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HB 2885

Allow the use of unused employee sick time in retirement calculation

2025 Regular Session Introduced by Trenton Barnhart and 9 co-sponsors

Expands FOIA immunity to public bodies' officers and employees who disclose records per an AG binding opinion, shielding them from liability.

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Bill Summary · HB 2885

Summary — HB 2885 (Freedom of Information Act: employee liability)

Status: Enacted (filed without Governor’s signature) — Effective September 1, 2025
Primary sponsor: Rep. Terra Costa Howard; Co-sponsor: Rep. Martha Deuter
Statutory change: Amends 5 ILCS 140/9.5 (Section 9.5 of the Freedom of Information Act)

Purpose

HB 2885 expands legal immunity under the Illinois Freedom of Information Act (FOIA) so that not only a public body but also individual officers and employees of a public body are protected from liability when they disclose records in reliance on an opinion of the Attorney General (the Public Access Counselor’s binding opinion).

Key provisions

  • Amends Section 9.5 of the FOIA (5 ILCS 140/9.5) to add officers and employees to the existing immunity provision.
    • New text makes clear: “A public body and any officer or employee of a public body that discloses records in accordance with an opinion of the Attorney General is immune from all liabilities by reason thereof and shall not be liable for penalties under this Act.”
  • Leaves intact other procedural provisions in Section 9.5, including:
    • The Public Access Counselor review process for FOIA denials (request for review, forwarding to public body, deadlines).
    • Timelines: Public Access Counselor forwards requests within 7 business days; public bodies generally have 7 business days to respond; Attorney General issues a binding opinion within 60 days (with a possible extension of up to 30 business days).
    • Binding opinions are binding on both requester and public body (subject to administrative review under Section 11.5).
    • Advisory opinions and reliance-on-advice protections for public bodies when facts were fully disclosed.
    • Confidentiality provisions covering records obtained by the Public Access Counselor during review.

Who is affected

  • Directly: public bodies covered by FOIA and their officers and employees (who now have explicit immunity for disclosures made in accordance with AG opinions).
  • Indirectly: FOIA requesters, attorneys, and courts — because the change affects litigation risk, enforcement, and incentives around disclosure decisions and reliance on AG opinions.

Procedural / timeline highlights

  • Introduced: February 6, 2025 (Illinois House)
  • Passed both chambers and enrolled: June 2, 2025
  • Filed without the Governor’s signature: June 20, 2025
  • Effective date: September 1, 2025

Potential impact (neutral description)

  • Reduces personal legal and financial risk for public employees and officers who follow an Attorney General’s binding opinion when disclosing records, likely encouraging reliance on AG guidance.
  • May lower prospects for penalties or individual lawsuits tied to disclosures made under AG opinions.
  • Could influence how public bodies and their staff respond to FOIA requests and whether they seek or follow Attorney General opinions when in doubt.

Compiled from official sources — confirm details with the bill’s official record.

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