Rep. Renée Kosel
Filed: 3/12/2010
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1 | AMENDMENT TO HOUSE BILL 5483
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2 | AMENDMENT NO. ______. Amend House Bill 5483 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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;
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16 | and |
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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.
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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
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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 |
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1 | subsection (a) of this Section. | ||||||
2 | (d) Each public body shall periodically, but no less than
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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
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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 |
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1 | record of a meeting closed to the public shall not be
open for | ||||||
2 | public inspection or subject to discovery in any administrative
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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
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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. |
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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.)".
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