Bill Text: IL SB3273 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Freedom of Information Act. Changes the definition of "commercial purpose" to mean the purpose or intent to use (rather than "the use of") any part of a public record or records, or information derived from public records, in any form for sale, resale, or solicitation or advertisement for sales or services or to otherwise further a commercial, trade, or profit interest or enterprise, as those terms are commonly understood. Provides that a public body may make its records available through any publicly accessible electronic means and may respond to a request by notifying the requester that the record is available through its Internet website or other publicly accessible electronic means. Provides procedures in the event that the requester is unwilling or unable to access the record electronically. Provides that a public body is not required to respond to a request for records to be used for a commercial purpose and makes corresponding changes. Provides that a person who knowingly obtains a public record for a commercial purpose without disclosing that it is for a commercial purpose after being requested to do so by the public body is liable to the public body for a civil penalty equal to 3 times the cost of time, materials, equipment, and personnel expended by the public body in copying or producing the record and for any attorney's fees and other costs incurred by the public body in collecting the penalty. Exempts from disclosure under the Act records relating to all employee performance reviews and personnel evaluations and records and all complaints and investigatory material relating to a public body's adjudication of employee grievances or disciplinary cases. Exempts from disclosure records relating to litigation of a civil or criminal nature to which the public body is or may be a party or to which an officer or employee of the public, as a consequence of the person's office or employment, is or may be a party. Provides that the Attorney General must make available on the website of the Office of the Attorney General a copy of each binding opinion, each advisory opinion, and, for any instance in which the Attorney General resolves a request for review by mediation or by means other than the issuance of a binding opinion, each nonbinding opinion or other correspondence or document that constitutes the final decision by the Attorney General in resolving that request for review.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3273 Detail]

Download: Illinois-2013-SB3273-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3273 Introduced 2/14/2014, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
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Amends the Freedom of Information Act. Changes the definition of "commercial purpose" to mean the purpose or intent to use (rather than "the use of") any part of a public record or records, or information derived from public records, in any form for sale, resale, or solicitation or advertisement for sales or services or to otherwise further a commercial, trade, or profit interest or enterprise, as those terms are commonly understood. Provides that a public body may make its records available through any publicly accessible electronic means and may respond to a request by notifying the requester that the record is available through its Internet website or other publicly accessible electronic means. Provides procedures in the event that the requester is unwilling or unable to access the record electronically. Provides that a public body is not required to respond to a request for records to be used for a commercial purpose and makes corresponding changes. Provides that a person who knowingly obtains a public record for a commercial purpose without disclosing that it is for a commercial purpose after being requested to do so by the public body is liable to the public body for a civil penalty equal to 3 times the cost of time, materials, equipment, and personnel expended by the public body in copying or producing the record and for any attorney's fees and other costs incurred by the public body in collecting the penalty. Exempts from disclosure under the Act records relating to all employee performance reviews and personnel evaluations and records and all complaints and investigatory material relating to a public body's adjudication of employee grievances or disciplinary cases. Exempts from disclosure records relating to litigation of a civil or criminal nature to which the public body is or may be a party or to which an officer or employee of the public, as a consequence of the person's office or employment, is or may be a party. Provides that the Attorney General must make available on the website of the Office of the Attorney General a copy of each binding opinion, each advisory opinion, and, for any instance in which the Attorney General resolves a request for review by mediation or by means other than the issuance of a binding opinion, each nonbinding opinion or other correspondence or document that constitutes the final decision by the Attorney General in resolving that request for review.
LRB098 19876 HEP 55095 b
A BILL FOR
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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 Sections 2, 3, 3.1, 7, and 9.5 as follows:
(5 ILCS 140/2) (from Ch. 116, par. 202)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means all legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees, or
commissions of this State, any subsidiary bodies of any of the
foregoing including but not limited to committees and
subcommittees thereof, and a School Finance Authority created
under Article 1E of the School Code. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act.
(b) "Person" means any individual, corporation,
partnership, firm, organization or association, acting
individually or as a group.
(c) "Public records" means all records, reports, forms,

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writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, electronic communications, recorded
information and all other documentary materials pertaining to
the transaction of public business, regardless of physical form
or characteristics, having been prepared by or for, or having
been or being used by, received by, in the possession of, or
under the control of any public body.
(c-5) "Private information" means unique identifiers,
including a person's social security number, driver's license
number, employee identification number, biometric identifiers,
personal financial information, passwords or other access
codes, medical records, home or personal telephone numbers, and
personal email addresses. Private information also includes
home address and personal license plates, except as otherwise
provided by law or when compiled without possibility of
attribution to any person.
(c-10) "Commercial purpose" means the purpose or intent to
use of any part of a public record or records, or information
derived from public records, in any form for sale, resale, or
solicitation or advertisement for sales or services or to
otherwise further a commercial, trade, or profit interest or
enterprise, as those terms are commonly understood. For
purposes of this definition, requests made by news media and
non-profit, scientific, or academic organizations shall not be
considered to be made for a "commercial purpose" when the

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principal purpose of the request is (i) to access and
disseminate information concerning news and current or passing
events, (ii) for articles of opinion or features of interest to
the public, or (iii) for the purpose of academic, scientific,
or public research or education.
(d) "Copying" means the reproduction of any public record
by means of any photographic, electronic, mechanical or other
process, device or means now known or hereafter developed and
available to the public body.
(e) "Head of the public body" means the president, mayor,
chairman, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body, or
such person's duly authorized designee.
(f) "News media" means a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format, a
radio station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(g) "Recurrent requester", as used in Section 3.2 of this
Act, means a person that, in the 12 months immediately
preceding the request, has submitted to the same public body
(i) a minimum of 50 requests for records, (ii) a minimum of 15
requests for records within a 30-day period, or (iii) a minimum

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of 7 requests for records within a 7-day period. For purposes
of this definition, requests made by news media and non-profit,
scientific, or academic organizations shall not be considered
in calculating the number of requests made in the time periods
in this definition when the principal purpose of the requests
is (i) to access and disseminate information concerning news
and current or passing events, (ii) for articles of opinion or
features of interest to the public, or (iii) for the purpose of
academic, scientific, or public research or education.
For the purposes of this subsection (g), "request" means a
written document (or oral request, if the public body chooses
to honor oral requests) that is submitted to a public body via
personal delivery, mail, telefax, electronic mail, or other
means available to the public body and that identifies the
particular public record the requester seeks. One request may
identify multiple records to be inspected or copied.
(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
(5 ILCS 140/3) (from Ch. 116, par. 203)
Sec. 3. (a) Each public body shall make available to any
person for inspection or copying all public records, except as
otherwise provided in Section 7 of this Act. Notwithstanding
any other law, a public body may not grant to any person or
entity, whether by contract, license, or otherwise, the
exclusive right to access and disseminate any public record as

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defined in this Act.
(b) Subject to the fee provisions of Section 6 of this Act,
each public body shall promptly provide, to any person who
submits a request, a copy of any public record required to be
disclosed by subsection (a) of this Section and shall certify
such copy if so requested. The public body may make its records
available through any publicly accessible electronic means.
The public body may respond to a request by notifying the
requester that the record is available through its Internet
website or other publicly accessible electronic means. If the
requester is unwilling or unable to access the record
electronically, the requester may, within 30 days following
receipt of the public body notification, submit a written
request to the public body to have the record converted to
paper. The public body shall provide access to the record in
printed form within 5 days of the receipt of the written
request for conversion of the electronic version to paper.
(c) Requests for inspection or copies shall be made in
writing and directed to the public body. Written requests may
be submitted to a public body via personal delivery, mail,
telefax, or other means available to the public body. A public
body may honor oral requests for inspection or copying. A
public body may not require that a request be submitted on a
standard form or require the requester to specify the purpose
for a request, except to determine whether the records are
requested for a commercial purpose or whether to grant a

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request for a fee waiver. All requests for inspection and
copying received by a public body shall immediately be
forwarded to its Freedom of Information officer or designee.
(d) Each public body shall, promptly, either comply with or
deny a request for public records within 5 business days after
its receipt of the request, unless the time for response is
properly extended under subsection (e) of this Section. Denial
shall be in writing as provided in Section 9 of this Act.
Failure to comply with a written request, extend the time for
response, or deny a request within 5 business days after its
receipt shall be considered a denial of the request. A public
body that fails to respond to a request within the requisite
periods in this Section but thereafter provides the requester
with copies of the requested public records may not impose a
fee for such copies. A public body that fails to respond to a
request received may not treat the request as unduly burdensome
under subsection (g).
(e) The time for response under this Section may be
extended by the public body for not more than 5 business days
from the original due date for any of the following reasons:
(i) the requested records are stored in whole or in
part at other locations than the office having charge of
the requested records;
(ii) the request requires the collection of a
substantial number of specified records;
(iii) the request is couched in categorical terms and

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requires an extensive search for the records responsive to
it;
(iv) the requested records have not been located in the
course of routine search and additional efforts are being
made to locate them;
(v) the requested records require examination and
evaluation by personnel having the necessary competence
and discretion to determine if they are exempt from
disclosure under Section 7 of this Act or should be
revealed only with appropriate deletions;
(vi) the request for records cannot be complied with by
the public body within the time limits prescribed by
paragraph (c) of this Section without unduly burdening or
interfering with the operations of the public body;
(vii) there is a need for consultation, which shall be
conducted with all practicable speed, with another public
body or among two or more components of a public body
having a substantial interest in the determination or in
the subject matter of the request.
The person making a request and the public body may agree
in writing to extend the time for compliance for a period to be
determined by the parties. If the requester and the public body
agree to extend the period for compliance, a failure by the
public body to comply with any previous deadlines shall not be
treated as a denial of the request for the records.
(f) When additional time is required for any of the above

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reasons, the public body shall, within 5 business days after
receipt of the request, notify the person making the request of
the reasons for the extension and the date by which the
response will be forthcoming. Failure to respond within the
time permitted for extension shall be considered a denial of
the request. A public body that fails to respond to a request
within the time permitted for extension but thereafter provides
the requester with copies of the requested public records may
not impose a fee for those copies. A public body that requests
an extension and subsequently fails to respond to the request
may not treat the request as unduly burdensome under subsection
(g).
(g) Requests calling for all records falling within a
category shall be complied with unless compliance with the
request would be unduly burdensome for the complying public
body and there is no way to narrow the request and the burden
on the public body outweighs the public interest in the
information. Before invoking this exemption, the public body
shall extend to the person making the request an opportunity to
confer with it in an attempt to reduce the request to
manageable proportions. If any body responds to a categorical
request by stating that compliance would unduly burden its
operation and the conditions described above are met, it shall
do so in writing, specifying the reasons why it would be unduly
burdensome and the extent to which compliance will so burden
the operations of the public body. Such a response shall be

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treated as a denial of the request for information.
Repeated requests from the same person for the same records
that are unchanged or identical to records previously provided
or properly denied under this Act shall be deemed unduly
burdensome under this provision.
(h) Each public body may promulgate rules and regulations
in conformity with the provisions of this Section pertaining to
the availability of records and procedures to be followed,
including:
(i) the times and places where such records will be
made available, and
(ii) the persons from whom such records may be
obtained.
(i) (Blank). The time periods for compliance or denial of a
request to inspect or copy records set out in this Section
shall not apply to requests for records made for a commercial
purpose. Such requests shall be subject to the provisions of
Section 3.1 of this Act.
(Source: P.A. 96-542, eff. 1-1-10.)
(5 ILCS 140/3.1)
Sec. 3.1. Requests for commercial purposes.
(a) A public body is not required to shall respond to a
request for records to be used for a commercial purpose within
21 working days after receipt. The response shall (i) provide
to the requester an estimate of the time required by the public

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body to provide the records requested and an estimate of the
fees to be charged, which the public body may require the
person to pay in full before copying the requested documents,
(ii) deny the request pursuant to one or more of the exemptions
set out in this Act, (iii) notify the requester that the
request is unduly burdensome and extend an opportunity to the
requester to attempt to reduce the request to manageable
proportions, or (iv) provide the records requested.
(b) (Blank). Unless the records are exempt from disclosure,
a public body shall comply with a request within a reasonable
period considering the size and complexity of the request, and
giving priority to records requested for non-commercial
purposes.
(c) It is a violation of this Act for a person to knowingly
obtain a public record for a commercial purpose without
disclosing that it is for a commercial purpose, if requested to
do so by the public body. A person who violates this subsection
(c) is liable to the public body for a civil penalty equal to 3
times the cost of time, materials, equipment, and personnel
expended by the public body in copying or producing the record
and for any attorney's fees and other costs incurred by the
public body in collecting the penalty.
(Source: P.A. 96-542, eff. 1-1-10.)
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.

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(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person

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and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information.
The disclosure of information that bears on the public
duties of public employees and officials shall not be
considered an invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the extent
that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of

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witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public
body that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(e) Records that relate to or affect the security of

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correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections if those materials are available
in the library of the correctional facility where the
inmate is confined.
(e-6) Records requested by persons committed to the
Department of Corrections if those materials include
records from staff members' personnel files, staff
rosters, or other staffing assignment information.
(e-7) Records requested by persons committed to the
Department of Corrections if those materials are available
through an administrative request to the Department of
Corrections.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,

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privileged or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension fund,
from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as
a result of either investing or evaluating a potential
investment of public funds in a private equity fund. The
exemption contained in this item does not apply to the
aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company
within the investment portfolio of a private equity fund,
unless the disclosure of the identity of a privately held
company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage

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to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by news
media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or

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university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including but not limited to power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative

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proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to all employee performance
reviews and personnel evaluations and records relating to a
public body's adjudication of employee grievances or
disciplinary cases; however, this exemption shall not
extend to the final outcome of cases in which discipline is
imposed, but includes all complaints and investigatory
material.
(o) Administrative or technical information associated
with automated data processing operations, including but
not limited to software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an

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applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.

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(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to be
used to create electronic or digital signatures under the
Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, or to
tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,

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bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power Agency
Act and Section 16-111.5 of the Public Utilities Act that
is determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Public Aid Code or (ii)
that pertain to appeals under Section 11-8 of the Public
Aid Code.

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(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.157 of the
School Code and any information contained in that report.
(ii) Records relating to litigation of a civil or
criminal nature to which the public body is or may be a
party or to which an officer or employee of the public, as
a consequence of the person's office or employment, is or
may be a party. For purposes of this exemption, the public
body, officer, or employee is considered to be a party to
litigation of a criminal nature until the applicable
statute of limitations has expired or until the defendant

SB3273 - 23 - LRB098 19876 HEP 55095 b
has exhausted all appellate and postconviction remedies in
State and federal court.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11;
97-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff.
7-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129,
eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13.)
(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

SB3273 - 24 - LRB098 19876 HEP 55095 b
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.
(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

SB3273 - 25 - LRB098 19876 HEP 55095 b
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. 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.

SB3273 - 26 - LRB098 19876 HEP 55095 b
(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

SB3273 - 27 - LRB098 19876 HEP 55095 b
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.
(i) The Attorney General must make available on the website
of the Office of the Attorney General a copy of each binding
opinion, each advisory opinion, and, for any instance in which
the Attorney General resolves a request for review by mediation
or by means other than the issuance of a binding opinion, each
nonbinding opinion or other correspondence or document that

SB3273 - 28 - LRB098 19876 HEP 55095 b
constitutes the final decision by the Attorney General in
resolving that request for review.
(Source: P.A. 96-542, eff. 1-1-10; 97-579, eff. 8-26-11.)
SB3273 - 29 - LRB098 19876 HEP 55095 b
INDEX
Statutes amended in order of appearance