Full Text of HB6298 98th General Assembly
HB6298 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB6298 Introduced , by Rep. David McSweeney SYNOPSIS AS INTRODUCED: |
| |
Amends the Open Meetings Act. Provides that a request for review may be filed not later than 60 days after the alleged violation occurs or, if facts concerning the meeting are not discovered within the 60-day period, within 60 days of the discovery of the alleged violation (currently, within 60 days after the alleged violation). Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB6298 | | LRB098 22718 HLH 61655 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Open Meetings Act is amended by changing | 5 | | Section 3.5 as follows: | 6 | | (5 ILCS 120/3.5)
| 7 | | Sec. 3.5. Public Access Counselor; opinions. | 8 | | (a) A person who believes that a violation of this Act by a | 9 | | public body has occurred may file a request for review with the | 10 | | Public Access Counselor established in the Office of the | 11 | | Attorney General not later than 60 days after the alleged | 12 | | violation or, if facts concerning the meeting are not | 13 | | discovered within the 60-day period, within 60 days of the | 14 | | discovery of the alleged violation . The request for review must | 15 | | be in writing, must be signed by the requester, and must | 16 | | include a summary of the facts supporting the allegation. | 17 | | (b) Upon receipt of a request for review, the Public Access | 18 | | Counselor shall determine whether further action is warranted. | 19 | | If the Public Access Counselor determines from the request for | 20 | | review that the alleged violation is unfounded, he or she shall | 21 | | so advise the requester and the public body and no further | 22 | | action shall be undertaken. In all other cases, the Public | 23 | | Access Counselor shall forward a copy of the request for review |
| | | HB6298 | - 2 - | LRB098 22718 HLH 61655 b |
|
| 1 | | to the public body within 7 working days. The Public Access | 2 | | Counselor shall specify the records or other documents that the | 3 | | public body shall furnish to facilitate the review. Within 7 | 4 | | working days after receipt of the request for review, the | 5 | | public body shall provide copies of the records requested and | 6 | | shall otherwise fully cooperate with the Public Access | 7 | | Counselor. If a public body fails to furnish specified records | 8 | | pursuant to this Section, or if otherwise necessary, the | 9 | | Attorney General may issue a subpoena to any person or public | 10 | | body having knowledge of or records pertaining to an alleged | 11 | | violation of this Act. For purposes of conducting a thorough | 12 | | review, the Public Access Counselor has the same right to | 13 | | examine a verbatim recording of a meeting closed to the public | 14 | | or the minutes of a closed meeting as does a court in a civil | 15 | | action brought to enforce this Act. | 16 | | (c) Within 7 working days after it receives a copy of a | 17 | | request for review and request for production of records from | 18 | | the Public Access Counselor, the public body may, but is not | 19 | | required to, answer the allegations of the request for review. | 20 | | The answer may take the form of a letter, brief, or memorandum. | 21 | | Upon request, the public body may also furnish the Public | 22 | | Access Counselor with a redacted copy of the answer excluding | 23 | | specific references to any matters at issue. The Public Access | 24 | | Counselor shall forward a copy of the answer or redacted | 25 | | answer, if furnished, to the person submitting the request for | 26 | | review. The requester may, but is not required to, respond in |
| | | HB6298 | - 3 - | LRB098 22718 HLH 61655 b |
|
| 1 | | writing to the answer within 7 working days and shall provide a | 2 | | copy of the response to the public body. | 3 | | (d) In addition to the request for review, and the answer | 4 | | and the response thereto, if any, a requester or a public body | 5 | | may furnish affidavits and records concerning any matter | 6 | | germane to the review. | 7 | | (e) Unless the Public Access Counselor extends the time by | 8 | | no more than 21 business days by sending written notice to the | 9 | | requester and public body that includes a statement of the | 10 | | reasons for the extension in the notice, or decides to address | 11 | | the matter without the issuance of a binding opinion, the | 12 | | Attorney General shall examine the issues and the records, | 13 | | shall make findings of fact and conclusions of law, and shall | 14 | | issue to the requester and the public body an opinion within 60 | 15 | | days after initiating review. The opinion shall be binding upon | 16 | | both the requester and the public body, subject to | 17 | | administrative review under Section 7.5 of this Act. | 18 | | In responding to any written request under this Section | 19 | | 3.5, the Attorney General may exercise his or her discretion | 20 | | and choose to resolve a request for review by mediation or by a | 21 | | means other than the issuance of a binding opinion. The | 22 | | decision not to issue a binding opinion shall not be | 23 | | reviewable. | 24 | | Upon receipt of a binding opinion concluding that a | 25 | | violation of this Act has occurred, the public body shall | 26 | | either take necessary action as soon as practical to comply |
| | | HB6298 | - 4 - | LRB098 22718 HLH 61655 b |
|
| 1 | | with the directive of the opinion or shall initiate | 2 | | administrative review under Section 7.5. If the opinion | 3 | | concludes that no violation of the Act has occurred, the | 4 | | requester may initiate administrative review under Section | 5 | | 7.5. | 6 | | (f) If the requester files suit under Section 3 with | 7 | | respect to the same alleged violation that is the subject of a | 8 | | pending request for review, the requester shall notify the | 9 | | Public Access Counselor, and the Public Access Counselor shall | 10 | | take no further action with respect to the request for review | 11 | | and shall so notify the public body. | 12 | | (g) Records that are obtained by the Public Access | 13 | | Counselor from a public body for purposes of addressing a | 14 | | request for review under this Section 3.5 may not be disclosed | 15 | | to the public, including the requester, by the Public Access | 16 | | Counselor. Those records, while in the possession of the Public | 17 | | Access Counselor, shall be exempt from disclosure by the Public | 18 | | Access Counselor under the Freedom of Information Act. | 19 | | (h) The Attorney General may also issue advisory opinions | 20 | | to public bodies regarding compliance with this Act. A review | 21 | | may be initiated upon receipt of a written request from the | 22 | | head of the public body or its attorney. The request must | 23 | | contain sufficient accurate facts from which a determination | 24 | | can be made. The Public Access Counselor may request additional | 25 | | information from the public body in order to facilitate the | 26 | | review. A public body that relies in good faith on an advisory |
| | | HB6298 | - 5 - | LRB098 22718 HLH 61655 b |
|
| 1 | | opinion of the Attorney General in complying with the | 2 | | requirements of this Act is not liable for penalties under this | 3 | | Act, so long as the facts upon which the opinion is based have | 4 | | been fully and fairly disclosed to the Public Access Counselor.
| 5 | | (Source: P.A. 96-542, eff. 1-1-10.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
|
|