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| Public Act 099-0714 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Open Meetings Act is amended by changing | ||||
Section 3 as follows:
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(5 ILCS 120/3) (from Ch. 102, par. 43)
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Sec. 3.
(a) Where the provisions of this Act are not | ||||
complied with, or
where there is probable cause to believe that | ||||
the provisions of this Act
will not be complied with, any | ||||
person, including the State's Attorney
of the county in which | ||||
such noncompliance
may occur, may bring a civil action in the | ||||
circuit court for the judicial
circuit in which the alleged | ||||
noncompliance has occurred or is about to occur,
or in which | ||||
the affected public body has its principal office, prior to
or | ||||
within 60 days of the meeting alleged to be in
violation of | ||||
this Act or, if facts concerning the meeting are not discovered
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within the 60-day period,
within 60 days of the discovery of a | ||||
violation by the State's
Attorney or, if the person timely | ||||
files a request for review under Section 3.5, within 60 days of | ||||
the decision by the Attorney General to resolve a request for | ||||
review by a means other than the issuance of a binding opinion | ||||
under subsection (e) of Section 3.5.
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Records that are obtained by a State's Attorney from a | ||||
public body for purposes of reviewing whether the public body | ||
has complied with this Act may not be disclosed to the public. | ||
Those records, while in the possession of the State's Attorney, | ||
are exempt from disclosure under the Freedom of Information | ||
Act. | ||
(b) In deciding such a case the court may examine in camera | ||
any portion
of the minutes of a meeting at which a violation of | ||
the Act is alleged to
have occurred, and may take such | ||
additional evidence as it deems necessary.
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(c) The court, having due regard for orderly administration | ||
and the public
interest, as well as for the interests of the | ||
parties, may grant such
relief as it deems appropriate, | ||
including granting a relief
by mandamus requiring that a | ||
meeting be open
to the public, granting an injunction against | ||
future violations of this
Act, ordering the public body to make | ||
available to the public such portion
of the minutes of a | ||
meeting as is not
authorized to be kept confidential under this | ||
Act, or declaring null and
void any final action taken at a | ||
closed meeting in violation of this Act.
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(d) The court may assess against any party, except a | ||
State's Attorney,
reasonable attorney's fees and other | ||
litigation costs reasonably incurred
by any other party who | ||
substantially prevails in any action brought in
accordance with | ||
this Section, provided that costs may be assessed against
any | ||
private party or parties bringing an action pursuant to this | ||
Section
only upon the court's determination that the action is | ||
malicious or frivolous
in nature.
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(Source: P.A. 96-542, eff. 1-1-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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