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HB 2884

FOIA-CLOSED MTG MINUTES

104th Regular Session Introduced by Harry Benton and 2 co-sponsors

Imposes a 60-day wait before suing over FOIA denials for closed-meeting minutes not yet released, allowing Open Meetings Act review and PAC opinions before litigation.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 2884

Summary — HB 2884 (FOIA: closed meeting minutes)

Status: Enacted (signed by Governor 2025-05-28; effective immediately)
Primary sponsor: Rep. Terra Costa Howard (with multiple co-sponsors)
Companion bill: SB 1200

Note on mixed text: The packet provided contains text from an unrelated Arizona bill also numbered HB 2884 (on ESAs and fingerprinting). The summary below addresses the Illinois measure titled “FOIA — closed meeting minutes,” which is the text that follows the Freedom of Information Act amendments.

Purpose / intent

To require a 60‑day waiting period before a requester may sue under FOIA over a denial that includes minutes or a verbatim record of a meeting that was closed under the Open Meetings Act, where those minutes/records have not previously been made available for public inspection. The waiting period allows the records to be reviewed under the Open Meetings Act process (including review by the Public Access Counselor).

Key provisions

  • Amends Section 11 of the Illinois Freedom of Information Act (5 ILCS 140/11).
  • If a FOIA denial includes a request for minutes or a verbatim record of a meeting closed under the Open Meetings Act that have not previously been made available for public inspection, a lawsuit to enforce access may be filed only after a 60‑day period following:
    • the public body’s receipt of the FOIA request, or
    • the issuance of a binding or non‑binding opinion by the Public Access Counselor under FOIA Section 9.5, whichever is later.
  • The 60‑day period is intended to allow review of the requested records under Section 2.06 of the Open Meetings Act (the Act’s review process for closed‑meeting materials).
  • Other FOIA enforcement provisions (venue, court powers, de novo review, in camera inspection, indexing of withheld records, attorney fees, civil penalties, etc.) remain in place.

Who is affected

  • Requesters seeking minutes or verbatim records of meetings that were closed under the Open Meetings Act.
  • Public bodies subject to FOIA and the Open Meetings Act (state agencies, municipalities, school boards, etc.).
  • The Public Access Counselor, which may be asked to issue opinions and facilitate resolution during the 60‑day window.

Procedural / timeline aspects

  • Lawsuits challenging denials that include such closed‑meeting records cannot be filed until the 60‑day period has elapsed (or later if PAC opinion issuance is later).
  • Effective immediately upon the Governor’s signature (May 28, 2025).

Potential impacts

  • Encourages use of the Open Meetings Act review process and Public Access Counselor opinions before litigation.
  • May reduce immediate FOIA litigation over closed‑meeting records by giving public bodies time to review/release records or obtain PAC guidance.
  • May delay judicial resolution and public access for some requesters who want rapid court review.
  • Shifts some dispute resolution toward administrative review (PAC/Open Meetings Act) rather than immediate court action.

Additional notes

  • The amendment applies only to meeting minutes/verbatim records closed under the Open Meetings Act that have not already been released for public inspection.
  • All other FOIA enforcement mechanisms, remedies, and penalties remain available after the specified waiting period.

Compiled from official sources — confirm details with the bill’s official record.

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