Full Text of SB0325 103rd General Assembly
SB0325enr 103RD GENERAL ASSEMBLY |
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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 Section 9.5 as follows: | 6 | | (5 ILCS 140/9.5) | 7 | | Sec. 9.5. Public Access Counselor; opinions. | 8 | | (a) A person whose request to inspect or copy a public | 9 | | record is denied by a public body, except the General Assembly | 10 | | and committees, commissions, and agencies thereof, may file a | 11 | | request for review with the Public Access Counselor | 12 | | established in the Office of the Attorney General not later | 13 | | than 60 days after the date of the final denial. The request | 14 | | for review must be in writing, signed by the requester, and | 15 | | include (i) a copy of the request for access to records and | 16 | | (ii) any responses from the public body. | 17 | | (b) A person whose request to inspect or copy a public | 18 | | record is made for a commercial purpose as defined in | 19 | | subsection (c-10) of Section 2 of this Act may not file a | 20 | | request for review with the Public Access Counselor. A person | 21 | | whose request to inspect or copy a public record was treated by | 22 | | the public body as a request for a commercial purpose under | 23 | | Section 3.1 of this Act may file a request for review with the |
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| 1 | | Public Access Counselor for the limited purpose of reviewing | 2 | | whether the public body properly determined that the request | 3 | | was made for a commercial purpose. | 4 | | (b-5) A person whose request to inspect or copy a public | 5 | | record was treated by a public body, except the General | 6 | | Assembly and committees, commissions, and agencies thereof, as | 7 | | a voluminous request under Section 3.6 of this Act may file a | 8 | | request for review with the Public Access Counselor for the | 9 | | purpose of reviewing whether the public body properly | 10 | | determined that the request was a voluminous request. | 11 | | (c) Upon receipt of a request for review, the Public | 12 | | Access Counselor shall determine whether further action is | 13 | | warranted. If the Public Access Counselor determines that the | 14 | | alleged violation is unfounded, he or she shall so advise the | 15 | | requester and the public body and no further action shall be | 16 | | undertaken. In all other cases, the Public Access Counselor | 17 | | shall forward a copy of the request for review to the public | 18 | | body within 7 business days after receipt and shall specify | 19 | | the records or other documents that the public body shall | 20 | | furnish to facilitate the review. Within 7 business days after | 21 | | receipt of the request for review, the public body shall | 22 | | provide copies of records requested and shall otherwise fully | 23 | | cooperate with the Public Access Counselor. If a public body | 24 | | fails to furnish specified records pursuant to this Section, | 25 | | or if otherwise necessary, the Attorney General may issue a | 26 | | subpoena to any person or public body having knowledge of or |
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| 1 | | records pertaining to a request for review of a denial of | 2 | | access to records under the Act. Records or documents obtained | 3 | | by the Public Access Counselor from a public body for the | 4 | | purpose of addressing a request for review under this Section | 5 | | may not be disclosed to the public, including the requester, | 6 | | by the Public Access Counselor. These records, while in the | 7 | | possession of the Public Access Counselor, are exempt under | 8 | | this Act from disclosure by the Public Access Counselor. To | 9 | | the extent that records or documents produced by a public body | 10 | | contain information that is claimed to be exempt from | 11 | | disclosure under Section 7 of this Act, the Public Access | 12 | | Counselor shall not further disclose that information. | 13 | | (d) Within 7 business days after it receives a copy of a | 14 | | request for review and request for production of records from | 15 | | the Public Access Counselor, the public body may, but is not | 16 | | required to, answer the allegations of the request for review. | 17 | | The answer may take the form of a letter, brief, or memorandum. | 18 | | The Public Access Counselor shall forward a copy of the answer | 19 | | to the person submitting the request for review, with any | 20 | | alleged confidential information to which the request pertains | 21 | | redacted from the copy. The requester may, but is not required | 22 | | to, respond in writing to the answer within 7 business days and | 23 | | shall provide a copy of the response to the public body. | 24 | | (e) In addition to the request for review, and the answer | 25 | | and the response thereto, if any, a requester or a public body | 26 | | may furnish affidavits or records concerning any matter |
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| 1 | | germane to the review. | 2 | | (f) Unless the Public Access Counselor extends the time by | 3 | | no more than 30 business days by sending written notice to the | 4 | | requester and the public body that includes a statement of the | 5 | | reasons for the extension in the notice, or decides to address | 6 | | the matter without the issuance of a binding opinion, the | 7 | | Attorney General shall examine the issues and the records, | 8 | | shall make findings of fact and conclusions of law, and shall | 9 | | issue to the requester and the public body an opinion in | 10 | | response to the request for review within 60 days after its | 11 | | receipt. The opinion shall be binding upon both the requester | 12 | | and the public body, subject to administrative review under | 13 | | Section 11.5. | 14 | | In responding to any request under this Section 9.5, the | 15 | | Attorney General may exercise his or her discretion and choose | 16 | | to resolve a request for review by mediation or by a means | 17 | | other than the issuance of a binding opinion. The decision not | 18 | | to issue a binding opinion shall not be reviewable. | 19 | | Upon receipt of a binding opinion concluding that a | 20 | | violation of this Act has occurred, the public body shall | 21 | | either take necessary action immediately to comply with the | 22 | | directive of the opinion or shall initiate administrative | 23 | | review under Section 11.5. If the opinion concludes that no | 24 | | violation of the Act has occurred, the requester may initiate | 25 | | administrative review under Section 11.5. | 26 | | A public body that discloses records in accordance with an |
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| 1 | | opinion of the Attorney General is immune from all liabilities | 2 | | by reason thereof and shall not be liable for penalties under | 3 | | this Act. | 4 | | (g) If the requester files suit under Section 11 with | 5 | | respect to the same denial that is the subject of a pending | 6 | | request for review, the requester shall notify the Public | 7 | | Access Counselor, and the Public Access Counselor shall take | 8 | | no further action with respect to the request for review and | 9 | | shall so notify the public body. | 10 | | (h) The Attorney General may also issue advisory opinions | 11 | | to public bodies regarding compliance with this Act. A review | 12 | | may be initiated upon receipt of a written request from the | 13 | | head of the public body or its attorney, which shall contain | 14 | | sufficient accurate facts from which a determination can be | 15 | | made. The Public Access Counselor may request additional | 16 | | information from the public body in order to assist in the | 17 | | review. A public body that relies in good faith on an advisory | 18 | | opinion of the Attorney General in responding to a request is | 19 | | not liable for penalties under this Act, so long as the facts | 20 | | upon which the opinion is based have been fully and fairly | 21 | | disclosed to the Public Access Counselor.
| 22 | | (Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)
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