Public Act 099-0586
 
HB4715 EnrolledLRB099 17902 RJF 42264 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 11 and by adding Section 11.6 as follows:
 
    (5 ILCS 140/11)  (from Ch. 116, par. 211)
    Sec. 11. (a) Any person denied access to inspect or copy
any public record by a public body may file suit for injunctive
or declaratory relief.
    (a-5) In accordance with Section 11.6 of this Act, a
requester may file an action to enforce a binding opinion
issued under Section 9.5 of this Act.
    (b) Where the denial is from a public body of the State,
suit may be filed in the circuit court for the county where the
public body has its principal office or where the person denied
access resides.
    (c) Where the denial is from a municipality or other public
body, except as provided in subsection (b) of this Section,
suit may be filed in the circuit court for the county where the
public body is located.
    (d) The circuit court shall have the jurisdiction to enjoin
the public body from withholding public records and to order
the production of any public records improperly withheld from
the person seeking access. If the public body can show that
exceptional circumstances exist, and that the body is
exercising due diligence in responding to the request, the
court may retain jurisdiction and allow the agency additional
time to complete its review of the records.
    (e) On motion of the plaintiff, prior to or after in camera
inspection, the court shall order the public body to provide an
index of the records to which access has been denied. The index
shall include the following:
        (i) A description of the nature or contents of each
    document withheld, or each deletion from a released
    document, provided, however, that the public body shall not
    be required to disclose the information which it asserts is
    exempt; and
        (ii) A statement of the exemption or exemptions claimed
    for each such deletion or withheld document.
    (f) In any action considered by the court, the court shall
consider the matter de novo, and shall conduct such in camera
examination of the requested records as it finds appropriate to
determine if such records or any part thereof may be withheld
under any provision of this Act. The burden shall be on the
public body to establish that its refusal to permit public
inspection or copying is in accordance with the provisions of
this Act. Any public body that asserts that a record is exempt
from disclosure has the burden of proving that it is exempt by
clear and convincing evidence.
    (g) In the event of noncompliance with an order of the
court to disclose, the court may enforce its order against any
public official or employee so ordered or primarily responsible
for such noncompliance through the court's contempt powers.
    (h) Except as to causes the court considers to be of
greater importance, proceedings arising under this Section
shall take precedence on the docket over all other causes and
be assigned for hearing and trial at the earliest practicable
date and expedited in every way.
    (i) If a person seeking the right to inspect or receive a
copy of a public record prevails in a proceeding under this
Section, the court shall award such person reasonable
attorney's attorneys' fees and costs. In determining what
amount of attorney's fees is reasonable, the court shall
consider the degree to which the relief obtained relates to the
relief sought. The changes contained in this subsection apply
to an action filed on or after January 1, 2010 (the effective
date of Public Act 96-542) this amendatory Act of the 96th
General Assembly.
    (j) If the court determines that a public body willfully
and intentionally failed to comply with this Act, or otherwise
acted in bad faith, the court shall also impose upon the public
body a civil penalty of not less than $2,500 nor more than
$5,000 for each occurrence. In assessing the civil penalty, the
court shall consider in aggravation or mitigation the budget of
the public body and whether the public body has previously been
assessed penalties for violations of this Act. The court may
impose an additional penalty of up to $1,000 for each day the
violation continues if:
        (1) the public body fails to comply with the court's
    order after 30 days;
        (2) the court's order is not on appeal or stayed; and
        (3) the court does not grant the public body additional
    time to comply with the court's order to disclose public
    records.
    The changes contained in this subsection made by Public Act
96-542 apply to an action filed on or after January 1, 2010
(the effective date of Public Act 96-542) this amendatory Act
of the 96th General Assembly.
    (k) The changes to this Section made by this amendatory Act
of the 99th General Assembly apply to actions filed on or after
the effective date of this amendatory Act of the 99th General
Assembly.
(Source: P.A. 96-542, eff. 1-1-10; 97-813, eff. 7-13-12;
revised 10-14-15.)
 
    (5 ILCS 140/11.6 new)
    Sec. 11.6. Noncompliance with binding opinion.
    (a) The requester may file an action under Section 11 and
there shall be a rebuttable presumption that the public body
willfully and intentionally failed to comply with this Act for
purposes of subsection (j) of Section 11 if:
        (1) the Attorney General issues a binding opinion
    pursuant to Section 9.5;
        (2) the public body does not file for administrative
    review of the binding opinion within 35 days after the
    binding opinion is served on the public body; and
        (3) the public body does not comply with the binding
    opinion within 35 days after the binding opinion is served
    on the public body.
    For purposes of this subsection (a), service of the binding
opinion shall be by personal delivery or by depositing the
opinion in the United States mail as provided in Section 3-103
of the Code of Civil Procedure.
    (b) The presumption in subsection (a) may be rebutted by
the public body showing that it is making a good faith effort
to comply with the binding opinion, but compliance was not
possible within the 35-day time frame.
    (c) This Section applies to binding opinions of the
Attorney General requested or issued on or after the effective
date of this amendatory Act of the 99th General Assembly.

Effective Date: 1/1/2017