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1 | AN ACT concerning government. | |||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||||
4 | Section 5. The Freedom of Information Act is amended by | |||||||||||||||||||||||||||
5 | changing Sections 2, 3, 6, and 9.5 and by adding Section 3.7 as | |||||||||||||||||||||||||||
6 | follows: | |||||||||||||||||||||||||||
7 | (5 ILCS 140/2) (from Ch. 116, par. 202) | |||||||||||||||||||||||||||
8 | Sec. 2. Definitions. As used in this Act: | |||||||||||||||||||||||||||
9 | (a) "Public body" means all legislative, executive, | |||||||||||||||||||||||||||
10 | administrative, or advisory bodies of the State, state | |||||||||||||||||||||||||||
11 | universities and colleges, counties, townships, cities, | |||||||||||||||||||||||||||
12 | villages, incorporated towns, school districts and all other | |||||||||||||||||||||||||||
13 | municipal corporations, boards, bureaus, committees, or | |||||||||||||||||||||||||||
14 | commissions of this State, any subsidiary bodies of any of the | |||||||||||||||||||||||||||
15 | foregoing including but not limited to committees and | |||||||||||||||||||||||||||
16 | subcommittees thereof, and a School Finance Authority created | |||||||||||||||||||||||||||
17 | under Article 1E of the School Code. "Public body" does not | |||||||||||||||||||||||||||
18 | include a child death review team or the Illinois Child Death | |||||||||||||||||||||||||||
19 | Review Teams Executive Council established under the Child | |||||||||||||||||||||||||||
20 | Death Review Team Act, or a regional youth advisory board or | |||||||||||||||||||||||||||
21 | the Statewide Youth Advisory Board established under the | |||||||||||||||||||||||||||
22 | Department of Children and Family Services Statewide Youth | |||||||||||||||||||||||||||
23 | Advisory Board Act. |
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1 | (b) "Person" means any individual, corporation, | ||||||
2 | partnership, firm, organization or association, acting | ||||||
3 | individually or as a group. | ||||||
4 | (c) "Public records" means all records, reports, forms, | ||||||
5 | writings, letters, memoranda, books, papers, maps, | ||||||
6 | photographs, microfilms, cards, tapes, recordings, electronic | ||||||
7 | data processing records, electronic communications, recorded | ||||||
8 | information and all other documentary materials pertaining to | ||||||
9 | the transaction of public business, regardless of physical | ||||||
10 | form or characteristics, having been prepared by or for, or | ||||||
11 | having been or being used by, received by, in the possession | ||||||
12 | of, or under the control of any public body. | ||||||
13 | (c-5) "Private information" means unique identifiers, | ||||||
14 | including a person's social security number, driver's license | ||||||
15 | number, employee identification number, biometric identifiers, | ||||||
16 | personal financial information, passwords or other access | ||||||
17 | codes, medical records, home or personal telephone numbers, | ||||||
18 | and personal email addresses. Private information also | ||||||
19 | includes home address and personal license plates, except as | ||||||
20 | otherwise provided by law or when compiled without possibility | ||||||
21 | of attribution to any person. For a public body that is a | ||||||
22 | HIPAA-covered entity, "private information" includes | ||||||
23 | electronic medical records and all information, including | ||||||
24 | demographic information, contained within or extracted from an | ||||||
25 | electronic medical records system operated or maintained by | ||||||
26 | the public body in compliance with State and federal medical |
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1 | privacy laws and regulations, including, but not limited to, | ||||||
2 | the Health Insurance Portability and Accountability Act and | ||||||
3 | its regulations, 45 CFR Parts 160 and 164. As used in this | ||||||
4 | subsection, "HIPAA-covered entity" has the meaning given to | ||||||
5 | the term "covered entity" in 45 CFR 160.103. | ||||||
6 | (c-10) "Commercial purpose" means the use of any part of a | ||||||
7 | public record or records, or information derived from public | ||||||
8 | records, in any form for sale, resale, or solicitation or | ||||||
9 | advertisement for sales or services. For purposes of this | ||||||
10 | definition, requests made by news media and non-profit, | ||||||
11 | scientific, or academic organizations shall not be considered | ||||||
12 | to be made for a "commercial purpose" when the principal | ||||||
13 | purpose of the request is (i) to access and disseminate | ||||||
14 | information concerning news and current or passing events, | ||||||
15 | (ii) for articles of opinion or features of interest to the | ||||||
16 | public, or (iii) for the purpose of academic, scientific, or | ||||||
17 | public research or education. | ||||||
18 | (d) "Copying" means the reproduction of any public record | ||||||
19 | by means of any photographic, electronic, mechanical or other | ||||||
20 | process, device or means now known or hereafter developed and | ||||||
21 | available to the public body. | ||||||
22 | (e) "Head of the public body" means the president, mayor, | ||||||
23 | chairman, presiding officer, director, superintendent, | ||||||
24 | manager, supervisor or individual otherwise holding primary | ||||||
25 | executive and administrative authority for the public body, or | ||||||
26 | such person's duly authorized designee. |
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1 | (f) "News media" means a newspaper or other periodical | ||||||
2 | issued at regular intervals whether in print or electronic | ||||||
3 | format, a news service whether in print or electronic format, | ||||||
4 | a radio station, a television station, a television network, a | ||||||
5 | community antenna television service, or a person or | ||||||
6 | corporation engaged in making news reels or other motion | ||||||
7 | picture news for public showing. | ||||||
8 | (g) "Recurrent requester", as used in Section 3.2 of this | ||||||
9 | Act, means a person that, in the 12 months immediately | ||||||
10 | preceding the request, has submitted to the same public body | ||||||
11 | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | ||||||
12 | requests for records within a 30-day period, or (iii) a | ||||||
13 | minimum of 7 requests for records within a 7-day period. For | ||||||
14 | purposes of this definition, requests made by news media and | ||||||
15 | non-profit, scientific, or academic organizations shall not be | ||||||
16 | considered in calculating the number of requests made in the | ||||||
17 | time periods in this definition when the principal purpose of | ||||||
18 | the requests is (i) to access and disseminate information | ||||||
19 | concerning news and current or passing events, (ii) for | ||||||
20 | articles of opinion or features of interest to the public, or | ||||||
21 | (iii) for the purpose of academic, scientific, or public | ||||||
22 | research or education. | ||||||
23 | For the purposes of this subsection (g), "request" means a | ||||||
24 | written document (or oral request, if the public body chooses | ||||||
25 | to honor oral requests) that is submitted to a public body via | ||||||
26 | personal delivery, mail, telefax, electronic mail, or other |
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1 | means available to the public body and that identifies the | ||||||
2 | particular public record the requester seeks. One request may | ||||||
3 | identify multiple records to be inspected or copied. | ||||||
4 | (h) "Voluminous request" means a request that: (i) | ||||||
5 | includes more than 5 individual requests for more than 5 | ||||||
6 | different categories of records or a combination of individual | ||||||
7 | requests that total requests for more than 5 different | ||||||
8 | categories of records in a period of 20 business days; or (ii) | ||||||
9 | requires the compilation of more than 500 letter or | ||||||
10 | legal-sized pages of public records unless a single requested | ||||||
11 | record exceeds 500 pages. "Single requested record" may | ||||||
12 | include, but is not limited to, one report, form, e-mail, | ||||||
13 | letter, memorandum, book, map, microfilm, tape, or recording. | ||||||
14 | "Voluminous request" does not include a request made by | ||||||
15 | news media and non-profit, scientific, or academic | ||||||
16 | organizations if the principal purpose of the request is: (1) | ||||||
17 | to access and disseminate information concerning news and | ||||||
18 | current or passing events; (2) for articles of opinion or | ||||||
19 | features of interest to the public; or (3) for the purpose of | ||||||
20 | academic, scientific, or public research or education. | ||||||
21 | For the purposes of this subsection (h), "request" means a | ||||||
22 | written document, or oral request, if the public body chooses | ||||||
23 | to honor oral requests, that is submitted to a public body via | ||||||
24 | personal delivery, mail, telefax, electronic mail, or other | ||||||
25 | means available to the public body and that identifies the | ||||||
26 | particular public record or records the requester seeks. One |
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1 | request may identify multiple individual records to be | ||||||
2 | inspected or copied. | ||||||
3 | (i) "Severance agreement" means a mutual agreement between | ||||||
4 | any public body and its employee for the employee's | ||||||
5 | resignation in exchange for payment by the public body. | ||||||
6 | (j) "Automated request" means a request that a public body | ||||||
7 | has a reasonable belief was (i) drafted in whole or part with | ||||||
8 | the assistance of artificial intelligence or other automating | ||||||
9 | software or (ii) submitted without any specific, affirmative | ||||||
10 | action taken by a human. | ||||||
11 | (Source: P.A. 103-554, eff. 1-1-24 .) | ||||||
12 | (5 ILCS 140/3) (from Ch. 116, par. 203) | ||||||
13 | Sec. 3. (a) Each public body shall make available to any | ||||||
14 | person for inspection or copying all public records, except as | ||||||
15 | otherwise provided in Sections 7 and 8.5 of this Act. | ||||||
16 | Notwithstanding any other law, a public body may not grant to | ||||||
17 | any person or entity, whether by contract, license, or | ||||||
18 | otherwise, the exclusive right to access and disseminate any | ||||||
19 | public record as defined in this Act. | ||||||
20 | (b) Subject to the fee provisions of Section 6 of this Act, | ||||||
21 | each public body shall promptly provide, to any person who | ||||||
22 | submits a request, a copy of any public record required to be | ||||||
23 | disclosed by subsection (a) of this Section and shall certify | ||||||
24 | such copy if so requested. | ||||||
25 | (c) Requests for inspection or copies shall be made in |
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1 | writing and directed to the public body. Written requests may | ||||||
2 | be submitted to a public body via personal delivery, mail, | ||||||
3 | telefax, or other means available to the public body. A public | ||||||
4 | body may honor oral requests for inspection or copying. A | ||||||
5 | public body may not require that a request be submitted on a | ||||||
6 | standard form or require the requester to specify the purpose | ||||||
7 | for a request, except to determine whether the records are | ||||||
8 | requested for a commercial purpose or whether to grant a | ||||||
9 | request for a fee waiver. All requests for inspection and | ||||||
10 | copying received by a public body shall immediately be | ||||||
11 | forwarded to its Freedom of Information officer or designee. | ||||||
12 | (d) Each public body shall, promptly, either comply with | ||||||
13 | or deny a request for public records within 5 business days | ||||||
14 | after its receipt of the request, unless the time for response | ||||||
15 | is properly extended under subsection (e) of this Section. | ||||||
16 | Denial shall be in writing as provided in Section 9 of this | ||||||
17 | Act. Failure to comply with a written request, extend the time | ||||||
18 | for response, or deny a request within 5 business days after | ||||||
19 | its receipt shall be considered a denial of the request. A | ||||||
20 | public body that fails to respond to a request within the | ||||||
21 | requisite periods in this Section but thereafter provides the | ||||||
22 | requester with copies of the requested public records may not | ||||||
23 | impose a fee for such copies. A public body that fails to | ||||||
24 | respond to a request received may not treat the request as | ||||||
25 | unduly burdensome under subsection (g). | ||||||
26 | (e) The time for response under this Section may be |
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1 | extended by the public body for not more than 5 business days | ||||||
2 | from the original due date for any of the following reasons: | ||||||
3 | (i) the requested records are stored in whole or in | ||||||
4 | part at other locations than the office having charge of | ||||||
5 | the requested records; | ||||||
6 | (ii) the request requires the collection of a | ||||||
7 | substantial number of specified records; | ||||||
8 | (iii) the request is couched in categorical terms and | ||||||
9 | requires an extensive search for the records responsive to | ||||||
10 | it; | ||||||
11 | (iv) the requested records have not been located in | ||||||
12 | the course of routine search and additional efforts are | ||||||
13 | being made to locate them; | ||||||
14 | (v) the requested records require examination and | ||||||
15 | evaluation by personnel having the necessary competence | ||||||
16 | and discretion to determine if they are exempt from | ||||||
17 | disclosure under Section 7 of this Act or should be | ||||||
18 | revealed only with appropriate deletions; | ||||||
19 | (vi) the request for records cannot be complied with | ||||||
20 | by the public body within the time limits prescribed by | ||||||
21 | subsection (d) of this Section without unduly burdening or | ||||||
22 | interfering with the operations of the public body; | ||||||
23 | (vii) there is a need for consultation, which shall be | ||||||
24 | conducted with all practicable speed, with another public | ||||||
25 | body or among 2 or more components of a public body having | ||||||
26 | a substantial interest in the determination or in the |
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1 | subject matter of the request. | ||||||
2 | The person making a request and the public body may agree | ||||||
3 | in writing to extend the time for compliance for a period to be | ||||||
4 | determined by the parties. If the requester and the public | ||||||
5 | body agree to extend the period for compliance, a failure by | ||||||
6 | the public body to comply with any previous deadlines shall | ||||||
7 | not be treated as a denial of the request for the records. | ||||||
8 | (f) When additional time is required for any of the above | ||||||
9 | reasons, the public body shall, within 5 business days after | ||||||
10 | receipt of the request, notify the person making the request | ||||||
11 | of the reasons for the extension and the date by which the | ||||||
12 | response will be forthcoming. Failure to respond within the | ||||||
13 | time permitted for extension shall be considered a denial of | ||||||
14 | the request. A public body that fails to respond to a request | ||||||
15 | within the time permitted for extension but thereafter | ||||||
16 | provides the requester with copies of the requested public | ||||||
17 | records may not impose a fee for those copies. A public body | ||||||
18 | that requests an extension and subsequently fails to respond | ||||||
19 | to the request may not treat the request as unduly burdensome | ||||||
20 | under subsection (g). | ||||||
21 | (g) Requests calling for all records falling within a | ||||||
22 | category shall be complied with unless compliance with the | ||||||
23 | request would be unduly burdensome for the complying public | ||||||
24 | body and there is no way to narrow the request and the burden | ||||||
25 | on the public body outweighs the public interest in the | ||||||
26 | information. Before invoking this exemption, the public body |
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1 | shall extend to the person making the request an opportunity | ||||||
2 | to confer with it in an attempt to reduce the request to | ||||||
3 | manageable proportions. If any public body responds to a | ||||||
4 | categorical request by stating that compliance would unduly | ||||||
5 | burden its operation and the conditions described above are | ||||||
6 | met, it shall do so in writing, specifying the reasons why it | ||||||
7 | would be unduly burdensome and the extent to which compliance | ||||||
8 | will so burden the operations of the public body. Such a | ||||||
9 | response shall be treated as a denial of the request for | ||||||
10 | information. | ||||||
11 | Repeated requests from the same person for the same | ||||||
12 | records that are unchanged or identical to records previously | ||||||
13 | provided or properly denied under this Act shall be deemed | ||||||
14 | unduly burdensome under this provision. | ||||||
15 | (h) Each public body may promulgate rules and regulations | ||||||
16 | in conformity with the provisions of this Section pertaining | ||||||
17 | to the availability of records and procedures to be followed, | ||||||
18 | including: | ||||||
19 | (i) the times and places where such records will be | ||||||
20 | made available, and | ||||||
21 | (ii) the persons from whom such records may be | ||||||
22 | obtained. | ||||||
23 | (i) The time periods for compliance or denial of a request | ||||||
24 | to inspect or copy records set out in this Section shall not | ||||||
25 | apply to automated requests, requests for records made for a | ||||||
26 | commercial purpose, requests by a recurrent requester, or |
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1 | voluminous requests. Such requests shall be subject to the | ||||||
2 | provisions of Sections 3.1, 3.2, and 3.6 , and 3.7 of this Act, | ||||||
3 | as applicable. | ||||||
4 | (Source: P.A. 101-81, eff. 7-12-19.) | ||||||
5 | (5 ILCS 140/3.7 new) | ||||||
6 | Sec. 3.7. Automated requests. | ||||||
7 | (a) Notwithstanding any provision of this Act to the | ||||||
8 | contrary, a public body shall respond to an automated request | ||||||
9 | within 5 business days after receipt. The response shall | ||||||
10 | provide the requester: (i) notice that the public body is | ||||||
11 | treating the request as an automated request; (ii) notice of | ||||||
12 | the reasons why the public body is treating the request as an | ||||||
13 | automated request; (iii) notice that the requester must | ||||||
14 | respond to the public body within 10 business days after the | ||||||
15 | public body's response was sent and provide specific, | ||||||
16 | articulable reasons why the public body should not treat the | ||||||
17 | request as an automated request; (iv) notice that if the | ||||||
18 | requester does not respond within 10 business days, the public | ||||||
19 | body will respond to the request and assess any fees the public | ||||||
20 | body charges pursuant to Section 6 of this Act; (v) notice that | ||||||
21 | the public body has 5 business days after receipt of the | ||||||
22 | requester's response or 5 business days from the last day for | ||||||
23 | the requester to respond, whichever is sooner, to respond to | ||||||
24 | the request; (vi) notice that the public body may request an | ||||||
25 | additional 30 business days to comply with the request; (vii) |
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1 | notice of the requester's right to review of the public body's | ||||||
2 | determination by the Public Access Counselor and provide the | ||||||
3 | address and phone number for the Public Access Counselor; and | ||||||
4 | (viii) notice that if the requester fails to accept or collect | ||||||
5 | the responsive records, the public body may still charge the | ||||||
6 | requester for its response pursuant to Section 6 of this Act | ||||||
7 | and the requester's failure to pay will be considered a debt | ||||||
8 | due and owing to the public body and may be collected in | ||||||
9 | accordance with applicable law. | ||||||
10 | (b) A public body shall provide a person making an | ||||||
11 | automated request 10 business days from the date the public | ||||||
12 | body's response pursuant to subsection (a) of this Section is | ||||||
13 | sent to provide specific, articulable reasons why the public | ||||||
14 | body should not treat the request as an automated response. | ||||||
15 | (c) If a requester does not provide specific, articulable | ||||||
16 | reasons why the request should not be considered an automated | ||||||
17 | request under subsection (b) of this Section or the requester | ||||||
18 | fails to respond, the public body shall respond within the | ||||||
19 | earlier of 5 business days after it receives the response from | ||||||
20 | the requester or 5 business days after the final day for the | ||||||
21 | requester to respond to the public body's notification under | ||||||
22 | this subsection. The response shall: (i) provide an estimate | ||||||
23 | of the fees to be charged, which the public body may require | ||||||
24 | the person to pay in full before copying the requested | ||||||
25 | documents; (ii) deny the request pursuant to one or more of the | ||||||
26 | exemptions set out in this Act; (iii) notify the requester |
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1 | that the request is unduly burdensome and extend an | ||||||
2 | opportunity to the requester to attempt to reduce the request | ||||||
3 | to manageable proportions; or (iv) provide the records | ||||||
4 | requested. | ||||||
5 | (d) The time for response by the public body under | ||||||
6 | subsection (c) of this Section may be extended by the public | ||||||
7 | body for not more than 30 business days from the final day for | ||||||
8 | the requester to respond to the public body's notification | ||||||
9 | under subsection (c) of this Section for any of the reasons | ||||||
10 | provided in subsection (e) of Section 3 of this Act. The person | ||||||
11 | making a request and the public body may agree in writing to | ||||||
12 | extend the time for compliance for a period to be determined by | ||||||
13 | the parties. If the requester and the public body agree to | ||||||
14 | extend the period for compliance, a failure by the public body | ||||||
15 | to comply with any previous deadlines shall not be treated as a | ||||||
16 | denial of the request for the records. | ||||||
17 | (e) If a requester does not pay a fee charged pursuant to | ||||||
18 | Section 6 of this Act for an automated request, the debt shall | ||||||
19 | be considered a debt due and owing to the public body and may | ||||||
20 | be collected in accordance with applicable law. This fee may | ||||||
21 | be charged by the public body even if the requester fails to | ||||||
22 | accept or collect records the public body has prepared in | ||||||
23 | response to an automated request. | ||||||
24 | (5 ILCS 140/6) (from Ch. 116, par. 206) | ||||||
25 | Sec. 6. Authority to charge fees. |
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1 | (a) When a person requests a copy of a record maintained in | ||||||
2 | an electronic format, the public body shall furnish it in the | ||||||
3 | electronic format specified by the requester, if feasible. If | ||||||
4 | it is not feasible to furnish the public records in the | ||||||
5 | specified electronic format, then the public body shall | ||||||
6 | furnish it in the format in which it is maintained by the | ||||||
7 | public body, or in paper format at the option of the requester. | ||||||
8 | A public body may charge the requester for the actual cost of | ||||||
9 | purchasing the recording medium, whether disc, diskette, tape, | ||||||
10 | or other medium. If a request is not an automated request, a | ||||||
11 | request for a commercial purpose , or a voluminous request, a | ||||||
12 | public body may not charge the requester for the costs of any | ||||||
13 | search for and review of the records or other personnel costs | ||||||
14 | associated with reproducing the records. Except to the extent | ||||||
15 | that the General Assembly expressly provides, statutory fees | ||||||
16 | applicable to copies of public records when furnished in a | ||||||
17 | paper format shall not be applicable to those records when | ||||||
18 | furnished in an electronic format. | ||||||
19 | (a-5) If a voluminous request is for electronic records | ||||||
20 | and those records are not in a portable document format (PDF), | ||||||
21 | the public body may charge up to $20 for not more than 2 | ||||||
22 | megabytes of data, up to $40 for more than 2 but not more than | ||||||
23 | 4 megabytes of data, and up to $100 for more than 4 megabytes | ||||||
24 | of data. If a voluminous request is for electronic records and | ||||||
25 | those records are in a portable document format, the public | ||||||
26 | body may charge up to $20 for not more than 80 megabytes of |
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1 | data, up to $40 for more than 80 megabytes but not more than | ||||||
2 | 160 megabytes of data, and up to $100 for more than 160 | ||||||
3 | megabytes of data. If the responsive electronic records are in | ||||||
4 | both a portable document format and not in a portable document | ||||||
5 | format, the public body may separate the fees and charge the | ||||||
6 | requester under both fee scales. | ||||||
7 | If a public body imposes a fee pursuant to this subsection | ||||||
8 | (a-5), it must provide the requester with an accounting of all | ||||||
9 | fees, costs, and personnel hours in connection with the | ||||||
10 | request for public records. | ||||||
11 | (b) Except when a fee is otherwise fixed by statute, each | ||||||
12 | public body may charge fees reasonably calculated to reimburse | ||||||
13 | its actual cost for reproducing and certifying public records | ||||||
14 | and for the use, by any person, of the equipment of the public | ||||||
15 | body to copy records. No fees shall be charged for the first 50 | ||||||
16 | pages of black and white, letter or legal sized copies | ||||||
17 | requested by a requester. The fee for black and white, letter | ||||||
18 | or legal sized copies shall not exceed 15 cents per page. If a | ||||||
19 | public body provides copies in color or in a size other than | ||||||
20 | letter or legal, the public body may not charge more than its | ||||||
21 | actual cost for reproducing the records. In calculating its | ||||||
22 | actual cost for reproducing records or for the use of the | ||||||
23 | equipment of the public body to reproduce records, a public | ||||||
24 | body shall not include the costs of any search for and review | ||||||
25 | of the records or other personnel costs associated with | ||||||
26 | reproducing the records, except for commercial requests as |
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1 | provided in subsection (f) of this Section. Such fees shall be | ||||||
2 | imposed according to a standard scale of fees, established and | ||||||
3 | made public by the body imposing them. The cost for certifying | ||||||
4 | a record shall not exceed $1. | ||||||
5 | (c) Documents shall be furnished without charge or at a | ||||||
6 | reduced charge, as determined by the public body, if the | ||||||
7 | person requesting the documents states the specific purpose | ||||||
8 | for the request and indicates that a waiver or reduction of the | ||||||
9 | fee is in the public interest. Waiver or reduction of the fee | ||||||
10 | is in the public interest if the principal purpose of the | ||||||
11 | request is to access and disseminate information regarding the | ||||||
12 | health, safety and welfare or the legal rights of the general | ||||||
13 | public and is not for the principal purpose of personal or | ||||||
14 | commercial benefit. For purposes of this subsection, | ||||||
15 | "commercial benefit" shall not apply to requests made by news | ||||||
16 | media when the principal purpose of the request is to access | ||||||
17 | and disseminate information regarding the health, safety, and | ||||||
18 | welfare or the legal rights of the general public. In setting | ||||||
19 | the amount of the waiver or reduction, the public body may take | ||||||
20 | into consideration the amount of materials requested and the | ||||||
21 | cost of copying them. | ||||||
22 | (d) The imposition of a fee not consistent with | ||||||
23 | subsections (6)(a) and (b) of this Act constitutes a denial of | ||||||
24 | access to public records for the purposes of judicial review. | ||||||
25 | (e) The fee for each abstract of a driver's record shall be | ||||||
26 | as provided in Section 6-118 of "The Illinois Vehicle Code", |
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1 | approved September 29, 1969, as amended, whether furnished as | ||||||
2 | a paper copy or as an electronic copy. | ||||||
3 | (f) A public body may charge up to $10 for each hour spent | ||||||
4 | by personnel in searching for and retrieving a requested | ||||||
5 | record or examining the record for necessary redactions. No | ||||||
6 | fees shall be charged for the first 8 hours spent by personnel | ||||||
7 | in searching for or retrieving a requested record. A public | ||||||
8 | body may charge the actual cost of retrieving and transporting | ||||||
9 | public records from an off-site storage facility when the | ||||||
10 | public records are maintained by a third-party storage company | ||||||
11 | under contract with the public body. If a public body imposes a | ||||||
12 | fee pursuant to this subsection (f), it must provide the | ||||||
13 | requester with an accounting of all fees, costs, and personnel | ||||||
14 | hours in connection with the request for public records. The | ||||||
15 | provisions of this subsection (f) apply only to commercial | ||||||
16 | requests. | ||||||
17 | (Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.) | ||||||
18 | (5 ILCS 140/9.5) | ||||||
19 | Sec. 9.5. Public Access Counselor; opinions. | ||||||
20 | (a) A person whose request to inspect or copy a public | ||||||
21 | record is denied by a public body, except the General Assembly | ||||||
22 | and committees, commissions, and agencies thereof, may file a | ||||||
23 | request for review with the Public Access Counselor | ||||||
24 | established in the Office of the Attorney General not later | ||||||
25 | than 60 days after the date of the final denial. The request |
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1 | for review must be in writing, signed by the requester, and | ||||||
2 | include (i) a copy of the request for access to records and | ||||||
3 | (ii) any responses from the public body. | ||||||
4 | (b) A person whose request to inspect or copy a public | ||||||
5 | record is made for a commercial purpose as defined in | ||||||
6 | subsection (c-10) of Section 2 of this Act may not file a | ||||||
7 | request for review with the Public Access Counselor. A person | ||||||
8 | whose request to inspect or copy a public record was treated by | ||||||
9 | the public body as a request for a commercial purpose under | ||||||
10 | Section 3.1 of this Act may file a request for review with the | ||||||
11 | Public Access Counselor for the limited purpose of reviewing | ||||||
12 | whether the public body properly determined that the request | ||||||
13 | was made for a commercial purpose. | ||||||
14 | (b-5) A person whose request to inspect or copy a public | ||||||
15 | record was treated by a public body, except the General | ||||||
16 | Assembly and committees, commissions, and agencies thereof, as | ||||||
17 | a voluminous request under Section 3.6 of this Act may file a | ||||||
18 | request for review with the Public Access Counselor for the | ||||||
19 | purpose of reviewing whether the public body properly | ||||||
20 | determined that the request was a voluminous request. | ||||||
21 | (b-10) A person whose request to inspect or copy a public | ||||||
22 | record is treated as an automated request 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 | a public body, except the General Assembly and committees, | ||||||
26 | commissions, and agencies thereof, as an automated request |
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1 | under Section 3.7 of this Act may file a request for review | ||||||
2 | with the Public Access Counselor for the limited purpose of | ||||||
3 | reviewing whether the public body properly determined that the | ||||||
4 | request was an automated request. | ||||||
5 | (c) Upon receipt of a request for review, the Public | ||||||
6 | Access Counselor shall determine whether further action is | ||||||
7 | warranted. If the Public Access Counselor determines that the | ||||||
8 | alleged violation is unfounded, he or she shall so advise the | ||||||
9 | requester and the public body and no further action shall be | ||||||
10 | undertaken. In all other cases, the Public Access Counselor | ||||||
11 | shall forward a copy of the request for review to the public | ||||||
12 | body within 7 business days after receipt and shall specify | ||||||
13 | the records or other documents that the public body shall | ||||||
14 | furnish to facilitate the review. Within 7 business days after | ||||||
15 | receipt of the request for review, the public body shall | ||||||
16 | provide copies of records requested and shall otherwise fully | ||||||
17 | cooperate with the Public Access Counselor. If a public body | ||||||
18 | fails to furnish specified records pursuant to this Section, | ||||||
19 | or if otherwise necessary, the Attorney General may issue a | ||||||
20 | subpoena to any person or public body having knowledge of or | ||||||
21 | records pertaining to a request for review of a denial of | ||||||
22 | access to records under the Act. Records or documents obtained | ||||||
23 | by the Public Access Counselor from a public body for the | ||||||
24 | purpose of addressing a request for review under this Section | ||||||
25 | may not be disclosed to the public, including the requester, | ||||||
26 | by the Public Access Counselor. These records, while in the |
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1 | possession of the Public Access Counselor, are exempt under | ||||||
2 | this Act from disclosure by the Public Access Counselor. | ||||||
3 | (d) Within 7 business days after it receives a copy of a | ||||||
4 | request for review and request for production of records from | ||||||
5 | the Public Access Counselor, the public body may, but is not | ||||||
6 | required to, answer the allegations of the request for review. | ||||||
7 | The answer may take the form of a letter, brief, or memorandum. | ||||||
8 | The Public Access Counselor shall forward a copy of the answer | ||||||
9 | to the person submitting the request for review, with any | ||||||
10 | alleged confidential information to which the request pertains | ||||||
11 | redacted from the copy. The requester may, but is not required | ||||||
12 | to, respond in writing to the answer within 7 business days and | ||||||
13 | shall provide a copy of the response to the public body. | ||||||
14 | (e) In addition to the request for review, and the answer | ||||||
15 | and the response thereto, if any, a requester or a public body | ||||||
16 | may furnish affidavits or records concerning any matter | ||||||
17 | germane to the review. | ||||||
18 | (f) Unless the Public Access Counselor extends the time by | ||||||
19 | no more than 30 business days by sending written notice to the | ||||||
20 | requester and the public body that includes a statement of the | ||||||
21 | reasons for the extension in the notice, or decides to address | ||||||
22 | the matter without the issuance of a binding opinion, the | ||||||
23 | Attorney General shall examine the issues and the records, | ||||||
24 | shall make findings of fact and conclusions of law, and shall | ||||||
25 | issue to the requester and the public body an opinion in | ||||||
26 | response to the request for review within 60 days after its |
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1 | receipt. The opinion shall be binding upon both the requester | ||||||
2 | and the public body, subject to administrative review under | ||||||
3 | Section 11.5. | ||||||
4 | In responding to any request under this Section 9.5, the | ||||||
5 | Attorney General may exercise his or her discretion and choose | ||||||
6 | to resolve a request for review by mediation or by a means | ||||||
7 | other than the issuance of a binding opinion. The decision not | ||||||
8 | to issue a binding opinion shall not be reviewable. | ||||||
9 | Upon receipt of a binding opinion concluding that a | ||||||
10 | violation of this Act has occurred, the public body shall | ||||||
11 | either take necessary action immediately to comply with the | ||||||
12 | directive of the opinion or shall initiate administrative | ||||||
13 | review under Section 11.5. If the opinion concludes that no | ||||||
14 | violation of the Act has occurred, the requester may initiate | ||||||
15 | administrative review under Section 11.5. | ||||||
16 | A public body that discloses records in accordance with an | ||||||
17 | opinion of the Attorney General is immune from all liabilities | ||||||
18 | by reason thereof and shall not be liable for penalties under | ||||||
19 | this Act. | ||||||
20 | (g) If the requester files suit under Section 11 with | ||||||
21 | respect to the same denial that is the subject of a pending | ||||||
22 | request for review, the requester shall notify the Public | ||||||
23 | Access Counselor, and the Public Access Counselor shall take | ||||||
24 | no further action with respect to the request for review and | ||||||
25 | shall so notify the public body. | ||||||
26 | (h) The Attorney General may also issue advisory opinions |
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1 | to public bodies regarding compliance with this Act. A review | ||||||
2 | may be initiated upon receipt of a written request from the | ||||||
3 | head of the public body or its attorney, which shall contain | ||||||
4 | sufficient accurate facts from which a determination can be | ||||||
5 | made. The Public Access Counselor may request additional | ||||||
6 | information from the public body in order to assist in the | ||||||
7 | review. A public body that relies in good faith on an advisory | ||||||
8 | opinion of the Attorney General in responding to a request is | ||||||
9 | not liable for penalties under this Act, so long as the facts | ||||||
10 | upon which the opinion is based have been fully and fairly | ||||||
11 | disclosed to the Public Access Counselor. | ||||||
12 | (Source: P.A. 103-69, eff. 1-1-24 .) |