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Full Text of HB4583  100th General Assembly

HB4583 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4583

 

Introduced , by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/2.02  from Ch. 102, par. 42.02
5 ILCS 120/2.06  from Ch. 102, par. 42.06
5 ILCS 120/3  from Ch. 102, par. 43

    Amends the Open Meetings Act. Provides that certain notice provisions that currently apply to regular meetings of a public body shall also apply to special meetings of a public body. Requires a public body that has a website maintained by a full-time staff to post the agenda and notice of meetings for both the governing body and all subsidiary bodies of the public body. Removes a provision stating that the failure of a public body to post on its website notice of any meeting or the agenda of any meeting shall not invalidate any meeting or any actions taken at a meeting. Requires a public body that has a website to post the minutes of a regular, special, or emergency meeting of its governing body (currently, only regular meeting). Allows a court to declare null and void any final action taken at a meeting in violation of the Act, regardless of whether or not the meeting was a closed meeting. Provides that a court shall (rather than may) assess against any party, except a State's Attorney, reasonable attorney's fees and other litigation costs reasonably incurred by any other party who substantially prevails in any action brought under specified provisions of the Act.


LRB100 18041 RJF 33230 b

 

 

A BILL FOR

 

HB4583LRB100 18041 RJF 33230 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Sections 2.02, 2.06, and 3 as follows:
 
6    (5 ILCS 120/2.02)  (from Ch. 102, par. 42.02)
7    Sec. 2.02. Public notice of all meetings, whether open or
8closed to the public, shall be given as follows:
9    (a) Every public body shall give public notice of the
10schedule of regular meetings at the beginning of each calendar
11or fiscal year and shall state the regular dates, times, and
12places of such meetings. An agenda for each regular or special
13meeting shall be posted at the principal office of the public
14body and at the location where the meeting is to be held at
15least 48 hours in advance of the holding of the meeting. A
16public body that has a website that the full-time staff of the
17public body maintains shall also post on its website the agenda
18of any regular or special meetings of the governing body and of
19all subsidiary bodies of that public body. Any agenda of a
20regular or special meeting that is posted on a public body's
21website shall remain posted on the website until the regular or
22special meeting is concluded. The requirement of a regular
23meeting agenda shall not preclude the consideration of items

 

 

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1not specifically set forth in the agenda. Public notice of any
2special meeting except a meeting held in the event of a bona
3fide emergency, or of any rescheduled regular meeting, or of
4any reconvened meeting, shall be given at least 48 hours before
5such meeting, which notice shall also include the agenda for
6the special, rescheduled, or reconvened meeting, but the
7validity of any action taken by the public body which is
8germane to a subject on the agenda shall not be affected by
9other errors or omissions in the agenda. The requirement of
10public notice of reconvened meetings does not apply to any case
11where the meeting was open to the public and (1) it is to be
12reconvened within 24 hours, or (2) an announcement of the time
13and place of the reconvened meeting was made at the original
14meeting and there is no change in the agenda. Notice of an
15emergency meeting shall be given as soon as practicable, but in
16any event prior to the holding of such meeting, to any news
17medium which has filed an annual request for notice under
18subsection (b) of this Section.
19    (b) Public notice shall be given by posting a copy of the
20notice at the principal office of the body holding the meeting
21or, if no such office exists, at the building in which the
22meeting is to be held. In addition, a public body that has a
23website that the full-time staff of the public body maintains
24shall post notice on its website of all meetings of the
25governing body and of all subsidiary bodies of the public body.
26Any notice of an annual schedule of meetings shall remain on

 

 

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1the website until a new public notice of the schedule of
2regular meetings is approved. Any notice of a regular or
3special meeting that is posted on a public body's website shall
4remain posted on the website until the regular or special
5meeting is concluded. The body shall supply copies of the
6notice of its regular meetings, and of the notice of any
7special, emergency, rescheduled or reconvened meeting, to any
8news medium that has filed an annual request for such notice.
9Any such news medium shall also be given the same notice of all
10special, emergency, rescheduled or reconvened meetings in the
11same manner as is given to members of the body provided such
12news medium has given the public body an address or telephone
13number within the territorial jurisdiction of the public body
14at which such notice may be given. The failure of a public body
15to post on its website notice of any meeting or the agenda of
16any meeting shall not invalidate any meeting or any actions
17taken at a meeting.
18    (c) Any agenda required under this Section shall set forth
19the general subject matter of any resolution or ordinance that
20will be the subject of final action at the meeting. The public
21body conducting a public meeting shall ensure that at least one
22copy of any requested notice and agenda for the meeting is
23continuously available for public review during the entire
2448-hour period preceding the meeting. Posting of the notice and
25agenda on a website that is maintained by the public body
26satisfies the requirement for continuous posting under this

 

 

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1subsection (c). If a notice or agenda is not continuously
2available for the full 48-hour period due to actions outside of
3the control of the public body, then that lack of availability
4does not invalidate any meeting or action taken at a meeting.
5(Source: P.A. 97-827, eff. 1-1-13.)
 
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
9their meetings, whether open or closed, and a verbatim record
10of all their closed meetings in the form of an audio or video
11recording. 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
17        (3) a summary of discussion on all matters proposed,
18    deliberated, or decided, and a record of any votes taken.
19    (b) A public body shall approve the minutes of its open
20meeting within 30 days after that meeting or at the public
21body's second subsequent regular meeting, whichever is later.
22The minutes of meetings open to the public shall be available
23for public inspection within 10 days after the approval of such
24minutes by the public body. Beginning July 1, 2006, at the time
25it complies with the other requirements of this subsection, a

 

 

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1public body that has a website that the full-time staff of the
2public body maintains shall post the minutes of a regular,
3special, or emergency meeting of its governing body open to the
4public on the public body's website within 10 days after the
5approval of the minutes by the public body. Beginning July 1,
62006, any minutes of meetings open to the public posted on the
7public body's website shall remain posted on the website for at
8least 60 days after their initial posting.
9    (c) The verbatim record may be destroyed without
10notification to or the approval of a records commission or the
11State Archivist under the Local Records Act or the State
12Records Act no less than 18 months after the completion of the
13meeting recorded but only after:
14        (1) the public body approves the destruction of a
15    particular recording; and
16        (2) the public body approves minutes of the closed
17    meeting that meet the written minutes requirements of
18    subsection (a) of this Section.
19    (d) Each public body shall periodically, but no less than
20semi-annually, meet to review minutes of all closed meetings.
21At such meetings a determination shall be made, and reported in
22an open session that (1) the need for confidentiality still
23exists as to all or part of those minutes or (2) that the
24minutes or portions thereof no longer require confidential
25treatment and are available for public inspection. The failure
26of a public body to strictly comply with the semi-annual review

 

 

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1of closed session written minutes, whether before or after the
2effective date of this amendatory Act of the 94th General
3Assembly, shall not cause the written minutes or related
4verbatim record to become public or available for inspection in
5any judicial proceeding, other than a proceeding involving an
6alleged violation of this Act, if the public body, within 60
7days of discovering its failure to strictly comply with the
8technical requirements of this subsection, reviews the closed
9session minutes and determines and thereafter reports in open
10session that either (1) the need for confidentiality still
11exists as to all or part of the minutes or verbatim record, or
12(2) that the minutes or recordings or portions thereof no
13longer require confidential treatment and are available for
14public inspection.
15    (e) Unless the public body has made a determination that
16the verbatim recording no longer requires confidential
17treatment or otherwise consents to disclosure, the verbatim
18record of a meeting closed to the public shall not be open for
19public inspection or subject to discovery in any administrative
20or judicial proceeding other than one brought to enforce this
21Act. In the case of a civil action brought to enforce this Act,
22the court, if the judge believes such an examination is
23necessary, must conduct such in camera examination of the
24verbatim record as it finds appropriate in order to determine
25whether there has been a violation of this Act. In the case of
26a criminal proceeding, the court may conduct an examination in

 

 

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1order to determine what portions, if any, must be made
2available to the parties for use as evidence in the
3prosecution. Any such initial inspection must be held in
4camera. If the court determines that a complaint or suit
5brought for noncompliance under this Act is valid it may, for
6the purposes of discovery, redact from the minutes of the
7meeting closed to the public any information deemed to qualify
8under the attorney-client privilege. The provisions of this
9subsection do not supersede the privacy or confidentiality
10provisions of State or federal law. Access to verbatim
11recordings shall be provided to duly elected officials or
12appointed officials filling a vacancy of an elected office in a
13public body, and access shall be granted in the public body's
14main office or official storage location, in the presence of a
15records secretary, an administrative official of the public
16body, or any elected official of the public body. No verbatim
17recordings shall be recorded or removed from the public body's
18main office or official storage location, except by vote of the
19public body or by court order. Nothing in this subsection (e)
20is intended to limit the Public Access Counselor's access to
21those records necessary to address a request for administrative
22review under Section 7.5 of this Act.
23    (f) Minutes of meetings closed to the public shall be
24available only after the public body determines that it is no
25longer necessary to protect the public interest or the privacy
26of an individual by keeping them confidential, except that duly

 

 

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1elected officials or appointed officials filling a vacancy of
2an elected office in a public body shall be provided access to
3minutes of meetings closed to the public. Access to minutes
4shall be granted in the public body's main office or official
5storage location, in the presence of a records secretary, an
6administrative official of the public body, or any elected
7official of the public body. No minutes of meetings closed to
8the public shall be removed from the public body's main office
9or official storage location, except by vote of the public body
10or by court order. Nothing in this subsection (f) is intended
11to limit the Public Access Counselor's access to those records
12necessary to address a request for administrative review under
13Section 7.5 of this Act.
14    (g) Any person shall be permitted an opportunity to address
15public officials under the rules established and recorded by
16the public body.
17(Source: P.A. 99-515, eff. 6-30-16.)
 
18    (5 ILCS 120/3)  (from Ch. 102, par. 43)
19    Sec. 3. (a) Where the provisions of this Act are not
20complied with, or where there is probable cause to believe that
21the provisions of this Act will not be complied with, any
22person, including the State's Attorney of the county in which
23such noncompliance may occur, may bring a civil action in the
24circuit court for the judicial circuit in which the alleged
25noncompliance has occurred or is about to occur, or in which

 

 

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1the affected public body has its principal office, prior to or
2within 60 days of the meeting alleged to be in violation of
3this Act or, if facts concerning the meeting are not discovered
4within the 60-day period, within 60 days of the discovery of a
5violation by the State's Attorney or, if the person timely
6files a request for review under Section 3.5, within 60 days of
7the decision by the Attorney General to resolve a request for
8review by a means other than the issuance of a binding opinion
9under subsection (e) of Section 3.5.
10    Records that are obtained by a State's Attorney from a
11public body for purposes of reviewing whether the public body
12has complied with this Act may not be disclosed to the public.
13Those records, while in the possession of the State's Attorney,
14are exempt from disclosure under the Freedom of Information
15Act.
16    (b) In deciding such a case the court may examine in camera
17any portion of the minutes of a meeting at which a violation of
18the Act is alleged to have occurred, and may take such
19additional evidence as it deems necessary.
20    (c) The court, having due regard for orderly administration
21and the public interest, as well as for the interests of the
22parties, may grant such relief as it deems appropriate,
23including granting a relief by mandamus requiring that a
24meeting be open to the public, granting an injunction against
25future violations of this Act, ordering the public body to make
26available to the public such portion of the minutes of a

 

 

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1meeting as is not authorized to be kept confidential under this
2Act, or declaring null and void any final action taken at a
3closed meeting in violation of this Act.
4    (d) The court shall may assess against any party, except a
5State's Attorney, reasonable attorney's fees and other
6litigation costs reasonably incurred by any other party who
7substantially prevails in any action brought in accordance with
8this Section, provided that costs may be assessed against any
9private party or parties bringing an action pursuant to this
10Section only upon the court's determination that the action is
11malicious or frivolous in nature.
12(Source: P.A. 99-714, eff. 8-5-16.)