HB2265 103RD GENERAL ASSEMBLY

LRB103 04559 DTM 49566 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2265

Introduced 2/14/2023, by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

5 ILCS 120/3

from Ch. 102, par. 43

Amends the Open Meetings Act. Provides that a civil action for violation of the Act may be brought within 60 days after the discovery of failure to comply with specified notice requirements.

A BILL FOR

AN ACT concerning 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 as follows:

(5 ILCS 120/3) (from Ch. 102, par. 43)

Sec. 3. (a) Where the provisions of this Act are not complied with, or where there is probable cause to believe that the provisions of this Act will not be complied with, any person, including the State's Attorney of the county in which such noncompliance may occur, may bring a civil action in the circuit court for the judicial circuit in which the alleged noncompliance has occurred or is about to occur, or in which the affected public body has its principal office. The civil action described in this Section must be brought (i) , prior to or within 60 days of the meeting alleged to be in violation of this Act; (ii) or, if facts concerning the meeting are not discovered within the 60-day period, within 60 days of the discovery of a violation by the State's Attorney if facts concerning the meeting are not discovered within the 60-day period described in item (i); (iii) or, if the person timely files a request for review under Section 3.5, within 60 days of the decision by the Attorney General to resolve a request for review by a means other than the issuance of a binding opinion under subsection (e) of Section 3.5 if the person bringing the action has timely filed a request for review under that section; or (iv) within 60 days after the discovery of a violation of this Act by the person bringing the action if the public body against which the action is brought failed to provide notice of the meeting in accordance with Section 2.02.

Records that are obtained by a State's Attorney from a public body for purposes of reviewing whether the public body has complied with this Act may not be disclosed to the public. Those records, while in the possession of the State's Attorney, are exempt from disclosure under the Freedom of Information Act.

(b) In deciding such a case the court may examine in camera any portion of the minutes of a meeting at which a violation of the Act is alleged to have occurred, and may take such additional evidence as it deems necessary.

(c) The court, having due regard for orderly administration and the public interest, as well as for the interests of the parties, may grant such relief as it deems appropriate, including granting a relief by mandamus requiring that a meeting be open to the public, granting an injunction against future violations of this Act, ordering the public body to make available to the public such portion of the minutes of a meeting as is not authorized to be kept confidential under this Act, or declaring null and void any final action taken at a closed meeting in violation of this Act.

(d) The court may assess against any party, except a State's Attorney, reasonable attorney's fees and other litigation costs reasonably incurred by any other party who substantially prevails in any action brought in accordance with this Section, provided that costs may be assessed against any private party or parties bringing an action pursuant to this Section only upon the court's determination that the action is malicious or frivolous in nature.

(Source: P.A. 99-714, eff. 8-5-16.)