FOIADetermination Letter (non-binding)Closed no further actionPublic Body Definition

Animal Protective League of Springfield and Sangamon County not a public body under FOIA

The requester sought records from a private non-profit organization, which the PAC determined is not a public body.

Date issued: March 3, 2025
Request number(s): 85440
Public body: Animal Protective League of Springfield and Sangamon County
Statute(s): 5 ILCS 140/2
Outcome: Closed, no further action

Plain-language summary

A citizen filed a FOIA request with the Animal Protective League, arguing that because the organization claims to make documents public in its tax filings, it should be subject to FOIA. The Attorney General's office explained that being a private non-profit does not make an organization a 'public body' under the law. Consequently, the PAC closed the case because the organization is not required to comply with FOIA requests.

Legal question

Whether the Animal Protective League of Springfield and Sangamon County constitutes a 'public body' subject to the requirements of the Freedom of Information Act.

Holding

The PAC determined that the Animal Protective League is not a public body as defined by FOIA and therefore is not subject to the Act's requirements.

Summary

The requester sought records from the Animal Protective League of Springfield and Sangamon County under FOIA, but the PAC determined the organization is a private non-profit and not a public body subject to the Act.

public bodynon-profitFOIA jurisdictionprivate organization

Reading view (610 words)

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Dear

This determination letter is issued pursuant to section 9.5(c) of the Freedom of Information Act (FOIA) (5 ILCS 140/9.5(c) (West 2023 Supp.)). For the reasons set forth below, the Public Access Bureau concludes that no further inquiry is warranted.

On January 28, 2025, you sent a letter to the Animal Protective League of Springfield and Sangamon County ( Animal Protective League) invoking FOIA and seeking copies of various records. On February 5, 2025, the Animal Protective League responded that it is a private not-for-profit corporation and not a public body subject to FOIA. On February 26, 2025, this office received this Request for Review disputing the Animal Protective League' s response to your request. You alleged that in a form filed with the Internal Revenue Service IRS) and Illinois Attorney General' s Office, the Animal Protective League states that it "makes its governing documents and financial statements available to the public upon request." 1 FOIA governs requests for public records maintained by public bodies. See 5 ILCS 140/1 (West 2022). Section 2(a) of FOIA (5 ILCS 140/2(a) ( West 2023 Supp.)) defines a public body" as:

The plain language of this definition limits the application of FOIA to State and local governmental entities of the State of Illinois.

The Animal Protective League is a private not-for-profit corporation registered with the Illinois Secretary of State. 2 Your Request for Review does not allege that the Animal Protective League is a governmental entity. Rather, you challenge its assertion that it is not obligated to disclose records in response to your request because it filed a tax form stating that it makes certain records about itself public upon request. Any statement made by the Animal Protective League in a tax form about the availability of certain records upon request does not transform the organization into a public body subject to FOIA. Because the Animal Protective League is not required to respond to FOIA requests, this office has determined that no further action is warranted in this matter.

This letter closes this file. If you have any questions about FOIA, you may contact the Public Access Bureau at 877-299-3642.

Very truly yours, KATIE GOLDSMITH Assistant Attorney General Public Access Bureau 85440 f no fi war not a pb

Notes from the original PDF (2)

1Letter from to Public Access Counselor ( dated February 23, 2025; received February 26, 2025) ( quoting Internal Revenue Service Form 990, Schedule O [allegedly submitted in 2023 by the Animal Protective League of Springfield and Sangamon County]).
2Office of the Illinois Secretary of State, Business Entity Search, available at https:// apps.ilsos.gov/businessentitysearch/ ( last visited February 28, 2025).