Bill Text: IL HB5483 | 2009-2010 | 96th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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).
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2010-08-23 - Public Act . . . . . . . . . 96-1473 [HB5483 Detail]
Download: Illinois-2009-HB5483-Introduced.html
Bill Title: 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).
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2010-08-23 - Public Act . . . . . . . . . 96-1473 [HB5483 Detail]
Download: Illinois-2009-HB5483-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Open Meetings Act is amended by changing | |||||||||||||||||||
5 | Section 2.06 as follows:
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6 | (5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
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7 | 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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12 | (1) the date, time and place of the meeting;
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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;
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16 | and
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17 | (3) a summary of discussion on all matters proposed, | |||||||||||||||||||
18 | deliberated,
or decided, and a record of any votes taken.
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19 | (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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1 | 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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15 | (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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19 | meeting recorded but only after:
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20 | (1) the public body
approves the destruction of a | ||||||
21 | particular recording; and
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22 | (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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25 | (d) Each public body shall periodically, but no less than
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26 | semi-annually,
meet to review minutes of all closed meetings. |
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1 | 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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5 | 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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21 | (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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26 | or judicial proceeding other than one brought to enforce this |
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1 | 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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13 | 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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17 | (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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21 | (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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