Bill Text: IL SB0189 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Governmental Ethics Act. With respect to applicants for gubernatorial appointment to boards, commissions, authorities, and task forces, requires that (i) an applicant must provide specified documents to the Governor's Office of Boards and Commissions, (ii) the Office must hold a public hearing before appointing or nominating an applicant, (iii) the Office must provide to the Senate specified information on any applicant nominated for Senate confirmation, and (iv) the Office must post specified information on its website about appointment requirements, applicants, and appointees. Requires all applicants and appointees, whether or not the position requires Senate confirmation, to file statements of economic interests (now, nominees for and appointees to positions requiring Senate confirmation must file statements). Effective immediately.

Sponsorship: Slight Partisan Bill (Democrat 8-3)

Status: (Passed) 2009-08-17 - Public Act . . . . . . . . . 96-0542 [SB0189 Detail]

Download: Illinois-2009-SB0189-Enrolled.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 Open Meetings Act is amended by changing
Section 3 and adding Sections 1.05, 3.5, and 7.5 as follows:
(5 ILCS 120/1.05 new)
Sec. 1.05. Training. Every public body shall designate
employees, officers, or members to receive training on
compliance with this Act. Each public body shall submit a list
of designated employees, officers, or members to the Public
Access Counselor. Within 6 months after the effective date of
this amendatory Act of the 96th General Assembly, the
designated employees, officers, and members must successfully
complete an electronic training curriculum, developed and
administered by the Public Access Counselor, and thereafter
must successfully complete an annual training program.
Thereafter, whenever a public body designates an additional
employee, officer, or member to receive this training, that
person must successfully complete the electronic training
curriculum within 30 days after that designation.
(5 ILCS 120/3) (from Ch. 102, par. 43)
Sec. 3. (a) Where the provisions of this Act are not

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complied with, or where there is probable cause to believe that
the provisions of this Act will not be complied with, any
person, including the State's Attorney of the county in which
such noncompliance may occur, may bring a civil action in the
circuit court for the judicial circuit in which the alleged
noncompliance has occurred or is about to occur, or in which
the affected public body has its principal office, prior to or
within 60 days of the meeting alleged to be in violation of
this Act or, if facts concerning the meeting are not discovered
within the 60-day period, within 60 days of the discovery of a
violation by the State's Attorney.
Records that are obtained by a State's Attorney from a
public body for purposes of reviewing whether the public body
has complied with this Act may not be disclosed to the public.
Those records, while in the possession of the State's Attorney,
are exempt from disclosure under the Freedom of Information
Act.
(b) In deciding such a case the court may examine in camera
any portion of the minutes of a meeting at which a violation of
the Act is alleged to have occurred, and may take such
additional evidence as it deems necessary.
(c) The court, having due regard for orderly administration
and the public interest, as well as for the interests of the
parties, may grant such relief as it deems appropriate,
including granting a relief by mandamus requiring that a
meeting be open to the public, granting an injunction against

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future violations of this Act, ordering the public body to make
available to the public such portion of the minutes of a
meeting as is not authorized to be kept confidential under this
Act, or declaring null and void any final action taken at a
closed meeting in violation of this Act.
(d) The court may assess against any party, except a
State's Attorney, reasonable attorney's fees and other
litigation costs reasonably incurred by any other party who
substantially prevails in any action brought in accordance with
this Section, provided that costs may be assessed against any
private party or parties bringing an action pursuant to this
Section only upon the court's determination that the action is
malicious or frivolous in nature.
(Source: P.A. 88-621, eff. 1-1-95.)
(5 ILCS 120/3.5 new)
Sec. 3.5. Public Access Counselor; opinions.
(a) A person who believes that a violation of this Act by a
public body has occurred 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 alleged
violation. The request for review must be in writing, must be
signed by the requester, and must include a summary of the
facts supporting the allegation.
(b) Upon receipt of a request for review, the Public Access
Counselor shall determine whether further action is warranted.

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If the Public Access Counselor determines from the request for
review 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 working days. The Public Access
Counselor shall specify the records or other documents that the
public body shall furnish to facilitate the review. Within 7
working days after receipt of the request for review, the
public body shall provide copies of the 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 an alleged
violation of this Act. For purposes of conducting a thorough
review, the Public Access Counselor has the same right to
examine a verbatim recording of a meeting closed to the public
or the minutes of a closed meeting as does a court in a civil
action brought to enforce this Act.
(c) Within 7 working 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.
Upon request, the public body may also furnish the Public

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Access Counselor with a redacted copy of the answer excluding
specific references to any matters at issue. The Public Access
Counselor shall forward a copy of the answer or redacted
answer, if furnished, to the person submitting the request for
review. The requester may, but is not required to, respond in
writing to the answer within 7 working days and shall provide a
copy of the response to the public body.
(d) 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 and records concerning any matter
germane to the review.
(e) Unless the Public Access Counselor extends the time by
no more than 21 business days by sending written notice to the
requester and 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 within 60
days after initiating review. The opinion shall be binding upon
both the requester and the public body, subject to
administrative review under Section 7.5 of this Act.
In responding to any written request under this Section
3.5, 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

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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 as soon as practical to comply
with the directive of the opinion or shall initiate
administrative review under Section 7.5. If the opinion
concludes that no violation of the Act has occurred, the
requester may initiate administrative review under Section
7.5.
(f) If the requester files suit under Section 3 with
respect to the same alleged violation 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.
(g) Records that are obtained by the Public Access
Counselor from a public body for purposes of addressing a
request for review under this Section 3.5 may not be disclosed
to the public, including the requester, by the Public Access
Counselor. Those records, while in the possession of the Public
Access Counselor, shall be exempt from disclosure by the Public
Access Counselor under the Freedom of Information Act.
(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

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head of the public body or its attorney. The request must
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 facilitate the
review. A public body that relies in good faith on an advisory
opinion of the Attorney General in complying with the
requirements of this Act 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.
(5 ILCS 120/7.5 new)
Sec. 7.5. Administrative review. A binding opinion issued
by the Attorney General shall be considered a final decision of
an administrative agency, for purposes of administrative
review under the Administrative Review Law (735 ILCS 5/Art.
III). An action for administrative review of a binding opinion
of the Attorney General shall be commenced in Cook or Sangamon
County. An advisory opinion issued to a public body shall not
be considered a final decision of the Attorney General for
purposes of this Section.
Section 10. The Freedom of Information Act is amended by
changing Sections 1, 2, 3, 4, 6, 7, 9, and 11 and by adding
Sections 1.2, 2.5, 2.10, 2.15, 2.20, 3.1, 3.3, 3.5, 7.5, 9.5,
and 11.5 as follows:

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(5 ILCS 140/1) (from Ch. 116, par. 201)
Sec. 1. Pursuant to the fundamental philosophy of the
American constitutional form of government, it is declared to
be the public policy of the State of Illinois that all persons
are entitled to full and complete information regarding the
affairs of government and the official acts and policies of
those who represent them as public officials and public
employees consistent with the terms of this Act. Such access is
necessary to enable the people to fulfill their duties of
discussing public issues fully and freely, making informed
political judgments and monitoring government to ensure that it
is being conducted in the public interest.
The General Assembly hereby declares that it is the public
policy of the State of Illinois that access by all persons to
public records promotes the transparency and accountability of
public bodies at all levels of government. It is a fundamental
obligation of government to operate openly and provide public
records as expediently and efficiently as possible in
compliance with this Act.
This Act is not intended to cause an unwarranted invasion
of personal be used to violate individual privacy, nor to allow
the requests of for the purpose of furthering a commercial
enterprise to unduly burden public resources, or to disrupt the
duly-undertaken work of any public body independent of the
fulfillment of any of the fore-mentioned rights of the people
to access to information.

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This Act is not intended to create an obligation on the
part of any public body to maintain or prepare any public
record which was not maintained or prepared by such public body
at the time when this Act becomes effective, except as
otherwise required by applicable local, State or federal law.
Restraints These restraints on access to information, to
the extent permitted by this Act, are access should be seen as
limited exceptions to the principle general rule that the
people of this State have a right to full disclosure of
information relating to know the decisions, policies,
procedures, rules, standards, and other aspects of government
activity that affect the conduct of government and the lives of
any or all of the people. The provisions of this Act shall be
construed in accordance with this principle to this end. This
Act shall be construed to require disclosure of requested
information as expediently and efficiently as possible and
adherence to the deadlines established in this Act.
The General Assembly recognizes that this Act imposes
fiscal obligations on public bodies to provide adequate staff
and equipment to comply with its requirements. The General
Assembly declares that providing records in compliance with the
requirements of this Act is a primary duty of public bodies to
the people of this State, and this Act should be construed to
this end, fiscal obligations notwithstanding.
The General Assembly further recognizes that technology
may advance at a rate that outpaces its ability to address

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those advances legislatively. To the extent that this Act may
not expressly apply to those technological advances, this Act
should nonetheless be interpreted to further the declared
policy of this Act that public records shall be made available
upon request except when denial of access furthers the public
policy underlying a specific exemption.
This Act shall be the exclusive State statute on freedom of
information, except to the extent that other State statutes
might create additional restrictions on disclosure of
information or other laws in Illinois might create additional
obligations for disclosure of information to the public.
(Source: P.A. 83-1013.)
(5 ILCS 140/1.2 new)
Sec. 1.2. Presumption. All records in the custody or
possession of a public body are presumed to be open to
inspection or copying. Any public body that asserts that a
record is exempt from disclosure has the burden of proving by
clear and convincing evidence that it is exempt.
(5 ILCS 140/2) (from Ch. 116, par. 202)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means all any legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other

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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 which are supported in whole or in part
by tax revenue, or which expend tax revenue, 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,
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,
possessed 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

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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 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. 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 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. "Public records" includes, but is
expressly not limited to: (i) administrative manuals,
procedural rules, and instructions to staff, unless exempted by
Section 7(p) of this Act; (ii) final opinions and orders made
in the adjudication of cases, except an educational
institution's adjudication of student or employee grievance or
disciplinary cases; (iii) substantive rules; (iv) statements
and interpretations of policy which have been adopted by a
public body; (v) final planning policies, recommendations, and
decisions; (vi) factual reports, inspection reports, and
studies whether prepared by or for the public body; (vii) all

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information in any account, voucher, or contract dealing with
the receipt or expenditure of public or other funds of public
bodies; (viii) the names, salaries, titles, and dates of
employment of all employees and officers of public bodies; (ix)
materials containing opinions concerning the rights of the
state, the public, a subdivision of state or a local
government, or of any private persons; (x) the name of every
official and the final records of voting in all proceedings of
public bodies; (xi) applications for any contract, permit,
grant, or agreement except as exempted from disclosure by
subsection (g) of Section 7 of this Act; (xii) each report,
document, study, or publication prepared by independent
consultants or other independent contractors for the public
body; (xiii) all other information required by law to be made
available for public inspection or copying; (xiv) information
relating to any grant or contract made by or between a public
body and another public body or private organization; (xv)
waiver documents filed with the State Superintendent of
Education or the president of the University of Illinois under
Section 30-12.5 of the School Code, concerning nominees for
General Assembly scholarships under Sections 30-9, 30-10, and
30-11 of the School Code; (xvi) complaints, results of
complaints, and Department of Children and Family Services
staff findings of licensing violations at day care facilities,
provided that personal and identifying information is not
released; and (xvii) records, reports, forms, writings,

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letters, memoranda, books, papers, and other documentary
information, regardless of physical form or characteristics,
having been prepared, or having been or being used, received,
possessed, or under the control of the Illinois Sports
Facilities Authority dealing with the receipt or expenditure of
public funds or other funds of the Authority in connection with
the reconstruction, renovation, remodeling, extension, or
improvement of all or substantially all of an existing
"facility" as that term is defined in the Illinois Sports
Facilities Authority Act.
(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.

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(Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01;
92-468, eff. 8-22-01; 92-547, eff. 6-13-02; 92-651, eff.
7-11-02.)
(5 ILCS 140/2.5 new)
Sec. 2.5. Records of funds. All records relating to the
obligation, receipt, and use of public funds of the State,
units of local government, and school districts are public
records subject to inspection and copying by the public.
(5 ILCS 140/2.10 new)
Sec. 2.10. Payrolls. Certified payroll records submitted
to a public body under Section 5(a)(2) of the Prevailing Wage
Act are public records subject to inspection and copying in
accordance with the provisions of this Act; except that
contractors' employees' addresses, telephone numbers, and
social security numbers must be redacted by the public body
prior to disclosure.
(5 ILCS 140/2.15 new)
Sec. 2.15. Arrest reports and criminal history records.
(a) Arrest reports. The following chronologically
maintained arrest and criminal history information maintained
by State or local criminal justice agencies shall be furnished
as soon as practical, but in no event later than 72 hours after
the arrest, notwithstanding the time limits otherwise provided

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for in Section 3 of this Act: (i) information that identifies
the individual, including the name, age, address, and
photograph, when and if available; (ii) information detailing
any charges relating to the arrest; (iii) the time and location
of the arrest; (iv) the name of the investigating or arresting
law enforcement agency; (v) if the individual is incarcerated,
the amount of any bail or bond; and (vi) if the individual is
incarcerated, the time and date that the individual was
received into, discharged from, or transferred from the
arresting agency's custody.
(b) Criminal history records. The following documents
maintained by a public body pertaining to criminal history
record information are public records subject to inspection and
copying by the public pursuant to this Act: (i) court records
that are public; (ii) records that are otherwise available
under State or local law; and (iii) records in which the
requesting party is the individual identified, except as
provided under Section 7(1)(d)(vi).
(c) Information described in items (iii) through (vi) of
subsection (a) may be withheld if it is determined that
disclosure would: (i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings conducted
by any law enforcement agency; (ii) endanger the life or
physical safety of law enforcement or correctional personnel or
any other person; or (iii) compromise the security of any
correctional facility.

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(d) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(5 ILCS 140/2.20 new)
Sec. 2.20. Settlement agreements. All settlement
agreements entered into by or on behalf of a public body are
public records subject to inspection and copying by the public,
provided that information exempt from disclosure under Section
7 of this Act may be redacted.
(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
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 written 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.
(c) Requests for inspection or copies shall be made in
writing and directed to the public body. Written requests may

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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
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) (c) Each public body shall, promptly, either comply
with or deny a written request for public records within 5
business 7 working 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 by
letter as provided in Section 9 of this Act. Failure to comply
with respond to a written request, extend the time for
response, or deny a request within 5 business days 7 working
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) (d) The time for response under limits prescribed in

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paragraph (c) of this Section may be extended by the public
body in each case for not more than 5 business 7 additional
working 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
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

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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) (e) When additional time is required for any of the
above reasons, the public body shall, within 5 business days
after receipt of the request, notify by letter the person
making the written request within the time limits specified by
paragraph (c) of this Section of the reasons for the extension
delay and the date by which the response records will be made
available or denial 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). In no instance, may the delay in
processing last longer than 7 working days. A failure to render
a decision within 7 working days shall be considered a denial

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of the request.
(g) (f) 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
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 for the same public records
by the same person shall be deemed unduly burdensome under this
provision.
(h) (g) 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

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made available, and
(ii) the persons from whom such records may be
obtained.
(i) 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. 90-206, eff. 7-25-97.)
(5 ILCS 140/3.1 new)
Sec. 3.1. Requests for commercial purposes.
(a) A public body 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 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) Unless the records are exempt from disclosure, a public
body shall comply with a request within a reasonable period

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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.
(5 ILCS 140/3.3 new)
Sec. 3.3. This Act is not intended to compel public bodies
to interpret or advise requesters as to the meaning or
significance of the public records.
(5 ILCS 140/3.5 new)
Sec. 3.5. Freedom of Information officers.
(a) Each public body shall designate one or more officials
or employees to act as its Freedom of Information officer or
officers. Except in instances when records are furnished
immediately, Freedom of Information officers, or their
designees, shall receive requests submitted to the public body
under this Act, ensure that the public body responds to
requests in a timely fashion, and issue responses under this
Act. Freedom of Information officers shall develop a list of
documents or categories of records that the public body shall
immediately disclose upon request.
Upon receiving a request for a public record, the Freedom
of Information officer shall:

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(1) note the date the public body receives the written
request;
(2) compute the day on which the period for response
will expire and make a notation of that date on the written
request;
(3) maintain an electronic or paper copy of a written
request, including all documents submitted with the
request until the request has been complied with or denied;
and
(4) create a file for the retention of the original
request, a copy of the response, a record of written
communications with the requester, and a copy of other
communications.
(b) All Freedom of Information officers shall, within 6
months after the effective date of this amendatory Act of the
96th General Assembly, successfully complete an electronic
training curriculum to be developed by the Public Access
Counselor and thereafter successfully complete an annual
training program. Thereafter, whenever a new Freedom of
Information officer is designated by a public body, that person
shall successfully complete the electronic training curriculum
within 30 days after assuming the position. Successful
completion of the required training curriculum within the
periods provided shall be a prerequisite to continue serving as
a Freedom of Information officer.

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(5 ILCS 140/4) (from Ch. 116, par. 204)
Sec. 4. Each public body shall prominently display at each
of its administrative or regional offices, make available for
inspection and copying, and send through the mail if requested,
each of the following:
(a) A brief description of itself, which will include, but
not be limited to, a short summary of its purpose, a block
diagram giving its functional subdivisions, the total amount of
its operating budget, the number and location of all of its
separate offices, the approximate number of full and part-time
employees, and the identification and membership of any board,
commission, committee, or council which operates in an advisory
capacity relative to the operation of the public body, or which
exercises control over its policies or procedures, or to which
the public body is required to report and be answerable for its
operations; and
(b) A brief description of the methods whereby the public
may request information and public records, a directory
designating the Freedom of Information officer or officers, the
address where by titles and addresses those employees to whom
requests for public records should be directed, and any fees
allowable under Section 6 of this Act.
(c) A public body that maintains a website shall also post
this information on its website.
(Source: P.A. 83-1013.)

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(5 ILCS 140/6) (from Ch. 116, par. 206)
Sec. 6. Authority to charge fees.
(a) When a person requests a copy of a record maintained in
an electronic format, the public body shall furnish it in the
electronic format specified by the requester, if feasible. If
it is not feasible to furnish the public records in the
specified electronic format, then the public body shall furnish
it in the format in which it is maintained by the public body,
or in paper format at the option of the requester. A public
body may charge the requester for the actual cost of purchasing
the recording medium, whether disc, diskette, tape, or other
medium. A public body may not charge the requester for the
costs of any search for and review of the records or other
personnel costs associated with reproducing the records.
Except to the extent that the General Assembly expressly
provides, statutory fees applicable to copies of public records
when furnished in a paper format shall not be applicable to
those records when furnished in an electronic format.
(b) (a) Except when a fee is otherwise fixed by statute,
each Each public body may charge fees reasonably calculated to
reimburse its actual cost for reproducing and certifying public
records and for the use, by any person, of the equipment of the
public body to copy records. No fees shall be charged for the
first 50 pages of black and white, letter or legal sized copies
requested by a requester. The fee for black and white, letter
or legal sized copies shall not exceed 15 cents per page. If a

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public body provides copies in color or in a size other than
letter or legal, the public body may not charge more than its
actual cost for reproducing the records. In calculating its
actual cost for reproducing records or for the use of the
equipment of the public body to reproduce records, a public
body shall not include Such fees shall exclude the costs of any
search for and review of the records or other personnel costs
associated with reproducing the records record, and shall not
exceed the actual cost of reproduction and certification,
unless otherwise provided by State statute. Such fees shall be
imposed according to a standard scale of fees, established and
made public by the body imposing them. The cost for certifying
a record shall not exceed $1.
(c) (b) Documents shall be furnished without charge or at a
reduced charge, as determined by the public body, if the person
requesting the documents states the specific purpose for the
request and indicates that a waiver or reduction of the fee is
in the public interest. Waiver or reduction of the fee is in
the public interest if the principal purpose of the request is
to access and disseminate information regarding the health,
safety and welfare or the legal rights of the general public
and is not for the principal purpose of personal or commercial
benefit. For purposes of this subsection, "commercial benefit"
shall not apply to requests made by news media when the
principal purpose of the request is to access and disseminate
information regarding the health, safety, and welfare or the

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legal rights of the general public. In setting the amount of
the waiver or reduction, the public body may take into
consideration the amount of materials requested and the cost of
copying them.
(d) (c) The purposeful imposition of a fee not consistent
with subsections (6)(a) and (b) of this Act constitutes shall
be considered a denial of access to public records for the
purposes of judicial review.
(d) The fee for each an abstract of a driver's record shall
be as provided in Section 6-118 of "The Illinois Vehicle Code",
approved September 29, 1969, as amended, whether furnished as a
paper copy or as an electronic copy.
(Source: P.A. 90-144, eff. 7-23-97.)
(5 ILCS 140/7) (from Ch. 116, par. 207)
(Text of Section after amendment by P.A. 95-988)
Sec. 7. Exemptions.
(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 The following shall be exempt
from inspection and copying:
(a) Information specifically prohibited from

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disclosure by federal or State law or rules and regulations
implementing adopted under 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.
(c) Personal information contained within public
records, the disclosure of which (b) Information that, if
disclosed, 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 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. Information exempted under this
subsection (b) shall include but is not limited to:
(i) files and personal information maintained with
respect to clients, patients, residents, students or
other individuals receiving social, medical,
educational, vocational, financial, supervisory or
custodial care or services directly or indirectly from
federal agencies or public bodies;
(ii) personnel files and personal information

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maintained with respect to employees, appointees or
elected officials of any public body or applicants for
those positions;
(iii) files and personal information maintained
with respect to any applicant, registrant or licensee
by any public body cooperating with or engaged in
professional or occupational registration, licensure
or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any tax
unless disclosure is otherwise required by State
statute;
(v) information revealing the identity of persons
who file complaints with or provide information to
administrative, investigative, law enforcement or
penal agencies; provided, however, that identification
of witnesses to traffic accidents, traffic accident
reports, and rescue reports may be provided by agencies
of local government, except in a case for which a
criminal investigation is ongoing, without
constituting a clearly unwarranted per se invasion of
personal privacy under this subsection;
(vi) the names, addresses, or other personal
information of participants and registrants in park
district, forest preserve district, and conservation
district programs; and

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(vii) the Notarial Record or other medium
containing the thumbprint or fingerprint required by
Section 3-102(c)(6) of the Illinois Notary Public Act.
(d) (c) Records in the possession of compiled by any
public body created in the course of for administrative
enforcement proceedings, and any law enforcement or
correctional agency for law enforcement purposes, or for
internal matters of a public body, 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 pending administrative
enforcement proceedings conducted by the any public
body that is the recipient of the request;
(iii) create a substantial likelihood that deprive
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
witnesses to traffic accidents, traffic accident

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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 a confidential source or confidential
information furnished only by the confidential source;
(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) constitute an invasion of personal privacy
under subsection (b) of this Section;
(vi) (vii) endanger the life or physical safety of
law enforcement personnel or any other person; or
(vii) (viii) obstruct an ongoing criminal
investigation by the agency that is the recipient of
the request.
(d) Criminal history record information maintained by
State or local criminal justice agencies, except the
following which shall be open for public inspection and
copying:
(i) chronologically maintained arrest information,
such as traditional arrest logs or blotters;

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(ii) the name of a person in the custody of a law
enforcement agency and the charges for which that
person is being held;
(iii) court records that are public;
(iv) records that are otherwise available under
State or local law; or
(v) records in which the requesting party is the
individual identified, except as provided under part
(vii) of paragraph (c) of subsection (1) of this
Section.
"Criminal history record information" means data
identifiable to an individual and consisting of
descriptions or notations of arrests, detentions,
indictments, informations, pre-trial proceedings, trials,
or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and the
nature of any disposition arising therefrom, including
sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are
not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.

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(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,
privileged or confidential, and that or where disclosure of
the trade secrets or commercial or financial information
would may cause competitive harm to the person or business,
and only insofar as the claim directly applies to the
records requested. , including:
(i) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(i) (ii) 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

SB0189 Enrolled - 35 - LRB096 07744 JAM 17845 b
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
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

SB0189 Enrolled - 36 - LRB096 07744 JAM 17845 b
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 Test questions, scoring keys and other
examination data used to administer an academic
examination; or determined the qualifications of an
applicant for a license or employment.
(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
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,

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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, including but not limited to water treatment
facilities, airport facilities, sport stadiums, convention
centers, and all government owned, operated, or occupied
buildings.
(l) Library circulation and order records identifying
library users with specific materials.
(l) (m) 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) (n) 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
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) (o) Records relating to a public body's
adjudication of employee grievances or disciplinary cases;

SB0189 Enrolled - 38 - LRB096 07744 JAM 17845 b
however, this exemption shall not extend to the final
outcome of cases in which discipline is imposed Information
received by a primary or secondary school, college or
university under its procedures for the evaluation of
faculty members by their academic peers.
(o) (p) 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) (q) Records Documents or materials 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) (r) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment. Drafts, notes,
recommendations and memoranda pertaining to the financing
and marketing transactions of the public body. The records
of ownership, registration, transfer, and exchange of

SB0189 Enrolled - 39 - LRB096 07744 JAM 17845 b
municipal debt obligations, and of persons to whom payment
with respect to these obligations is made.
(r) (s) 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) (t) 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.
(u) Information concerning a university's adjudication
of student or employee grievance or disciplinary cases, to
the extent that disclosure would reveal the identity of the
student or employee and information concerning any public
body's adjudication of student or employee grievances or

SB0189 Enrolled - 40 - LRB096 07744 JAM 17845 b
disciplinary cases, except for the final outcome of the
cases.
(v) Course materials or research materials used by
faculty members.
(w) Information related solely to the internal
personnel rules and practices of a public body.
(t) (x) 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.
(y) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State tax
or that relate to investigations by a public body to
determine violation of any criminal law.
(aa) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(bb) Insurance or self insurance (including any
intergovernmental risk management association or self

SB0189 Enrolled - 41 - LRB096 07744 JAM 17845 b
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(cc) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(dd) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(ee) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(ff) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(gg) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(hh) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act.
(u) (ii) Information Beginning July 1, 1999,

SB0189 Enrolled - 42 - LRB096 07744 JAM 17845 b
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.
(jj) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(kk) Information and data concerning the distribution
of surcharge moneys collected and remitted by wireless
carriers under the Wireless Emergency Telephone Safety
Act.
(v) (ll) 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

SB0189 Enrolled - 43 - LRB096 07744 JAM 17845 b
protocols, or to tactical operations.
(x) (mm) 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.
(nn) Law enforcement officer identification
information or driver identification information compiled
by a law enforcement agency or the Department of
Transportation under Section 11-212 of the Illinois
Vehicle Code.
(oo) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(pp) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(qq) Defense budgets and petitions for certification
of compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (qq) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.

SB0189 Enrolled - 44 - LRB096 07744 JAM 17845 b
(y) (rr) Information contained in or related to
proposals, 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.
(ss) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry 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) (2) 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. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664,
eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.
8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised
10-20-08.)

SB0189 Enrolled - 45 - LRB096 07744 JAM 17845 b
(5 ILCS 140/7.5 new)
Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records
Confidentiality Act.
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(g) Information the disclosure of which is restricted and

SB0189 Enrolled - 46 - LRB096 07744 JAM 17845 b
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office
that would be exempt if created or obtained by an Executive
Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.
(k) Law enforcement officer identification information or
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death review
team or the Executive Council under the Abuse Prevention Review
Team Act.
(m) Information provided to the predatory lending database
created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that
Article.
(n) Defense budgets and petitions for certification of

SB0189 Enrolled - 47 - LRB096 07744 JAM 17845 b
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution
chooses not to pursue the death penalty prior to trial or
sentencing.
(o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
(5 ILCS 140/9) (from Ch. 116, par. 209)
Sec. 9. (a) Each public body or head of a public body
denying a request for public records shall notify the requester
in writing by letter the person making the request of the

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decision to deny the request such, the reasons for the denial,
including a detailed factual basis for the application of any
exemption claimed, and the names and titles or positions of
each person responsible for the denial. Each notice of denial
by a public body shall also inform such person of the his right
to review by the Public Access Counselor and provide the
address and phone number for the Public Access Counselor appeal
to the head of the public body. Each notice of denial of an
appeal by the head of a public body shall inform such person of
his right to judicial review under Section 11 of this Act.
(b) When a request for public records is denied on the
grounds that the records are exempt under Section 7 of this
Act, the notice of denial shall specify the exemption claimed
to authorize the denial and the specific reasons for the
denial, including a detailed factual basis and a citation to
supporting legal authority. Copies of all notices of denial
shall be retained by each public body in a single central
office file that is open to the public and indexed according to
the type of exemption asserted and, to the extent feasible,
according to the types of records requested.
(c) Any person making a request for public records shall be
deemed to have exhausted his or her administrative remedies
with respect to that request if the public body fails to act
within the time periods provided in Section 3 of this Act.
(Source: P.A. 83-1013.)

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(5 ILCS 140/9.5 new)
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 public body that receives a request for records, and
asserts that the records are exempt under subsection (1)(c) or
(1)(f) of Section 7 of this Act, shall, within the time periods
provided for responding to a request, provide written notice to
the requester and the Public Access Counselor of its intent to
deny the request in whole or in part. The notice shall include:
(i) a copy of the request for access to records; (ii) the
proposed response from the public body; and (iii) a detailed
summary of the public body's basis for asserting the exemption.
Upon receipt of a notice of intent to deny from a public body,
the Public Access Counselor shall determine whether further
inquiry is warranted. Within 5 working days after receipt of
the notice of intent to deny, the Public Access Counselor shall
notify the public body and the requester whether further
inquiry is warranted. If the Public Access Counselor determines

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that further inquiry is warranted, the procedures set out in
this Section regarding the review of denials, including the
production of documents, shall also be applicable to the
inquiry and resolution of a notice of intent to deny from a
public body. Times for response or compliance by the public
body under Section 3 of this Act shall be tolled until the
Public Access Counselor concludes his or her inquiry.
(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
working days after receipt and shall specify the records or
other documents that the public body shall furnish to
facilitate the review. Within 7 working 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. To the extent that records or documents produced by a
public body contain information that is claimed to be exempt

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from disclosure under Section 7 of this Act, the Public Access
Counselor shall not further disclose that information.
(d) Within 7 working 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 working 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 21 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

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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

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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.
(5 ILCS 140/11) (from Ch. 116, par. 211)
Sec. 11. (a) Any person denied access to inspect or copy
any public record by the head of a public body may file suit
for injunctive or declaratory relief.
(b) Where the denial is from the head of 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 the head of 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

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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

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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 substantially prevails in a proceeding
under this Section, the court shall may award such person
reasonable 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 the effective date of this
amendatory Act of the 96th General Assembly. If, however, the
court finds that the fundamental purpose of the request was to
further the commercial interests of the requestor, the court
may award reasonable attorneys' fees and costs if the court
finds that the record or records in question were of clearly
significant interest to the general public and that the public
body lacked any reasonable basis in law for withholding the
record.

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(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 that $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 changes
contained in this subsection apply to an action filed on or
after the effective date of this amendatory Act of the 96th
General Assembly.
(Source: P.A. 93-466, eff. 1-1-04.)
(5 ILCS 140/11.5 new)
Sec. 11.5. Administrative review. A binding opinion issued
by the Attorney General shall be considered a final decision of
an administrative agency, for purposes of administrative
review under the Administrative Review Law (735 ILCS 5/Art.
III). An action for administrative review of a binding opinion
of the Attorney General shall be commenced in Cook or Sangamon
County. An advisory opinion issued to a public body shall not
be considered a final decision of the Attorney General for
purposes of this Section.
(5 ILCS 140/7.1 rep.)
(5 ILCS 140/8 rep.)

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(5 ILCS 140/10 rep.)
Section 15. The Freedom of Information Act is amended by
repealing Sections 7.1, 8, and 10.
Section 20. The Attorney General Act is amended by changing
Section 4 and by adding Section 7 as follows:
(15 ILCS 205/4) (from Ch. 14, par. 4)
Sec. 4. The duties of the Attorney General shall be--
First - To appear for and represent the people of the State
before the supreme court in all cases in which the State or the
people of the State are interested.
Second - To institute and prosecute all actions and
proceedings in favor of or for the use of the State, which may
be necessary in the execution of the duties of any State
officer.
Third - To defend all actions and proceedings against any
State officer, in his official capacity, in any of the courts
of this State or the United States.
Fourth - To consult with and advise the several State's
Attorneys in matters relating to the duties of their office;
and when, in his judgment, the interest of the people of the
State requires it, he shall attend the trial of any party
accused of crime, and assist in the prosecution. When the
Attorney General has requested in writing that a State's
Attorney initiate court proceedings to enforce any provisions

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of the Election Code or to initiate a criminal prosecution with
respect to a violation of the Election Code, and when the
State's Attorney has declined in writing to initiate those
proceedings or prosecutions or when the State's Attorney has
neither initiated the proceedings or prosecutions nor
responded in writing to the Attorney General within 60 days of
the receipt of the request, the Attorney General may,
concurrently with or independently of the State's Attorney,
initiate such proceedings or prosecutions. The Attorney
General may investigate and prosecute any violation of the
Election Code at the request of the State Board of Elections or
a State's Attorney.
Fifth - To investigate alleged violations of the statutes
which the Attorney General has a duty to enforce and to conduct
other investigations in connection with assisting in the
prosecution of a criminal offense at the request of a State's
Attorney.
Sixth - To consult with and advise the governor and other
State officers, and give, when requested, written opinions upon
all legal or constitutional questions relating to the duties of
such officers respectively.
Seventh - To prepare, when necessary, proper drafts for
contracts and other writings relating to subjects in which the
State is interested.
Eighth - To give written opinions, when requested by either
branch of the general assembly, or any committee thereof, upon

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constitutional or legal questions.
Ninth - To enforce the proper application of funds
appropriated to the public institutions of the State, prosecute
breaches of trust in the administration of such funds, and,
when necessary, prosecute corporations for failure or refusal
to make the reports required by law.
Tenth - To keep, a register of all cases prosecuted or
defended by him, in behalf of the State or its officers, and of
all proceedings had in relation thereto, and to deliver the
same to his successor in office.
Eleventh - To keep on file in his office a copy of the
official opinions issued by the Attorney General and deliver
same to his successor.
Twelfth - To pay into the State treasury all moneys
received by him for the use of the State.
Thirteenth - To attend to and perform any other duty which
may, from time to time, be required of him by law.
Fourteenth - To attend, present evidence to and prosecute
indictments returned by each Statewide Grand Jury.
Fifteenth - To give written binding and advisory public
access opinions as provided in Section 7 of this Act.
(Source: P.A. 94-291, eff. 7-21-05; 95-699, eff. 11-9-07.)
(15 ILCS 205/7 new)
Sec. 7. Public Access Counselor.
(a) The General Assembly finds that members of the public

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have encountered obstacles in obtaining copies of public
records from units of government, and that many of those
obstacles result from difficulties that both members of the
public and public bodies have had in interpreting and applying
the Freedom of Information Act. The General Assembly further
finds that members of the public have encountered difficulties
in resolving alleged violations of the Open Meetings Act. The
public's significant interest in access to public records and
in open meetings would be better served if there were a central
office available to provide advice and education with respect
to the interpretation and implementation of the Freedom of
Information Act and the Open Meetings Act.
(b) Therefore, there is created in the Office of the
Attorney General the Office of Public Access Counselor. The
Attorney General shall appoint a Public Access Counselor, who
shall be an attorney licensed to practice in Illinois. The
Public Access Counselor's Office shall be comprised of the
Public Access Counselor and such assistant attorneys general
and other staff as are deemed necessary by the Attorney
General.
(c) Through the Public Access Counselor, the Attorney
General shall have the power:
(1) to establish and administer a program to provide
free training for public officials and to educate the
public on the rights of the public and the responsibilities
of public bodies under the Freedom of Information Act and

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the Open Meetings Act;
(2) to prepare and distribute interpretive or
educational materials and programs;
(3) to resolve disputes involving a potential
violation of the Open Meetings Act or the Freedom of
Information Act in response to a request for review
initiated by an aggrieved party, as provided in those Acts,
by mediating or otherwise informally resolving the dispute
or by issuing a binding opinion; except that the Attorney
General may not issue an opinion concerning a specific
matter with respect to which a lawsuit has been filed under
Section 3 of the Open Meetings Act or Section 11 of the
Freedom of Information Act;
(4) to issue advisory opinions with respect to the Open
Meetings Act and the Freedom of Information Act either in
response to a request for review or otherwise;
(5) to respond to informal inquiries made by the public
and public bodies;
(6) to conduct research on compliance issues;
(7) to make recommendations to the General Assembly
concerning ways to improve access to public records and
public access to the processes of government;
(8) to develop and make available on the Attorney
General's website or by other means an electronic training
curriculum for Freedom of Information officers;
(9) to develop and make available on the Attorney

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General's website or by other means an electronic Open
Meetings Act training curriculum for employees, officers,
and members designated by public bodies;
(10) to prepare and distribute to public bodies model
policies for compliance with the Freedom of Information
Act; and
(11) to promulgate rules to implement these powers.
(d) To accomplish the objectives and to carry out the
duties prescribed by this Section, the Public Access Counselor,
in addition to other powers conferred upon him or her by this
Section, may request that subpoenas be issued by the Attorney
General in accordance with the provisions of Section 9.5 of the
Freedom of Information Act and Section 3.5 of the Open Meetings
Act. Service by the Attorney General of any subpoena upon any
person shall be made:
(i) personally by delivery of a duly executed
copy thereof to the person to be served, or in the
case of a public body, in the manner provided in
Section 2-211 of the Civil Practice Law; or
(ii) by mailing by certified mail a duly
executed copy thereof to the person to be served at
his or her last known abode or, in the case of a
public body, to its principal place of business.
(e) If any person or public body fails or refuses to obey
any subpoena issued pursuant to this Section, the Attorney
General may file a complaint in the circuit court to:

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(i) obtain compliance with the subpoena;
(ii) obtain injunctive relief to prevent a
violation of the Open Meetings Act or Freedom of
Information Act; and
(iii) obtain such other relief as may be
required.
(f) The Attorney General has the authority to file an
action in the circuit court of Cook or Sangamon County for
injunctive or other relief to compel compliance with a binding
opinion issued pursuant to Section 3.5 of the Open Meetings Act
or Section 9.5 of the Freedom of Information Act, to prevent a
violation of the Open Meetings Act or the Freedom of
Information Act, and for such other relief as may be required.
(g) The Attorney General shall post his or her binding
opinions issued pursuant to Section 3.5 of the Open Meetings
Act or Section 9.5 of the Freedom of Information Act and any
rules on the official website of the Office of the Attorney
General, with links to those opinions from the official home
page, and shall make them available for immediate inspection in
his or her office.
Section 99. Effective date. This Act takes effect January