SB 1826

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Full Text of SB1826
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	SB1826 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1826
Introduced 2/5/2025, by Sen. Mike Porfirio
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. Includes the judicial body and its components in the definition of "public body". Defines "public records" when that term is associated with the judicial body and its components. Exempts from inspection and copying (i) records of the judicial body and its components that pertain to the preparation of judicial opinions and orders or judicial work product and (ii) records that are privileged or confidential under the Illinois Code of Judicial Conduct or the Illinois Rules of Professional Conduct. Provides that a person whose request to inspect or copy a public record was denied or treated as a voluminous request by the judicial body and its components may not file a request for review with the Public Access Counselor.
LRB104 02962 LNS 12978 b
A BILL FOR
		SB1826		LRB104 02962 LNS 12978 b
1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Freedom of Information Act is amended by
5changing 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,
9judicial, administrative, or advisory bodies of the State, or 
10their components, state universities and colleges, counties,
11townships, cities, villages, incorporated towns, school
12districts and all other municipal corporations, boards,
13bureaus, committees, or commissions of this State, any
14subsidiary bodies of any of the foregoing including but not
15limited to committees and subcommittees thereof, and a School
16Finance Authority created under Article 1E of the School Code.
17"Public body" does not include a child death review team or the
18Illinois Child Death Review Teams Executive Council
19established under the Child Death Review Team Act, or a
20regional youth advisory board or the Statewide Youth Advisory
21Board established under the Department of Children and Family
22Services Statewide Youth Advisory Board Act.
23    (b) "Person" means any individual, corporation,
		SB1826	- 2 -	LRB104 02962 LNS 12978 b
1partnership, firm, organization or association, acting
2individually or as a group.
3    (c) "Public records" means all records, reports, forms,
4writings, letters, memoranda, books, papers, maps,
5photographs, microfilms, cards, tapes, recordings, electronic
6data processing records, electronic communications, recorded
7information and all other documentary materials pertaining to
8the transaction of public business, regardless of physical
9form or characteristics, having been prepared by or for, or
10having been or being used by, received by, in the possession
11of, or under the control of any public body. For the judicial 
12body and its components, "public records" includes, but is not 
13limited to, the following records in possession of the 
14judicial body or its components, as long as the record has been 
15anonymized and all personally identifiable information, 
16including, but not limited to, personally identifiable 
17information of a juvenile, such as the juvenile's name and 
18date of birth, has been anonymized: juvenile court and 
19juvenile detention information; criminal charges; detention 
20date; release date; reason for detention; orders for pretrial 
21services; orders for electronic monitoring and case 
22disposition; and contracts related to pretrial or post 
23adjudication services, programs, or monitoring and any 
24finalized reports or evaluations of those programs.
25    (c-5) "Private information" means unique identifiers,
26including a person's social security number, driver's license
		SB1826	- 3 -	LRB104 02962 LNS 12978 b
1number, employee identification number, biometric identifiers,
2personal financial information, passwords or other access
3codes, medical records, home or personal telephone numbers,
4and personal email addresses. Private information also
5includes home address and personal license plates, except as
6otherwise provided by law or when compiled without possibility
7of attribution to any person. For a public body that is a
8HIPAA-covered entity, "private information" includes
9electronic medical records and all information, including
10demographic information, contained within or extracted from an
11electronic medical records system operated or maintained by
12the public body in compliance with State and federal medical
13privacy laws and regulations, including, but not limited to,
14the Health Insurance Portability and Accountability Act and
15its regulations, 45 CFR Parts 160 and 164. As used in this
16subsection, "HIPAA-covered entity" has the meaning given to
17the term "covered entity" in 45 CFR 160.103.
18    (c-10) "Commercial purpose" means the use of any part of a
19public record or records, or information derived from public
20records, in any form for sale, resale, or solicitation or
21advertisement for sales or services. For purposes of this
22definition, requests made by news media and non-profit,
23scientific, or academic organizations shall not be considered
24to be made for a "commercial purpose" when the principal
25purpose of the request is (i) to access and disseminate
26information concerning news and current or passing events,
		SB1826	- 4 -	LRB104 02962 LNS 12978 b
1(ii) for articles of opinion or features of interest to the
2public, or (iii) for the purpose of academic, scientific, or
3public research or education.
4    (d) "Copying" means the reproduction of any public record
5by means of any photographic, electronic, mechanical or other
6process, device or means now known or hereafter developed and
7available to the public body.
8    (e) "Head of the public body" means the president, mayor,
9chairman, presiding officer, director, superintendent,
10manager, supervisor or individual otherwise holding primary
11executive and administrative authority for the public body, or
12such person's duly authorized designee.
13    (f) "News media" means a newspaper or other periodical
14issued at regular intervals whether in print or electronic
15format, a news service whether in print or electronic format,
16a radio station, a television station, a television network, a
17community antenna television service, or a person or
18corporation engaged in making news reels or other motion
19picture news for public showing.
20    (g) "Recurrent requester", as used in Section 3.2 of this
21Act, means a person that, in the 12 months immediately
22preceding the request, has submitted to the same public body
23(i) a minimum of 50 requests for records, (ii) a minimum of 15
24requests for records within a 30-day period, or (iii) a
25minimum of 7 requests for records within a 7-day period. For
26purposes of this definition, requests made by news media and
		SB1826	- 5 -	LRB104 02962 LNS 12978 b
1non-profit, scientific, or academic organizations shall not be
2considered in calculating the number of requests made in the
3time periods in this definition when the principal purpose of
4the requests is (i) to access and disseminate information
5concerning news and current or passing events, (ii) for
6articles of opinion or features of interest to the public, or
7(iii) for the purpose of academic, scientific, or public
8research or education.
9    For the purposes of this subsection (g), "request" means a
10written document (or oral request, if the public body chooses
11to honor oral requests) that is submitted to a public body via
12personal delivery, mail, telefax, electronic mail, or other
13means available to the public body and that identifies the
14particular public record the requester seeks. One request may
15identify multiple records to be inspected or copied.
16    (h) "Voluminous request" means a request that: (i)
17includes more than 5 individual requests for more than 5
18different categories of records or a combination of individual
19requests that total requests for more than 5 different
20categories of records in a period of 20 business days; or (ii)
21requires the compilation of more than 500 letter or
22legal-sized pages of public records unless a single requested
23record exceeds 500 pages. "Single requested record" may
24include, but is not limited to, one report, form, e-mail,
25letter, memorandum, book, map, microfilm, tape, or recording.
26    "Voluminous request" does not include a request made by
		SB1826	- 6 -	LRB104 02962 LNS 12978 b
1news media and non-profit, scientific, or academic
2organizations if the principal purpose of the request is: (1)
3to access and disseminate information concerning news and
4current or passing events; (2) for articles of opinion or
5features of interest to the public; or (3) for the purpose of
6academic, scientific, or public research or education.
7    For the purposes of this subsection (h), "request" means a
8written document, or oral request, if the public body chooses
9to honor oral requests, that is submitted to a public body via
10personal delivery, mail, telefax, electronic mail, or other
11means available to the public body and that identifies the
12particular public record or records the requester seeks. One
13request may identify multiple individual records to be
14inspected or copied.
15    (i) "Severance agreement" means a mutual agreement between
16any public body and its employee for the employee's
17resignation in exchange for payment by the public body.
18(Source: P.A. 103-554, eff. 1-1-24.)
19    (5 ILCS 140/7)
20    (Text of Section before amendment by P.A. 103-865)
21    Sec. 7. Exemptions.
22    (1) When a request is made to inspect or copy a public
23record that contains information that is exempt from
24disclosure under this Section, but also contains information
25that is not exempt from disclosure, the public body may elect
		SB1826	- 7 -	LRB104 02962 LNS 12978 b
1to redact the information that is exempt. The public body
2shall make the remaining information available for inspection
3and copying. Subject to this requirement, the following shall
4be exempt from inspection and copying:
5        (a) Information specifically prohibited from
6    disclosure by federal or State law or rules and
7    regulations implementing federal or State law.
8        (b) Private information, unless disclosure is required
9    by another provision of this Act, a State or federal law,
10    or a court order.
11        (b-5) Files, documents, and other data or databases
12    maintained by one or more law enforcement agencies and
13    specifically designed to provide information to one or
14    more law enforcement agencies regarding the physical or
15    mental status of one or more individual subjects.
16        (c) Personal information contained within public
17    records, the disclosure of which would constitute a
18    clearly unwarranted invasion of personal privacy, unless
19    the disclosure is consented to in writing by the
20    individual subjects of the information. "Unwarranted
21    invasion of personal privacy" means the disclosure of
22    information that is highly personal or objectionable to a
23    reasonable person and in which the subject's right to
24    privacy outweighs any legitimate public interest in
25    obtaining the information. The disclosure of information
26    that bears on the public duties of public employees and
		SB1826	- 8 -	LRB104 02962 LNS 12978 b
1    officials shall not be considered an invasion of personal
2    privacy.
3        (d) Records in the possession of any public body
4    created in the course of administrative enforcement
5    proceedings, and any law enforcement or correctional
6    agency for law enforcement purposes, but only to the
7    extent that disclosure would:
8            (i) interfere with pending or actually and
9        reasonably contemplated law enforcement proceedings
10        conducted by any law enforcement or correctional
11        agency that is the recipient of the request;
12            (ii) interfere with active administrative
13        enforcement proceedings conducted by the public body
14        that is the recipient of the request;
15            (iii) create a substantial likelihood that a
16        person will be deprived of a fair trial or an impartial
17        hearing;
18            (iv) unavoidably disclose the identity of a
19        confidential source, confidential information
20        furnished only by the confidential source, or persons
21        who file complaints with or provide information to
22        administrative, investigative, law enforcement, or
23        penal agencies; except that the identities of
24        witnesses to traffic crashes, traffic crash reports,
25        and rescue reports shall be provided by agencies of
26        local government, except when disclosure would
		SB1826	- 9 -	LRB104 02962 LNS 12978 b
1        interfere with an active criminal investigation
2        conducted by the agency that is the recipient of the
3        request;
4            (v) disclose unique or specialized investigative
5        techniques other than those generally used and known
6        or disclose internal documents of correctional
7        agencies related to detection, observation, or
8        investigation of incidents of crime or misconduct, and
9        disclosure would result in demonstrable harm to the
10        agency or public body that is the recipient of the
11        request;
12            (vi) endanger the life or physical safety of law
13        enforcement personnel or any other person; or
14            (vii) obstruct an ongoing criminal investigation
15        by the agency that is the recipient of the request.
16        (d-5) A law enforcement record created for law
17    enforcement purposes and contained in a shared electronic
18    record management system if the law enforcement agency
19    that is the recipient of the request did not create the
20    record, did not participate in or have a role in any of the
21    events which are the subject of the record, and only has
22    access to the record through the shared electronic record
23    management system.
24        (d-6) Records contained in the Officer Professional
25    Conduct Database under Section 9.2 of the Illinois Police
26    Training Act, except to the extent authorized under that
		SB1826	- 10 -	LRB104 02962 LNS 12978 b
1    Section. This includes the documents supplied to the
2    Illinois Law Enforcement Training Standards Board from the
3    Illinois State Police and Illinois State Police Merit
4    Board.
5        (d-7) Information gathered or records created from the
6    use of automatic license plate readers in connection with
7    Section 2-130 of the Illinois Vehicle Code.
8        (e) Records that relate to or affect the security of
9    correctional institutions and detention facilities.
10        (e-5) Records requested by persons committed to the
11    Department of Corrections, Department of Human Services
12    Division of Mental Health, or a county jail if those
13    materials are available in the library of the correctional
14    institution or facility or jail where the inmate is
15    confined.
16        (e-6) Records requested by persons committed to the
17    Department of Corrections, Department of Human Services
18    Division of Mental Health, or a county jail if those
19    materials include records from staff members' personnel
20    files, staff rosters, or other staffing assignment
21    information.
22        (e-7) Records requested by persons committed to the
23    Department of Corrections or Department of Human Services
24    Division of Mental Health if those materials are available
25    through an administrative request to the Department of
26    Corrections or Department of Human Services Division of
		SB1826	- 11 -	LRB104 02962 LNS 12978 b
1    Mental Health.
2        (e-8) Records requested by a person committed to the
3    Department of Corrections, Department of Human Services
4    Division of Mental Health, or a county jail, the
5    disclosure of which would result in the risk of harm to any
6    person or the risk of an escape from a jail or correctional
7    institution or facility.
8        (e-9) Records requested by a person in a county jail
9    or committed to the Department of Corrections or
10    Department of Human Services Division of Mental Health,
11    containing personal information pertaining to the person's
12    victim or the victim's family, including, but not limited
13    to, a victim's home address, home telephone number, work
14    or school address, work telephone number, social security
15    number, or any other identifying information, except as
16    may be relevant to a requester's current or potential case
17    or claim.
18        (e-10) Law enforcement records of other persons
19    requested by a person committed to the Department of
20    Corrections, Department of Human Services Division of
21    Mental Health, or a county jail, including, but not
22    limited to, arrest and booking records, mug shots, and
23    crime scene photographs, except as these records may be
24    relevant to the requester's current or potential case or
25    claim.
26        (f) Preliminary drafts, notes, recommendations,
		SB1826	- 12 -	LRB104 02962 LNS 12978 b
1    memoranda, and other records in which opinions are
2    expressed, or policies or actions are formulated, except
3    that a specific record or relevant portion of a record
4    shall not be exempt when the record is publicly cited and
5    identified by the head of the public body. The exemption
6    provided in this paragraph (f) extends to all those
7    records of officers and agencies of the General Assembly
8    that pertain to the preparation of legislative documents.
9        (g) Trade secrets and commercial or financial
10    information obtained from a person or business where the
11    trade secrets or commercial or financial information are
12    furnished under a claim that they are proprietary,
13    privileged, or confidential, and that disclosure of the
14    trade secrets or commercial or financial information would
15    cause competitive harm to the person or business, and only
16    insofar as the claim directly applies to the records
17    requested.
18        The information included under this exemption includes
19    all trade secrets and commercial or financial information
20    obtained by a public body, including a public pension
21    fund, from a private equity fund or a privately held
22    company within the investment portfolio of a private
23    equity fund as a result of either investing or evaluating
24    a potential investment of public funds in a private equity
25    fund. The exemption contained in this item does not apply
26    to the aggregate financial performance information of a
		SB1826	- 13 -	LRB104 02962 LNS 12978 b
1    private equity fund, nor to the identity of the fund's
2    managers or general partners. The exemption contained in
3    this item does not apply to the identity of a privately
4    held company within the investment portfolio of a private
5    equity fund, unless the disclosure of the identity of a
6    privately held company may cause competitive harm.
7        Nothing contained in this paragraph (g) shall be
8    construed to prevent a person or business from consenting
9    to disclosure.
10        (h) Proposals and bids for any contract, grant, or
11    agreement, including information which if it were
12    disclosed would frustrate procurement or give an advantage
13    to any person proposing to enter into a contractor
14    agreement with the body, until an award or final selection
15    is made. Information prepared by or for the body in
16    preparation of a bid solicitation shall be exempt until an
17    award or final selection is made.
18        (i) Valuable formulae, computer geographic systems,
19    designs, drawings, and research data obtained or produced
20    by any public body when disclosure could reasonably be
21    expected to produce private gain or public loss. The
22    exemption for "computer geographic systems" provided in
23    this paragraph (i) does not extend to requests made by
24    news media as defined in Section 2 of this Act when the
25    requested information is not otherwise exempt and the only
26    purpose of the request is to access and disseminate
		SB1826	- 14 -	LRB104 02962 LNS 12978 b
1    information regarding the health, safety, welfare, or
2    legal rights of the general public.
3        (j) The following information pertaining to
4    educational matters:
5            (i) test questions, scoring keys, and other
6        examination data used to administer an academic
7        examination;
8            (ii) information received by a primary or
9        secondary school, college, or university under its
10        procedures for the evaluation of faculty members by
11        their academic peers;
12            (iii) information concerning a school or
13        university's adjudication of student disciplinary
14        cases, but only to the extent that disclosure would
15        unavoidably reveal the identity of the student; and
16            (iv) course materials or research materials used
17        by faculty members.
18        (k) Architects' plans, engineers' technical
19    submissions, and other construction related technical
20    documents for projects not constructed or developed in
21    whole or in part with public funds and the same for
22    projects constructed or developed with public funds,
23    including, but not limited to, power generating and
24    distribution stations and other transmission and
25    distribution facilities, water treatment facilities,
26    airport facilities, sport stadiums, convention centers,
		SB1826	- 15 -	LRB104 02962 LNS 12978 b
1    and all government owned, operated, or occupied buildings,
2    but only to the extent that disclosure would compromise
3    security.
4        (l) Minutes of meetings of public bodies closed to the
5    public as provided in the Open Meetings Act until the
6    public body makes the minutes available to the public
7    under Section 2.06 of the Open Meetings Act.
8        (m) Communications between a public body and an
9    attorney or auditor representing the public body that
10    would not be subject to discovery in litigation, and
11    materials prepared or compiled by or for a public body in
12    anticipation of a criminal, civil, or administrative
13    proceeding upon the request of an attorney advising the
14    public body, and materials prepared or compiled with
15    respect to internal audits of public bodies.
16        (n) Records relating to a public body's adjudication
17    of employee grievances or disciplinary cases; however,
18    this exemption shall not extend to the final outcome of
19    cases in which discipline is imposed.
20        (o) Administrative or technical information associated
21    with automated data processing operations, including, but
22    not limited to, software, operating protocols, computer
23    program abstracts, file layouts, source listings, object
24    modules, load modules, user guides, documentation
25    pertaining to all logical and physical design of
26    computerized systems, employee manuals, and any other
		SB1826	- 16 -	LRB104 02962 LNS 12978 b
1    information that, if disclosed, would jeopardize the
2    security of the system or its data or the security of
3    materials exempt under this Section.
4        (p) Records relating to collective negotiating matters
5    between public bodies and their employees or
6    representatives, except that any final contract or
7    agreement shall be subject to inspection and copying.
8        (q) Test questions, scoring keys, and other
9    examination data used to determine the qualifications of
10    an applicant for a license or employment.
11        (r) The records, documents, and information relating
12    to real estate purchase negotiations until those
13    negotiations have been completed or otherwise terminated.
14    With regard to a parcel involved in a pending or actually
15    and reasonably contemplated eminent domain proceeding
16    under the Eminent Domain Act, records, documents, and
17    information relating to that parcel shall be exempt except
18    as may be allowed under discovery rules adopted by the
19    Illinois Supreme Court. The records, documents, and
20    information relating to a real estate sale shall be exempt
21    until a sale is consummated.
22        (s) Any and all proprietary information and records
23    related to the operation of an intergovernmental risk
24    management association or self-insurance pool or jointly
25    self-administered health and accident cooperative or pool.
26    Insurance or self-insurance (including any
		SB1826	- 17 -	LRB104 02962 LNS 12978 b
1    intergovernmental risk management association or
2    self-insurance pool) claims, loss or risk management
3    information, records, data, advice, or communications.
4        (t) Information contained in or related to
5    examination, operating, or condition reports prepared by,
6    on behalf of, or for the use of a public body responsible
7    for the regulation or supervision of financial
8    institutions, insurance companies, or pharmacy benefit
9    managers, unless disclosure is otherwise required by State
10    law.
11        (u) Information that would disclose or might lead to
12    the disclosure of secret or confidential information,
13    codes, algorithms, programs, or private keys intended to
14    be used to create electronic signatures under the Uniform
15    Electronic Transactions Act.
16        (v) Vulnerability assessments, security measures, and
17    response policies or plans that are designed to identify,
18    prevent, or respond to potential attacks upon a
19    community's population or systems, facilities, or
20    installations, but only to the extent that disclosure
21    could reasonably be expected to expose the vulnerability
22    or jeopardize the effectiveness of the measures, policies,
23    or plans, or the safety of the personnel who implement
24    them or the public. Information exempt under this item may
25    include such things as details pertaining to the
26    mobilization or deployment of personnel or equipment, to
		SB1826	- 18 -	LRB104 02962 LNS 12978 b
1    the operation of communication systems or protocols, to
2    cybersecurity vulnerabilities, or to tactical operations.
3        (w) (Blank).
4        (x) Maps and other records regarding the location or
5    security of generation, transmission, distribution,
6    storage, gathering, treatment, or switching facilities
7    owned by a utility, by a power generator, or by the
8    Illinois Power Agency.
9        (y) Information contained in or related to proposals,
10    bids, or negotiations related to electric power
11    procurement under Section 1-75 of the Illinois Power
12    Agency Act and Section 16-111.5 of the Public Utilities
13    Act that is determined to be confidential and proprietary
14    by the Illinois Power Agency or by the Illinois Commerce
15    Commission.
16        (z) Information about students exempted from
17    disclosure under Section 10-20.38 or 34-18.29 of the
18    School Code, and information about undergraduate students
19    enrolled at an institution of higher education exempted
20    from disclosure under Section 25 of the Illinois Credit
21    Card Marketing Act of 2009.
22        (aa) Information the disclosure of which is exempted
23    under the Viatical Settlements Act of 2009.
24        (bb) Records and information provided to a mortality
25    review team and records maintained by a mortality review
26    team appointed under the Department of Juvenile Justice
		SB1826	- 19 -	LRB104 02962 LNS 12978 b
1    Mortality Review Team Act.
2        (cc) Information regarding interments, entombments, or
3    inurnments of human remains that are submitted to the
4    Cemetery Oversight Database under the Cemetery Care Act or
5    the Cemetery Oversight Act, whichever is applicable.
6        (dd) Correspondence and records (i) that may not be
7    disclosed under Section 11-9 of the Illinois Public Aid
8    Code or (ii) that pertain to appeals under Section 11-8 of
9    the Illinois Public Aid Code.
10        (ee) The names, addresses, or other personal
11    information of persons who are minors and are also
12    participants and registrants in programs of park
13    districts, forest preserve districts, conservation
14    districts, recreation agencies, and special recreation
15    associations.
16        (ff) The names, addresses, or other personal
17    information of participants and registrants in programs of
18    park districts, forest preserve districts, conservation
19    districts, recreation agencies, and special recreation
20    associations where such programs are targeted primarily to
21    minors.
22        (gg) Confidential information described in Section
23    1-100 of the Illinois Independent Tax Tribunal Act of
24    2012.
25        (hh) The report submitted to the State Board of
26    Education by the School Security and Standards Task Force
		SB1826	- 20 -	LRB104 02962 LNS 12978 b
1    under item (8) of subsection (d) of Section 2-3.160 of the
2    School Code and any information contained in that report.
3        (ii) Records requested by persons committed to or
4    detained by the Department of Human Services under the
5    Sexually Violent Persons Commitment Act or committed to
6    the Department of Corrections under the Sexually Dangerous
7    Persons Act if those materials: (i) are available in the
8    library of the facility where the individual is confined;
9    (ii) include records from staff members' personnel files,
10    staff rosters, or other staffing assignment information;
11    or (iii) are available through an administrative request
12    to the Department of Human Services or the Department of
13    Corrections.
14        (jj) Confidential information described in Section
15    5-535 of the Civil Administrative Code of Illinois.
16        (kk) The public body's credit card numbers, debit card
17    numbers, bank account numbers, Federal Employer
18    Identification Number, security code numbers, passwords,
19    and similar account information, the disclosure of which
20    could result in identity theft or impression or defrauding
21    of a governmental entity or a person.
22        (ll) Records concerning the work of the threat
23    assessment team of a school district, including, but not
24    limited to, any threat assessment procedure under the
25    School Safety Drill Act and any information contained in
26    the procedure.
		SB1826	- 21 -	LRB104 02962 LNS 12978 b
1        (mm) Information prohibited from being disclosed under
2    subsections (a) and (b) of Section 15 of the Student
3    Confidential Reporting Act.
4        (nn) Proprietary information submitted to the
5    Environmental Protection Agency under the Drug Take-Back
6    Act.
7        (oo) Records described in subsection (f) of Section
8    3-5-1 of the Unified Code of Corrections.
9        (pp) Any and all information regarding burials,
10    interments, or entombments of human remains as required to
11    be reported to the Department of Natural Resources
12    pursuant either to the Archaeological and Paleontological
13    Resources Protection Act or the Human Remains Protection
14    Act.
15        (qq) Reports described in subsection (e) of Section
16    16-15 of the Abortion Care Clinical Training Program Act.
17        (rr) Information obtained by a certified local health
18    department under the Access to Public Health Data Act.
19        (ss) For a request directed to a public body that is
20    also a HIPAA-covered entity, all information that is
21    protected health information, including demographic
22    information, that may be contained within or extracted
23    from any record held by the public body in compliance with
24    State and federal medical privacy laws and regulations,
25    including, but not limited to, the Health Insurance
26    Portability and Accountability Act and its regulations, 45
		SB1826	- 22 -	LRB104 02962 LNS 12978 b
1    CFR Parts 160 and 164. As used in this paragraph,
2    "HIPAA-covered entity" has the meaning given to the term
3    "covered entity" in 45 CFR 160.103 and "protected health
4    information" has the meaning given to that term in 45 CFR
5    160.103.
6    (1.5) Any information exempt from disclosure under the
7Judicial Privacy Act shall be redacted from public records
8prior to disclosure under this Act.
9    (2) A public record that is not in the possession of a
10public body but is in the possession of a party with whom the
11agency has contracted to perform a governmental function on
12behalf of the public body, and that directly relates to the
13governmental function and is not otherwise exempt under this
14Act, shall be considered a public record of the public body,
15for purposes of this Act.
16    (3) This Section does not authorize withholding of
17information or limit the availability of records to the
18public, except as stated in this Section or otherwise provided
19in this Act.
20(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
21102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
221-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
23eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
24103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
258-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
26eff. 7-1-24.)
		SB1826	- 23 -	LRB104 02962 LNS 12978 b
1    (Text of Section after amendment by P.A. 103-865)
2    Sec. 7. Exemptions.
3    (1) When a request is made to inspect or copy a public
4record that contains information that is exempt from
5disclosure under this Section, but also contains information
6that is not exempt from disclosure, the public body may elect
7to redact the information that is exempt. The public body
8shall make the remaining information available for inspection
9and copying. Subject to this requirement, the following shall
10be exempt from inspection and copying:
11        (a) Information specifically prohibited from
12    disclosure by federal or State law or rules and
13    regulations 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,
16    or 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
20    more law enforcement agencies regarding the physical or
21    mental status of one or more individual subjects.
22        (c) Personal information contained within public
23    records, the disclosure of which would constitute a
24    clearly unwarranted invasion of personal privacy, unless
25    the disclosure is consented to in writing by the
		SB1826	- 24 -	LRB104 02962 LNS 12978 b
1    individual subjects of the information. "Unwarranted
2    invasion of personal privacy" means the disclosure of
3    information that is highly personal or objectionable to a
4    reasonable person and in which the subject's right to
5    privacy outweighs any legitimate public interest in
6    obtaining the information. The disclosure of information
7    that bears on the public duties of public employees and
8    officials shall not be considered an invasion of personal
9    privacy.
10        (d) Records in the possession of any public body
11    created in the course of administrative enforcement
12    proceedings, and any law enforcement or correctional
13    agency for law enforcement purposes, but only to the
14    extent that disclosure would:
15            (i) interfere with pending or actually and
16        reasonably contemplated law enforcement proceedings
17        conducted by any law enforcement or correctional
18        agency that is the recipient of the request;
19            (ii) interfere with active administrative
20        enforcement proceedings conducted by the public body
21        that is the recipient of the request;
22            (iii) create a substantial likelihood that a
23        person will be deprived of a fair trial or an impartial
24        hearing;
25            (iv) unavoidably disclose the identity of a
26        confidential source, confidential information
		SB1826	- 25 -	LRB104 02962 LNS 12978 b
1        furnished only by the confidential source, or persons
2        who file complaints with or provide information to
3        administrative, investigative, law enforcement, or
4        penal agencies; except that the identities of
5        witnesses to traffic crashes, traffic crash reports,
6        and rescue reports shall be provided by agencies of
7        local government, except when disclosure would
8        interfere with an active criminal investigation
9        conducted by the agency that is the recipient of the
10        request;
11            (v) disclose unique or specialized investigative
12        techniques other than those generally used and known
13        or disclose internal documents of correctional
14        agencies related to detection, observation, or
15        investigation of incidents of crime or misconduct, and
16        disclosure would result in demonstrable harm to the
17        agency or public body that is the recipient of the
18        request;
19            (vi) endanger the life or physical safety of law
20        enforcement personnel or any other person; or
21            (vii) obstruct an ongoing criminal investigation
22        by the agency that is the recipient of the request.
23        (d-5) A law enforcement record created for law
24    enforcement purposes and contained in a shared electronic
25    record management system if the law enforcement agency
26    that is the recipient of the request did not create the
		SB1826	- 26 -	LRB104 02962 LNS 12978 b
1    record, did not participate in or have a role in any of the
2    events which are the subject of the record, and only has
3    access to the record through the shared electronic record
4    management system.
5        (d-6) Records contained in the Officer Professional
6    Conduct Database under Section 9.2 of the Illinois Police
7    Training Act, except to the extent authorized under that
8    Section. This includes the documents supplied to the
9    Illinois Law Enforcement Training Standards Board from the
10    Illinois State Police and Illinois State Police Merit
11    Board.
12        (d-7) Information gathered or records created from the
13    use of automatic license plate readers in connection with
14    Section 2-130 of the Illinois Vehicle Code.
15        (e) Records that relate to or affect the security of
16    correctional institutions and detention facilities.
17        (e-5) Records requested by persons committed to the
18    Department of Corrections, Department of Human Services
19    Division of Mental Health, or a county jail if those
20    materials are available in the library of the correctional
21    institution or facility or jail where the inmate is
22    confined.
23        (e-6) 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 include records from staff members' personnel
		SB1826	- 27 -	LRB104 02962 LNS 12978 b
1    files, staff rosters, or other staffing assignment
2    information.
3        (e-7) Records requested by persons committed to the
4    Department of Corrections or Department of Human Services
5    Division of Mental Health if those materials are available
6    through an administrative request to the Department of
7    Corrections or Department of Human Services Division of
8    Mental Health.
9        (e-8) Records requested by a person committed to the
10    Department of Corrections, Department of Human Services
11    Division of Mental Health, or a county jail, the
12    disclosure of which would result in the risk of harm to any
13    person or the risk of an escape from a jail or correctional
14    institution or facility.
15        (e-9) Records requested by a person in a county jail
16    or committed to the Department of Corrections or
17    Department of Human Services Division of Mental Health,
18    containing personal information pertaining to the person's
19    victim or the victim's family, including, but not limited
20    to, a victim's home address, home telephone number, work
21    or school address, work telephone number, social security
22    number, or any other identifying information, except as
23    may be relevant to a requester's current or potential case
24    or claim.
25        (e-10) Law enforcement records of other persons
26    requested by a person committed to the Department of
		SB1826	- 28 -	LRB104 02962 LNS 12978 b
1    Corrections, Department of Human Services Division of
2    Mental Health, or a county jail, including, but not
3    limited to, arrest and booking records, mug shots, and
4    crime scene photographs, except as these records may be
5    relevant to the requester's current or potential case or
6    claim.
7        (f) Preliminary drafts, notes, recommendations,
8    memoranda, and other records in which opinions are
9    expressed, or policies or actions are formulated, except
10    that a specific record or relevant portion of a record
11    shall not be exempt when the record is publicly cited and
12    identified by the head of the public body. The exemption
13    provided in this paragraph (f) extends to all those
14    records of officers and agencies of the General Assembly
15    that pertain to the preparation of legislative documents
16    and to all those records of the judicial body and its 
17    components that pertain to the preparation of judicial 
18    opinions and orders or judicial work product.
19        (g) Trade secrets and commercial or financial
20    information obtained from a person or business where the
21    trade secrets or commercial or financial information are
22    furnished under a claim that they are proprietary,
23    privileged, or confidential, and that disclosure of the
24    trade secrets or commercial or financial information would
25    cause competitive harm to the person or business, and only
26    insofar as the claim directly applies to the records
		SB1826	- 29 -	LRB104 02962 LNS 12978 b
1    requested.
2        The information included under this exemption includes
3    all trade secrets and commercial or financial information
4    obtained by a public body, including a public pension
5    fund, from a private equity fund or a privately held
6    company within the investment portfolio of a private
7    equity fund as a result of either investing or evaluating
8    a potential investment of public funds in a private equity
9    fund. The exemption contained in this item does not apply
10    to the aggregate financial performance information of a
11    private equity fund, nor to the identity of the fund's
12    managers or general partners. The exemption contained in
13    this item does not apply to the identity of a privately
14    held company within the investment portfolio of a private
15    equity fund, unless the disclosure of the identity of a
16    privately held company may cause competitive harm.
17        Nothing contained in this paragraph (g) shall be
18    construed to prevent a person or business from consenting
19    to disclosure.
20        (h) Proposals and bids for any contract, grant, or
21    agreement, including information which if it were
22    disclosed would frustrate procurement or give an advantage
23    to any person proposing to enter into a contractor
24    agreement with the body, until an award or final selection
25    is made. Information prepared by or for the body in
26    preparation of a bid solicitation shall be exempt until an
		SB1826	- 30 -	LRB104 02962 LNS 12978 b
1    award or final selection is made.
2        (i) Valuable formulae, computer geographic systems,
3    designs, drawings, and research data obtained or produced
4    by any public body when disclosure could reasonably be
5    expected to produce private gain or public loss. The
6    exemption for "computer geographic systems" provided in
7    this paragraph (i) does not extend to requests made by
8    news media as defined in Section 2 of this Act when the
9    requested information is not otherwise exempt and the only
10    purpose of the request is to access and disseminate
11    information regarding the health, safety, welfare, or
12    legal rights of the general public.
13        (j) The following information pertaining to
14    educational matters:
15            (i) test questions, scoring keys, and other
16        examination data used to administer an academic
17        examination;
18            (ii) information received by a primary or
19        secondary school, college, or university under its
20        procedures for the evaluation of faculty members by
21        their academic peers;
22            (iii) information concerning a school or
23        university's adjudication of student disciplinary
24        cases, but only to the extent that disclosure would
25        unavoidably reveal the identity of the student; and
26            (iv) course materials or research materials used
		SB1826	- 31 -	LRB104 02962 LNS 12978 b
1        by faculty members.
2        (k) Architects' plans, engineers' technical
3    submissions, and other construction related technical
4    documents for projects not constructed or developed in
5    whole or in part with public funds and the same for
6    projects constructed or developed with public funds,
7    including, but not limited to, power generating and
8    distribution stations and other transmission and
9    distribution facilities, water treatment facilities,
10    airport facilities, sport stadiums, convention centers,
11    and all government owned, operated, or occupied buildings,
12    but only to the extent that disclosure would compromise
13    security.
14        (l) Minutes of meetings of public bodies closed to the
15    public as provided in the Open Meetings Act until the
16    public body makes the minutes available to the public
17    under Section 2.06 of the Open Meetings Act.
18        (m) Communications between a public body and an
19    attorney or auditor representing the public body that
20    would not be subject to discovery in litigation, and
21    materials prepared or compiled by or for a public body in
22    anticipation of a criminal, civil, or administrative
23    proceeding upon the request of an attorney advising the
24    public body, and materials prepared or compiled with
25    respect to internal audits of public bodies.
26        (n) Records relating to a public body's adjudication
		SB1826	- 32 -	LRB104 02962 LNS 12978 b
1    of employee grievances or disciplinary cases; however,
2    this exemption shall not extend to the final outcome of
3    cases in which discipline is imposed.
4        (o) Administrative or technical information associated
5    with automated data processing operations, including, but
6    not limited to, software, operating protocols, computer
7    program abstracts, file layouts, source listings, object
8    modules, load modules, user guides, documentation
9    pertaining to all logical and physical design of
10    computerized systems, employee manuals, and any other
11    information that, if disclosed, would jeopardize the
12    security of the system or its data or the security of
13    materials exempt under this Section.
14        (p) Records relating to collective negotiating matters
15    between public bodies and their employees or
16    representatives, except that any final contract or
17    agreement shall be subject to inspection and copying.
18        (q) Test questions, scoring keys, and other
19    examination data used to determine the qualifications of
20    an applicant for a license or employment.
21        (r) The records, documents, and information relating
22    to real estate purchase negotiations until those
23    negotiations have been completed or otherwise terminated.
24    With regard to a parcel involved in a pending or actually
25    and reasonably contemplated eminent domain proceeding
26    under the Eminent Domain Act, records, documents, and
		SB1826	- 33 -	LRB104 02962 LNS 12978 b
1    information relating to that parcel shall be exempt except
2    as may be allowed under discovery rules adopted by the
3    Illinois Supreme Court. The records, documents, and
4    information relating to a real estate sale shall be exempt
5    until a sale is consummated.
6        (s) Any and all proprietary information and records
7    related to the operation of an intergovernmental risk
8    management association or self-insurance pool or jointly
9    self-administered health and accident cooperative or pool.
10    Insurance or self-insurance (including any
11    intergovernmental risk management association or
12    self-insurance pool) claims, loss or risk management
13    information, records, data, advice, or communications.
14        (t) Information contained in or related to
15    examination, operating, or condition reports prepared by,
16    on behalf of, or for the use of a public body responsible
17    for the regulation or supervision of financial
18    institutions, insurance companies, or pharmacy benefit
19    managers, unless disclosure is otherwise required by State
20    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
24    be used to create electronic signatures under the Uniform
25    Electronic Transactions Act.
26        (v) Vulnerability assessments, security measures, and
		SB1826	- 34 -	LRB104 02962 LNS 12978 b
1    response policies or plans that are designed to identify,
2    prevent, or respond to potential attacks upon a
3    community's population or systems, facilities, or
4    installations, but only to the extent that disclosure
5    could reasonably be expected to expose the vulnerability
6    or jeopardize the effectiveness of the measures, policies,
7    or plans, or the safety of the personnel who implement
8    them or the public. Information exempt under this item may
9    include such things as details pertaining to the
10    mobilization or deployment of personnel or equipment, to
11    the operation of communication systems or protocols, to
12    cybersecurity vulnerabilities, or to tactical operations.
13        (w) (Blank).
14        (x) Maps and other records regarding the location or
15    security of generation, transmission, distribution,
16    storage, gathering, treatment, or switching facilities
17    owned by a utility, by a power generator, or by the
18    Illinois Power Agency.
19        (y) Information contained in or related to proposals,
20    bids, or negotiations related to electric power
21    procurement under Section 1-75 of the Illinois Power
22    Agency Act and Section 16-111.5 of the Public Utilities
23    Act that is determined to be confidential and proprietary
24    by the Illinois Power Agency or by the Illinois Commerce
25    Commission.
26        (z) Information about students exempted from
		SB1826	- 35 -	LRB104 02962 LNS 12978 b
1    disclosure under Section 10-20.38 or 34-18.29 of the
2    School Code, and information about undergraduate students
3    enrolled at an institution of higher education exempted
4    from disclosure under Section 25 of the Illinois Credit
5    Card Marketing Act of 2009.
6        (aa) Information the disclosure of which is exempted
7    under the Viatical Settlements Act of 2009.
8        (bb) Records and information provided to a mortality
9    review team and records maintained by a mortality review
10    team appointed under the Department of Juvenile Justice
11    Mortality Review Team Act.
12        (cc) Information regarding interments, entombments, or
13    inurnments of human remains that are submitted to the
14    Cemetery Oversight Database under the Cemetery Care Act or
15    the Cemetery Oversight Act, whichever is applicable.
16        (dd) Correspondence and records (i) that may not be
17    disclosed under Section 11-9 of the Illinois Public Aid
18    Code or (ii) that pertain to appeals under Section 11-8 of
19    the Illinois Public Aid Code.
20        (ee) The names, addresses, or other personal
21    information of persons who are minors and are also
22    participants and registrants in programs of park
23    districts, forest preserve districts, conservation
24    districts, recreation agencies, and special recreation
25    associations.
26        (ff) The names, addresses, or other personal
		SB1826	- 36 -	LRB104 02962 LNS 12978 b
1    information of participants and registrants in programs of
2    park districts, forest preserve districts, conservation
3    districts, recreation agencies, and special recreation
4    associations where such programs are targeted primarily to
5    minors.
6        (gg) Confidential information described in Section
7    1-100 of the Illinois Independent Tax Tribunal Act of
8    2012.
9        (hh) The report submitted to the State Board of
10    Education by the School Security and Standards Task Force
11    under item (8) of subsection (d) of Section 2-3.160 of the
12    School Code and any information contained in that report.
13        (ii) Records requested by persons committed to or
14    detained by the Department of Human Services under the
15    Sexually Violent Persons Commitment Act or committed to
16    the Department of Corrections under the Sexually Dangerous
17    Persons Act if those materials: (i) are available in the
18    library of the facility where the individual is confined;
19    (ii) include records from staff members' personnel files,
20    staff rosters, or other staffing assignment information;
21    or (iii) are available through an administrative request
22    to the Department of Human Services or the Department of
23    Corrections.
24        (jj) Confidential information described in Section
25    5-535 of the Civil Administrative Code of Illinois.
26        (kk) The public body's credit card numbers, debit card
		SB1826	- 37 -	LRB104 02962 LNS 12978 b
1    numbers, bank account numbers, Federal Employer
2    Identification Number, security code numbers, passwords,
3    and similar account information, the disclosure of which
4    could result in identity theft or impression or defrauding
5    of a governmental entity or a person.
6        (ll) Records concerning the work of the threat
7    assessment team of a school district, including, but not
8    limited to, any threat assessment procedure under the
9    School Safety Drill Act and any information contained in
10    the procedure.
11        (mm) Information prohibited from being disclosed under
12    subsections (a) and (b) of Section 15 of the Student
13    Confidential Reporting Act.
14        (nn) Proprietary information submitted to the
15    Environmental Protection Agency under the Drug Take-Back
16    Act.
17        (oo) Records described in subsection (f) of Section
18    3-5-1 of the Unified Code of Corrections.
19        (pp) Any and all information regarding burials,
20    interments, or entombments of human remains as required to
21    be reported to the Department of Natural Resources
22    pursuant either to the Archaeological and Paleontological
23    Resources Protection Act or the Human Remains Protection
24    Act.
25        (qq) Reports described in subsection (e) of Section
26    16-15 of the Abortion Care Clinical Training Program Act.
		SB1826	- 38 -	LRB104 02962 LNS 12978 b
1        (rr) Information obtained by a certified local health
2    department under the Access to Public Health Data Act.
3        (ss) For a request directed to a public body that is
4    also a HIPAA-covered entity, all information that is
5    protected health information, including demographic
6    information, that may be contained within or extracted
7    from any record held by the public body in compliance with
8    State and federal medical privacy laws and regulations,
9    including, but not limited to, the Health Insurance
10    Portability and Accountability Act and its regulations, 45
11    CFR Parts 160 and 164. As used in this paragraph,
12    "HIPAA-covered entity" has the meaning given to the term
13    "covered entity" in 45 CFR 160.103 and "protected health
14    information" has the meaning given to that term in 45 CFR
15    160.103.
16        (tt) Proposals or bids submitted by engineering
17    consultants in response to requests for proposal or other
18    competitive bidding requests by the Department of
19    Transportation or the Illinois Toll Highway Authority.
20        (uu) Records that are privileged or confidential under 
21    the Illinois Code of Judicial Conduct or the Illinois 
22    Rules of Professional Conduct.
23    (1.5) Any information exempt from disclosure under the
24Judicial Privacy Act shall be redacted from public records
25prior to disclosure under this Act.
26    (2) A public record that is not in the possession of a
		SB1826	- 39 -	LRB104 02962 LNS 12978 b
1public body but is in the possession of a party with whom the
2agency has contracted to perform a governmental function on
3behalf of the public body, and that directly relates to the
4governmental function and is not otherwise exempt under this
5Act, shall be considered a public record of the public body,
6for purposes of this Act.
7    (3) This Section does not authorize withholding of
8information or limit the availability of records to the
9public, except as stated in this Section or otherwise provided
10in this Act.
11(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
12102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
131-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
14eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
15103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
168-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
17eff. 7-1-24; 103-865, eff. 1-1-25.)
18    (5 ILCS 140/9.5)
19    Sec. 9.5. Public Access Counselor; opinions.
20    (a) A person whose request to inspect or copy a public
21record is denied by a public body, except the General Assembly
22and committees, commissions, and agencies thereof and the 
23judicial body and its components, may file a request for
24review with the Public Access Counselor established in the
25Office of the Attorney General not later than 60 days after the
		SB1826	- 40 -	LRB104 02962 LNS 12978 b
1date of the final denial. The request for review must be in
2writing, signed by the requester, and include (i) a copy of the
3request for access to records and (ii) any responses from the
4public body.
5    (b) A person whose request to inspect or copy a public
6record is made for a commercial purpose as defined in
7subsection (c-10) of Section 2 of this Act may not file a
8request for review with the Public Access Counselor. A person
9whose request to inspect or copy a public record was treated by
10the public body as a request for a commercial purpose under
11Section 3.1 of this Act may file a request for review with the
12Public Access Counselor for the limited purpose of reviewing
13whether the public body properly determined that the request
14was made for a commercial purpose.
15    (b-5) A person whose request to inspect or copy a public
16record was treated by a public body, except the General
17Assembly and committees, commissions, and agencies thereof and 
18the judicial body and its components, as a voluminous request
19under Section 3.6 of this Act may file a request for review
20with the Public Access Counselor for the purpose of reviewing
21whether the public body properly determined that the request
22was a voluminous request.
23    (c) Upon receipt of a request for review, the Public
24Access Counselor shall determine whether further action is
25warranted. If the Public Access Counselor determines that the
26alleged violation is unfounded, he or she shall so advise the
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1requester and the public body and no further action shall be
2undertaken. In all other cases, the Public Access Counselor
3shall forward a copy of the request for review to the public
4body within 7 business days after receipt and shall specify
5the records or other documents that the public body shall
6furnish to facilitate the review. Within 7 business days after
7receipt of the request for review, the public body shall
8provide copies of records requested and shall otherwise fully
9cooperate with the Public Access Counselor. If a public body
10fails to furnish specified records pursuant to this Section,
11or if otherwise necessary, the Attorney General may issue a
12subpoena to any person or public body having knowledge of or
13records pertaining to a request for review of a denial of
14access to records under the Act. Records or documents obtained
15by the Public Access Counselor from a public body for the
16purpose of addressing a request for review under this Section
17may not be disclosed to the public, including the requester,
18by the Public Access Counselor. These records, while in the
19possession of the Public Access Counselor, are exempt under
20this Act from disclosure by the Public Access Counselor.
21    (d) Within 7 business days after it receives a copy of a
22request for review and request for production of records from
23the Public Access Counselor, the public body may, but is not
24required to, answer the allegations of the request for review.
25The answer may take the form of a letter, brief, or memorandum.
26The Public Access Counselor shall forward a copy of the answer
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1to the person submitting the request for review, with any
2alleged confidential information to which the request pertains
3redacted from the copy. The requester may, but is not required
4to, respond in writing to the answer within 7 business days and
5shall provide a copy of the response to the public body.
6    (e) In addition to the request for review, and the answer
7and the response thereto, if any, a requester or a public body
8may furnish affidavits or records concerning any matter
9germane to the review.
10    (f) Unless the Public Access Counselor extends the time by
11no more than 30 business days by sending written notice to the
12requester and the public body that includes a statement of the
13reasons for the extension in the notice, or decides to address
14the matter without the issuance of a binding opinion, the
15Attorney General shall examine the issues and the records,
16shall make findings of fact and conclusions of law, and shall
17issue to the requester and the public body an opinion in
18response to the request for review within 60 days after its
19receipt. The opinion shall be binding upon both the requester
20and the public body, subject to administrative review under
21Section 11.5.
22    In responding to any request under this Section 9.5, the
23Attorney General may exercise his or her discretion and choose
24to resolve a request for review by mediation or by a means
25other than the issuance of a binding opinion. The decision not
26to issue a binding opinion shall not be reviewable.
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1    Upon receipt of a binding opinion concluding that a
2violation of this Act has occurred, the public body shall
3either take necessary action immediately to comply with the
4directive of the opinion or shall initiate administrative
5review under Section 11.5. If the opinion concludes that no
6violation of the Act has occurred, the requester may initiate
7administrative review under Section 11.5.
8    A public body that discloses records in accordance with an
9opinion of the Attorney General is immune from all liabilities
10by reason thereof and shall not be liable for penalties under
11this Act.
12    (g) If the requester files suit under Section 11 with
13respect to the same denial that is the subject of a pending
14request for review, the requester shall notify the Public
15Access Counselor, and the Public Access Counselor shall take
16no further action with respect to the request for review and
17shall so notify the public body.
18    (h) The Attorney General may also issue advisory opinions
19to public bodies regarding compliance with this Act. A review
20may be initiated upon receipt of a written request from the
21head of the public body or its attorney, which shall contain
22sufficient accurate facts from which a determination can be
23made. The Public Access Counselor may request additional
24information from the public body in order to assist in the
25review. A public body that relies in good faith on an advisory
26opinion of the Attorney General in responding to a request is
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1not liable for penalties under this Act, so long as the facts
2upon which the opinion is based have been fully and fairly
3disclosed to the Public Access Counselor.
4(Source: P.A. 103-69, eff. 1-1-24.)
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.