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
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
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
LRB103 04559 DTM 49566 b
A BILL FOR
HB2265LRB103 04559 DTM 49566 b HB2265 LRB103 04559 DTM 49566 b
HB2265 LRB103 04559 DTM 49566 b
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
9 that 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. The civil
15 action described in this Section must be brought (i) , prior to
16 or within 60 days of the meeting alleged to be in violation of
17 this Act; (ii) or, if facts concerning the meeting are not
18 discovered within the 60-day period, within 60 days of the
19 discovery of a violation by the State's Attorney if facts
20 concerning the meeting are not discovered within the 60-day
21 period described in item (i); (iii) or, if the person timely
22 files a request for review under Section 3.5, within 60 days of
23 the decision by the Attorney General to resolve a request 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
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
LRB103 04559 DTM 49566 b
A BILL FOR
5 ILCS 120/3 from Ch. 102, par. 43
LRB103 04559 DTM 49566 b
HB2265 LRB103 04559 DTM 49566 b
HB2265- 2 -LRB103 04559 DTM 49566 b HB2265 - 2 - LRB103 04559 DTM 49566 b
HB2265 - 2 - LRB103 04559 DTM 49566 b
1 review by a means other than the issuance of a binding opinion
2 under subsection (e) of Section 3.5 if the person bringing the
3 action has timely filed a request for review under that
4 section; or (iv) within 60 days after the discovery of a
5 violation of this Act by the person bringing the action if the
6 public body against which the action is brought failed to
7 provide notice of the meeting in accordance with Section 2.02.
8 Records that are obtained by a State's Attorney from a
9 public body for purposes of reviewing whether the public body
10 has complied with this Act may not be disclosed to the public.
11 Those records, while in the possession of the State's
12 Attorney, are exempt from disclosure under the Freedom of
13 Information Act.
14 (b) In deciding such a case the court may examine in camera
15 any portion of the minutes of a meeting at which a violation of
16 the Act is alleged to have occurred, and may take such
17 additional evidence as it deems necessary.
18 (c) The court, having due regard for orderly
19 administration and the public interest, as well as for the
20 interests of the parties, may grant such relief as it deems
21 appropriate, including granting a relief by mandamus requiring
22 that a meeting be open to the public, granting an injunction
23 against future violations of this Act, ordering the public
24 body to make available to the public such portion of the
25 minutes of a meeting as is not authorized to be kept
26 confidential under this Act, or declaring null and void any
HB2265 - 2 - LRB103 04559 DTM 49566 b
HB2265- 3 -LRB103 04559 DTM 49566 b HB2265 - 3 - LRB103 04559 DTM 49566 b
HB2265 - 3 - LRB103 04559 DTM 49566 b
1 final action taken at a closed meeting in violation of this
2 Act.
3 (d) The court may assess against any party, except a
4 State's Attorney, reasonable attorney's fees and other
5 litigation costs reasonably incurred by any other party who
6 substantially prevails in any action brought in accordance
7 with this Section, provided that costs may be assessed against
8 any private party or parties bringing an action pursuant to
9 this Section only upon the court's determination that the
10 action is malicious or frivolous in nature.
11 (Source: P.A. 99-714, eff. 8-5-16.)
HB2265 - 3 - LRB103 04559 DTM 49566 b