Full Text of SB0226 94th General Assembly
SB0226eng 94TH GENERAL ASSEMBLY
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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 and | 14 |
| at the location where the meeting is to be held at least 48 | 15 |
| hours in
advance of the holding of the meeting. A public body | 16 |
| that has a website that the full-time staff of the public body | 17 |
| maintains shall also post on its website the agenda of any | 18 |
| regular meetings of the governing body of that public body. Any | 19 |
| agenda of a regular meeting that is posted on a public body's | 20 |
| website shall remain posted on the website until the regular | 21 |
| meeting is concluded. The requirement of a regular
meeting | 22 |
| agenda shall not preclude the consideration of items not | 23 |
| specifically
set forth in the agenda.
Public
notice of any | 24 |
| special meeting except a meeting held in the event of a
bona | 25 |
| fide emergency, or of any rescheduled regular meeting, or of | 26 |
| any
reconvened meeting, shall be given at least 48 hours before | 27 |
| such
meeting, which notice shall also include the agenda for | 28 |
| the special,
rescheduled,
or reconvened meeting, but the | 29 |
| validity of any action taken by the public
body which is | 30 |
| germane to a subject on the agenda shall not be affected by
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| other errors or omissions in the agenda. The requirement
of | 32 |
| public notice of reconvened meetings does
not apply to any case |
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| where the meeting was open to the public and (1)
it is to be | 2 |
| reconvened within 24 hours, or (2) an announcement of
the time | 3 |
| and place of the reconvened meeting was
made at the original | 4 |
| meeting and there is no change in the agenda. Notice
of an | 5 |
| emergency meeting shall be given as soon as practicable, but in | 6 |
| any
event prior to the holding of such meeting, to any news | 7 |
| medium which has
filed an annual request for notice under | 8 |
| subsection (b) of this Section.
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| (b) Public notice shall be given by posting a copy of the | 10 |
| notice at the
principal office of the body holding the meeting | 11 |
| or, if no such office exists,
at the building in which the | 12 |
| meeting
is to be held. In addition, a public body that has a | 13 |
| website that the full-time staff of the public body maintains | 14 |
| shall post notice on its website of all meetings of the | 15 |
| governing body of the public body. Any notice of an annual | 16 |
| schedule of meetings shall remain on the website until a new | 17 |
| public notice of the schedule of regular meetings is approved. | 18 |
| Any notice of a regular meeting that is posted on a public | 19 |
| body's website shall remain posted on the website until the | 20 |
| regular meeting is concluded. The body shall supply copies of | 21 |
| the notice of its regular
meetings, and of the notice of any | 22 |
| special,
emergency, rescheduled or reconvened meeting, to any | 23 |
| news medium
that has filed an annual request for such notice. | 24 |
| Any such news
medium shall also be given the same notice of all | 25 |
| special,
emergency, rescheduled or reconvened meetings in the | 26 |
| same manner as
is given to members of the body provided such | 27 |
| news medium has given the
public body an address or telephone | 28 |
| number within the territorial jurisdiction
of the public body | 29 |
| at which such notice may be given. The failure of a public body | 30 |
| to post on its website notice of any meeting or the agenda of | 31 |
| any meeting shall not invalidate any meeting or any actions | 32 |
| taken at a meeting.
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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 |
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| 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 | 3 |
| video recording.
Minutes
shall include, but need not be limited | 4 |
| 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 | 7 |
| present or absent;
and
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| (3) a summary of discussion on all matters proposed, | 9 |
| 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 | 11 |
| available for
public inspection within 7 days of the approval | 12 |
| of such minutes by the public
body. Beginning July 1, 2006, at | 13 |
| the time it complies with the other requirements of this | 14 |
| subsection, a public body that has a website that the full-time | 15 |
| staff of the public body maintains shall post the minutes of a | 16 |
| regular meeting of its governing body open to the public on the | 17 |
| public body's website within 7 days of the approval of the | 18 |
| minutes by the public body. Beginning July 1, 2006, any minutes | 19 |
| of meetings open to the public posted on the public body's | 20 |
| website shall remain posted on the website for at least 60 days | 21 |
| after their initial posting.
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| (c) The verbatim record may be destroyed without | 23 |
| notification to or the
approval of a records commission or the | 24 |
| State Archivist under the Local Records
Act or the State | 25 |
| 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 | 28 |
| particular recording; and
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| (2) the public body approves minutes of the closed | 30 |
| meeting that meet the
written minutes requirements of | 31 |
| 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. | 34 |
| At such
meetings a determination shall be made, and reported in | 35 |
| an open session that
(1) the need for confidentiality still | 36 |
| exists as to all or part of those
minutes or (2) that the |
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| 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 | 4 |
| the verbatim
recording no longer requires confidential | 5 |
| treatment or otherwise consents to
disclosure, the verbatim | 6 |
| record of a meeting closed to the public shall not be
open for | 7 |
| public inspection or subject to discovery in any administrative
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| or judicial proceeding other than one brought to enforce this | 9 |
| Act. In the case of a civil
action brought to enforce this Act, | 10 |
| the court, if the judge believes such an examination is | 11 |
| necessary, must conduct such in camera
examination of the | 12 |
| verbatim record as it finds appropriate in order to
determine | 13 |
| whether there has been a violation of this Act. In the case of | 14 |
| a
criminal proceeding, the court may conduct an
examination in | 15 |
| order to
determine what portions, if any, must be made | 16 |
| available to the parties for use
as evidence in the | 17 |
| prosecution. Any such initial inspection must be held in | 18 |
| camera. If the court
determines that a complaint or suit | 19 |
| brought for noncompliance under this Act
is valid it may, for | 20 |
| the purposes of discovery, redact from the minutes of the
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| meeting closed to the public any information deemed to qualify | 22 |
| under the
attorney-client privilege. The provisions of this | 23 |
| subsection do not supersede
the privacy or confidentiality | 24 |
| provisions of State or federal law.
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| (f) Minutes of meetings closed to the public shall be | 26 |
| available only after
the public body determines that it is no | 27 |
| longer necessary to protect the public
interest or the privacy | 28 |
| 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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