96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2978

 

Introduced 2/3/2010, by Sen. John J. Millner

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7   from Ch. 116, par. 207
5 ILCS 140/11   from Ch. 116, par. 211

    Amends the Freedom of Information Act. Makes changes with respect to the exemptions from disclosure for personal information of public employees and officials, for the investigation, settlement, and adjudication of public employee grievances or disciplinary cases, and for administrative enforcement and law enforcement records. Permits (now, requires) a court to award reasonable attorney fees and court costs to a person who prevails in a proceeding to enforce disclosure of records. Effective January 1, 2011.


LRB096 19762 JAM 35198 b

 

 

A BILL FOR

 

SB2978 LRB096 19762 JAM 35198 b

1     AN ACT concerning government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Freedom of Information Act is amended by
5 changing Sections 7 and 11 as follows:
 
6     (5 ILCS 140/7)  (from Ch. 116, par. 207)
7     (Text of Section before amendment by P.A. 96-736)
8     Sec. 7. Exemptions.
9     (1) When a request is made to inspect or copy a public
10 record that contains information that is exempt from disclosure
11 under this Section, but also contains information that is not
12 exempt from disclosure, the public body may elect to redact the
13 information that is exempt. The public body shall make the
14 remaining information available for inspection and copying.
15 Subject to this requirement, the following shall be exempt from
16 inspection and copying:
17         (a) Information specifically prohibited from
18     disclosure by federal or State law or rules and regulations
19     implementing federal or State law.
20         (b) Private information, unless disclosure is required
21     by another provision of this Act, a State or federal law or
22     a court order.
23         (b-5) Files, documents, and other data or databases

 

 

SB2978 - 2 - LRB096 19762 JAM 35198 b

1     maintained by one or more law enforcement agencies and
2     specifically designed to provide information to one or more
3     law enforcement agencies regarding the physical or mental
4     status of one or more individual subjects.
5         (c) Personal information contained within public
6     records, the disclosure of which would constitute a clearly
7     unwarranted invasion of personal privacy, unless the
8     disclosure is consented to in writing by the individual
9     subjects of the information. "Unwarranted invasion of
10     personal privacy" means the disclosure of information that
11     is highly personal or objectionable to a reasonable person
12     and in which the subject's right to privacy outweighs any
13     legitimate public interest in obtaining the information.
14     The disclosure of information that bears on the public
15     duties of public employees and officials shall not be
16     considered an invasion of personal privacy, subject to the
17     other exemptions provided in this Section.
18         (d) Records in the possession of any public body
19     created in the course of administrative enforcement
20     proceedings, and any law enforcement or correctional
21     agency for law enforcement purposes, but only to the extent
22     that disclosure would:
23             (i) interfere with pending or actually and
24         reasonably contemplated law enforcement proceedings
25         conducted by any law enforcement or correctional
26         agency that is the recipient of the request. ;

 

 

SB2978 - 3 - LRB096 19762 JAM 35198 b

1             (ii) interfere with pending active administrative
2         enforcement proceedings conducted by any the public
3         body. that is the recipient of the request;
4             (iii) create a substantial likelihood that a
5         person will be deprived of a fair trial or an impartial
6         hearing. ;
7             (iv) unavoidably disclose the identity of a
8         confidential source or , confidential information
9         furnished only by a the confidential source. , or
10         persons who file complaints with or provide
11         information to administrative, investigative, law
12         enforcement, or penal agencies; except that the
13         identities of witnesses to traffic accidents, traffic
14         accident reports, and rescue reports shall be provided
15         by agencies of local government, except when
16         disclosure would interfere with an active criminal
17         investigation conducted by the agency that is the
18         recipient of the request;
19             (v) disclose unique or specialized investigative
20         techniques other than those generally used and known or
21         disclose internal documents of correctional agencies
22         related to detection, observation or investigation of
23         incidents of crime or misconduct. , and disclosure
24         would result in demonstrable harm to the agency or
25         public body that is the recipient of the request;
26             (vi) endanger the life or physical safety of law

 

 

SB2978 - 4 - LRB096 19762 JAM 35198 b

1         enforcement personnel or any other person. ; or
2             (vii) obstruct an ongoing criminal investigation
3         by the agency that is the recipient of the request.
4         (e) Records that relate to or affect the security of
5     correctional institutions and detention facilities.
6         (f) Preliminary drafts, notes, recommendations,
7     memoranda and other records in which opinions are
8     expressed, or policies or actions are formulated, except
9     that a specific record or relevant portion of a record
10     shall not be exempt when the record is publicly cited and
11     identified by the head of the public body. The exemption
12     provided in this paragraph (f) extends to all those records
13     of officers and agencies of the General Assembly that
14     pertain to the preparation of legislative documents.
15         (g) Trade secrets and commercial or financial
16     information obtained from a person or business where the
17     trade secrets or commercial or financial information are
18     furnished under a claim that they are proprietary,
19     privileged or confidential, and that disclosure of the
20     trade secrets or commercial or financial information would
21     cause competitive harm to the person or business, and only
22     insofar as the claim directly applies to the records
23     requested.
24         The information included under this exemption includes
25     all All trade secrets and commercial or financial
26     information obtained by a public body, including a public

 

 

SB2978 - 5 - LRB096 19762 JAM 35198 b

1     pension fund, from a private equity fund or a privately
2     held company within the investment portfolio of a private
3     equity fund as a result of either investing or evaluating a
4     potential investment of public funds in a private equity
5     fund. The exemption contained in this item does not apply
6     to the aggregate financial performance information of a
7     private equity fund, nor to the identity of the fund's
8     managers or general partners. The exemption contained in
9     this item does not apply to the identity of a privately
10     held company within the investment portfolio of a private
11     equity fund, unless the disclosure of the identity of a
12     privately held company may cause competitive harm.
13         Nothing contained in this paragraph (g) shall be
14     construed to prevent a person or business from consenting
15     to disclosure.
16         (h) Proposals and bids for any contract, grant, or
17     agreement, including information which if it were
18     disclosed would frustrate procurement or give an advantage
19     to any person proposing to enter into a contractor
20     agreement with the body, until an award or final selection
21     is made. Information prepared by or for the body in
22     preparation of a bid solicitation shall be exempt until an
23     award or final selection is made.
24         (i) Valuable formulae, computer geographic systems,
25     designs, drawings and research data obtained or produced by
26     any public body when disclosure could reasonably be

 

 

SB2978 - 6 - LRB096 19762 JAM 35198 b

1     expected to produce private gain or public loss. The
2     exemption for "computer geographic systems" provided in
3     this paragraph (i) does not extend to requests made by news
4     media as defined in Section 2 of this Act when the
5     requested information is not otherwise exempt and the only
6     purpose of the request is to access and disseminate
7     information regarding the health, safety, welfare, or
8     legal rights of the general public.
9         (j) The following information pertaining to
10     educational matters:
11             (i) test questions, scoring keys and other
12         examination data used to administer an academic
13         examination;
14             (ii) information received by a primary or
15         secondary school, college, or university under its
16         procedures for the evaluation of faculty members by
17         their academic peers;
18             (iii) information concerning a school or
19         university's adjudication of student disciplinary
20         cases, but only to the extent that disclosure would
21         unavoidably reveal the identity of the student; and
22             (iv) course materials or research materials used
23         by faculty members.
24         (k) Architects' plans, engineers' technical
25     submissions, and other construction related technical
26     documents for projects not constructed or developed in

 

 

SB2978 - 7 - LRB096 19762 JAM 35198 b

1     whole or in part with public funds and the same for
2     projects constructed or developed with public funds,
3     including but not limited to power generating and
4     distribution stations and other transmission and
5     distribution facilities, water treatment facilities,
6     airport facilities, sport stadiums, convention centers,
7     and all government owned, operated, or occupied buildings,
8     but only to the extent that disclosure would compromise
9     security.
10         (l) Minutes of meetings of public bodies closed to the
11     public as provided in the Open Meetings Act until the
12     public body makes the minutes available to the public under
13     Section 2.06 of the Open Meetings Act.
14         (m) Communications between a public body and an
15     attorney or auditor representing the public body that would
16     not be subject to discovery in litigation, and materials
17     prepared or compiled by or for a public body in
18     anticipation of a criminal, civil or administrative
19     proceeding upon the request of an attorney advising the
20     public body, and materials prepared or compiled with
21     respect to internal audits of public bodies.
22         (n) Records relating to a public body's investigation,
23     settlement, and adjudication of employee grievances or
24     disciplinary cases; however, this exemption shall not
25     extend to cases in which criminal charges are filed for
26     which disclosure of information shall be governed by that

 

 

SB2978 - 8 - LRB096 19762 JAM 35198 b

1     which may be disclosed under the provisions of subsection
2     (a) of Section 2.15 until there is a final non-appealable
3     conviction the final outcome of cases in which discipline
4     is imposed.
5         (o) Administrative or technical information associated
6     with automated data processing operations, including but
7     not limited to software, operating protocols, computer
8     program abstracts, file layouts, source listings, object
9     modules, load modules, user guides, documentation
10     pertaining to all logical and physical design of
11     computerized systems, employee manuals, and any other
12     information that, if disclosed, would jeopardize the
13     security of the system or its data or the security of
14     materials exempt under this Section.
15         (p) Records relating to collective negotiating matters
16     between public bodies and their employees or
17     representatives, except that any final contract or
18     agreement shall be subject to inspection and copying.
19         (q) Test questions, scoring keys, and other
20     examination data used to determine the qualifications of an
21     applicant for a license or employment.
22         (r) The records, documents, and information relating
23     to real estate purchase negotiations until those
24     negotiations have been completed or otherwise terminated.
25     With regard to a parcel involved in a pending or actually
26     and reasonably contemplated eminent domain proceeding

 

 

SB2978 - 9 - LRB096 19762 JAM 35198 b

1     under the Eminent Domain Act, records, documents and
2     information relating to that parcel shall be exempt except
3     as may be allowed under discovery rules adopted by the
4     Illinois Supreme Court. The records, documents and
5     information relating to a real estate sale shall be exempt
6     until a sale is consummated.
7         (s) Any and all proprietary information and records
8     related to the operation of an intergovernmental risk
9     management association or self-insurance pool or jointly
10     self-administered health and accident cooperative or pool.
11     Insurance or self insurance (including any
12     intergovernmental risk management association or self
13     insurance pool) claims, loss or risk management
14     information, records, data, advice or communications.
15         (t) Information contained in or related to
16     examination, operating, or condition reports prepared by,
17     on behalf of, or for the use of a public body responsible
18     for the regulation or supervision of financial
19     institutions or insurance companies, unless disclosure is
20     otherwise required by State law.
21         (u) Information that would disclose or might lead to
22     the disclosure of secret or confidential information,
23     codes, algorithms, programs, or private keys intended to be
24     used to create electronic or digital signatures under the
25     Electronic Commerce Security Act.
26         (v) Vulnerability assessments, security measures, and

 

 

SB2978 - 10 - LRB096 19762 JAM 35198 b

1     response policies or plans that are designed to identify,
2     prevent, or respond to potential attacks upon a community's
3     population or systems, facilities, or installations, the
4     destruction or contamination of which would constitute a
5     clear and present danger to the health or safety of the
6     community, but only to the extent that disclosure could
7     reasonably be expected to jeopardize the effectiveness of
8     the measures or the safety of the personnel who implement
9     them or the public. Information exempt under this item may
10     include such things as details pertaining to the
11     mobilization or deployment of personnel or equipment, to
12     the operation of communication systems or protocols, or to
13     tactical operations.
14         (w) (Blank).
15         (x) Maps and other records regarding the location or
16     security of generation, transmission, distribution,
17     storage, gathering, treatment, or switching facilities
18     owned by a utility, by a power generator, or by the
19     Illinois Power Agency.
20         (y) Information contained in or related to proposals,
21     bids, or negotiations related to electric power
22     procurement under Section 1-75 of the Illinois Power Agency
23     Act and Section 16-111.5 of the Public Utilities Act that
24     is determined to be confidential and proprietary by the
25     Illinois Power Agency or by the Illinois Commerce
26     Commission.

 

 

SB2978 - 11 - LRB096 19762 JAM 35198 b

1         (z) Information about students exempted from
2     disclosure under Sections 10-20.38 or 34-18.29 of the
3     School Code, and information about undergraduate students
4     enrolled at an institution of higher education exempted
5     from disclosure under Section 25 of the Illinois Credit
6     Card Marketing Act of 2009.
7         (bb) Information regarding interments, entombments, or
8     inurnments of human remains that are submitted to the
9     Cemetery Oversight Database under the Cemetery Care Act or
10     the Cemetery Oversight Act, whichever is applicable.
11     (2) A public record that is not in the possession of a
12 public body but is in the possession of a party with whom the
13 agency has contracted to perform a governmental function on
14 behalf of the public body, and that directly relates to the
15 governmental function and is not otherwise exempt under this
16 Act, shall be considered a public record of the public body,
17 for purposes of this Act.
18     (3) This Section does not authorize withholding of
19 information or limit the availability of records to the public,
20 except as stated in this Section or otherwise provided in this
21 Act.
22 (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
23 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10;
24 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10;
25 96-863, eff. 3-1-10.)
 

 

 

SB2978 - 12 - LRB096 19762 JAM 35198 b

1     (Text of Section after amendment by P.A. 96-736)
2     Sec. 7. Exemptions.
3     (1) When a request is made to inspect or copy a public
4 record that contains information that is exempt from disclosure
5 under this Section, but also contains information that is not
6 exempt from disclosure, the public body may elect to redact the
7 information that is exempt. The public body shall make the
8 remaining information available for inspection and copying.
9 Subject to this requirement, the following shall be exempt from
10 inspection and copying:
11         (a) Information specifically prohibited from
12     disclosure by federal or State law or rules and regulations
13     implementing federal or State law.
14         (b) Private information, unless disclosure is required
15     by another provision of this Act, a State or federal law or
16     a court order.
17         (b-5) Files, documents, and other data or databases
18     maintained by one or more law enforcement agencies and
19     specifically designed to provide information to one or more
20     law enforcement agencies regarding the physical or mental
21     status of one or more individual subjects.
22         (c) Personal information contained within public
23     records, the disclosure of which would constitute a clearly
24     unwarranted invasion of personal privacy, unless the
25     disclosure is consented to in writing by the individual
26     subjects of the information. "Unwarranted invasion of

 

 

SB2978 - 13 - LRB096 19762 JAM 35198 b

1     personal privacy" means the disclosure of information that
2     is highly personal or objectionable to a reasonable person
3     and in which the subject's right to privacy outweighs any
4     legitimate public interest in obtaining the information.
5     The disclosure of information that bears on the public
6     duties of public employees and officials shall not be
7     considered an invasion of personal privacy, subject to the
8     other exemptions provided in this Section.
9         (d) Records in the possession of any public body
10     created in the course of administrative enforcement
11     proceedings, and any law enforcement or correctional
12     agency for law enforcement purposes, but only to the extent
13     that disclosure would:
14             (i) interfere with pending or actually and
15         reasonably contemplated law enforcement proceedings
16         conducted by any law enforcement or correctional
17         agency that is the recipient of the request. ;
18             (ii) interfere with pending active administrative
19         enforcement proceedings conducted by any the public
20         body. that is the recipient of the request;
21             (iii) create a substantial likelihood that a
22         person will be deprived of a fair trial or an impartial
23         hearing. ;
24             (iv) unavoidably disclose the identity of a
25         confidential source or , confidential information
26         furnished only by a the confidential source. , or

 

 

SB2978 - 14 - LRB096 19762 JAM 35198 b

1         persons who file complaints with or provide
2         information to administrative, investigative, law
3         enforcement, or penal agencies; except that the
4         identities of witnesses to traffic accidents, traffic
5         accident reports, and rescue reports shall be provided
6         by agencies of local government, except when
7         disclosure would interfere with an active criminal
8         investigation conducted by the agency that is the
9         recipient of the request;
10             (v) disclose unique or specialized investigative
11         techniques other than those generally used and known or
12         disclose internal documents of correctional agencies
13         related to detection, observation or investigation of
14         incidents of crime or misconduct. , and disclosure
15         would result in demonstrable harm to the agency or
16         public body that is the recipient of the request;
17             (vi) endanger the life or physical safety of law
18         enforcement personnel or any other person. ; or
19             (vii) obstruct an ongoing criminal investigation
20         by the agency that is the recipient of the request.
21         (e) Records that relate to or affect the security of
22     correctional institutions and detention facilities.
23         (f) Preliminary drafts, notes, recommendations,
24     memoranda and other records in which opinions are
25     expressed, or policies or actions are formulated, except
26     that a specific record or relevant portion of a record

 

 

SB2978 - 15 - LRB096 19762 JAM 35198 b

1     shall not be exempt when the record is publicly cited and
2     identified by the head of the public body. The exemption
3     provided in this paragraph (f) extends to all those records
4     of officers and agencies of the General Assembly that
5     pertain to the preparation of legislative documents.
6         (g) Trade secrets and commercial or financial
7     information obtained from a person or business where the
8     trade secrets or commercial or financial information are
9     furnished under a claim that they are proprietary,
10     privileged or confidential, and that disclosure of the
11     trade secrets or commercial or financial information would
12     cause competitive harm to the person or business, and only
13     insofar as the claim directly applies to the records
14     requested.
15         The information included under this exemption includes
16     all All trade secrets and commercial or financial
17     information obtained by a public body, including a public
18     pension fund, from a private equity fund or a privately
19     held company within the investment portfolio of a private
20     equity fund as a result of either investing or evaluating a
21     potential investment of public funds in a private equity
22     fund. The exemption contained in this item does not apply
23     to the aggregate financial performance information of a
24     private equity fund, nor to the identity of the fund's
25     managers or general partners. The exemption contained in
26     this item does not apply to the identity of a privately

 

 

SB2978 - 16 - LRB096 19762 JAM 35198 b

1     held company within the investment portfolio of a private
2     equity fund, unless the disclosure of the identity of a
3     privately held company may cause competitive harm.
4         Nothing contained in this paragraph (g) shall be
5     construed to prevent a person or business from consenting
6     to disclosure.
7         (h) Proposals and bids for any contract, grant, or
8     agreement, including information which if it were
9     disclosed would frustrate procurement or give an advantage
10     to any person proposing to enter into a contractor
11     agreement with the body, until an award or final selection
12     is made. Information prepared by or for the body in
13     preparation of a bid solicitation shall be exempt until an
14     award or final selection is made.
15         (i) Valuable formulae, computer geographic systems,
16     designs, drawings and research data obtained or produced by
17     any public body when disclosure could reasonably be
18     expected to produce private gain or public loss. The
19     exemption for "computer geographic systems" provided in
20     this paragraph (i) does not extend to requests made by news
21     media as defined in Section 2 of this Act when the
22     requested information is not otherwise exempt and the only
23     purpose of the request is to access and disseminate
24     information regarding the health, safety, welfare, or
25     legal rights of the general public.
26         (j) The following information pertaining to

 

 

SB2978 - 17 - LRB096 19762 JAM 35198 b

1     educational matters:
2             (i) test questions, scoring keys and other
3         examination data used to administer an academic
4         examination;
5             (ii) information received by a primary or
6         secondary school, college, or university under its
7         procedures for the evaluation of faculty members by
8         their academic peers;
9             (iii) information concerning a school or
10         university's adjudication of student disciplinary
11         cases, but only to the extent that disclosure would
12         unavoidably reveal the identity of the student; and
13             (iv) course materials or research materials used
14         by faculty members.
15         (k) Architects' plans, engineers' technical
16     submissions, and other construction related technical
17     documents for projects not constructed or developed in
18     whole or in part with public funds and the same for
19     projects constructed or developed with public funds,
20     including but not limited to power generating and
21     distribution stations and other transmission and
22     distribution facilities, water treatment facilities,
23     airport facilities, sport stadiums, convention centers,
24     and all government owned, operated, or occupied buildings,
25     but only to the extent that disclosure would compromise
26     security.

 

 

SB2978 - 18 - LRB096 19762 JAM 35198 b

1         (l) Minutes of meetings of public bodies closed to the
2     public as provided in the Open Meetings Act until the
3     public body makes the minutes available to the public under
4     Section 2.06 of the Open Meetings Act.
5         (m) Communications between a public body and an
6     attorney or auditor representing the public body that would
7     not be subject to discovery in litigation, and materials
8     prepared or compiled by or for a public body in
9     anticipation of a criminal, civil or administrative
10     proceeding upon the request of an attorney advising the
11     public body, and materials prepared or compiled with
12     respect to internal audits of public bodies.
13         (n) Records relating to a public body's investigation,
14     settlement, and adjudication of employee grievances or
15     disciplinary cases; however, this exemption shall not
16     extend to cases in which criminal charges are filed for
17     which disclosure of information shall be governed by that
18     which may be disclosed under the provisions of subsection
19     (a) of Section 2.15 until there is a final non-appealable
20     conviction the final outcome of cases in which discipline
21     is imposed.
22         (o) Administrative or technical information associated
23     with automated data processing operations, including but
24     not limited to software, operating protocols, computer
25     program abstracts, file layouts, source listings, object
26     modules, load modules, user guides, documentation

 

 

SB2978 - 19 - LRB096 19762 JAM 35198 b

1     pertaining to all logical and physical design of
2     computerized systems, employee manuals, and any other
3     information that, if disclosed, would jeopardize the
4     security of the system or its data or the security of
5     materials exempt under this Section.
6         (p) Records relating to collective negotiating matters
7     between public bodies and their employees or
8     representatives, except that any final contract or
9     agreement shall be subject to inspection and copying.
10         (q) Test questions, scoring keys, and other
11     examination data used to determine the qualifications of an
12     applicant for a license or employment.
13         (r) The records, documents, and information relating
14     to real estate purchase negotiations until those
15     negotiations have been completed or otherwise terminated.
16     With regard to a parcel involved in a pending or actually
17     and reasonably contemplated eminent domain proceeding
18     under the Eminent Domain Act, records, documents and
19     information relating to that parcel shall be exempt except
20     as may be allowed under discovery rules adopted by the
21     Illinois Supreme Court. The records, documents and
22     information relating to a real estate sale shall be exempt
23     until a sale is consummated.
24         (s) Any and all proprietary information and records
25     related to the operation of an intergovernmental risk
26     management association or self-insurance pool or jointly

 

 

SB2978 - 20 - LRB096 19762 JAM 35198 b

1     self-administered health and accident cooperative or pool.
2     Insurance or self insurance (including any
3     intergovernmental risk management association or self
4     insurance pool) claims, loss or risk management
5     information, records, data, advice or communications.
6         (t) Information contained in or related to
7     examination, operating, or condition reports prepared by,
8     on behalf of, or for the use of a public body responsible
9     for the regulation or supervision of financial
10     institutions or insurance companies, unless disclosure is
11     otherwise required by State law.
12         (u) Information that would disclose or might lead to
13     the disclosure of secret or confidential information,
14     codes, algorithms, programs, or private keys intended to be
15     used to create electronic or digital signatures under the
16     Electronic Commerce Security Act.
17         (v) Vulnerability assessments, security measures, and
18     response policies or plans that are designed to identify,
19     prevent, or respond to potential attacks upon a community's
20     population or systems, facilities, or installations, the
21     destruction or contamination of which would constitute a
22     clear and present danger to the health or safety of the
23     community, but only to the extent that disclosure could
24     reasonably be expected to jeopardize the effectiveness of
25     the measures or the safety of the personnel who implement
26     them or the public. Information exempt under this item may

 

 

SB2978 - 21 - LRB096 19762 JAM 35198 b

1     include such things as details pertaining to the
2     mobilization or deployment of personnel or equipment, to
3     the operation of communication systems or protocols, or to
4     tactical operations.
5         (w) (Blank).
6         (x) Maps and other records regarding the location or
7     security of generation, transmission, distribution,
8     storage, gathering, treatment, or switching facilities
9     owned by a utility, by a power generator, or by the
10     Illinois Power Agency.
11         (y) Information contained in or related to proposals,
12     bids, or negotiations related to electric power
13     procurement under Section 1-75 of the Illinois Power Agency
14     Act and Section 16-111.5 of the Public Utilities Act that
15     is determined to be confidential and proprietary by the
16     Illinois Power Agency or by the Illinois Commerce
17     Commission.
18         (z) Information about students exempted from
19     disclosure under Sections 10-20.38 or 34-18.29 of the
20     School Code, and information about undergraduate students
21     enrolled at an institution of higher education exempted
22     from disclosure under Section 25 of the Illinois Credit
23     Card Marketing Act of 2009.
24         (aa) Information the disclosure of which is exempted
25     under the Viatical Settlements Act of 2009.
26         (bb) Information regarding interments, entombments, or

 

 

SB2978 - 22 - LRB096 19762 JAM 35198 b

1     inurnments of human remains that are submitted to the
2     Cemetery Oversight Database under the Cemetery Care Act or
3     the Cemetery Oversight Act, whichever is applicable.
4     (2) A public record that is not in the possession of a
5 public body but is in the possession of a party with whom the
6 agency has contracted to perform a governmental function on
7 behalf of the public body, and that directly relates to the
8 governmental function and is not otherwise exempt under this
9 Act, shall be considered a public record of the public body,
10 for purposes of this Act.
11     (3) This Section does not authorize withholding of
12 information or limit the availability of records to the public,
13 except as stated in this Section or otherwise provided in this
14 Act.
15 (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
16 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10;
17 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10;
18 96-736, eff. 7-1-10; 96-863, eff. 3-1-10.)
 
19     (5 ILCS 140/11)  (from Ch. 116, par. 211)
20     Sec. 11. (a) Any person denied access to inspect or copy
21 any public record by a public body may file suit for injunctive
22 or declaratory relief.
23     (b) Where the denial is from a public body of the State,
24 suit may be filed in the circuit court for the county where the
25 public body has its principal office or where the person denied

 

 

SB2978 - 23 - LRB096 19762 JAM 35198 b

1 access resides.
2     (c) Where the denial is from a municipality or other public
3 body, except as provided in subsection (b) of this Section,
4 suit may be filed in the circuit court for the county where the
5 public body is located.
6     (d) The circuit court shall have the jurisdiction to enjoin
7 the public body from withholding public records and to order
8 the production of any public records improperly withheld from
9 the person seeking access. If the public body can show that
10 exceptional circumstances exist, and that the body is
11 exercising due diligence in responding to the request, the
12 court may retain jurisdiction and allow the agency additional
13 time to complete its review of the records.
14     (e) On motion of the plaintiff, prior to or after in camera
15 inspection, the court shall order the public body to provide an
16 index of the records to which access has been denied. The index
17 shall include the following:
18         (i) A description of the nature or contents of each
19     document withheld, or each deletion from a released
20     document, provided, however, that the public body shall not
21     be required to disclose the information which it asserts is
22     exempt; and
23         (ii) A statement of the exemption or exemptions claimed
24     for each such deletion or withheld document.
25     (f) In any action considered by the court, the court shall
26 consider the matter de novo, and shall conduct such in camera

 

 

SB2978 - 24 - LRB096 19762 JAM 35198 b

1 examination of the requested records as it finds appropriate to
2 determine if such records or any part thereof may be withheld
3 under any provision of this Act. The burden shall be on the
4 public body to establish that its refusal to permit public
5 inspection or copying is in accordance with the provisions of
6 this Act. Any public body that asserts that a record is exempt
7 from disclosure has the burden of proving that it is exempt by
8 clear and convincing evidence.
9     (g) In the event of noncompliance with an order of the
10 court to disclose, the court may enforce its order against any
11 public official or employee so ordered or primarily responsible
12 for such noncompliance through the court's contempt powers.
13     (h) Except as to causes the court considers to be of
14 greater importance, proceedings arising under this Section
15 shall take precedence on the docket over all other causes and
16 be assigned for hearing and trial at the earliest practicable
17 date and expedited in every way.
18     (i) If a person seeking the right to inspect or receive a
19 copy of a public record prevails in a proceeding under this
20 Section, the court may shall award such person reasonable
21 attorneys' fees and costs. In determining what amount of
22 attorney's fees is reasonable, the court shall consider the
23 degree to which the relief obtained relates to the relief
24 sought. The changes contained in this subsection apply to an
25 action filed on or after the effective date of this amendatory
26 Act of the 96th General Assembly.

 

 

SB2978 - 25 - LRB096 19762 JAM 35198 b

1     (j) If the court determines that a public body willfully
2 and intentionally failed to comply with this Act, or otherwise
3 acted in bad faith, the court shall also impose upon the public
4 body a civil penalty of not less that $2,500 nor more than
5 $5,000 for each occurrence. In assessing the civil penalty, the
6 court shall consider in aggravation or mitigation the budget of
7 the public body and whether the public body has previously been
8 assessed penalties for violations of this Act. The changes
9 contained in this subsection apply to an action filed on or
10 after the effective date of this amendatory Act of the 96th
11 General Assembly.
12 (Source: P.A. 96-542, eff. 1-1-10.)
 
13     Section 95. No acceleration or delay. Where this Act makes
14 changes in a statute that is represented in this Act by text
15 that is not yet or no longer in effect (for example, a Section
16 represented by multiple versions), the use of that text does
17 not accelerate or delay the taking effect of (i) the changes
18 made by this Act or (ii) provisions derived from any other
19 Public Act.
 
20     Section 99. Effective date. This Act takes effect January
21 1, 2011.