Illinois 2023-2024 Regular Session

Illinois House Bill HB2265 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2265 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 5 ILCS 120/3 from Ch. 102, par. 43 Amends the Open Meetings Act. Provides that a civil action for violation of the Act may be brought within 60 days after the discovery of failure to comply with specified notice requirements. LRB103 04559 DTM 49566 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2265 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 5 ILCS 120/3 from Ch. 102, par. 43 5 ILCS 120/3 from Ch. 102, par. 43 Amends the Open Meetings Act. Provides that a civil action for violation of the Act may be brought within 60 days after the discovery of failure to comply with specified notice requirements. LRB103 04559 DTM 49566 b LRB103 04559 DTM 49566 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2265 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 120/3 from Ch. 102, par. 43 5 ILCS 120/3 from Ch. 102, par. 43
4	4	5 ILCS 120/3 from Ch. 102, par. 43
5	5	Amends the Open Meetings Act. Provides that a civil action for violation of the Act may be brought within 60 days after the discovery of failure to comply with specified notice requirements.
6	6	LRB103 04559 DTM 49566 b LRB103 04559 DTM 49566 b
7	7	LRB103 04559 DTM 49566 b
8	8	A BILL FOR
9	9	HB2265LRB103 04559 DTM 49566 b HB2265 LRB103 04559 DTM 49566 b
10	10	HB2265 LRB103 04559 DTM 49566 b
11	11	1 AN ACT concerning government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Open Meetings Act is amended by changing
15	15	5 Section 3 as follows:
16	16	6 (5 ILCS 120/3) (from Ch. 102, par. 43)
17	17	7 Sec. 3. (a) Where the provisions of this Act are not
18	18	8 complied with, or where there is probable cause to believe
19	19	9 that the provisions of this Act will not be complied with, any
20	20	10 person, including the State's Attorney of the county in which
21	21	11 such noncompliance may occur, may bring a civil action in the
22	22	12 circuit court for the judicial circuit in which the alleged
23	23	13 noncompliance has occurred or is about to occur, or in which
24	24	14 the affected public body has its principal office. The civil
25	25	15 action described in this Section must be brought (i) , prior to
26	26	16 or within 60 days of the meeting alleged to be in violation of
27	27	17 this Act; (ii) or, if facts concerning the meeting are not
28	28	18 discovered within the 60-day period, within 60 days of the
29	29	19 discovery of a violation by the State's Attorney if facts
30	30	20 concerning the meeting are not discovered within the 60-day
31	31	21 period described in item (i); (iii) or, if the person timely
32	32	22 files a request for review under Section 3.5, within 60 days of
33	33	23 the decision by the Attorney General to resolve a request for
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2265 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
38	38	5 ILCS 120/3 from Ch. 102, par. 43 5 ILCS 120/3 from Ch. 102, par. 43
39	39	5 ILCS 120/3 from Ch. 102, par. 43
40	40	Amends the Open Meetings Act. Provides that a civil action for violation of the Act may be brought within 60 days after the discovery of failure to comply with specified notice requirements.
41	41	LRB103 04559 DTM 49566 b LRB103 04559 DTM 49566 b
42	42	LRB103 04559 DTM 49566 b
43	43	A BILL FOR
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49	49	5 ILCS 120/3 from Ch. 102, par. 43
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68	68	1 review by a means other than the issuance of a binding opinion
69	69	2 under subsection (e) of Section 3.5 if the person bringing the
70	70	3 action has timely filed a request for review under that
71	71	4 section; or (iv) within 60 days after the discovery of a
72	72	5 violation of this Act by the person bringing the action if the
73	73	6 public body against which the action is brought failed to
74	74	7 provide notice of the meeting in accordance with Section 2.02.
75	75	8 Records that are obtained by a State's Attorney from a
76	76	9 public body for purposes of reviewing whether the public body
77	77	10 has complied with this Act may not be disclosed to the public.
78	78	11 Those records, while in the possession of the State's
79	79	12 Attorney, are exempt from disclosure under the Freedom of
80	80	13 Information Act.
81	81	14 (b) In deciding such a case the court may examine in camera
82	82	15 any portion of the minutes of a meeting at which a violation of
83	83	16 the Act is alleged to have occurred, and may take such
84	84	17 additional evidence as it deems necessary.
85	85	18 (c) The court, having due regard for orderly
86	86	19 administration and the public interest, as well as for the
87	87	20 interests of the parties, may grant such relief as it deems
88	88	21 appropriate, including granting a relief by mandamus requiring
89	89	22 that a meeting be open to the public, granting an injunction
90	90	23 against future violations of this Act, ordering the public
91	91	24 body to make available to the public such portion of the
92	92	25 minutes of a meeting as is not authorized to be kept
93	93	26 confidential under this Act, or declaring null and void any
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104	104	1 final action taken at a closed meeting in violation of this
105	105	2 Act.
106	106	3 (d) The court may assess against any party, except a
107	107	4 State's Attorney, reasonable attorney's fees and other
108	108	5 litigation costs reasonably incurred by any other party who
109	109	6 substantially prevails in any action brought in accordance
110	110	7 with this Section, provided that costs may be assessed against
111	111	8 any private party or parties bringing an action pursuant to
112	112	9 this Section only upon the court's determination that the
113	113	10 action is malicious or frivolous in nature.
114	114	11 (Source: P.A. 99-714, eff. 8-5-16.)
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