Full Text of HB4630 99th General Assembly
HB4630sam002 99TH GENERAL ASSEMBLY | Sen. Michael Connelly Filed: 5/20/2016
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| 1 | | AMENDMENT TO HOUSE BILL 4630
| 2 | | AMENDMENT NO. ______. Amend House Bill 4630 by replacing | 3 | | everything after the enacting clause with the following:
| 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;
| 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 second subsequent regular meeting, whichever is later. | 6 | | The minutes of meetings open to the public shall be available | 7 | | for
public inspection within 10 days after 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 days after the approval of the minutes | 14 | | by the public body. Beginning July 1, 2006, any minutes of | 15 | | meetings open to the public posted on the public body's website | 16 | | shall remain posted on the website for at least 60 days after | 17 | | their initial posting.
| 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
| 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
| 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
| 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
| 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
| 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. Access to verbatim | 20 | | recordings shall be provided to duly elected officials or | 21 | | appointed officials filling a vacancy of an elected office in a | 22 | | public body, and access shall be granted in the public body's | 23 | | main office or official storage location, in the presence of a | 24 | | records secretary, an administrative official of the public | 25 | | body, or any elected official of the public body. No verbatim | 26 | | recordings shall be recorded or removed from the public body's |
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| 1 | | main office or official storage location, except by vote of the | 2 | | public body or by court order. Nothing in this subsection (e) | 3 | | is intended to limit the Public Access Counselor's access to | 4 | | those records necessary to address a request for administrative | 5 | | review under Section 7.5 of this Act. | 6 | | (f) Minutes of meetings closed to the public shall be | 7 | | available only after
the public body determines that it is no | 8 | | longer necessary to protect the public
interest or the privacy | 9 | | of an individual by keeping them confidential , except that duly | 10 | | elected officials or appointed officials filling a vacancy of | 11 | | an elected office in a public body shall be provided access to | 12 | | minutes of meetings closed to the public. Access to minutes | 13 | | shall be granted in the public body's main office or official | 14 | | storage location, in the presence of a records secretary, an | 15 | | administrative official of the public body, or any elected | 16 | | official of the public body. No minutes of meetings closed to | 17 | | the public shall be removed from the public body's main office | 18 | | or official storage location, except by vote of the public body | 19 | | or by court order. Nothing in this subsection (f) is intended | 20 | | to limit the Public Access Counselor's access to those records | 21 | | necessary to address a request for administrative review under | 22 | | Section 7.5 of this Act . | 23 | | (g) Any person shall be permitted an opportunity to address | 24 | | public officials under the rules established and recorded by | 25 | | the public body. | 26 | | (Source: P.A. 96-1473, eff. 1-1-11.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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