Sen. Michael Connelly

Filed: 5/17/2016





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2    AMENDMENT NO. ______. Amend House Bill 4630 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Open Meetings Act is amended by changing
5Section 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
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



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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
4meeting within 30 days after that meeting or at the public
5body's second subsequent regular meeting, whichever is later.
6The minutes of meetings open to the public shall be available
7for public inspection within 10 days after the approval of such
8minutes by the public body. Beginning July 1, 2006, at the time
9it complies with the other requirements of this subsection, a
10public body that has a website that the full-time staff of the
11public body maintains shall post the minutes of a regular
12meeting of its governing body open to the public on the public
13body's website within 10 days after the approval of the minutes
14by the public body. Beginning July 1, 2006, any minutes of
15meetings open to the public posted on the public body's website
16shall remain posted on the website for at least 60 days after
17their initial posting.
18    (c) The verbatim record may be destroyed without
19notification to or the approval of a records commission or the
20State Archivist under the Local Records Act or the State
21Records Act no less than 18 months after the completion of the
22meeting 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
3semi-annually, meet to review minutes of all closed meetings.
4At such meetings a determination shall be made, and reported in
5an open session that (1) the need for confidentiality still
6exists as to all or part of those minutes or (2) that the
7minutes or portions thereof no longer require confidential
8treatment and are available for public inspection. The failure
9of a public body to strictly comply with the semi-annual review
10of closed session written minutes, whether before or after the
11effective date of this amendatory Act of the 94th General
12Assembly, shall not cause the written minutes or related
13verbatim record to become public or available for inspection in
14any judicial proceeding, other than a proceeding involving an
15alleged violation of this Act, if the public body, within 60
16days of discovering its failure to strictly comply with the
17technical requirements of this subsection, reviews the closed
18session minutes and determines and thereafter reports in open
19session that either (1) the need for confidentiality still
20exists as to all or part of the minutes or verbatim record, or
21(2) that the minutes or recordings or portions thereof no
22longer require confidential treatment and are available for
23public inspection.
24    (e) Unless the public body has made a determination that
25the verbatim recording no longer requires confidential
26treatment or otherwise consents to disclosure, the verbatim



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1record of a meeting closed to the public shall not be open for
2public inspection or subject to discovery in any administrative
3or judicial proceeding other than one brought to enforce this
4Act. In the case of a civil action brought to enforce this Act,
5the court, if the judge believes such an examination is
6necessary, must conduct such in camera examination of the
7verbatim record as it finds appropriate in order to determine
8whether there has been a violation of this Act. In the case of
9a criminal proceeding, the court may conduct an examination in
10order to determine what portions, if any, must be made
11available to the parties for use as evidence in the
12prosecution. Any such initial inspection must be held in
13camera. If the court determines that a complaint or suit
14brought for noncompliance under this Act is valid it may, for
15the purposes of discovery, redact from the minutes of the
16meeting closed to the public any information deemed to qualify
17under the attorney-client privilege. The provisions of this
18subsection do not supersede the privacy or confidentiality
19provisions of State or federal law. Access to verbatim
20recordings for purposes of orientation of duly elected
21officials or appointed officials filling a vacancy of an
22elected office in a public body shall be granted in the public
23body's main office or official storage location, in the
24presence of a records secretary, an administrative official of
25the public body, or any elected official of the public body. No
26verbatim recordings shall be recorded or removed from the



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1public body's main office or official storage location, except
2by vote of the public body or by court order.
3    (f) Minutes of meetings closed to the public shall be
4available only after the public body determines that it is no
5longer necessary to protect the public interest or the privacy
6of an individual by keeping them confidential, except that duly
7elected officials or appointed officials filling a vacancy of
8an elected office in a public body shall be provided access to
9minutes of meetings closed to the public for purposes of
10orientation to the public body. Access to minutes for purposes
11of orientation of duly elected officials or appointed officials
12filling a vacancy of an elected office in a public body shall
13be granted in the public body's main office or official storage
14location, in the presence of a records secretary, an
15administrative official of the public body, or any elected
16official of the public body. No minutes of meetings closed to
17the public shall be removed from the public body's main office
18or official storage location, except by vote of the public body
19or by court order.
20    (g) Any person shall be permitted an opportunity to address
21public officials under the rules established and recorded by
22the public body.
23(Source: P.A. 96-1473, eff. 1-1-11.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".