Illinois General Assembly - Full Text of HB3796
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Full Text of HB3796  98th General Assembly

HB3796enr 98TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Sections 2, 3, 6, and 9.5 and by adding Sections 3.6
6and 8.5 as 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,
10administrative, or advisory bodies of the State, state
11universities and colleges, counties, townships, cities,
12villages, incorporated towns, school districts and all other
13municipal corporations, boards, bureaus, committees, or
14commissions of this State, any subsidiary bodies of any of the
15foregoing including but not limited to committees and
16subcommittees thereof, and a School Finance Authority created
17under Article 1E of the School Code. "Public body" does not
18include a child death review team or the Illinois Child Death
19Review Teams Executive Council established under the Child
20Death Review Team Act.
21    (b) "Person" means any individual, corporation,
22partnership, firm, organization or association, acting
23individually or as a group.

 

 

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1    (c) "Public records" means all records, reports, forms,
2writings, letters, memoranda, books, papers, maps,
3photographs, microfilms, cards, tapes, recordings, electronic
4data processing records, electronic communications, recorded
5information and all other documentary materials pertaining to
6the transaction of public business, regardless of physical form
7or characteristics, having been prepared by or for, or having
8been or being used by, received by, in the possession of, or
9under the control of any public body.
10    (c-5) "Private information" means unique identifiers,
11including a person's social security number, driver's license
12number, employee identification number, biometric identifiers,
13personal financial information, passwords or other access
14codes, medical records, home or personal telephone numbers, and
15personal email addresses. Private information also includes
16home address and personal license plates, except as otherwise
17provided by law or when compiled without possibility of
18attribution to any person.
19    (c-10) "Commercial purpose" means the use of any part of a
20public record or records, or information derived from public
21records, in any form for sale, resale, or solicitation or
22advertisement for sales or services. For purposes of this
23definition, requests made by news media and non-profit,
24scientific, or academic organizations shall not be considered
25to be made for a "commercial purpose" when the principal
26purpose of the request is (i) to access and disseminate

 

 

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1information concerning news and current or passing events, (ii)
2for articles of opinion or features of interest to the public,
3or (iii) for the purpose of academic, scientific, or public
4research or education.
5    (d) "Copying" means the reproduction of any public record
6by means of any photographic, electronic, mechanical or other
7process, device or means now known or hereafter developed and
8available to the public body.
9    (e) "Head of the public body" means the president, mayor,
10chairman, presiding officer, director, superintendent,
11manager, supervisor or individual otherwise holding primary
12executive and administrative authority for the public body, or
13such person's duly authorized designee.
14    (f) "News media" means a newspaper or other periodical
15issued at regular intervals whether in print or electronic
16format, a news service whether in print or electronic format, a
17radio station, a television station, a television network, a
18community antenna television service, or a person or
19corporation engaged in making news reels or other motion
20picture news for public showing.
21    (g) "Recurrent requester", as used in Section 3.2 of this
22Act, means a person that, in the 12 months immediately
23preceding the request, has submitted to the same public body
24(i) a minimum of 50 requests for records, (ii) a minimum of 15
25requests for records within a 30-day period, or (iii) a minimum
26of 7 requests for records within a 7-day period. For purposes

 

 

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1of this definition, requests made by news media and non-profit,
2scientific, or academic organizations shall not be considered
3in calculating the number of requests made in the time periods
4in this definition when the principal purpose of the requests
5is (i) to access and disseminate information concerning news
6and current or passing events, (ii) for articles of opinion or
7features of interest to the public, or (iii) for the purpose of
8academic, scientific, or public research or education.
9    For the purposes of this subsection (g), "request" means a
10written document (or oral request, if the public body chooses
11to honor oral requests) that is submitted to a public body via
12personal delivery, mail, telefax, electronic mail, or other
13means available to the public body and that identifies the
14particular public record the requester seeks. One request may
15identify multiple records to be inspected or copied.
16    (h) "Voluminous request" means a request that: (i) includes
17more than 5 individual requests for more than 5 different
18categories of records or a combination of individual requests
19that total requests for more than 5 different categories of
20records in a period of 20 business days; or (ii) requires the
21compilation of more than 500 letter or legal-sized pages of
22public records unless a single requested record exceeds 500
23pages. "Single requested record" may include, but is not
24limited to, one report, form, e-mail, letter, memorandum, book,
25map, microfilm, tape, or recording.
26    "Voluminous request" does not include a request made by

 

 

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1news media and non-profit, scientific, or academic
2organizations if the principal purpose of the request is: (1)
3to access and disseminate information concerning news and
4current or passing events; (2) for articles of opinion or
5features of interest to the public; or (3) for the purpose of
6academic, scientific, or public research or education.
7    For the purposes of this subsection (h), "request" means a
8written document, or oral request, if the public body chooses
9to honor oral requests, that is submitted to a public body via
10personal delivery, mail, telefax, electronic mail, or other
11means available to the public body and that identifies the
12particular public record or records the requester seeks. One
13request may identify multiple individual records to be
14inspected or copied.
15(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
1696-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
 
17    (5 ILCS 140/3)  (from Ch. 116, par. 203)
18    Sec. 3. (a) Each public body shall make available to any
19person for inspection or copying all public records, except as
20otherwise provided in Sections Section 7 and 8.5 of this Act.
21Notwithstanding any other law, a public body may not grant to
22any person or entity, whether by contract, license, or
23otherwise, the exclusive right to access and disseminate any
24public record as defined in this Act.
25    (b) Subject to the fee provisions of Section 6 of this Act,

 

 

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1each public body shall promptly provide, to any person who
2submits a request, a copy of any public record required to be
3disclosed by subsection (a) of this Section and shall certify
4such copy if so requested.
5    (c) Requests for inspection or copies shall be made in
6writing and directed to the public body. Written requests may
7be submitted to a public body via personal delivery, mail,
8telefax, or other means available to the public body. A public
9body may honor oral requests for inspection or copying. A
10public body may not require that a request be submitted on a
11standard form or require the requester to specify the purpose
12for a request, except to determine whether the records are
13requested for a commercial purpose or whether to grant a
14request for a fee waiver. All requests for inspection and
15copying received by a public body shall immediately be
16forwarded to its Freedom of Information officer or designee.
17    (d) Each public body shall, promptly, either comply with or
18deny a request for public records within 5 business days after
19its receipt of the request, unless the time for response is
20properly extended under subsection (e) of this Section. Denial
21shall be in writing as provided in Section 9 of this Act.
22Failure to comply with a written request, extend the time for
23response, or deny a request within 5 business days after its
24receipt shall be considered a denial of the request. A public
25body that fails to respond to a request within the requisite
26periods in this Section but thereafter provides the requester

 

 

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1with copies of the requested public records may not impose a
2fee for such copies. A public body that fails to respond to a
3request received may not treat the request as unduly burdensome
4under subsection (g).
5    (e) The time for response under this Section may be
6extended by the public body for not more than 5 business days
7from the original due date for any of the following reasons:
8        (i) the requested records are stored in whole or in
9    part at other locations than the office having charge of
10    the requested records;
11        (ii) the request requires the collection of a
12    substantial number of specified records;
13        (iii) the request is couched in categorical terms and
14    requires an extensive search for the records responsive to
15    it;
16        (iv) the requested records have not been located in the
17    course of routine search and additional efforts are being
18    made to locate them;
19        (v) the requested records require examination and
20    evaluation by personnel having the necessary competence
21    and discretion to determine if they are exempt from
22    disclosure under Section 7 of this Act or should be
23    revealed only with appropriate deletions;
24        (vi) the request for records cannot be complied with by
25    the public body within the time limits prescribed by
26    paragraph (c) of this Section without unduly burdening or

 

 

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1    interfering with the operations of the public body;
2        (vii) there is a need for consultation, which shall be
3    conducted with all practicable speed, with another public
4    body or among two or more components of a public body
5    having a substantial interest in the determination or in
6    the subject matter of the request.
7    The person making a request and the public body may agree
8in writing to extend the time for compliance for a period to be
9determined by the parties. If the requester and the public body
10agree to extend the period for compliance, a failure by the
11public body to comply with any previous deadlines shall not be
12treated as a denial of the request for the records.
13    (f) When additional time is required for any of the above
14reasons, the public body shall, within 5 business days after
15receipt of the request, notify the person making the request of
16the reasons for the extension and the date by which the
17response will be forthcoming. Failure to respond within the
18time permitted for extension shall be considered a denial of
19the request. A public body that fails to respond to a request
20within the time permitted for extension but thereafter provides
21the requester with copies of the requested public records may
22not impose a fee for those copies. A public body that requests
23an extension and subsequently fails to respond to the request
24may not treat the request as unduly burdensome under subsection
25(g).
26    (g) Requests calling for all records falling within a

 

 

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1category shall be complied with unless compliance with the
2request would be unduly burdensome for the complying public
3body and there is no way to narrow the request and the burden
4on the public body outweighs the public interest in the
5information. Before invoking this exemption, the public body
6shall extend to the person making the request an opportunity to
7confer with it in an attempt to reduce the request to
8manageable proportions. If any public body responds to a
9categorical request by stating that compliance would unduly
10burden its operation and the conditions described above are
11met, it shall do so in writing, specifying the reasons why it
12would be unduly burdensome and the extent to which compliance
13will so burden the operations of the public body. Such a
14response shall be treated as a denial of the request for
15information.
16    Repeated requests from the same person for the same records
17that are unchanged or identical to records previously provided
18or properly denied under this Act shall be deemed unduly
19burdensome under this provision.
20    (h) Each public body may promulgate rules and regulations
21in conformity with the provisions of this Section pertaining to
22the availability of records and procedures to be followed,
23including:
24        (i) the times and places where such records will be
25    made available, and
26        (ii) the persons from whom such records may be

 

 

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1    obtained.
2    (i) The time periods for compliance or denial of a request
3to inspect or copy records set out in this Section shall not
4apply to requests for records made for a commercial purpose,
5requests by a recurrent requester, or voluminous requests. Such
6requests shall be subject to the provisions of Sections Section
73.1, 3.2, and 3.6 of this Act, as applicable.
8(Source: P.A. 96-542, eff. 1-1-10.)
 
9    (5 ILCS 140/3.6 new)
10    Sec. 3.6. Voluminous requests.
11    (a) Notwithstanding any provision of this Act to the
12contrary, a public body shall respond to a voluminous request
13within 5 business days after receipt. The response shall notify
14the requester: (i) that the public body is treating the request
15as a voluminous request; (ii) the reasons why the public body
16is treating the request as a voluminous request; (iii) that the
17requester must respond to the public body within 10 business
18days after the public body's response was sent and specify
19whether the requester would like to amend the request in such a
20way that the public body will no longer treat the request as a
21voluminous request; (iv) that if the requester does not respond
22within 10 business days or if the request continues to be a
23voluminous request following the requester's response, the
24public body will respond to the request and assess any fees the
25public body charges pursuant to Section 6 of this Act; (v) that

 

 

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1the public body has 5 business days after receipt of the
2requester's response or 5 business days from the last day for
3the requester to amend his or her request, whichever is sooner,
4to respond to the request; (vi) that the public body may
5request an additional 10 business days to comply with the
6request; (vii) of the requester's right to review of the public
7body's determination by the Public Access Counselor and provide
8the address and phone number for the Public Access Counselor;
9and (viii) that if the requester fails to accept or collect the
10responsive records, the public body may still charge the
11requester for its response pursuant to Section 6 of this Act
12and the requester's failure to pay will be considered a debt
13due and owing to the public body and may be collected in
14accordance with applicable law.
15    (b) A public body shall provide a person making a
16voluminous request 10 business days from the date the public
17body's response pursuant to subsection (a) of this Section is
18sent to amend the request in such a way that the public body
19will no longer treat the request as a voluminous request.
20    (c) If a request continues to be a voluminous request
21following the requester's response under subsection (b) of this
22Section or the requester fails to respond, the public body
23shall respond within the earlier of 5 business days after it
24receives the response from the requester or 5 business days
25after the final day for the requester to respond to the public
26body's notification under this subsection. The response shall:

 

 

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1(i) provide an estimate of the fees to be charged, which the
2public body may require the person to pay in full before
3copying the requested documents; (ii) deny the request pursuant
4to one or more of the exemptions set out in this Act; (iii)
5notify the requester that the request is unduly burdensome and
6extend an opportunity to the requester to attempt to reduce the
7request to manageable proportions; or (iv) provide the records
8requested.
9    (d) The time for response by the public body under
10subsection (c) of this Section may be extended by the public
11body for not more than 10 business days from the final day for
12the requester to respond to the public body's notification
13under subsection (c) of this Section for any of the reasons
14provided in subsection (e) of Section 3 of this Act.
15    The person making a request and the public body may agree
16in writing to extend the time for compliance for a period to be
17determined by the parties. If the requester and the public body
18agree to extend the period for compliance, a failure by the
19public body to comply with any previous deadlines shall not be
20treated as a denial of the request for the records.
21    (e) If a requester does not pay a fee charged pursuant to
22Section 6 of this Act for a voluminous request, the debt shall
23be considered a debt due and owing to the public body and may
24be collected in accordance with applicable law. This fee may be
25charged by the public body even if the requester fails to
26accept or collect records the public body has prepared in

 

 

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1response to a voluminous request.
 
2    (5 ILCS 140/6)  (from Ch. 116, par. 206)
3    Sec. 6. Authority to charge fees.
4    (a) When a person requests a copy of a record maintained in
5an electronic format, the public body shall furnish it in the
6electronic format specified by the requester, if feasible. If
7it is not feasible to furnish the public records in the
8specified electronic format, then the public body shall furnish
9it in the format in which it is maintained by the public body,
10or in paper format at the option of the requester. A public
11body may charge the requester for the actual cost of purchasing
12the recording medium, whether disc, diskette, tape, or other
13medium. If a request is not a request for a commercial purpose
14or a voluminous request, a A public body may not charge the
15requester for the costs of any search for and review of the
16records or other personnel costs associated with reproducing
17the records, except for commercial requests as provided in
18subsection (f) of this Section. Except to the extent that the
19General Assembly expressly provides, statutory fees applicable
20to copies of public records when furnished in a paper format
21shall not be applicable to those records when furnished in an
22electronic format.
23    (a-5) If a voluminous request is for electronic records and
24those records are not in a portable document format (PDF), the
25public body may charge up to $20 for not more than 2 megabytes

 

 

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1of data, up to $40 for more than 2 but not more than 4 megabytes
2of data, and up to $100 for more than 4 megabytes of data. If a
3voluminous request is for electronic records and those records
4are in a portable document format, the public body may charge
5up to $20 for not more than 80 megabytes of data, up to $40 for
6more than 80 megabytes but not more than 160 megabytes of data,
7and up to $100 for more than 160 megabytes of data. If the
8responsive electronic records are in both a portable document
9format and not in a portable document format, the public body
10may separate the fees and charge the requester under both fee
11scales.
12    If a public body imposes a fee pursuant to this subsection
13(a-5), it must provide the requester with an accounting of all
14fees, costs, and personnel hours in connection with the request
15for public records.
16    (b) Except when a fee is otherwise fixed by statute, each
17public body may charge fees reasonably calculated to reimburse
18its actual cost for reproducing and certifying public records
19and for the use, by any person, of the equipment of the public
20body to copy records. No fees shall be charged for the first 50
21pages of black and white, letter or legal sized copies
22requested by a requester. The fee for black and white, letter
23or legal sized copies shall not exceed 15 cents per page. If a
24public body provides copies in color or in a size other than
25letter or legal, the public body may not charge more than its
26actual cost for reproducing the records. In calculating its

 

 

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1actual cost for reproducing records or for the use of the
2equipment of the public body to reproduce records, a public
3body shall not include the costs of any search for and review
4of the records or other personnel costs associated with
5reproducing the records, except for commercial requests as
6provided in subsection (f) of this Section. Such fees shall be
7imposed according to a standard scale of fees, established and
8made public by the body imposing them. The cost for certifying
9a record shall not exceed $1.
10    (c) Documents shall be furnished without charge or at a
11reduced charge, as determined by the public body, if the person
12requesting the documents states the specific purpose for the
13request and indicates that a waiver or reduction of the fee is
14in the public interest. Waiver or reduction of the fee is in
15the public interest if the principal purpose of the request is
16to access and disseminate information regarding the health,
17safety and welfare or the legal rights of the general public
18and is not for the principal purpose of personal or commercial
19benefit. For purposes of this subsection, "commercial benefit"
20shall not apply to requests made by news media when the
21principal purpose of the request is to access and disseminate
22information regarding the health, safety, and welfare or the
23legal rights of the general public. In setting the amount of
24the waiver or reduction, the public body may take into
25consideration the amount of materials requested and the cost of
26copying them.

 

 

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1    (d) The imposition of a fee not consistent with subsections
2(6)(a) and (b) of this Act constitutes a denial of access to
3public records for the purposes of judicial review.
4    (e) The fee for each abstract of a driver's record shall be
5as provided in Section 6-118 of "The Illinois Vehicle Code",
6approved September 29, 1969, as amended, whether furnished as a
7paper copy or as an electronic copy.
8    (f) A public body may charge up to $10 for each hour spent
9by personnel in searching for and retrieving a requested record
10or examining the record for necessary redactions. No fees shall
11be charged for the first 8 hours spent by personnel in
12searching for or retrieving a requested record. A public body
13may charge the actual cost of retrieving and transporting
14public records from an off-site storage facility when the
15public records are maintained by a third-party storage company
16under contract with the public body. If a public body imposes a
17fee pursuant to this subsection (f), it must provide the
18requester with an accounting of all fees, costs, and personnel
19hours in connection with the request for public records. The
20provisions of this subsection (f) apply only to commercial
21requests.
22(Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10;
2397-579, eff. 8-26-11.)
 
24    (5 ILCS 140/8.5 new)
25    Sec. 8.5. Records maintained online.

 

 

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1    (a) Notwithstanding any provision of this Act to the
2contrary, a public body is not required to copy a public record
3that is published on the public body's website. The public body
4shall notify the requester that the public record is available
5online and direct the requester to the website where the record
6can be reasonably accessed.
7    (b) If the person requesting the public record is unable to
8reasonably access the record online after being directed to the
9website pursuant to subsection (a) of this Section, the
10requester may re-submit his or her request for the record
11stating his or her inability to reasonably access the record
12online, and the public body shall make the requested record
13available for inspection or copying as provided in Section 3 of
14this Act.
 
15    (5 ILCS 140/9.5)
16    Sec. 9.5. Public Access Counselor; opinions.
17    (a) A person whose request to inspect or copy a public
18record is denied by a public body, except the General Assembly
19and committees, commissions, and agencies thereof, may file a
20request for review with the Public Access Counselor established
21in the Office of the Attorney General not later than 60 days
22after the date of the final denial. The request for review must
23be in writing, signed by the requester, and include (i) a copy
24of the request for access to records and (ii) any responses
25from the public body.

 

 

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1    (b) A person whose request to inspect or copy a public
2record is made for a commercial purpose as defined in
3subsection (c-10) of Section 2 of this Act may not file a
4request for review with the Public Access Counselor. A person
5whose request to inspect or copy a public record was treated by
6the public body as a request for a commercial purpose under
7Section 3.1 of this Act may file a request for review with the
8Public Access Counselor for the limited purpose of reviewing
9whether the public body properly determined that the request
10was made for a commercial purpose.
11    (b-5) A person whose request to inspect or copy a public
12record was treated by a public body, except the General
13Assembly and committees, commissions, and agencies thereof, as
14a voluminous request under Section 3.6 of this Act may file a
15request for review with the Public Access Counselor for the
16purpose of reviewing whether the public body properly
17determined that the request was a voluminous request.
18    (c) Upon receipt of a request for review, the Public Access
19Counselor shall determine whether further action is warranted.
20If the Public Access Counselor determines that the alleged
21violation is unfounded, he or she shall so advise the requester
22and the public body and no further action shall be undertaken.
23In all other cases, the Public Access Counselor shall forward a
24copy of the request for review to the public body within 7
25business days after receipt and shall specify the records or
26other documents that the public body shall furnish to

 

 

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1facilitate the review. Within 7 business days after receipt of
2the request for review, the public body shall provide copies of
3records requested and shall otherwise fully cooperate with the
4Public Access Counselor. If a public body fails to furnish
5specified records pursuant to this Section, or if otherwise
6necessary, the Attorney General may issue a subpoena to any
7person or public body having knowledge of or records pertaining
8to a request for review of a denial of access to records under
9the Act. To the extent that records or documents produced by a
10public body contain information that is claimed to be exempt
11from disclosure under Section 7 of this Act, the Public Access
12Counselor shall not further disclose that information.
13    (d) Within 7 business days after it receives a copy of a
14request for review and request for production of records from
15the Public Access Counselor, the public body may, but is not
16required to, answer the allegations of the request for review.
17The answer may take the form of a letter, brief, or memorandum.
18The Public Access Counselor shall forward a copy of the answer
19to the person submitting the request for review, with any
20alleged confidential information to which the request pertains
21redacted from the copy. The requester may, but is not required
22to, respond in writing to the answer within 7 business days and
23shall provide a copy of the response to the public body.
24    (e) In addition to the request for review, and the answer
25and the response thereto, if any, a requester or a public body
26may furnish affidavits or records concerning any matter germane

 

 

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1to the review.
2    (f) Unless the Public Access Counselor extends the time by
3no more than 30 business days by sending written notice to the
4requester and the public body that includes a statement of the
5reasons for the extension in the notice, or decides to address
6the matter without the issuance of a binding opinion, the
7Attorney General shall examine the issues and the records,
8shall make findings of fact and conclusions of law, and shall
9issue to the requester and the public body an opinion in
10response to the request for review within 60 days after its
11receipt. The opinion shall be binding upon both the requester
12and the public body, subject to administrative review under
13Section 11.5.
14    In responding to any request under this Section 9.5, the
15Attorney General may exercise his or her discretion and choose
16to resolve a request for review by mediation or by a means
17other than the issuance of a binding opinion. The decision not
18to issue a binding opinion shall not be reviewable.
19    Upon receipt of a binding opinion concluding that a
20violation of this Act has occurred, the public body shall
21either take necessary action immediately to comply with the
22directive of the opinion or shall initiate administrative
23review under Section 11.5. If the opinion concludes that no
24violation of the Act has occurred, the requester may initiate
25administrative review under Section 11.5.
26    A public body that discloses records in accordance with an

 

 

HB3796 Enrolled- 21 -LRB098 15774 OMW 50806 b

1opinion of the Attorney General is immune from all liabilities
2by reason thereof and shall not be liable for penalties under
3this Act.
4    (g) If the requester files suit under Section 11 with
5respect to the same denial that is the subject of a pending
6request for review, the requester shall notify the Public
7Access Counselor, and the Public Access Counselor shall take no
8further action with respect to the request for review and shall
9so notify the public body.
10    (h) The Attorney General may also issue advisory opinions
11to public bodies regarding compliance with this Act. A review
12may be initiated upon receipt of a written request from the
13head of the public body or its attorney, which shall contain
14sufficient accurate facts from which a determination can be
15made. The Public Access Counselor may request additional
16information from the public body in order to assist in the
17review. A public body that relies in good faith on an advisory
18opinion of the Attorney General in responding to a request is
19not liable for penalties under this Act, so long as the facts
20upon which the opinion is based have been fully and fairly
21disclosed to the Public Access Counselor.
22(Source: P.A. 96-542, eff. 1-1-10; 97-579, eff. 8-26-11.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.