HB0956sam001 93RD GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 5/5/2004

09300HB0956sam001 LRB093 05766 JAM 50494 a

AMENDMENT TO HOUSE BILL 956

AMENDMENT NO. ______. Amend House Bill 956 by replacing everything after the enacting clause with the following:

"Section 5. The Freedom of Information Act is amended by changing Section 11 as follows:

(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 within 60 days after the notice of denial is sent, for any denial made on or after the effective date of this amendatory Act of the 93rd General Assembly. For any denial made prior to the effective date of this amendatory Act of the 93rd General Assembly, suit may be filed in the circuit court in a like manner within 60 days after the effective date of this amendatory Act of the 93rd General Assembly.

(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 within 60 days after the notice of denial is sent, for any denial made on or after the effective date of this amendatory Act of the 93rd General Assembly. For any denial made prior to the effective date of this amendatory Act of the 93rd General Assembly, suit may be filed in the circuit court in a like manner within 60 days after the effective date of this amendatory Act of the 93rd General Assembly.

(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.

(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.

(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 may award such person reasonable attorneys' fees and costs. 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.

(Source: P.A. 93-466, eff. 1-1-04.)

Section 99. Effective date. This Act takes effect upon becoming law.".