Chapter 5 — GENERAL PROVISIONS

(5 ILCS 120/2b) Sec. 2b. (Repealed). (Source: Repealed by P.A. 88-621, eff. 1-1-95.)

(5 ILCS 120/3) (from Ch. 102, par. 43) Sec. 3. (a) Where the provisions of this Act are not complied with, or where there is probable cause to believe that the provisions of this Act will not be complied with, any person, including the State's Attorney of the county in which such…

(5 ILCS 120/3.5) Sec. 3.5. Public Access Counselor; opinions. (a) A person who believes that a violation of this Act by a public body has occurred may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than 60 da…

(5 ILCS 120/4) (from Ch. 102, par. 44) Sec. 4. Any person violating any of the provisions of this Act, except subsection (b), (c), (d), (e), or (f) of Section 1.05, shall be guilty of a Class C misdemeanor. (Source: P.A. 97-504, eff. 1-1-12; 97-1153, eff. 1-25-13; 98-900, eff. 8-…

(5 ILCS 120/5) (from Ch. 102, par. 45) Sec. 5. If any provision of this Act, or the application of this Act to any particular meeting or type of meeting is held invalid or unconstitutional, such decision shall not affect the validity of the remaining provisions or the other appli…

(5 ILCS 120/6) (from Ch. 102, par. 46) Sec. 6. The provisions of this Act constitute minimum requirements for home rule units; any home rule unit may enact an ordinance prescribing more stringent requirements binding upon itself which would serve to give further notice to the pub…

(5 ILCS 120/7) Sec. 7. Attendance by a means other than physical presence. (a) If a quorum of the members of the public body is physically present as required by Section 2.01, a majority of the public body may allow a member of that body to attend the meeting by other means if th…

(5 ILCS 120/7.3) Sec. 7.3. Duty to post information pertaining to benefits offered through the Illinois Municipal Retirement Fund. (a) Within 6 business days after an employer participating in the Illinois Municipal Retirement Fund approves a budget, that employer must post on it…

(5 ILCS 120/7.5) Sec. 7.5. Administrative review. A binding opinion issued by the Attorney General shall be considered a final decision of an administrative agency, for purposes of administrative review under the Administrative Review Law (735 ILCS 5/Art. III). An action for admi…

(5 ILCS 140/1) (from Ch. 116, par. 201) Sec. 1. Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the a…

(5 ILCS 140/1.1) (from Ch. 116, par. 201.1) Sec. 1.1. This Act may be cited as the Freedom of Information Act. (Source: P.A. 86-1475.)

(5 ILCS 140/1.2) Sec. 1.2. Presumption. All records in the custody or possession of a public body are presumed to be open to inspection or copying. Any public body that asserts that a record is exempt from disclosure has the burden of proving by clear and convincing evidence that…

(5 ILCS 140/10) Sec. 10. (Repealed). (Source: P.A. 83-1013. Repealed by P.A. 96-542, eff. 1-1-10.)

(5 ILCS 140/11) (from Ch. 116, par. 211) Sec. 11. (a) Any person denied access to inspect or copy any public record by a public body may file suit for injunctive or declaratory relief. (a-5) In accordance with Section 11.6 of this Act, a requester may file an action to enforce a …

(5 ILCS 140/11.5) Sec. 11.5. Administrative review. A binding opinion issued by the Attorney General shall be considered a final decision of an administrative agency, for purposes of administrative review under the Administrative Review Law (735 ILCS 5/Art. III). An action for ad…

(5 ILCS 140/11.6) Sec. 11.6. Noncompliance with binding opinion. (a) The requester may file an action under Section 11 and there shall be a rebuttable presumption that the public body willfully and intentionally failed to comply with this Act for purposes of subsection (j) of Sec…

(5 ILCS 140/2) (from Ch. 116, par. 202) Sec. 2. Definitions. As used in this Act: (a) "Public body" means all legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, schoo…

(5 ILCS 140/2.10) Sec. 2.10. Payrolls. Certified payroll records submitted to a public body under Section 5(a)(2) of the Prevailing Wage Act are public records subject to inspection and copying in accordance with the provisions of this Act; except that contractors' employees' add…

(5 ILCS 140/2.15) Sec. 2.15. Arrest reports and criminal history records. (a) Arrest reports. The following chronologically maintained arrest and criminal history information maintained by State or local criminal justice agencies shall be furnished as soon as practical, but in no…

(5 ILCS 140/2.20) Sec. 2.20. Settlement and severance agreements. All settlement and severance agreements entered into by or on behalf of a public body are public records subject to inspection and copying by the public, provided that information exempt from disclosure under Secti…

(5 ILCS 140/2.25) Sec. 2.25. Demolition, repair, enclosure, or remediation records. Demolition, repair, enclosure, or remediation records submitted to a county under Section 5-1121 of the Counties Code or a municipality under Section 11-31-1 of the Illinois Municipal Code are pub…

(5 ILCS 140/2.5) Sec. 2.5. Records of funds. All records relating to the obligation, receipt, and use of public funds of the State, units of local government, and school districts are public records subject to inspection and copying by the public. (Source: P.A. 96-542, eff. 1-1-1…

(5 ILCS 140/3) (from Ch. 116, par. 203) Sec. 3. (a) Each public body shall make available to any person for inspection or copying all public records, except as otherwise provided in Sections 7 and 8.5 of this Act. Notwithstanding any other law, a public body may not grant to any …

(5 ILCS 140/3.1) Sec. 3.1. Requests for commercial purposes. (a) A public body shall respond to a request for records to be used for a commercial purpose within 21 working days after receipt. The response shall (i) provide to the requester an estimate of the time required by the …

(5 ILCS 140/3.2) Sec. 3.2. Recurrent requesters. (a) Notwithstanding any provision of this Act to the contrary, a public body shall respond to a request from a recurrent requester, as defined in subsection (g) of Section 2, within 21 business days after receipt. The response shal…

(5 ILCS 140/3.3) Sec. 3.3. This Act is not intended to compel public bodies to interpret or advise requesters as to the meaning or significance of the public records. (Source: P.A. 96-542, eff. 1-1-10.)

(5 ILCS 140/3.5) Sec. 3.5. Freedom of Information officers. (a) Each public body shall designate one or more officials or employees to act as its Freedom of Information officer or officers. Except in instances when records are furnished immediately, Freedom of Information officer…

(5 ILCS 140/3.6) Sec. 3.6. Voluminous requests. (a) Notwithstanding any provision of this Act to the contrary, a public body shall respond to a voluminous request within 5 business days after receipt. The response shall notify the requester: (i) that the public body is treating t…

(5 ILCS 140/4) (from Ch. 116, par. 204) Sec. 4. Each public body shall prominently display on its website, make available for inspection and copying, and send through the mail if requested, each of the following: (a) A brief description of itself, which will include, but not be l…

(5 ILCS 140/5) (from Ch. 116, par. 205) Sec. 5. 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 …

(5 ILCS 140/6) (from Ch. 116, par. 206) Sec. 6. Authority to charge fees. (a) When a person requests a copy of a record maintained in an electronic format, the public body shall furnish it in the electronic format specified by the requester, if feasible. If it is not feasible to …

(5 ILCS 140/7) (Text of Section from P.A. 104-300) Sec. 7. Exemptions. (1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the …

(5 ILCS 140/7.1) Sec. 7.1. (Repealed). (Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 96-542, eff. 1-1-10 and by P.A. 101-652, eff. 1-1-22.)

(5 ILCS 140/7.5) (Text of Section from P.A. 104-10) Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying: (a) All information determined to be confidential under Section 4002 of the …

(5 ILCS 140/7.6) Sec. 7.6. (Repealed). (Source: P.A. 100-555, eff. 11-16-17. Repealed by P.A. 100-731, eff. 1-1-19.)

(5 ILCS 140/8) Sec. 8. (Repealed). (Source: P.A. 85-1357. Repealed by P.A. 96-542, eff. 1-1-10.)

(5 ILCS 140/8.5) Sec. 8.5. Records maintained online. (a) Notwithstanding any provision of this Act to the contrary, a public body is not required to copy a public record that is published on the public body's website. The public body shall notify the requester that the public re…

(5 ILCS 140/9) (from Ch. 116, par. 209) Sec. 9. (a) Each public body denying a request for public records shall notify the requester in writing of the decision to deny the request, the reasons for the denial, including a detailed factual basis for the application of any exemption…

(5 ILCS 140/9.5) Sec. 9.5. Public Access Counselor; opinions. (a) A person whose request to inspect or copy a public record is denied by a public body, except the General Assembly and committees, commissions, and agencies thereof, may file a request for review with the Public Acc…

(5 ILCS 160/1) (from Ch. 116, par. 43.4) Sec. 1. This Act may be cited as the State Records Act. (Source: P.A. 86-1475.)

(5 ILCS 160/1.5) Sec. 1.5. Purpose. Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois (i) that government records are a form of property whose ownership lies with the citizens …

(5 ILCS 160/10) (from Ch. 116, par. 43.13) Sec. 10. Whenever the head of an agency determines that substantial economies or increased operating efficiency can be effected thereby, he may, subject to the approval of the Secretary, provide for the storage, care, and servicing of re…

(5 ILCS 160/11) (from Ch. 116, par. 43.14) Sec. 11. Violation. All records made or received by or under the authority of or coming into the custody, control or possession of public officials of this State in the course of their public duties are the property of the State and shal…

(5 ILCS 160/12) (from Ch. 116, par. 43.15) Sec. 12. The Secretary shall make continuing surveys of State records management and disposal practices and obtain reports thereon from agencies and their staff. (Source: P.A. 92-866, eff. 1-3-03.)

(5 ILCS 160/13) (from Ch. 116, par. 43.16) Sec. 13. The Secretary, with due regard to the program activities of the agencies concerned, shall make provision for the economical and efficient management of records of State agencies by analyzing, developing, promoting, coordinating,…

(5 ILCS 160/14) (from Ch. 116, par. 43.17) Sec. 14. The Secretary shall establish standards for the selective retention of records of continuing value and assist agencies in applying such standards to records in their custody. (Source: Laws 1957, p. 1687.)

(5 ILCS 160/15) (from Ch. 116, par. 43.18) Sec. 15. The Secretary shall establish, maintain, and operate records centers for the storage, care, and servicing of records of State agencies pending their deposit in the State Archives or the disposition of such records in any other m…

(5 ILCS 160/15a) (from Ch. 116, par. 43.18a) Sec. 15a. The head of each agency shall establish a system for the protection and preservation of essential State records necessary for the continuity of governmental functions in the event of an emergency arising from enemy action or …

(5 ILCS 160/15b) (from Ch. 116, par. 43.18b) Sec. 15b. The head of each agency shall: (1) Determine what records are "essential" for emergency government operation through consultation with all branches of government, State agencies, and with the State Civil Defense Agency. (2) D…

(5 ILCS 160/16) (from Ch. 116, par. 43.19) Sec. 16. There is created the State Records Commission. The Commission shall consist of the following State officials or their authorized representatives: the Secretary of State, who shall act as chairman; the Executive Director of the A…