiff a vexatious litigant and shall order the vexatious litigant to post security in an amount calculated to cover the public body's reasonable attorney's fees and costs and within such time as the court deems appropriate. The court shall not proceed to the merits of the action until the issue of a vexatious litigant is determined and, if applicable, the vexatious litigant posts the ordered security.

A court determining whether a person is a vexatious litigant under this Section shall consider the person's litigation history under this Act, and the finding shall be made notwithstanding any other law.

(i-5) If a vexatious litigant fails to post security required by an order of the court under this Section, the court may issue an order dismissing the action with prejudice as to the moving party for whose benefit the security was ordered.

(i-10) If the motion for an order declaring the plaintiff to be a vexatious litigant under this Section is filed before the trial in an action, the action shall be automatically stayed and the moving party need not plead or otherwise respond to the vexatious litigant's complaint, pleading, request for relief, or other document until 10 business days after the motion is denied. If the motion is granted, the moving party shall respond or plead no later than 10 business days after the required security has been furnished.

(i-15) If a defendant prevails against a vexatious litigant, the court shall award the defendant its costs and attorney's fees. If the defendant prevails in a proceeding under this Section and the plaintiff is not a vexatious litigant, the court may award the defendant all or a portion of the defendant's attorney's fees and costs.

(i-20) If a person seeking the right to inspect or receive a copy of a public record prevails in a proceeding under this Section, the court shall award such person reasonable attorney's fees and costs. In determining what amount of attorney's fees is reasonable, the court shall consider the degree to which the relief obtained relates to the relief sought. The changes contained in this subsection apply to an action filed on or after January 1, 2010 (the effective date of Public Act 96-542).

(j) If the court determines that a public body willfully and intentionally failed to comply with this Act, or otherwise acted in bad faith, the court shall also impose upon the public body a civil penalty of not less than $2,500 nor more than $5,000 for each occurrence. In assessing the civil penalty, the court shall consider in aggravation or mitigation the budget of the public body and whether the public body has previously been assessed penalties for violations of this Act. The court may impose an additional penalty of up to $1,000 for each day the violation continues if:

(1) the public body fails to comply with the court's order after 30 days;

(2) the court's order is not on appeal or stayed; and

(3) the court does not grant the public body additional time to comply with the court's order to disclose public records.

The changes contained in this subsection made by Public Act 96-542 apply to an action filed on or after January 1, 2010 (the effective date of Public Act 96-542).

(j-5) In addition to any other relief provided in this Section, the court in any judicial circuit may, on its own motion or on the motion of any party, enter a prefiling order prohibiting a vexatious litigant from commencing any new action in the courts of that circuit without first obtaining leave of the court. Failure to comply with such an order may be punished as contempt of court. Leave of court shall be granted by the court only upon a showing that the proposed action is meritorious and is not being filed for the purpose of delay, harassment, or any improper purpose. The court shall condition the filing of the proposed action upon the furnishing of security as provided in this Section.

(j-10) The clerk of the court shall not file any new action under this Act by a vexatious litigant against whom a prefiling order has been entered unless the vexatious litigant has obtained an order from the court allowing the filing. If the clerk of the court mistakenly allows a vexatious litigant to file any new action in contravention of a prefiling order, any party to that action may file with the clerk and serve on the vexatious litigant and all other parties a notice stating that the vexatious litigant is subject to a prefiling order. The filing of a notice shall automatically stay the litigation against all parties to the action. The court shall automatically dismiss the action with prejudice within 10 days after the filing of the notice unless the vexatious litigant files a motion for leave to file the new action. If the court issues an order granting leave, the pleadings or other responses to the complaint need not be filed until 10 days after the date of service by the vexatious litigant of a copy of the order granting leave.

(j-15) An automatic stay imposed under this Section remains in effect until the court:

(1) exercises its discretion to vacate the stay;

(2) rules on the motion for an order declaring the plaintiff to be a vexatious litigant under subsection (i) or the motion for leave under subsections (j-5) and (j-10), whichever motion is applicable; or

(3) dismisses the action under subsection (j-10).

(j-20) If a court declares a person to be a vexatious litigant, the clerk of the court shall provide to the Public Access Counselor the names of the vexatious litigants and the date of the court's determination. The Public Access Counselor shall maintain a registry of all vexatious litigants.

(k) The changes to this Section made by this amendatory Act of the 99th General Assembly apply to actions filed on or after the effective date of this amendatory Act of the 99th General Assembly.

(Source: P.A. 99-586, eff. 1-1-17; 99-642, eff. 7-28-16.)".