Bill Text: IL SB0325 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0069 [SB0325 Detail]

Download: Illinois-2023-SB0325-Engrossed.html

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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

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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

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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

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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

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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.)