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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1855

Introduced 1/29/2025, by Rep. Curtis J. Tarver, II

SYNOPSIS AS INTRODUCED:

5 ILCS 140/2

from Ch. 116, par. 202
5 ILCS 140/7
5 ILCS 140/9.5

Amends the Freedom of Information Act. Provides that, for purposes of
the Act, "public body" includes the judicial branch and components of the
judicial branch of the State. Exempts records that pertain to the
preparation of judicial opinions and orders. Excludes denials of requests
of records from the judicial branch or components of the judicial branch
from the jurisdiction of the Public Access Counselor.
LRB104 08926 BDA 18981 b

A BILL FOR

HB1855
LRB104 08926 BDA 18981 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 2, 7, and 9.5 as follows:

6

(5 ILCS 140/2)

(from Ch. 116, par. 202)
7

Sec. 2.
Definitions.
As used in this Act:
8

(a) "Public body" means all legislative, executive,
9
judicial branch, components of the judicial branch,

10
administrative, or advisory bodies of the State, state
11
universities and colleges, counties, townships, cities,
12
villages, incorporated towns, school districts and all other
13
municipal corporations, boards, bureaus, committees, or
14
commissions of this State, any subsidiary bodies of any of the
15
foregoing including but not limited to committees and
16
subcommittees thereof, and a School Finance Authority created
17
under Article 1E of the School Code. "Public body" does not
18
include a child death review team or the Illinois Child Death
19
Review Teams Executive Council established under the Child
20
Death Review Team Act, or a regional youth advisory board or
21
the Statewide Youth Advisory Board established under the
22
Department of Children and Family Services Statewide Youth
23
Advisory Board Act.

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1

(b) "Person" means any individual, corporation,
2
partnership, firm, organization or association, acting
3
individually or as a group.
4

(c) "Public records" means all records, reports, forms,
5
writings, letters, memoranda, books, papers, maps,
6
photographs, microfilms, cards, tapes, recordings, electronic
7
data processing records, electronic communications, recorded
8
information and all other documentary materials pertaining to
9
the transaction of public business, regardless of physical
10
form or characteristics, having been prepared by or for, or
11
having been or being used by, received by, in the possession
12
of, or under the control of any public body.
13

(c-5) "Private information" means unique identifiers,
14
including a person's social security number, driver's license
15
number, employee identification number, biometric identifiers,
16
personal financial information, passwords or other access
17
codes, medical records, home or personal telephone numbers,
18
and personal email addresses. Private information also
19
includes home address and personal license plates, except as
20
otherwise provided by law or when compiled without possibility
21
of attribution to any person. For a public body that is a
22
HIPAA-covered entity, "private information" includes
23
electronic medical records and all information, including
24
demographic information, contained within or extracted from an
25
electronic medical records system operated or maintained by
26
the public body in compliance with State and federal medical

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1
privacy laws and regulations, including, but not limited to,
2
the Health Insurance Portability and Accountability Act and
3
its regulations, 45 CFR Parts 160 and 164. As used in this
4
subsection, "HIPAA-covered entity" has the meaning given to
5
the term "covered entity" in 45 CFR 160.103.
6

(c-10) "Commercial purpose" means the use of any part of a
7
public record or records, or information derived from public
8
records, in any form for sale, resale, or solicitation or
9
advertisement for sales or services. For purposes of this
10
definition, requests made by news media and non-profit,
11
scientific, or academic organizations shall not be considered
12
to be made for a "commercial purpose" when the principal
13
purpose of the request is (i) to access and disseminate
14
information concerning news and current or passing events,
15
(ii) for articles of opinion or features of interest to the
16
public, or (iii) for the purpose of academic, scientific, or
17
public research or education.
18

(d) "Copying" means the reproduction of any public record
19
by means of any photographic, electronic, mechanical or other
20
process, device or means now known or hereafter developed and
21
available to the public body.
22

(e) "Head of the public body" means the president, mayor,
23
chairman, presiding officer, director, superintendent,
24
manager, supervisor or individual otherwise holding primary
25
executive and administrative authority for the public body, or
26
such person's duly authorized designee.

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LRB104 08926 BDA 18981 b
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(f) "News media" means a newspaper or other periodical
2
issued at regular intervals whether in print or electronic
3
format, a news service whether in print or electronic format,
4
a radio station, a television station, a television network, a
5
community antenna television service, or a person or
6
corporation engaged in making news reels or other motion
7
picture news for public showing.
8

(g) "Recurrent requester", as used in Section 3.2 of this
9
Act, means a person that, in the 12 months immediately
10
preceding the request, has submitted to the same public body
11
(i) a minimum of 50 requests for records, (ii) a minimum of 15
12
requests for records within a 30-day period, or (iii) a
13
minimum of 7 requests for records within a 7-day period. For
14
purposes of this definition, requests made by news media and
15
non-profit, scientific, or academic organizations shall not be
16
considered in calculating the number of requests made in the
17
time periods in this definition when the principal purpose of
18
the requests is (i) to access and disseminate information
19
concerning news and current or passing events, (ii) for
20
articles of opinion or features of interest to the public, or
21
(iii) for the purpose of academic, scientific, or public
22
research or education.
23

For the purposes of this subsection (g), "request" means a
24
written document (or oral request, if the public body chooses
25
to honor oral requests) that is submitted to a public body via
26
personal delivery, mail, telefax, electronic mail, or other

HB1855
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LRB104 08926 BDA 18981 b
1
means available to the public body and that identifies the
2
particular public record the requester seeks. One request may
3
identify multiple records to be inspected or copied.
4

(h) "Voluminous request" means a request that: (i)
5
includes more than 5 individual requests for more than 5
6
different categories of records or a combination of individual
7
requests that total requests for more than 5 different
8
categories of records in a period of 20 business days; or (ii)
9
requires the compilation of more than 500 letter or
10
legal-sized pages of public records unless a single requested
11
record exceeds 500 pages. "Single requested record" may
12
include, but is not limited to, one report, form, e-mail,
13
letter, memorandum, book, map, microfilm, tape, or recording.
14

"Voluminous request" does not include a request made by
15
news media and non-profit, scientific, or academic
16
organizations if the principal purpose of the request is: (1)
17
to access and disseminate information concerning news and
18
current or passing events; (2) for articles of opinion or
19
features of interest to the public; or (3) for the purpose of
20
academic, scientific, or public research or education.
21

For the purposes of this subsection (h), "request" means a
22
written document, or oral request, if the public body chooses
23
to honor oral requests, that is submitted to a public body via
24
personal delivery, mail, telefax, electronic mail, or other
25
means available to the public body and that identifies the
26
particular public record or records the requester seeks. One

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LRB104 08926 BDA 18981 b
1
request may identify multiple individual records to be
2
inspected or copied.
3

(i) "Severance agreement" means a mutual agreement between
4
any public body and its employee for the employee's
5
resignation in exchange for payment by the public body.
6
(Source: P.A. 103-554, eff. 1-1-24
.)

7

(5 ILCS 140/7)
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
11
disclosure under this Section, but also contains information
12
that is not exempt from disclosure, the public body may elect
13
to redact the information that is exempt. The public body
14
shall make the remaining information available for inspection
15
and copying. Subject to this requirement, the following shall
16
be exempt from inspection and copying:
17

(a) Information specifically prohibited from
18

disclosure by federal or State law or rules and
19

regulations 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,
22

or a court order.
23

(b-5) Files, documents, and other data or databases
24

maintained by one or more law enforcement agencies and
25

specifically designed to provide information to one or

HB1855
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LRB104 08926 BDA 18981 b
1

more law enforcement agencies regarding the physical or
2

mental status of one or more individual subjects.
3

(c) Personal information contained within public
4

records, the disclosure of which would constitute a
5

clearly unwarranted invasion of personal privacy, unless
6

the disclosure is consented to in writing by the
7

individual subjects of the information. "Unwarranted
8

invasion of personal privacy" means the disclosure of
9

information that is highly personal or objectionable to a
10

reasonable person and in which the subject's right to
11

privacy outweighs any legitimate public interest in
12

obtaining the information. The disclosure of information
13

that bears on the public duties of public employees and
14

officials shall not be considered an invasion of personal
15

privacy.
16

(d) Records in the possession of any public body
17

created in the course of administrative enforcement
18

proceedings, and any law enforcement or correctional
19

agency for law enforcement purposes, but only to the
20

extent that disclosure would:
21

(i) interfere with pending or actually and
22

reasonably contemplated law enforcement proceedings
23

conducted by any law enforcement or correctional
24

agency that is the recipient of the request;
25

(ii) interfere with active administrative
26

enforcement proceedings conducted by the public body

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LRB104 08926 BDA 18981 b
1

that is the recipient of the request;
2

(iii) create a substantial likelihood that a
3

person will be deprived of a fair trial or an impartial
4

hearing;
5

(iv) unavoidably disclose the identity of a
6

confidential source, confidential information
7

furnished only by the confidential source, or persons
8

who file complaints with or provide information to
9

administrative, investigative, law enforcement, or
10

penal agencies; except that the identities of
11

witnesses to traffic crashes, traffic crash reports,
12

and rescue reports shall be provided by agencies of
13

local government, except when disclosure would
14

interfere with an active criminal investigation
15

conducted by the agency that is the recipient of the
16

request;
17

(v) disclose unique or specialized investigative
18

techniques other than those generally used and known
19

or disclose internal documents of correctional
20

agencies related to detection, observation, or
21

investigation of incidents of crime or misconduct, and
22

disclosure would result in demonstrable harm to the
23

agency or public body that is the recipient of the
24

request;
25

(vi) endanger the life or physical safety of law
26

enforcement personnel or any other person; or

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LRB104 08926 BDA 18981 b
1

(vii) obstruct an ongoing criminal investigation
2

by the agency that is the recipient of the request.
3

(d-5) A law enforcement record created for law
4

enforcement purposes and contained in a shared electronic
5

record management system if the law enforcement agency
6

that is the recipient of the request did not create the
7

record, did not participate in or have a role in any of the
8

events which are the subject of the record, and only has
9

access to the record through the shared electronic record
10

management system.
11

(d-6) Records contained in the Officer Professional
12

Conduct Database under Section 9.2 of the Illinois Police
13

Training Act, except to the extent authorized under that
14

Section. This includes the documents supplied to the
15

Illinois Law Enforcement Training Standards Board from the
16

Illinois State Police and Illinois State Police Merit
17

Board.
18

(d-7) Information gathered or records created from the
19

use of automatic license plate readers in connection with
20

Section 2-130 of the Illinois Vehicle Code.
21

(e) Records that relate to or affect the security of
22

correctional institutions and detention facilities.
23

(e-5) Records requested by persons committed to the
24

Department of Corrections, Department of Human Services
25

Division of Mental Health, or a county jail if those
26

materials are available in the library of the correctional

HB1855
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LRB104 08926 BDA 18981 b
1

institution or facility or jail where the inmate is
2

confined.
3

(e-6) Records requested by persons committed to the
4

Department of Corrections, Department of Human Services
5

Division of Mental Health, or a county jail if those
6

materials include records from staff members' personnel
7

files, staff rosters, or other staffing assignment
8

information.
9

(e-7) Records requested by persons committed to the
10

Department of Corrections or Department of Human Services
11

Division of Mental Health if those materials are available
12

through an administrative request to the Department of
13

Corrections or Department of Human Services Division of
14

Mental Health.
15

(e-8) Records requested by a person committed to the
16

Department of Corrections, Department of Human Services
17

Division of Mental Health, or a county jail, the
18

disclosure of which would result in the risk of harm to any
19

person or the risk of an escape from a jail or correctional
20

institution or facility.
21

(e-9) Records requested by a person in a county jail
22

or committed to the Department of Corrections or
23

Department of Human Services Division of Mental Health,
24

containing personal information pertaining to the person's
25

victim or the victim's family, including, but not limited
26

to, a victim's home address, home telephone number, work

HB1855
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LRB104 08926 BDA 18981 b
1

or school address, work telephone number, social security
2

number, or any other identifying information, except as
3

may be relevant to a requester's current or potential case
4

or claim.
5

(e-10) Law enforcement records of other persons
6

requested by a person committed to the Department of
7

Corrections, Department of Human Services Division of
8

Mental Health, or a county jail, including, but not
9

limited to, arrest and booking records, mug shots, and
10

crime scene photographs, except as these records may be
11

relevant to the requester's current or potential case or
12

claim.
13

(f) Preliminary drafts, notes, recommendations,
14

memoranda, and other records in which opinions are
15

expressed, or policies or actions are formulated, except
16

that a specific record or relevant portion of a record
17

shall not be exempt when the record is publicly cited and
18

identified by the head of the public body. The exemption
19

provided in this paragraph (f) extends to all those
20

records of officers and agencies of the General Assembly
21

that pertain to the preparation of legislative documents
22

and to all those records that pertain to the preparation
23

of judicial opinions and orders
.
24

(g) Trade secrets and commercial or financial
25

information obtained from a person or business where the
26

trade secrets or commercial or financial information are

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LRB104 08926 BDA 18981 b
1

furnished under a claim that they are proprietary,
2

privileged, or confidential, and that disclosure of the
3

trade secrets or commercial or financial information would
4

cause competitive harm to the person or business, and only
5

insofar as the claim directly applies to the records
6

requested.
7

The information included under this exemption includes
8

all trade secrets and commercial or financial information
9

obtained by a public body, including a public pension
10

fund, from a private equity fund or a privately held
11

company within the investment portfolio of a private
12

equity fund as a result of either investing or evaluating
13

a potential investment of public funds in a private equity
14

fund. The exemption contained in this item does not apply
15

to the aggregate financial performance information of a
16

private equity fund, nor to the identity of the fund's
17

managers or general partners. The exemption contained in
18

this item does not apply to the identity of a privately
19

held company within the investment portfolio of a private
20

equity fund, unless the disclosure of the identity of a
21

privately held company may cause competitive harm.
22

Nothing contained in this paragraph (g) shall be
23

construed to prevent a person or business from consenting
24

to disclosure.
25

(h) Proposals and bids for any contract, grant, or
26

agreement, including information which if it were

HB1855
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1

disclosed would frustrate procurement or give an advantage
2

to any person proposing to enter into a contractor
3

agreement with the body, until an award or final selection
4

is made. Information prepared by or for the body in
5

preparation of a bid solicitation shall be exempt until an
6

award or final selection is made.
7

(i) Valuable formulae, computer geographic systems,
8

designs, drawings, and research data obtained or produced
9

by any public body when disclosure could reasonably be
10

expected to produce private gain or public loss. The
11

exemption for "computer geographic systems" provided in
12

this paragraph (i) does not extend to requests made by
13

news media as defined in Section 2 of this Act when the
14

requested information is not otherwise exempt and the only
15

purpose of the request is to access and disseminate
16

information regarding the health, safety, welfare, or
17

legal rights of the general public.
18

(j) The following information pertaining to
19

educational matters:
20

(i) test questions, scoring keys, and other
21

examination data used to administer an academic
22

examination;
23

(ii) information received by a primary or
24

secondary school, college, or university under its
25

procedures for the evaluation of faculty members by
26

their academic peers;

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LRB104 08926 BDA 18981 b
1

(iii) information concerning a school or
2

university's adjudication of student disciplinary
3

cases, but only to the extent that disclosure would
4

unavoidably reveal the identity of the student; and
5

(iv) course materials or research materials used
6

by faculty members.
7

(k) Architects' plans, engineers' technical
8

submissions, and other construction related technical
9

documents for projects not constructed or developed in
10

whole or in part with public funds and the same for
11

projects constructed or developed with public funds,
12

including, but not limited to, power generating and
13

distribution stations and other transmission and
14

distribution facilities, water treatment facilities,
15

airport facilities, sport stadiums, convention centers,
16

and all government owned, operated, or occupied buildings,
17

but only to the extent that disclosure would compromise
18

security.
19

(l) Minutes of meetings of public bodies closed to the
20

public as provided in the Open Meetings Act until the
21

public body makes the minutes available to the public
22

under Section 2.06 of the Open Meetings Act.
23

(m) Communications between a public body and an
24

attorney or auditor representing the public body that
25

would not be subject to discovery in litigation, and
26

materials prepared or compiled by or for a public body in

HB1855
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LRB104 08926 BDA 18981 b
1

anticipation of a criminal, civil, or administrative
2

proceeding upon the request of an attorney advising the
3

public body, and materials prepared or compiled with
4

respect to internal audits of public bodies.
5

(n) Records relating to a public body's adjudication
6

of employee grievances or disciplinary cases; however,
7

this exemption shall not extend to the final outcome of
8

cases in which discipline is imposed.
9

(o) Administrative or technical information associated
10

with automated data processing operations, including, but
11

not limited to, software, operating protocols, computer
12

program abstracts, file layouts, source listings, object
13

modules, load modules, user guides, documentation
14

pertaining to all logical and physical design of
15

computerized systems, employee manuals, and any other
16

information that, if disclosed, would jeopardize the
17

security of the system or its data or the security of
18

materials exempt under this Section.
19

(p) Records relating to collective negotiating matters
20

between public bodies and their employees or
21

representatives, except that any final contract or
22

agreement shall be subject to inspection and copying.
23

(q) Test questions, scoring keys, and other
24

examination data used to determine the qualifications of
25

an applicant for a license or employment.
26

(r) The records, documents, and information relating

HB1855
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1

to real estate purchase negotiations until those
2

negotiations have been completed or otherwise terminated.
3

With regard to a parcel involved in a pending or actually
4

and reasonably contemplated eminent domain proceeding
5

under the Eminent Domain Act, records, documents, and
6

information relating to that parcel shall be exempt except
7

as may be allowed under discovery rules adopted by the
8

Illinois Supreme Court. The records, documents, and
9

information relating to a real estate sale shall be exempt
10

until a sale is consummated.
11

(s) Any and all proprietary information and records
12

related to the operation of an intergovernmental risk
13

management association or self-insurance pool or jointly
14

self-administered health and accident cooperative or pool.
15

Insurance or self-insurance (including any
16

intergovernmental risk management association or
17

self-insurance pool) claims, loss or risk management
18

information, records, data, advice, or communications.
19

(t) Information contained in or related to
20

examination, operating, or condition reports prepared by,
21

on behalf of, or for the use of a public body responsible
22

for the regulation or supervision of financial
23

institutions, insurance companies, or pharmacy benefit
24

managers, unless disclosure is otherwise required by State
25

law.
26

(u) Information that would disclose or might lead to

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1

the disclosure of secret or confidential information,
2

codes, algorithms, programs, or private keys intended to
3

be used to create electronic signatures under the Uniform
4

Electronic Transactions Act.
5

(v) Vulnerability assessments, security measures, and
6

response policies or plans that are designed to identify,
7

prevent, or respond to potential attacks upon a
8

community's population or systems, facilities, or
9

installations, but only to the extent that disclosure
10

could reasonably be expected to expose the vulnerability
11

or jeopardize the effectiveness of the measures, policies,
12

or plans, or the safety of the personnel who implement
13

them or the public. Information exempt under this item may
14

include such things as details pertaining to the
15

mobilization or deployment of personnel or equipment, to
16

the operation of communication systems or protocols, to
17

cybersecurity vulnerabilities, or to tactical operations.
18

(w) (Blank).
19

(x) Maps and other records regarding the location or
20

security of generation, transmission, distribution,
21

storage, gathering, treatment, or switching facilities
22

owned by a utility, by a power generator, or by the
23

Illinois Power Agency.
24

(y) Information contained in or related to proposals,
25

bids, or negotiations related to electric power
26

procurement under Section 1-75 of the Illinois Power

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1

Agency Act and Section 16-111.5 of the Public Utilities
2

Act that is determined to be confidential and proprietary
3

by the Illinois Power Agency or by the Illinois Commerce
4

Commission.
5

(z) Information about students exempted from
6

disclosure under Section 10-20.38 or 34-18.29 of the
7

School Code, and information about undergraduate students
8

enrolled at an institution of higher education exempted
9

from disclosure under Section 25 of the Illinois Credit
10

Card Marketing Act of 2009.
11

(aa) Information the disclosure of which is exempted
12

under the Viatical Settlements Act of 2009.
13

(bb) Records and information provided to a mortality
14

review team and records maintained by a mortality review
15

team appointed under the Department of Juvenile Justice
16

Mortality Review Team Act.
17

(cc) Information regarding interments, entombments, or
18

inurnments of human remains that are submitted to the
19

Cemetery Oversight Database under the Cemetery Care Act or
20

the Cemetery Oversight Act, whichever is applicable.
21

(dd) Correspondence and records (i) that may not be
22

disclosed under Section 11-9 of the Illinois Public Aid
23

Code or (ii) that pertain to appeals under Section 11-8 of
24

the Illinois Public Aid Code.
25

(ee) The names, addresses, or other personal
26

information of persons who are minors and are also

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participants and registrants in programs of park
2

districts, forest preserve districts, conservation
3

districts, recreation agencies, and special recreation
4

associations.
5

(ff) The names, addresses, or other personal
6

information of participants and registrants in programs of
7

park districts, forest preserve districts, conservation
8

districts, recreation agencies, and special recreation
9

associations where such programs are targeted primarily to
10

minors.
11

(gg) Confidential information described in Section
12

1-100 of the Illinois Independent Tax Tribunal Act of
13

2012.
14

(hh) The report submitted to the State Board of
15

Education by the School Security and Standards Task Force
16

under item (8) of subsection (d) of Section 2-3.160 of the
17

School Code and any information contained in that report.
18

(ii) Records requested by persons committed to or
19

detained by the Department of Human Services under the
20

Sexually Violent Persons Commitment Act or committed to
21

the Department of Corrections under the Sexually Dangerous
22

Persons Act if those materials: (i) are available in the
23

library of the facility where the individual is confined;
24

(ii) include records from staff members' personnel files,
25

staff rosters, or other staffing assignment information;
26

or (iii) are available through an administrative request

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to the Department of Human Services or the Department of
2

Corrections.
3

(jj) Confidential information described in Section
4

5-535 of the Civil Administrative Code of Illinois.
5

(kk) The public body's credit card numbers, debit card
6

numbers, bank account numbers, Federal Employer
7

Identification Number, security code numbers, passwords,
8

and similar account information, the disclosure of which
9

could result in identity theft or impression or defrauding
10

of a governmental entity or a person.
11

(ll) Records concerning the work of the threat
12

assessment team of a school district, including, but not
13

limited to, any threat assessment procedure under the
14

School Safety Drill Act and any information contained in
15

the procedure.
16

(mm) Information prohibited from being disclosed under
17

subsections (a) and (b) of Section 15 of the Student
18

Confidential Reporting Act.
19

(nn) Proprietary information submitted to the
20

Environmental Protection Agency under the Drug Take-Back
21

Act.
22

(oo) Records described in subsection (f) of Section
23

3-5-1 of the Unified Code of Corrections.
24

(pp) Any and all information regarding burials,
25

interments, or entombments of human remains as required to
26

be reported to the Department of Natural Resources

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pursuant either to the Archaeological and Paleontological
2

Resources Protection Act or the Human Remains Protection
3

Act.
4

(qq) Reports described in subsection (e) of Section
5

16-15 of the Abortion Care Clinical Training Program Act.
6

(rr) Information obtained by a certified local health
7

department under the Access to Public Health Data Act.
8

(ss) For a request directed to a public body that is
9

also a HIPAA-covered entity, all information that is
10

protected health information, including demographic
11

information, that may be contained within or extracted
12

from any record held by the public body in compliance with
13

State and federal medical privacy laws and regulations,
14

including, but not limited to, the Health Insurance
15

Portability and Accountability Act and its regulations, 45
16

CFR Parts 160 and 164. As used in this paragraph,
17

"HIPAA-covered entity" has the meaning given to the term
18

"covered entity" in 45 CFR 160.103 and "protected health
19

information" has the meaning given to that term in 45 CFR
20

160.103.
21

(tt) Proposals or bids submitted by engineering
22

consultants in response to requests for proposal or other
23

competitive bidding requests by the Department of
24

Transportation or the Illinois Toll Highway Authority.
25

(1.5) Any information exempt from disclosure under the
26
Judicial Privacy Act shall be redacted from public records

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1
prior to disclosure under this Act.
2

(2) A public record that is not in the possession of a
3
public body but is in the possession of a party with whom the
4
agency has contracted to perform a governmental function on
5
behalf of the public body, and that directly relates to the
6
governmental function and is not otherwise exempt under this
7
Act, shall be considered a public record of the public body,
8
for purposes of this Act.
9

(3) This Section does not authorize withholding of
10
information or limit the availability of records to the
11
public, except as stated in this Section or otherwise provided
12
in this Act.
13
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
14
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
15
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
16
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
17
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
18
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
19
eff. 7-1-24; 103-865, eff. 1-1-25
.)

20

(5 ILCS 140/9.5)
21

Sec. 9.5.
Public Access Counselor; opinions.
22

(a) A person whose request to inspect or copy a public
23
record is denied by a public body, except the General Assembly
24
and committees, commissions, and agencies thereof
and the
25
judicial branch and the components of the judicial branch
, may

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1
file a request for review with the Public Access Counselor
2
established in the Office of the Attorney General not later
3
than 60 days after the date of the final denial. The request
4
for review must be in writing, signed by the requester, and
5
include (i) a copy of the request for access to records and
6
(ii) any responses from the public body.
7

(b) A person whose request to inspect or copy a public
8
record is made for a commercial purpose as defined in
9
subsection (c-10) of Section 2 of this Act may not file a
10
request for review with the Public Access Counselor. A person
11
whose request to inspect or copy a public record was treated by
12
the public body as a request for a commercial purpose under
13
Section 3.1 of this Act may file a request for review with the
14
Public Access Counselor for the limited purpose of reviewing
15
whether the public body properly determined that the request
16
was made for a commercial purpose.
17

(b-5) A person whose request to inspect or copy a public
18
record was treated by a public body, except the General
19
Assembly and committees, commissions, and agencies thereof
and
20
the judicial branch and the components of the judicial branch
,
21
as a voluminous request under Section 3.6 of this Act may file
22
a request for review with the Public Access Counselor for the
23
purpose of reviewing whether the public body properly
24
determined that the request was a voluminous request.
25

(c) Upon receipt of a request for review, the Public
26
Access Counselor shall determine whether further action is

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1
warranted. If the Public Access Counselor determines that the
2
alleged violation is unfounded, he or she shall so advise the
3
requester and the public body and no further action shall be
4
undertaken. In all other cases, the Public Access Counselor
5
shall forward a copy of the request for review to the public
6
body within 7 business days after receipt and shall specify
7
the records or other documents that the public body shall
8
furnish to facilitate the review. Within 7 business days after
9
receipt of the request for review, the public body shall
10
provide copies of records requested and shall otherwise fully
11
cooperate with the Public Access Counselor. If a public body
12
fails to furnish specified records pursuant to this Section,
13
or if otherwise necessary, the Attorney General may issue a
14
subpoena to any person or public body having knowledge of or
15
records pertaining to a request for review of a denial of
16
access to records under the Act. Records or documents obtained
17
by the Public Access Counselor from a public body for the
18
purpose of addressing a request for review under this Section
19
may not be disclosed to the public, including the requester,
20
by the Public Access Counselor. These records, while in the
21
possession of the Public Access Counselor, are exempt under
22
this Act from disclosure by the Public Access Counselor.
23

(d) Within 7 business days after it receives a copy of a
24
request for review and request for production of records from
25
the Public Access Counselor, the public body may, but is not
26
required to, answer the allegations of the request for review.

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The answer may take the form of a letter, brief, or memorandum.
2
The Public Access Counselor shall forward a copy of the answer
3
to the person submitting the request for review, with any
4
alleged confidential information to which the request pertains
5
redacted from the copy. The requester may, but is not required
6
to, respond in writing to the answer within 7 business days and
7
shall provide a copy of the response to the public body.
8

(e) In addition to the request for review, and the answer
9
and the response thereto, if any, a requester or a public body
10
may furnish affidavits or records concerning any matter
11
germane to the review.
12

(f) Unless the Public Access Counselor extends the time by
13
no more than 30 business days by sending written notice to the
14
requester and the public body that includes a statement of the
15
reasons for the extension in the notice, or decides to address
16
the matter without the issuance of a binding opinion, the
17
Attorney General shall examine the issues and the records,
18
shall make findings of fact and conclusions of law, and shall
19
issue to the requester and the public body an opinion in
20
response to the request for review within 60 days after its
21
receipt. The opinion shall be binding upon both the requester
22
and the public body, subject to administrative review under
23
Section 11.5.
24

In responding to any request under this Section 9.5, the
25
Attorney General may exercise his or her discretion and choose
26
to resolve a request for review by mediation or by a means

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1
other than the issuance of a binding opinion. The decision not
2
to issue a binding opinion shall not be reviewable.
3

Upon receipt of a binding opinion concluding that a
4
violation of this Act has occurred, the public body shall
5
either take necessary action immediately to comply with the
6
directive of the opinion or shall initiate administrative
7
review under Section 11.5. If the opinion concludes that no
8
violation of the Act has occurred, the requester may initiate
9
administrative review under Section 11.5.
10

A public body that discloses records in accordance with an
11
opinion of the Attorney General is immune from all liabilities
12
by reason thereof and shall not be liable for penalties under
13
this Act.
14

(g) If the requester files suit under Section 11 with
15
respect to the same denial that is the subject of a pending
16
request for review, the requester shall notify the Public
17
Access Counselor, and the Public Access Counselor shall take
18
no further action with respect to the request for review and
19
shall so notify the public body.
20

(h) The Attorney General may also issue advisory opinions
21
to public bodies regarding compliance with this Act. A review
22
may be initiated upon receipt of a written request from the
23
head of the public body or its attorney, which shall contain
24
sufficient accurate facts from which a determination can be
25
made. The Public Access Counselor may request additional
26
information from the public body in order to assist in the

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1
review. A public body that relies in good faith on an advisory
2
opinion of the Attorney General in responding to a request is
3
not liable for penalties under this Act, so long as the facts
4
upon which the opinion is based have been fully and fairly
5
disclosed to the Public Access Counselor.
6
(Source: P.A. 103-69, eff. 1-1-24
.)

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