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Issue: # 26
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August 10, 2009
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Illinois Open Meetings Act (OMA) and Freedom of Information Act (FOIA)
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During the last week of the legislative session, the Illinois General Assembly passed legislation that if approved by the Governor will make sweeping changes to the state's sunshine laws. On the evening of May 27, 2009, Senate Bill 189 was amended on the House floor. House Amendment 2 was adopted by a voice vote without a hearing by a substantive committee. The bill was then immediately moved to third reading, where it passed the House with 116 votes for the bill and 0 against it. The bill was sent to the Senate that same evening and the next day, with little debate, the Senate approved the bill by a vote of 58 for and 1 against. The bill was sent Governor Quinn for his consideration and he has until the end of August to sign or veto the bill. The Governor is expected to sign the bill, but it is still possible that he may make amendatory changes. There are continuing efforts to suggest changes and improvements to the legislation.
As you might be aware, this bill was an initiative of the Illinois Attorney General in conjunction with the Illinois Press Association and various other groups. Throughout the drafting process, the Illinois Library Association voiced a number of concerns and requested changes in this bill. While months of long work produced a version that is much improved over the original version, there are still serious concerns with this bill. The content of Senate Bill 189 is substantial and will require a careful reading and understanding by all public bodies.
The legislation creates various enforcement mechanisms for Open Meetings Act (OMA) and Freedom of Information Act (FOIA), including the statutory codification of the position of a Public Access Counselor (PAC) within the Office of the Attorney General. The bill grants various powers to the PAC to review and enforce decisions under OMA and FOIA. In addition, the bill fundamentally rewrites the FOIA statute. The entire bill is available here.
If the governor signs the bill, ILA will publish an article in the ILA Reporter explaining the major changes contained in the bill, which affects the Open Meetings Act (OMA), the Freedom of Information Act (FOIA), and the Attorney General's Act.
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Sincerely,
Robert P. Doyle
Illinois Library Association |
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