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