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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4683

Introduced , by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

5 ILCS 140/2

from Ch. 116, par. 202
5 ILCS 140/3

from Ch. 116, par. 203
5 ILCS 140/3.7 new
5 ILCS 140/9.5
5 ILCS 140/11

from Ch. 116, par. 211

Amends the Freedom of Information Act. Requires a public body to
respond to a request for records submitted by a mass requester within 21
business days after receipt. Requires the response to (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 the 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. Provides that, unless the records are exempt from
disclosure, a public body shall comply with a request for records within a
reasonable period considering the size and complexity of the request and
giving priority to records requested by requesters who are not mass
requesters. Provides that it is a violation of the Act for a person to
knowingly obtain a public record without disclosing the person's status as
a mass requester, if requested to do so by the public body, within 5
business days. Allows the public body to deny the request based upon the
violation. Requires a mass requester to notify the public body of an
objection before seeking review of a denial of a request with the Public
Access Counselor, and requires review by a Public Access Counselor before
judicial review. Limits awards of attorney's fees to mass requesters under
the Act. Defines "mass requester". Makes conforming changes.
LRB104 18833 BDA 32278 b

A BILL FOR

HB4683
LRB104 18833 BDA 32278 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, 3, 9.5, and 11 and by adding Section 3.7
6
as follows:

7

(5 ILCS 140/2)

(from Ch. 116, par. 202)
8

Sec. 2.
Definitions.
As used in this Act:
9

(a) "Public body" means all legislative, executive,
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 or any individual acting
2
as an agent of a corporation, partnership, firm, organization
3
or association, acting 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. "Public records"
13
does not include junk mail.
14

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

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1
the public body in compliance with State and federal medical
2
privacy laws and regulations, including, but not limited to,
3
the Health Insurance Portability and Accountability Act and
4
its regulations, 45 CFR Parts 160 and 164. As used in this
5
subsection, "HIPAA-covered entity" has the meaning given to
6
the term "covered entity" in 45 CFR 160.103.
7

(c-10) "Commercial purpose" means the use of any part of a
8
public record or records, or information derived from public
9
records, in any form for sale, resale, or solicitation or
10
advertisement for sales or services. For purposes of this
11
definition, requests made by news media and non-profit,
12
scientific, or academic organizations shall not be considered
13
to be made for a "commercial purpose" when the principal
14
purpose of the request is (i) to access and disseminate
15
information concerning news and current or passing events,
16
(ii) for articles of opinion or features of interest to the
17
public, or (iii) for the purpose of academic, scientific, or
18
public research or education.
19

(d) "Copying" means the reproduction of any public record
20
by means of any photographic, electronic, mechanical or other
21
process, device or means now known or hereafter developed and
22
available to the public body.
23

(e) "Head of the public body" means the president, mayor,
24
chairman, presiding officer, director, superintendent,
25
manager, supervisor or individual otherwise holding primary
26
executive and administrative authority for the public body, or

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1
such person's duly authorized designee.
2

(f) "News media" means a newspaper or other periodical
3
issued at regular intervals whether in print or electronic
4
format, a news service whether in print or electronic format,
5
a radio station, a television station, a television network, a
6
community antenna television service, or a person or
7
corporation engaged in making news reels or other motion
8
picture news for public showing.
9

(g) "Recurrent requester", as used in Section 3.2 of this
10
Act, means a person that, in the 12 months immediately
11
preceding the request, has submitted to the same public body
12
(i) a minimum of 50 requests for records, (ii) a minimum of 15
13
requests for records within a 30-day period, or (iii) a
14
minimum of 7 requests for records within a 7-day period. For
15
purposes of this definition, requests made by news media and
16
non-profit, scientific, or academic organizations shall not be
17
considered in calculating the number of requests made in the
18
time periods in this definition when the principal purpose of
19
the requests is (i) to access and disseminate information
20
concerning news and current or passing events, (ii) for
21
articles of opinion or features of interest to the public, or
22
(iii) for the purpose of academic, scientific, or public
23
research or education.
24

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

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1
personal delivery, mail, telefax, electronic mail, or other
2
means available to the public body and that identifies the
3
particular public record the requester seeks. One request may
4
identify multiple records to be inspected or copied.
5

(h) "Voluminous request" means a request that: (i)
6
includes more than 5 individual requests for more than 5
7
different categories of records or a combination of individual
8
requests that total requests for more than 5 different
9
categories of records in a period of 20 business days; or (ii)
10
requires the compilation of more than 500 letter or
11
legal-sized pages of public records unless a single requested
12
record exceeds 500 pages. "Single requested record" may
13
include, but is not limited to, one report, form, e-mail,
14
letter, memorandum, book, map, microfilm, tape, or recording.
15

"Voluminous request" does not include a request made by
16
news media and non-profit, scientific, or academic
17
organizations if the principal purpose of the request is: (1)
18
to access and disseminate information concerning news and
19
current or passing events; (2) for articles of opinion or
20
features of interest to the public; or (3) for the purpose of
21
academic, scientific, or public research or education.
22

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

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1
particular public record or records the requester seeks. One
2
request may identify multiple individual records to be
3
inspected or copied.
4

(i) "Severance agreement" means a mutual agreement between
5
any public body and its employee for the employee's
6
resignation in exchange for payment by the public body.
7

(j) "Junk mail" means (i) any unsolicited commercial mail
8
sent to a public body and not responded to by an official,
9
employee, or agent of the public body or (ii) any unsolicited
10
commercial electronic communication sent to a public body and
11
not responded to by an official, employee, or agent of the
12
public body.
13

(k) "Mass requester" means a person who submits identical
14
or substantially similar requests for records to 5 or more
15
public bodies in the span of 30 calendar days.
16
(Source: P.A. 103-554, eff. 1-1-24; 104-438, eff. 1-1-26.)

17

(5 ILCS 140/3)

(from Ch. 116, par. 203)
18

Sec. 3.
(a) Each public body shall make available to any
19
person for inspection or copying all public records, except as
20
otherwise provided in Sections 7 and 8.5 of this Act.
21
Notwithstanding any other law, a public body may not grant to
22
any person or entity, whether by contract, license, or
23
otherwise, the exclusive right to access and disseminate any
24
public record as defined in this Act.
25

(b) Subject to the fee provisions of Section 6 of this Act,

HB4683
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1
each public body shall promptly provide, to any person who
2
submits a request, a copy of any public record required to be
3
disclosed by subsection (a) of this Section and shall certify
4
such copy if so requested.
5

(c) Requests for inspection or copies shall be made in
6
writing and directed to the public body. Written requests may
7
be submitted to a public body via personal delivery, mail,
8
telefax, or other means available to the public body.
9
Electronic requests under this Section must appear in their
10
entirety within the body of the electronic submission. As a
11
cybersecurity measure, no public body shall be required to
12
open electronically attached files or hyperlinks to view or
13
access details of a request. A public body that receives a
14
request that would require the public body to open hyperlinks
15
or attached files shall, within 5 business days, notify the
16
requester of the requirement that the entirety of an
17
electronic request must appear within the body of the
18
electronic submission. A public body may honor oral requests
19
for inspection or copying. A public body may not require that a
20
request be submitted on a standard form or require the
21
requester to specify the purpose for a request, except to
22
determine whether the records are requested for a commercial
23
purpose
, whether the requester has been identified as a mass
24
requester,
or whether to grant a request for a fee waiver. All
25
requests for inspection and copying received by a public body
26
shall immediately be forwarded to its Freedom of Information

HB4683
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LRB104 18833 BDA 32278 b
1
officer or designee.
2

(d) Each public body shall, promptly, either comply with
3
or deny a request for public records within 5 business days
4
after its receipt of the request, unless the time for response
5
is properly extended under subsection (e) of this Section.
6
Denial shall be in writing as provided in Section 9 of this
7
Act. Failure to comply with a written request, extend the time
8
for response, or deny a request within 5 business days after
9
its receipt shall be considered a denial of the request. A
10
public body that fails to respond to a request within the
11
requisite periods in this Section but thereafter provides the
12
requester with copies of the requested public records may not
13
impose a fee for such copies. A public body that fails to
14
respond to a request received may not treat the request as
15
unduly burdensome under subsection (g).
16

(e) The time for response under this Section may be
17
extended by the public body for not more than 5 business days
18
from the original due date for any of the following reasons:
19

(i) the requested records are stored in whole or in
20

part at other locations than the office having charge of
21

the requested records;
22

(ii) the request requires the collection of a
23

substantial number of specified records;
24

(iii) the request is couched in categorical terms and
25

requires an extensive search for the records responsive to
26

it;

HB4683
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LRB104 18833 BDA 32278 b
1

(iv) the requested records have not been located in
2

the course of routine search and additional efforts are
3

being made to locate them;
4

(v) the requested records require examination and
5

evaluation by personnel having the necessary competence
6

and discretion to determine if they are exempt from
7

disclosure under Section 7 of this Act or should be
8

revealed only with appropriate deletions;
9

(vi) the request for records cannot be complied with
10

by the public body within the time limits prescribed by
11

subsection (d) of this Section without unduly burdening or
12

interfering with the operations of the public body;
13

(vii) there is a need for consultation, which shall be
14

conducted with all practicable speed, with another public
15

body or among 2 or more components of a public body having
16

a substantial interest in the determination or in the
17

subject matter of the request.
18

The person making a request and the public body may agree
19
in writing to extend the time for compliance for a period to be
20
determined by the parties. If the requester and the public
21
body agree to extend the period for compliance, a failure by
22
the public body to comply with any previous deadlines shall
23
not be treated as a denial of the request for the records.
24

(f) When additional time is required for any of the above
25
reasons, the public body shall, within 5 business days after
26
receipt of the request, notify the person making the request

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1
of the reasons for the extension and the date by which the
2
response will be forthcoming. Failure to respond within the
3
time permitted for extension shall be considered a denial of
4
the request. A public body that fails to respond to a request
5
within the time permitted for extension but thereafter
6
provides the requester with copies of the requested public
7
records may not impose a fee for those copies. A public body
8
that requests an extension and subsequently fails to respond
9
to the request may not treat the request as unduly burdensome
10
under subsection (g).
11

(g) Requests calling for all records falling within a
12
category shall be complied with unless compliance with the
13
request would be unduly burdensome for the complying public
14
body and there is no way to narrow the request and the burden
15
on the public body outweighs the public interest in the
16
information. Before invoking this exemption, the public body
17
shall extend to the person making the request an opportunity
18
to confer with it in an attempt to reduce the request to
19
manageable proportions. If any public body responds to a
20
categorical request by stating that compliance would unduly
21
burden its operation and the conditions described above are
22
met, it shall do so in writing, specifying the reasons why it
23
would be unduly burdensome and the extent to which compliance
24
will so burden the operations of the public body. Such a
25
response shall be treated as a denial of the request for
26
information.

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LRB104 18833 BDA 32278 b
1

Repeated requests from the same person for the same
2
records that are unchanged or identical to records previously
3
provided or properly denied under this Act shall be deemed
4
unduly burdensome under this provision.
5

(h) Each public body may promulgate rules and regulations
6
in conformity with the provisions of this Section pertaining
7
to the availability of records and procedures to be followed,
8
including:
9

(i) the times and places where such records will be
10

made available, and
11

(ii) the persons from whom such records may be
12

obtained.
13

(i) The time periods for compliance or denial of a request
14
to inspect or copy records set out in this Section shall not
15
apply to requests for records made for a commercial purpose,
16
requests by a recurrent requester,
or
voluminous requests
, or
17
requests by a mass requester
. Such requests shall be subject
18
to the provisions of Sections 3.1, 3.2,
and
3.6
, and 3.7
of
19
this Act, as applicable.
20

(j) Within 5 business days after its receipt of the
21
request, a public body that has a reasonable belief that a
22
request was not submitted by a person may require the
23
requester to verify orally or in writing that the requester is
24
a person. The deadline for the public body to respond to the
25
request shall be tolled until the requester verifies that he
26
or she is a person. If the requester fails to verify that he or

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1
she is a person within 30 days after the public body requests
2
such a verification, then the public body may deny the
3
request. For purposes of this subsection (j), a public body
4
may not require the requester to submit personal information,
5
private information, or identifying information to verify that
6
the requester is a person.
7
(Source: P.A. 104-438, eff. 1-1-26.)

8

(5 ILCS 140/3.7 new)
9

Sec. 3.7.
Mass requesters.
10

(a) A public body shall respond to a request for records
11
submitted by a mass requester within 21 business days after
12
receipt. The response shall (i) provide to the requester an
13
estimate of the time required by the public body to provide the
14
records requested and an estimate of the fees to be charged,
15
which the public body may require the person to pay in full
16
before copying the requested documents, (ii) deny the request
17
pursuant to one or more of the exemptions set out in this Act,
18
(iii) notify the requester that the request is unduly
19
burdensome and extend an opportunity to the requester to
20
attempt to reduce the request to manageable proportions, or
21
(iv) provide the records requested.
22

(b) Unless the records are exempt from disclosure, a
23
public body shall comply with a request for records within a
24
reasonable period considering the size and complexity of the
25
request and giving priority to records requested by requesters

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LRB104 18833 BDA 32278 b
1
who are not mass requesters.
2

(c) It is a violation of this Act for a person to knowingly
3
obtain a public record without disclosing the person's status
4
as a mass requester, if requested to do so by the public body,
5
within 5 business days after receiving the public body's
6
notice requesting disclosure of mass-requester status. Such
7
violation shall permit the public body to deny the request.
8

(d) If a request for records submitted by a mass requester
9
is denied, the mass requester shall notify the public body of
10
any objection and the specific basis for its objection to the
11
denial prior to (1) seeking review to the Public Access
12
Counselor as permitted in Section 9.5 or (2) filing suit for
13
injunctive or declaratory relief.
14

(e) Any mass requester denied access to inspect or copy
15
any public record by a public body, after notifying the public
16
body of its basis for objection, must first seek review of the
17
decision with the Public Access Counselor prior to filing suit
18
for injunctive or declaratory relief.
19

(f) A court shall not be required to award attorney's fees
20
to a mass requester under subsection (i) of Section 11 of the
21
Act unless the public body knowingly fails to respond or
22
provide any basis for denial.

23

(5 ILCS 140/9.5)
24

Sec. 9.5.
Public Access Counselor; opinions.
25

(a) A person whose request to inspect or copy a public

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1
record is denied by a public body, except the General Assembly
2
and committees, commissions, and agencies thereof,
and except
3
that mass requesters must first notify the public body of any
4
objection under subsection (d) of Section 3.7 and then seek
5
review under subsection (e) of Section 3.7,
may file a request
6
for review with the Public Access Counselor established in the
7
Office of the Attorney General not later than 60 days after the
8
date of the final denial. The request for review must be in
9
writing, signed by the requester, and include (i) a copy of the
10
request for access to records and (ii) any responses from the
11
public body.
12

(b) A person whose request to inspect or copy a public
13
record is made for a commercial purpose as defined in
14
subsection (c-10) of Section 2 of this Act may not file a
15
request for review with the Public Access Counselor. A person
16
whose request to inspect or copy a public record was treated by
17
the public body as a request for a commercial purpose under
18
Section 3.1 of this Act may file a request for review with the
19
Public Access Counselor for the limited purpose of reviewing
20
whether the public body properly determined that the request
21
was made for a commercial purpose.
22

(b-5) A person whose request to inspect or copy a public
23
record was treated by a public body, except the General
24
Assembly and committees, commissions, and agencies thereof, as
25
a voluminous request under Section 3.6 of this Act may file a
26
request for review with the Public Access Counselor for the

HB4683
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LRB104 18833 BDA 32278 b
1
purpose of reviewing whether the public body properly
2
determined that the request was a voluminous request.
3

(c) Upon receipt of a request for review, the Public
4
Access Counselor shall determine whether further action is
5
warranted. If the Public Access Counselor determines that the
6
alleged violation is unfounded, he or she shall so advise the
7
requester and the public body and no further action shall be
8
undertaken. In all other cases, the Public Access Counselor
9
shall forward a copy of the request for review to the public
10
body within 7 business days after receipt and shall specify
11
the records or other documents that the public body shall
12
furnish to facilitate the review. Within 7 business days after
13
receipt of the request for review, the public body shall
14
provide copies of records requested and shall otherwise fully
15
cooperate with the Public Access Counselor. If a public body
16
fails to furnish specified records pursuant to this Section,
17
or if otherwise necessary, the Attorney General may issue a
18
subpoena to any person or public body having knowledge of or
19
records pertaining to a request for review of a denial of
20
access to records under the Act. Records or documents obtained
21
by the Public Access Counselor from a public body for the
22
purpose of addressing a request for review under this Section
23
may not be disclosed to the public, including the requester,
24
by the Public Access Counselor. These records, while in the
25
possession of the Public Access Counselor, are exempt under
26
this Act from disclosure by the Public Access Counselor.

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LRB104 18833 BDA 32278 b
1

(d) Within 7 business days after it receives a copy of a
2
request for review and request for production of records from
3
the Public Access Counselor, the public body may, but is not
4
required to, answer the allegations of the request for review.
5
The answer may take the form of a letter, brief, or memorandum.
6
The Public Access Counselor shall forward a copy of the answer
7
to the person submitting the request for review, with any
8
alleged confidential information to which the request pertains
9
redacted from the copy. The requester may, but is not required
10
to, respond in writing to the answer within 7 business days and
11
shall provide a copy of the response to the public body.
12

(e) In addition to the request for review, and the answer
13
and the response thereto, if any, a requester or a public body
14
may furnish affidavits or records concerning any matter
15
germane to the review.
16

(f) Unless the Public Access Counselor extends the time by
17
no more than 30 business days by sending written notice to the
18
requester and the public body that includes a statement of the
19
reasons for the extension in the notice, or decides to address
20
the matter without the issuance of a binding opinion, the
21
Attorney General shall examine the issues and the records,
22
shall make findings of fact and conclusions of law, and shall
23
issue to the requester and the public body an opinion in
24
response to the request for review within 60 days after its
25
receipt. The opinion shall be binding upon both the requester
26
and the public body, subject to administrative review under

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1
Section 11.5.
2

In responding to any request under this Section 9.5, the
3
Attorney General may exercise his or her discretion and choose
4
to resolve a request for review by mediation or by a means
5
other than the issuance of a binding opinion. The decision not
6
to issue a binding opinion shall not be reviewable.
7

Upon receipt of a binding opinion concluding that a
8
violation of this Act has occurred, the public body shall
9
either take necessary action immediately to comply with the
10
directive of the opinion or shall initiate administrative
11
review under Section 11.5. If the opinion concludes that no
12
violation of the Act has occurred, the requester may initiate
13
administrative review under Section 11.5.
14

A public body and any officer or employee of a public body
15
that discloses records in accordance with an opinion of the
16
Attorney General is immune from all liabilities by reason
17
thereof and shall not be liable for penalties under this Act.
18

(g) If the requester files suit under Section 11 with
19
respect to the same denial that is the subject of a pending
20
request for review, the requester shall notify the Public
21
Access Counselor, and the Public Access Counselor shall take
22
no further action with respect to the request for review and
23
shall so notify the public body.
24

(h) The Attorney General may also issue advisory opinions
25
to public bodies regarding compliance with this Act. A review
26
may be initiated upon receipt of a written request from the

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1
head of the public body or its attorney, which shall contain
2
sufficient accurate facts from which a determination can be
3
made. The Public Access Counselor may request additional
4
information from the public body in order to assist in the
5
review. A public body that relies in good faith on an advisory
6
opinion of the Attorney General in responding to a request is
7
not liable for penalties under this Act, so long as the facts
8
upon which the opinion is based have been fully and fairly
9
disclosed to the Public Access Counselor.
10
(Source: P.A. 103-69, eff. 1-1-24; 104-438, eff. 1-1-26.)

11

(5 ILCS 140/11)

(from Ch. 116, par. 211)
12

Sec. 11.
(a) Any person denied access to inspect or copy
13
any public record by a public body may file suit for injunctive
14
or declaratory relief
, except that mass requesters must first
15
notify the public body of any objection under subsection (d)
16
of Section 3.7 and then seek review under subsection (e) of
17
Section 3.7
.
18

(a-5) In accordance with Section 11.6 of this Act, a
19
requester may file an action to enforce a binding opinion
20
issued under Section 9.5 of this Act.
21

(b) Where the denial is from a public body of the State,
22
suit may be filed in the circuit court for the county where the
23
public body has its principal office or where the person
24
denied access resides.
25

(c) Where the denial is from a municipality or other

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1
public body, except as provided in subsection (b) of this
2
Section, suit may be filed in the circuit court for the county
3
where the public body is located.
4

(d) The circuit court shall have the jurisdiction to
5
enjoin the public body from withholding public records and to
6
order the production of any public records improperly withheld
7
from the person seeking access. If the public body can show
8
that exceptional circumstances exist, and that the body is
9
exercising due diligence in responding to the request, the
10
court may retain jurisdiction and allow the agency additional
11
time to complete its review of the records.
12

(e) On motion of the plaintiff, prior to or after in camera
13
inspection, the court shall order the public body to provide
14
an index of the records to which access has been denied. The
15
index shall include the following:
16

(i) A description of the nature or contents of each
17

document withheld, or each deletion from a released
18

document, provided, however, that the public body shall
19

not be required to disclose the information which it
20

asserts is exempt; and
21

(ii) A statement of the exemption or exemptions
22

claimed for each such deletion or withheld document.
23

(f) In any action considered by the court, the court shall
24
consider the matter de novo, and shall conduct such in camera
25
examination of the requested records as it finds appropriate
26
to determine if such records or any part thereof may be

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1
withheld under any provision of this Act. The burden shall be
2
on the public body to establish that its refusal to permit
3
public inspection or copying is in accordance with the
4
provisions of this Act. Any public body that asserts that a
5
record is exempt from disclosure has the burden of proving
6
that it is exempt by clear and convincing evidence.
7

(g) In the event of noncompliance with an order of the
8
court to disclose, the court may enforce its order against any
9
public official or employee so ordered or primarily
10
responsible for such noncompliance through the court's
11
contempt powers.
12

(h) Except as to causes the court considers to be of
13
greater importance, proceedings arising under this Section
14
shall take precedence on the docket over all other causes and
15
be assigned for hearing and trial at the earliest practicable
16
date and expedited in every way.
17

(i) If a person seeking the right to inspect or receive a
18
copy of a public record prevails in a proceeding under this
19
Section
, except as provided under subsection (f) of Section
20
3.7
, the court shall award such person reasonable attorney's
21
fees and costs. In determining what amount of attorney's fees
22
is reasonable, the court shall consider the degree to which
23
the relief obtained relates to the relief sought. The changes
24
contained in this subsection apply to an action filed on or
25
after January 1, 2010 (the effective date of Public Act
26
96-542).

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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 than $2,500 nor more than
5
$5,000 for each occurrence. In assessing the civil penalty,
6
the court shall consider in aggravation or mitigation the
7
budget of the public body and whether the public body has
8
previously been assessed penalties for violations of this Act.
9
The court may impose an additional penalty of up to $1,000 for
10
each day the violation continues if:
11

(1) the public body fails to comply with the court's
12

order after 30 days;
13

(2) the court's order is not on appeal or stayed; and
14

(3) the court does not grant the public body
15

additional time to comply with the court's order to
16

disclose public records.
17

The changes contained in this subsection made by Public
18
Act 96-542 apply to an action filed on or after January 1, 2010
19
(the effective date of Public Act 96-542).
20

(k) The changes to this Section made by this amendatory
21
Act of the 99th General Assembly apply to actions filed on or
22
after the effective date of this amendatory Act of the 99th
23
General Assembly.
24
(Source: P.A. 99-586, eff. 1-1-17; 99-642, eff. 7-28-16
.)

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