Full Text of SB0226 94th General Assembly
SB0226 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0226
Introduced 2/2/2005, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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5 ILCS 120/2.02 |
from Ch. 102, par. 42.02 |
5 ILCS 120/2.06 |
from Ch. 102, par. 42.06 |
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Amends the Open Meetings Act. Requires that public bodies with websites maintained by their own staff must post on their websites the following information, for the specified periods, with respect to their meetings: (i) the agenda of a regular meeting, until the meeting is conducted; (ii) the annual schedule of regular meetings, until public notice of another schedule is approved; (iii) notice of a regular meeting, until the meeting is conducted; and (iv) minutes of an open meeting, for at least 60 days after posting. Changes the deadline for any type of public notice of the agenda of a regular meeting from 48 to 72 hours before the meeting.
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A BILL FOR
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SB0226 |
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LRB094 07769 JAM 37947 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 |
| Sections 2.02 and 2.06 as follows:
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| (5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
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| Sec. 2.02. Public notice of all meetings, whether open or | 8 |
| closed to
the public, shall be given as follows:
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| (a) Every public body shall give public notice
of the | 10 |
| schedule of regular meetings at the beginning of each calendar | 11 |
| or fiscal
year and shall state the regular dates, times, and | 12 |
| places of such meetings.
An agenda for each regular meeting | 13 |
| shall be posted at the principal office of
the public body , on | 14 |
| the public body's website if the public body has a website that | 15 |
| the staff of the public body maintains, and at the location | 16 |
| where the meeting is to be held at least 72
48 hours in
advance | 17 |
| of the holding of the meeting. Any agenda of a regular meeting | 18 |
| that is posted on a public body's website shall remain posted | 19 |
| on the website until the regular meeting is concluded. The | 20 |
| requirement of a regular
meeting agenda shall not preclude the | 21 |
| consideration of items not specifically
set forth in the | 22 |
| agenda.
Public
notice of any special meeting except a meeting | 23 |
| held in the event of a
bona fide emergency, or of any | 24 |
| rescheduled regular meeting, or of any
reconvened meeting, | 25 |
| shall be given at least 48 hours before such
meeting, which | 26 |
| notice shall also include the agenda for the special,
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| rescheduled,
or reconvened meeting, but the validity of any | 28 |
| action taken by the public
body which is germane to a subject | 29 |
| on the agenda shall not be affected by
other errors or | 30 |
| omissions in the agenda. The requirement
of public notice of | 31 |
| reconvened meetings does
not apply to any case where the | 32 |
| meeting was open to the public and (1)
it is to be reconvened |
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SB0226 |
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LRB094 07769 JAM 37947 b |
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| within 24 hours, or (2) an announcement of
the time and place | 2 |
| of the reconvened meeting was
made at the original meeting and | 3 |
| there is no change in the agenda. Notice
of an emergency | 4 |
| meeting shall be given as soon as practicable, but in any
event | 5 |
| prior to the holding of such meeting, to any news medium which | 6 |
| has
filed an annual request for notice under subsection (b) of | 7 |
| this Section.
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| (b) Public notice shall be given (i) by posting a notice on | 9 |
| the public body's website if the public body has a website that | 10 |
| the staff of the public body maintains and (ii) by posting a | 11 |
| copy of the notice at the
principal office of the body holding | 12 |
| the meeting or, if no such office exists,
at the building in | 13 |
| which the meeting
is to be held. Any notice of an annual | 14 |
| schedule of meetings shall remain on the website until a new | 15 |
| public notice of the schedule of regular meetings is approved. | 16 |
| Any notice of a regular meeting that is posted on a public | 17 |
| body's website shall remain posted on the website until the | 18 |
| regular meeting is concluded. The body shall supply copies of | 19 |
| the notice of its regular
meetings, and of the notice of any | 20 |
| special,
emergency, rescheduled or reconvened meeting, to any | 21 |
| news medium
that has filed an annual request for such notice. | 22 |
| Any such news
medium shall also be given the same notice of all | 23 |
| special,
emergency, rescheduled or reconvened meetings in the | 24 |
| same manner as
is given to members of the body provided such | 25 |
| news medium has given the
public body an address or telephone | 26 |
| number within the territorial jurisdiction
of the public body | 27 |
| at which such notice may be given.
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| (Source: P.A. 88-621, eff. 1-1-95; 89-86, eff. 6-30-95.)
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| (5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
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| Sec. 2.06. (a) All public bodies shall keep written minutes | 31 |
| of all their
meetings, whether open or closed,
and a verbatim
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| record of all their closed meetings in the form of an audio or | 33 |
| video recording.
Minutes
shall include, but need not be limited | 34 |
| 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 | 2 |
| present or absent;
and
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| (3) a summary of discussion on all matters proposed, | 4 |
| 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 | 6 |
| available for
public inspection within 7 days of the approval | 7 |
| of such minutes by the public
body. At the time it complies | 8 |
| with the other requirements of this subsection, a public body | 9 |
| that has a website that the staff of the public body maintains | 10 |
| shall post the minutes of meetings open to the public on the | 11 |
| public body's website within 7 days of the approval of such | 12 |
| minutes by the public body. Any minutes of meetings open to the | 13 |
| public posted on the public body's website shall remain posted | 14 |
| on the website for at least 60 days after their initial | 15 |
| posting.
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| (c) The verbatim record may be destroyed without | 17 |
| notification to or the
approval of a records commission or the | 18 |
| State Archivist under the Local Records
Act or the State | 19 |
| 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 | 22 |
| particular recording; and
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| (2) the public body approves minutes of the closed | 24 |
| meeting that meet the
written minutes requirements of | 25 |
| 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. | 28 |
| At such
meetings a determination shall be made, and reported in | 29 |
| an open session that
(1) the need for confidentiality still | 30 |
| exists as to all or part of those
minutes or (2) that the | 31 |
| 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 | 34 |
| the verbatim
recording no longer requires confidential | 35 |
| treatment or otherwise consents to
disclosure, the verbatim | 36 |
| record of a meeting closed to the public shall not be
open for |
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| public inspection or subject to discovery in any administrative
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| or judicial proceeding other than one brought to enforce this | 3 |
| Act. In the case of a civil
action brought to enforce this Act, | 4 |
| the court, if the judge believes such an examination is | 5 |
| necessary, must conduct such in camera
examination of the | 6 |
| verbatim record as it finds appropriate in order to
determine | 7 |
| whether there has been a violation of this Act. In the case of | 8 |
| a
criminal proceeding, the court may conduct an
examination in | 9 |
| order to
determine what portions, if any, must be made | 10 |
| available to the parties for use
as evidence in the | 11 |
| prosecution. Any such initial inspection must be held in | 12 |
| camera. If the court
determines that a complaint or suit | 13 |
| brought for noncompliance under this Act
is valid it may, for | 14 |
| the purposes of discovery, redact from the minutes of the
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| meeting closed to the public any information deemed to qualify | 16 |
| under the
attorney-client privilege. The provisions of this | 17 |
| subsection do not supersede
the privacy or confidentiality | 18 |
| provisions of State or federal law.
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| (f) Minutes of meetings closed to the public shall be | 20 |
| available only after
the public body determines that it is no | 21 |
| longer necessary to protect the public
interest or the privacy | 22 |
| 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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