Full Text of SB1339 099th General Assembly
SB1339eng 99TH GENERAL ASSEMBLY |
| | SB1339 Engrossed | | LRB099 10614 JLK 30847 b |
|
| 1 | | AN ACT concerning transparency.
| 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 | | Sections 2.02 and 3.5 and by adding Section 2.07 as follows:
| 6 | | (5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
| 7 | | Sec. 2.02. Public notice of all meetings, whether open or | 8 | | closed to
the public, shall be given as follows:
| 9 | | (a) Every public body shall give public notice
of the | 10 | | schedule of regular meetings at the beginning of each calendar | 11 | | or fiscal
year and shall state the regular dates, times, and | 12 | | places of such meetings.
An agenda for each regular meeting | 13 | | shall be posted at the principal office of
the public body and | 14 | | at the location where the meeting is to be held at least 48 | 15 | | hours in
advance of the holding of the meeting , except as | 16 | | otherwise provided in Section 2.07 of this Act . A public body | 17 | | that has a website that the full-time staff of the public body | 18 | | maintains shall also post on its website the agenda of any | 19 | | regular meetings of the governing body of that public body. Any | 20 | | agenda of a regular meeting that is posted on a public body's | 21 | | website shall remain posted on the website until the regular | 22 | | meeting is concluded. The requirement of a regular
meeting | 23 | | agenda shall not preclude the consideration of items not |
| | | SB1339 Engrossed | - 2 - | LRB099 10614 JLK 30847 b |
|
| 1 | | specifically
set forth in the agenda.
Public
notice of any | 2 | | special meeting except a meeting held in the event of a
bona | 3 | | fide emergency, or of any rescheduled regular meeting, or of | 4 | | any
reconvened meeting, shall be given at least 48 hours before | 5 | | such
meeting, except as otherwise provided in Section 2.07 of | 6 | | this Act which notice shall also include the agenda for the | 7 | | special,
rescheduled,
or reconvened meeting, but the validity | 8 | | of any action taken by the public
body which is germane to a | 9 | | subject on the agenda shall not be affected by
other errors or | 10 | | omissions in the agenda. The requirement
of public notice of | 11 | | reconvened meetings does
not apply to any case where the | 12 | | meeting was open to the public and (1)
it is to be reconvened | 13 | | within 24 hours, or (2) an announcement of
the time and place | 14 | | of the reconvened meeting was
made at the original meeting and | 15 | | there is no change in the agenda. Notice
of an emergency | 16 | | meeting shall be given as soon as practicable, but in any
event | 17 | | prior to the holding of such meeting, to any news medium which | 18 | | has
filed an annual request for notice under subsection (b) of | 19 | | this Section.
| 20 | | (b) Public notice shall be given by posting a copy of the | 21 | | notice at the
principal office of the body holding the meeting | 22 | | or, if no such office exists,
at the building in which the | 23 | | meeting
is to be held. In addition, a public body that has a | 24 | | website that the full-time staff of the public body maintains | 25 | | shall post notice on its website of all meetings of the | 26 | | governing body of the public body. Any notice of an annual |
| | | SB1339 Engrossed | - 3 - | LRB099 10614 JLK 30847 b |
|
| 1 | | schedule of meetings shall remain on the website until a new | 2 | | public notice of the schedule of regular meetings is approved. | 3 | | Any notice of a regular meeting that is posted on a public | 4 | | body's website shall remain posted on the website until the | 5 | | regular meeting is concluded. The body shall supply copies of | 6 | | the notice of its regular
meetings, and of the notice of any | 7 | | special,
emergency, rescheduled or reconvened meeting, to any | 8 | | news medium
that has filed an annual request for such notice. | 9 | | Any such news
medium shall also be given the same notice of all | 10 | | special,
emergency, rescheduled or reconvened meetings in the | 11 | | same manner as
is given to members of the body provided such | 12 | | news medium has given the
public body an address or telephone | 13 | | number within the territorial jurisdiction
of the public body | 14 | | at which such notice may be given. The failure of a public body | 15 | | to post on its website notice of any meeting or the agenda of | 16 | | any meeting shall not invalidate any meeting or any actions | 17 | | taken at a meeting.
| 18 | | (c) Any agenda required under this Section shall set forth | 19 | | the general subject matter of any resolution or ordinance that | 20 | | will be the subject of final action at the meeting. The public | 21 | | body conducting a public meeting shall ensure that at least one | 22 | | copy of any requested notice and agenda for the meeting is | 23 | | continuously available for public review during the entire | 24 | | 48-hour period preceding the meeting , or during the entire | 25 | | 72-hour period preceding the meeting for those public bodies | 26 | | subject to Section 2.07 of this Act . Posting of the notice and |
| | | SB1339 Engrossed | - 4 - | LRB099 10614 JLK 30847 b |
|
| 1 | | agenda on a website that is maintained by the public body | 2 | | satisfies the requirement for continuous posting under this | 3 | | subsection (c). If a notice or agenda is not continuously | 4 | | available for the full 48-hour or 72-hour period due to actions | 5 | | outside of the control of the public body, then that lack of | 6 | | availability does not invalidate any meeting or action taken at | 7 | | a meeting. | 8 | | (Source: P.A. 97-827, eff. 1-1-13.)
| 9 | | (5 ILCS 120/2.07 new) | 10 | | Sec. 2.07. Video of meetings; posting of agendas. | 11 | | (a) This Section shall apply to only public bodies to which | 12 | | the Governor makes at least one appointment to the body that is | 13 | | subject to the advice and consent of the Senate. | 14 | | (b) Each public body shall post video of its meetings on | 15 | | the public body's official website within 2 business days | 16 | | following the scheduled beginning of the meeting. This | 17 | | requirement shall not apply to portions of the meeting that are | 18 | | properly closed pursuant to this Act. Each public body must | 19 | | keep the video of each meeting on its official website for a | 20 | | period of 2 years after the meeting date or until the meeting | 21 | | has been reduced to written minutes in compliance with | 22 | | subsection (a) of Section 2.06 of this Act, whichever is later. | 23 | | After the video is removed from the official website, the | 24 | | public body must retain the video of each meeting for a period | 25 | | of at least 5 years after the meeting date. Such video shall be |
| | | SB1339 Engrossed | - 5 - | LRB099 10614 JLK 30847 b |
|
| 1 | | available to the public upon request. | 2 | | (c) Each public body must post its meeting agenda on its | 3 | | official website at least 72 hours prior to the meeting. In the | 4 | | case of an emergency meeting, each public body must post that | 5 | | agenda as soon as practicable, but in any event prior to the | 6 | | holding of such meeting. | 7 | | (d) The failure of a public body to provide video or to | 8 | | post meeting agendas due to technical difficulties shall not | 9 | | invalidate any meeting or any actions taken at the meeting. | 10 | | (e) The requirements of this Section shall not apply to any | 11 | | public body meetings occurring before the effective date of | 12 | | this amendatory Act of the 99th General Assembly. | 13 | | (5 ILCS 120/3.5)
| 14 | | Sec. 3.5. Public Access Counselor; opinions. | 15 | | (a) A person who believes that a violation of this Act by a | 16 | | public body has occurred may file a request for review with the | 17 | | Public Access Counselor established in the Office of the | 18 | | Attorney General not later than 60 days after the alleged | 19 | | violation. The request for review must be in writing, must be | 20 | | signed by the requester, and must include a summary of the | 21 | | facts supporting the allegation. | 22 | | (a-5) A person who believes that a violation of Section | 23 | | 2.07 of this Act has occurred may file a request for review | 24 | | with the Public Access Counselor for the purpose of reviewing | 25 | | whether the public body timely posted its agenda. |
| | | SB1339 Engrossed | - 6 - | LRB099 10614 JLK 30847 b |
|
| 1 | | (b) Upon receipt of a request for review, the Public Access | 2 | | Counselor shall determine whether further action is warranted. | 3 | | If the Public Access Counselor determines from the request for | 4 | | review that the alleged violation is unfounded, he or she shall | 5 | | so advise the requester and the public body and no further | 6 | | action shall be undertaken. In all other cases, the Public | 7 | | Access Counselor shall forward a copy of the request for review | 8 | | to the public body within 7 working days. The Public Access | 9 | | Counselor shall specify the records or other documents that the | 10 | | public body shall furnish to facilitate the review. Within 7 | 11 | | working days after receipt of the request for review, the | 12 | | public body shall provide copies of the records requested and | 13 | | shall otherwise fully cooperate with the Public Access | 14 | | Counselor. If a public body fails to furnish specified records | 15 | | pursuant to this Section, or if otherwise necessary, the | 16 | | Attorney General may issue a subpoena to any person or public | 17 | | body having knowledge of or records pertaining to an alleged | 18 | | violation of this Act. For purposes of conducting a thorough | 19 | | review, the Public Access Counselor has the same right to | 20 | | examine a verbatim recording of a meeting closed to the public | 21 | | or the minutes of a closed meeting as does a court in a civil | 22 | | action brought to enforce this Act. | 23 | | (c) Within 7 working days after it receives a copy of a | 24 | | request for review and request for production of records from | 25 | | the Public Access Counselor, the public body may, but is not | 26 | | required to, answer the allegations of the request for review. |
| | | SB1339 Engrossed | - 7 - | LRB099 10614 JLK 30847 b |
|
| 1 | | The answer may take the form of a letter, brief, or memorandum. | 2 | | Upon request, the public body may also furnish the Public | 3 | | Access Counselor with a redacted copy of the answer excluding | 4 | | specific references to any matters at issue. The Public Access | 5 | | Counselor shall forward a copy of the answer or redacted | 6 | | answer, if furnished, to the person submitting the request for | 7 | | review. The requester may, but is not required to, respond in | 8 | | writing to the answer within 7 working days and shall provide a | 9 | | copy of the response to the public body. | 10 | | (d) In addition to the request for review, and the answer | 11 | | and the response thereto, if any, a requester or a public body | 12 | | may furnish affidavits and records concerning any matter | 13 | | germane to the review. | 14 | | (e) Unless the Public Access Counselor extends the time by | 15 | | no more than 21 business days by sending written notice to the | 16 | | requester and public body that includes a statement of the | 17 | | reasons for the extension in the notice, or decides to address | 18 | | the matter without the issuance of a binding opinion, the | 19 | | Attorney General shall examine the issues and the records, | 20 | | shall make findings of fact and conclusions of law, and shall | 21 | | issue to the requester and the public body an opinion within 60 | 22 | | days after initiating review. The opinion shall be binding upon | 23 | | both the requester and the public body, subject to | 24 | | administrative review under Section 7.5 of this Act. | 25 | | In responding to any written request under this Section | 26 | | 3.5, the Attorney General may exercise his or her discretion |
| | | SB1339 Engrossed | - 8 - | LRB099 10614 JLK 30847 b |
|
| 1 | | and choose to resolve a request for review by mediation or by a | 2 | | means other than the issuance of a binding opinion. The | 3 | | decision not to issue a binding opinion shall not be | 4 | | reviewable. | 5 | | Upon receipt of a binding opinion concluding that a | 6 | | violation of this Act has occurred, the public body shall | 7 | | either take necessary action as soon as practical to comply | 8 | | with the directive of the opinion or shall initiate | 9 | | administrative review under Section 7.5. If the opinion | 10 | | concludes that no violation of the Act has occurred, the | 11 | | requester may initiate administrative review under Section | 12 | | 7.5. | 13 | | (f) If the requester files suit under Section 3 with | 14 | | respect to the same alleged violation that is the subject of a | 15 | | pending request for review, the requester shall notify the | 16 | | Public Access Counselor, and the Public Access Counselor shall | 17 | | take no further action with respect to the request for review | 18 | | and shall so notify the public body. | 19 | | (g) Records that are obtained by the Public Access | 20 | | Counselor from a public body for purposes of addressing a | 21 | | request for review under this Section 3.5 may not be disclosed | 22 | | to the public, including the requester, by the Public Access | 23 | | Counselor. Those records, while in the possession of the Public | 24 | | Access Counselor, shall be exempt from disclosure by the Public | 25 | | Access Counselor under the Freedom of Information Act. | 26 | | (h) The Attorney General may also issue advisory opinions |
| | | SB1339 Engrossed | - 9 - | LRB099 10614 JLK 30847 b |
|
| 1 | | to public bodies regarding compliance with this Act. A review | 2 | | may be initiated upon receipt of a written request from the | 3 | | head of the public body or its attorney. The request must | 4 | | contain sufficient accurate facts from which a determination | 5 | | can be made. The Public Access Counselor may request additional | 6 | | information from the public body in order to facilitate the | 7 | | review. A public body that relies in good faith on an advisory | 8 | | opinion of the Attorney General in complying with the | 9 | | requirements of this Act is not liable for penalties under this | 10 | | Act, so long as the facts upon which the opinion is based have | 11 | | been fully and fairly disclosed to the Public Access Counselor.
| 12 | | (Source: P.A. 96-542, eff. 1-1-10.)
| 13 | | Section 99. Effective date. This Act takes effect January | 14 | | 1, 2016.
|
|