Public Act 099-0402
 
HB0175 EnrolledLRB099 02871 HLH 22879 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Open Meetings Act is amended  by changing 
Section 3.5 as follows:
 
    (5 ILCS 120/3.5)

    Sec. 3.5. Public Access Counselor; opinions.
    (a)  A person who believes that a violation of this Act by a 
public body has occurred may file a request for review with the 
Public Access Counselor established in the Office of the 
Attorney General not later than 60 days after the alleged 
violation.  If facts concerning the violation are not discovered 
within the 60-day period, but are discovered at a later date, 
not exceeding 2 years after the alleged violation, by a person 
utilizing reasonable diligence, the request for review may be 
made within 60 days of the discovery of the alleged violation. 
The request for review must be in writing, must be signed by 
the requester, and must include a summary of the facts 
supporting the allegation. The changes made by this amendatory 
Act of the 99th General Assembly apply to violations alleged to 
have occurred at meetings held on or after the effective date 
of this amendatory Act of the 99th General Assembly. 
    (b) Upon receipt of a request for review, the Public Access 
Counselor shall determine whether further action is warranted.  
If the Public Access Counselor determines from the request for 
review that the alleged violation is unfounded, he or she shall 
so advise the requester and the public body and no further 
action shall be undertaken. In all other cases, the Public 
Access Counselor shall forward a copy of the request for review 
to the public body within 7 working days. The Public Access 
Counselor shall specify the records or other documents that the 
public body shall furnish to facilitate the review.  Within 7 
working days after receipt of the request for review, the 
public body shall provide copies of the records requested and 
shall otherwise fully cooperate with the Public Access 
Counselor. If a public body fails to furnish specified records 
pursuant to this Section, or if otherwise necessary, the 
Attorney General may issue a subpoena to any person or public 
body having knowledge of or records pertaining to an alleged 
violation of this Act. For purposes of conducting a thorough 
review, the Public Access Counselor has the same right to 
examine a verbatim recording of a meeting closed to the public 
or the minutes of a closed meeting as does a court in a civil 
action brought to enforce this Act.
    (c) Within 7 working days after it receives a copy of a 
request for review and request for production of records from 
the Public Access Counselor, the public body may, but is not 
required to, answer the allegations of the request for review.  
The answer may take the form of a letter, brief, or memorandum. 
Upon request, the public body may also furnish the Public 
Access Counselor with a redacted copy of the answer excluding 
specific references to any matters at issue. The Public Access 
Counselor shall forward a copy of the answer or redacted 
answer, if furnished, to the person submitting the request for 
review.  The requester may, but is not required to, respond in 
writing to the answer within 7 working days and shall provide a 
copy of the response to the public body.
    (d) In addition to the request for review, and the answer 
and the response thereto, if any, a requester or a public body 
may furnish affidavits and records concerning any matter 
germane to the review.
    (e)  Unless the Public Access Counselor extends the time by 
no more than 21 business days  by sending written notice to the 
requester and  public body that includes a statement of the 
reasons for the extension in the notice, or decides to address 
the matter without the issuance of a binding opinion, the 
Attorney General shall examine the issues and the records, 
shall make findings of fact and conclusions of law, and shall 
issue to the requester and the public body an opinion within 60 
days after initiating review.  The opinion shall be binding upon 
both the requester and the public body, subject to 
administrative review under Section 7.5 of this Act.
    In responding to any written request under this Section 
3.5, the Attorney General may exercise his or her discretion 
and choose to resolve a request for review by mediation or by a 
means other than the issuance of a binding opinion. The 
decision not to issue a binding opinion shall not be 
reviewable.
    Upon receipt of a binding opinion concluding that a 
violation of this Act has occurred, the public body shall 
either take necessary action as soon as practical to comply 
with the directive of the opinion or shall initiate 
administrative review under Section 7.5.  If the opinion 
concludes that no violation of the Act has occurred, the 
requester may initiate administrative review under Section 
7.5.
    (f)  If the requester files suit under Section 3 with 
respect to the same alleged violation that is the subject of a 
pending request  for  review, the requester shall notify the 
Public Access Counselor, and the Public Access Counselor shall 
take no further action with respect to the request for review 
and shall so notify the public body.
    (g) Records that are obtained by the Public Access 
Counselor from a public body for purposes of addressing a 
request for  review under this Section 3.5  may not be disclosed 
to the public, including the requester,  by the Public Access 
Counselor. Those  records, while in the possession of the Public 
Access Counselor, shall be exempt from disclosure by the Public 
Access Counselor  under the Freedom of Information Act.
    (h) The Attorney General may also issue advisory opinions 
to public bodies regarding compliance with this Act.  A review 
may be initiated upon receipt of a written request from the 
head of the public body or its attorney. The request must  
contain sufficient accurate facts from which a determination 
can be made.  The Public Access Counselor may request additional 
information from the public body in order to facilitate the 
review.  A public body that relies in good faith on an advisory 
opinion of the Attorney General in complying with the 
requirements of this Act is not liable for penalties under this 
Act, so long as the facts upon which the opinion is based have 
been fully and fairly disclosed to the Public Access Counselor. 

(Source: P.A. 96-542, eff. 1-1-10.)
  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.