Full Text of HB4715 99th General Assembly
HB4715ham003 99TH GENERAL ASSEMBLY | Rep. Terri Bryant Filed: 4/15/2016
| | 09900HB4715ham003 | | LRB099 17902 HEP 47557 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4715
| 2 | | AMENDMENT NO. ______. Amend House Bill 4715, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Freedom of Information Act is amended by | 6 | | changing Section 11 as follows:
| 7 | | (5 ILCS 140/11) (from Ch. 116, par. 211)
| 8 | | Sec. 11.
(a) Any person denied access to inspect or copy | 9 | | any public
record by a public body
may file suit for injunctive | 10 | | or
declaratory relief.
| 11 | | (b) Where the denial is from a public body of the State, | 12 | | suit
may be filed in the circuit court for the county where the | 13 | | public body has
its principal office or where the person denied | 14 | | access resides.
| 15 | | (c) Where the denial is from a municipality or other public
| 16 | | body, except as provided in subsection (b) of this Section, |
| | | 09900HB4715ham003 | - 2 - | LRB099 17902 HEP 47557 a |
|
| 1 | | suit may be filed
in the circuit court for the county where the | 2 | | public body is located.
| 3 | | (d) The circuit court shall have the jurisdiction to enjoin | 4 | | the public
body from withholding public records and to order | 5 | | the production of any
public records improperly withheld from | 6 | | the person seeking access. If the
public body can show that | 7 | | exceptional circumstances exist, and that the
body is | 8 | | exercising due diligence in responding to the request, the | 9 | | court
may retain jurisdiction and allow the agency additional | 10 | | time to complete
its review of the records.
| 11 | | (e) On motion of the plaintiff, prior to or after in camera
| 12 | | inspection, the court shall order the public body
to provide an | 13 | | index of the records to which access has been denied. The
index | 14 | | shall include the following:
| 15 | | (i) A description of the nature or contents of each | 16 | | document
withheld, or each deletion from a released | 17 | | document, provided, however,
that the public body shall not | 18 | | be required to disclose the information
which it asserts is | 19 | | exempt; and
| 20 | | (ii) A statement of the exemption or exemptions claimed | 21 | | for each such
deletion or withheld document.
| 22 | | (f) In any action considered by the court, the court shall | 23 | | consider the
matter de novo, and shall conduct such in camera | 24 | | examination of the requested
records as it finds appropriate to | 25 | | determine if such records or any part
thereof may be withheld | 26 | | under any provision of this Act. The burden shall
be on the |
| | | 09900HB4715ham003 | - 3 - | LRB099 17902 HEP 47557 a |
|
| 1 | | public body to establish that its refusal to permit public | 2 | | inspection
or copying is in accordance with the provisions of | 3 | | this Act. Any public body that asserts that a record is exempt | 4 | | from disclosure has the burden of proving that it is exempt by | 5 | | clear and convincing evidence.
| 6 | | (g) In the event of noncompliance with an order of the | 7 | | court to disclose,
the court may enforce its order against any | 8 | | public official or employee
so ordered or primarily responsible | 9 | | for such noncompliance through the court's
contempt powers.
| 10 | | (h) Except as to causes the court considers to be of | 11 | | greater importance,
proceedings arising under this Section | 12 | | shall take precedence on the docket
over all other causes and | 13 | | be assigned for hearing and trial at the earliest
practicable | 14 | | date and expedited in every way.
| 15 | | (i) If a person seeking the right to inspect or receive a | 16 | | copy of a public
record prevails in a
proceeding under this | 17 | | Section, the court shall award such
person reasonable | 18 | | attorney's attorneys' fees and costs. In determining what | 19 | | amount of attorney's fees is reasonable, the court shall | 20 | | consider the degree to which the relief obtained relates to the | 21 | | relief sought. The changes contained in this subsection apply | 22 | | to an action filed on or after January 1, 2010 ( the effective | 23 | | date of Public Act 96-542) this amendatory Act of the 96th | 24 | | General Assembly .
| 25 | | (j) If the court determines that a public body willfully | 26 | | and intentionally failed to comply with this Act, or otherwise |
| | | 09900HB4715ham003 | - 4 - | LRB099 17902 HEP 47557 a |
|
| 1 | | acted in bad faith, the court shall also impose upon the public | 2 | | body a civil penalty of not less than $2,500 nor more than | 3 | | $10,000 $5,000 for each occurrence. In assessing the civil | 4 | | penalty, the court shall consider in aggravation or mitigation | 5 | | the budget of the public body and whether the public body has | 6 | | previously been assessed penalties for violations of this Act. | 7 | | If the public body fails to comply with the court's order after | 8 | | 30 days and the court's order is not on appeal or stayed, the | 9 | | court may impose an additional penalty of up to $1,000 for each | 10 | | day the violation continues. The changes contained in this | 11 | | subsection that are made by Public Act 96-542 apply to an | 12 | | action filed on or after January 1, 2010 ( the effective date of | 13 | | Public Act 96-542) this amendatory Act of the 96th General | 14 | | Assembly . | 15 | | (Source: P.A. 96-542, eff. 1-1-10; 97-813, eff. 7-13-12; | 16 | | revised 10-14-15.)".
|
|