Illinois 93rd Regular Session Status: To Executive

HB 956 — FOI-TECH CHANGE

Last action — Total Veto Stands - No Positive Action Taken

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 93rd Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Freedom of Information Act. Adds a caption to a Section concerning lists of available records.

Bill Text

What changed in the latest version

114 added · 16 removed

Plain-language change summary

The amendments to HB 956 include changes that enhance transparency and accountability regarding the denial of public records requests. Notably, public bodies must now provide clearer explanations for why a request is denied and identify the individuals responsible for that decision. This matters because it empowers citizens to understand the reasons behind denials and pursue appeals more effectively, promoting greater openness in government operations. Additionally, a centralized file of denial notices will be created, making it easier for the public to track the reasons for denied requests.

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HB0956 Engrossed LRB093 05766 RCE 05859 b AN ACT concerning freedom of information.
HB0956 Enrolled LRB093 05766 RCE 05859 b AN ACT concerning freedom of information.
The Freedom of Information Act is amended by changing Section 5 as follows:
The Freedom of Information Act is amended by changing Sections 9, 10, and 11 as follows:
(5 ILCS 140/5) (from Ch.
(5 ILCS 140/9) (from Ch.
205) Sec.
209) Sec.
5.
9.
_____________a_____________ As to public records prepared or received after the effective date of this Act, each public body shall maintain and make available for inspection and copying a reasonably current list of all types or categories of records under its control.
(a) Each public body or head of a public body denying a request for public records shall notify by letter the person making the request of the decision to deny such, the reasons for the denial, and the names and titles or positions of each person responsible for the denial.
The list shall be reasonably detailed in order to aid persons in obtaining access to public records pursuant to this Act.
Each notice of denial by a public body shall also inform such person of his right to appeal to the head of the public body.
Each public body shall furnish upon request a description of the manner in which public records stored by means of electronic data processing may be obtained in a form comprehensible to persons lacking knowledge of computer language or printout format.
Each notice of denial of an appeal by the head of a public body shall inform such person of his right to judicial review under Section 11 of this Act.
(b) When a request for public records is denied on the grounds that the records are exempt under Section 7 of this Act, the notice of denial shall specify the exemption claimed to authorize the denial.
Copies of all notices of denial shall be retained by each public body in a single central office file that is open to the public and indexed according to the type of exemption asserted and, to the extent feasible, according to the types of records requested.
83-1013.)
83-1013.) (5 ILCS 140/10) (from Ch.
116, par.
210) Sec.
10.
(a) Any person denied access to inspect or copy any public record may appeal the denial by sending a written notice of appeal to the head of the public body.
Upon receipt of such notice the head of the public body shall promptly review the public record, determine whether under the HB0956 Enrolled - 2 - LRB093 05766 RCE 05859 b provisions of this Act such record is open to inspection and copying, and notify the person making the appeal of such determination within 7 working days after the notice of appeal.
Each notice of denial of an appeal by the head of a public body shall inform the person of his or her right to judicial review within 60 days after the denial under Section 11.
(b) Any person making a request for public records shall be deemed to have exhausted his administrative remedies with respect to such request if the head of the public body affirms the denial or fails to act within the time limit provided in subsection (a) of this Section.
(Source:
P.A.
83-1013.) (5 ILCS 140/11) (from Ch.
116, par.
211) Sec.
11.
(a) Any person denied access to inspect or copy any public record by the head of a public body may file suit for injunctive or declaratory relief.
If the head of a public body has issued a written denial of appeal as provided in subsection (a) of Section 10, any suit for injunctive or declaratory relief must be filed within 60 days after the receipt of the denial of the appeal.
For any written denial of appeal issued before the effective date of this amendatory Act of the 93rd General Assembly, suit for injunctive or declaratory relief must be filed within 60 days after the effective date of this amendatory Act of the 93rd General Assembly.
(b) Where the denial is from the head of a public body of the State, suit may be filed in the circuit court for the county where the public body has its principal office or where the person denied access resides.
(c) Where the denial is from the head of a municipality or other public body, except as provided in subsection (b) of this Section, suit may be filed in the circuit court for the county where the public body is located.
(d) The circuit court shall have the jurisdiction to enjoin the public body from withholding public records and to order HB0956 Enrolled - 3 - LRB093 05766 RCE 05859 b the production of any public records improperly withheld from the person seeking access.
If the public body can show that exceptional circumstances exist, and that the body is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the agency additional time to complete its review of the records.
(e) On motion of the plaintiff, prior to or after in camera inspection, the court shall order the public body to provide an index of the records to which access has been denied.
The index shall include the following:
(i) A description of the nature or contents of each document withheld, or each deletion from a released document, provided, however, that the public body shall not be required to disclose the information which it asserts is exempt;
and (ii) A statement of the exemption or exemptions claimed for each such deletion or withheld document.
(f) In any action considered by the court, the court shall consider the matter de novo, and shall conduct such in camera examination of the requested records as it finds appropriate to determine if such records or any part thereof may be withheld under any provision of this Act.
The burden shall be on the public body to establish that its refusal to permit public inspection or copying is in accordance with the provisions of this Act.
(g) In the event of noncompliance with an order of the court to disclose, the court may enforce its order against any public official or employee so ordered or primarily responsible for such noncompliance through the court’s contempt powers.
(h) Except as to causes the court considers to be of greater importance, proceedings arising under this Section shall take precedence on the docket over all other causes and be assigned for hearing and trial at the earliest practicable date and expedited in every way.
(i) If a person seeking the right to inspect or receive a copy of a public record substantially prevails in a proceeding HB0956 Enrolled - 4 - LRB093 05766 RCE 05859 b under this Section, the court may award such person reasonable attorneys’ fees and costs.
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If, however, the court finds that the fundamental purpose of the request was to further the commercial interests of the requestor, the court may award reasonable attorneys’ fees and costs if the court finds that the record or records in question were of clearly significant interest to the general public and that the public body lacked any reasonable basis in law for withholding the record.
(Source:
P.A.
93-466, eff.
1-1-04.) Section 99.
Effective date.
This Act takes effect upon becoming law.
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Action History

  1. Total Veto Stands - No Positive Action Taken

  2. Placed on Calendar Total Veto November 8, 2004

  3. Governor Vetoed

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Floor Amendment No. 2 House Concurs 115-000-000

  7. Senate Floor Amendment No. 1 House Concurs 115-000-000

  8. Senate Floor Amendment No. 2 Motion to Concur Recommends be Adopted State Government Administration Committee; 011-000-000

  9. Senate Floor Amendment No. 1 Motion to Concur Recommends be Adopted State Government Administration Committee; 011-000-000

  10. Senate Floor Amendment No. 2 Motion to Concur Rules Referred to State Government Administration Committee

  11. Senate Floor Amendment No. 1 Motion to Concur Rules Referred to State Government Administration Committee

  12. Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee

  13. Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

  14. Senate Floor Amendment No. 2 Motion Filed Concur Rep. Barbara Flynn Currie

  15. Senate Floor Amendment No. 1 Motion Filed Concur Rep. Barbara Flynn Currie

  16. Sponsor Removed Rep. Barbara Flynn Currie

  17. Chief Sponsor Changed to Rep. Barbara Flynn Currie

  18. Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2

  19. Arrived in House

  20. Third Reading - Passed; 052-005-000

  21. Placed on Calendar Order of 3rd Reading

  22. Senate Floor Amendment No. 2 Adopted; Cullerton

  23. Recalled to Second Reading

  24. Senate Floor Amendment No. 2 Be Approved for Consideration Rules

  25. Placed on Calendar Order of 3rd Reading May 13, 2004

  26. Senate Floor Amendment No. 1 Adopted; Cullerton

  27. Recalled to Second Reading

  28. Senate Floor Amendment No. 2 Referred to Rules

  29. Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton

  30. Senate Floor Amendment No. 1 Be Adopted Judiciary; 010-000-000

  31. Senate Floor Amendment No. 1 Held in Judiciary

  32. Senate Floor Amendment No. 1 Rules Refers to Judiciary

  33. Senate Floor Amendment No. 1 Referred to Rules

  34. Senate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  35. Alternate Chief Sponsor Changed to Sen. John J. Cullerton

  36. Placed on Calendar Order of 3rd Reading May 5, 2004

  37. Approved for Consideration Rules

  38. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  39. Third Reading Deadline Extended - Rule 2-10, to December 31, 2003.

  40. Placed on Calendar Order of 3rd Reading May 7, 2003

  41. Second Reading

  42. Placed on Calendar Order of 2nd Reading May 6, 2003

  43. Do Pass Executive; 007-004-000

  44. Assigned to Executive

  45. Referred to Rules

  46. First Reading

  47. Chief Senate Sponsor Sen. Emil Jones, Jr.

  48. Placed on Calendar Order of First Reading April 9, 2003

  49. Arrive in Senate

  50. Third Reading - Short Debate - Passed 069-044-004

  51. Placed on Calendar Order of 3rd Reading - Short Debate **

  52. Held on Calendar Order of Second Reading - Short Debate **

  53. Second Reading - Short Debate

  54. Placed on Calendar 2nd Reading - Short Debate **

  55. Do Pass / Short Debate Executive Committee; 010-000-000

  56. Assigned to Executive Committee

  57. Referred to Rules Committee

  58. First Reading

  59. Chief Co-Sponsor Rep. Jack D. Franks

  60. Chief Co-Sponsor Rep. Barbara Flynn Currie

  61. Filed with the Clerk by Rep. Michael J. Madigan

Sponsors

  • Barbara Flynn Currie · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on · 6 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Barbara Flynn Currie

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 2

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 103003
Democrat 9000
Republican 3000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Winters — Yea
Leitch — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Capparelli — Yea
Colvin — Yea
McAuliffe — Yea
Molaro — Yea
Coulson — Yea
Munson — Yea
Hamos — Yea
Holbrook — Yea
Jakobsson — Yea
Jefferson — Yea
Pankau — Yea
Kurtz — Yea
Lang — Yea
Lindner — Yea
Mathias — Yea
McCarthy — Yea
McKeon — Yea
Parke — Yea
Phelps — Yea
Scully — Yea
Slone — Yea
Bailey — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Krause — Yea
Brady — Yea
Madigan — Yea
Mendoza — Yea
Meyer — Yea
Millner — Yea
Moffitt — Yea
Burke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Morrow — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
Osmond — Not Voting
Osterman — Yea
Howard — Yea
Tenhouse — Yea
Turner — Yea
Verschoore — Yea
Watson — Yea
Wait — Yea
Jones — Yea
Washington — Not Voting
Yarbrough — Yea
Davis, Monique — Yea
Davis, Steve — Not Voting
Younge — Yea
Churchill — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Graham — Yea
Granberg — Yea
Grunloh — Yea
Hassert — Yea
Hultgren — Yea
Kosel — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Concurrence, Amendment 1

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 103003
Democrat 9000
Republican 3000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Slone — Yea
Sommer — Yea
Soto — Yea
Leitch — Yea
Madigan — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Capparelli — Yea
McAuliffe — Yea
Coulson — Yea
Morrow — Yea
Dugan — Yea
Jefferson — Yea
Osterman — Yea
Parke — Yea
Dunn — Yea
Kurtz — Yea
Lang — Yea
Lindner — Yea
Phelps — Yea
Bailey — Yea
Dunkin — Yea
Mathias — Yea
Lyons, Eileen — Yea
McCarthy — Yea
McKeon — Yea
Reitz — Yea
Lyons, Joseph — Yea
Mendoza — Yea
Meyer — Yea
Millner — Yea
Moffitt — Yea
Molaro — Yea
Mulligan — Yea
Scully — Yea
Tenhouse — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Burke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Howard — Yea
Churchill — Yea
Colvin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Grunloh — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Krause — Yea
Watson — Yea
Jones — Yea
Davis, Monique — Yea
Davis, Steve — Not Voting
Munson — Yea
Myers — Yea
Nekritz — Yea
Osmond — Not Voting
Pankau — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Hultgren — Yea
Jakobsson — Yea
Kosel — Yea
Washington — Not Voting
Winters — Yea
Yarbrough — Yea
Younge — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 52 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 45402
Democrat 6100
Republican 1000
Total 52502
% of votes cast 88%8%0%3%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Lauzen — Yea
Maloney — Not Voting
Althoff — Yea
Martinez — Yea
Bomke — Nay
Burzynski — Yea
Halvorson — Yea
Meeks — Yea
Geo-Karis — Yea
Munoz — Yea
Brady — Yea
Sullivan, D. — Yea
Petka — Yea
Link — Yea
Luechtefeld — Yea
Jacobs — Yea
Obama — Yea
Jones, J. — Yea
Jones, W. — Yea
Cullerton — Yea
Watson — Yea
Peterson — Yea
Schoenberg — Yea
Shadid — Not Voting
Sullivan, J. — Nay
Demuzio — Nay
Silverstein — Yea
Soden — Yea
Trotter — Yea
Viverito — Yea
Winkel — Yea
Wojcik — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Forby — Nay
Garrett — Yea
Haine — Yea
Hendon — Yea
Radogno — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Nay
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 69 Yea · 44 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 624004
Democrat 7200
Republican 0201
Total 694405
% of votes cast 58%37%0%4%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Scully — Yea
Slone — Nay
Sommer — Nay
Soto — Yea
Madigan — Not Voting
Acevedo — Yea
Aguilar — Nay
Mathias — Nay
Beaubien — Yea
Bassi — Nay
Bellock — Nay
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Nay
Boland — Yea
May — Nay
Bost — Yea
Brauer — Nay
Brosnahan — Yea
Capparelli — Yea
Molaro — Yea
Franks — Nay
Hamos — Yea
Hassert — Yea
Myers — Yea
Hultgren — Nay
Jefferson — Nay
Osterman — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Lyons, Eileen — Yea
Bailey — Yea
Lyons, Joseph — Yea
Meyer — Yea
Reitz — Yea
Millner — Yea
Morrow — Yea
Mulligan — Yea
Novak — Yea
McGuire — Yea
Washington — Yea
Winters — Yea
Wirsing — Yea
Bradley, Richard — Yea
Brady — Yea
Hannig — Yea
Mitchell, Bill — Yea
Burke — Yea
Howard — Yea
Watson — Yea
Jones — Yea
Colvin — Yea
Cross — Yea
Currie — Yea
Dunkin — Yea
Dunn — Yea
Flowers — Yea
Giles — Yea
Graham — Yea
Granberg — Yea
Hartke — Yea
Krause — Nay
Davis, Monique — Yea
Davis, Steve — Yea
Kurtz — Nay
Lang — Yea
Leitch — Nay
Moffitt — Nay
Munson — Nay
Nekritz — Nay
O'Brien — Yea
Osmond — Nay
Pankau — Nay
Mitchell, Jerry — Nay
Sullivan — Nay
Parke — Not Voting
Phelps — Nay
Pihos — Nay
Tenhouse — Nay
Turner — Not Voting
Verschoore — Nay
Wait — Nay
Yarbrough — Yea
Younge — Yea
Churchill — Nay
Coulson — Nay
Cultra — Nay
Daniels — Yea
Eddy — Nay
Flider — Nay
Forby — Nay
Fritchey — Not Voting
Froehlich — Nay
Holbrook — Nay
Jakobsson — Nay
Kosel — Yea
Poe — Nay
Ryg — Nay
Sacia — Nay
Chapa LaVia — Nay
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Nay
Robert "Bob" Rita Democrat Nay
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Not Voting

Official roll call →

Subjects

technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 956 do?
Amends the Freedom of Information Act. Adds a caption to a Section concerning lists of available records.
Who sponsors HB 956?
HB 956 is sponsored by Barbara Flynn Currie.
What is the current status of HB 956?
This bill died with 93rd Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 956?
Track HB 956 free on One Click Politics — get push/email alerts when it moves.

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