Perry v. Department of Financial and Professional Regulation

In separate cases, both Plaintiffs filed causes of action under Section 11 of FOIA, seeking disclosure of certain information from Illinois Department of Financial and Professional Regulation. After court ruled on Plaintiff Perry's motion for summary judgment, section 2105-117 of Department of Professional Regulation Law took effect which, if applicable, would exempt from disclosure the type of information Perry sought. During pendency of Plaintiff Institute's suit, amendment, adding Section 4-24 to Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act which, if applicable, would exempt from disclosure the type of information sought by Institute. Legislature did not clearly prescribe its intent as to whether sections 2105-117 and 4-24 should be applied to pending lawsuits. As both those sections are substantive changes to the law, they are to aply prospectively only.(KARMEIER, FREEMAN, THOMAS, KILBRIDE, BU5jRKE, and THEIS, concurring.)