Full Text of HB6147 99th General Assembly
HB6147ham001 99TH GENERAL ASSEMBLY | Rep. Dwight Kay Filed: 4/15/2016
| | 09900HB6147ham001 | | LRB099 20498 RJF 47693 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 6147
| 2 | | AMENDMENT NO. ______. Amend House Bill 6147 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Open Meetings Act is amended by changing | 5 | | Sections 2.01, 3, and 3.5 as follows:
| 6 | | (5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
| 7 | | Sec. 2.01. All meetings required by this Act to be public | 8 | | shall be held at
specified times and places which are | 9 | | convenient and open
to the public. No meeting
required by this | 10 | | Act to be public shall be held on a legal holiday unless
the | 11 | | regular meeting day falls on that holiday.
| 12 | | A quorum of members of a public body must be physically | 13 | | present at the location of an open meeting. If, however, an | 14 | | open meeting of a public body (i) with statewide jurisdiction, | 15 | | (ii) that is an Illinois library system with jurisdiction over | 16 | | a specific geographic area of more than 4,500 square miles, |
| | | 09900HB6147ham001 | - 2 - | LRB099 20498 RJF 47693 a |
|
| 1 | | (iii) that is a municipal transit district with jurisdiction | 2 | | over a specific geographic area of more than 4,500 square | 3 | | miles, or (iv) that is a local workforce investment area with | 4 | | jurisdiction over a specific geographic area of more than 4,500 | 5 | | square miles is held simultaneously at one of its offices and | 6 | | one or more other locations in a public building, which may | 7 | | include other of its offices, through an interactive video | 8 | | conference and the public body provides public notice and | 9 | | public access as required under this Act for all locations, | 10 | | then members physically present in those locations all count | 11 | | towards determining a quorum. "Public building", as used in | 12 | | this Section, means any building or portion thereof owned or | 13 | | leased by any public body. The requirement that a quorum be | 14 | | physically present at the location of an open meeting shall not | 15 | | apply, however, to State advisory boards or bodies that do not | 16 | | have authority to make binding recommendations or | 17 | | determinations or to take any other substantive action.
| 18 | | A quorum of members of a public body that is not (i) a | 19 | | public body with statewide jurisdiction, (ii) an Illinois | 20 | | library system with jurisdiction over a specific geographic | 21 | | area of more than 4,500 square miles, (iii) a municipal transit | 22 | | district with jurisdiction over a specific geographic area of | 23 | | more than 4,500 square miles, or (iv) a local workforce | 24 | | investment area with jurisdiction over a specific geographic | 25 | | area of more than 4,500 square miles must be physically present | 26 | | at the location of a closed meeting. Other members who are not |
| | | 09900HB6147ham001 | - 3 - | LRB099 20498 RJF 47693 a |
|
| 1 | | physically present at a closed meeting of such a public body | 2 | | may participate in the meeting by means of a video or audio | 3 | | conference.
For the purposes of this Section, "local workforce | 4 | | investment area" means any local workforce investment area or | 5 | | areas designated by the Governor pursuant to the federal | 6 | | Workforce Investment Act of 1998 or its reauthorizing | 7 | | legislation. | 8 | | No public body may refuse to allow any of its members to | 9 | | attend any open or closed meeting of the public body. However, | 10 | | a public body may exclude a member or members from attending a | 11 | | closed meeting when the public body determines that the member | 12 | | or members have a conflict of interest. | 13 | | (Source: P.A. 98-992, eff. 8-18-14.)
| 14 | | (5 ILCS 120/3) (from Ch. 102, par. 43)
| 15 | | Sec. 3.
(a) Where the provisions of this Act are not | 16 | | complied with, or
where there is probable cause to believe that | 17 | | the provisions of this Act
will not be complied with, any | 18 | | person, including the State's Attorney
of the county in which | 19 | | such noncompliance
may occur, may bring a civil action in the | 20 | | circuit court for the judicial
circuit in which the alleged | 21 | | noncompliance has occurred or is about to occur,
or in which | 22 | | the affected public body has its principal office, prior to
or | 23 | | within 60 days of the meeting alleged to be in
violation of | 24 | | this Act or, if facts concerning the meeting are not discovered
| 25 | | within the 60-day period,
within 60 days of the discovery of a |
| | | 09900HB6147ham001 | - 4 - | LRB099 20498 RJF 47693 a |
|
| 1 | | violation by the State's
Attorney.
| 2 | | Records that are obtained by a State's Attorney from a | 3 | | public body for purposes of reviewing whether the public body | 4 | | has complied with this Act may not be disclosed to the public. | 5 | | Those records, while in the possession of the State's Attorney, | 6 | | are exempt from disclosure under the Freedom of Information | 7 | | Act. | 8 | | (b) In deciding such a case the court may examine in camera | 9 | | any portion
of the minutes of a meeting at which a violation of | 10 | | the Act is alleged to
have occurred, and may take such | 11 | | additional evidence as it deems necessary.
| 12 | | (c) The court, having due regard for orderly administration | 13 | | and the public
interest, as well as for the interests of the | 14 | | parties, may grant such
relief as it deems appropriate, | 15 | | including granting a relief
by mandamus requiring that a | 16 | | meeting be open
to the public, granting an injunction against | 17 | | future violations of this
Act, ordering the public body to make | 18 | | available to the public such portion
of the minutes of a | 19 | | meeting as is not
authorized to be kept confidential under this | 20 | | Act, or declaring null and
void any final action taken at a | 21 | | closed meeting in violation of this Act.
| 22 | | (d) The court shall may assess against any party, except a | 23 | | State's Attorney,
reasonable attorney's fees and other | 24 | | litigation costs reasonably incurred
by any other party who | 25 | | substantially prevails in any action brought in
accordance with | 26 | | this Section, provided that costs may be assessed against
any |
| | | 09900HB6147ham001 | - 5 - | LRB099 20498 RJF 47693 a |
|
| 1 | | private party or parties bringing an action pursuant to this | 2 | | Section
only upon the court's determination that the action is | 3 | | malicious or frivolous
in nature.
| 4 | | (Source: P.A. 96-542, eff. 1-1-10.)
| 5 | | (5 ILCS 120/3.5)
| 6 | | Sec. 3.5. Public Access Counselor; opinions. | 7 | | (a) A person who believes that a violation of this Act by a | 8 | | public body has occurred may file a request for review with the | 9 | | Public Access Counselor established in the Office of the | 10 | | Attorney General not later than 60 days after the alleged | 11 | | violation. If facts concerning the violation are not discovered | 12 | | within the 60-day period, but are discovered at a later date, | 13 | | not exceeding 2 years after the alleged violation, by a person | 14 | | utilizing reasonable diligence, the request for review may be | 15 | | made within 60 days of the discovery of the alleged violation. | 16 | | The request for review must be in writing, must be signed by | 17 | | the requester, and must include a summary of the facts | 18 | | supporting the allegation. The changes made by Public Act | 19 | | 99-402 this amendatory Act of the 99th General Assembly apply | 20 | | to violations alleged to have occurred at meetings held on or | 21 | | after August 19, 2015 ( the effective date of Public Act 99-402) | 22 | | this amendatory Act of the 99th General Assembly . | 23 | | (b) Upon receipt of a request for review, the Public Access | 24 | | Counselor shall determine whether further action is warranted. | 25 | | If the Public Access Counselor determines from the request for |
| | | 09900HB6147ham001 | - 6 - | LRB099 20498 RJF 47693 a |
|
| 1 | | review that the alleged violation is unfounded, he or she shall | 2 | | so advise the requester and the public body and no further | 3 | | action shall be undertaken. In all other cases, the Public | 4 | | Access Counselor shall forward a copy of the request for review | 5 | | to the public body within 7 working days. The Public Access | 6 | | Counselor shall specify the records or other documents that the | 7 | | public body shall furnish to facilitate the review. Within 7 | 8 | | working days after receipt of the request for review, the | 9 | | public body shall provide copies of the records requested and | 10 | | shall otherwise fully cooperate with the Public Access | 11 | | Counselor. If a public body fails to furnish specified records | 12 | | pursuant to this Section, or if otherwise necessary, the | 13 | | Attorney General may issue a subpoena to any person or public | 14 | | body having knowledge of or records pertaining to an alleged | 15 | | violation of this Act. For purposes of conducting a thorough | 16 | | review, the Public Access Counselor has the same right to | 17 | | examine a verbatim recording of a meeting closed to the public | 18 | | or the minutes of a closed meeting as does a court in a civil | 19 | | action brought to enforce this Act. | 20 | | (c) Within 7 working days after it receives a copy of a | 21 | | request for review and request for production of records from | 22 | | the Public Access Counselor, the public body may, but is not | 23 | | required to, answer the allegations of the request for review. | 24 | | The answer may take the form of a letter, brief, or memorandum. | 25 | | Upon request, the public body may also furnish the Public | 26 | | Access Counselor with a redacted copy of the answer excluding |
| | | 09900HB6147ham001 | - 7 - | LRB099 20498 RJF 47693 a |
|
| 1 | | specific references to any matters at issue. The Public Access | 2 | | Counselor shall forward a copy of the answer or redacted | 3 | | answer, if furnished, to the person submitting the request for | 4 | | review. The requester may, but is not required to, respond in | 5 | | writing to the answer within 7 working days and shall provide a | 6 | | copy of the response to the public body. | 7 | | (d) In addition to the request for review, and the answer | 8 | | and the response thereto, if any, a requester or a public body | 9 | | may furnish affidavits and records concerning any matter | 10 | | germane to the review. | 11 | | (e) Unless the Public Access Counselor extends the time by | 12 | | no more than 21 business days by sending written notice to the | 13 | | requester and public body that includes a statement of the | 14 | | reasons for the extension in the notice, or decides to address | 15 | | the matter without the issuance of a binding opinion, the | 16 | | Attorney General shall examine the issues and the records, | 17 | | shall make findings of fact and conclusions of law, and shall | 18 | | issue to the requester and the public body an opinion within 20 | 19 | | 60 days after initiating review. The opinion shall be binding | 20 | | upon both the requester and the public body, subject to | 21 | | administrative review under Section 7.5 of this Act. | 22 | | In responding to any written request under this Section | 23 | | 3.5, the Attorney General may exercise his or her discretion | 24 | | and choose to resolve a request for review by mediation or by a | 25 | | means other than the issuance of a binding opinion. The | 26 | | decision not to issue a binding opinion shall not be |
| | | 09900HB6147ham001 | - 8 - | LRB099 20498 RJF 47693 a |
|
| 1 | | reviewable. | 2 | | Upon receipt of a binding opinion concluding that a | 3 | | violation of this Act has occurred, the public body shall | 4 | | either take necessary action as soon as practical to comply | 5 | | with the directive of the opinion or shall initiate | 6 | | administrative review under Section 7.5. If the opinion | 7 | | concludes that no violation of the Act has occurred, the | 8 | | requester may initiate administrative review under Section | 9 | | 7.5. | 10 | | (f) If the requester files suit under Section 3 with | 11 | | respect to the same alleged violation that is the subject of a | 12 | | pending request for review, the requester shall notify the | 13 | | Public Access Counselor, and the Public Access Counselor shall | 14 | | take no further action with respect to the request for review | 15 | | and shall so notify the public body. | 16 | | (g) Records that are obtained by the Public Access | 17 | | Counselor from a public body for purposes of addressing a | 18 | | request for review under this Section 3.5 may not be disclosed | 19 | | to the public, including the requester, by the Public Access | 20 | | Counselor. Those records, while in the possession of the Public | 21 | | Access Counselor, shall be exempt from disclosure by the Public | 22 | | Access Counselor under the Freedom of Information Act. | 23 | | (h) The Attorney General may also issue advisory opinions | 24 | | to public bodies regarding compliance with this Act. A review | 25 | | may be initiated upon receipt of a written request from the | 26 | | head of the public body or its attorney. The request must |
| | | 09900HB6147ham001 | - 9 - | LRB099 20498 RJF 47693 a |
|
| 1 | | contain sufficient accurate facts from which a determination | 2 | | can be made. The Public Access Counselor may request additional | 3 | | information from the public body in order to facilitate the | 4 | | review. A public body that relies in good faith on an advisory | 5 | | opinion of the Attorney General in complying with the | 6 | | requirements of this Act is not liable for penalties under this | 7 | | Act, so long as the facts upon which the opinion is based have | 8 | | been fully and fairly disclosed to the Public Access Counselor.
| 9 | | (Source: P.A. 99-402, eff. 8-19-15.)".
|
|