(Bryant, R-Mt. Vernon; Radogno, R-Lemont) allows a person denied access to public records to file an action to enforce a binding opinion issued under section 9.5 of this Act.
It allows the court to impose an additional penalty of up to $1,000 for each day the violation continues if: the public body fails to comply with the court’s order after 30 days; the court’s order is not appealed or stayed; and the court does not grant the public body additional time to comply with a court order to disclose public records. Changes apply to actions filed on or after January 1, 2016.
A requester that files an action seeking to enforce a binding opinion will have a rebuttable presumption that the public body willfully and intentionally failed to comply with this Act if: the attorney general issues a binding opinion under section 9.5; the public body does not file for administrative review within 35 days after the binding opinion is served on the public body; and the public body does not comply with the binding opinion within 35 days after it is served on the public body.
This presumption may be rebutted by the public body showing that it is making a good-faith effort to comply with the binding opinion, but the compliance was not possible within the 35-day time frame. This section applies to binding opinions of the attorney general requested or issued on or after January 1, 2016.
It has passed the Senate and back in the House for concurrence of Senate amendments.