103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2444

 

Introduced 2/15/2023, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/9.5

    Amends the Freedom of Information Act. Deletes language providing that, to the extent that records or documents produced by a public body contain information that is claimed to be exempt from disclosure, the Public Access Counselor shall not further disclose that information. Provides instead that records or documents obtained by the Public Access Counselor from a public body for the purpose of addressing a request for review may not be disclosed to the public, including the requester, by the Public Access Counselor. Provides that such records, while in the possession of the Public Access Counselor, are exempt under the Act from disclosure by the Public Access Counselor.


LRB103 29778 AWJ 56185 b

 

 

A BILL FOR

 

HB2444LRB103 29778 AWJ 56185 b

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 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
9record is denied by a public body, except the General Assembly
10and committees, commissions, and agencies thereof, may file a
11request for review with the Public Access Counselor
12established in the Office of the Attorney General not later
13than 60 days after the date of the final denial. The request
14for review must be in writing, signed by the requester, and
15include (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
18record is made for a commercial purpose as defined in
19subsection (c-10) of Section 2 of this Act may not file a
20request for review with the Public Access Counselor. A person
21whose request to inspect or copy a public record was treated by
22the public body as a request for a commercial purpose under
23Section 3.1 of this Act may file a request for review with the

 

 

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1Public Access Counselor for the limited purpose of reviewing
2whether the public body properly determined that the request
3was made for a commercial purpose.
4    (b-5) A person whose request to inspect or copy a public
5record was treated by a public body, except the General
6Assembly and committees, commissions, and agencies thereof, as
7a voluminous request under Section 3.6 of this Act may file a
8request for review with the Public Access Counselor for the
9purpose of reviewing whether the public body properly
10determined that the request was a voluminous request.
11    (c) Upon receipt of a request for review, the Public
12Access Counselor shall determine whether further action is
13warranted. If the Public Access Counselor determines that the
14alleged violation is unfounded, he or she shall so advise the
15requester and the public body and no further action shall be
16undertaken. In all other cases, the Public Access Counselor
17shall forward a copy of the request for review to the public
18body within 7 business days after receipt and shall specify
19the records or other documents that the public body shall
20furnish to facilitate the review. Within 7 business days after
21receipt of the request for review, the public body shall
22provide copies of records requested and shall otherwise fully
23cooperate with the Public Access Counselor. If a public body
24fails to furnish specified records pursuant to this Section,
25or if otherwise necessary, the Attorney General may issue a
26subpoena to any person or public body having knowledge of or

 

 

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1records pertaining to a request for review of a denial of
2access to records under the Act. Records or documents obtained
3by the Public Access Counselor from a public body for the
4purpose of addressing a request for review under this Section
5may not be disclosed to the public, including the requester,
6by the Public Access Counselor. These records, while in the
7possession of the Public Access Counselor, are exempt under
8this Act from disclosure by the Public Access Counselor. To
9the extent that records or documents produced by a public body
10contain information that is claimed to be exempt from
11disclosure 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

 

 

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1germane to 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

 

 

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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
8no further action with respect to the request for review and
9shall so 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. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)