|
| Public Act 103-0069
|
| SB0325 Enrolled | LRB103 25008 HEP 51342 b |
|
|
AN ACT concerning government.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Freedom of Information Act is amended by |
changing Section 9.5 as follows:
|
(5 ILCS 140/9.5) |
Sec. 9.5. Public Access Counselor; opinions. |
(a) A person whose request to inspect or copy a public |
record is denied by a public body, except the General Assembly |
and committees, commissions, and agencies thereof, may file a |
request for review with the Public Access Counselor |
established in the Office of the Attorney General not later |
than 60 days after the date of the final denial. The request |
for review must be in writing, signed by the requester, and |
include (i) a copy of the request for access to records and |
(ii) any responses from the public body. |
(b) A person whose request to inspect or copy a public |
record is made for a commercial purpose as defined in |
subsection (c-10) of Section 2 of this Act may not file a |
request for review with the Public Access Counselor. A person |
whose request to inspect or copy a public record was treated by |
the public body as a request for a commercial purpose under |
Section 3.1 of this Act may file a request for review with the |
|
Public Access Counselor for the limited purpose of reviewing |
whether the public body properly determined that the request |
was made for a commercial purpose. |
(b-5) A person whose request to inspect or copy a public |
record was treated by a public body, except the General |
Assembly and committees, commissions, and agencies thereof, as |
a voluminous request under Section 3.6 of this Act may file a |
request for review with the Public Access Counselor for the |
purpose of reviewing whether the public body properly |
determined that the request was a voluminous request. |
(c) Upon receipt of a request for review, the Public |
Access Counselor shall determine whether further action is |
warranted. If the Public Access Counselor determines that the |
alleged violation is unfounded, he or she shall so advise the |
requester and the public body and no further action shall be |
undertaken. In all other cases, the Public Access Counselor |
shall forward a copy of the request for review to the public |
body within 7 business days after receipt and shall specify |
the records or other documents that the public body shall |
furnish to facilitate the review. Within 7 business days after |
receipt of the request for review, the public body shall |
provide copies of records requested and shall otherwise fully |
cooperate with the Public Access Counselor. If a public body |
fails to furnish specified records pursuant to this Section, |
or if otherwise necessary, the Attorney General may issue a |
subpoena to any person or public body having knowledge of or |
|
records pertaining to a request for review of a denial of |
access to records under the Act. Records or documents obtained |
by the Public Access Counselor from a public body for the |
purpose of addressing a request for review under this Section |
may not be disclosed to the public, including the requester, |
by the Public Access Counselor. These records, while in the |
possession of the Public Access Counselor, are exempt under |
this Act from disclosure by the Public Access Counselor. To |
the extent that records or documents produced by a public body |
contain information that is claimed to be exempt from |
disclosure under Section 7 of this Act, the Public Access |
Counselor shall not further disclose that information. |
(d) Within 7 business days after it receives a copy of a |
request for review and request for production of records from |
the Public Access Counselor, the public body may, but is not |
required to, answer the allegations of the request for review. |
The answer may take the form of a letter, brief, or memorandum. |
The Public Access Counselor shall forward a copy of the answer |
to the person submitting the request for review, with any |
alleged confidential information to which the request pertains |
redacted from the copy. The requester may, but is not required |
to, respond in writing to the answer within 7 business days and |
shall provide a copy of the response to the public body. |
(e) In addition to the request for review, and the answer |
and the response thereto, if any, a requester or a public body |
may furnish affidavits or records concerning any matter |
|
germane to the review. |
(f) Unless the Public Access Counselor extends the time by |
no more than 30 business days by sending written notice to the |
requester and the public body that includes a statement of the |
reasons for the extension in the notice, or decides to address |
the matter without the issuance of a binding opinion, the |
Attorney General shall examine the issues and the records, |
shall make findings of fact and conclusions of law, and shall |
issue to the requester and the public body an opinion in |
response to the request for review within 60 days after its |
receipt. The opinion shall be binding upon both the requester |
and the public body, subject to administrative review under |
Section 11.5. |
In responding to any request under this Section 9.5, the |
Attorney General may exercise his or her discretion and choose |
to resolve a request for review by mediation or by a means |
other than the issuance of a binding opinion. The decision not |
to issue a binding opinion shall not be reviewable. |
Upon receipt of a binding opinion concluding that a |
violation of this Act has occurred, the public body shall |
either take necessary action immediately to comply with the |
directive of the opinion or shall initiate administrative |
review under Section 11.5. If the opinion concludes that no |
violation of the Act has occurred, the requester may initiate |
administrative review under Section 11.5. |
A public body that discloses records in accordance with an |
|
opinion of the Attorney General is immune from all liabilities |
by reason thereof and shall not be liable for penalties under |
this Act. |
(g) If the requester files suit under Section 11 with |
respect to the same denial that is the subject of a pending |
request for review, the requester shall notify the Public |
Access Counselor, and the Public Access Counselor shall take |
no further action with respect to the request for review and |
shall so notify the public body. |
(h) The Attorney General may also issue advisory opinions |
to public bodies regarding compliance with this Act. A review |
may be initiated upon receipt of a written request from the |
head of the public body or its attorney, which shall contain |
sufficient accurate facts from which a determination can be |
made. The Public Access Counselor may request additional |
information from the public body in order to assist in the |
review. A public body that relies in good faith on an advisory |
opinion of the Attorney General in responding to a request is |
not liable for penalties under this Act, so long as the facts |
upon which the opinion is based have been fully and fairly |
disclosed to the Public Access Counselor.
|
(Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)
|
