Full Text of HB5683 99th General Assembly
HB5683enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 as follows:
| 6 | | (5 ILCS 120/3) (from Ch. 102, par. 43)
| 7 | | Sec. 3.
(a) Where the provisions of this Act are not | 8 | | complied with, or
where there is probable cause to believe that | 9 | | the provisions of this Act
will not be complied with, any | 10 | | person, including the State's Attorney
of the county in which | 11 | | such noncompliance
may occur, may bring a civil action in the | 12 | | circuit court for the judicial
circuit in which the alleged | 13 | | noncompliance has occurred or is about to occur,
or in which | 14 | | the affected public body has its principal office, prior to
or | 15 | | within 60 days of the meeting alleged to be in
violation of | 16 | | this Act or, if facts concerning the meeting are not discovered
| 17 | | within the 60-day period,
within 60 days of the discovery of a | 18 | | violation by the State's
Attorney or, if the person timely | 19 | | files a request for review under Section 3.5, within 60 days of | 20 | | the decision by the Attorney General to resolve a request for | 21 | | review by a means other than the issuance of a binding opinion | 22 | | under subsection (e) of Section 3.5 .
| 23 | | Records that are obtained by a State's Attorney from a |
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| 1 | | public body for purposes of reviewing whether the public body | 2 | | has complied with this Act may not be disclosed to the public. | 3 | | Those records, while in the possession of the State's Attorney, | 4 | | are exempt from disclosure under the Freedom of Information | 5 | | Act. | 6 | | (b) In deciding such a case the court may examine in camera | 7 | | any portion
of the minutes of a meeting at which a violation of | 8 | | the Act is alleged to
have occurred, and may take such | 9 | | additional evidence as it deems necessary.
| 10 | | (c) The court, having due regard for orderly administration | 11 | | and the public
interest, as well as for the interests of the | 12 | | parties, may grant such
relief as it deems appropriate, | 13 | | including granting a relief
by mandamus requiring that a | 14 | | meeting be open
to the public, granting an injunction against | 15 | | future violations of this
Act, ordering the public body to make | 16 | | available to the public such portion
of the minutes of a | 17 | | meeting as is not
authorized to be kept confidential under this | 18 | | Act, or declaring null and
void any final action taken at a | 19 | | closed meeting in violation of this Act.
| 20 | | (d) The court may assess against any party, except a | 21 | | State's Attorney,
reasonable attorney's fees and other | 22 | | litigation costs reasonably incurred
by any other party who | 23 | | substantially prevails in any action brought in
accordance with | 24 | | this Section, provided that costs may be assessed against
any | 25 | | private party or parties bringing an action pursuant to this | 26 | | Section
only upon the court's determination that the action is |
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| 1 | | malicious or frivolous
in nature.
| 2 | | (Source: P.A. 96-542, eff. 1-1-10.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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