Full Text of HB5483 96th General Assembly
HB5483ham002 96TH GENERAL ASSEMBLY
|
Rep. Renée Kosel
Filed: 3/12/2010
|
|
09600HB5483ham002 |
|
LRB096 16279 JAM 38751 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 5483
| 2 |
| AMENDMENT NO. ______. Amend House Bill 5483 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Open Meetings Act is amended by changing | 5 |
| Section 2.06 as follows: | 6 |
| (5 ILCS 120/2.06) (from Ch. 102, par. 42.06) | 7 |
| Sec. 2.06. Minutes ; right to speak . | 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: | 12 |
| (1) the date, time and place of the meeting; | 13 |
| (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;
| 16 |
| and |
|
|
|
09600HB5483ham002 |
- 2 - |
LRB096 16279 JAM 38751 a |
|
| 1 |
| (3) a summary of discussion on all matters proposed, | 2 |
| deliberated,
or decided, and a record of any votes taken. | 3 |
| (b) A public body shall approve the minutes of its open | 4 |
| meeting within 30 days after that meeting or at the public | 5 |
| body's next regular meeting, whichever is later. The minutes of | 6 |
| meetings open to the public shall be available for
public | 7 |
| inspection within 10 7 days after of the approval of such | 8 |
| minutes by the public
body. Beginning July 1, 2006, at the time | 9 |
| it complies with the other requirements of this subsection, a | 10 |
| public body that has a website that the full-time staff of the | 11 |
| public body maintains shall post the minutes of a regular | 12 |
| meeting of its governing body open to the public on the public | 13 |
| body's website within 10 7 days after of the approval of the | 14 |
| minutes by the public body. Beginning July 1, 2006, any minutes | 15 |
| of meetings open to the public posted on the public body's | 16 |
| website shall remain posted on the website for at least 60 days | 17 |
| after their initial posting.
| 18 |
| (c) The verbatim record may be destroyed without | 19 |
| notification to or the
approval of a records commission or the | 20 |
| State Archivist under the Local Records
Act or the State | 21 |
| Records Act no less than 18 months after the completion of the
| 22 |
| meeting recorded but only after: | 23 |
| (1) the public body
approves the destruction of a | 24 |
| particular recording; and | 25 |
| (2) the public body approves minutes of the closed | 26 |
| meeting that meet the
written minutes requirements of |
|
|
|
09600HB5483ham002 |
- 3 - |
LRB096 16279 JAM 38751 a |
|
| 1 |
| subsection (a) of this Section. | 2 |
| (d) Each public body shall periodically, but no less than
| 3 |
| semi-annually,
meet to review minutes of all closed meetings. | 4 |
| At such
meetings a determination shall be made, and reported in | 5 |
| an open session that
(1) the need for confidentiality still | 6 |
| exists as to all or part of those
minutes or (2) that the | 7 |
| minutes or portions thereof no
longer require
confidential
| 8 |
| treatment and are available for public inspection. The failure | 9 |
| of a public body to strictly comply with the semi-annual review | 10 |
| of closed session written minutes, whether before or after the | 11 |
| effective date of this amendatory Act of the 94th General | 12 |
| Assembly, shall not cause the written minutes or related | 13 |
| verbatim record to become public or available for inspection in | 14 |
| any judicial proceeding, other than a proceeding involving an | 15 |
| alleged violation of this Act, if the public body, within 60 | 16 |
| days of discovering its failure to strictly comply with the | 17 |
| technical requirements of this subsection, reviews the closed | 18 |
| session minutes and determines and thereafter reports in open | 19 |
| session that either (1) the need for confidentiality still | 20 |
| exists as to all or part of the minutes or verbatim record, or | 21 |
| (2) that the minutes or recordings or portions thereof no | 22 |
| longer require confidential treatment and are available for | 23 |
| public inspection. | 24 |
| (e) Unless the public body has made a determination that | 25 |
| the verbatim
recording no longer requires confidential | 26 |
| treatment or otherwise consents to
disclosure, the verbatim |
|
|
|
09600HB5483ham002 |
- 4 - |
LRB096 16279 JAM 38751 a |
|
| 1 |
| record of a meeting closed to the public shall not be
open for | 2 |
| public inspection or subject to discovery in any administrative
| 3 |
| or judicial proceeding other than one brought to enforce this | 4 |
| Act. In the case of a civil
action brought to enforce this Act, | 5 |
| the court, if the judge believes such an examination is | 6 |
| necessary, must conduct such in camera
examination of the | 7 |
| verbatim record as it finds appropriate in order to
determine | 8 |
| whether there has been a violation of this Act. In the case of | 9 |
| a
criminal proceeding, the court may conduct an
examination in | 10 |
| order to
determine what portions, if any, must be made | 11 |
| available to the parties for use
as evidence in the | 12 |
| prosecution. Any such initial inspection must be held in | 13 |
| camera. If the court
determines that a complaint or suit | 14 |
| brought for noncompliance under this Act
is valid it may, for | 15 |
| the purposes of discovery, redact from the minutes of the
| 16 |
| meeting closed to the public any information deemed to qualify | 17 |
| under the
attorney-client privilege. The provisions of this | 18 |
| subsection do not supersede
the privacy or confidentiality | 19 |
| provisions of State or federal law. | 20 |
| (f) Minutes of meetings closed to the public shall be | 21 |
| available only after
the public body determines that it is no | 22 |
| longer necessary to protect the public
interest or the privacy | 23 |
| of an individual by keeping them confidential. | 24 |
| (g) Any person shall be permitted an opportunity to address | 25 |
| public officials at meetings subject to this Act under the | 26 |
| rules established and recorded by the public body. |
|
|
|
09600HB5483ham002 |
- 5 - |
LRB096 16279 JAM 38751 a |
|
| 1 |
| (Source: P.A. 93-523, eff. 1-1-04; 93-974, eff. 1-1-05; 94-28, | 2 |
| eff. 1-1-06; 94-542, eff. 8-10-05; 94-1058, eff. 1-1-07.)".
|
|