Full Text of HB1038 94th General Assembly
HB1038ham001 94TH GENERAL ASSEMBLY
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Executive Committee
Filed: 3/16/2005
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LRB094 07115 JAM 43892 a |
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| AMENDMENT TO HOUSE BILL 1038
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| AMENDMENT NO. ______. Amend House Bill 1038 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Open Meetings Act is amended by changing | 5 |
| Sections
1.02, 2.01, 2.05, and 2.06 and by adding Section 7 as | 6 |
| follows:
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| (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
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| Sec. 1.02. For the purposes of this Act:
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| "Meeting" means any gathering , whether in person or by | 10 |
| video or audio conference, telephone call, electronic means | 11 |
| (such as, without limitation, electronic mail, electronic | 12 |
| chat, and instant messaging), or other means of interactive | 13 |
| communication, of a majority of a quorum of the members of a
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| public body held for the purpose of discussing public
business.
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| "Public body" includes all legislative, executive, | 16 |
| administrative or advisory
bodies of the State, counties, | 17 |
| townships, cities, villages, incorporated
towns, school | 18 |
| districts and all other municipal corporations, boards, | 19 |
| bureaus,
committees or commissions of this State, and any | 20 |
| subsidiary bodies of any
of the foregoing including but not | 21 |
| limited to committees and subcommittees
which are supported in | 22 |
| whole or in part by tax revenue, or which expend tax
revenue, | 23 |
| except the General Assembly and committees or commissions | 24 |
| thereof.
"Public body" includes tourism boards and convention |
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| or civic center
boards located in counties that are contiguous | 2 |
| to the Mississippi River with
populations of more than 250,000 | 3 |
| but less than 300,000. "Public body"
includes the Health | 4 |
| Facilities Planning Board. "Public body" does not
include a | 5 |
| child death review team or the Illinois Child Death Review | 6 |
| Teams
Executive Council established under
the Child Death | 7 |
| Review Team Act or an ethics commission acting under the State | 8 |
| Officials and
Employees Ethics Act.
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| (Source: P.A. 92-468, eff. 8-22-01; 93-617, eff. 12-9-03.)
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| (5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
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| Sec. 2.01. All meetings required by this Act to be public | 12 |
| shall be held at
specified times and places which are | 13 |
| convenient and open
to the public. No meeting
required by this | 14 |
| Act to be public shall be held on a legal holiday unless
the | 15 |
| regular meeting day falls on that holiday.
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| A quorum of members of a public body must be physically | 17 |
| present at the location of the meeting. Other members who are | 18 |
| not physically present at the meeting may participate in the | 19 |
| meeting and vote on all matters, if they are voting members, by | 20 |
| means of a video or audio conference.
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| (Source: P.A. 88-621, eff. 1-1-95.)
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| (5 ILCS 120/2.05) (from Ch. 102, par. 42.05)
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| Sec. 2.05. Recording meetings.
Subject to the provisions of | 24 |
| Section
8-701 of the Code of Civil Procedure
"An Act in | 25 |
| relation
to the rights of witnesses at proceedings conducted by | 26 |
| a court,
commission, administrative agency or other tribunal in | 27 |
| this
State which are televised or broadcast or at which motion
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| pictures are taken", approved July 14, 1953, as amended , any | 29 |
| person may
record the
proceedings at meetings required to be | 30 |
| open by this Act by tape, film or
other means. The authority
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| holding the meeting shall prescribe reasonable rules to govern
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| the right to make such recordings.
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| If a witness at any meeting required to be open by this Act
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| which is conducted by a commission, administrative agency or
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| other tribunal, refuses to testify on the grounds that he may
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| not be compelled to testify if any portion of his testimony is
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| to be broadcast or televised or if motion pictures are to be
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| taken of him while he is testifying, the authority holding the
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| meeting shall prohibit such recording during the testimony of
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| the witness. Nothing in this Section shall be construed to
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| extend the right to refuse to testify at any meeting not
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| subject to the provisions of Section 8-701 of the Code of Civil | 11 |
| Procedure
"An Act in relation to the rights
of witnesses at | 12 |
| proceedings conducted by a court, commission,
administrative | 13 |
| agency or other tribunal in this State which are
televised or | 14 |
| broadcast or at which motion pictures are taken",
approved July | 15 |
| 14, 1953, as amended .
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| (Source: P.A. 82-378.)
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| (5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
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| Sec. 2.06. Minutes.
(a) All public bodies shall keep | 19 |
| written minutes of all their
meetings, whether open or closed,
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| and a verbatim
record of all their closed meetings in the form | 21 |
| of an audio or video recording.
Minutes
shall include, but need | 22 |
| 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 | 25 |
| present or absent and whether the members were physically | 26 |
| 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, | 29 |
| deliberated,
or decided, and a record of any votes taken.
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| (b) The minutes of meetings open to the public shall be | 31 |
| available for
public inspection within 7 days of the approval | 32 |
| of such minutes by the public
body.
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| (c) The verbatim record may be destroyed without |
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| notification to or the
approval of a records commission or the | 2 |
| State Archivist under the Local Records
Act or the State | 3 |
| 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 | 6 |
| particular recording; and
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| (2) the public body approves minutes of the closed | 8 |
| meeting that meet the
written minutes requirements of | 9 |
| 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. | 12 |
| At such
meetings a determination shall be made, and reported in | 13 |
| an open session that
(1) the need for confidentiality still | 14 |
| exists as to all or part of those
minutes or (2) that the | 15 |
| minutes or portions thereof no
longer require
confidential
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| treatment and are available for public inspection.
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| (e) Unless the public body has made a determination that | 18 |
| the verbatim
recording no longer requires confidential | 19 |
| treatment or otherwise consents to
disclosure, the verbatim | 20 |
| record of a meeting closed to the public shall not be
open for | 21 |
| public inspection or subject to discovery in any administrative
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| or judicial proceeding other than one brought to enforce this | 23 |
| Act. In the case of a civil
action brought to enforce this Act, | 24 |
| the court, if the judge believes such an examination is | 25 |
| necessary, must conduct such in camera
examination of the | 26 |
| verbatim record as it finds appropriate in order to
determine | 27 |
| whether there has been a violation of this Act. In the case of | 28 |
| a
criminal proceeding, the court may conduct an
examination in | 29 |
| order to
determine what portions, if any, must be made | 30 |
| available to the parties for use
as evidence in the | 31 |
| prosecution. Any such initial inspection must be held in | 32 |
| camera. If the court
determines that a complaint or suit | 33 |
| brought for noncompliance under this Act
is valid it may, for | 34 |
| the purposes of discovery, redact from the minutes of the
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| meeting closed to the public any information deemed to qualify | 2 |
| under the
attorney-client privilege. The provisions of this | 3 |
| subsection do not supersede
the privacy or confidentiality | 4 |
| provisions of State or federal law.
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| (f) Minutes of meetings closed to the public shall be | 6 |
| available only after
the public body determines that it is no | 7 |
| longer necessary to protect the public
interest or the privacy | 8 |
| 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.)
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| (5 ILCS 120/7 new)
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| Sec. 7. Attendance by a means other than physical presence.
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| (a) If a
quorum of the members of the public body is | 13 |
| physically present at the place
designated in the notice of the | 14 |
| meeting, a majority of the public body may allow a member of | 15 |
| that body to attend the meeting by other means if the member is | 16 |
| prevented from physically
attending because of: (i) personal | 17 |
| illness or disability; (ii) employment purposes or
the
business | 18 |
| of the public body; or (iii) a family or other emergency.
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| "Other means" is by video or audio conference.
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| (b) If a member wishes to attend a meeting by other means, | 21 |
| the
member must notify the
recording secretary or clerk of the
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| public body before the meeting unless
advance notice is | 23 |
| impractical.
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| (c) A majority of the public body may allow a member to | 25 |
| attend a meeting by other means only in accordance with and to | 26 |
| the extent allowed by rules adopted by the public body. The | 27 |
| rules must conform to the requirements and restrictions of this | 28 |
| Section, may further limit the extent to which attendance by | 29 |
| other means is allowed, and may provide for the giving of | 30 |
| additional notice to the public or further facilitate public | 31 |
| access to meetings. ".
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