Bill Text: IL HB6298 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: 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.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2014-12-03 - Session Sine Die [HB6298 Detail]
Download: Illinois-2013-HB6298-Introduced.html
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|