Substitute Senate Bill No. 1221, Public Act No. 23-200, amends the enforcement procedures for the Freedom of Information Act (FOIA) violations. The bill, effective October 1, 2023, revises the appeal process for FOIA denials, requiring appeals to be filed within thirty days and mandating the Freedom of Information Commission (FOIC) to decide on appeals within one year. It increases the potential civil penalty for wrongful denial of FOIA rights from a maximum of $1,000 to $5,000 and allows public employees to intervene in appeals involving their files. The bill also enables the FOIC to declare actions from meetings with wrongful exclusions as null and void, and it updates language for inclusivity, replacing "him" with "such person." Additionally, the bill outlines the process for the FOIC's executive director to seek commission leave before scheduling an appeal for hearing, with the possibility for aggrieved parties to apply to the superior court if leave is denied.

The bill also introduces measures to address "vexatious requesters" by allowing public agencies to petition the FOIC for relief from individuals who abuse the FOIA request process. The petition must be sworn and detail the vexatious conduct, and the commission may bar compliance with future requests from the individual for up to one year. The bill removes language that limited the commission's ability to dismiss appeals without a hearing and inserts provisions for imposing civil penalties on public agencies that obstruct FOIA rights or exhibit reckless or willful misconduct. The commission can also seek court enforcement of its orders, and aggrieved parties have fifteen days after a commission meeting to apply to the superior court to reverse the commission's decision on a petition. The bill was approved on June 28, 2023.

Statutes affected:
Raised Bill: 1-212