Full Text of HB5483 96th General Assembly
HB5483 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5483
Introduced 2/5/2010, by Rep. Renée Kosel SYNOPSIS AS INTRODUCED: |
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5 ILCS 120/2.06 |
from Ch. 102, par. 42.06 |
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Amends the Open Meetings Act. Requires a public body to make proposed minutes of an open meeting available for public inspection within 8 business days after the meeting to which the minutes relate and make approved minutes of an open meeting available for public inspection within 5 business days after approval (now, make available within 7 business days after approval).
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A BILL FOR
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HB5483 |
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LRB096 16279 JAM 31537 b |
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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 | 5 |
| Section 2.06 as follows:
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| (5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
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| Sec. 2.06. Minutes. | 8 |
| (a) All public bodies shall keep written minutes of all | 9 |
| their
meetings, whether open or closed,
and a verbatim
record | 10 |
| of all their closed meetings in the form of an audio or video | 11 |
| recording.
Minutes
shall include, but need not be limited to:
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| (1) the date, time and place of the meeting;
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| (2) the members of the public body recorded as either | 14 |
| present or absent and whether the members were physically | 15 |
| present or present by means of video or audio conference;
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| and
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| (3) a summary of discussion on all matters proposed, | 18 |
| deliberated,
or decided, and a record of any votes taken.
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| (b) The proposed minutes of meetings open to the public | 20 |
| shall be available for
public inspection within 8 business 7 | 21 |
| days after the meeting to which the minutes relate. The | 22 |
| approved minutes of a meeting open to the public shall be | 23 |
| available for public inspection within 5 business days after of |
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HB5483 |
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LRB096 16279 JAM 31537 b |
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| the approval of such minutes by the public
body. Beginning July | 2 |
| 1, 2006, at the time it complies with the other requirements of | 3 |
| this subsection, a public body that has a website that the | 4 |
| full-time staff of the public body maintains shall post the | 5 |
| proposed minutes of a regular meeting of its governing body | 6 |
| open to the public on the public body's website within 8 | 7 |
| business 7 days after the meeting to which the minutes relate | 8 |
| and shall post the approved minutes of a regular meeting of its | 9 |
| governing body open to the public on the public body's website | 10 |
| within 5 business days after of the approval of the minutes by | 11 |
| the public body. Beginning July 1, 2006, any minutes of | 12 |
| meetings open to the public posted on the public body's website | 13 |
| shall remain posted on the website for at least 60 days after | 14 |
| their initial posting.
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| (c) The verbatim record may be destroyed without | 16 |
| notification to or the
approval of a records commission or the | 17 |
| State Archivist under the Local Records
Act or the State | 18 |
| Records Act no less than 18 months after the completion of the
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| meeting recorded but only after:
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| (1) the public body
approves the destruction of a | 21 |
| particular recording; and
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| (2) the public body approves minutes of the closed | 23 |
| meeting that meet the
written minutes requirements of | 24 |
| subsection (a) of this Section.
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| (d) Each public body shall periodically, but no less than
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| semi-annually,
meet to review minutes of all closed meetings. |
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| At such
meetings a determination shall be made, and reported in | 2 |
| an open session that
(1) the need for confidentiality still | 3 |
| exists as to all or part of those
minutes or (2) that the | 4 |
| minutes or portions thereof no
longer require
confidential
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| treatment and are available for public inspection. The failure | 6 |
| of a public body to strictly comply with the semi-annual review | 7 |
| of closed session written minutes, whether before or after the | 8 |
| effective date of this amendatory Act of the 94th General | 9 |
| Assembly, shall not cause the written minutes or related | 10 |
| verbatim record to become public or available for inspection in | 11 |
| any judicial proceeding, other than a proceeding involving an | 12 |
| alleged violation of this Act, if the public body, within 60 | 13 |
| days of discovering its failure to strictly comply with the | 14 |
| technical requirements of this subsection, reviews the closed | 15 |
| session minutes and determines and thereafter reports in open | 16 |
| session that either (1) the need for confidentiality still | 17 |
| exists as to all or part of the minutes or verbatim record, or | 18 |
| (2) that the minutes or recordings or portions thereof no | 19 |
| longer require confidential treatment and are available for | 20 |
| public inspection.
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| (e) Unless the public body has made a determination that | 22 |
| the verbatim
recording no longer requires confidential | 23 |
| treatment or otherwise consents to
disclosure, the verbatim | 24 |
| record of a meeting closed to the public shall not be
open for | 25 |
| public inspection or subject to discovery in any administrative
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| or judicial proceeding other than one brought to enforce this |
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| Act. In the case of a civil
action brought to enforce this Act, | 2 |
| the court, if the judge believes such an examination is | 3 |
| necessary, must conduct such in camera
examination of the | 4 |
| verbatim record as it finds appropriate in order to
determine | 5 |
| whether there has been a violation of this Act. In the case of | 6 |
| a
criminal proceeding, the court may conduct an
examination in | 7 |
| order to
determine what portions, if any, must be made | 8 |
| available to the parties for use
as evidence in the | 9 |
| prosecution. Any such initial inspection must be held in | 10 |
| camera. If the court
determines that a complaint or suit | 11 |
| brought for noncompliance under this Act
is valid it may, for | 12 |
| the purposes of discovery, redact from the minutes of the
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| meeting closed to the public any information deemed to qualify | 14 |
| under the
attorney-client privilege. The provisions of this | 15 |
| subsection do not supersede
the privacy or confidentiality | 16 |
| provisions of State or federal law.
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| (f) Minutes of meetings closed to the public shall be | 18 |
| available only after
the public body determines that it is no | 19 |
| longer necessary to protect the public
interest or the privacy | 20 |
| of an individual by keeping them confidential.
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| (Source: P.A. 93-523, eff. 1-1-04; 93-974, eff. 1-1-05; 94-28, | 22 |
| eff. 1-1-06; 94-542, eff. 8-10-05; 94-1058, eff. 1-1-07.)
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